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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2017


Regulatory Flexibility Act Form

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14 DE Admin. Code 1511
The Professional Standards Board, acting in cooperation and collaboration with the Department of Education, seeks the consent of the State Board of Education to amend regulation 14 DE Admin. Code 1511 Issuance and Renewal of Continuing License. This regulation requires changes to bring Regulation 1511 into alignment with the new four-tier licensure system which was a result of Senate Bill 290.
"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 Standards Board that includes specific details about the activity to be used for License renewal and the signature of an instructional leader within the Professional Learning Community, or a school, district or charter school instructional leader the applicant is responsible to.
"Approved Mentoring Program" means a mentoring program approved by either the Department or the Standards Board.
"A Product Shall Be 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 a publication, a Professional Learning Community protocol, standards-based assessments or curriculum, copies of a presentation or other substantial work as a result of Action Research.
"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 Standards Board and the State Board.
“College Credit" means graduate or undergraduate level course work and continuing education units (CEUs) completed at, or through, a regionally accredited college or university or other approved provider.
"Cooperating Teacher or Intern Supervisor" means an individual working with student teachers or graduate or undergraduate interns as part of a state approved educator preparation program.
"Curriculum or Assessment Development" means work with a local, state, national, or international education agency, Professional Learning Community, or organization designing curriculum or assessments for improved educational practice in an area related to an individual's professional responsibilities.
"Delaware Administrator Standards" means standards for education administrators approved by the Professional Standards Board and the State Board of Education, as per 14 DE Admin. Code §1590, Delaware Administrator Standards.
"Delaware Professional Teaching Standards" means standards of teaching approved by the Professional Standards Board and the State Board of Education, as per 14 DE Admin. Code §1597, Delaware Professional Teaching Standards.
"Department" means the Delaware Department of Education.
"DPAS II" means Delaware Performance Appraisal System II, an approved state State educator performance evaluation system pursuant to 14 Del.C. Chapter 12, Subchapter VII.
"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 directly related to the individual's professional responsibilities, including a final product to be used to enhance the individual's work.
"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 Standards Board and approved by the State Board. 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, or and management companies.
"Exigent Circumstances" means unanticipated circumstances or circumstances beyond the educator's control, including, but not limited to, expiration of an Initial or Continuing a license during the school year, serious illness of the educator or a member of his/her his or her immediate family, activation to active military duty, and other serious emergencies which necessitate the educator's temporarily leaving active service.
"Experienced Educator" is an educator who holds a Continuing or Advanced License, or an educator who held a Professional Status Certificate issued prior to August 1, 2003. An educator from another jurisdiction who has completed three (3) four (4) or more years of successful teaching may be considered an experienced educator.
"Formal Study Group" means documented participation in a study group, related to an individual's professional responsibilities, such as reviewing, discussing, and implementing strategies from a book or creating a group product as part of an action research project, as a form of professional development.
“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.
"Initial License" means a license issued as part of the three four tiered licensure system set forth in 14 Del.C. §1210A.
"Knowledge and Skills" means understandings and abilities that, when acquired by educators, lead to more effective instruction.
"Leave of Absence" means an authorized, temporary break in service of an educator for a maximum of three (3) years during the term of an Initial or Continuing License caused by the educator not actively working due to some type of leave, including but not limited to medical leave, military leave, personal leave, sabbatical leave or Family and Medical Leave Act (FMLA) leave.
"Mentoring" means activities, training and service in mentoring support or assistance provided through a formally organized Department approved mentoring comprehensive induction program or such supplemental mentoring programs as required by regulation or the educator's employing authority. Mentoring includes, but is not limited to the mentoring programs that occurs in the approved comprehensive induction programs required for educators during their one (1) year Provisional Licensure period, a three (3) followed by a four (4) year Initial Licensure period, a Continuing Licensure period, or any other mentoring program as required by law.
"NBPTS or Similar National Certification" means a certificate from the National Board for Professional Teaching Standards, or similar body as approved by the 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.
"Out of the Profession" means the period of time that an educator has not been actively working in the field of education.
