GOVERNORS ADVISORY COUNCIL FOR EXCEPTIONAL CITIZENS (GACEC)

GENERAL MEMBERSHIP MEETING

7:00P.M., November 18, 2014
George V. Massey Station, Second Floor Conference Room
516 West Loockerman Street, Dover, DE
MINUTES
MEMBERS PRESENT: Chairperson Robert Overmiller, Cathy Cowin, Bill Doolittle, Terri
Hancharick, Bernie Greenfield, Dana Levy, Karen McGloughlin, Chris McIntyre, Carrie Melchisky,
Mary Ann Mieczkowski, Jennifer Pulcinella, Shawn Rohe, Brenn Shepperson, Kirsten Wolfington,
and Thomas Keeton.
OTHERS PRESENT: Guests: Sarah Celestin, Department of Education (DOE); Dale
Matusevitch (DOE); Sandra Miller, Division of Vocational Rehabilitation (DVR); Cassandra
Pearce, parent; Jennifer Nagourney, DOE Charter School Association; Dorothy Mumford, Division
for the Visually Impaired (DVI); Freda Collins, Child Development Watch; Charles Burbank,
parent; and Rob Sheinberg, parent. Staff present: Wendy Strauss, Executive Director; Kathie
Cherry, Office Manager and Sybil White, Administrative Coordinator.
MEMBERS ABSENT: Marie-Anne Aghazadian, Jean Butler, Dafne Carnright, Carma Carpenter,
Al Cavalier, Nancy Cordrey, Karen Eller, Brian Hartman, Beth Mineo, Janella Newman, Bill
ONeill, Ron Russo, Howard Shiber, Lavina Smith.
Chairperson Robert Overmiller called the meeting to order at 7:02p.m. Introductions were made
around the table. Robert reminded everyone that side bar conversations were distracting and should
be avoided. He also asked that anyone speaking do so keeping in mind that the meeting is being
recorded. Robert announced the change to the agenda adding guest speaker and asked for a motion
to approve. The motion was approved.

PUBLIC COMMENTS
Charles Burbank, a parent from Gateway Lab School asked to address Council regarding the recent
news that the Charter School Commission recommended not renewing the charter of Gateway Lab
School. Mr. Burbank spoke passionately about the positive experience of his child at Gateway
compared to the negative experience at his district feeder school. Mr. Burbank expressed his
concern that this school was being punished based on standards that are clearly not in the best
interest of the student population that currently makes up Gateway Charter School.
Robert asked for a motion to approve the October meeting minutes from the Retreat. Member
Karen McGloughlin indicated she had previously made a request to change her status from present
to absent at the retreat. Sybil indicated that the changes were made prior to the meeting at the

request of Karen and that Robert should have an updated copy. Robert asked for and received a
motion to approve the minutes as amended. The motion was approved. Robert asked for a motion
to approve the October financial report. Bill Doolittle asked about the staff salary line item. Wendy
explained that each year there is a salary shortfall and the Office of Management and Budget (OMB)
assures her that they will find the money to meet staff salaries. This has happened for many years in
the past and each year OMB has fulfilled that commitment. A motion was made and approved to
accept the October financial report as submitted.
Wendy Strauss announced that the GACEC was honoring member Dennis Rubino who submitted
his retirement from Council at the October retreat. Wendy thanked Dennis for his years of
commitment, his calm manner and his willingness to share his perspective. Dennis was asked about
his retirement plans and indicated that he would be retiring from his position at Delaware State
University in July and plans to spend time with his family. Dennis thanked everyone and indicated
that he has learned so much during his 13 years of service. Wendy read the contents of the tribute
from Governor Markell and presented Dennis with both the tribute and a plaque from Council.
Wendy also recognized Terri Hancharick with a plaque from Council for her leadership and service
as Chair of the GACEC from 2010-2013. Wendy later thanked retiring members who were not in
attendance: Blake Roberts, Nina Bunting, Dave Hosier, John Ryan and Janet Cornwell who
submitted her retirement at the October retreat.

DOE REPORT
Mary Ann reported that the Department of Education (DOE) received a 2.2million school climate
grant for its Positive Behavioral Support (PBS) program. The grant will be used to enhance the
supports and resources for the multi-tiered approach that is currently in place. She shared that 94
educators participated in school wide PBS workshops that involved overview of prevention,
correcting problem behaviors and developing self-discipline. The PBS project hosted an annual
secondary forum in October focused on implementation of PBS projects for middle schools. 46
educators attended the event. Mary Ann shared that the results of the school climate survey data
will be reported since the survey was distributed during October and November. Social Skills
training was provided by the PBS project that included 16 new social skills group facilitators from
three schools within the Christina school district. Mary Ann shared that her report contained much
more information and was provided to GACEC staff. A copy of the report is available online.
Member Bernie Greenfield questioned Mary Ann about the proposed closing of Gateway Lab
School. Mary Ann introduced Jennifer Nagourney from the Charter School accountability office to
explain the process that was used to make the determination and what options were still available
for parents and concerned citizens. There are still opportunities to make public comments prior to
Secretary of Education Murphy making his recommendation to the State Board for approval.

