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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2017


Regulatory Flexibility Act Form

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14 DE Admin. Code 1512
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 1512 Issuance and Renewal of Advanced License. This regulation requires changes to bring Regulation 1512 into alignment with the new four-tier licensure system which was a result of Senate Bill 290.
"Department" means the Delaware Department of Education.
"Educator" means a person licensed and certified by the State under 14 Del.C. Chapter 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. For purposes of 14 Del.C. Chapter 12, tThe term 'educator' does not include substitute teachers.
"Exigent Circumstances" 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 means unanticipated circumstances or circumstances beyond the educator’s control, including, but not limited to, expiration of a license during the school year, serious illness of the educator or a member of his or her immediate family, activation to active military duty, and other serious emergencies which necessitate the educator’s temporarily leaving active service.
"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.
"Maintenance of Proficiency" means evidence of valid renewal of National Board for Professional Teaching Standards certification.
"National Board Certified Teacher" means an educator who holds National Board for Professional Teaching Standards certification.
"National Board Certification" means certification of an educator by the National Board for Professional Teaching Standards.
"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. Chapter 12 §1201.
"State" means State of Delaware.
3.1 In accordance with 14 Del.C. §1213, the Department, upon application and receipt of the list of successful candidates provided annually by the National Board for Professional Teaching Standards, shall issue an Advanced License to any educator who receives National Board for Professional Teaching Standards certification. An Advanced License is valid for up to 10 years unless extended pursuant to 14 Del.C. §1216 or revoked for cause, as defined in 14 Del.C. §1218.
3.2 The Department shall issue, upon application, an Advanced License to an educator licensed in another jurisdiction who provides verification of receipt of National Board certification. The term of the Advanced License shall be the same as the balance of the term of the educator's National Board for Professional Teaching Standards certification.
3.3 The Department shall not act on an application for licensure if the applicant is under official investigation by any state or local authority with the power to issue educator licenses or certifications, where the alleged conduct involves allegations of immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials, until the applicant provides evidence of the investigation's resolution. The Department may issue, upon application, an Advanced License to an educator licensed in another jurisdiction who provides verification of receipt of National Board certification.
3.4 The term of the advanced license shall be the same as the balance of the term of the educator's National Board for Professional Teaching Standards certification. The Department shall not act on an application for licensure if the applicant is under official investigation by any state or local authority with the power to issue educator licenses or certifications, where the alleged conduct involves allegations of immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty or falsification of credentials, until the applicant provides evidence of the investigation's resolution.
5.1 In accordance with 14 Del.C. §1214, upon application, the Department shall renew an Advanced License, valid for up to an additional 10 years, to an educator who has maintained proficiency through the National Board for Professional Teaching Standards. Proficiency for National Board certification shall be deemed to have been maintained if the educator provides evidence of valid renewal of National Board for Professional Teaching Standards certification.
5.2 The Department shall renew an Advanced License upon receipt of a list of successful Delaware candidates for renewal provided annually by the National Board for Professional Teaching Standards. The term of the renewed advanced license shall be the same as the balance of the term of the educator's National Board for Professional Teaching Standards certification.
5.3 An applicant who elects not to renew with the National Board for Professional Teaching standards or who fails to meet the recertification requirements set forth by the National Board shall be issued a Continuing License. The Department shall renew an Advanced License upon application and receipt of a list of successful Delaware candidates for renewal provided annually by the National Board for Professional Teaching Standards.
5.4 The term of the renewed advanced license shall be the same as the balance of the term of the educator's National Board for Professional Teaching Standards certification. An applicant who elects not to renew with the National Board for Professional Teaching standards or who fails to meet the recertification requirements set forth by the National Board shall be issued a Continuing License.
6.1 The Department may extend an Advanced License for a period not to exceed one (1) year, upon the license holder’s showing of exigent circumstances warranting the necessity of such extension.
7.1 An At the discretion of the hiring district or charter school, an educator may take a leave of absence of up to three years with no effect upon the validity or expiration of the Advanced License. The date of expiration of the Advanced License will be extended commensurate with the length of the leave of absence.
An applicant shall disclose his or her criminal conviction history upon application for an Advanced License, the renewal of an Advanced License, or upon the issuance of a Continuing License pursuant to subsection 5.2 5.4. Failure to disclose a criminal conviction history is grounds for denial or revocation of an advanced license Advanced License or a Continuing License and criminal prosecution as specified in 14 Del.C. §1219.
Last Updated: December 31 1969 19:00:00.
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