DEPARTMENT OF EDUCATION

Professional Standards Board

Statutory Authority: 14 Delaware Code, Sections 1203 and 1205(b) (14 Del.C. §§1203 & 1205(b))

14 DE Admin. Code 1511

PROPOSED

PUBLIC NOTICE

Educational Impact Analysis Pursuant to 14 Del.C. Section 122(d)

1511 Issuance and Renewal of Continuing License

A. TYPE OF REGULATORY ACTION REQUESTED

Amendment to Existing Regulation

B. SYNOPSIS OF SUBJECT MATTER OF REGULATION

The Professional Standards Board ("Board"), acting in consultation and cooperation with the Delaware Department of Education ("Department"), developed amendments to 14 DE Admin. Code 1511 Issuance and Renewal of Continuing License. This regulation concerns the requirements for issuance and renewal of a continuing license for educators pursuant to 14 Del.C. Ch. 12. Proposed changes to make the regulation consistent with amendments to 14 Del.C. Ch. 12 were initially published on September 1, 2017. Thereafter, the Board made additional substantive changes to the definitions in Section 2.0 and the professional development options. The proposed changes in this regulation include the changes that were initially published on September 1, 2017 and additional changes to Sections 2.0 and 13.0.

Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before May 2, 2018 to Mr. Chris Kenton, Executive Director, Delaware Professional Standards Board, The Townsend Building, 401 Federal Street, Suite 2, Dover, Delaware 19901. A copy of this regulation may be viewed online at the Registrar of Regulation's website, http://regulations.delaware.gov/services/current_issue.shtml or obtained at the Professional Standards Board's Office, located at the address above.

C. IMPACT CRITERIA

1. Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation will help to improve student achievement as measured against state achievement standards.

2. Will the amended regulation help ensure that all students receive an equitable education? The amended regulation will help ensure that all students receive an equitable education.

3. Will the amended regulation help to ensure all student's health and safety are adequately protected? The amended regulation addresses a continuing license for educators, not students' health and safety.

4. Will the amended regulation help to ensure that all students' legal rights are respected? The amended regulation addresses a continuing license for educators, not students' legal rights.

5. Will the amended regulation preserve the necessary authority and flexibility of decision-makers at the local board and school level? The amended regulation does not change authority and flexibility of decision makers at the local board and school level.

6. Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation does not place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels.

7. Will decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The Department implements the rules and regulations promulgated and adopted pursuant to 14 Del.C. Ch. 12 relating to licensure and certification of educators.

8. Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts, and social studies? The amended regulation is consistent with, and not an impediment to, the implementation of other state educational policies, and in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts, and social studies.

9. Is there a less burdensome method for addressing the purpose of the amended regulation? There is not a less burdensome method for addressing the purpose of this amended regulation.

10. What is the cost to the state and to the local school boards of compliance with the adopted regulation? There is no expected cost to the state and to the local school boards of complying with this amended regulation.

1511 Issuance and Renewal of Continuing License

1.0 Content

This regulation shall apply to the issuance and renewal of a Continuing License for educators, pursuant to 14 Del.C. §§1211 and §1213.

6 DE Reg. 518 (10/01/02)

2.0 Definitions

The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:

"Action Research" means a process by which educational issues and problems are identified and researched at either the school or the classroom level. By integrating current research into these settings and engaging the relevant educators in research activities, the findings can be applied immediately to solve the targeted problems more quickly.

"Activity Documentation Form" means the official form approved by the Standards Board Department that includes specific details about the activity to be used for License renewal and the signature of an instructional leader within the Professional Learning Community, or a school, district or charter school instructional leader the applicant is responsible to.

"Approved Mentoring Program" means a mentoring program approved by either the Department or the Standards Board.

"A Product Shall Be Made Available For for Verification" means that the culminating, tangible result of the professional development Professional Development activity is accessible by the individual signing the certificate of participation or the Activity Documentation Form. Examples of a product include, but are not limited to, a publication, a Professional Learning Community protocol, standards-based assessments or curriculum, copies of a presentation or other substantial work as a result of Action Research.

"Clock Hour" means actual time spent in professional development Professional Development, not credit hours.

"Clusters" means focused groups of approved professional development activities that lead to measurable and observable knowledge and skills. Clusters shall be approved by the Standards Board and the State Board.

“College Credit" means graduate or undergraduate level course work and continuing education units (CEUs) completed at, or through, a regionally accredited college or university or other approved provider.

"Cooperating Teacher or Intern Supervisor" means an individual working with student teachers or graduate or undergraduate interns as part of a state approved educator preparation program.

"Curriculum or Assessment Development" means work with a local, state, national, or international education agency, Professional Learning Community, or organization designing curriculum or assessments for improved educational practice in an area related to an individual's professional responsibilities.

"Delaware Administrator Standards" means standards for education administrators approved by the Professional Standards Board and the State Board of Education, as per 14 DE Admin. Code §1590, Delaware Administrator Standards.

"Delaware Professional Teaching Standards" means standards of teaching approved by the Professional Standards Board and the State Board of Education, as per 14 DE Admin. Code §1597, Delaware Professional Teaching Standards.

"Department" means the Delaware Department of Education.

"DPAS II" means Delaware Performance Appraisal System II, an approved state State educator performance evaluation system pursuant to 14 Del.C. Chapter 12, Subchapter VII.

"Educational Project" means an individual professional growth project of 15 or more clock hours Clock Hours, including a research project not related to a course for which credit is claimed, completed to enhance the individual's professional practice, with the development of a final product or report.

"Educational Travel" means a travel experience directly related to the individual's professional responsibilities, including a final product to be used to enhance the individual's work.

"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 developed by the Standards Board, in consultation and cooperation with the Department, and approved by the State Board of Education. The term ‘educator’ does not include substitute teachers.

"Employing Authority" means any entity which employs educators, and includes, but is not limited to, school districts, charter schools, boards of directors, or and management companies.