AD HOC COMMITTEE REPORTS

Terri provided an update on House Bill (HB) 90, the Enrollment Preference Task Force. The group
is currently looking at Charter, Vo-Tech and Magnet school requirements for new enrollment. The
final recommendations will be sent to the Governor this month. Robert reported on the Senate Bill
(SB) 229 regulations. Once the regulations are final there will be a small group working with the
assessment team at DOE to develop the new alternate assessment. Wendy added that she
appreciated the Department giving GACEC an opportunity to provide feedback prior to the
regulations being made available for public comment. Robert also reported on SB 254. Robert
shared his concern that the bill was introduced on the Senate committee floor on the day before the
last Senate committee meeting. There was no representation from the State Board, teacher
administrators or teacher supervisors. The bill introduced a new system for paying teachers. Wendy
shared that GACEC sent out information for the community forums that DOE held. Wendy
attended one forum and GACEC wrote a letter with some concerns with some of the
recommendations. Ann Fisher shared that at the last meeting it was stated that the bill was passed to
form the committee to explore making changes to the teacher compensation system, not to be a
definitive change. The report is now expected to be released January 7, 2015.
Ann reported that the committee will now hold subcommittee meetings to get feedback from
educators. Wendy shared that one of GACEC recommendations was that the committee get
feedback from educators. The one forum that Wendy attended was not well attended. The
information at that meeting indicated the possibility of current educators being grandfathered in to
the current compensation system and new hires being subject to the new system. Wendy shared her
understanding that the new system included new positions that educators would be nominated for
and that the position would last for a period of three years at which time the educator would lose the
additional compensation that was included with the new position. Wendy shared that the potential
cost would be six million dollars for the first year. The teachers in the session that Wendy attended
indicated that they would prefer that the money be spent on services for students. Ann shared her
concern that there were no definitions or explanations for what the new positions would entail. Tom
Keeton asked if this was the same program that was originally introduced that would exclude
career/technical education (CTE) teachers and language teachers, among others. Wendy shared that
at the meeting she attended it was stated that it would exclude specialists, but Ann shared that a
change was made and different information was shared in the November meeting at William Penn.
Robert stated that it would be important to look at the Recommended Budget from Governor
Markell since that is what determines teacher salaries. Some of these items may be included as
changed in the budget bill which may not include any public notice other than notice of publication
of the Governors budget. Bill shared his concern that depending on the way this compensation
system was set up it could discourage teachers from working with students with disabilities.
Bill updated Council on Senate Concurrent Resolution (SCR) 63: IEP Task Force. He shared that
he feels that a lot of progress is being made and there is a commitment to continuing the work after
expiration of the task force.

Autism Task Force: Mary Ann shared that the third meeting of the Autism Task Force was held
today. The task force is looking at an Autism resource collaborative between DOE, Department of
Health and Social Services (DHSS), Center for Disability Studies (CDS), Autism Delaware,
Division of Vocational Rehabilitation (DVR) and the Division of Developmental Disability Services
(DDDS). In lieu of the December meeting, the members of the Interagency Committee for Autism
is meeting to come up with a mission, vision and business plan of what Autism collaborative could
look like. That information would then be brought back to the Task Force at the January meeting.
Bill shared that there was a little discussion on changing Delaware Code. Mary Ann shared that the
legislation was written in 1980 when about 70 students were identified and now we have 1300
students identified on the autism spectrum. This led to discussion about whether the legislation
should be changed. Jennifer Pulcinella asked if there was any discussion about the difference in the
medical diagnosis and the educational diagnosis. This information was discussed and Mary Ann
suggested this might be one of the low hanging fruits that the collaborative would select to work on.

DIRECTOR REPORT
Wendy offered praise for DOE, DVR and DDDS for pulling off a wonderful Transition Conference
in such a short period of time. The conference this past year was held in April and then moved to
October which is a much shorter turn around. GACEC had the opportunity to offer a session on the
state transition website. Kathie and Sybil have had the opportunity to present to transition
coordinators about the website. There has been much wonderful feedback from those sessions and
many coordinators have asked for additional business cards and fliers to share with their clients.
The Disability History and Awareness Month (DHAM) poster contest was held again this year and
there are more entrants than ever. The poster contest luncheon will be held on December 4, 2014 at
the Duncan Center. There was a meeting with the Rodel Foundation that included Developmental
Disabilities Council (DDC), SCPD, individuals from Public Health and the Parent Teacher
Association (PTA). Wendy shared one of the concerns voiced by the group was does all truly
mean all. In the past, input was not included from the disability community. The feeling was that
Rodel invited the GACEC just to be able to say that the disability community was represented but
they were not listening to the input of the disability community. Kurt Landgraf said that he would
share the concern Wendy mentioned with Rodel. Bill Doolittle shared that he felt the plan was
especially weak for students with special needs. Karen McGloughlin shared that she felt there was
no feedback on her input even though she did not identify herself as being involved with individuals
with disabilities. Karen shared that the website that Rodel established so that feedback could be
shared was not useful as no follow up was provided. Robert voiced a concern that this plan has
been in process since 2006 and continues to receive funding with no results. Wendy said she was
hopeful since they reached out to her personally this year and even asked to speak to Council.
Wendy spoke about her plan to send out the full list of items from the legislative planning
committee. No education items were picked so the GACEC will do what we can to move some of
the issues forward. She shared that she met with Brian Freedman and Laura Eisman from the
Center for Disability Studies regarding legislation to allow Student Excellence Equals Degree

