1510 Initial License

The following words and terms, when used in this regulation, shall have the following meaning:

2.0 Definitions

"Comprehensive Educator Induction Program" means an educator induction program approved by the Department to provide mentoring and professional development for educators.

"Department" means the Delaware Department of Education.

"Educator" means a person licensed and certified by the State under 14 Del.C. Ch. 12 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations developed by the Standards Board, in consultation and cooperation with the Department, and approved by the State Board. The term 'educator' does not include substitute teachers.

"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of an educator and may reasonably be found to impair an educator's effectiveness by reason of the educator’s unfitness or otherwise.

"Regionally accredited" means educational accreditation by a regional accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education offered by the institutions of higher education it accredits, including Middle States Commission on Higher Education.

"Skilled and Technical Sciences (STS)" is also known as Trade and Industrial Education, Career and Technical Education, Career Technical Education or Career-Technical Education.

"Specialist" means an educator other than a teacher recognized in this regulation who is eligible to apply for both licensure and certification from the State pursuant to 14 Del.C. Ch. 12 in order to engage in other related professional support services.

"Standard Certificate" means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.

"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.

"State Board" means the State Board of Education pursuant to 14 Del.C. §104.

"Student Teaching Program" means a traditional student teaching placement within a Council for the Accreditation of Educator Preparation (CAEP) approved program offered by a college or university, or such alternatives as deemed appropriate to the program, such as supervised internships or other field based experience recognized as a required component of the regionally accredited educator preparation program or a student teaching placement within a state-approved educator preparation program where the state approval body employed the appropriate standards.

"Supervised Clinical Nursing Experience" means that the applicant has worked as a licensed Registered Nurse in a clinical setting providing care to patients and that the applicant was supervised and evaluated by a licensed Registered Nurse supervisor or other healthcare provider. For the purpose of this regulation, other healthcare provider means a licensed physician, advanced practice registered nurse, or physician assistant.

"Valid and current license or certificate" means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.

23 DE Reg. 38 (07/01/19)

3.0 Issuance of an Initial License

3.1 In accordance with 14 Del.C. §1210, the Department shall issue an Initial License to an applicant who:

3.1.1 Meets the requirements for issuance of an Initial License as set forth in Section 4.0 of this regulation; or

3.1.2 Presents proof of a valid and current license or certificate as an educator from another state or jurisdiction whose requirements are substantially similar to the requirements in Section 4.0 of this regulation and completion of less than 4 years of experience as an educator working under a state credential in any Pre-K to 12 public school; or

3.1.3 Meets the requirements for reciprocity as set forth in Section 5.0 of this regulation; or

3.1.4 Meets the requirements for an applicant whose Delaware educator's license expired as set forth in Section 6.0 of this regulation.

3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for an Initial License if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.

23 DE Reg. 38 (07/01/19)

4.0 Requirements for an Initial License

4.1 Pursuant to 14 Del.C. §1210(a), the Department may issue an Initial License to an applicant who has satisfied the requirements in subsections 4.1.1 through 4.1.3.

4.1.1 The applicant shall have earned, at a minimum, a bachelor's degree from a 4-year regionally accredited college or university. Notwithstanding the foregoing requirement, an applicant for a Skilled and Technical Sciences Teacher Standard Certificate (14 DE Admin. Code 1559) shall complete the coursework specified in Section 4.0 of 14 DE Admin. Code 1559 prior to the expiration of the Initial License.

4.1.2 The applicant shall have simultaneously applied for and met the requirements of at least 1 content area Standard Certificate.

4.1.2.1 An Initial License will not be issued if the applicant does not meet the requirements of the content area Standard Certificate sought or is ineligible for an Emergency Certificate.

4.1.2.2 Subsection 4.1.2 does not apply to applicants who applied for a specialist Standard Certificate as provided in subsection 4.1.3.3.1 or a Skilled and Technical Sciences Standard Certificate.

