14 Del. Admin. Code § 745-6.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 745-6.0 - Determination of Suitability and Appeal Process

6.1 A person covered by 31 Del.C. § 309, and these regulations, shall have the opportunity to respond to a Public School regarding any criminal history information obtained prior to a determination of suitability as an Employee, Contractor, or Volunteer being made. See 31 Del.C. § 309 (e)(1)(b). Such a response shall be made within ten (10) working days of the person's receipt of the Criminal Background Check information from SBI.

6.1.1 The determination of suitability as an Employee, Contractor, or Volunteer shall be made by the Public School pursuant to 31 Del.C. § 309 (d) and any other criteria the Public School may establish.

6.2 The Public School shall communicate the results of the determination of suitability to the person, in writing, within five (5) working days of the receipt of the person's response to the criminal history information. If a determination is made to deny a person employment, based upon the criminal history, the person shall have an opportunity to appeal for reconsideration as set forth in 6.3.

6.3 Appeal for Reconsideration

6.3.1 An appeal for reconsideration shall be initiated by a person notified that he/she is being denied or being terminated from employment, pursuant to 31 Del.C. § 309 (e)(1)(b), by submitting a letter of appeal to the Public School Superintendent within ten (10) working days of the receipt of written notice.

6.3.2 The appeal shall be reviewed by the Public School Superintendent and the appellant shall have the right to be heard by the Public School Superintendent within ten (10) working days of the receipt of the letter of appeal.

6.3.2.1 Local Public Schools shall develop procedures for appeals for reconsideration. The process shall be as informal and accessible as possible, but shall allow for impartial and complete review.

6.3.3 A written decision shall be rendered by the Public School Superintendent within ten (10) working days of the hearing. A decision made by the Public School Superintendent under this appeal procedure is final, unless the Public School has made specific provisions for appeal to another entity within the Public School. The decision shall not be appealable to the State Board of Education or to the Department of Education.

14 Del. Admin. Code § 745-6.0

10 DE Reg. 684 (10/01/06)
19 DE Reg. 917 (4/1/2016) (Final)