(SEED) grant money to be used for the Career and Life Studies Certificate (CLSC) program at the
University of Delaware. Wendy asked Mary Ann about the progress of the parent satisfaction
survey that DOE and the Parent Information Center (PIC) is working on. Mary Ann shared that
DOE is working on it with PIC and the PTA so she asked Bill to give an update. Bill shared that
they are working on making the survey more useful and accessible to parents. He is pleased with
the progress. Wendy requested a copy of the survey be sent to Council once completed. Wendy
invited parent Rob Sheinberg to provide his public comment since he was unable to do so during the
initial public comment period. Mr. Sheinberg spoke about the positive experiences his daughter has
had at Gateway Lab School and asked for support as they try to get the charter renewed. Mr.
Sheinberg stated that to compare Gateway to other schools is unfair since more than sixty percent of
the students who attend Gateway have an Individualized Education Plan (IEP) or 504
Accommodation plan. He shared the story of a young man who attended Gateway prior to moving
out of state where he now attends a very large school. Because of his participation in the band at
Gateway, this young man was able to transfer that experience to his new larger school and
immediately have a sense of belonging even though he may struggle academically or socially. This
is the type of experience offered to all Gateway students. Robert thanked Mr. Sheinberg for sharing
with Council.

COMMITTEE REPORTS

ADULT TRANSITION SERVICES

Cathy Cowin shared that Dale Matusevich from DOE spoke to the committee about state graduation
rates. The graduation rate of special education students from 2011/12-2013/14 has increased 3%.
Dale also provided information on Indicator 14. Cathy shared that one of the biggest challenges is
having accurate contact information to follow up with students. She shared that the statewide
response rate is about 30%.

CHILDREN AND YOUTH

Bill Doolittle reported in the absence of committee chair, Karen Eller. Sarah Celestin from DOE
reported on Indicator 3, participation and performance on state assessment. The group asked for an
updated list of stakeholders for each Indicator. The group also requested placement data, home
school data and district information for all students who are not in general education classroom 80%
of the time. The group also discussed the situation at Gateway Lab School and the fact that the
performance measures cannot accurately assess a school like Gateway.

INFANT AND EARLY CHILDHOOD

Jennifer Pulcinella reported that the group discussed HB 319 amending Delaware Code relating to
Midwifery. Jennifer attended a meeting of the Delaware Healthy Mother/Infant Consortium where
she learned that Representative Baumbach is sponsoring this legislation. The group discussed the
paperwork that goes with the students during the birth to three and the three to five transitions.
Mary Ann shared that representatives from the birth to three and three to five groups meet together
to develop an IEP. Jennifer asked if the parents would be involved in this meeting. Mary Ann
answered that absolutely they would be invited. Jennifer shared that the group has been informed
that this is not always the case. Many times the IEP is developed using only the information in the
documentation, which is often old information. Mary Ann said that she would follow up with
Verna Thompson to discuss the IEP information for the birth to five groups and suggested that the
group ask Verna to come in and present. Jennifer ended her report by stating that the group would
like to hear from Verna. Wendy shared that she spoke with the group and shared some ideas that
she and Secretary Landgraf had about early childhood transition.

POLICY AND LAW

Wendy presented in the absence of Chair Jean Butler or Vice Chair Brian Hartman. The committee
recommended action on items 3-5 of the November Legal Memorandum that was shared with
Council previously.
Commentary on the regulations was as follows:
3. DMMA Medicaid Rehabilitative Services Regulation [18 DE Regulation 429 (12/1/14)]
As background, rehabilitative services are an optional Medicaid State Plan benefit. Delaware
includes rehabilitative services within its State Plan. Under the general heading of
rehabilitative services, the Delaware Medicaid Plan included a Community Support Service
Program which covered behavioral health rehabilitative services per persons with disabilities
caused by mental illness and substance use disorder. At p. 430. This program encompassed both
residential and non-residential support services. Id. Details are contained in the relevant provider
manual published at
http://www.dmap.state.de.us/downloads/manuals/Community.Support.Services.Provider.Specific.p
df
CMS has already approved an amendment to remove the Community Support Service Program
entirely from the Medicaid State Plan effective January 1, 2015. At p. 430. The rationale for the
deletion of the Program is that the PROMISE program makes it obsolete. Id. In a nutshell,
support services previously provided under the Community Support Service Program would be
covered (along with other services) by PROMISE. DMMA is proposing to formally delete the
Community Support Service Program from the State Plan through the current proposed regulation.

The committee discussed the following observations.

First, the committee is concerned that eligibility for PROMISE is more circumscribed than
eligibility under the Community Support Service Program. As a result, some classes of individuals
who were eligible for behavioral health support services under the former program will be left in
the cold. Consider the following:
A. Per 5.0 from the Community Support Service Program Provider Manual, eligibility for
the program was expansive and not limited by diagnosis:
5.0 Service Limitations
5.1. Eligibility Limitations
5.1.1 Community support services are limited to eligible DMAP clients who would benefit
from services designed for or associated with mental illness, alcoholism or drug addiction.
5.1.1.2 Coverage for community support services is limited to those Medicaid clients who
are certified by the program physician as severely disabled according to criteria for severity
of disability caused by mental illness and/or substance abuse.
B. In contrast, the PROMISE program is highly prescriptive and only covers individuals
with certain diagnoses.
While individuals with a TBI diagnosis could have qualified under the Community Support
Service eligibility standard, that diagnosis is non-qualifying under PROMISE. The SCPD and
GACEC have requested reconsideration of DMMAs exclusion of TBI as a qualifying diagnosis
under PROMISE. Apart from TBI, there may be a host of other classes of individuals who would
have been eligible under the Community Support Service program but who will be barred from
PROMISE based on a non-qualifying diagnosis, including the following:
1) intermittent explosive disorder (DSM V, 312.34);
2) conduct disorder (DSM V, 312.81, 312.82, and 312.89);
3) all neurocognitive disorders (DSM V, pp. 591-642); and
4) all trauma- and stressor-related disorders apart from PTSD (DSM V, pp. 265-290).
Second, DMMA indicates that PROMISE is intended to cover individuals qualifying under the
DOJ-Delaware settlement. At p. 430. The population of individuals covered by the Settlement
Agreement is not limited to certain diagnoses. As a result, while an individual in the Delaware
Psychiatric Center (DPC) with a diagnosis of intermittent explosive disorder will qualify for
services under the Settlement Agreement, DHSS will have to spend 100% State funds for
community programming for the individual since the person lacks a qualifying diagnosis to be
eligible for PROMISE. Alternatively, the individual will be relegated to a narrow scope of services

offered by an MCO.