4.1.3 The applicant shall have completed a Student Teaching Program or meet the requirements of 1 of the alternatives to student teaching as provided in subsections 4.1.3.1 through 4.1.3.5.

4.1.3.1 The applicant completed a minimum of 91 days of successful long-term substitute teaching in up to 2 assignments in the same content area relevant to the content area Standard Certificate sought in a Delaware public school as part of a planned hiring process that leads to a full-time teaching position.

4.1.3.1.1 Subsection 4.1.3.1 applies to applicants who have applied for a content area Standard Certificate. Subsection 4.1.3.1 does not apply to applicants who seek an Early Childhood Teacher Standard Certificate, Elementary Teacher Standard Certificate, or a category Standard Certificate.

4.1.3.1.2 Teaching experience from an Alternative Routes for Teacher Licensure and Certification program may not be used to satisfy the requirement in subsection 4.1.3.1.

4.1.3.1.3 Before commencing the 91 days of substitute teaching, the applicant shall hold a bachelor's degree from a regionally accredited college or university.

4.1.3.1.4 The applicant shall have completed 1 of requirements in subsections 4.1.3.1.4.1 through 4.1.3.1.4.3.

4.1.3.1.4.1 The applicant completed a minimum of 24 credits in the content area of the Standard Certificate sought with a Grade Point Average (GPA) of 3.0 or higher on a 4.0 scale.

4.1.3.1.4.2 The applicant obtained the minimum score on the approved content area examination in the content area of the Standard Certificate sought.

4.1.3.1.4.3 The applicant will be employed as a teacher in the Jobs for Delaware Graduates Program.

4.1.3.1.4.4 The applicant completed a major in education studies or other education major in the content area of the Standard Certificate sought.

4.1.3.1.5 The minimum of 91 days of long-term substitute teaching shall be completed within 2 consecutive school years. The application for an Initial License must be submitted within 1 year of the completion of the 91 days.

4.1.3.1.6 At the conclusion of the long-term substitute teaching assignment or assignments, if the applicant does not meet the requirements of the relevant content area Standard Certificate or meet the requirements to be issued the relevant content area Emergency Certificate, the applicant will not meet the qualifications for issuance of an Initial License.

4.1.3.1.7 The applicant shall submit an attestation from a representative of the applicant's employing school district or charter school that the applicant is competent to engage in the practice of instruction.

4.1.3.2 The applicant completed a minimum of 91 days of substitute teaching per year over a 3-year period while employed as a permanent, full-time substitute in 1 or more assignments in a Delaware public school under 14 Del.C. §1716G.

4.1.3.2.1 Subsection 4.1.3.2 applies to applicants who have applied for at least 1 content area Standard Certificate.

4.1.3.2.2 Teaching experience from an Alternative Routes for Teacher Licensure and Certification program may not be used to satisfy the requirement in subsection 4.1.3.2.

4.1.3.2.3 The substitute teaching shall be completed within 3 consecutive school years. The application for an Initial License must be submitted within 1 year of the completion of the 91 days per year for 3 years.

4.1.3.2.4 At the conclusion of the substitute teaching assignment or assignments, if the applicant does not meet the requirements of a content area Standard Certificate or meet the requirements to be issued a content area Emergency Certificate, the applicant will not meet the qualifications for issuance of an Initial License.

4.1.3.2.5 The applicant shall submit an attestation from a representative of the applicant's employing school district or charter school that the applicant is competent to engage in the practice of instruction.

4.1.3.3 The applicant shall be enrolled and participating in an Alternative Routes for Teacher Licensure and Certification program pursuant to Subchapter VI of 14 Del.C. Ch. 12.

4.1.3.4 The applicant completed a supervised practical experience in the specialty area for which the specialist Standard Certificate is sought.

