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 1565

PROPOSED

PUBLIC NOTICE

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

1565 World Language Teacher

A. TYPE OF REGULATORY ACTION REQUESTED

Amendment to Existing Regulation

B. SYNOPSIS OF SUBJECT MATTER OF REGULATION

The Professional Standards Board ("Board") received written correspondence from Blythe Milbury-Steen, World Language Education Advisor and Program Coordinator at the University of Delaware, concerning teacher candidates who are facing "pandemic-related learning challenges." Ms. Milbury-Steen stated that "the cancellation of nearly all of [the University of Delaware's] study abroad programs has had a negative effect on [its] students' oral proficiency" and that "students [are] struggling to attain the Advanced Low rating on their [ACTFL] OPI and [she expects the] next cohort of student teachers next year to have similar challenges." On March 3, 2022, the Board considered Ms. Milbury-Steen's written correspondence as well as written correspondence from Gregory Fulkerson, Ph.D., the Department's Education Associate for World Languages and Dual Language Immersion. Dr. Fulkerson stated that the Department "is keenly aware of the state's current dearth of world language teachers and that COVID has negatively impacted university world language teacher candidates' opportunities to student abroad" but he did not support "the permanent change of lowering the proficiency requirement for world language teacher certification from Advanced-Low to Intermediate-High." Dr. Fulkerson asked the Board to "consider the potential long-term implications of permanently lowering the proficiency level requirement . . . and consider doing so for only a short amount of time to accommodate the impacts of COVID or not do so at all."

After considering the written correspondence to the Board, and pursuant to 14 Del.C. §§1203 and 1205(b), the Board developed amendments to 14 DE Admin. Code 1565 World Language Teacher. The regulation concerns the requirements for a World Language Teacher Standard Certificate in accordance with 14 Del.C. §1220. As a result of the written correspondence, the Board proposes to amend the required minimum level on the ACTFL in subsection 4.1.2.2 and if the proposed amendment goes into effect, the Board intends to review subsection 4.1.2.2 again prior to March 2024.

In addition, the Board developed proposed amendments to align the regulation with other regulations concerning Standard Certificates for Educators, including adding and striking defined terms in Section 2.0; clarifying the requirements for issuing a World Language Teacher Standard Certificate in Section 3.0; clarifying the education, knowledge, and skill requirements for obtaining a World Language Teacher Standard Certificate in Section 4.0, the application requirements in Section 5.0, Secretary of Education review in Section 6.0, the validity of a World Language Teacher Standard Certificate in Section 7.0, disciplinary actions in Section 8.0, and recognizing past certificates that were issued by the Department in Section 9.0; and adding Section 10.0, which concerns applicants' and Educators' contact information with the Department and specifies how they can change their name or address. The aforementioned proposed changes are not a result of the written correspondence to the Board.

Persons wishing to present their views regarding this matter may do so in writing by the close of business (4:30 p.m.) on or before May 3, 2022 to the Department of Education, Office of the Secretary, Attn: Regulation Review, 401 Federal Street, Suite 2, Dover, Delaware 19901 or to DOEregulations.comment@doe.k12.de.us. 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 Department of Education's Office of the Secretary, located at the address above.

C. IMPACT CRITERIA

1. Will the amended regulation help improve student achievement as measured against state achievement standards? The education, knowledge, and skill requirements in Section 4.0 are designed to improve the quality of the educator workforce, which will help to improve student achievement.

2. Will the amended regulation help ensure that all students receive an equitable education? The education, knowledge, and skill requirements in Section 4.0 are designed to improve the quality of the educator workforce, which will help to ensure students in Delaware public schools receive an equitable education.

3. Will the amended regulation help to ensure all students' health and safety are adequately protected? The amended regulation addresses a standard certificate for educators and is not designed to help ensure students' health and safety is protected.

4. Will the amended regulation help to ensure that all students' legal rights are respected? The amended regulation addresses a standard certificate for educators and is not designed to help ensure students' legal rights are respected.

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. By statute (14 Del.C. § 1224), a school district or charter school may request that the Secretary of Education review the credentials of an applicant who does not meet the requirements for a World Language Standard Certificate but whose effectiveness is documented by the district or school. Proposed Section 6.0 is consistent with the statute.

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. The application requirements in Section 5.0 apply to individual applicants. In addition, the requirements in Section 10.0 apply to individual applicants and Educators.

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

1565 World Language Teacher

1.0 Content

1.1 This regulation shall apply to the issuance of a Standard Certificate, World Language Teacher Standard Certificate pursuant to 14 Del.C. §1220(a), for World Language Teacher. This Certification Standard Certificate is required for to teach a world language in grades K to 12 in a Delaware public school. The World Language Standard Certificate is limited to the world language for which the Standard Certificate is requested and issued.

