14 Del. Admin. Code § 930-1.0 - Definition

"Supportive Instruction" meansan alternative educational program provided at home, in a hospital or at a related site for a student temporarily at home or hospitalized for a sudden physical or mental illness, injury, episodic flare up of a chronic physical or mental health condition, accident, or pregnancy, childbirth, or related medical condition to pregnancy or childbirth. Subject to 14 Del.C. § 1604 (8), thismay also include an alternative educational program provided at home to a student that has been suspended, expelled or subject to expulsion based upon the student's local school district or charter school policy.

1.1 Procedures for eligibility shall be limited to appropriate certification that the student cannot attend school.

1.2 Services for children with disabilities as defined in the Individuals with Disabilities Education Act (IDEA) (20 U.S.C 1400 et seq.), and its regulations (34 CFR parts 300 and 301), 14 Del.C. Ch. 31, and the Department of Education's regulations on Children with Disabilities (14 DE Admin. Code 922 through 929) shall be provided in accordance with these laws and shall be processed under the district's or charter school's special education authority. Nothing in this regulation shall prevent a district from providing supportive instruction to children with disabilities in a manner consistent with the Individuals with Disabilities Education Act (IDEA) and its regulations, 14 Del.C. Ch. 31, and the Department of Education's regulations on Children with Disabilities.

1.3 Nothing in this regulation shall alter a district's or charter school'sduties under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act to students who are qualified individuals with disabilities. Nothing in this regulation shall prevent a district from providing supportive instruction to such students.

Notes

14 Del. Admin. Code § 930-1.0

14 DE Reg. 558 (12/01/10)
16 DE Reg. 412 (10/01/12)
18 DE Reg. 215 (9/1/2014)
23 DE Reg. 452 (12/1/2019) (Final)