"Peer Coaching" means training and service as a peer coach or peer assistant in a formally organized and approved state or school district peer coaching or peer assistance program.
"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/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.
"Professional Development Activities" means activities designed to enhance knowledge and skills to promote continuous professional growth and to improve educator performance.
"Professional Development Cluster" or "Cluster" means a focused group of professional development activities that leads to measurable and observable knowledge and skills.
"Professional Learning Community (PLC)" consists of a minimum of four (4) educators with the following attributes: supportive and shared leadership, collective creativity, shared values and vision, supportive conditions, shared personal practice, and whose focus over an extended period of time is on improving student learning with an accountability measure built into their process. An extended period of time would be considered a minimum of ten (10) consecutive weeks and a minimum accumulation of fifteen (15) clock hours.
"Professional Programs or Committees" means job related service, designed to enhance the profession.
"Program" means an activity with a cohesive educational plan of action with goals and objectives.
"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.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1041201.
"State" means State of Delaware.
"State Board" means the State Board of Education of the State of Delaware established in response pursuant to 14 Del.C. §104.
"Teaching Experience" means meeting students on a regularly scheduled basis, planning and delivering instruction, developing or preparing instructional materials, and evaluating student performance under a State credential in any PreK to 12 public school setting or as approved by the Department.
3.1 In accordance with 14 Del.C. §1211, the Department shall issue, upon application, a Continuing License to a qualified educator who has successfully completed the requirements under the of initial licensure as set forth in 14 Del.C. §1210A and §1211 and has not received more than 1 unsatisfactory annual evaluation, as defined by DPAS II or a state-approved alternative educator evaluation system, during the periods of provisional licensure, if applicable, and initial licensure.
3.2 An applicant for a Continuing License shall submit a complete application on the Department approved application form to the Department. Verification by the school district, or charter school, or other employing authority of satisfactory DPAS II annual summative evaluations or the equivalent thereof on a state-approved alternative educator evaluation system for the period of provisional licensure, if applicable, and initial licensure shall be submitted with an initial application for a Continuing License.
3.3 An applicant with more than one (1) unsatisfactory DPAS II annual summative evaluation or the equivalent thereof on a state-approved alternative educator evaluation system during the period of provisional licensure, if applicable, and initial licensure is ineligible to be issued a Continuing License.
3.5.1 The Department shall may issue a Continuing License to a qualified applicant currently licensed as an educator in another jurisdiction who provides evidence of having completed three (3) 4 or more years of successful teaching experience with the following conditions:
3.5.1.1 The educator may demonstrate three (3) 4 years of successful teaching experience by submitting documentation to the Department or employing authority of a minimum of three (3) 4 years of teaching experience and of having received at least two (2) satisfactory evaluations from the other jurisdiction that the Department or employing authority finds are the equivalent of the two (2) satisfactory summative evaluations required of a Delaware educator.
3.5.1.2 If the educator has been out of the profession for more than three (3) 4 years, the educator must meet the following as a condition of maintaining the original Continuing License:
3.6 A Continuing License is valid for five (5) years unless extended pursuant to 14 Del.C. §1216 or revoked or suspended for cause, as defined in 14 Del.C. §1218, or suspended for failure to meet the other conditions of maintaining a License.
4.1.1 In accordance with 14 Del.C. §1215, the Department may shall issue an original Continuing License to qualified educator who holds a Delaware certificate issued by an education certifying board prior to July 13, 1971 or who previously held a valid Delaware Standard or Professional Status certificate that has expired.
4.3 A Continuing License is valid for five (5) years unless extended pursuant to 14 Del.C. §1216 or revoked or suspended for cause, as defined in 14 Del.C. §1218, or suspended for failure to meet the other conditions of maintaining a License.
