14 Del. Admin. Code § 291-9.0

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

Section 291-9.0 - Oversight and Revocation

9.1 Review.

9.1.1 The Department will regularly review program outcomes every 2 years.

9.1.2 Programs which meet the requirements and standards on the Department report are approved by the Department as a Tier 1 or Tier 2.

9.1.3 Programs which fail to meet the requirements and standards addressed in Section 7.0 shall be placed on probation as a Tier 3 or Tier 4.

9.2 Probation.

9.2.1 Following the process provided in Section 8.0, if the approved program fails to meet the standards and benchmarks, reporting, or compliance requirements set forth by this regulation, it shall be placed on probation.

9.2.2 Programs which are deemed non-compliant with requirements for program approval as provided in Section 4.0, which do not comply with data sharing pursuant to Section 8.0, or whose CAEP accreditation or SPA recognition is revoked or expires may be placed on probation status or face revocation of the Department's approval.

9.2.3 Programs may continue to accept participants for entry while on the first probation cycle.

9.2.4 Probation shall last 2 years or until the next program review cycle unless, via annual reporting requirements, the program provides evidence to substantiate meeting full program approval, as decided by the Department. If a program provides such evidence, it may be removed from probation after 1 year.

9.2.5 Within 30 days of the notification to the program that its probation is renewed for a second 2-year cycle, the provider shall notify each participant individually in writing of the probation of program approval and provide documentation of the notification to the Department.

9.2.6 While a program is on probation, it must continue to provide all annual reporting.

9.2.7 The Department will monitor program progress towards meeting the goals for the program cited by the Department throughout the probationary period, including review of required data reports and monitoring visits.

9.2.8 If, after the first 2-year probation cycle, a program is deemed by the Department to have not made satisfactory progress toward meeting program standards, reporting, and compliance requirements as set forth in this regulation, its approval may be revoked. For the purpose of this regulation, "satisfactory progress" means a participant is on track to satisfy all program requirements within the required timeframe.

9.2.9 Probation may be renewed after the first 2-year probation cycle has been completed if the program is deemed to be making satisfactory progress. However, no new participants may enter the program during this time. Within 30 days of the notification to the program that its probation is renewed for a second 2-year cycle, the program must notify each participant individually in writing of its probationary status and provide documentation of the notification to the Department.

9.2.10 Programs that fail to meet the standards for approval after 4 years on probation will have approval revoked.

9.3 Revocation.

9.3.1 If a program fails to meet the standards, reporting, or compliance requirements set forth by this regulation, and the program is not on probation, its approval shall be revoked.

9.3.2 The Department will make the final determination regarding revocation of the Department's approval.

9.3.3 If, upon review of a program, the Department decides that it will move to revoke program approval, the Department will notify the program in writing.

9.3.4 Upon provision of such notification, program approval is considered revoked. The program shall not recruit or accept new participants. Participants enrolled in the program who have accumulated enough credits to be on track for graduation within the current academic year may be deemed as having completed the program.

9.3.5 An individual, public or private educational association, corporation, or institution must wait 2 years after the program has been revoked before it can apply to the Department for approval of a program that is substantially the same as the program that was revoked.

9.4 Appeal.

9.4.1 A program subject to a decision of revocation may file a petition with the Department for review of that decision not later than 30 calendar days after the notice of revocation has been provided.

9.4.2 The petition for review of revocation decision shall include a short statement explaining the rationale for contesting the decision. The petition shall be accompanied by a statement of position and evidence supporting the rationale.

9.4.3 The Department shall review the materials submitted by the program, including written statements of position, documents, and comments supporting the claims.

9.4.4 The Department, after considering the evidence presented and the arguments made by the petitioner, shall make a decision and inform the petitioner in writing of that decision within 60 working days of receipt of the materials. The decision of the Department is final.

14 Del. Admin. Code § 291-9.0

28 DE Reg. 114 (8/1/2024) (Final)