"Exigent Circumstances" means unanticipated circumstances or circumstances beyond the educator's control, including, but not limited to, expiration of an Initial or Continuing a license during the school year, serious illness of the educator or a member of his/her his or her immediate family, activation to active military duty, and other serious emergencies which necessitate the educator's temporarily leaving active service.

"Experienced Educator" is an educator who holds a Continuing or Advanced License, or an educator who held a Professional Status Certificate issued prior to August 1, 2003. An educator from another jurisdiction who has completed three (3) four (4) or more years of successful teaching may be considered an experienced educator Experienced Educator.

"Formal Study Group" means documented participation in a study group, related to an individual's professional responsibilities, such as reviewing, discussing, and implementing strategies from a book or creating a group product as part of an action research project, as a form of professional development.

“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 Ch. 12.

"Knowledge and Skills" means understandings and abilities that, when acquired by educators, lead to more effective instruction.

"Leave of Absence" means an authorized, temporary break in service of an educator for a maximum of three (3) years during the term of an Initial or Continuing License caused by the educator not actively working due to some type of leave, including, but not limited to medical leave, military leave, personal leave, sabbatical leave or Family and Medical Leave Act (FMLA) leave.

"Mentoring" means activities, training and service in mentoring support or assistance provided through a formally organized Department approved mentoring comprehensive induction program or such supplemental mentoring programs as required by regulation or the educator's employing authority Employing Authority. Mentoring includes, but is not limited to, the mentoring programs activities that occur in the approved comprehensive induction programs required for educators during a three (3) their four (4) year Initial Licensure period, a Continuing Licensure period, or any other mentoring program as required by law.

"NBPTS or Similar National Certification" means a certificate from the National Board for Professional Teaching Standards, or similar body as approved by the Standards Board provided in 14 Del.C. §1305(l), verifying completion of all requirements in an individual's job related area of the profession or, in the case of an individual seeking, but not earning, the national certificate, verification of the clock hours Clock Hours devoted to completing the requirements for the national certificate.

"Out of the Profession" means the period of time that an educator has not been actively working in the field of education.

"Peer Coaching" means training and service as a peer coach or peer assistant in a formally organized and approved state or school district peer coaching or peer assistance program.

"Planned Professional Development Program" means a structured program within a building, district or charter school that has been specifically identified through a Success Plan success plan. Such programs shall be designed to enhance knowledge and skills Knowledge and Skills that promote continuous professional growth and improve student performance.

"Presentation" means preparation and presentation as a workshop or conference presenter or course instructor on a topic related to the individual's professional responsibilities.

"Professional Committee, Conference, Workshop, Institute, or Academy" means a program offered either within, or outside, the state that contributes to the participant's professional knowledge or skills in effectively conducting his/her work in education.

"Professional Development" means a combination of focused, in-depth learning, practice, feedback, reflection, and expert support experiences designed to change participants' attitudes, insights, and/or perspectives; and ultimately results in improved professional practice. Effective professional development programs include ample opportunities for knowledge acquisition, skill mastery, descriptive feedback, and refinement of practice in the work setting as per 14 DE Admin. Code 1598 Delaware Professional Development Standards.

"Professional Development Activities" means activities designed to enhance knowledge and skills Knowledge and Skills to promote continuous professional growth and to improve educator performance.

"Professional Development Cluster" or "Cluster" means a focused group of professional development activities that leads to measurable and observable knowledge and skills.

"Professional Learning Community (PLC)" consists of a minimum of four (4) educators with the following attributes: supportive and shared leadership, collective creativity, shared values and vision, supportive conditions, shared personal practice, and whose focus over an extended period of time is on improving student learning with an accountability measure built into their process. An extended period of time would be considered a minimum of ten (10) consecutive weeks and a minimum accumulation of fifteen (15) clock hours Clock Hours.

"Professional Programs or Committees" means job related service, designed to enhance the profession.

"Program" means an activity with a cohesive educational plan of action with goals and objectives.

"Publication" means the preparation of a formally published book, article, report, study, or grant that contributes to the education profession or adds to the body of knowledge in an individual's specific field, but does not include such items prepared as part of a course for which an individual is also claiming credit.

"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1041201.

"State" means State of Delaware.

"State Board" means the State Board of Education of the State of Delaware established in response to 14 Del.C. §104.

“Teacher Leader” means a teacher who teaches students and collaboratively leads colleagues to improve their practice. A Teacher Leader works with other teachers and with school, district, and State leaders to advance goals connected to improving student outcomes; has clearly defined roles, responsibilities, and key competencies for success; and has demonstrated effectiveness with students and mastery of key teacher leadership competencies.

"Teaching Experience" means meeting students on a regularly scheduled basis, planning and delivering instruction, developing or preparing instructional materials, and evaluating student performance under a State credential in any PreK to 12 public school setting or as approved by the Department.

6 DE Reg. 518 (10/01/02)

7 DE Reg. 197 (08/01/03)

10 DE Reg. 97 (07/01/06)

13 DE Reg. 1084 (02/01/10)

14 DE Reg. 295 (10/01/10)

3.0 Issuance of the Original Continuing License

3.1 In accordance with 14 Del.C. §1211, the Department shall issue, upon application, a Continuing License to a qualified educator who has successfully completed the requirements under the of initial licensure as set forth in 14 Del.C. §1210 and §1211 and has not received more than one (1) unsatisfactory annual evaluation, as defined by DPAS II or a state-approved alternative educator evaluation system, during the period of initial licensure.

3.2 An applicant for a Continuing License shall submit a complete application on the Department approved application form to the Department. Verification by the school district, or charter school, or other employing authority of satisfactory DPAS II annual summative evaluations or the equivalent thereof on a state-approved alternative educator evaluation system for the period of initial licensure shall be submitted with an initial application for a Continuing License.