Query whether these results are fiscally and clinically prudent.

In closing, while the Division characterizes the Community Support Services program as obsolete
as supplanted by the PROMISE program, this is not entirely accurate. It is unfortunate that the
Division is proposing elimination of a program with more progressive eligibility criteria and
substituting a program with brittle, no-exceptions diagnosis-based eligibility criteria.
The committee recommends sharing these observations with Division of Medicaid and Medical
Assistance (DMMA), the Division of Substance Abuse and Mental Health (DSAMH), the
Department of Health and Social Services (DHSS) Secretary and Court Monitor. Given the
exclusion of neurocognitive disorders (including Alzheimers), the Councils may wish to share a
courtesy copy of comments with the American Association of Retired Persons (AARP).
4. DOE Medications & Treatments Regulation [18 DE Regulation 419 (12/1/14)]
As background, legislation (S.B. No. 246) was enacted in July, 2014 which requires the Department
to issue implementing regulations. The legislation indicates that the federal School Access to
Emergency Epinephrine Act was passed in 2013. The federal Act establishes a preference in
receiving certain federal grants to states which adopt laws addressing administration of epinephrine
to students experiencing anaphylactic reactions. The preamble to S.B. No. 246 includes the
following statistics:

1 in 25 school aged children are affected by food allergies, the most common
trigger of anaphylaxis;

approximately 16-18% of children with food allergies have experienced a

reaction in school; and

approximately 25% of all anaphylaxis cases occur in children whose food

allergy was previously undiagnosed.
The committee discussed the following observations.
First, 3002E(a) of the statute requires the DOE regulation to address documentation of the training
of Trained Persons. The implication is that the legislators envisioned record keeping of written
confirmation of completion of training. In contrast, the regulation (6.1.2) merely contemplates the
written representation of personnel that he/she has completed training. Reasonable persons might
differ on whether a self-reporting approach is prudent, especially given the risk of death if
epinephrine is not properly administered. It should not be burdensome to require personnel to
submit proof of completion of a Board of Nursing training course.
Second, a related concern is the weakening of the record-keeping system for trained personnel.
The regulation deletes a current requirement that a school nurse essentially act as a point person to

send the Department of Education a list of educators who have completed the training:
A School Nurse shall:
6.1.2.1. Complete instructor training as designated by the Department of Education and shall
submit a list of educators and other school employees, who have completed the training to
the Department of Education.
It would be much easier for the Department to monitor implementation of the regulation if schools
supplied a list of trained personnel. Otherwise, the Department would be completely unaware if
multiple schools had zero trained personnel. Some DOE monitoring of implementation is
contemplated since the school nurse is required (7.5) to submit an emergency medication summary
sheet to the DOE within 48 hours of use of an emergency medication. Moreover, the statute
[3005E(a)] requires schools to identify and train a sufficient number of eligible persons. If no
information on the number of trained personnel is submitted to DOE, query how it will monitor
compliance with this statutory standard?
Third, the statute [3005E(b)]contains the following provision:
Except for a school nurse, an educator, coach or person hired or contracted by schools
serving students in pre-kindergarten through grade 12 shall not be compelled to become a
Trained Person, unless this is a requirement of hire or contract.
In contrast, the regulation contains inconsistent standards implementing this provision:

7.2.1 An identified person cannot be compelled to become a Trained Person, unless

training is a requirement of their position, hire, or contract.

8.0. Except for a School Nurse, no Educator or Other School Employee shall be
compelled to assist a student with medication or administer emergency medication.

The latter section omits the caveat that personnel can be compelled to fulfill the qualifications and
role of a Trained Person if a requirement of hire or contract.
Fourth, in 2.0, the definition of Assistance with Self-Administration of Medication is
problematic. It includes the following provision:
The one exception is with emergency medications where standard emergency procedures
prevail in lifesaving circumstances for life threatening symptoms of a diagnosed condition
and includes the administration of the medication based on the healthcare providers order
and parent permission.
The definition of Emergency Medication for a Diagnosed Medical Condition is similarly limited
to a diagnosed medical condition.

