department of education

Office of the Secretary

14 DE Admin. Code 284

final

Regulatory Implementing Order

284 Licensure and Certification of Public Education Employees in the Department of Education, in Adult Education and in Prison Education Programs Whose Work Responsibilities are Directly Related to Curriculum and Instruction

I. Summary of the Evidence and Information Submitted

The Secretary of Education intends to adopt 14 DE Admin. Code 284 Licensure and Certification of Public Education Employees in the Department of Education, in Adult Education and in Prison Education Programs Whose Work Responsibilities are Directly Related to Curriculum and Instruction.

Notice of the proposed regulation was published in the News Journal and the Delaware State News on September 20, 2006, in the form hereto attached as Exhibit "A". No comments were received.

II. Findings of Facts

The Secretary finds that it is appropriate to adopt 14 DE Admin. Code 284 in order to certify and license Public Education Employees in the Department of Education, in Adult Education and in Prison Education Programs whose work responsibilities are directly related to curriculum and instruction.

III. Decision to Adopt the Regulation

For the foregoing reasons, the Secretary concludes that it is appropriate to adopt 14 DE Admin. Code 284. Therefore, pursuant to 14 Del.C. §121(c), 14 DE Admin. Code 284 attached hereto as Exhibit "B" is hereby adopted. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 284 hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.

IV. Text and Citation

The text of 14 DE Admin. Code 284 amended hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 284 in the Administrative Code of Regulations for the Department of Education.

V. Effective Date of Order

The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C.§121(c) on November 9, 2006. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.

IT IS SO ORDERED the 9th day of November 2006.

Department of Education

Valerie A. Woodruff, Secretary of Education

284 Licensure and Certification of Public Education Employees in the Department of Education, in Adult Education and in Prison Education Programs Whose Work Responsibilities are Directly Related to Curriculum and Instruction

1.0 Content

This regulation shall apply to the licensure and certification of Public Education Employees in the Department of Education, in Adult Education and in Prison Education Programs whose work responsibilities are directly related to curriculum and instruction, pursuant to 14 Del.C. §121 (c). This regulation does not apply to those persons who serve as instructors for apprenticeship, trade extension or special interest courses.

2.0 Definitions

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

“Advanced License” means a license issued as part of the three tiered licensure system set forth in 14 Del.C. 121 (c).

“Adult Education Programs” means programs designed for adult learners providing for both basic skills education and the attainment of a high school diploma. Programs are provided through the James H. Groves High School, General Educational Development (GED) and Adult Basic Education (ABE) Programs and Adult English Language Learners.

"Clock Hour" means actual time spent in 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 Professional Standards Board and the State Board of Education.

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

“Continuing License” means a license issued as part of the three tiered licensure system set forth in 14 Del.C. §121 (c).

"Composite Score" means a total of a Public Education Employee’s scores on all three (3) subtest of PRAXIS I which are equal to, or greater than, the sum of the passing scores on the three subtests. Scores from either the PRAXIS I (PPST) paper and pencil test or from the PRAXIS I (CPPST) computerized test may be used when applying the composite score provision. Scores from the PRAXIS I computer based test (CBT) may be used when applying the composite score provision, but may not be used in conjunction with scores from the PRAXIS I (PPST) paper and pencil test or with the PRAXIS I (CPPST) computerized test.

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

"Date of Hire" means the effective date of employment by the Department or other employing authority.

"Department" means the Delaware Department of Education.

"Educational Project" means an individual professional growth project of 15 or more 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 including 15 or more clock hours of work time directly related to the individual's professional responsibilities, including a final project to be used to enhance the individual's work.

"Educator" means a person licensed and certified by the State under 14 Del.C. §1202 to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Standards Board and approved by the State Board. The term ‘educator’ does not include substitute teachers.

"Examination of General Knowledge" means a standardized test which measures general knowledge and essential skills in mathematics or quantitative and verbal skills, including reading and writing.

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

“Good Moral Character” means conduct which is consistent with the rules and principles of morality expected of an educator.

"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of a Public Education Employee and may reasonably be found to impair a Public Education Employee's effectiveness by reason of his or her unfitness.

"Initial License" means a license issued as part of the three tiered licensure system set forth in 14 Del.C. §121(c).