3.3 An applicant with more than one (1) unsatisfactory DPAS II annual summative evaluation or the equivalent thereof on a state-approved alternative educator evaluation system during the period of initial licensure is ineligible to be issued a Continuing License.

3.4 Incomplete applications shall not be processed. The applicant shall provide evidence that all requirements have been successfuly successfully met.

3.4.1 The Department shall send notice of the incomplete application. The applicant shall be responsible for maintaining current contact information with the Department.

3.4.2 Notification of an incomplete application shall also be sent to the applicant's employing authority Employing Authority.

3.5 Applicants from Another Jurisdiction

3.5.1 The Department shall may issue a Continuing License to a qualified applicant currently licensed as an educator in another jurisdiction who provides evidence of having completed three (3) four (4) or more years of successful teaching experience Teaching Experience with the following conditions:

3.5.1.1 The educator may demonstrate three (3) four (4) years of successful teaching experience Teaching Experience by submitting documentation to the Department or employing authority Employing Authority of a minimum of three (3) four (4) years of teaching experience Teaching Experience and of having received at least two (2) satisfactory evaluations from the other jurisdiction that the Department or employing authority Employing Authority finds are the equivalent of the two (2) satisfactory summative evaluations required of a Delaware educator.

3.5.1.2 If the educator has been out of the profession Out of the Profession for more than three (3) four (4) years, the educator must meet the following as a condition of maintaining the original Continuing License:

3.5.1.2.1 The educator shall, within the first year of employment, successfully complete an approved mentoring program Approved Mentoring Program which focuses on current best practices in curriculum, instruction and assessment and aligned to state and national standards.

3.5.1.2.1.1 Failure to successfully complete the approved mentoring program Approved Mentoring Program shall result in the suspension of the License. If the Continuing License expires during the term of the suspension, the educator must apply for an Initial License and meet the requirements in effect at the time of the application.

3.5.1.2.1.2 Upon request by the applicant and employing authority Employing Authority, the Department may extend the time to complete the approved mentoring program Approved Mentoring Program for a period of up to one (1) year upon a showing of exigent circumstances Exigent Circumstances.

3.5.1.3 The educator shall be entitled to notice and the right to a hearing as provided within Section 12.0.

3.5.2 Experienced educators from other jurisdictions with an expired license from another jurisdiction The Department may not issue a Continuing License to an applicant whose license as an educator from another jurisdiction has expired.

3.5.2.1 Experienced educators coming Educators from another jurisdiction with an expired license shall apply for an Initial License and meet the requirements for an Initial License in effect at the time of the application.

3.6 A Continuing License is valid for five (5) years unless extended pursuant to 14 Del.C. §1216 or revoked or suspended for cause, as defined in 14 Del.C. §1218, or suspended for failure to meet the other conditions of maintaining a License.

3.7 The Department shall not act on an application for licensure if the applicant is under official investigation by any state or local authority with the power to issue educator licenses or certifications, where the alleged conduct involves allegations of immorality Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials, until the applicant provides evidence of the investigation’s resolution.

3.7.1 The Department shall send notice of the inability to process the application.

3.7.2 The applicant shall be responsible for maintaining current contact information with the Department.

6 DE Reg. 518 (10/01/02)

7 DE Reg. 197 (08/01/03)

7 DE Reg. 1350 (04/01/04)

10 DE Reg. 97 (07/01/06)

13 DE Reg. 1084 (02/01/10)

14 DE Reg. 295 (10/01/10)

4.0 Educators with Expired Delaware Licenses applying for their Original Continuing License

4.1 Delaware Certificates issued prior to July 2, 2001

4.1.1 In accordance with 14 Del.C. §1215, the Department may shall issue an original Continuing License to a qualified educator who holds a Delaware certificate issued by an education certifying board prior to July 13, 1971 or who previously held a valid Delaware Standard or Professional Status certificate that has expired.

4.1.1.1 As a condition of maintaining the original Continuing License, the educator shall successfully complete a one (1) year of an approved mentoring program Approved Mentoring Program required of educators on an Initial License within their first year of employment.

4.1.1.1.1 Upon request by the applicant and employing authority Employing Authority, the Department may extend the time to complete the approved mentoring program Approved Mentoring Program for a period of up to one (1) year upon a showing of exigent circumstances Exigent Circumstances.

4.1.1.1.2 Failure to successfully complete the approved mentoring program Approved Mentoring Program program shall result in the suspension of the License. If the Continuing License expires during the term of the suspension, the educator must apply for an Initial License and meet the requirements in effect at the time of the application.

4.1.1.2 The educator shall be entitled to notice and the right to a hearing as provided in Section 1211.0.

4.2 Application Procedures and Requirements

4.2 1 The educator shall make application to the Department on a Department approved form and provide evidence of previous Delaware certification.

4.2.2 The educator shall provide evidence that all other requirements have been successfully met.

4.2.3 Incomplete applications shall not be processed.

4.2.3.1 The Department shall send notice of the incomplete application. The applicant shall be responsible for maintaining current contact information with the Department.

4.2.3.2 Notification of an incomplete application shall also be sent to the applicant's employing authority Employing Authority.

4.3 A Continuing License is valid for five (5) years unless extended pursuant to 14 Del.C. §1216 or revoked or suspended for cause, as defined in 14 Del.C. §1218, or suspended for failure to meet the other conditions of maintaining a License.

6 DE Reg. 518 (10/01/02)

7 DE Reg. 197 (08/01/03)

10 DE Reg. 97 (07/01/06)

13 DE Reg. 1084 (02/01/10)

14 DE Reg. 295 (10/01/10)

5.0 Renewal of a Continuing License

5.1 In accordance with 14 Del.C. §1212, the Department shall renew a Continuing License, valid for an additional five (5) years, to a qualified educator who has fulfilled the ninety (90) clock hour Clock Hour requirement for professional development Professional Development and other requirements of this regulation. At least one half of the required hours [forty-five (45) hours every five (5) years] for educators shall be in activities that relate to the educator's work with students or staff. Satisfactory evidence of such completion, as set forth in Section 15 or Section 16 13.0, shall be submitted to the Department with the application for renewal. The ninety (90) clock hours Clock Hours of professional development Professional Development shall have taken place during the term of the Continuing License.

