DEPARTMENT OF EDUCATION
Professional Standards Board
FINAL
REGULATORY IMPLEMENTING ORDER
1514 Revocation of Licenses and Certificates
I. Summary of the Evidence and Information Submitted
The Professional Standards Board, acting in cooperation and consultation with the Department of Education, seeks the consent of the State Board of Education to amend 14 DE Admin. Code 1514 Revocation of Licenses and Certificates. It is necessary to amend this regulation to comply with action taken by the General Assembly with the passage of HB 147, which amended 14 Del.C. §1218. Section 10113 (5) of the Administrative Procedures Act exempts amendments to existing regulations to make them consistent with changes in basic law but which do not otherwise alter the substance of the regulation. In Section 2.0, the definitions of “dismissal” and “educator” were amended to comply with changes in statute. Section 3.0, 3.1, 3.1.3, 3.2.1, 3.2.1.2, and 4.1.2 were amended to include a license holder’s resignation or retirement pending dismissal for immorality, provided that clear and convincing evidence establishes misconduct.
II. Findings of Facts
The Professional Standards Board and the State Board of Education find that it is appropriate to adopt this regulation to comply with changes in statute.
III. Decision to Adopt the Regulation
For the foregoing reasons, the Professional Standards Board and the State Board of Education conclude that it is appropriate to amend the regulation. Therefore, pursuant to 14 Del.C. §1205(b), the regulation attached hereto as Exhibit “B” is hereby adopted. Pursuant to the provision of 14 Del.C. §122(e), the regulation hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.
IV. Text and Citation
The text of the regulation amended shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 1514 of the Administrative Code of Regulations of the Department of Education.
V. Effective Date of Order
The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.
APPROVED BY THE PROFESSIONAL STANDARDS BOARD THE 1ST DAY OF SEPTEMBER, 2005
Harold Roberts, Chair Sharon Brittingham
Norman Brown Heath Chasanov
Edward Czerwinski Angela Dunmore
Karen Gordon Barbara Grogg
Bruce Harter Valerie Hoffmann
Leslie Holden Carla Lawson
Mary Mirabeau Gretchen Pikus
Karen Schilling Ross Carol Vukelich
FOR IMPLEMENTATION BY THE DEPARTMENT OF EDUCATION:
Valerie A. Woodruff, Secretary of Education
IT IS SO ORDERED THIS 15TH DAY OF SEPTEMBER, 2005
STATE BOARD OF EDUCATION
Jean W. Allen, President
Richard M. Farmer, Jr., Vice President
Mary B. Graham, Esquire
Barbara Rutt
Dennis J. Savage
Dr. Claibourne D. Smith
1514 Revocation of Licenses and Certificates
This regulation shall apply to the revocation of an initial license, continuing license and/or advanced license; or a limited standard, standard or professional status certificate issued prior to August 31, 2003 for educators, pursuant to 14 Del.C. 1218.
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
“Advanced License” means a license issued as part of the three-tiered licensure system set forth in 14 Del.C. 1213 and 1214.
“Continuing License” means a license issued as part of the three-tiered license system set forth in 14 Del.C. 1211 and 1212.
“Department” means the Delaware Department of Education.
“Dismissal” means (1) dismissal by a school board or board of directors where the license or certificate holder is employed by a public school district or a charter school for immorality, misconduct in office, incompetency, willful neglect of duty or disloyalty; or (2) the license or certificate holder=s voluntary resignation of employment in the face of disciplinary action for immorality; or (3) the license or certificate holder=s conviction of a crime which is evidence of immorality.
“Educator” means a public school employee who holds a license issued under the provisions of 14 Del. C., Chapter 12, and includes teachers and administrators, and as otherwise defined by the Standards Board and the State Board pursuant to 14 Del.C. '1203, but does not include substitute teachers. a person licensed and certified by the State under 14 Del.C., Chapter 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, the term ‘educator’ does not include substitute teachers.
“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-tiered licensure system set forth in 14 Del.C. 1210.
“License Holder” or “Licensee” means any individual who holds an Initial License, Continuing License and/or Advanced License, and until a Continuing License is issued, a Limited Standard, Standard, or Professional Status Certificate.
“Secretary” means the Secretary of the Delaware Department of Education.
“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. 1205.
“State” means the State of Delaware.