"Jurisdiction" means a state, territory or country.

"Knowledge and Skills" means understandings and abilities that, when acquired by Public Education Employees, lead to more effective execution of their work responsibilities.

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

“License Holder or Licensee” means any individual who holds an Initial License, Continuing License or Advanced License.

"Maintenance of Proficiency" means evidence of valid renewal of National Board for Professional Teaching Standards certification.

"NBPTS or Similar National Certification" means a certificate from the National Board for Professional Teaching Standards, or similar body as approved by the Professional Standards Board, 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 devoted to completing the requirements for the national certificate.

“Part Time Adult Education Employees” means those teachers, counselors, site coordinators and administrators who work in adult education programs “part time” as defined by the State Pension Office.

"PRAXIS I or PPST" means a test from Educational Testing Service of general knowledge in reading, writing, and mathematics.

"PRAXIS I CBT" means the discontinued PRAXIS I computer based test from Educational Testing Service taken between November 1993 and December 2001, with a possible score range of 300 to 335. Scores from the PRAXIS I CBT test may not be combined with scores from the PRAXIS I paper and pencil test or the PRAXIS I computerized test (CPPST) to derive a composite score.

"PRAXIS I CPPST" means the PRAXIS I computerized test from Educational Testing Service which began in January 2002. This test, which is delivered in a computer format, has a possible score range of 150 to 190. Scores from the CPPST and the PRAXIS I (PPST) paper and pencil test may be combined for a composite score.

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

“Prison Education Programs” means programs provided by the Department of Education for incarcerated adults within the four level five (5) institutions in the State.

"Professional 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 classes, seminars, workshops, collaborative work groups, learning communities, or cohort teams which result in the acquisition of knowledge and skills which lead to more effective execution of work responsibilities.

"Professional Development Activities" means activities designed to enhance knowledge and skill to promote continuous professional growth and to improve the performance of Public Education Employees.

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

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

"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.

“Public Education Employee” means a Public Education Employee whose work responsibilities are directly related to curriculum and instruction, and includes Department employees, adult education employees and prison education employees but does not include public school Public Education Employees who shall be licensed and certified in accordance with 14 Del.C. Ch.12 Subchapters II and III or persons who serve as instructors for apprenticeship, trade extension or special interest courses.

“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1205.

"Standard Certificate" means a credential issued to certify that a Public Education Employee in the Department of Education, Adult Education and Prison Education Programs whose work responsibilities are directly related to curriculum and instruction has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, supervise a particular area at the Department or teach a particular category of students.

"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.

“Secretary” means the Secretary of the Delaware Department of Education

"Student Teaching Program" means a traditional student teaching placement within a National Association of State Directors of Teacher Education and Certification or National Council for the Accreditation of Teacher Education approved program offered by a college or university, or such alternatives as deemed appropriate to the program, such as supervised internships or other field based experience recognized as a required component of the regionally accredited educator preparation program. For the purposes of this regulation, student teaching program also means one year of teaching experience within the last year consisting of a minimum of 91 days of long term teaching experience at one assignment during which regular evaluations were conducted, evidencing at least satisfactory performance.

"Suspension" means the temporary removal of an Initial License for failure to pass the PRAXIS I test.

“Unfit” means lack of good moral character, misconduct in office, incompetence, a pattern of ineffective teaching, willful neglect of duty, disloyalty or falsification of credentials.

"Valid and Current Certificate from another State" means a current full or permanent certificate or license issued by another state. It does not include temporary, emergency or expired certificates or licenses issued from another state.

3.0 Issuance and Renewal of an Initial License

In accordance with 14 Del.C. §121(c), the Department shall issue an Initial License to a Public Education Employee who submits evidence of (1) receipt of a bachelors degree from a regionally accredited 4 year college or university; (2) completion of a student teaching program, or one year of teaching experience consisting of a minimum of 91 days of long term teaching experience at one assignment or other related experience in a private or public educational agency or institution, and (3) a passing score on an examination of general knowledge, such as PRAXIS I, or such other alternatives as described in 3.2.4. For the purposes of this regulation, a bachelor's degree for a trades and industry teacher shall be two (2) years of college or technical training, plus six (6) years of trade experience. An Initial License shall also be issued to an applicant currently licensed as an educator in another jurisdiction with less than three years of teaching experience or to a Public Education Employee who previously held a valid Delaware Standard or Professional Status Certificate who has been out of the profession for more than three years. In addition to an Initial License, applicants shall also apply for a Standard Certificate in the particular area, subject, or category in which they wish to be employed, and shall verify that they possess the prescribed knowledge, skill or education to practice in that area, subject, or category.