5.2 Renewal of Expired Delaware Continuing License

5.2.1 The Department may issue a Continuing License to a qualified educator who previously held a Delaware Continuing License that expired not more than five years before the renewal application, with the following conditions:

5.2.1.1 Prior to renewal of the License, the educator shall provide to the Department evidence of successfully completing ninety (90) clock hours Clock Hours of professional development Professional Development during the five (5) years preceding application, pursuant to Section 7.0.

5.2.1.2 If the educator has been out of the profession Out of the Profession for less than three (3) years since the expiration of the Continuing License, the educator shall, within the first year of employment, successfully complete an approved mentoring program Approved Mentoring Program which focuses on current best practices in curriculum, instruction and assessment and aligned to state and national standards

5.2.1.2.1 Failure to successfully complete the approved mentoring program Approved Mentoring Program shall result in the suspension of the License.

5.2.1.3 If the educator has been out of the profession Out of the Profession for more than three (3) years since the expiration of the Continuing License, the educator shall, within the first year of employment, successfully complete a year of an approved mentoring program Approved Mentoring Program required of educators on an Initial License.

5.2.1.3.1 Failure to successfully complete the approved mentoring program Approved Mentoring Program shall result in the suspension of the License.

5.2.1.4 A Continuing License is valid for five (5) years unless extended pursuant to 14 Del.C. §1216 or revoked or suspended for cause, as defined in 14 Del.C. §1218 or suspended for failure to meet the other conditions of maintaining a License.

5.2.2 The Department may not reissue a Continuing License to an educator who previously held a valid Continuing License which expired more than five (5) years prior to application for renewal.

5.2.2.1 The educator shall apply for an Initial License and meet the requirements in effect at the time of the application.

5.3 Professional Development Options for Relicensure are listed in Section 15 and Section 16 13.0.

5.4 Documentation of Clock Hours for Relicensure

5.4.1 For renewal of the Continuing License, educators may complete and document clock hours Clock Hours for the variety of activities described under relicensure options. When college or university courses are used to fulfill the requirements, the following equivalencies shall be used: one (1) semester hour equals fifteen (15) clock hours Clock Hours, one (1) quarter hour equals ten (10) clock hours Clock Hours, one (1) Continuing Education Unit (CEU) equals ten (10) clock hours Clock Hours. To be documented for clock hours Clock Hours, activities shall meet the criteria set forth in the regulations and shall be appropriately verified and applied for. Professional development Development activities that are part of a DPAS II assistance or improvement plan or the equivalent thereof on a state-approved alternative educator evaluation system may be used to satisfy this requirement. Individuals, schools or school districts, or other agencies organizing or conducting professional development Professional Development activities which may be used for fulfilling the requirements for renewal of a license are responsible for providing documentation of participation to all participants. Each educator is responsible for obtaining any necessary approvals, as set forth in Section 14 and in Section 15 13.0, from his or her employer before participating in a professional development Professional Development activity. An employer may not impose additional activity requirements on the award of clock hours Clock Hours towards renewal of a Continuing License.

5.4.2 Criteria for determining if activities are acceptable for clock hour Clock Hour credit for an educator include the following:

5.4.2.1 The activity enhances the knowledge and skills Knowledge and Skills in the educator's job or contributes to his/her school or profession.

5.4.2.2 The activity meets one of the relicensure options.

5.4.2.3 The activity addresses one of the standards for the educator's area of the profession.

5.4.2.4 The activity is completed during the term of the educator's current Continuing License.

5.4.2.5 The activity addresses specific Professional Educator Standards.

5.4.2.6 Participation in, or completion of, the activity can be documented.

5.5 The Relicensure Application, Activity Documentation Form, and, where required, original or official documents shall be used to verify activities for renewal of a Continuing License. Official transcripts or original grade slips are required documentation for successful completion of college courses.

5.6 For applicants who change positions (grade levels, content areas, areas of supervisory responsibility, etc.) during the five (5) year term of a Continuing License, clock hours Clock Hours documented shall have been appropriate to the educator's position at the time the clock hours Clock Hours were completed.

5.7 The Department shall have the responsibility to verify clock hours Clock Hours for applicants that are not currently employed by a Delaware employing authority Employing Authority or those employed in another jurisdiction and wish to renew their Continuing License. The Department may require that the applicant submit verifying documentation.

6 DE Reg. 518 (10/01/02)

7 DE Reg. 197 (08/01/03)

7 DE Reg. 1350 (04/01/04)

10 DE Reg. 97 (07/01/06)

13 DE Reg. 1084 (02/01/10)

14 DE Reg. 295 (10/01/10)

6.0 Required Professional Development

To obtain renewal of a Continuing License, educators are required to participate in professional development Professional Development activities totaling a minimum of ninety (90) clock hour Clock Hours every five (5) years and any other professional development Professional Development or mentoring Mentoring requirements required. The ninety (90) clock hours Clock Hours shall be completed during the five (5) year term of the license. All activities shall relate to the 14 Del.C. DE Admin. Code §1597, Delaware Professional Teaching Standards, or 14 Del.C. DE Admin. Code §1590, Delaware Administrator Standards, or appropriate specialty organization standards.

