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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2019

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14 DE Admin. Code 1517
The Professional Standards Board, acting in consultation and cooperation with the Delaware Department of Education ("Department"), developed amendments to 14 DE Admin. Code 1517 Paraeducator Permit. The regulation applies to the issuance of a paraeducator permit pursuant to 14 Del.C. §1205(b). On August 1, 2018, the Professional Standards Board published proposed changes. The Professional Standards Board did not receive any written submittals concerning the changes that were published on August 1, 2018. However, the Professional Standards Board, in consultation and cooperation with the Department, made additional substantive changes, including adding definitions of the terms "DEEDS" and "PDMS" to Section 2.0; adding subsections 3.1.3.1, 4.1.3.1, and 5.1.3.1 concerning the requirements for paraeducators whose permits have expired more than one time; clarifying the requirements for renewal in Section 7.0; and clarifying the language concerning professional development transcripts in subsection 8.2. This regulation includes the changes that were published on August 1, 2018 and the additional changes.
Notice of the proposed regulation was published in the Register of Regulations on October 1, 2018. The Professional Standards Board received written submittals from Ann C. Fisher, the Chairperson of the Governor's Advisory Council for Exceptional Citizens ("GACEC"), and Nicholas J. Fina, Ed.D., the Chairperson of the State Council for Persons with Disabilities ("SCPD").
On November 1, 2018, the Professional Standards Board considered GACEC's and SCPD's written submittals. The Professional Standards Board found that the language in subsection 3.2.1.2, which is existing language, is in place to help ensure that an applicant's ParaPro Assessment score is sent from a legitimate source, i.e., the test provider, ETS, and that the language provides that the Department with the discretion to accept documentation of an applicant's score if it is in an unopened, unaltered envelope. In addition, the Professional Standards Board found that misconduct is defined in a statute (14 Del.C. §1218), it includes pleading guilty or nolo contendere with respect to, or being convicted of, a controlled substance or counterfeit controlled substance classified as such in Schedule I, II, III, IV, or V of 16 Del.C. Ch. 47, and marijuana is classified as a Schedule I controlled substance under Title 16. The Professional Standards Board is charged with working in conjunction with the Department to develop a system of professional development, professional standards, licensure, and certification that serves to continually improve the quality of instruction for Delaware's children. The Professional Standards Board also found that denial of an application; suspension, limitation, and revocation of a permit; and hearings are addressed in other regulations in 14 DE Admin. Code Ch. 1500 Professional Standards Board.
On November 1, 2018, the Professional Standards Board found that further changes in response to the written submittals were not necessary and voted to propose 14 DE Admin. Code 1517 Paraeducator Permit, in the form that was published, for adoption by the Department subject to the State Board of Education's approval.
The Department finds that the language in subsection 3.2.1.2 is existing language that provides the Department with the discretion to accept documentation of an applicant's ParaPro Assessment score if it is in an unopened, unaltered envelope. Additionally, the Department finds that misconduct is defined in 14 Del.C. §1218, it includes pleading guilty or nolo contendere with respect to, or being convicted of, a controlled substance or counterfeit controlled substance classified as such in Schedule I, II, III, IV, or V of 16 Del.C. Ch. 47, and marijuana is classified as a Title 16 Schedule I controlled substance. Also, the Department finds that denial of an application; suspension, limitation, and revocation of a permit; and hearings are addressed in other regulations in 14 DE Admin. Code Ch. 1500 Professional Standards Board.
The Department finds that further changes in response to the written submittals are not necessary. Additionally, the Department finds that the proposed regulation is necessary to implement 14 Del.C. Ch. 12 and is designed to improve the quality of the Delaware paraeducator workforce and to improve student performance. Accordingly, the Department finds that it is appropriate to amend 14 DE Admin. Code 1517 Paraeducator Permit.
For the foregoing reasons, the Department concludes that it is appropriate to amend 14 DE Admin. Code 1517 Paraeducator Permit subject to the State Board of Education's approval. Therefore, pursuant to 14 Del.C. §§1203 and 1205(b), 14 DE Admin. Code 1517 Paraeducator Permit attached hereto as Exhibit "A" is hereby amended.
The text of 14 DE Admin. Code 1517 Paraeducator Permit adopted hereby shall be in the form attached hereto as Exhibit "A," and said regulation shall be cited as 14 DE Admin. Code 1517 Paraeducator Permit in the Administrative Code of Regulations for the Department of Education.
