14 Del. Admin. Code § 1150-26.0

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

Section 1150-26.0 - Nonpublic, Nonprofit Schools

26.1 The nonpublic, nonprofit schools shall be responsible for the administration and supervision of the family transportation allowance provided by the DDOE. The program is contingent upon General Assembly funding.

26.2 The nonpublic, nonprofit, school shall act as the administrator and fiscal agent. If the nonpublic, nonprofit school chooses to use an agent to receive payment other than the nonpublic, nonprofit school, written authorization from the governing board of the nonpublic, nonprofit school, such as the board of trustees or the school board, specifying such agent shall be forwarded to the Education Associate for Pupil Transportation in the DDOE. The use of an agent to accept payment shall not relieve the nonpublic, nonprofit school from its responsibility to administer and supervise the transportation program, to maintain records, or to submit such reports as may be required.

26.3 Those nonpublic, nonprofit schools with families requesting transportation allowances shall provide proof of nonprofit status to DDOE.

26.4 Transportation allowances shall be made only for those eligible Pupils (Delaware residents attending Delaware schools) who meet residence to school proximity guidance of one (1) mile or more for grades K to 6 and two (2) miles or more for grades 7 to 12 and who make application to the nonpublic, nonprofit school for such transportation allowances. These applications for transportation allowances shall be signed by the parent, guardian, or Relative Caregiver and certified by a school administrator. Families of a Pupil who would not otherwise be eligible for the allowance may receive the allowance if a physician certifies that the Pupil is unable to walk or should not walk from home to school and return. The responsibility for establishing a claim for transportation allowances rests upon the claimant, and all records of this request shall be kept on file in the nonpublic, nonprofit school office. Such records shall be made available for audit by a representative of the DDOE or the State Auditor's Office.

26.5 The state shall provide the transportation funds to the nonpublic, nonprofit school or designated agent for eligible families. The family shall direct the nonpublic, nonprofit school or designated agent how the funds are to be dispersed e.g., some or all of the funds to the parent, Guardian or Relative Caregiver for tuition, for school provided transportation costs, for an allowance, etc. The nonpublic, nonprofit school shall ensure that its tuition, transportation fees, and other costs of attendance are independent of the allowances.

26.6 Payment shall be made only on the basis of one (1) trip to and one (1) trip from nonpublic, nonprofit school daily. Families who transport more than one (1) child to the same school by private conveyance shall be reimbursed on the basis of the number of trips rather than on the number of children transported. No family shall qualify for more than one (1) reimbursement for Pupils it transports to a single school except for families with two (2) or more children, one (1) of whom is enrolled in a half day kindergarten program. In the event of car pools, each family is entitled to reimbursement, but a family shall not receive more than the annual allowance.

26.7 The nonpublic, nonprofit school shall submit a transportation form, provided by the DDOE, indicating eligible reimbursements, no later than October 1st of each year. All information shall be based on September 30th enrollment and eligibility. After the submission of the final transportation form no further adjustments for eligibility shall be made for the remainder of the school year.

26.8 In September each year, the nonpublic, nonprofit schools shall receive an initial allocation based upon approximately 1/10 of the previous year's allowances. If the school did not participate the previous year, it should notify the DDOE School Transportation Office by September 1st to establish an initial disbursement amount. Using the information on all of the DDOE transportation forms, the DDOE shall calculate the statewide allowance for the current year and send remaining funds to the schools at the end of October. The school shall return funds not distributed to parents, Guardians or Relative Caregivers to the State of Delaware.

14 Del. Admin. Code § 1150-26.0

8 DE Reg. 541 (10/01/04)
9 DE Reg. 404 (09/01/05)
12 DE Reg. 1086 (02/01/09)
18 DE Reg. 961 (6/1/2015)
19 DE Reg. 307 (10/1/2015)
24 DE Reg. 145 (8/1/2020)