6 DE Reg. 518 (10/01/02)

7 DE Reg. 197 (08/01/03)

10 DE Reg. 97 (07/01/06)

13 DE Reg. 1084 (02/01/10)

7.0 Professional Development Options for Renewal of a Continuing License

Candidates for renewal of a Continuing License may select from a variety of professional development Professional Development options, as set forth in the relicensure options approved by the Professional Standards Board, set forth in Section 14 and in Section 15 and contained in the Guidelines for Renewal of a Continuing License 13.0. The activities selected must be beyond the normal or specified requirements of the position. Professional development activities which fulfill the criteria for relicensure for which educators receive compensation may be submitted in fulfillment of the ninety (90) clock hour Clock Hour requirement for relicensure. Graduate credits used to satisfy the ninety (90) clock hour requirement for license renewal may, if part of a matriculated program, also be used for a salary increment on the state salary schedule, if they meet the requirements set forth in 14 DE Admin. Code 1502. The activities or options used to satisfy the ninety (90) clock hour requirement for license renewal may be part of an approved professional development cluster eligible for a salary supplement.

6 DE Reg. 518 (10/01/02)

7 DE Reg. 197 (08/01/03)

10 DE Reg. 97 (07/01/06)

13 DE Reg. 1084 (02/01/10)

8.0 Extension of Continuing License for Exigent Circumstances

8.1 The Department may extend a Continuing License for a period not to exceed one (1) year, upon the educator license holder’s showing exigent circumstances of Exigent Circumstances warranting the necessity of such extension.

8.1.1 The expiration of an educator's License before the end of the school year shall be considered an exigent circumstance; however the educator's License may only be extended to the end of that current school year. A license holder whose Continuing License expires during the school year may have the Continuing License extended until the last day of the fiscal year upon a request from the district superintendent or charter school administrator. This extension shall be considered an Exigent Circumstance and shall not exceed one (1) year in length.

8.1.2 An educator shall establish exigent circumstances Exigent Circumstances to the satisfaction of the Department by showing circumstances in a written request to the Department with any necessary documentation.

8.1.3 Notwithstanding any extension, the effective date of any renewed License shall be the original expiration date.

6 DE Reg. 518 (10/01/02)

10 DE Reg. 97 (07/01/06)

13 DE Reg. 1084 (02/01/10)

9.0 Leave of Absence

9.1 An At the discretion of the hiring district or charter school, an educator may take an authorized leave of absence a Leave of Absence of up to three years with no effect upon the validity or expiration of the Continuing License. The date of expiration of the Continuing License will be extended commensurate with the length of the Leave of Absence.

9.1.1 Upon application by the educator to the Department on a Department approved form, the educator's Continuing License may be extended for up to three (3) years for the time period of an authorized leave of absence.

9.1.2 The Department may require that the educator use a Department approved form.

9.1.39.2 The Department may require that the educator provide documentation sufficient to establish the authorized leave of absence Leave of Absence.

9.1.49.3 An educator's Continuing License shall not be automatically extended under this section and the burden is on the educator to make proper application submit an extension request with sufficient documentation to the Department and to establish the authorized leave of absence Leave of Absence.

6 DE Reg. 518 (10/01/02)

13 DE Reg. 1084 (02/01/10)

10.0 Criminal Conviction History and Investigation of Misconduct

10.1 An applicant shall disclose his or her criminal conviction history upon application for a Continuing License, or within ninety (90) days prior to the expiration of a Continuing License if the applicant requests the renewal of their his or her Continuing License, or upon application of renewal of an expired Continuing License. Failure to disclose a criminal conviction history is grounds for denial or revocation of a Continuing License as specified in 14 Del.C. §1219.

10.2 The Department shall not act on an application for licensure if the applicant is under official investigation by any state or local authority with the power to issue educator licenses or certifications, where the alleged conduct involves allegations of immorality Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials, until the applicant provides evidence of the investigation's resolution.

10.2.1 The Department shall send notice of the inability to process the application.

10.2.2 The applicant shall be responsible for maintaining current contact information with the Department.

6 DE Reg. 518 (10/1/02)

13 DE Reg. 1084 (02/01/10)

11.0 Effect of Regulation

This regulation shall apply to all requests for Continuing License, issuance and renewal, except as specifically addressed herein.

11.1 Effective February 11, 2010, as educators receive either their original Continuing License or as they renew their Continuing License, only the Options listed in Section 15 shall be valid.

6 DE Reg. 518 (10/01/02)

10 DE Reg. 97 (07/01/06)

13 DE Reg. 1084 (02/01/10)

12.011.0 Suspension of a Continuing License For Failure To Meet Conditions of Issuance

12.111.1 Failure of an educator to meet the requirements of the Continuing License after issuance shall result in the suspension of the educator's Continuing License.

12.211.2 Notice of Action

12.2.111.2.1 The Secretary of Education or his or her designee, shall not take action against a person to suspend their Continuing License without providing the person with written notice of the suspension and the reasons therefore and with an opportunity for a full and fair hearing before the Standards Board.

12.2.211.2.2 Notice shall be sent to the person's last known address. Notice shall be sent by certified mail, with return receipt requested. and A copy of the notice may also be sent electronically.

12.2.311.2.3 The license holder shall have thirty (30) calendar days from the date the notice of the suspension was mailed to make a written request for a hearing.

12.2.411.2.4 If no written request for a hearing is received by the Standards Board within thirty (30) calendar days from the date the notification was mailed, the license holder's license shall be deemed to be suspended and the holder shall be so notified.

12.2.511.2.5 Notice of the suspension shall be made by the Secretary, or his or her designee, to the educator's employer.

12.2.611.2.6 All communications between a license holder and the Department or Standards Board provided for in this Section shall be by certified mail, with a return receipt requested. Additional notice may also be sent electronically.

12.311.3 Standards Board Hearings and Procedures

12.3.111.3.1 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.

12.3.211.3.2 Unless otherwise provided for in this Section, the burden of proof in a license suspension action shall be on the agency taking official action to establish by preponderance of the evidence that the license holder has failed to comply with the applicable laws and regulations relating to the retention of the license.

12.3.311.3.3 Hearings shall be conducted in accordance with the Standard Board's 14 DE Admin. Code 1515 Hearing Procedures and Rules.