Consistent with the preamble to S.B. No.246, approximately 25% of all anaphylaxis cases occur in
children whose food allergy was previously undiagnosed. Therefore, the reference to a diagnosed
condition is unduly limiting. Likewise, since the condition may be undiagnosed, there may be no
provider order and no parent permission.
The DOE could simply delete the entire sentence since it is superfluous. There is no need to
include the emergency standards within the definition of Assistance with Self-Administration of
Medication. The balance of the regulation provides ample guidance on emergency situations.
Fifth, in 2.0, the definition of medication includes a categorical requirement that it has been
authorized for a student to use. There is some tension between that definition and the
authorization to administer an emergency medication for an allergic reaction based on an
undiagnosed condition. There will be no prior authorization from a health care provider or parent
since the condition is undiagnosed.
Sixth, in 2.0, the definition of paraeducator is unduly limiting. It recites that the term means
teaching assistants or aides in a school. This could exclude a service paraeducator [14 DE
Administrative Code 1517] who might provide assistance to a student in extracurricular or off-site
activities. If a paraeducator were to become a Trained Assistant for Self-Administration or a
Trained Person, the paraeducator could be working outside a building at an Approved School
Activity [6.1.4] such as a field trip, team competition, or playground recess. Cf. October 17,
2013 Delaware News Journal article noting allergic reactions due to wasp sting or eating peanut on
playground.
Seventh, for similar reasons, 7.1 should be amended. It literally only allows administration of an
emergency medication in the school building.
Eighth, 6.1 only permits Trained Assistants for Self-Administration to act during approved school
activities in kindergarten through Grade 12". This omits preschool activities which are expected
to be covered. See 14 Del.C. 3001E(3) and regulatory 2.0, definition of school. Compare
reference to pre-kindergarten through Grade 12" in 6.1.4.
Ninth, the original version of S.B. No. 246 addressed emergency responses to asthma attacks. The
explicit references to asthma were deleted by Senate Amendment (S.A.) No. 1. Apart from food
allergies, emergency administration of Diastat for seizures and glucagon for symptoms of diabetes
are authorized in some states. See Epilepsy Legal Defense Fund, Diastat Administration in
Schools: Summary of Relevant Federal Laws and Selected Cases at p. 1. S.B. No. 246 defines
emergency medication as one responsive to an allergic reaction. This limitation is mirrored in
the regulation, 2.0. Schools are directed to maintain current, stock Emergency Medication
[7.3]. It would be progressive if the DOE expanded the scope of emergency medications
beyond those for allergic reactions. If legislation were needed to facilitate a broader approach, that
could be considered.

The committee recommends sharing these observations with the DOE. A courtesy copy of comments
could be shared with the Division of Public Health and the prime sponsors of S.B. No. 246, Sen. HallLong and Rep. Barbieri.
5. DFS Revised Proposed Early Care & Education & School-Age Ctr. Reg. [18 DE Regulation
438 (12/1/14)]
The GACEC and SCPD commented on the proposed version of this regulation in June, 2014. Rather
than adopt a final regulation, the Division of Family Services has now issued a revised proposed set of
proposed regulations. The standards are lengthy, i.e., 69 pages.
1. Preliminarily, the Councils promoted the incorporation of more robust non-discrimination language
than the brief reference in 25.1.3. Section 35.1.2 has been amended to include an assurance of nondiscrimination based on disability and other protected classes. It could be improved by including a
specific reference to the Americans with Disabilities Act (ADA) and the Delaware equal
accommodations statute consistent with the opinion of Attorney General (p. 4) included with the June
commentary from the Councils.
2. In their June commentary, the Councils objected to authorization for children to ride bikes without
helmets if the bike has wheels of less than 20 inches in diameter. Section 41.0 remains unchanged and
the comment should be reiterated. In other contexts, DFS has adopted good standards to prevent
injuries [e.g. trampoline ban (40.5); protective surfacing (40.8)].
3. In their June commentary, the Councils recommended adoption of a requirement of notification to
Division of Family Services (DFS) for each administration of extended physical restraint. No change
to 13.0 has been made. The comment should be reiterated.
4. In 3.0, the definition of IEP recites that it covers the educational program for a child three (3)
years of age or older. This is not entirely accurate. Children with certain classifications are eligible
under IDEA-B for an IEP at birth. See Title 14 Del.C. 3101(3) and 1703(k)(l)(m).
5. In 19.1, there is an extraneous 129".
6. Section 43.2 allows a provider to have one toilet for 15 school-age children plus staff. For younger
children, the standard is one toilet for every 10 children aged 24 months through preschool plus staff.
The committee recommends consideration of a lower ratio. Ready access to a toilet is not provided
under this arrangement. The Councils recently criticized continuation of a 1-8 individual-toilet ratio
for family care homes in commenting on a proposed regulation published at 18 DE Reg. 282 (10/1/14).
Other regulations require one toilet for every four (4) individuals. See the neighborhood home
regulation [requiring 1 toilet for every four (4) individuals (16 DE Admin Code 3310, 9.0]. See also
16 DE Admin Code 3230, 5.9, and 16 DE Admin Code 3301, 5.9. Moreover, toddlers and children
may need assistance in toileting and turnover may not be quick.
7. DFS may wish to review the proposed DOE regulation published this month [18 DE Reg. 419

11

(12/1/14)] regarding emergency administration of medications in the event of allergic reactions. The
DOE regulation covers pre-kindergarten programs in schools. See 2.0, definition of school. There
may be overlapping jurisdiction with DFS over some programs. Compare 3.2 and 3.3 (DFS
regulation covers early care and school age centers within schools). DFS may wish to promote
compatibility between its standards (e.g. 60-61) and the DOE standards in the context of emergency
interventions related to allergic reactions. Section 61.2 generally authorizes staff to take appropriate
emergency action in response to allergic reactions.

MEMBERSHIP COMMITTEE
Danna Levy welcomed two new GACEC members: Kirsten Wolfington, a parent of a child with a
disability and Tom Keeton who will be replacing John Ryan on the Council as a representative for the
Department of Corrections. She also congratulated Dennis, Terri and Janet. Danna announced the
resignation of the following Council members over the past few months: John Ryan, Blake Roberts,
Helene Diskau, Nina Bunting, Ray Verlinghieri, Janet Cornwell and Marshal Stevenson.