3.1 A Public Education Employee applying for an Initial License shall submit the completed application form, official transcripts, and official scores on an examination of general knowledge, such as the PRAXIS I tests in any format, as defined in 2.0, to the Department.

3.1.1 Official transcripts shall be forwarded directly from the issuing institution or by the Public Education Employee in an unopened, unaltered envelope.

3.2 Examination of General Knowledge Requirements

3.2.1 A Public Education Employee seeking initial licensure in Delaware shall provide the Department with official test scores for one or more of the following tests of essential skills in reading, writing and mathematics: the PRAXIS I Tests (PPST) or such alternatives as set forth in 3.2.4 below.

3.2.2 Scores of Examinations of General Knowledge.

3.2.2.1 The following minimum passing scores are required in the areas of reading, writing and mathematics for each of the examinations of essential skills.

3.2.2.1.1 Pre professional Skills Test (PPST) taken between July 1, 1983 and October 22, 1993: reading, 175, mathematics, 175, writing, 172.

3.2.2.1.2 PRAXIS I (PPST) Paper and Pencil Tests and thereafter with a possible score range of 150 to 190 and PRAXIS I Computerized Pre Professional Skills Tests taken January 1, 2002 and thereafter, both of which have a possible score range of 150 to 190, with passing scores of: reading, 175, mathematics, 174, writing, 173.

3.2.2.1.3 PRAXIS I, Computer Based Tests (CBT) (Tests taken between October 23, 1993 and December 31, 2001), with passing scores of: reading, 322, mathematics, 319, writing, 319.

3.2.3 Public Education Employees holding Delaware certificates issued prior to July 1, 1983 are exempt from the testing requirements.

3.2.4 Acceptable alternatives to the PRAXIS I test scores include:

3.2.4.1 Scores from the California Test of Basic Skills (CTBS) shall be accepted in lieu of PPST or PRAXIS I scores if the test was taken as a condition of meeting certification or licensure requirements in that state and the scores total 123, with a minimum of at least 37 in each category.

3.2.4.2 Scholastic Aptitude Tests (SAT) taken after April 1, 1995 and presented for exemption shall meet the scores set forth below due to a re centering of the SAT.

3.2.4.2.1 A minimum score of 520 on the SAT Mathematics taken prior to 4/1/95, and a minimum score of 540 on the SAT Mathematics test taken thereafter shall be accepted as fulfillment of the PRAXIS I Mathematics requirement.

3.2.4.2.2 A minimum score of 480 on the SAT Verbal test taken prior to April 1, 1995, and a minimum score of 560 on the SAT verbal test taken thereafter will be accepted as fulfillment of the PRAXIS I reading requirement.

3.2.4.3 Graduate Record Examination (GRE) scores presented for exemption shall meet the scores set forth below.

3.2.4.3.1 A minimum score of 490 on the Graduate Record Examination (GRE) Verbal test shall be accepted as fulfillment of the PRAXIS I reading requirement.

3.2.4.3.2 A minimum score of 540 on the Graduate Record Examination (GRE) Quantitative test shall be accepted as fulfillment of the PRAXIS I mathematics requirement.

3.2.4.4 National Teacher Examination (NTE) Core Battery Communications Skills with a minimum score of 670 will be accepted as fulfillment of the PRAXIS I writing requirement.

3.2.5 Any Scholastic Aptitude Test (SAT) scores, Graduate Records Exam (GRE) scores or NTE Communication Skills scores intended to be used as an exemption for the PPST or PRAXIS I, shall be submitted within the same timeline as that required for PRAXIS I and scores shall pre date the employment date.

