DEPARTMENT OF EDUCATION

Professional Standards Board

PROPOSED

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

1502 Professional Growth Salary Increments

A. Type of Regulatory Action Requested

Amendment to Existing Regulation

B. Synopsis of Subject Matter of Regulation

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 1502 Professional Growth Salary Increments. With the amendment of the titling of certification regulation 1559 from Trade and Industrial Education Teacher to Skilled and Technical Sciences Teacher, it is necessary that Sections 2 and 8 in this regulation be reflective of that change. This regulation sets forth the requirements for Professional Growth Salary Increments.

Persons wishing to present their views regarding this matter may do so in writing by the close of business on Monday December 1, 2008 to Mr. Charlie Michels, Executive Director, Delaware Professional Standards Board, The Townsend Building, 401 Federal Street, Dover, Delaware 19901. Copies of this regulation are available from the above address or may be viewed at the Professional Standards Board Business Office.

C. Impact Criteria

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 amended regulation addresses educator certification, not students’ health and safety.

4. Will the amended regulation help to ensure that all students' legal rights are respected? The amended regulation addresses educator certification, 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 will preserve the necessary 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 will 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 decision-making authority and accountability for addressing the subject to be regulated rests with the Professional Standards Board, in collaboration with the Department of Education, and with the consent of the State Board of Education.

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 will 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.

9. Is there a less burdensome method for addressing the purpose of the amended regulation? 14 Del.C. requires that we promulgate this regulation.

10. What is the cost to the state and to the local school boards of compliance with the adopted regulation? There is no additional cost to local school boards for compliance with the regulation.

1502 Professional Growth Salary Increments

(Effective 7/1/04)

This regulation shall apply to professional growth salary increments for educators, pursuant to 14 Del.C. §1305 (q)(a).

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.

2.2 The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:

"Critical Needs Areas" means content, specialty, or administrative areas identified by the Department as areas of shortage in Delaware schools.

"Department" means the Delaware Department of Education.

"Educator" means a public school employee who holds a license is issued under the provisions of 14 Del.C. Ch. 12, and includes teachers, specialists, and administrators, and as otherwise defined by the Standards Board and State Board, but does not include substitute teachers.

"Graduate Level Course" means any course which is awarded graduate level credit by a regionally accredited college or university.

"Graduate Level Course of Study" means a non matriculated but focused and coherent program of study (e.g., a certificate program) which is directly linked to professional responsibilities.

"Matriculated Graduate Credit" means credit earned from a regionally accredited college or university earned toward a master's degree or a doctorate degree.

"Skilled and Technical Sciences (STS)" is also known as Trade and Industrial Education, Career and Technical Education, Career Technical Education or Career-Technical Education.

"Standards Board" means the Professional Standards Board established pursuant to 14 Del.C. §1201.

"State Board" means the State Board of Education of the State pursuant to 14 Del.C. §104.

"Trades and Industry Teacher" means a Skilled and Technical Sciences Teacher, Trade and Industrial Education Teacher or Teacher of Trade and Industries

"Two Years of College or Technical Training" means a minimum of a high school diploma or its recognized equivalent and the satisfactory completion of the requirements for any one, or an appropriate combination of the following options in the specific career area of certification equaling (1) an Associate's degree with a major in the specific career area; (2) two years of college majoring in the specific career area with at least 50% of the major courses required for a bachelor's degree satisfactorily completed; (3) a state issued certificate indicating completion of apprenticeship hours and apprentice related training (e.g. journey papers) in the specific career area; (4) completion of four years of sequential Delaware Trade Extension courses in the specific career area; (5) completion of four years of National Center for Construction Education and Research's Contren documented training in the specific career area; (6) a 70% or above score on both the written and performance elements of a Delaware Apprentice-related Education Provider's National Center for Construction Education and Research's Contren-derived full Apprentice Equivalency test-out covering all Apprentice-related Education years in the specific career area; (7) passage of a State of Delaware Licensing Test in the specific career area, offered through the Division of Professional Regulation; (8) 576 hours of military training in the specific career area; (9) 576 hours post-secondary trade school training in the specific career area; (10) a 70% or above score on both the written and performance teacher tests for the National Occupational Competency Testing Institute in the specific career area; (11) an industry recognized certification of technical competence or journeyperson status in the specific career area, or (12) DOE approved equivalents.