5.1 In accordance with 14 Del.C. §1212, the Department shall renew a Continuing License, valid for an additional five (5) years, to a qualified educator who has fulfilled the ninety (90) clock hour requirement for professional development and other requirements of this regulation. At least one half of the required hours [forty-five (45) hours every five (5) years] for educators shall be in activities that relate to the educator's work with students or staff. Satisfactory evidence of such completion, as set forth in Section 15.0 or Section 16.0, shall be submitted to the Department with the application for renewal. The ninety (90) clock hours of professional development shall have taken place during the term of the Continuing License.
5.2.1.4 A Continuing License is valid for five (5) years unless extended pursuant to 14 Del.C. §1216 or revoked or suspended for cause, as defined in 14 Del.C. §1218 or suspended for failure to meet the other conditions of maintaining a License.
Candidates for renewal of a Continuing License may select from a variety of professional development options, as set forth in the relicensure options approved by the Professional Standards Board, set forth in Section 14.0 and in Section 15.0 and contained in the Guidelines for Renewal of a Continuing License. The activities selected must be beyond the normal or specified requirements of the position. Professional development activities which fulfill the criteria for relicensure for which educators receive compensation may be submitted in fulfillment of the ninety (90) clock hour requirement for relicensure. Graduate credits used to satisfy the ninety (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, if they meet the requirements set forth in 14 DE Admin. Code 1502. The activities or options used to satisfy the ninety (90) clock hour requirement for license renewal may be part of an approved professional development cluster eligible for a salary supplement.
8.1 The Department may extend a Continuing License for a period not to exceed one (1) year, upon the educator license holder’s showing of exigent circumstances warranting the necessity of such extension.
8.1.1 The expiration of an educator's License before the end of the school year shall be considered an exigent circumstance; however the educator's License may only be extended to the end of that current school year. A license holder whose Continuing License expires during the school year may have the Continuing License extended until the last day of the fiscal year upon a request from the district superintendent or charter school administrator. This extension shall be considered an exigent circumstance and shall not exceed 1 year in length.
9.1 An At the discretion of the hiring district or charter school, an educator may take an authorized a leave of absence of up to three years with no effect upon the validity or expiration of the Continuing License. The date of expiration of the Continuing License will be extended commensurate with the length of the leave of absence.
9.1.3 9.2 The Department may require that the educator provide documentation sufficient to establish the authorized leave of absence.
9.1.4 9.3 An educator's Continuing License shall not be automatically extended under this section and the burden is on the educator to make proper application submit an extension request with sufficient documentation to the Department and to establish the authorized leave of absence.
10.1 An applicant shall disclose his or her criminal conviction history upon application for a Continuing License, or within ninety (90) days prior to the expiration of a Continuing License if the applicant requests the renewal of their his or her Continuing License, or upon application of renewal of an expired Continuing License. Failure to disclose a criminal conviction history is grounds for denial or revocation of a Continuing License as specified in 14 Del.C. §1219.
This regulation shall apply to all requests for Continuing License, issuance and renewal, except as specifically addressed herein.
11.1 Effective February 11, 2010, as educators receive either their original Continuing License or as they renew their Continuing License, only the Options listed in Section 15.0 shall be valid.
The Secretary of Education may, upon the written request of the superintendent of a local public school district or charter school administrator or other employing authority, review licensure 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 local public school district or charter school administrator or other employing authority.
14.0 Continuing License Options; Options for Relicensure
A certificate of participation or the completed Activity Documentation Form shall be presented which documents the goals and results of the Action Research as an individual or as a member of a Professional Learning Community.
The Activity Documentation Form shall be completed by the Higher Education Director of field-based studies.
The completed Educational Travel Activity Documentation Form* is required in addition to the required post-travel documents and subsequent PDAC approval letter.
The completed Activity Documentation Form is required.
NBPTS Certification or a National Certification as specified in 14 Del.C. §1305(l)
Educators will use the Activity Documentation Form for the hours accrued in addition to the certificate attesting to their application to the national certification agency.
A certificate of participation or a completed Activity Documentation Form shall be presented.
The completed Activity Documentation Form* is required.
The original certificate of attendance or completion and the completed Activity Documentation Form with examples of expected outcomes shall be presented.
Last Updated: December 31 1969 19:00:00.
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