3.2.6 Timeline for Examination of General Knowledge.

3.2.6.1 A Public Education Employee applying for an Initial License shall pass the three PRAXIS I (PPST) tests in any format or an approved alternative within the period of time from the date of hire to the end of the next, consecutive fiscal year. If proof of passage of Praxis I is not provided by the end of the next consecutive fiscal year, the Initial License shall be suspended. Notwithstanding the foregoing, the Department or other employing authority may submit to the Secretary of Education a written request for a one year extension. The request shall document the effectiveness of the applicant.

3.2.6.1.1 Evidence of passage of PRAXIS I within the time period of the suspension shall result in the reinstatement of the Initial License.

3.2.6.1.2 If proof of passage of PRAXIS I is not provided by the end of the next consecutive fiscal year, the Initial License shall be suspended for a maximum of two years.

3.2.6.1.3 Suspension

3.2.6.1.3.1 A Public Education Employee who does not pass PRAXIS I during the time period of the suspension, and whose Initial License is expired, shall reapply and may be issued an Initial License, valid for three years, if he/she meets the requirements for initial licensure then in effect.

3.2.6.1.3.2 Notwithstanding the foregoing, the Department or other employing authority may submit to the Secretary of Education a written request for a one year extension. The request shall document the effectiveness of the applicant.

3.2.6.1.4 Composite Score

3.2.6.1.4.1 Scores from either the paper and pencil PRAXIS I (PPST) test or from the computerized PRAXIS I (CPPST) test, begun in January, 2002, both of which have a possible score range of 159 to 190, may be used when applying the composite score provision. Scores from the PRAXIS I computer based test (CBT), taken between November, 1993 and December 31, 2001 may be used when applying the composite score provision, but may not be used in conjunction with the paper and pencil PRAXIS I test or with the computerized PRAXIS I (CPPST) test.

3.2.6.1.4.2 A Public Education Employee applying for an Initial License who does not achieve a passing score on PRAXIS I, but whose score on PRAXIS I is within 2 points of the passing score on the reading, writing, or mathematics section of PRAXIS I may use a composite score to meet the requirements of passage.

3.2.6.1.4.3 Notwithstanding the use of a composite score, a Public Education Employee who seeks to teach in the secondary or adult education content area of mathematics shall meet the current state passing score for the PRAXIS I mathematics test. A Public Education Employee who seeks to teach in the secondary or adult education content area of English language arts shall meet the current state passing score for the PRAXIS I reading and writing tests.

3.2.6.2 An applicant in a Trade and Industry are shall pass PRAXIS I or an approved alternative within six (6) years of the date of employment or before the expiration of the Initial License, whichever is later.

3.2.7 There is no limit on the number of times an individual may take the PPST or PRAXIS I. Once passed, a section need not be taken again.

3.2.7.1 Passing scores in each area (reading, writing, mathematics) may be attained in any testing format.

3.2.8 Submission of Scores of Examination of General Knowledge.

3.2.8.1 Test scores shall be official and sent directly from Educational Testing Service or other test vendor to the Department.

3.2.8.2 Unopened, unaltered envelopes containing PPST or PRAXIS I scores or scores of acceptable alternatives sent to the individual may be accepted as official. The Department shall determine whether the scores as presented are acceptable.

3.2.8.3 Direct verification from another State Department of Education shall be considered as official. An original of the grade form shall be forwarded directly from the other State Department to the Department. This method will be accepted only when official test scores from Educational Testing Service are not available.

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

3.4 Trades and Industry Teacher Experience Requirements.

3.4.1 A bachelor's degree equivalent for a Trades and Industry teacher shall be two (2) years of college or technical training, plus six (6) years of trade experience. The requirement for two (2) years of college or technical training may be satisfied through the satisfactory completion of the requirements for any one or an appropriate combination of the following experiences in the area to be taught equaling:

3.4.1.1 An associate's degree with a major in the specific occupational area to be taught; or

3.4.1.2 Two years of college majoring in the specific occupational area to be taught with at least 50% of the major courses required for a bachelor's degree satisfactorily completed; or

3.4.1.3 A state issued certificate indicating completion of apprenticeship hours and apprentice related training (e.g. journey papers); or