1.1.1 This Certification is limited to the world language in which the Standard Certificate is requested.

14 DE Reg. 1071 (04/01/11)

20 DE Reg. 448 (12/01/16)

22 DE Reg. 64 (07/01/18)

2.0 Definitions

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

“Certification” means the issuance of a certificate, which may occur regardless of a recipient's assignment or employment status.

“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 Professional Standards Board 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, and management companies.

“Fifteen (15) Credits or the Equivalent in Professional Development” means college credits or an equivalent number of hours with one (1) credit equating to fifteen (15) hours taken either as part of a degree program or in addition to a degree program from a regionally accredited college or university or a professional development provider approved by the Department. College credit means undergraduate or graduate level coursework and continuing education units (CEUs) completed at or through a regionally accredited college or university or other Department-approved provider.

“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.

“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.

“Major or Its Equivalent” means a minimum of thirty (30) semester hours of course work in a particular content area.

"Passing Score" means a minimum score as established by the Professional Standards Board, in consultation with the Department, and with the approval of the State Board of 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.

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

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

“Target Language” means, for the purpose of this regulation, the specific world language in which the Standard Certificate is requested and issued. World language means any language other than English that is used by peoples around the world for communicating information and ideas and transmitting its culture(s) culture or cultures, including American Sign Language (ASL), Latin, and Greek.

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

10 DE Reg. 100 (07/01/06)

14 DE Reg. 1071 (04/01/11)

20 DE Reg. 448 (12/01/16)

22 DE Reg. 64 (07/01/18)

3.0 Issuance of a Standard Certificate

3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a World Language Teacher Standard Certificate for World Language Teacher to an Educator applicant who:

3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License, License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or

3.1.2 Has met the requirements for licensure an educator's license in Delaware and holds presents proof of a Valid and Current License or Certificate from Another State in world language education; or as a world language teacher issued by another state or jurisdiction.

3.1.3 Has met the requirements for a Meritorious New Teacher Candidate Designation adopted pursuant to 14 Del.C. §1203.

3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for Certification a World Language Teacher Standard Certificate 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 alleged conduct involves allegations of allegations include but are not limited to conduct such as Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials, credentials until the applicant provides evidence of the investigation's resolution.

9 DE Reg. 558 (10/01/05)

10 DE Reg. 100 (07/01/06)

14 DE Reg. 1071 (04/01/11)

22 DE Reg. 64 (07/01/18)

4.0 Prescribed Knowledge, Skill, and Education, Knowledge, and Skill Requirements

4.1 For applicants applying for their first Standard Certificate an applicant who does not hold a content area Standard Certificate, the applicants applicant shall have satisfied the requirements in subsections 4.1.1 and 4.1.2.

4.1.1 The applicant shall have satisfied one of the following education requirements:

4.1.1.1 The applicant shall have obtained a World Languages certificate in the Target Language from the National Board for Professional Teaching Standards; or

4.1.1.2 The applicant shall have completed earned a bachelor's, master's, or doctoral degree from a regionally accredited Regionally Accredited college or university with a Major or Its Equivalent minimum of 30 semester hours of coursework in the Target Language from an educator preparation program approved or recognized by the National Council for the Accreditation of Teacher Education (NCATE), the Council for the Accreditation of Educator Preparation (CAEP), (CAEP) or a state where the state approval body employed the appropriate standards; or

4.1.1.3 The applicant shall have satisfactorily completed an alternative routes for licensure or certification program to teach world language as provided in 14 DE Admin. Code 1507 14 Del.C. §§1260 - 1266; or

4.1.1.4 The applicant shall have satisfactorily completed a Department-approved educator preparation program in world language education; or

4.1.1.5 The applicant shall have completed a bachelor's degree from a regionally accredited college or university in any content area and satisfactorily completed fifteen (15) credits or the equivalent in Department-approved Professional Development related to world language education of which at least 6 credits must focus on pedagogy. If the applicant is applying for an Initial License after the applicant completed a minimum of 91 days of successful long-term substitute teaching in a Delaware public school as provided in subsection 4.1.3.1 of 14 DE Admin. Code 1510, the applicant earned a bachelor's degree from a Regionally Accredited college or university in any content area and also satisfactorily completed 15 college credits in world language education of which at least six credits focus on pedagogy or an equivalent number of hours in professional development with one credit equating to 15 hours taken either as part of a degree program or in addition to a degree program from a Regionally Accredited college or university or a professional development provider approved by the Department.

4.1.1.5.1 The applicant, in consultation with the applicant's Employing Authority, shall select the Fifteen (15) Credits or the Equivalent in Professional Development 15 credits or the equivalent number of hours in professional development subject to the Department's approval.

