DEPARTMENT OF EDUCATION
14 DE Admin. Code 106
Statutory Authority: 14 Delaware Code,
Section 122(e) (14 Del.C. §122(d))
ORDER REPEALING RULES AND REGULATIONS
Repeal Of Regulation 1505 Professional Growth Programs
I. Summary Of The Evidence And Information Submitted
The Professional Standards Board, acting in cooperation and consultation with the Department of Education, seeks the consent of the State Board of Education to repeal 14 DE Admin. Code 1505. It is necessary to repeal this regulation as it is effective through June 30, 2004 only. It will be replaced by 14 DE Admin. Code 1507 Professional Growth Salary Increments, which addresses movement by educators on the salary schedule set forth in 14 Del.C. §1305.
Notice of the proposed repeal of the regulation was published in the News Journal and Delaware State News on April 20, 2004, in the form hereto attached as Exhibit “A”. The notice invited written comments. No written comment has been received.
II. Findings Of Facts
The Professional Standards Board and the State Board of Education find that it is appropriate to repeal the regulation as the subject is regulated by 14 DE. Admin. Code 1507, which is in compliance with 14 Del.C. §1305.
III. Decision To Repeal The Regulations
For the foregoing reasons, the Professional Standards Board and the State Board of Education conclude the identified regulation should be repealed. Therefore, pursuant to 14 Del.C. §1203 and § 1205(b)., the regulation attached hereto as Exhibit “B” is hereby repealed.
IV. Text And Citation
The text of the DE Admin. Code 1505, attached hereto as Exhibit “B” is repealed, and said regulation shall be deleted from the Administrative Code of Regulations for the Department of Education.
V. Effective Date Of Order
The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.
APPROVED BY THE PROFESSIONAL STANDARDS BOARD THE 3RD DAY of JUNE, 2004.
Harold Roberts, Chair Leslie Holden
Sharon Brittingham Carla Lawson
Heath Chasanov Mary Mirabeau
Patricia Clements John Pallace
Edward Czerwinski Karen Schilling Ross
Karen Gordon Carol Vukelich
Barbara Grogg Geraldine A. Williams
FOR IMPLEMENTATION BY THE DEPARTMENT OF EDUCATION:
Valerie A. Woodruff, Secretary of Education
IT IS SO ORDERED This 17th Day Of June, 2004
STATE BOARD OF EDUCATION
Dr. Joseph A. Pika, President
Jean W. Allen, Vice President
Richard M. Farmer, Jr.
Mary B. Graham, Esquire
Dennis J. Savage
Dr. Claibourne D. Smith
1505 Professional Growth Programs (Effective through 6/30/04 only) 1.0 Content: This regulation shall apply to professional growth programs for educators, pursuant to 14 Del.C. §1305. 7 DE Reg. 161 (8/1/03) 2.0 Definitions: The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise: "Department" means the Delaware Department of Education. "Graduate level course" means any course to be used herein which is offered at a regionally accredited college or university that is considered graduate level at that institution. "Individual professional growth credits" means individual activities (i.e., projects, travel, and work experience) which contribute to the professional growth of the school employee in his/her assignment. "In-service credit" means credit offered by school districts, charter schools, Delaware educationally related organizations, the Department, or individual professional growth programs and approved by the state in-service committee. 7 DE Reg. 161 (8/1/03) 3.0 Credits. 3.1 Three (3) in-service credits will be allowed for each activity, for a maximum of nine (9) individual professional growth credits. Individual professional growth credits must have the prior approval of the Department and the local employing school district superintendent or charter school principal. A written evaluation report by the individual earning the credit shall be required at the conclusion of the activity. 3.2 Credit Calculation. 3.2.1 All credits must be expressed in terms of semester hours. College or university credits expressed in quarter hours and approved CEUs will be converted to semester hours by multiplying the number of quarter hours by two-thirds. In the case in-service credits, fifteen (15) clock hours of class time is considered the equivalent of one (1) credit. Credits earned for professional growth activities will be calculated in the same manner as in-service credits. 3.3 Acceptable Grades 3.3.1 All grades for college-level credit submitted for a professional growth program must be a grade that earns a "C" or better from the granting institution. In the case of credits earned on a pass-fail basis, a grade of pass is acceptable. 