4.1.3.4.1 Subsection 4.1.3.4 applies to an applicant who has applied for a specialist Standard Certificate. The specialist Standard Certificates are Elementary School Counselor, Secondary School Counselor, School Library Media Specialist, School Nurse, School Psychologist, and School Social Worker.

4.1.3.4.2 An applicant for an Elementary School Counselor Standard Certificate (14 DE Admin. Code 1522), shall have completed 1 of the following supervised practical experiences:

4.1.3.4.2.1 An applicant who does not hold a Secondary School Counselor Standard Certificate shall complete a supervised school counseling clinical experience under the direct supervision of a state department of education certified and practicing elementary school counselor of 700 hours in an elementary school setting (grades K-8) which is part of a graduate degree program in elementary school counseling; or

4.1.3.4.2.2 An applicant who is seeking both an Elementary School Counselor Standard Certificate and a Secondary School Counselor Standard Certificate simultaneously must complete 350 hours of clinical experience in an elementary school setting (grades K-8) under the direct supervision of a state department of education certified and practicing elementary school counselor and 350 hours of clinical experience in a secondary school setting (grades 6-12) under the direct supervision of a state department of education certified and practicing secondary school counselor. Clinical hours in grades 6-8 shall only be used in 1 setting.

4.1.3.4.3 An applicant for a Secondary School Counselor Standard Certificate (14 DE Admin. Code 1545), shall have completed 1 of the following supervised practical experiences:

4.1.3.4.3.1 An applicant who does not hold an Elementary School Counselor Standard Certificate shall complete a supervised school counseling clinical experience under the direct supervision of a state department of education certified and practicing secondary school counselor of 700 hours in a secondary school setting (grades 6-12) which is part of a graduate degree program in secondary school counseling; or

4.1.3.4.3.2 An applicant who is seeking both an Elementary School Counselor Standard Certificate and a Secondary School Counselor Standard Certificate simultaneously must complete 350 hours of clinical experience in an elementary school setting (grades K-8) under the direct supervision of a state department of education certified and practicing elementary school counselor and 350 hours of clinical experience in a secondary school setting (grades 6-12) under the direct supervision of a state department of education certified and practicing secondary school counselor. Clinical hours in grades 6-8 shall only be used in 1 setting.

4.1.3.4.4 An applicant for a School Library Media Specialist Standard Certificate (14 DE Admin. Code 1580) shall have completed 1 of the following supervised practical experiences:

4.1.3.4.4.1 A supervised internship or practicum that is a requirement to earn a master's or doctoral degree in School Library Media from an American Library Association-approved program at a regionally accredited college or university; or

4.1.3.4.4.2 A supervised internship or practicum that is part of a Department-approved School Library Media program that meets the American Library Association's standards.

4.1.3.4.5 An applicant for a School Nurse Standard Certificate (14 DE Admin. Code 1582) shall have completed 3 years of Supervised Clinical Nursing Experience as a registered nurse consisting of a minimum of 500 hours per year for a total of 1,500 hours during the 3-year period. This requirement shall not be met in a school setting.

4.1.3.4.6 An applicant for a School Psychologist Standard Certificate (14 DE Admin. Code 1583) shall have completed a supervised, culminating, comprehensive field experience of at least 1,200 hours, 600 hours of which must have been completed in an educational setting, in an institution or agency that is approved by the applicant's graduate program or the Department, completed at or near the end of formal training, through which the applicant had the opportunity to integrate and apply professional knowledge and skills acquired in prior courses and practica as well as to acquire new competencies consistent with training program goals.

4.1.3.4.7 An applicant for a School Social Worker Standard Certificate (14 DE Admin. Code 1584) shall have completed a supervised internship or practicum that is a requirement to earn a master's or doctoral degree in social work from a regionally accredited college or university.

4.1.3.4.8 An applicant for a School Behavior Analyst Standard Certificate (14 DE Admin. Code 1585) shall have completed the requisite number of supervised clinical hours for certification as a Board Certified Behavior Analyst or a Qualified Behavior Analyst.

4.1.3.4.9 An applicant for a School Behavior Analyst Assistant Standard Certificate (14 DE Admin. Code 1586) shall have completed the requisite number of supervised clinical hours for certification as a Board Certified Assistant Behavior Analyst or a Qualified Autism Service Practitioner Supervisor.

4.1.3.5 The applicant completed 1 of the following experience requirements for a Skilled and Technical Sciences Teacher Standard Certificate (14 DE Admin. Code 1559).

4.1.3.5.1 Six years of work experience in an area related to the STS-specific career area, at least 2 of which shall have been within the last 5 years prior to the date of the application; or

4.1.3.5.2 Six years of work experience by teaching in or direct supervision of educators in an area related to the STS-specific career area, at least 2 of which shall have been within the last 5 years prior to the date of the application.

5.0 Requirements for Reciprocity

5.1 If an applicant is already licensed or certified as an educator in another state or jurisdiction, the applicant must meet the requirements in subsections 5.1.1 through 5.1.4 in order for the Department to issue an Initial License.

5.1.1 The applicant shall hold a valid and current license or certificate as an educator.

5.1.2 The applicant shall have earned a bachelor's degree from a regionally accredited college or university. Notwithstanding the foregoing requirement, an applicant for a Skilled and Technical Sciences Teacher Standard Certificate (14 DE Admin. Code 1559) shall complete the coursework specified in Section 4.0 of 14 DE Admin. Code 1559 prior to the expiration of the Initial License.

5.1.3 The applicant shall have simultaneously applied for and met the requirements of at least 1 content area Standard Certificate.

5.1.3.1 An Initial License will not be issued if the applicant does not meet the requirements of the content area Standard Certificate sought or is ineligible for an Emergency Certificate.

5.1.3.2 Subsection 5.1.3 does not apply to applicants who applied for a specialist Standard Certificate as provided in subsection 4.1.3.4.1 or a Skilled and Technical Sciences Standard Certificate.

5.1.4 The applicant shall have completed less than 4 years of experience as an educator working under a state credential in any Pre-K to 12 public school.

6.0 Requirements for Applicants Whose Delaware Educator's License Has Expired

6.1 An applicant must meet the requirements of subsections 6.1.1 through 6.1.3 in order for the Department to issue an Initial License as provided in Section 9.0.

6.1.1 The applicant shall have previously held a Delaware Initial License that has expired.

6.1.2 The applicant shall have been out of the profession for 4 years or less.

6.1.3 The applicant shall hold or have simultaneously applied for and met the requirements of at least 1 content area Standard Certificate.

6.1.3.1 An Initial License will not be issued if the applicant does not meet the requirements of the content area Standard Certificate sought or is ineligible for an Emergency Certificate.

6.1.3.2 Subsection 6.1.3 does not apply to applicants who applied for a specialist Standard Certificate as provided in subsection 4.1.3.4.1 or a Skilled and Technical Sciences Standard Certificate.

6.2 An applicant who previously held a Delaware educator's license that has since expired, has been out of the profession for more than 4 years, and is ineligible to apply for a Continuing License will be treated as a new applicant and must meet all the requirements in Section 4.0.

7.0 Application Requirements

7.1 An applicant must simultaneously submit an application for a Standard Certificate with the application for an Initial License, and the applicant must provide all required documentation for the Standard Certificate.

7.2 An applicant must disclose the applicant’s criminal conviction history upon application for an Initial License. Failure to disclose a criminal conviction history is grounds for denial or revocation of an Initial License as specified in 14 Del.C. §1219.

7.3 For applicants who are applying for the Initial License under subsection 3.1.1, the following documentation is required:

7.3.1 Official transcript from the applicant's regionally accredited college or university.

7.3.1.1 Electronic transcripts may be submitted by the employing authority or by the applicant's regionally accredited college or university; or

7.3.1.2 Sealed paper transcripts may be submitted.

7.3.1.3 The Department will not accept copies of transcripts; and

7.3.2 Proof the applicant completed a Student Teaching Program or an alternative to student teaching as required in subsection 4.1.3.

