1.0 Content
This regulation shall apply to the issuance, renewal, and retention of an Advanced License for Educators, pursuant to 14 Del.C. §1213 and §1214.
26 DE Reg. 859 (04/01/23)
2.0 Definitions
The following words and terms, when used in this regulation, shall have the following meaning:
"Department" means the Delaware Department of Education.
"Comprehensive Educator Induction Program" means an educator induction program approved by the Department to provide mentoring and professional development for Educators.
"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 promulgated by the Standards Board and approved by the State Board of Education. 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 his or her unfitness or otherwise.
"Standard Certificate" means a credential issued to certify that an educator has the prescribed education, knowledge, or skill 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.
13 DE Reg. 647 (11/01/09)
20 DE Reg. 897 (05/01/17)
26 DE Reg. 859 (04/01/23)
3.0 Issuance of an Advanced License
3.1 In accordance with 14 Del.C. §1213, the Department shall issue an Advanced License to an applicant who meets the requirements for issuance of an Advanced License as set forth in Section 4.0 of this regulation.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for an Advanced 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.
13 DE Reg. 647 (11/01/09)
19 DE Reg. 495 (12/01/15)
20 DE Reg. 897 (05/01/17)
26 DE Reg. 859 (04/01/23)
4.0 Requirements for an Advanced License
4.1 Pursuant to 14 Del.C. §1213, the Department may issue an Advanced License to an applicant who meets the requirements of subsections 4.1.1 and 4.1.2.
4.1.1 The applicant achieves and currently maintains National Board Certification from the National Board for Professional Teaching Standards.
4.1.2 The applicant holds a Standard Certificate issued by the Department.
26 DE Reg. 859 (04/01/23)
5.0 Application Requirements for Issuance of an Advanced License
5.1 An applicant must disclose the applicant's criminal conviction history upon application for the issuance of an Advanced License. Failure to disclose a criminal conviction history is grounds for denial of an Advanced License as specified in 14 Del.C. §1219.
5.2 The Department will not process an application for an Advanced License until the applicant has submitted all of the required documentation.
5.3 The following documentation is required for applicants who are applying for the Advanced License:
5.3.1 Proof the applicant holds a certificate from the National Board for Professional Teaching Standards; and
5.3.2 Proof the applicant holds a Standard Certificate issued by the Department; and
5.3.3 Additional documentation as required by the Department.
26 DE Reg. 859 (04/01/23)
6.0 Renewal of the Advanced License
6.1 In order to continue practicing as an educator in a Delaware public school, an Educator who holds an Advanced License shall renew the Educator's Advanced License prior to the expiration date. Pursuant to 14 Del.C. §1214, the Department may renew an Educator's Advanced License for up to 10 additional years if the Educator maintained proficiency through the National Board for Professional Teaching Standards. The term of renewal shall be the same as the balance of the term of the Educator's National Board for Professional Teaching Standards certificate.
6.2 Application for Renewal
6.2.1 An applicant must disclose the applicant's criminal conviction history upon application for renewal of an Advanced License. Failure to disclose a criminal conviction history is grounds for denial of an Advanced License as specified in 14 Del.C. §1219.
6.2.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application to renew an Advanced 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.
6.2.3 The Department will not process an application to renew an Advanced License until the applicant has submitted all of the required documentation. The following documentation is required to be submitted to the Department with the application for renewal of an Advanced License:
6.2.3.1 A completed renewal application; and
6.2.3.2 Proof of renewal of National Board for Professional Teaching Standards certificate or the applicable equivalent certificate; and
6.2.3.3 Additional documentation as required by the Department.
6.3 An applicant who elects not to renew the applicant's National Board for Professional Teaching Standards certificate or who fails to meet the recertification requirements set forth by the National Board for Professional Teaching Standards shall notify the Department and apply for a Continuing License if the applicant wants to continue practicing as an Educator in a Delaware public school.
26 DE Reg. 859 (04/01/23)
7.0 Validity of an Advanced License
7.1 For an applicant who applied for and met the requirements of the Advanced License under Section 4.0, the Advanced License is issued for a period of up to 10 years. The term of the applicant's Advanced License shall be the same as the balance of the term of the applicant's National Board for Professional Teaching Standards certificate.
7.2 For an applicant who applied for and met the requirements for renewal of the applicant's Advanced License under Section 6.0, the Advanced License may be renewed for up to 10 years. The term of the applicant's Advanced License shall be the same as the balance of the term of the applicant's National Board for Professional Teaching Standards certificate.
26 DE Reg. 859 (04/01/23)
8.0 Extension for Exigent Circumstances
8.1 The Department may extend an Advanced 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.
8.2 A license holder whose Advanced License expires during the school year may have the Advanced 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 school year in length. Notwithstanding an extension, the effective date of any renewed license shall be the original expiration date.
26 DE Reg. 859 (04/01/23)
9.0 Leave of Absence
9.1 An Educator who holds an Advanced License may take a leave of absence for up to 3 years with no effect upon the validity or expiration of the Educator's Advanced License if approved by the Department.
9.2 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.
9.3 If the Department approves the Educator's request, the Educator's Advanced License will be frozen for an amount of time that is commensurate with the length of the leave of absence up to 3 years.
26 DE Reg. 859 (04/01/23)
10.0 Requirements Related to Retention of the Advanced License
10.1 In order to retain an Advanced License, the Educator shall:
10.1.1 Hold at least one Standard Certificate and meet any requirements related to retention of the Standard Certificate.
10.1.2 Maintain the Educator's National Board for Professional Teaching Standards certificate.
10.1.3 For an Educator who is new to the state or new to an area, complete the applicable Comprehensive Educator Induction Program as provided in 14 DE Admin. Code 1503.
10.2 If an Educator fails to meet any of the requirements related to retaining an Advanced License, the Educator shall immediately notify the Department in writing.
10.3 The requirements set forth in subsection 10.1 apply to all Educators regardless of the date the Advanced License was issued.
26 DE Reg. 859 (04/01/23)
11.0 Disciplinary Action
11.1 An Educator's Advanced 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 Advanced License as provided in Section 10.0.
11.2 An Educator's Advanced License shall be revoked if the Educator's Standard 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.
11.3 An Educator whose license 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.
26 DE Reg. 859 (04/01/23)
12.0 Contact Information and Change of Name or Address
12.1 All applicants and Educators are required to update their contact information in DEEDS if their contact information changes.
12.2 An Educator who legally changes the Educator's name and wishes to change the name on the Advanced License shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
12.3 An applicant or Educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
6 DE Reg. 77 (07/01/02)
7 DE Reg. 956 (01/01/04)
13 DE Reg. 647 (11/01/09)
19 DE Reg. 495 (12/01/15)
20 DE Reg. 897 (05/01/17)
26 DE Reg. 859 (04/01/23)
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