This regulation shall apply to the denial of an Initial License, Continuing License or Advanced License for educators pursuant to 14 Del.C. §1210, 1211, 1212, 1213, 1214, and 1217.
"Advanced License" means a license issued as part of the three tiered licensure system set forth in 14 Del.C. §1213 and §1214.
"Continuing License" means a license issued as part of the three tiered licensure system set forth in 14 Del.C. §1211 and §1212.
"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 promulgated by the Standards Board and approved by the State Board. For purposes of 14 Del.C. Ch. 12, the term 'educator' does not include substitute teachers.
"Good Moral Character" means conduct which is consistent with the rules and principles of morality expected of an educator.
"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.
"Initial License" means a license issued as part of the three tiered licensure system set forth in 14 Del.C. §1210.
"Secretary" means the Secretary of the Delaware Department of Education.
“Standard Certificate” means a credential issued to verify 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. §1205.
"State" means the State of Delaware.
"Unfit" means lack of good moral character, misconduct in office, incompetence, a pattern of ineffective teaching, wilful neglect of duty, disloyalty or falsification of credentials, or any conduct that would be grounds for revocation of an educator's license.
The Department may refuse to issue an Initial License, Continuing License, Advanced License or a Standard or Emergency Certificate and deny an applicant's request for a license for failure to meet the statutory or regulatory qualifications for a license.
4.1 The Department may refuse to issue an Initial License, Continuing License, Advanced License or a Standard or Emergency Certificate and deny a license to an applicant who otherwise meets the requirements for a license because the applicant is unfit.
4.2 The Department may refuse to issue an Initial License, Continuing License, Advanced License or a Standard or Emergency Certificate and deny a license to an applicant who otherwise meets the requirements for a license because the applicant has engaged in any misconduct or conduct that would be a basis for revocation under 14 DE Admin. Code 1514 Revocation, Limitation or Suspension of Licenses.
5.1 The Department shall not take action to deny a license under this section without providing the applicant with written notice of the reasons for denial and with an opportunity for a full and fair hearing before the Standards Board.
5.2 The notice of denial shall be sent by certified mail, return receipt requested to the applicant’s last known mailing address and shall give notice that a full and fair hearing may be requested before the Standards Board.
5.3.1 The applicant's request for a hearing before the Standards Board shall be received by the Standards Board's Executive Director within twenty (20) calendar days of the date the denial notice was mailed.
5.4 In any hearing before the Standards Board to challenge action taken under this regulation, the Standards Board shall have the power to administer oaths, order the taking of depositions, issue subpoenas and compel attendance of witnesses and the production of books, accounts, papers, records, documents and testimony.
5.5 Unless otherwise provided for in this Section, the burden of proof in a license denial action shall be on applicant to show by a preponderance of the evidence that he or she should not be denied a license because he or she meets the qualification for licensure pursuant to the applicable laws and regulations.
5.5.1 Provided however, if the denial of the license is on the basis that the applicant is unfit or otherwise committed conduct or misconduct that would be the basis for revocation of a license, the Department shall specify the particular conduct and circumstances giving rise to the denial.
5.5.2 Whenever the basis for an action described within this regulation is a guilty plea, a plea of nolo contendere with respect to, or a conviction of a crime, a copy of the record of the plea, nolo contendere or conviction certified by the Clerk of the Court entering the plea, nolo contendere or conviction shall be conclusive evidence thereof.
Notwithstanding any other provisions stated herein or in 14 DE Admin. Code 1510, 1511, and 1512, no license or certificate shall be issued to an applicant for an Initial, Continuing or Advanced License or Standard or Emergency Certificate if: