DEPARTMENT OF EDUCATION

Office of the Secretary

Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b))

14 DE Admin. Code 746

FINAL

REGULATORY IMPLEMENTING ORDER

746 Criminal Background Check for Student Teaching

I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED

The Secretary of Education intends to amend 14 DE Admin. Code 746 Criminal Background Check for Student Teaching. This regulation is being amended to update regulation language due to changes in Titles 11, 16 and 31 of the Delaware Code related to Background Checks for Child Serving Entities.

Notice of the proposed regulation was published in the News Journal and the Delaware State News on February 1, 2016, in the form hereto attached as Exhibit "A". No comments were received for this regulation.

II. FINDINGS OF FACTS

The Secretary finds that it is appropriate to amend 14 DE Admin. Code 746 Criminal Background Check for Student Teaching in order to update regulation language due to changes in Titles 11, 16 and 31 of the Delaware Code related to Background Checks for Child Serving Entities.

III. DECISION TO AMEND THE REGULATION

For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 746 Criminal Background Check for Student Teaching. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 746 Criminal Background Check for Student Teaching attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 746 Criminal Background Check for Student Teaching hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.

IV. TEXT AND CITATION

The text of 14 DE Admin. Code 746 Criminal Background Check for Student Teaching amended hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 746 Criminal Background Check for Student Teaching in the Administrative Code of Regulations for the Department of Education.

V. EFFECTIVE DATE OF ORDER

The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on March 17, 2016. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.

IT IS SO ORDERED the 17th day of March 2016.

Steven H. Godowsky, Secretary of Education

746 Criminal Background Check for Student Teaching

1.0 Purpose

This regulation shall apply to candidates for a Student Teaching Assignment Placement in a Delaware public school. A Criminal Background Check shall be completed for Student Teaching Placements at Child Serving Entities. It shall consist of a fingerprinted Delaware and national background check completed by the State Bureau of Identification (SBI) and the Federal Bureau of Investigation (FBI). Additionally, a Child Protection Registry Check shall be completed by the Department of Services for Children, Youth and Their Families (DSCYF). Refer to 14 DE Admin. Code 745 Criminal Background Check for Public School Related Employment for the requirements and procedures related to criminal background checks for pPublic sSchool related employment in a Delaware pPublic sSchool.

12.0 Definitions

For purposes of this regulation, the following definitions apply:

“Administrator of Educator Preparation Program” means the individual identified by the Higher Education Institution as being responsible for overseeing the placement of candidates into a Student Teaching Placement in a Delaware Public School.

“Higher Education Institution” or “Institution(s) of Higher Education” means the Delaware college or university that has a teacher preparation program that places candidates into Student Teaching Positions Placement in a Delaware pPublic sSchool district or charter school.

“Public School” means any public school and includes any board of education, school district, reorganized school district, special school district, charter school or charter school board and any person or entity acting as an agent thereof.

"Student Teacher'' means an individual participating in a Student Teaching Placement.

“Student Teaching Position Placement” means a structured, supervised learning experience for a student in a teacher education program in which the student teacher practices the skills being learned in the teacher education program and gradually assumes increased responsibility for instruction, classroom management, and other related duties for a class of students in a local school district or charter school. These skills are practiced under the direct supervision of the certified teacher who has official responsibility for the class.

“Superintendent” means the chief school officer of any public school district or charter school, or the equivalent of a Superintendent or the Superintendent’s designee.

23.0 Criminal Background Check Requirements and Procedures for Student Teaching Position Candidates

23.1 Effective January 1, 2011 April 7, 2016, any candidate for a Student Teaching Position Placement in a pPublic sSchool district or charter school shall be required to have a criminal background check as prescribed through this regulation.

23.2 The higher education institution where candidates for Student Teaching Positions are enrolled shall require all candidates to complete a Release for Criminal Background Check Information form approved by the Department of Education as a part of the assignment process for a Student Teaching Position in a Delaware public school district or charter school. The State Bureau of Identification (SBI) shall provide the criminal background information and the Department of Services for Children, Youth and Their Families (DSCYF) shall provide the Child Protection Registry check information to the individual and to the Higher Education Institution identified by the individual, through the Administrator of Educator Preparation Program. The Higher Education Institution shall determine whether the individual is prohibited from being placed per the provisions of 31 Del.C. §309(d) and shall send a copy of the complete criminal background check and Child Protection Registry check information to the head of the Public School considering the person as a candidate for a Student Teaching Placement. If the individual is not prohibited from placement per the provisions of 31 Del.C. §309(d), but the individual has a criminal conviction or is or has been on the Child Protection Registry, the Public School shall make a determination regarding suitability for placement using the factors in stated in statute. Information obtained under this subsection is confidential and may only be disclosed to the chief school officer, head of the Public School, the chief personnel officer of the school, and one person in each school who shall be designated to assist in the processing of criminal background checks, receive training in confidentiality and be required to sign an agreement to keep such information confidential.

23.3 The candidate for a Student Teaching Position Placement in a Delaware pPublic sSchool district or charter school shall be subject to the following procedures:

23.3.1 After notification by the hHigher eEducation iInstitution that he/she is a candidate for a Student Teaching Position Placement, the candidate shall present him/herself to State Bureau of Identification SBI personnel at one of the Delaware State Police Troops that processes such criminal background checks or at an on site appointment arranged by the hHigher eEducation iInstitution.