7 DE Reg. 197 (08/01/03)

10 DE Reg. 97 (07/01/06)

13 DE Reg. 1084 (02/01/10)

13.012.0 Secretary of Education Review

The Secretary of Education may, upon the written request of the superintendent of a local public school district or charter school administrator or other employing authority, review licensure credentials submitted in application for a Continuing License on an individual basis and grant a Continuing License to an applicant who otherwise does not meet the requirements for a Continuing License, but whose effectiveness is documented by the local public school district or charter school administrator or other employing authority.

7 DE Reg. 197 (08/01/03)

10 DE Reg. 97 (07/01/06)

13 DE Reg. 1084 (02/01/10)

14.013.0 Continuing License Options for Relicensure

Options for Relicensure

14.1 Options listed in this Section shall be valid for educators holding a Continuing License whose expiration date does not exceed February 10, 2015.

14.2 Educators holding a Continuing License whose expiration date does not exceed February 10, 2015 may also use the Continuing License options listed in Section 15.

14.3 Options listed in this Section for the renewal of a Continuing License shall expire on February 10, 2015.

14.4 Educators either receiving their original Continuing License after February 11, 2010 or upon renewing their Continuing License on or after February 11, 2010 shall use the options listed in Section 15.

OPTION	HOUR VALUE	VERIFICATION	CRITERIA
College Credit	1 semester hour = 15 clock hours. 1 quarter hr./CEU = 10 clock hours.	Official Transcripts. Original Grade Slips. Original Certificate of Completion for CEUs.	Shall be completed at a regionally accredited college or other approved provider. College Credit shall be taken for credit with grade of "C" or better or a "P" in a pass or fail course.
“Clusters” of skills and knowledge.	Verified clock hours in completion of cluster activities.	Approval Slip or Form Verifying Completion.	Cluster shall be prior-approved by Professional Development and Associated Compensation Committee, the Professional Standards Board and the State Board of Education.
Planned School professional development day	Verified clock hours actively involved in professional development activities	Certificate of Attendance provided by school district or school sponsoring the professional development	Shall focus on district or school identified curriculum, instruction, assessment, school climate, or other need identified in district or school improvement plan, or be related to the educator’s position.
Professional Conference or Workshop or Institute or Academy	Verified clock hours actively involved in workshop or conference sessions	Original Certificate of Attendance or Completion OR Letter from Supervisor and Conference Staff. Copies and Exhibits of products developed by Applicant. Course Attendance Slip	Shall include only time spent in those portions of the workshop or conference program that contribute to the participant's knowledge, competence, performance, or effectiveness in education. Includes workshops offered by districts or other employing authorities either as part of professional development day or after school hours.
Required recertification to retain DE Professional license	Verified clock hours involved in recertification activities.	Certificate of Attendance. Original Certificate of Completion for CEUs.	Shall be required to renew DE professional license.
Mentoring	Verified clock hours involved in mentoring activities	Activity Documentation Form. (No prior approval required)	Shall be mentoring of teacher, specialist or administrator. Shall be part of a formal state or local program.
Cooperating Teacher or Intern Supervisor	Verified clock hours involved in support of student teacher or intern	Activity Documentation Form completed by higher education director of field based clinical studies. (No prior approval required)	Shall be supervision of graduate or undergraduate intern or student teacher in a state approved educator preparation program.
Presentation	Verified clock hours preparing and presenting	Activity Documentation Form* (Prior approval required)	Shall include only actual time preparing and presenting a course, workshop, or presentation. (Clock hours limited to first preparation and presentation of individual course, workshop, or presentation.)
Educational Project	Verified clock hours completing project. Minimum of 15 clock hours	Activity Documentation Form* (Prior approval required)	Project shall have been prior approved by the Professional Development and Associated Compensation Committee. Shall have obtained final approval after completion and verification by PDAC
Curriculum/ Assessment Development	Verified clock hours of service; Minimum of 3 clock hours	Original documentation from committee chair verifying actual clock hours of participation	Shall be service on formal committee organized by local, state, national, or international education agency or organization.
Educational Travel	Verified clock hours of experience. Minimum of 15 clock hours per travel activity. Final Project.	Activity Documentation Form* (Prior approval required)	Shall be prior approved by Professional Development and Associated Compensation Committee. Shall have obtained final approval after completion and verification by PCAC.
Professional Programs or Committees	Verified clock hours of service or experience.	Original documentation from committee chair or activity leader verifying actual clock hours of participation.	Shall be a formal activity provided through a recognized local, state, national, or international education agency or organization
Peer Coaching	Verified clock hours of service or experience.	Activity Documentation Form. (No prior approval required)	Shall be part of a formal program.
Publication	30 clock hours for book. Up to 15 clock hours per other publication.	Copy of Publication or Document.	Shall contribute to the education profession or add to the body of knowledge in the individual's specific field. Shall be commercially published or a formally approved document or formally published in a medium sanctioned by a recognized state or national agency or organization. If a grant, shall be approved for funding.
Professional Portfolio (to be developed by Standards Board).	45 clock hours for completed and approved portfolio.	The Completed or Approved Portfolio.	Shall satisfy the standards established for teaching portfolios. Shall be submitted to DOE by December 31 of the final year of the certificate for assessment and approval.
NBPTS Certification or similar National Certification	45 clock hours for attaining national certification Not complete, then use verified clock hours completing portfolio activities.	A Valid Copy of the National Certificate. For candidate not completing certificate, use the Activity Documentation Form. (No prior approval required)	Holds a certificate indicated by NBPTS as related to an individual’s work or assignment. Certificate or participation as a candidate shall be completed and verified by the expiration date of the Delaware certificate.
Formal Study Groups	Verified clock hours working as a member of a study group.	Activity Documentation Form and The Product of the Study.* (Prior approval required)	Shall relate to the individual’s work or assignment. Shall include a product.