7.3.3 Additional documentation as required by the Department.

7.4 For applicants who are applying for the Initial License under subsection 3.1.2, the following documentation is required:

7.4.1 An official copy of the valid and current license or certificate; and

7.4.2 Proof the applicant completed less than 4 years of experience as an educator working under a state credential in any Pre-K to 12 public school; and

7.4.3 Additional documentation as required by the Department.

7.5 For applicants who are applying for the Initial License under subsection 3.1.3, the following documentation is required:

7.5.1 An official copy of the valid and current license or certificate; and

7.5.2 Official transcript from the applicant's regionally accredited college or university.

7.5.2.1 Electronic transcripts may be submitted by the employing authority or by the applicant's regionally accredited college or university; or

7.5.2.2 Sealed paper transcripts may be submitted.

7.5.2.3 The Department will not accept copies of transcripts; and

7.5.3 Proof the applicant completed less than 4 years of experience as an educator working under a state credential in any Pre-K to 12 public school.

7.5.4 Additional documentation as required by the Department.

7.6 For applicants who are applying for the Initial License under subsection 3.1.4, the following documentation is required:

7.6.1 Proof the applicant previously held a Delaware Initial License that has expired; and

7.6.2 Proof the applicant has been out of the profession for 4 years or less; and

7.6.3 Additional documentation as required by the Department.

7.7 Applicants with credentials issued from institutions outside of the United States and United States territories must provide an analysis of the degree equivalency in a format approved by the Department together with all other required application documents and materials.

23 DE Reg. 38 (07/01/19)

8.0 Secretary of Education Review

8.1 The Secretary of Education may, at the written request of a school district or charter school, review credentials submitted in an application for an Initial License on an individual basis and grant an Initial License to an applicant who otherwise does not meet the requirements for an Initial License but whose effectiveness is documented by the school district or charter school.

8.1.1 For school districts, requests shall be approved by the superintendent of the school district.

8.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.

9.0 Validity of an Initial License

9.1 For an applicant who applied for and met the requirements of the Initial License under subsection 3.1.1, the Initial License is issued for a period of 4 years.

9.2 For an applicant who applied for and met the requirements of the Initial License under subsection 3.1.2, 3.1.3, or 3.1.4, the Initial License will be issued based on the years of experience as an educator working under a state credential in any Pre-K to 12 public school.

9.2.1 For applicants who have completed 1 year of experience as an educator, the Initial License is issued for a period of 3 years.

9.2.2 For applicants who have completed 2 years of experience as an educator, the Initial License is issued for a period of 2 years.

9.2.3 For applicants who have completed 3 years of experience as an educator, the Initial License is issued for a period of 1 year.

9.3 Notwithstanding subsections 9.1 and 9.2, for applicants who are applying for the Skilled and Technical Sciences Teacher Standard Certificate, the Initial License is issued for a period of up to 6 years.

9.4 Educators who hold an active, valid Initial License are permitted to engage in the practice of instruction, administration, or other related professional support services at a school district or charter school in Delaware. Initial Licenses are issued for the number of years specified in subsections 9.1, 9.2, and 9.3. Initial Licenses may not be renewed, so in order to continue engaging in the practice of instruction, administration, or other related professional support services at a school district or charter school in Delaware, an educator must apply for and be granted a Continuing License.

9.5 An Initial License issued to an applicant who will not be engaged in the practice of instruction, administration, or other related professional support services at a school district or charter school in Delaware at the time of application shall be placed on inactive status.