PERSONNEL COMMITTEE
There was no report at this time.

OUTSIDE COMMITTEE UPDATES

A report on the Delaware Healthy Mother and Infant Consortium was given during the Infant and Early
Childhood report.

CHAIR REPORT
Robert reminded everyone that if they attend any outside meetings to please provide Council with an
update. Robert read the list of absent member as well as guests at the meeting this evening. He then
shared that he and GACEC staff have met with various cabinet secretaries to discuss the relationships
between the GACEC, the Secretaries and their staff. Especially of note is that the Division of Fish and
Wildlife has accessible areas. This month DNREC added a section on access for individuals with
disabilities in the magazine they send out to individuals who get their license to either hunt or fish in
the state.
A motion was made to adjourn the meeting. The motion was approved and the meeting was adjourned
at 9:16 p.m. There will be no meeting in December.

12

Delaware Department of Education, Exceptional Children's Workgroup Report

Governor's Advisory Council for Exceptional Citizens
November 18, 2014
Delaware PBS

Through Exceptional Children Resources, and in collaboration with the DE-PBS Project, the
Department of Education received a $2.2 million School Climate Transformation Grant,

"Delaware Positive Behavior Support: School Climate and Student Success." Combining Social
Emotional Learning techniques within the Positive Behavior Support multi-tiered systems of
support framework, the grant will provide resources to support expansion of evidence-based
professional development and data integration tools across approximately 140 schools
statewide. Further, the grant will support increased technical assistance to focused schools
within priority LEAs to develop and implement multi-tiered systems of support with fidelity
leading to improved student behavioral and academic outcomes. Together with members of
DOE's Exceptional Children Resources and School Support Services workgroups, the DE-PBS
Project will implement grant activities over a period of five years.

The DE PBS Project conducted a School wide PBS workshop, aimed at staff members that are
-

new to existing PBS teams, on Tuesday, September 23, 2014. Participants included 94 educators
from 39 schools representing 15 school districts. The content involved an in-depth overview of
the research-based SWPBS framework including: Program Development and Evaluation,
Prevention: Implementing School-wide and Classroom Systems, Correcting Problem Behaviors,
and Developing Self-Discipline. Activities included participant reflection, discussion, and sharing
of current school practices. Using data trends from DE-PBS Key Features Evaluations, the
participants planned implementation activities focused around areas the Project identified as
priority areas for improvement: student knowledge of school-wide expectations, incorporation
of social-emotional learning within the PBS framework, and improving peer relationships to
support bullying-prevention efforts.

The Delaware Positive Behavior Support Project (DE PBS) offers annual recognition to schools
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that exemplify specific components of the DE-PBS Key Features. For the 2013-2014 school year,
the Project recognized three phases of School-wide Positive Behavior Support (SWPBS) program
implementation. Schools at Phase 1 have a strong foundation with key components in place. In
addition to these foundational components, schools at Phase 2 have systems to sustain their
program and implement strategies to promote social-emotional learning and students'
development of self-discipline. At Phase 3, schools also demonstrate effective systems for
supporting at-risk students, such as utilization of a problem-solving team and targeted
interventions for students. At all phases, use of data for planning is critical. At the end of each
school year, DE-PBS schools voluntarily apply for recognition in one of three phases, based on
their program's current level of implementation. For the 2013-14 school year, 17 schools from 7
districts received Phase 1 recognition. Additionally, 3 schools from 3 districts were recognized

for Phase 2, and 4 schools from 3 districts received Phase 3 recognition. Phase 1 recipients
received a certificate and blue ribbon for display. Phases 2 and 3 recipients received a
certificate and banner for display.

The DE PBS Project hosted the annual Secondary Forum on Wednesday, October 22, 2014.
This interactive workshop focused on implementation strategies for middle and high schools
active with the DE-PBS Project, as well as secondary school personnel that are exploring
Schoolwide PBS implementation. Attendees included 46 educators from 20 schools
representing 11 districts. The content involved overviews of current research and data related
to following topics at the secondary level: 1) bullying prevalence and bullying prevention, 2)
effective major versus minor behavior management systems, and 3) student social emotional
learning (SEL). The forum included opportunities for participants to share strategies, network,
and complete action plans around each topic. Featured interventions focused on developing
student SEL, namely self-awareness, self-management, and responsible decision-making.
Strategies to support staff behaviors included de-escalating negative student behaviors and
identifying students who need targeted interventions related to school connectedness. Schoollevel action plans were completed and once compiled, they were disseminated to the schools
and their district DE-PBS coaches. These action plans will be used as a data source to inform DEPBS Project technical assistance and professional development priorities for activities related to
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secondary schools.

The Delaware School Climate Surveys registration was open through Friday, November 7 th . See
www.delawarepbs.org . Currently 108 Delaware schools representing 13 districts are enrolled
this school year. The Delaware School Climate Surveys provide schools with a brief, useful
measure of school climate, assessing how students, teachers/staff, and parents perceive the
school environment. They measure perceptions of relationships among the school community
members (e.g., teacher-student relationships, teacher-parent relationships, and student
relationships), school safety, and fairness and clarity of rules and behavioral expectations. The
surveys include supplemental scales to measure positive and punitive disciplinary techniques as
well as techniques targeting social-emotional competencies, frequency of bullying (verbal,
physical, social-relational, cyberbullying) behaviors, and cognitive/behavioral and emotional
school engagement. A wealth of research shows that individuals' perceptions of their
environments are strong predictors of important social, emotional, and academic outcomes. The
DE-PBS Project supports schools and districts to utilize this information in identifying areas of
strengths and needs around which action plans and monitoring can occur.
The DE-PBS Project has received requests to use the DSCS from 19 education agencies from 14
states as well as 4 countries. The survey has been translated and administered in China, Japan
and Brazil.