OPTION	HOUR VALUE	CRITERIA	VERIFICATION
Action Research or other Educational Project	Verified Clock Hours completing Action Research or other Educational Project. Maximum of 30 Clock Hours.	The verified Clock Hours shall be accrued during the Action Research or other Educational Project. The documented goal for the participant(s) shall be a product and a new set of educator Knowledge and Skills. These shall complement the school, district, or charter school’s success plan or State’s initiative and shall be focused on student learning. A Product Shall Be Made Available for Verification. If an educator does not complete NBPTS or Similar National Certification, the educator may use the verified Clock Hours as an other Educational Project.	A certificate of participation or the completed Activity Documentation Form as well as the final product which documents the goals and results of the Action Research or other Educational Project shall be presented to the Department.
Certification required to retain a State professional license	Verified Clock Hours involved in recertification activities.	The certification to maintain a State professional license as required in the applicable regulation.	A certificate of attendance and the original certificate of completion for Continuing Education Units (CEUs) shall be presented to the Department.
College Course	Clock Hours may be accrued where 1 semester hour equals 15 hours and 1 quarter semester hour or Continuing Education Unit (CEU) equals 10 hours.	The course shall be completed within a matriculated Masters program, Doctoral program or a graduate level course of study at or through a regionally accredited college or university or other Department-approved provider. The course may also be an undergraduate course as seen by the educator as necessary to acquire new Knowledge and Skills related to the educator’s position. The course shall be taken at a regionally accredited college or university for credit. The educator shall attain a grade of "B" or better (or a "P" in Pass / Fail course).	Official transcripts, original grade slips or an original certificate of completion for Continuing Education Units (CEUs) shall be presented to the Department.
Cooperating Teacher or Intern Supervisor	Verified Clock Hours involved in support of student teacher or intern. Maximum of 45 Clock Hours over the course of 5 years.	The supervision shall be of a student intern or of a student teacher participating in a state-approved educator preparation program.	The Activity Documentation Form shall be completed by the student’s institution of higher education and presented to the Department.
Curriculum and/or Assessment Development	Verified Clock Hours of service. Minimum of 3 Clock Hours. Maximum of 30 Clock Hours over the course of 5 years.	The documented goal is a curricular component and/or an encompassing assessment. A Product Shall Be Made Available for Verification.	A certificate of participation or the completed Activity Documentation Form as well as the final product shall be presented to the Department.
Mentoring	Verified Clock Hours involved in Mentoring activities. Maximum of 45 Clock Hours over the course of 5 years.	The documented interactions between the mentor and mentee(s) during the initial (or subsequent refresher) training sessions or during the actual Mentoring of a novice educator.	The completed Mentor Log or Activity Documentation Form shall be presented to the Department.
NBPTS Certification or Similar National Certification	45 Clock Hours for attaining national certification.	Holds a certificate issued by NBPTS or a similar body as provided in 14 Del.C. §1305(l) that is related to the individual’s work or assignment. NBPTS Certification or Similar National Certification shall be completed and verified by the expiration date of the educator’s Continuing License.	The completed Activity Documentation Form and a copy of the certificate issued by NBPTS or a similar body shall be presented to the Department.
Planned Professional Development Program	Verified Clock Hours of service or experience.	The Planned Professional Development Program shall focus on the school, district or charter school’s success plan which may be targeting curriculum, instruction, assessment, school climate, or other identified need or shall be related to the educator’s work with students or staff.	A certificate of participation or a completed Activity Documentation Form shall be presented to the Department.
Presentation	Verified Clock Hours of presentation and preparation. The ratio of preparation to presentation is 3:1. Each presentation topic may be submitted one time. Maximum of 15 Clock Hours.	The Presentation shall contribute to the education profession or add to the body of knowledge in the educator’s specific field. The Presentation shall be made at a local, state, regional or national conference.	The completed Activity Documentation Form and conference agenda listing the Presentation shall be presented to the Department.
Professional Committee, Conference, Workshop, Institute or Academy	Verified Clock Hours of service or experience.	The educator may include time spent in those portions of the Professional Committee, Conference, Workshop, Institute or Academy that contribute to the educator’s Knowledge and Skills, competence, performance or effectiveness in education that are directly connected to the school, district or charter school’s success plan or State initiative. This option includes workshops offered by districts or other employing authorities either as part of a professional development day or during after school hours. Examples of expected student or educator outcomes are anticipated.	The completed Activity Documentation Form and the original certificate of attendance or completion or a letter from the Professional Committee, Conference, Workshop, Institute or Academy staff shall be presented to the Department.
Professional Learning Community	Verified Clock Hours of participation. Maximum of 15 hours.	The educator shall be a contributing member of a formal or informal Professional Learning Community whose documented goal for participants is a product or new set of Knowledge and Skills which are focused on student learning.	A certificate of participation or the completed Activity Documentation Form shall be presented to the Department.
Skilled and Technical Sciences specific career area program certification or Career and Technical program certification	Verified Clock Hours involved in certification activities.	Skilled and Technical Sciences or Certified Career and Technical Education teachers may use hours they have accrued in acquiring the specific Knowledge and Skills necessary for their program or specific career area program approval.	A valid copy of the certificate attesting to the successful completion of the activity required for the Career and Technical program area or the Skilled and Technical Sciences specific career area program certification shall be presented to the Department.
Teacher Leader Professional Development	Verified Clock Hours of service or experience.	The hours shall be accrued during a Teacher Leader Professional Development activity that contributes to the educator's Knowledge and Skills, competence, performance or effectiveness in teacher leadership that directly impact the productiveness of the school.	The original certificate of attendance or completion and the completed Activity Documentation Form with examples of expected outcomes shall be presented to the Department.

13 DE Reg. 1084 (02/01/10)

15.0 Amended Continuing License Options

15.1 Options listed in this Section shall be valid for educators holding a Continuing License whose expiration date does not exceed February 10, 2015.