3.4.1.4 Four years of sequential Delaware Trade Extension courses; or

3.4.1.5 Four years of National Center for Construction Education and Research's Contren documented training; or

3.4.1.6 Nine high school credits of career and technical high school training; or

3.4.1.7 Passage of the State of Delaware Licensing test, offered through the Division of Professional Regulation; or

3.4.1.8 576 Hours of military training; or

3.4.1.9 576 Hours postsecondary trade school training; or

3.4.1.10 Completing the written and performance teacher testing for the National Occupational Competency Testing Institute with a minimum score set by the Department; or

3.4.1.11 DOE approved equivalents.

3.5 An Initial License is valid for three (3) years, unless revoked, and may not be renewed. Notwithstanding the foregoing, an Initial License issued to a Public Education Employee in a vocational trade and industry area is valid for up to six (6) years to provide time for completion of specified college level course work required for certification.

3.5.1 An Initial License issued to an applicant who is not currently employed by the Department or other employing authority shall be inactive until such time as a Public Education Employee is employed by the Department or other employing authority. Once employed, the Initial License shall be in effect for three (3) years from the date of hire until the last day of the month of issuance three (3) years later, except in the case of the Trade and Industry areas which shall expire on the last day of the month of issuance six (6) years later.

3.5.2 During the term of the Initial License, license holders are required to participate in prescribed professional development activities offered by the Department or other employing authority.

3.6 Public Education Employees graduating from foreign institutions shall provide an analysis of the degree equivalency, along with all other required application materials, which shall be reviewed by the Department.

3.7 The Department may extend an Initial License for a period not to exceed one (1) year, exigent circumstances warranting the necessity of such extension.

3.7.1 A Public Education Employee whose license expires during the year may have the Initial License extended until the last day of the fiscal year upon a request from the Department or other employing authority. This extension shall be considered an exigent circumstance and shall not exceed one (1) year in length.

3.8 A Public Education Employee may take a leave of absence of up to three (3) years with no effect upon the validity or expiration of the Initial License.

3.9 A Public Education Employee shall disclose his or her criminal conviction history upon application for an Initial License. Failure to disclose a criminal conviction history is grounds for denial or revocation of an Initial License as specified in 14 Del.C. §1219.

3.10 The Secretary of Education may, at the request of the Department or other employing authority, review licensure credentials on an individual basis and grant a license to a Public Education Employee who otherwise does not meet the requirements for Initial License, but whose effectiveness is documented by the Department or other employing authority.

4.0 Issuance and Renewal of a Continuing License

In accordance with 14 Del.C. §121(c), the Department shall issue, upon application, a Continuing License to a Public Education Employee who has successfully completed the requirements under the initial licensure as set forth in 3.0. The Department shall issue a Continuing License to a Public Education Employee licensed in another jurisdiction that provides evidence of having completed three (3) or more years of successful teaching experience or other relevant educationally related experience. A Continuing License is valid for 5 years unless extended or revoked for cause.

4.1 A Public Education Employee applying for a Continuing License shall submit the approved application form to the Department. Verification by the Department or other employing authority of satisfactory annual evaluations shall also be submitted to the Department prior to the issuance of the Continuing License.

4.2 The Department shall not act on an application for a Continuing Licensure if the Public Education Employee 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, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials, until the applicant provides evidence of the investigation’s resolution.

4.3 The Department may issue a Continuing License to a Public Education Employee who previously held a valid Delaware License that has expired.

4.3.1 A Public Education Employee who has completed three (3) or more years of successful teaching or other relevant educational experience and who holds a Continuing License which has expired who has been out of the profession for more than three (3) years may be issued a Continuing License.

4.4 The Department shall renew a Continuing License, valid for an additional 5 years, to a Public Education Employee who has fulfilled the 90 clock hour requirement for professional development. At least one half of the required hours (45 hours every five years) for Public Education Employees shall be in activities that relate to the Public Education Employee's work with students or staff. Satisfactory evidence of such completion, as set forth in 4.4.1, shall be submitted to the Department with the application for renewal. The 90 clock hours of professional development shall have taken place during the term of the Continuing License.