Social Skills Facilitator Training was provided on Monday, September 29, 2014, through
Delaware Positive Behavior Support (DE-PBS) Project. Participants included 16 new social skills
group facilitators from three schools within the Christina School District. Consultants Linda
Raymond and Debra Korngold presented information based on Michelle Garcia Winner's Social
Thinking curriculum that focused on how to initiate and form student groups, plan lessons, and
engage students in the content. Each participant received resource binders and texts to assist
with implementation of social skills groups in their school.

Statewide Personnel Development Grant (SPDG)-Behavior/Social Emotional Initiative:

On October 15 th, The Delaware Positive Behavior Support (PBS) Project, in collaboration with
DDOE under the State Personnel Development Grant (SPDG), welcomed Dr. Rose lovannone
from the University of South Florida to present part one of Prevent-Teach-Reinforce (PTR) model
to an audience of 112 educators from 55 different schools, representing 15 school districts. PTR
is a Tier 3 behavior intervention process for completing Functional Behavior Assessments and
developing Behavior Intervention Plans. This is a team-driven process, led by a facilitator, and
aligned with Rtl/Problem-Solving approaches. The PTR process differs from traditional
approaches by building in teacher coaching and support that ensures the teacher is able to
implement the behavior plan with fidelity. In addition, the process includes a protocol for
measuring implementation fidelity and provides an efficient daily data progress monitoring tool
that allows the team to make decisions about the impact of the intervention plan. The process is
broken into 5 steps to support a standardized model of delivering Tier 3 behavior supports to
students. Participants focused on these 5 steps and how to facilitate the process with teams in
their school. Participants will return in the spring for part two, which will also be presented by
Dr. Ivannone. Out of the 15 districts who participated, 8 will receive ongoing Technical
Assistance and Coaching through the PBS Project/SDPG grant: Brandywine, Caesar Rodney,
Capital, Christina, Colonial, Laurel, Red Clay, and Smyrna.

On October 17th, the DE PBS Project held a workshop to train Master Facilitators in the PTR
process. This professional development led by Dr. Ivannone is intended to build capacity within
school districts to a group of 5 school psychologists who have the skill set and willingness to
receive further technical assistance and support in order to train and coach other school-based
professionals in their districts to implement PTR. The Master Facilitators will be trained in
evaluating the quality of completed Functional Behavior Assessment (FBA)/Behavior
Improvement Plan (BIP) (technical adequacy) and to achieve adequate inter-rater reliability with
others. They will also be provided strategies and a systematic process for coaching peers to
implement PTR. There are 3 districts who will be involved in scaling up: Capital, Colonial, and
Red Clay. Later that day, the Master Facilitators had a chance to observe Dr. Ivannone
implement the PTR with a team, including a family, to gain further insight into the process. This
was done at Southern Elementary School in the Colonial School District.

On Friday, October 10, Woodbridge School District sponsored the Western Sussex Summit with
a focus on Trauma Sensitive Schools. The Delaware Positive Behavior Support (PBS)
Project presented three sessions to a total of 60 participants. The presentations focused on
integration of a trauma-informed approach into Schoolwide PBS systems, the DE-PBS Key
Features, and how these integrated approaches support the academic, behavioral, and socialemotional needs of students.

The Delaware Positive Behavior Support Project in collaboration with Delaware Department of
Education under the State Personnel Development Grant (SPDG) hosted Dr. Elizabeth
Laugeson, UCLA, in presenting the PEERS Curriculum for School-Based Professionals. A total of
56 people from 8 school districts were in attendance. In addition, outside agency personnel

attended from Autism Delaware and the Center for Disabilities Studies. Participants are now
fully trained and certified to implement the curriculum. PEERS is an evidence-based curriculum
developed for higher functioning adolescents without significant intellectual disabilities and
focuses on skills related to making and keeping friends and managing peer conflict and rejection.
Lessons include topics such as having two-way conversations, electronic forms of
communication, choosing appropriate friends, managing arguments with friends, and handling
teasing and bullying. PEERS teaches social skills using concrete rules and systematic steps of
social behavior and utilizes the Socratic method, role-play demonstrations, perspective taking
questions, coaching with feedback, and homework assignments. There are currently 7 schools
participating in the PEERS pilot program which involve group facilitators receiving ongoing
coaching and professional development provided by the DE-PBS Instructional Coach, Susan
Veenema over the next two years. Memorandums of Agreement are being executed with each
pilot school: Appoquinmink School District (Louis. B. Redding Middle School), Brandywine
School District (Mt. Pleasant High School, PS DuPont Middle School), Capital School District
(Dover High School),Seaford School District (Seaford High School, Seaford Middle School),