The actions hereinabove referred to were taken by the Department pursuant to 14 Del.C. §§1203 and 1205(b) on December 20, 2018. The effective date of this Order shall be ten (10) days from the date this Order is published in the Register of Regulations.
IT IS SO ORDERED the 20th day of December, 2018.
Department of Education
Approved this 20th day of December, 2018.
State Board of Education
This regulation shall apply to the issuance of a Paraeducator Permit, paraprofessional qualifications and training pursuant to 14 Del.C. §1205(a)(b). This Permit is required of Title I Paraeducators, Instructional Paraeducators, and Service Paraeducators who are employed, either full time or part time, in support positions in public schools. This Permit is required of all Paraeducators, regardless of their employment date.
"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 Department that includes specific details about the activity to be used for Permit renewal and the signature of an instructional leader within a school, district or charter school the applicant is responsible to.
"A Product Shall Be Made Available for Verification" means that the culminating, tangible result of the 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, standards-based assessments or curriculum, copies of a presentation or other substantial work as a result of Action Research.
"Associate's Degree" means an academic degree awarded for the successful completion of a program of studies that usually requires at least 2 years or the equivalent thereof of full-time college-level study.
Associate's or Higher Degree means that the degree is conferred by a regionally accredited institution of higher education or by a distance education institution that is regionally accredited, or any other accrediting agency the Delaware Secretary of Education deems within his or her discretion, to be reliable or equivalent to a regional accrediting agency.
"Clock Hour" means actual time spent in Professional Development, not credit hours.
Completed at Least 2 Years of Study at an Institution of Higher Education means the satisfactory completion of a minimum of sixty (60) semester hours of instruction at a regionally accredited institution of higher education or by a distance education institution that is regionally accredited, or any other accrediting agency the Delaware Secretary of Education deems within his or her discretion, to be reliable or equivalent to a regional accrediting agency, in general or educational studies, including reading, writing, and mathematics content and pedagogy, unless the institution of higher education defines two (2) years of full time study as the successful completion of a minimum of forty-eight (48) semester hours, and provides documentation of such definition.
DEEDS” means the Delaware Educator Data System.
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.
Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator or paraeducator and may reasonably be found to impair an educator’s or paraeducator’s effectiveness by reason of his or her unfitness or otherwise.
Instructional Paraeducator” means a public school employee who provides one-on-one or small group instruction; assists with classroom management or individual student behavior; provides assistance in a computer laboratory; provides support in a library or media center; assists in training and support with functional skill activities, such as personal care or assistive technology; or provides instructional services to students under the direct supervision of a teacher. Instructional Paraeducators are those working with regular education students and students with disabilities in schools other than Title I schoolwide schools or with students not receiving Title I services in Title I targeted assistance schools.
Paraeducator, as used herein, means a paraprofessional, as it is defined in 14 Del.C. §1202(10) and as it is used in 14 Del.C. §1205(b). Paraeducators are not "educators" within the meaning of 14 Del.C. §1202(4)(6).
PDMS” means Professional Development Management System.
Permit” means a document issued by the Department that verifies an individual's qualifications and training to serve as a Title I, Instructional, or Service Paraeducator.
"Planned Professional Development Program" means a structured program within a building, district or charter school that has been specifically identified through a success plan. Such programs shall be designed to enhance 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 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.
Secretary” means the Secretary of the Delaware Department of Education.
Service Paraeducator” means a public school employee who provides support services other than instructional assistance to students, but does not include bus aides (See 14 DE Admin. Code 1105).
Standards Board” means the Professional Standards Board of the State of Delaware as established in response pursuant to 14 Del.C. §1205 Ch. 12.
State Board means the State Board of Education of the State of Delaware established in response pursuant to 14 Del.C. §104.
Title I Paraeducator” means a public school employee who provides one on one or small group instruction; assists with classroom management; provides assistance in a computer laboratory; provides support in a library or media center; or provides instructional services to students under the direct supervision of a teacher. Additionally, Title I Paraeducators are all Instructional Paraeducators who work with regular students and children with disabilities in Title I schoolwide schools and all Title I Paraeducators who work with children receiving Title I services in Title I targeted assistance schools, except those whose duties are limited to acting as a translator or as a home school liaison.
3.0 Issuance of Title I Paraeducators and Instructional Paraeducators Paraeducator Permits
3.1 A Title I Paraeducator must hold a Title I Paraeducator Permit. An Instructional Paraeducator must hold an Instructional Paraeducator Permit.