4.1.1.5.2 If the applicant does not have an Employing Authority or is applying for a Standard Certificate outside of the applicant's current spectrum of employment, the applicant shall select the Fifteen (15) Credits or the Equivalent in Professional Development 15 credits or the equivalent number of hours in professional development in consultation with the Department and subject to the Department's approval.

4.1.1.5.3 For the purpose of subsection 4.1.1.5, professional development means a combination of focused, in-depth learning, practice, feedback, reflection, and expert support experiences designed to change the participants' attitudes, insights, and perspectives and ultimately results in improved professional practice.

4.1.1.5.4 Professional development hours may be approved if the applicant shows that the activity meets all of the following criteria:

4.1.1.5.4.1 Relevant courses from a Regionally Accredited college or university in the Target Language are not available to the applicant online or in the applicant's county of residence; and

4.1.1.5.4.2 The activity is grounded in research and current best practices as judged by the Department's content specialist in world language; and

4.1.1.5.4.3 The activity is documented by the provider to provide knowledge and skills that are required for the world language certification; and

4.1.1.5.4.4 The activity is part of a professional development program that includes knowledge acquisition, skill mastery, descriptive feedback, and refinement of practice in the work setting.

4.1.2 The applicant shall have demonstrated oral and written proficiency in the Target Language by either achieving the minimum score on one of the following examinations:

4.1.2.1 Achieving on For the Praxis Subject Assessment:

4.1.2.1.1 A minimum score of 164 on the Chinese (Mandarin): World Language (ETS Test # 5665) a Passing Score of 164; or

4.1.2.1.2 A minimum score of 162 on the French: World Language (ETS Test # 5174) a Passing Score of 162; or

4.1.2.1.3 A minimum score of 163 on the German: World Language (ETS Test # 5183) a Passing Score of 163; or

4.1.2.1.4 A minimum score of 152 on the Latin (ETS Test # 5601) a Passing Score of 152; or

4.1.2.1.5 A minimum score of 168 on the Spanish: World Language (ETS Test # 5195) a Passing Score of 168; or

4.1.2.2 Based on the American Council on the Teaching of Foreign Languages (ACTFL) Proficiency Guidelines:

4.1.2.2.1 Achieving a minimum level of Advanced Low Intermediate High on the ACTFL Oral Proficiency Interview (OPI) in the Target Language, and

4.1.2.2.2 Achieving a Passing Score minimum level of Intermediate High on the ACTFL Writing Proficiency Test (WPT) in the Target Language.

4.1.2.2.2.1 For tests using the Roman alphabet, a Passing Score means achieving a minimum level of Advanced Low.

4.1.2.2.2.2 For tests using a non-Roman alphabet, a Passing Score means achieving a minimum level of Intermediate High.

4.2 For applicants applying for their second or subsequent Standard Certificate, the applicants shall have satisfied the following requirement: For an applicant who holds at least one content area Standard Certificate, the applicant shall have demonstrated oral and written proficiency in the Target Language as provided in subsection 4.1.2 of this regulation.

4.2.1 Demonstrated oral and written proficiency in the Target Language as provided in subsection 4.1.2 of this regulation.

4.3 Notwithstanding the requirements in subsections 4.1 and 4.2 of this regulation, applicants applying for a Standard Certificate in World Language - American Sign Language, shall have met the following requirements: for an applicant who is applying for a World Language - American Sign Language Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.3.1 and 4.3.2.

4.3.1 Completion of Fifteen (15) credits or Its Equivalent in Professional Development in American Sign Language related to teaching and learning American Sign Language as approved by the Department; and The applicant shall have satisfactorily completed 15 college credits related to teaching and learning American Sign Language of which at least six credits focus on pedagogy or an equivalent number of hours in professional development with one credit equating to 15 hours taken either as part of a degree program or in addition to a degree program from a Regionally Accredited college or university or a professional development provider approved by the Department as provided in subsections 4.1.1.5.1 through 4.1.1.5.4.

4.3.2 Achieving on the American Sign Language Proficiency Interview a Passing Score of 3. The applicant achieved a minimum score of 3 on the American Sign Language Proficiency Interview.

20 DE Reg. 448 (12/01/16)

22 DE Reg. 64 (07/01/18)

5.0 Application Requirements

5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for an Initial License, and the applicant shall also provide all required documentation for the License.

5.2 An applicant must disclose the applicant's criminal conviction history upon application for a World Language Teacher Standard Certificate. Failure to disclose a criminal conviction history is grounds for denial of a World Language Teacher Standard Certificate as specified in 14 Del.C. §1219.

5.2 5.3 For applicants who are applying for their first Standard Certificate an applicant who does not hold a content area Standard Certificate, the following documentation is required with the application for a World Language Teacher Standard Certificate for World Language Teacher:

5.2.1 5.3.1 Evidence of obtaining a World Languages certificate from the National Board for Professional Teaching Standards, if applicable; and

5.2.2 5.3.2 Official transcript from the applicant's regionally accredited Regionally Accredited college or university.