23.3.2 The candidate shall cooperate in all respects with this criminal background check process, or his/her application cannot be accepted. On completion of the procedure, the candidate will be given a Verification Form of Processing by the State Bureau of Identification SBI, which may be shown to the candidate’s placing hHigher eEducation iInstitution as proof that the candidate has completed the procedure. The candidate should retain the Verification Form of Processing for his/her records.

23.3.3 The candidate shall request the State Bureau of Identification that SBI send original versions of the criminal background check to both the candidate and hHigher eEducation iInstitution.

23.3.3.1 Provided further, a candidate attending a private Delaware Higher Education Institution shall provide a copy of his/her state and federal criminal history record, certified by the State Bureau of Identification SBI, to the designated person at the placing private Delaware Higher Education Institution.

23.4 All costs associated with obtaining a criminal background check shall be paid for by the person seeking a sStudent tTeaching position pPlacement.

12 DE Reg. 1306 (04/01/09)

13 DE Reg. 843 (12/01/09)

14 DE Reg. 557 (12/01/10)

34.0 Procedures for Higher Education Institutions and, Public School Districts and Charter Schools for the Determination of Suitability for Candidates in Student Teaching Positions.

34.1 The hHigher eEducation iInstitution where the candidate is enrolled and that was sent an original copy of the completed criminal background check shall make the initial determination for suitability for sStudent tTeaching pPlacement. The criteria for determining the suitability for sStudent tTeaching pPlacement shall be at the discretion of the hHigher eEducation iInstitution and may vary among the various hHigher eEducation iInstitutions in Delaware.

34.1.1 If a determination is made to deny a candidate placement into a sStudent tTeaching position pPlacement based upon the hHigher eEducation iInstitution’s review of the criminal history, the hHigher eEducation iInstitution may provide for an appeal process.

34.2 Upon the initial determination for suitability for the candidate to be placed in a pPublic sSchool, the hHigher eEducation iInstitution liaison responsible for overseeing Student Teaching Position pPlacements shall confirm the receipt of the original complete criminal background check and send a copy of such to the district Public School sSuperintendent or charter school director of the Delaware school district or charter school considering the person as a candidate for a Student Teaching Position Placement.

34.3 Each school district and charter school Public School shall make the final determination of suitability for placement of a candidate in a Student Teaching Position Placement in its school.

34.3.1 Each school district and charter school Public School shall establish the process and criteria for determining suitability for placement of a candidate in a Student Teaching Position Placement in its school(s).

34.3.2 The criteria for determining the suitability and subsequent placement of a candidate in a sStudent tTeaching position Placement may vary among the districts and charter Public sSchools. In addition, a school district or charter Public sSchool may have criteria for sStudent tTeaching pPlacement that differs from the criteria for pPublic sSchool employment.

34.3.3 The school district or charter school Public School shall provide the candidate’s hHigher eEducation iInstitution the decision to place or deny a candidate in a Student Teaching Position pPlacement in writing.

34.4 Candidates for student teaching may have criminal background checks from other states accepted, if all of the following conditions are met;

34.4.1 The criminal background check shall have been conducted within the previous twelve (12) months and include a federal criminal background check;

34.4.2 The criminal background check shall be sent directly from the criminal background check agency in the other state to the hHigher eEducation iInstitution;

34.4.3 The out of state candidate shall sign a release to allow the hHigher eEducation iInstitution receiving the out of state criminal background check and the reference to confirm their receipt, disclose their contents and forward them, subject to the same disclosure regulations that apply to Delaware criminal background checks.

45.0 Procedures for Maintaining Criminal Background Check Information

45.1 All information and records pertaining to criminal background checks and this regulation shall be maintained in a confidential manner including, but not limited to, the following:

45.1.1 Access to criminal background check records, letters of reference accompanying out of state criminal background checks, and determination of suitability shall be limited to the hHigher eEducation iInstitution officer responsible for student teacher assignments and one person designated to assist in the processing of criminal background checks; and the district Public School sSuperintendent or charter school director and the district or charter school chief personnel officer responsible for the determination of suitability in the placing district or charter school Public School. These persons shall be required to sign an agreement to keep such information confidential and employ proper precautions to insure that interoffice communications remain confidential;

45.1.2 All such records shall be kept in locked, fireproof cabinets;

45.1.3 No information from such records shall be released without the signed approval of and the appropriate signed release of the candidate or person placed in a Student Teaching Position Placement.

45.2 The hHigher eEducation iInstitution may dispose of the criminal background check in a secure manner no earlier than six (6) months after the student graduates from the hHigher eEducation iInstitution.

56.0 Penalties

The hHigher eEducation iInstitution officer responsible for student teacher assignments shall report to the appropriate police authorities evidence of any person who knowingly provides false, incomplete or inaccurate criminal history information or who otherwise knowingly violates this regulation.

67.0 Subsequent Criminal History Information

67.1 Subsequent criminal history on a person in a Student Teaching Position Placement may be sent by the State Bureau of Identification SBI to the hHigher eEducation iInstitution.

67.2 The hHigher eEducation iInstitution where the candidate is enrolled shall be required to send any subsequent criminal history information received to the school district or charter school Public School where the candidate is engaged in student teaching activities.

67.3 The district or charter school Public School where the person is in a Student Teaching Position Placement may consider any subsequent criminal history received for the person's continued suitability for the Student Teaching Position Placement.

12 DE Reg. 329 (09/01/08)

12 DE Reg. 1306 (04/01/09)

19 DE Reg. 918 (04/01/16) (Final)