Gateway Lab Charter School

The Strategic Instruction Model (SIM) initiative was launched through a two-day training on
September 18 & 19. SIM promotes effective teaching and learning across content areas through
the use of: content enhancements which are teaching devices and routines to organize and
present curriculum content in an understandable and easy-to-learn manner; and learning
strategies instruction which focuses on developing active learners by teaching them how to
learn and how to use what they have learned to solve problems and be successful.
Over 60 staff from eight building teams attended representing middle and high schools in
Laurel, Milford, Smyrna and Woodbridge School Districts as well as Positive Outcomes Charter
School. Participants included general and special educators in addition to reading specialists,
instructional coaches, and administrators. The teams will re-convene for two training days in

the winter and one training day in the spring. In between trainings, team members will receive
job-embedded coaching as well as support through an online forum. The initiative is funded
through a federal State Personnel Development Grant and implemented through the ACCESS
Project at the University of Delaware Center for Disability Studies

k'

The Systematic Processes for Enhancing and Assessing Communication Supports (SPEACS)
Communication Training was held on October 1, 2, and 3 with student-based teams from six
school districts. Over 70 school staff attended including special educators, speech language
pathologists, and school administrators as well as other related service staff and family
members. The training was provided by Drs. Jane Kleinert and Jacqui Kearns from the University
of Kentucky and focused on building communication systems for students with the most
significant cognitive disabilities. Teams developed action plans related to their targeted
students and will receive tri-weekly, job-embedded coaching support provided by staff at the
ACCESS project (www.deaccessproject.org ) at the University of Delaware. In addition to the
training for school staff, a family evening was held on October 2 focused on effective
communication strategies to support children with extensive communication needs. Over 25
families attended the event and received consultation on strategies to use at home.

Standards Based IEP training and coaching is continuing for the four districts trained from last
year. Those districts are Red Clay, Brandywine, Colonial and Woodbridge. This year two new
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districts (Capital and Christina) will engage in training and in-person coaching. Five additional
districts will engage in training and on-line coaching. These districts include New Castle County
Vo-tech, Polytech, Sussex Tech, Cape Henlopen and Indian River.

Transition

Project SEARCH has expanded to a second location in Kent General Hospital. Project SEARCH
Kent County is a partnership between the Department of Education (DOE); Department of
Labor, Division of Vocational Rehabilitation (DOL-DVR), Bayhealth, and all Local Education
Agencies (LEAs )in Kent County. Capital School District is the host district for the program in this
location providing an instructor and paraprofessional. Additional partners include Community
Integrated Services (CIS) and Autism Delaware who will provide job coaches to ensure students
are receiving appropriate work supports during internship rotations.
The Project SEARCH High School Transition Program is a unique, business-led, one-year, schoolto-work program that takes place entirely at the workplace. Total workplace immersion
facilitates a seamless combination of classroom instruction, career exploration, and relevant
job-skills training through strategically designed internships. The goal for each student
participant is competitive employment. The program provides real-life work experience
combined with training in employability and independent living skills to help youths with
significant disabilities make successful transitions from school to productive adult life. Nini]
student interns from three Kent County LEAs (Capital, Milford and Smyrna) began classroom
instruction this school year.
Project SEARCH allows districts an additional avenue to ensure all students are college and
career ready, as well, it facilitates Governor Markell's National Governors Association platform:
A Better Bottom Line: Employing People with Disabilities which aims to increase employment
among individuals with disabilities.

SPARC (Success Pathways and Roads to Careers) is designed to help students, youth and adults
connect with local employers, gain first-hand knowledge of the workplace and develop career
and college readiness skills. SPARC is a public/private partnership which involves state agencies,
schools, nonprofits and employers. Schools participating in this year's pilot include: Sussex
Technical High School, Dover High School, Appoquinimink High School, McKean High School,
Howard High School of Technology, Charter School of Wilmington and Central Middle School.
Representatives from each of the pilot schools recently attended 1/2 day training sessions which
included a deeper-dive into the SPARC initiative and hands-on training for the online platform,
cclnspire. To date, participation from 94 businesses and 196 career coaches has been secured,
along with the identification of 152 work-based learning activities. The official launch is set to
take place during two 1/2 day SPARC Expo events scheduled for November 12 (Delmarva
Conference Center, Newark) and November 14 (Wilmington University, Dover).

Assessment

Professional development on the Delaware System of Student Assessments (DeSSA)

Accessibility Guidelines was held across six half day sessions on September 25, 26, and 29. The
training focused on accessibility features of the state assessments including the universal tools,
designated supports and accommodations available on Smarter ELA and Math assessments.

Over 220 participants from 19 districts and 21 charter schools attended the training. Participants
included district and school test coordinators, special education coordinators, ELL coordinators,
RTI coordinators, counselors and building administrators.
ELL

The Title III English Language Acquisition Program and Early Childhood offices convened the
Master Cadre training for the WIDA Early English Language Development Standards on Oct. 2830. WIDA Early Childhood experts provided training. Five districts (Colonial, Christina, Milford,
Red Clay and Seaford) are participating in the Early-ELDS implementation with a total of 22
participants. The next seven months will include monthly training through online Moodle
sessions for the Master Cadre members. This training will prepare them to assist district staff in
providing instruction for early dual language learners. Delaware is the second state in the nation
to implement WIDA's Early English Language Development Standards.

State Systemic Improvement Plan

For two days each month, Exceptional Children Resources Workgroup meets to continue the
important work of development of the State Systemic Improvement Plan for children with
disabilities. In addition, monthly meetings are also held with the Advisory Council to validate
the work thus far. These meetings are facilitated by staff from the Mid-South Regional Resource
Center and the National Data Center. Through data review and analysis, we have identified a
3rd
State Identified Measurable Result of improving literacy for children with disabilities by
grade. This report is due into OSEP by April 1, 2015.