4.4.1 Options for Relicensure

Table 1:

4.4.2 For renewal of the Continuing License, Public Education Employees may complete and document 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 will be used: 1 semester hour = 15 clock hours, 1 quarter hour = 10 clock hours, 1 CEU = 10 clock hours. To be documented for clock hours, activities shall meet the criteria set forth in the regulations and shall be appropriately verified and applied for. Professional development activities that are part of an assistance plan may be used to satisfy this requirement. Individuals, schools or school districts, or other agencies organizing or conducting 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 Public Education Employee is responsible for obtaining any necessary approvals, as set forth in 4.4.1, from his or her employer before participating in a professional development activity. An employer may not impose additional activity requirements on the award of clock hours towards renewal of a Continuing License.

4.4.2.1 Criteria for determining if activities are acceptable for clock hour credit for a Public Education Employee shall include the following:

4.4.2.1.1 The activity enhances the knowledge and skills in the Public Education Employee's job or contributes to his/her school or profession.

4.4.2.1.2 The activity meets one of the relicensure options.

4.4.2.1.3 The activity is completed during the term of the Public Education Employee’s current Continuing License.

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

4.4.3 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 shall be required documentation for successful completion of college courses.

4.4.4 For applicants who change positions during the five year term of a Continuing License, clock hours documented shall have been appropriate to the Public Education Employee’s position at the time the clock hours were completed.

4.4.5 To obtain renewal of a Continuing License, Public Education Employees shall be required to participate in professional development activities totaling 90 clock hours every five years. The 90 clock hours shall be completed during the five year term of the license.

4.4.5.1 Public Education Employees seeking renewal of a Continuing License may select from the variety of professional development options in 4.4.1. The activities selected shall be beyond the normal or specified requirements of the position. Professional development activities which fulfill the criteria for relicensure for which Public Education Employees receive compensation may be submitted in fulfillment of the 90 clock hour requirement for relicensure. Graduate credits used to satisfy the 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. The activities or options used to satisfy the 90 clock hour requirement for license renewal may be part of an approved professional development cluster eligible for a salary supplement if the Public Education Employee is employed in Adult or Prison Education programs.

4.4.6 The Department may extend a Continuing License for a period not to exceed one year, exigent circumstances warranting the necessity of such extension.

4.4.7 A Public Education Employee may take a leave of absence of up to three years with no effect upon the validity or expiration of the Continuing License.

4.4.8 A Public Education Employee shall disclose his or her criminal conviction history upon application for a Continuing License.

4.4.9 A Public Education Employee whose license expires during the fiscal year may have the Continuing License extended until the last day of the fiscal year. This extension shall be considered an exigent circumstance and shall not exceed one (1) year in length.

4.4.10 The Secretary of Education may, upon the written request of the Department or other employing authority, review 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 Department or other employing authority.

5.0 Issuance and Renewal of an Advanced License

5.1 The Department, upon receipt of the list of successful candidates provided annually by the National Board for Professional Teaching Standards, shall issue an Advanced License to any Public Education Employee who receives National Board for Professional Teaching Standards certification. An Advanced License is valid for up to 10 years or the length of time of the National Board Certification unless extended.

5.1.1 The Department shall issue, upon application, an Advanced License to a Public Education Employee licensed in another jurisdiction that provides verification of receipt of National Board Certification.

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

5.2 The Department shall renew an Advanced License, valid for an additional 10 years, to a Public Education Employee who has maintained proficiency through the National Board for Professional Teaching Standards. Proficiency for National Board Certification shall be deemed to have been maintained if the Public Education Employee provides evidence of valid renewal of National Board for Professional Teaching Standards certification.

5.2.1 The Department shall renew an Advanced License upon receipt of a list of successful Delaware candidates for renewal provided annually by the National Board for Professional Teaching Standards.

5.2.2 An Public Education Employee who elects not to renew with the National Board for Professional Teaching standards or who fails to meet the recertification requirements set forth by the National Board shall be issued a Continuing License.

5.2.3 The Department may extend an Advanced License for a period not to exceed one year, exigent circumstances warranting the necessity of such extension.

5.3 A Public Education Employee may take a leave of absence of up to three years with no effect upon the validity or expiration of the Advanced License.

5.4 A Public Education Employee shall disclose his or her criminal conviction history upon application for an Advanced License.