9.6 If an educator who holds an active Initial License and at least 1 Standard Certificate becomes no longer engaged in the practice of instruction, administration, or other professional support services at a school district or charter school in Delaware, the educator shall notify the Department in writing. The educator's Initial License will be placed on inactive status effective the date the educator is no longer engaged in the practice of instruction, administration, or other related professional support services at a school district or charter school in Delaware. If an educator fails to notify the Department that the educator is no longer engaged in the practice of instruction, administration, or other related professional support services at a school district or charter school in Delaware, the educator's Initial License will remain active until the Initial License expires. Once the Initial License expires, Section 6.0 of this regulation applies.

9.7 If an educator who holds an active Initial License and an Emergency Certificate or Certificate of Eligibility becomes no longer engaged in the practice of instruction, administration, or other professional support services at a school district or charter school in Delaware, the educator, the educator's school district or charter school, and, if applicable, the ARTC program shall notify the Department in writing. The educator's Initial License will be placed on expired status, effective the date the educator is no longer engaged in the practice of instruction, administration, or other related professional support services at a school district or charter school in Delaware. Once the Initial License expires, Section 6.0 of this regulation applies.

9.8 If an educator who holds an inactive Initial License decides to re-engage in the practice of instruction, administration, or other related professional support services at a school district or charter school in Delaware, the applicant may submit an application to resume active status to the Department. If the application to resume active status is granted by the Department, the Initial License is placed on active status and the educator is permitted to engage in the practice of instruction, administration, or other related professional support services at a school district or charter school in Delaware for up to 4 years or up to 6 years if the applicant applied for and met the requirements of the Skilled and Technical Sciences Teacher Standard Certificate, depending on the period of time for which the Initial License was issued.

10.0 Extension for Exigent Circumstances

10.1 The Department may extend an Initial License for a period not to exceed 1 year, upon the license holder’s showing of exigent circumstances warranting the necessity of such extension. Exigent circumstances are unanticipated circumstances or circumstances beyond the license holder's control, including serious illness of the license holder or a member of the license holder's immediate family, activation to active military duty, and serious emergencies that necessitate the license holder's temporarily leaving active service as an educator.

10.2 A license holder whose Initial License expires during the school year may have the Initial License extended until the last day of the fiscal year upon a request from the public school district superintendent or charter school administrator. This extension shall be considered an exigent circumstance and shall not exceed 1 year in length.

11.1 An educator who holds an Initial License may take a leave of absence for up to 3 years with no effect upon the validity or expiration of the educator's Initial License if approved by the Department.

11.0 Leave of Absence

11.2 The educator shall submit to the Department a request with documentation that the educator is approved by the educator's employing school district or charter school to take a leave of absence and the length of the leave of absence.

11.3 If the Department approves the educator's request, the educator's Initial License will be frozen for an amount of time that is commensurate with the length of the leave of absence up to 3 years.

12.0 Requirements Related to the Retention of an Initial License

12.1 In order to retain an Initial License, the educator shall:

12.1.1 Complete the applicable requirements as provided in 14 DE Admin. Code 1503.

12.1.2 For an educator who is issued an Emergency Certificate, complete the requirements for a Standard Certificate prior to the Emergency Certificate expiring if the educator does not hold a Standard Certificate.

12.1.3 For an educator in an Alternative Routes for Teacher Licensure and Certification program, continue to be enrolled and participating in the program.

12.2 If an educator fails to meet any of the requirements related to retaining an Initial License, the educator shall immediately notify the Department in writing.

12.3 The requirements set forth in subsection 12.1 apply to all educators regardless of the date the Initial License was issued.

13.2 An educator's Initial License shall be revoked if the educator's Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked or the educator made a materially false or misleading statement in the educator's application in accordance with 14 Del.C. §1222.

13.0 Disciplinary Action

13.1 An educator's Initial License may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits or for the educator's failure to comply with the requirements related to the retention of an Initial License as provided in Section 12.0.

13.3 An educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.

The Department shall provide to the Standards Board, upon request, specific data reports regarding licensure, certification, and professional development.

14.0 Reporting