3.0 Revocation of License or Certificate
An Initial, Continuing or Advanced License; or a Limited Standard, Standard, or Professional Status Certificate issued prior to August 31, 2003 may be revoked upon the dismissal of the license or certificate holder for immorality, misconduct in office, incompetency, willful neglect of duty or disloyalty, or upon the license holder’s resignation or retirement pending dismissal for immorality, provided that clear and convincing evidence establishes the underlying misconduct, and must be revoked upon a finding that the license or certificate holder made a materially false or misleading statement in his or her license or certificate application.
3.1 Revocation Requested by a School District or Charter School.
3.1.1 When any license or certificate holder is dismissed by a school board, board of directors, or other employing authority for immorality, the board making such a determination pursuant to 14 Del.C. shall, upon final decision, give written notice to the Secretary. of its desire to request the revocation of that individual’s license or certificate.
3.1.2 When any license or certificate holder is dismissed by a school board or board of directors or other employing authority for misconduct in office, incompetence, willful neglect of duty or disloyalty, the board making such a determination pursuant to 14 Del.C. may, upon final decision, give written notice to the Secretary of its desire to request the revocation of that individual’s license or certificate.
3.1.3 When a license or certificate holder employed by a school board or board of directors or other employing authority voluntarily resigns in the face of disciplinary action for immorality and an investigation has been initiated by the school board or board of directors, or other employing authority, resigns employment or retires pending dismissal for immorality, the board shall, upon accepting the resignation or retirement, give written notice to the Secretary.
3.1.4 Upon receipt of written notification from the school board or board of directors or other employing authority, the Secretary shall give written notice to the license or certificate holder of the intended revocation and the reasons therefore. The notice of revocation shall be sent by certified mail and shall give notice that a full and fair hearing may be requested before the Standards Board within thirty (30 days. Hearings shall be conducted in accordance with the Standard Board’s Hearing Procedures and Rules.
3.1.5 If the licensee fails to request a formal hearing before the Standards Board within thirty (30) days of the notice of revocation, the Secretary shall send written notification by certified mail to the individual revoking his/her license.
3.2 Revocation by the Secretary of Education
3.2.1 The Secretary may initiate proceedings to revoke a license or certificate holder’s license or certificate when she/he has good reason to believe that clear and convincing evidence establishes that any of the following circumstances exist:
3.2.1.1 The license or certificate holder has been convicted of a crime which is evidence of immorality;
3.2.1.2 The license or certificate holder who is not employed by a public school district or charter school or other employing authority has voluntarily resigned his/her employment or retired pending dismissal for immorality; in the face of an open investigation for immorality or
3.2.1.3 The license or certificate holder has had a certificate or license revoked in another state for immorality, misconduct in office, incompetency, willful neglect of duty or disloyalty or falsification of credentials.
3.2.2 The Secretary shall give written notice to the license or certificate holder of the intended revocation and the reasons therefore. The notice of revocation shall be sent by certified mail and shall give notice that a full and fair hearing may be requested before the Standards Board within thirty (30) days. Hearings shall be conducted in accordance with the Standard Board’s Hearing Procedures and Rules.
3.2.3 If the licensee fails to request a formal hearing before the Standards Board within thirty (30) days of the notice of revocation, the Secretary shall send written notification by certified mail to the individual revoking his/her license or certificate.
4.1 Notwithstanding any other provisions stated herein, a license or certificate holder shall send written notification to the Secretary within thirty (30) days of the happening of any of the following events:
4.1.1 The license or certificate holder is dismissed by a school board, board of directors, or other employing authority for immorality;
4.1.2 The license or certificate holder voluntarily resigns employment or retires pending dismissal for immorality; in the face of disciplinary action for immorality and/or an open investigation for immorality
4.1.3 The license or certificate holder is convicted of a crime which is evidence of immorality; or
4.1.4 The license or certificate holder has had a certificate or license revoked in another state for immorality, misconduct in office, incompetency, willful neglect of duty, disloyality or falsification of credentials.
4.2 The failure of the license or certificate holder to report any of the above events to the Secretary of Education shall be grounds for revoking a license or certificate. provided that clear and convincing evidence establishes the underlying misconduct.
5.0 Full and Fair Hearing
When a license or certificate is revoked, all certificates held by the license or certificate holder shall be revoked. Educators are entitled to a full and fair hearing before the Professional Standards Board. Hearings shall be conducted in accordance with the Standards Board’s Hearing Procedures and Rules.