5.2.2.1 5.3.2.1 Electronic transcripts may be submitted by the Employing Authority or by the applicant's regionally accredited Regionally Accredited college or university; or

5.2.2.2 5.3.2.2 Sealed paper transcripts may be submitted.

5.2.2.3 5.3.2.3 The Department will not accept copies of transcripts; and

5.2.3 5.3.3 If applicable, documents verifying successful completion of Professional Development Documents verifying successful completion of Department-approved professional development, if applicable; and

5.2.4 5.3.4 Official scores on the Praxis Subject Assessment or ACTFL OPI and WPT as provided in subsection 4.1.2; and

5.2.5 If applicable, an experience form must be completed in full and signed by the applicant; and

5.2.6 5.3.5 Additional documentation as required by the Department.

5.3 5.4 For applicants who are applying for their second or subsequent Standard Certificate an applicant who holds at least one content area Standard Certificate, the following documentation is required in the application for a World Language Teacher Standard Certificate for World Language Teacher:

5.3.1 5.4.1 Official scores on the Praxis Subject Assessment or ACTFL OPI and WPT as provided in subsection 4.2.1 4.2; and

5.3.2 5.4.2 Additional documentation as required by the Department.

5.5 For an applicant who is applying for a World Language Teacher - American Sign Language Standard Certificate, the following documentation is required with the application:

5.5.1 Official transcript from the applicant's Regionally Accredited college or university;

5.5.1.1 Electronic transcripts may be submitted by the Employing Authority or by the applicant's Regionally Accredited college or university; or

5.5.1.2 Sealed paper transcripts may be submitted.

5.5.1.3 The Department will not accept copies of transcripts; and

5.5.2 Documents verifying successful completion of Department-approved professional development, if applicable; and

5.5.3 Official scores on the American Sign Language Proficiency Interview; and

5.5.4 Additional documentation as required by the Department.

5.4 5.6 For applicants who have met the requirements for licensure as an educator in Delaware and hold a Valid and Current License or Certificate from Another State in a world language as a world language teacher from another state or jurisdiction, the following documentation is required in the application for a World Language Teacher Standard Certificate for World Language Teacher:

5.4.1 5.6.1 An official copy of the valid and current educator license or certificate from another state or professional license. Valid and Current License or Certificate; and

5.6.2 Additional documentation as required by the Department.

22 DE Reg. 64 (07/01/18)

6.0 Secretary of Education Review

6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a World Language Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a World Language Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.

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

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

6.0 7.0 Validity of a Standard Certificate

6.1 7.1 A World Language Teacher Standard Certificate for World Language Teacher is valid regardless of the assignment or employment status of the holder provided that the Educator's License remains current and valid.

6.2 7.2 A World Language Teacher Standard Certificate for World Language Teacher is not subject to renewal.

22 DE Reg. 64 (07/01/18)

7.0 8.0 Revocation of a Standard Certificate Disciplinary Action

8.1 An Educator's World Language Teacher Standard Certificate 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.

7.1 8.2 An Educator's World Language Teacher Standard Certificate for World Language Teacher shall be revoked in the event if the Educator's Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked or the Educator made a materially false or misleading statement in the Educator's Standard Certificate application in accordance with 14 Del.C. §1222.

7.2 8.3 An Educator whose Standard Certificate certificate is noticed for revocation disciplinary action is entitled to a full and fair hearing before the Standards Board.

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

22 DE Reg. 64 (07/01/18)

8.0 Secretary of Education Review

The Secretary of Education may, upon the written request of the superintendent of a local school district, review credentials submitted in an application for a Standard Certificate for World Language Teacher on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Standard Certificate for World Language Teacher but whose effectiveness is documented by the local school district.

22 DE Reg. 64 (07/01/18)

9.0 Past Certification Certificate Recognized

The Department shall recognize a World Language Teacher Standard Certificate for World Language Teacher issued before prior to the effective date of this regulation. An Educator holding such a Standard Certificate issued by the Department before the effective date of this regulation shall be considered certified as a World Language Teacher to teach the Target Language for which the certificate was issued.

10.0 Contact Information and Change of Name or Address

10.1 All applicants and Educators are required to update their contact information in DEEDS if their contact information changes.

10.2 An Educator who legally changes the Educator's name and wishes to change the name on the World Language Teacher Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.

10.3 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.

9 DE Reg. 558 (10/01/05)

10 DE Reg. 100 (07/01/06)

Renumbered effective 06/01/07 - see Conversion Table

14 DE Reg. 1071 (04/01/11)

20 DE Reg. 448 (12/01/16)

22 DE Reg. 64 (07/01/18)

25 DE Reg. 927 (04/01/22) (Prop.)