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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2016

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Regulatory Flexibility Act Form

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14 DE Admin. Code 1506
A. Type of Regulatory Action Required
B. Synopsis of Subject Matter of the Regulation
The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 1506 Emergency Certificate. This regulation is being amended to provide current formatting and to eliminate unnecessary language, as well as to allow the Department of Education the ability to process some Emergency Certificates automatically for those enrolled in an approved Alternate Routes program.
1. Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation addresses student achievement by establishing standards for the issuance of a standard certificate to educators who have acquired the prescribed knowledge, skill, and/or education to practice in a particular area, to teach a particular subject, or to instruct a particular category of students to help ensure that students are instructed by educators who are highly qualified.
2. Will the amended regulation help ensure that all students receive an equitable education? The amended regulation helps to ensure that all teachers employed to teach students meet high standards and have acquired the prescribed knowledge, skill, and/or education to practice in a particular area, to teach a particular subject, or to instruct a particular category of students.
3. Will the amended regulation help to ensure that all students’ health and safety are adequately protected? The regulation is related to the Professional Standards Board and does not directly affect any changes to the protection of students’ health and safety.
4. Will the amended regulation help to ensure that all students’ legal rights are respected? The regulation is related to the Professional Standards Board and does not directly affect any changes to students’ legal rights.
2.1 The definitions set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference.
Certified means holding a certificate in a specific content area at designated grade levels.
“Credentialed” means holding an active license and an active certificate in a specific content area at appropriate grade levels.
Emergency Certificate means a temporary credential issued to an individual educator who has obtained employment or an offer of employment with an employing authority and holds a valid Delaware Initial, Continuing, or Advanced License, but lacks necessary skills and knowledge to immediately meet certification requirements in a specific content area. The temporary credential provides the individual educator with a limited time to meet the requirements for certification in the specific content area.
Exigent Circumstances means unanticipated circumstances or circumstances beyond the educator's control, including, but not limited to, serious illness of the educator or a member of his/her immediate family, activation to active military duty, and other serious emergencies which necessitate the educator's temporarily leaving active service.
Satisfactory Evaluation means the overall rating of "Highly Effective" or "Effective" on the DPAS-II Ssummative Eevaluation or other Department-approved evaluation system.
3.1 Upon receipt of a completed application from the employing authority, the Department may issue an Emergency Certificate to an individual educator who holds a valid Delaware Initial, Continuing, or Advanced License, but who is not eligible for certification in the area of need.
3.1.2 The Emergency Certificate is issued for a particular one school year and expires on June 30th unless a limited extension is granted.
3.1.3 The Department may grant a limited extension second-year Emergency Certificate if the individual educator has met the requirements for an extension outlined in Section 6.0 of this regulation.
3.52 Notwithstanding the foregoing, an Emergency Certificate issued to an individual educator in a Skilled and Technical Sciences specific career area is valid for up to six (6) years to provide time for completion of specified college level course work or professional development required for certification.
3.63 Notwithstanding the foregoing, an Emergency Certificate issued to an individual educator in an alternative routes for to teacher licensure and certification program shall be valid for the time specified in 14 Del.C. §1260 and 14 DE Admin. Code 1507 Alternative Routes to Teacher Licensure and Certification.
3.7.1 Upon application by a new employing authority, the Department may approve the transfer of the Emergency Certificate if the following requirements are met:
3.8.1 The Emergency Certificate may be valid for up to two (2) consecutive school years. An employing authority must request an extension of the Emergency Certificate prior to June 30th.
3.8.3 Prior to June 30th, the employing authority shall review the Emergency Certificate and if considered necessary, the employing authority may apply to the Department for an extension for an additional school year.
3.9.1 As a condition of the individual receiving an emergency certificate, an employing authority shall within sixty (60) days of the assignment notify the parents of the students within the educator's responsibility of the emergency certification.
3.9.3 A copy of the employing authority letter shall be on file with the Department.
4.1.21 Establish that the proposed recipient of an Emergency Certificate is competent by submitting evidence of the individual's educator’s license and other considerations. The evidence must establish that the employing authority conducted a meaningful review of the individual's competence and may include, but is not limited to, evidence of course work or work experience in the area for which the Emergency Certificate is requested.
4.1.32 Apply for the Emergency Certificate within sixty (60) calendar days of the individual's educator’s hire or new job assignment.
4.1.4 Set forth a written plan with the application of the Emergency Certificate, verified by the individual and the employing authority. The plan must be designed to support and assist the individual in achieving the skills and knowledge necessary to meet the applicable certification requirements. The written plan is subject to Department approval. The written plan shall contain at a minimum the following:
5.1.2 Document the progress made by the recipient of the Emergency Certificate toward fulfilling the written plan established by the employing authority and approved by the Department to meet the applicable certification requirements and any amendments to the written plan including but not limited to change in courses, providers, or time frames.
6.0 Expiration Second Year Reissue of Emergency Certificate
6.1 Prior to the expiration of an Emergency Certificate, the individual shall meet the requirements for issuance of a Standard Certificate (See 14 Del.C. §1505). If the educator does not meet all Standard Certificate requirements during the first school year, the employing authority may apply for a second-year of the Emergency Certificate in the same area.
6.2 If no action is taken by the employing authority prior to the deadline, an Emergency Certificate automatically expires on June 30th. The Department may issue a second-year Emergency Certificate if the following requirements are met:
6.3 Emergency Certificates that have expired may not be extended. For an employed educator enrolled in an approved alternative route to licensure and certification program, the Department may issue a second-year of the Emergency Certificate if requirements in subsection 6.2.2 have been met.
The Department may approve the transfer of an Emergency Certificate from one employing authority to another if the new employing authority conducts an independent review of the educator’s progress towards a Standard Certificate and assumes the commitments and responsibilities of an employing authority within this regulation.
79.0 Revocation of Emergency Certificate
79.1 An Emergency Certificate shall be revoked in the event the educator's Initial, Continuing, or Advanced License is revoked in accordance with 14 DE Admin. Code 1514.
79.1.1 An educator is entitled to a full and fair hearing before the Standards Board.
79.1.2 Hearings shall be conducted in accordance with the Standards Board's Hearings Procedures and Rules.
Last Updated: December 31 1969 19:00:00.
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