Educators who hold a bachelor's degree and who are enrolled in a master's degree program at a regionally accredited college or university may accrue graduate level credits toward salary increments on the basic salary schedule for educators, set forth in 14 Del.C. §1305 (a). No credits earned prior to the conferring of a bachelor's degree may be applied toward movement on the salary schedule. Credits shall be applied in the order in which they were taken and no credit may be applied more than once toward movement on the salary schedule.

3.1 Educators enrolled in a master's degree program at an accredited college or university may apply for movement to the bachelor's plus 15 column of the basic salary schedule for educators, set forth in 14 Del.C. §1305 (a), upon completion of 15 graduate credits toward a master's degree.

3.2 Educators enrolled in a master's degree program at an accredited college or university may apply for movement to the bachelor's plus 30 column of the basic salary schedule for educators, set forth in 14 Del.C. §1305 (a), upon completion of 30 graduate credits toward a master's degree.

3.3 Upon completion of a master's degree program at an accredited college or university, an educator may apply for movement to the master's degree column of the basic salary schedule for educators, set forth in 14 Del.C. §1305 (a).

4.1 Educators who hold a master's degree may accrue credits beyond the master's degree toward salary increments toward a master's degree plus 15 graduate credits, a master's degree plus 30 graduate credits, a master's degree plus 45 graduate credits, or a doctorate degree on the basic salary schedule for educators, set forth in 14 Del.C. §1305 (a). All credits taken must be graduate level and must be:

4.1.1 Earned through a graduate level course of study clearly related to the educator's professional responsibilities and otherwise approved pursuant to 14 Del.C. Ch. 12, or

4.1.2 Earned toward a second master's degree, or

4.1.3 Matriculated graduate credits earned toward a doctorate degree.

5.1 Educators entitled to rightward movement on the basic salary schedule for educators, set forth in 14 Del.C. §1305 (a), on the basis of inservice or undergraduate credits approved prior to July 1, 2004, shall continue to be entitled to such movement in the event of any future application for movement submitted after July 1, 2004.

5.1.1 For example, an educator who holds a bachelor's plus 15 or a bachelor's plus 30 approved prior to July 1, 2004 and based entirely on inservice or undergraduate credits, shall be entitled to move to a master's plus 15 or master's plus 30, whichever is applicable, upon completion of a master's degree program.

5.1.2 In order to use undergraduate credits toward a salary increment on the basic salary schedule for educators, set forth in 14 Del.C. §1305 (a), the credits must be completed by, and the application for salary increment submitted to, and approved by, the Office of Professional Accountability by June 30, 2004. Undergraduate credits will not be accepted for plus 15, 30 or 45 salary increments after June 30, 2004.

5.1.3 In order to use inservice credits toward a salary increment on the basic salary schedule for educators, set forth in 14 Del.C. §1305 (a), the credits must be completed by, and the application for salary increment submitted to, and approved by, the Office of Professional Accountability by June 30, 2004. Inservice credits will not be accepted for plus 15, 30 or 45 salary increments after June 30, 2004.

All credits must be expressed in terms of semester hours. College or university credits expressed in quarter hours will be converted by the Department to semester hours by multiplying the number of quarter hours by two thirds.

7.1 All grades for graduate level credit submitted for a professional growth salary increments must be a grade of "B" or better or satisfy the granting institution's standard for graduate level work. In the case of credits earned on a pass fail basis, a grade of "pass" is acceptable.