3.1.1 In accordance with 14 Del.C. §1205(a)(b), the Department shall issue a Title I Paraeducator Permit to an otherwise qualified applicant who has not engaged in misconduct in violation of 14 Del.C. §1218 and has met one of the following requirements:
3.1.1.1 The applicant holds a high school diploma or its recognized equivalent and achieved a passing score of 459 or higher on the ParaPro Assessment; or
3.1.1.13.1.1.2 Completion of at least two (2) years of study in general or educational studies at an institution of higher education The applicant completed at least two (2) years of instruction in general or educational studies at a regionally accredited institution of higher education or an institution of higher education that is accredited by an accrediting agency that the Secretary, in his or her discretion, deems to be equivalent to a regional accrediting agency. For the purpose of this subsection, two (2) years of instruction means a minimum of sixty (60) semester hours unless the applicant provides documentation that the institution of higher education defines two (2) years of full-time study as the successful completion of a minimum of forty-eight (48) semester hours. In addition, applicants shall have earned a “C” or better in each course they seek to have counted toward the minimum semester hours required. Developmental level or remedial courses shall not be included in the calculation of semester hours; or
3.1.1.23.1.1.3 Receipt of The applicant holds an associate's or higher degree; or Associate’s Degree or higher conferred by a regionally accredited institution of higher education or an institution of higher education that is accredited by an accrediting agency that the Secretary, in his or her discretion, deems to be equivalent to a regional accrediting agency.
3.1.2 In accordance with 14 Del.C. §1205(a), the Department shall issue an Instructional Paraeducator Permit to an otherwise qualified applicant who has met the following:
3.2 Application Requirements and Procedures.
3.2.1 The An applicant must for a Title I Paraeducator Permit shall submit a Department approved application, his or her official transcript, and, if applicable, his or her official score on the ParaPro Assessment to the Department. The applicant must include official transcripts and when required official scores on an approved assessment of knowledge of, and the ability to assist in, the instruction in reading, writing, and mathematics. The applicant shall certify that answers on the application are true and accurate.
3.2.1.1 Official transcripts shall be forwarded directly from the issuing institution or by the applicant in an unopened, unaltered envelope. Official electronic transcripts forwarded directly to the Department from the issuing institution shall be accepted by the Department. Copies of diplomas and degrees shall not be accepted by the Department.
3.2.1.2 Test ParaPro Assessment scores shall be official and sent directly from Educational Testing Service or other test vendor (ETS). Unopened, unaltered envelopes containing test scores sent to an individual the applicant may be accepted as official. The Department shall determine whether the scores, as presented, are acceptable.
4.1.1 In accordance with 14 Del.C. §1205(b), the Department shall issue an Instructional Paraeducator Permit to an otherwise qualified applicant who has not engaged in misconduct in violation of 14 Del.C. §1218 and has met one of the following requirements:
4.05.0 Issuance of Service Paraeducators Paraeducator Permits
4.15.1 All Service Paraeducators Must Hold the Appropriate Permit in accordance with 14 Del.C. §1205(a) A Service Paraeducator must hold a Service Paraeducator Permit.
5.1.1 In accordance with 14 Del.C. §1205(b), the Department shall issue a Service Paraeducator Permit to an otherwise qualified applicant who has not engaged in misconduct in violation of 14 Del.C. §1218 and holds a high school diploma or its recognized equivalent.
5.06.0 Validity
5.1 Unless stated otherwise herein, a Title I, Instructional, or Service Paraeducator Permit shall be valid for five (5) years from the Date of Issuance unless revoked.
6.08.0 Options for Renewal
6.18.1 Options for Renewal: are listed in Sections 6.2 and 6.3. These The professional development activities listed in subsection 8.2 of this regulation are approved options for the renewal of a Paraeducator Permit. Unless otherwise stated, there is no limit to the number of hours that may be taken in any of the options. listed below:
The completed Activity Documentation Form and conference agenda listing the Presentation shall be presented to the Department.
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.
7.09.0 Criminal Conviction History
7.19.1 An applicant shall disclose his or her criminal conviction history upon application for any Paraeducator Permit.
7.29.2 Failure to disclose a criminal conviction history is grounds for denial or revocation of a Paraeducator Permit as specified in 14 Del.C. §1219.
Last Updated: December 31 1969 19:00:00.
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