6.0 Standard Certificate

The Department shall issue a Standard Certificate to a Public Education Employee who holds a valid Delaware Initial, Continuing or Advanced License; or Limited Standard, Standard, or Professional Status Certificate issued prior to August 31, 2003.

6.1 The Public Education Employee shall have acquired the prescribed knowledge, skill or education to practice in a particular area, to teach a particular subject, supervise a particular area at the Department or teach a particular category of students by:

6.1.1 Obtaining National Board for Professional Teaching Standards certification in the area, subject, or category for which a Standard Certificate is requested; or

6.1.2 Meeting the definition of a Public Education Employee in 2.0 and the requirements set forth in 6.1 or 7.0 or the regulation governing the issuance of a Standard Certificate in the area for which a Standard Certificate is sought; or

6.1.3 Graduating from an NCATE specialty organization recognized educator preparation program or from a State approved educator preparation program where the State approval body employed the appropriate NASTEC or NCATE specialty organization standards, offered by a regionally accredited college or university, with a major or its equivalent in the area of the standard certificate requested; or

6.1.4 Holding a Bachelor’s Degree from a regionally accredited college or university in any content area; and

6.1.4.1 Achieving a passing score, as established by the Standards Board, in consultation with the Department and with the concurrence of the State Board, on a Praxis II examination where applicable and available in the area requested, or

6.1.5 A valid and current educator certificate from Delaware or another state in the area for which a Standard Certificate is sought.

6.2 Public Education Employees May hold Standard Certificates in more than one area.

6.3 The Department shall not act on an application for certification if the Public Education Employee 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, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials, until the applicant provides evidence of the investigation's resolution.

6.4 A Public Education Employee applying for a Standard Certificate shall submit Official transcripts; or official scores on the Praxis II examination, if applicable and available, or evidence of passage of the National Board for Professional Teaching Standards Certificate; or an official copy of the out of state license or certification, if applicable or other relevant experience in a private or public educational agency or institution.

6.4.1 If applied for simultaneously with application for an Initial License, the Public Education Employee shall provide all required documentation for that application in addition to the documentation cited above.

6.5 If a Public Education Employee holds a valid Initial, Continuing, or Advanced Delaware License as an educator; or a Limited Standard, Standard or Professional Status Certificate issued prior to August 31, 2003 and becomes employed as a Public Education Employee, only that documentation necessary to demonstrate acquisition of the prescribed knowledge, skill or education required for the relevant Standard Certificate requested shall be required.

6.6 A Standard Certificate is valid regardless of the assignment or employment status of the holder of a certificate or certificates, and is not subject to renewal. It shall be revoked in the event the Public Education Employee’s Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked in accordance with 10.0. An educator whose license or certificate is revoked is entitled to a full and fair hearing before the Department.

6.7 The Secretary of Education may, upon the written request of the Department or other employing authority, review credentials submitted in application for a Standard Certificate on an individual basis and grant a Standard Certificate to an applicant who otherwise does not meet the requirements for a Standard Certificate, but whose effectiveness is documented by the Department or other employing authority.

7.0 Certification Requirements for Those Public Education Employees Working in Adult Education Programs

7.1 In addition to the requirements in 6.0, a Public Education Employee teaching in Adult Education Programs shall hold a Bachelor's degree in Adult, Elementary, or Secondary Education from a regionally accredited college or university and meet one of the following specialized Adult Education preparation or experience requirements.

7.1.1 Satisfactory completion of six (6) semester hours of college level course work in adult education from an accredited college or university or,

7.1.2 Completion of six (6) approved courses or clusters in Adult Education under higher education or state education agency sponsorship or,

7.1.3 Completion of three (3) approved Adult Education credits and two (2) years of documented satisfactory internship or employment as a teacher, counselor, or administrator in an approved Adult Education program as documented by the program administrator.

7.1.4 A teacher of adults with special needs shall meet the requirements in 7.1 plus one college level course in the education of exceptional students and one year of documented satisfactory employment as a teacher, counselor or administrator in a program for exceptional students.