3.4 Acceptable Credits 3.4.1 Credits for the professional growth programs (B+15, B+30, M+15, M+30, M+45) shall be earned after the Bachelor's degree has been conferred. They may be graduate, undergraduate, or in-service. CEUs from regionally accredited colleges can also be used (1 CEU = 10 clock hours = 2/3 semester hour) 3.4.2 Up to nine (9) individual professional growth credits may be counted from the B+15 through the M+45. 3.4.3 Undergraduate and graduate credits must be earned at regionally accredited institutions of higher learning. Any credits not counted toward a graduate degree shall be counted in the B+15, B+30, M+15, M+30, M+45 programs. 3.4.4 Undergraduate, in-service, and individual professional growth credits shall have the prior approval of the employing local district superintendent/designee before submission to the State Office of Certification. These credits shall be relevant and usable to the applying employee. 3.4.5 For Trade and Industry teachers, a Bachelor's degree equivalent shall be two years of college and six years of work experience (14 Del.C. §1301). 3.5 Salary Increment. 3.5.1 An applicant shall hold a Delaware Standard or Limited Standard license before a Professional Growth Program salary increment can be approved. 3.6 Admittance to Graduate School: Applicants for a professional growth program need not be admitted to a graduate school in order to have graduate level courses accepted for these programs. 3.7 Acceptable Professional Degrees 3.7.1 Professional degrees earned in areas other than professional education will not be accepted for the professional growth program unless the degree is directly related to an area of specialty in which the individual is employed. 3.7.2 To be counted for the professional growth program, a degree for any individual involved in instruction, curriculum, or the supervision of instruction must be a degree in professional education. 3.7.3 Individual courses in any area may be considered for acceptance in the professional growth program upon receipt of a written rationale from the applicant with an endorsement by his/her local employing school district superintendent. 3.8 Usable Credits. 3.8.1 All credits and programs to be accepted for the professional growth program/state supported salary increments shall be relevant and usable to the professional school employee and may be approved or disapproved by the local employing school district superintendent. 3.9 Excess Graduate Level Credits. 3.9.1 Graduate level credits earned after a Bachelor's degree or before earning a Master's degree may be used in the B+15 and the B+30 professional growth programs so long as the same credit is used only one time. Credits earned in excess of those required for the Master's degree by the granting institution can be used in a M+15, M+30 and M+45 professional growth program. 3.10 Effective Date of Salary Adjustment 3.10.1 The salary adjustment shall be made after the evaluation and approval of the candidate's application by the Office of Professional Accountability. The adjustment will be authorized to be made retroactive to the first of the month following the date certified by transcript, official grade slip, or approved in-service slip, as to when the program or credit was completed. 3.10.2 Retroactive salary adjustment may be by a single payment or by payments divided equally among all the pay periods remaining in a current fiscal year as may be determined by the district or state fiscal officers. 3.11 Appeals Committee. 3.11.1 A committee shall be called to review and make recommendations regarding an appeal that may result as these rules are administered. The committee shall include the following: one (1) representative from the professional organization which represents the applicant, one (1) staff member from the Department; and one (1) representative from the Chief School Officers organization. 3.12 Application Procedures 3.12.1 The applicant shall secure the proper form from the local school district office, complete the form, and return it to his/her school district office for transmittal to the Office of Professional Accountability. 3.12.2 The applicant shall arrange for the appropriate authority or institution to provide verification, if needed, regarding graduate level of courses or any other information that might be needed to support his/her application for the professional growth program. 3.12.3 Application for evaluation shall not be submitted prior to the completion of the professional growth program. 3.13 A salary increment for fiscal year 2004 (July 1 - June 30) based upon approval of the application must be received in the Office of Professional Accountability by June 1. This cut-off date is necessary to allow adequate time for evaluation and notification to the district payroll office for salary adjustment. No salary credit shall be retroactive into a prior fiscal year. 7 DE Reg. 161 (8/1/03)
8 DE Reg. 78 (7/1/04)