14 Del. Admin. Code § 903-4.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 903-4.0 - Process for the Determination of Best Interest

4.1 The DFS Caseworker and LEA Foster Care Liaison shall be responsible for the coordination of the date, time, and method for the Best Interest Meeting using available technology; however, in person attendance is preferred.

4.1.1 The LEA Foster Care Liaison shall:

4.1.1.1 Invite needed educationally related participants; and

4.1.1.2 Invite the special education administrator or designee from the student's school of residence, based on the address of the DSCYF custody placement at the time of the meeting, and the student's school of origin, and the educational surrogate parent when applicable to participate in the Best Interest Meeting if the student is eligible for or receiving special education services.

4.1.2 The DFS Caseworker shall:

4.1.2.1 Invite the parents, legal guardian, or relative caregiver, foster care parents, attorney for the child or CASA, and educational decision maker, as applicable; and

4.1.2.2 Invite the student to attend when it is determined to be developmentally appropriate by the DFS Caseworker.

4.2 The Best Interest Meeting shall be conducted in a manner that results in the Best Interest Meeting Determination Form (Foster Care) being completed.

4.3 The Best Interest determination shall be made by the following individuals:

4.3.1 A representative of DSCYF, preferably the DFS Caseworker,

4.3.2 A representative of the student's school of origin, and

4.3.3 A representative of the student's school of residence based on the address of the DSCYF custody placement at the time of the meeting.

4.4 If no agreement is reached by all of the representatives specified in subsection 4.3 for changing the school placement from the school of origin to the student's school of residence, based on the address of the DSCYF custody placement at the time of the meeting, then the student shall remain in the school of origin pending finalization of any applicable dispute resolution process.

4.4.1 Except in accordance with subsection 4.4.2, a subsequent Best Interest Meeting shall not occur unless subsection 3.1 or subsection 3.3 applies.

4.4.2 If exigent circumstances exist for a subsequent Best Interest Meeting to occur, an application shall be submitted on a form approved by the Department to the State Coordinator. The Secretary or designee will determine whether to approve the application for the requested subsequent Best Interest Meeting.

14 Del. Admin. Code § 903-4.0

26 DE Reg. 98 (8/1/2022) (Final)