7.2 A Public Education Employee serving as an administrator in an Adult Education Program shall hold a Master’s Degree from a regionally accredited college or university and complete a minimum of three years of successful full time or part time experience in an adult education setting working as an administrator, coordinator or teacher. One year of the three years may be as an administrator in an alternative education or non traditional educational setting as long as the program is regularly organized and supported by State or federal funds. The Public Education Employee shall also complete 18 semester hours or its equivalent within a Master’s degree program or in addition to a Master’s Degree program of courses directly related to adult education and the adult learner.

7.3 A Public Education Employees working in Adult Education Programs as a classroom aide shall complete two (2) approved inservice credits in Adult Education or have staff development activities under the sponsorship of the Department or a higher education institution in addition to a high school diploma or GED.

8.0 Certification Requirements for Those Public Education Employees Working at the Department of Education.

In addition to the requirements in 6.0, persons employed by the Department of Education shall be certified by the Department for the position they hold at the Department.

9.0 Denial of Licenses and Certificates

9.1 The Department may refuse to issue an Initial License, Continuing License, Advanced License or a Standard or Emergency Certificate to an applicant upon a finding that the applicant fails to meet the statutory or regulatory requirements for a license or certificate.

9.1.1 Upon a finding that an applicant is unfit to be licensed or certified in the State, the Department may refuse to issue an Initial License, Continuing License or an Advanced License or a Standard or Emergency Certificate to an applicant who otherwise meets the requirements set forth herein.

9.1.2 Notwithstanding any other provisions stated herein no license or certificate shall be issued to an applicant for an Initial, Continuing or Advanced License or Standard or Emergency Certificate if:

9.1.2.1 There is legal evidence that the applicant is not of good moral character; or

9.1.2.2 The applicant has had a certificate or license revoked in another state for immorality, misconduct in office, incompetence, and willful neglect of duty, disloyalty or falsification of credentials.

9.1.3 The Secretary shall give written notice to the applicant of the denial and the reasons therefore. The notice of denial shall be sent by certified mail and shall give notice that a full and fair hearing may be requested before the Secretary within ten (10) days.

10.0 Revocation of Licenses and Certificates

10.1 An Initial, Continuing or Advanced License may be revoked upon the dismissal of the licensee or certificate holder for immorality, misconduct in office, incompetence, willful neglect of duty or disloyalty, or upon the license holder’s resignation or retirement pending dismissal for immorality, provided that clear and convincing evidence establishes the underlying misconduct, and shall be revoked upon a finding that the license or certificate holder made a materially false or misleading statement in his or her license or certificate application.

10.1.1 When any license or certificate holder is dismissed for immorality, the employing authority making such a determination shall, upon final decision, give written notice to the Associate Secretary for Assessment and Accountability.

10.1.2 When any license or certificate holder is dismissed for misconduct in office, incompetence, willful neglect of duty or disloyalty, the employing authority making such a determination may, upon final decision, give written notice to the Associate Secretary for Assessment and Accountability of its desire to request the revocation of that individual’s license or certificate.

10.1.3 When a license or certificate holder resigns employment or retires pending dismissal for immorality the employing authority upon accepting the resignation or retirement, shall give written notice to the Associate Secretary for Assessment and Accountability.

10.1.4 Upon receipt of written notification from the employing authority, the Associate Secretary for Assessment and Accountability shall give written notice to the license or certificate holder of the intended revocation and the reasons therefore. The notice of revocation shall be sent by certified mail and shall give notice that a full and fair hearing may be requested before the Secretary within thirty (30 days.

10.1.5 The Associate Secretary for Assessment and Accountability may initiate proceedings to revoke a license or certificate holder’s license or certificate when she/he has good reason to believe that clear and convincing evidence establishes that any of the following circumstances exist:

10.1.5.1 The license or certificate holder has been convicted of a crime which is evidence of immorality;

10.1.5.2 The license or certificate holder who is not employed by a public school district or charter school or other employing authority has resigned his/her employment or retired pending dismissal for immorality; or

10.1.5.3 The license or certificate holder has had a certificate or license revoked in another state for immorality, misconduct in office, incompetence, willful neglect of duty or disloyalty or falsification of credentials.

10.1.6 If the licensee fails to request a formal hearing before the Secretary within thirty (30) days of the notice of revocation, the Secretary shall send written notification by certified mail to the individual revoking his/her license.