15.2 Educators either receiving their original Continuing License after February 11, 2010 or upon renewing their Continuing License on or after February 11, 2010 shall use the options listed in this Section.

OPTIONS	CRITERIA	VERIFICATION
Action Research as an individual or by participating in Action Research as a member of a Professional Learning Community	The verified hours shall be accrued during the Action Research as an individual or within a Professional Learning Community. The documented goal for the participant(s) shall be a product and a new set of educator knowledge and skills. These shall complement the school, district or charter school’s Success Plan or State’s initiative and shall be focused on student learning. A product shall be available for verification.	A certificate of participation or the completed Activity Documentation Form shall be presented which documents the goals and results of the Action Research as an individual or as a member of a Professional Learning Community.
Certification required to retain a State of Delaware Professional License	The certification to maintain the State of Delaware Professional License shall be required within the Standards Board’s regulation.	A Certificate of Attendance and the original Certificate of Completion for CEUs shall be presented.
College Course	The course shall be completed within a matriculated Masters, Doctoral program, a graduate level course of study or may be an undergraduate course as seen by the educator as necessary to acquire new knowledge and skills related to their position. Courses shall be taken at a regionally accredited College or University. College or University Credit shall be taken for credit and the educator shall attain a grade of "B" or better in the course, or a "P" in Pass / Fail course.	Official transcripts, original grade slips or an original certificate of completion for CEUs shall be presented. Hours may be accrued where 1 semester hour equals 15 hours and 1 quarter semester hour/CEU equals 10 hours.
Cooperating Teacher or Intern Supervisor	The supervision shall be of a graduate or undergraduate intern or of a student teacher in a state-approved educator preparation program	The Activity Documentation Form shall be completed by the Higher Education Director of field-based studies.
Curriculum/Assessment Development as an individual or as a result of work within a Professional Learning Community	The educator may work individually or as a contributing member of a Professional Learning Community. The documented goal is a curricular component and/or an encompassing assessment. A product shall be available for verification.	The educator shall present documentation from the school, district, charter school or state Professional Learning Community verifying the actual hours of participation and creation of a product. A certificate of participation or the completed Activity Documentation Form shall be presented.
Educational Travel	The request shall be approved by the Professional Standards Board’s Professional Development and Associated Compensation Committee (PDAC). The educator shall subsequently obtain the PDAC’s final approval upon submission of the required post-travel documents.	The completed Educational Travel Activity Documentation Form* is required in addition to the required post-travel documents and subsequent PDAC approval letter. Hours may be accrued for Travel components that will directly impact the educator’s delivery of new instruction. (*Prior approval required)
Mentoring	The mentor or lead mentor may use hours accrued during the initial training sessions, during subsequent refresher training sessions, or during the actual mentoring of a novice educator.	The completed Activity Documentation Form is required.
NBPTS Certification or a National Certification as specified in 14 Del.C. §1305(l)	If the educator does not attain the national certification or become re-certified within their 5 year Continuing License time frame, they may use the hours accrued while completing the required professional development activities toward their relicensure. The Activity Documentation Form and a certificate attesting to their application as a candidate by the national certification agency shall be completed and verified.	Educators will use the Activity Documentation Form for the hours accrued in addition to the certificate attesting to their application to the national certification agency.
Planned Professional Development Program	The Planned Professional Development Program shall focus on the school, district or charter school’s Success Plan which may be targeting curriculum, instruction, assessment, school climate, other identified need or shall be related to the educator’s work with students or staff.	A certificate of participation or a completed Activity Documentation Form shall be presented.
Presentation and/or Publication as a result of Action Research or similar work as an individual or within a Professional Learning Community	The hours shall be accrued during the Action Research or similar work within a Professional Learning Community that the presentation and/or publication is based upon. A product shall be available for verification.	The completed Activity Documentation Form* is required. (*Prior approval required)
Professional Development “Cluster” of skills and knowledge	The cluster shall be approved by the Professional Development and Associated Compensation Committee, the Professional Standards Board and the State Board of Education.	The approval slip or documentation verifying the successful completion of a cluster shall be presented. The successful completion of a cluster equates to 90 hours.
Professional Committee, Conference, Workshop, Institute or Academy	The educator may include time spent in those portions of the Committee, Conference, Workshop, Institute or Academy that contribute to the participant's knowledge and skills, competence, performance or effectiveness in education that are directly connected to the school, district or charter school’s Success Plan or State initiative. This option includes workshops offered by districts or other employing authorities either as part of a professional development day or during after school hours. Examples of expected student or educator outcomes are anticipated.	The original certificate of attendance or completion, a letter from the Professional Committee, Conference, Workshop, Institute or Academy staff certificate and the completed Activity Documentation Form with examples of expected outcomes shall be presented.
Professional Learning Community	The educator shall be a contributing member of a formal or informal Professional Learning Community whose documented goal for participants is a product or new set of knowledge and skills which are focused on student learning.	The educator shall present documentation from the school, district, charter school or state Professional Learning Community verifying the actual hours of participation and creation of a product. A certificate of participation or the completed Activity Documentation Form shall be presented.
Skilled and Technical Sciences specific career area program certification or Career and Technical program certification	Skilled and Technical Sciences or Certified Career and Technical Education teachers may use hours they have accrued in acquiring the specific knowledge and skills necessary for their program or specific career area program approval.	A valid copy of the certificate attesting to the successful completion of the activity required for the Career and Technical program area or the Skilled and Technical Sciences specific career area program certification shall be presented.
Teacher Leader Professional Development	The hours shall be accrued during a Teacher Leader professional development activity that contribute to the participant's knowledge and skills, competence, performance or effectiveness in teacher leadership that directly impact the productiveness of the school. Examples of expected outcomes are anticipated.	The original certificate of attendance or completion and the completed Activity Documentation Form with examples of expected outcomes shall be presented.