A bachelor's degree equivalent for trade and industry Skilled and Technical Sciences teachers (formerly Trade and Industrial Education) shall be two years of college or technical training and six years of work experience (14 Del.C. §1301). Undergraduate credit in a matriculated bachelor's degree may be accepted in lieu of graduate credit for trade and industry Skilled and Technical Sciences teachers who do not hold a bachelor's degree. Initial placement on the basic salary schedule for educators, set forth in 14 Del.C. §1305, for trade and industry Skilled and Technical Sciences teachers who have completed two years of college or technical training and six years of work experience, is at the bachelor's degree level. In order to be eligible for movement on the basic salary schedule, trade and industry Skilled and Technical Sciences teachers must possess a Standard Certificate in Skilled and Technical Sciences.

8.1 Movement beyond the bachelor's degree level on the basic salary schedule for trade and industry Skilled and Technical Sciences teachers shall apply as follows:

8.1.1 Seventy-five (75) credits toward a bachelor's degree is equivalent to a bachelor's degree plus 15 credits.

8.1.2 Ninety (90) credits toward a bachelor's degree is equivalent to a bachelor's degree plus 30 credits.

8.1.3 A bachelor's degree is equivalent to a master's degree on the basic salary schedule.

8.1.4 A master's degree is equivalent to a master's degree plus fifteen 15 credits on the basic salary schedule.

8.1.5 A master's degree plus fifteen 15 credits is equivalent to a master's degree plus 30 credits on the basic salary schedule.

8.1.6 A master's degree plus thirty 30 credits is equivalent to a master's degree plus 45 credits on the basic salary schedule.

8.1.7 A master's degree plus 45 credits is equivalent to a doctorate degree on the basic salary schedule.

Graduate credits which are included in the approved Alternative Routes to Certification program, as defined in 14 Del.C., Ch. 12, subchapter VI, are recognized as a graduate level course of study and may be applied by educators who hold master's degrees and who are enrolled in the approved Alternative Routes program toward a master's degree plus 15 credits, a master's degree plus 30 credits, a master's degree plus 45 credits or a doctorate degree on the basic salary schedule for educators, set forth in 14 Del.C. §1305 (a).

An applicant for a professional growth salary increment must hold a Limited Standard, Standard or Professional Status Certificate issued pursuant to General Regulations for Certification of Professional Public School Personnel and the specific regulations as adopted for certification effective July 1, 1993, or an Initial, Continuing, or Advanced License issued by the Department in accordance with 14 Del.C., Ch. 12, Subchapter III. An educator employed on an Emergency Certificate pursuant to 14 Del.C. §1506 is eligible to receive a salary increment.

11.1 In order to be applicable to professional growth salary increments, master's and doctorate degrees must be directly related to an area or specialty in which the educator is employed, which has been identified as a critical needs area in K to 12 education, or which the district or charter school, if applicable, in which the educator is employed has requested the educator to pursue. Any such request from a district or charter school, if applicable, must be in writing and must be submitted with the completed application for a salary increment.

12.1 Upon completion of the credits required for movement on the basic salary schedule for educators, set forth in 14 Del.C. §1305(a), an applicant may apply for a salary increment. No applications will be considered prior to the completion of credits necessary for movement on the salary schedule.

12.1.1 An applicant shall secure the proper form from the local school district or charter school office, complete the form, and return it to the school district office for transmittal to the Office of Professional Accountability.

12.1.2 The applicant shall arrange for official transcripts to be submitted by the college or university directly to the Office of Professional Accountability or delivered by the applicant in an unopened, unaltered envelope.

12.1.3 An application for a salary increment for the current fiscal year (July 1 to June 30) must be received in the Office of Professional Accountability no later than June 1. This date is necessary to allow adequate time for evaluation and notification to the district payroll office for salary adjustment. Applications received after June 1 will be approved effective the first day of the next fiscal year.

13.1 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 or official grade slip as to when the program or credit was completed. This date is necessary to allow adequate time for evaluation and notification to the district payroll office for salary adjustment. Applications received after June 1 will be approved effective the first day of the next fiscal year.

13.2 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.

13.3 No salary increment shall be retroactive to a prior fiscal year.