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Regulatory Flexibility Act Form
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DEPARTMENT OF EDUCATION

Professional Standards Board

Statutory Authority: 14 Delaware Code, Sections 1203 and 1205(b) (14 Del.C. §§1203 and 1205(b))
14 DE Admin. Code 1521

PROPOSED

PUBLIC NOTICE

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

1521 Elementary Teacher

A. TYPE OF REGULATORY ACTION REQUESTED

Amendment to Existing Regulation

B. SYNOPSIS OF SUBJECT MATTER OF REGULATION

Pursuant to 14 Del.C. §§1203 and 1205(b), the Professional Standards Board, acting in consultation and cooperation with the Delaware Department of Education ("Department"), developed amendments to 14 DE Admin. Code 1521 Elementary Teacher. The regulation concerns the requirements for an Elementary Teacher Standard Certificate in accordance with 14 Del.C. §1220.

The proposed amendments include striking subsection 4.1.1.5 because the option to earn a degree in any content area and complete 15 credits or the equivalent in professional development in the area of the certificate does not apply to elementary teachers as they provide instruction in core content areas (14 Del.C. §1210(a)(1)). In addition, the proposed additional language in subsection 4.1.2.2 aligns with the date through which the assessment (ETS Test Code #7801) will be offered by ETS and the proposed amendment to subsection 4.1.2.4.3 is to strike an erroneous reference to ETS Test Code #7815. Other proposed amendments include clarifying changes in Section 1.0; striking two defined terms from Section 2.0 because the terms do not appear elsewhere in the regulation as a result of striking subsection 4.1.1.5; clarifying changes and removing the reference to Meritorious New Teacher Candidate Designation, which was through a reciprocal licensing agreement with other states that no longer exists, in Section 3.0; and clarifying changes in Sections 4.0, 5.0, 6.0, 7.0, and 9.0.

Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before August 3, 2020 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 amended regulation will help to improve student achievement as measured against state achievement standards.

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

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

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

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

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

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

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

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

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

1521 Elementary Teacher

1.0 Content

1.1 This regulation shall apply to the issuance of a Standard Certificate, an Elementary Teacher Standard Certificate pursuant to 14 Del.C. §1220(a), for Elementary Teacher. This Certification is required for grades K to 6.

1.1.1 Notwithstanding subsection 1.1, the Early Childhood Teacher Certification Standard Certification may be used for K to grade 2 in lieu of this Certification.

16 DE Reg. 757 (01/01/13)
21 DE Reg. 877 (05/01/18)
23 DE Reg. 866 (04/01/20)
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) 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.

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

21 DE Reg. 877 (05/01/18)
23 DE Reg. 866 (04/01/20)
3.0 Issuance of a Standard Certificate

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

3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License, or a 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 and holds a Valid and Current License or Certificate from Another State in elementary education; or education.

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 an Elementary 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, until the applicant provides evidence of the investigation's resolution.

7 DE Reg. 775 (12/01/03)
7 DE Reg. 1747 (06/01/04)
10 DE Reg. 100 (07/01/06)
14 DE Reg. 299 (10/01/10)
21 DE Reg. 877 (05/01/18)
23 DE Reg. 866 (04/01/20)
4.0 Prescribed Education, Knowledge, and Skill Requirements

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

4.1.1 The applicant shall have:

4.1.1.1 Obtained and currently maintain an Early Childhood/Generalist certificate from the National Board for Professional Teaching Standards; or

4.1.1.2 Completed Earned a bachelor's degree from a regionally accredited college or university with a Major or Its Equivalent in elementary education 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), or a state where the state approval body employed the appropriate standards; or

4.1.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach grades K to 6 as provided in 14 DE Admin. Code 1507 14 Del.C. §§1260 - 1266; or

4.1.1.4 Satisfactorily completed a Department-approved educator preparation program in elementary education; or education.

4.1.1.5 Completed a bachelor's degree from a regionally accredited college or university in any content area and satisfactory completion of fifteen (15) credits or the equivalent in Department-approved Professional Development related to elementary education of which at least six (6) credits must focus on pedagogy.

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 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 in consultation with the Department and subject to the Department's approval.

4.1.2 The applicant shall have achieved a Passing Score on one of the following examinations:

4.1.2.1 On the Praxis Subject Assessment - Elementary Education: Multiple Subjects (ETS Test Code # 5001), the applicant shall have achieved a Passing Score on each of the following subtests:

4.1.2.1.1 Reading and Language Arts Subtest (ETS Test Code # 5002) a Passing Score of 157; and

4.1.2.1.2 Mathematics Subtest (ETS Test Code # 5003) a Passing Score of 157; and

4.1.2.1.3 Social Studies Subtest (ETS Test Code # 5004) a Passing Score of 155; and

4.1.2.1.4 Science Subtest (ETS Test Code # 5005) a Passing Score of 159; or

4.1.2.2 On the Praxis Elementary Education: Content Knowledge for Teaching (ETS Test Code # 7801), the applicant shall have achieved a Passing Score on each of the following subtests prior to August 31, 2020:

4.1.2.2.1 Reading and Language Arts CKT Subtest (ETS Test Code # 7802) a Passing Score of 156; and

4.1.2.2.2 Mathematics CKT Subtest (ETS Test Code # 7803) a Passing Score of 143; and

4.1.2.2.3 Science CKT Subtest (ETS Test Code # 7804) a Passing Score of 144; and

4.1.2.2.4 Social Studies Subtest (ETS Test Code # 7805) a Passing Score of 155; or

4.1.2.3 On the Praxis Elementary Education: Content Knowledge for Teaching (ETS Test Code # 7811), the applicant shall have achieved a Passing Score on each of the following subtests:

4.1.2.3.1 Reading and Language Arts CKT Subtest (ETS Test Code # 7812) a Passing Score of 156; and

4.1.2.3.2 Mathematics CKT Subtest (ETS Test Code # 7813) a Passing Score of 143; and

4.1.2.3.3 Science CKT Subtest (ETS Test Code # 7814) a Passing Score of 144; and

4.1.2.3.4 Social Studies CKT Subtest (ETS Test Code # 7815) a Passing Score of 153; or

4.1.2.4 The applicant shall have achieved a Passing Score on each of the following subtests:

4.1.2.4.1 Praxis Subject Assessment - Elementary Education: Reading Language Arts Subtest (ETS Test Code # 5002) a Passing Score of 157 or Praxis Elementary Education: Content Knowledge for Teaching Reading and Language Arts CKT Subtest (ETS Test Code # 7802 or 7812) a Passing Score of 156; and

4.1.2.4.2 Praxis Subject Assessment - Elementary Education: Mathematics Subtest (ETS Test Code # 5003) a Passing Score of 157 or Praxis Elementary Education: Content Knowledge for Teaching Mathematics CKT Subtest (ETS Test Code # 7803 or 7813) a Passing Score of 143; and

4.1.2.4.3 Praxis Subject Assessment - Elementary Education: Social Studies Subtest (ETS Test Code # 5004) a Passing Score of 155 or Praxis Elementary Education: Content Knowledge for Teaching Social Studies Subtest (ETS Test Code #7805 or 7815) a Passing Score of 155 or Social Studies CKT Subtest (ETS Test Code # 7815) a Passing Score of 153; and

4.1.2.4.4 Praxis Subject Assessment - Elementary Education: Science Subtest (ETS Test Code # 5005) a Passing Score of 159 or Praxis Elementary Education: Content Knowledge for Teaching Science CKT Subtest (ETS Test Code # 7804 or 7814) a Passing Score of 144.

4.2 For an applicant who is applying for his or her second or subsequent holds at least one content area Standard Certificate, the applicant shall have achieved a Passing Score on one of the following examinations: an examination as provided in subsection 4.1.2.

4.2.1 On the Praxis Subject Assessment - Elementary Education: Multiple Subjects (ETS Test Code # 5001), the applicant shall have achieved a Passing Score on each of the subtests as provided in subsection 4.1.2.1; or

4.2.2 On the Praxis Elementary Education: Content Knowledge for Teaching (ETS Test Code # 7801), the applicant shall have achieved a Passing Score on each of the subtests as provided in subsection 4.1.2.2; or

4.2.3 On the Praxis Elementary Education: Content Knowledge for Teaching (ETS Test Code # 7811), the applicant shall have achieved a Passing Score on each of the subtests as provided in subsection 4.1.2.3; or

4.2.4 The applicant shall have achieved a Passing Score on each of the subtests as provided in subsection 4.1.2.4.

21 DE Reg. 877 (05/01/18)
23 DE Reg. 866 (04/01/20)
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 the Initial License, and the applicant shall also provide all required documentation for the License.

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

5.2.1 Evidence of obtaining and maintaining an Early Childhood/Generalist certificate from the National Board for Professional Teaching Standards, if applicable; and

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

5.2.2.1 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 Sealed paper transcripts may be submitted.

5.2.2.3 The Department will not accept copies of transcripts; and

5.2.3 If applicable, documents verifying successful completion of Professional Development; and

5.2.4 5.2.3 Official scores on the Praxis Subject Assessment or Praxis Elementary Education: Content Knowledge for Teaching 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 5.2.4 Additional documentation as required by the Department.

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

5.3.1 Official scores on the Praxis Subject Assessment or Praxis Elementary Education: Content Knowledge for Teaching as provided in subsection 4.2; and

5.3.2 Additional documentation as required by the Department.

5.4 For applicants who have met the requirements for licensure and hold a Valid and Current License or Certificate from Another State in elementary education, the following documentation is required in the application for a Standard Certificate for Elementary Teacher an Elementary Teacher Standard Certificate:

5.4.1 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

5.4.2 Additional documentation as required by the Department.

21 DE Reg. 877 (05/01/18)
23 DE Reg. 866 (04/01/20)
6.0 Validity of a Standard Certificate

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

6.2 A Standard Certificate for Elementary Teacher An Elementary Teacher Standard Certificate is not subject to renewal.

21 DE Reg. 877 (05/01/18)
7.0 Revocation of a Standard Certificate Disciplinary Action

7.1 An Educator's Elementary 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.

7.2 An Educator's Elementary Teacher Standard Certificate 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 7.3 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 14 DE Admin. Code 1515 Hearing Procedures and Rules.

21 DE Reg. 877 (05/01/18)
23 DE Reg. 866 (04/01/20)
8.0 Secretary of Education Review

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

21 DE Reg. 877 (05/01/18)
23 DE Reg. 866 (04/01/20)
9.0 Past Certificate Recognized

The Department shall recognize an Elementary Teacher Standard Certificate that was issued by the Department 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 an elementary teacher to teach elementary education.

7 DE Reg. 775 (12/01/03)
7 DE Reg. 1747 (06/01/04)
10 DE Reg. 100 (07/01/06)
Renumbered effective 6/1/07 - see Conversion Table
14 DE Reg. 299 (10/01/10)
16 DE Reg. 757 (01/01/13)
21 DE Reg. 877 (05/01/18)
23 DE Reg. 866 (04/01/20)
23 DE Reg. 986 (06/01/20) (Prop.)
 
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