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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsSeptember 2015

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14 DE Admin. Code 284
Education Impact Analysis Pursuant To 14 Del.C. Section 122(d)
A. Type of Regulatory Action Required
B. Synopsis of Subject Matter of the Regulation
The Secretary of Education intends to amend 14 DE Admin. Code 284 Licensure and Certification of Public Education Employees in the Department of Education, in Adult Education and in Prison Education Programs Whose Work Responsibilities are Directly Related to Curriculum and Instruction. This regulation is being amended to reflect the revised Professional Standards Board licensure and certification regulations.
Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before October 1, 2015 to Tina Shockley, Education Associate, Department of Education, Regulatory Review, at 401 Federal Street, Suite 2, Dover, Delaware 19901. A copy of this regulation may be viewed or obtained at the Department of Education, Finance Office located at the address listed above.
1.1 This regulation shall apply to the licensure and certification of Public Education Employees in the Department of Education, in Adult Education and in Prison Education Programs whose work responsibilities are directly related to curriculum and instruction and are identified by the Department of Education, pursuant to 14 Del.C. §121(c). This regulation does not apply to those persons who serve as instructors for apprenticeship, trade extension or special interest courses.
1.2 Except as otherwise provided, the requirements and provisions set forth in 14 DE Admin. Code 1505, 1506 1510, 1511, 1512, and 1513, including any subsequent amendment or revision thereto, are incorporated herein by reference.
Except as otherwise provided, the definitions set forth in 14 DE Admin. Code 1505, 1506 1510, 1511, 1512, and 1513, including any subsequent amendment or revision thereto, are incorporated herein by reference.
Advanced Licensemeans a license issued as part of the three tiered licensure system set forth in 14 Del.C. 121(c).
Adult Education Programsmeans programs designed for adult learners providing for both basic skills education and the attainment of a secondary credential or high school diploma. Programs are provided through the James H. Groves High School, General Educational Development (GED) and Adult Basic Education (ABE) Programs, and Adult English Language Learners Programs.
"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 Professional Standards Board and the State Board of Education.
"College Credit" means graduate or undergraduate level course work and continuing education units (CEUs) completed at, or through, a regionally accredited college or university.
Continuing License means a license issued as part of the three tiered licensure system set forth in 14 Del.C. §121(c).
"Composite Score" means a total of a Public Education Employee’s scores on all three (3) subtest of PRAXIS I which are equal to, or greater than, the sum of the passing scores on the three subtests. Scores from either the PRAXIS I (PPST) paper and pencil test or from the PRAXIS I (CPPST) computerized test may be used when applying the composite score provision. Scores from the PRAXIS I computer based test (CBT) may be used when applying the composite score provision, but may not be used in conjunction with scores from the PRAXIS I (PPST) paper and pencil test or with the PRAXIS I (CPPST) computerized test.
Core Content Area” means the subject area tested by the state assessment system including Mathematics, English/Language Arts , Science and Social Studies.
"Curriculum or Assessment Development" means work with a local, state, national, or international education agency or organization designing curriculum or assessments for improved educational practice in an area related to an individual's professional responsibilities.
"Date of Hire" means the effective date of employment by the Department or other employing authority.
"Department" means the Delaware Department of Education.
"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 including 15 or more clock hours of work time directly related to the individual's professional responsibilities, including a final project to be used to enhance the individual's work.
"Educator" means a person licensed and certified by the State under 14 Del.C. §1202 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.
Emergency Certificate” means a temporary credential issued to an individual 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 to practice in a particular area, to teach a particular subject or to instruct a particular category of students. The temporary credential provides the individual with a limited time to meet the requirements for certification in the specific area, subject or category.
"Examination of General Knowledge" means a standardized test adopted pursuant to this regulation which measures general knowledge and essential skills in reading, writing and mathematics or quantitative and verbal skills, including reading and writing.
"Exigent Circumstances" means unanticipated circumstances or circumstances beyond the Public Education Employee's control, including, but not limited to, expiration of a license during the school year, serious illness of the Public Education Employee or a member of his/her immediate family, activation to active military duty, and other serious emergencies which necessitate the Public Education Employee's temporarily leaving active service.
Good Moral Character means conduct which is consistent with the rules and principles of morality expected of an educator.
"Immorality" means conduct which is inconsistent with the rules and principles of morality expected of a Public Education Employee and may reasonably be found to impair a Public Education Employee's effectiveness by reason of his or her unfitness.
"Initial License" means a license issued as part of the three tiered licensure system set forth in 14 Del.C. §121(c).
Instructional Paraeducator (Paraeducator)” means a public school employee or adult education employee who provides one-on-one or small group instruction; assists with classroom management or individual student behavior; provides assistance in a computer laboratory; provides support in a library or media center; assists in training and support with functional skill activities, such as personal care or assistive technology; or provides instructional services to students under the direct supervision of a teacher. Instructional Paraeducators are those working with regular education students and students with disabilities in schools other than Title I schoolwide schools or with students not receiving Title I services in Title I targeted assistance schools.
James H. Groves High School” means an adult high school established by the State of Delaware to provide the opportunity for adults and out of school youth to earn and obtain a high school diploma.
"Jurisdiction" means a state, territory or country.
"Knowledge and Skills" means understandings and abilities that, when acquired by Public Education Employees, lead to more effective execution of their work responsibilities.
Level I Permit” means a teaching permit in adult education for three years pursuant to application and approval.
Level II Permit” means a teaching permit in adult education for five years pursuant to application and approval.
Level III Permit” means a permit required to be an adult education program administrator pursuant to application and approval.
Level Five Institution” means a 24 hour per day secure correctional facility, such as a jail (housing inmates sentenced to 12 months or less) or prison (sentences to longer than 12 months), and sentences to life or death.
"License" means a credential which authorizes the holder to engage in the practice for which the license is issued.
License Holder or Licensee means any individual who holds an Initial License, Continuing License or Advanced License.
"Maintenance of Proficiency" means evidence of valid renewal of National Board for Professional Teaching Standards certification.
"NBPTS or Similar National Certification" means a certificate from the National Board for Professional Teaching Standards, or similar body as approved by the Professional 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.
Part Time Adult Education Employees means those teachers, counselors, site coordinators, paraeducators and administrators who work in aAdult eEducation pPrograms “part time” as defined by the State Pension Office.
"PRAXIS I or PPST" means a test from Educational Testing Service of general knowledge in reading, writing, and mathematics.
"PRAXIS I CBT" means the discontinued PRAXIS I computer based test from Educational Testing Service taken between November 1993 and December 2001, with a possible score range of 300 to 335. Scores from the PRAXIS I CBT test may not be combined with scores from the PRAXIS I paper and pencil test or the PRAXIS I computerized test (CPPST) to derive a composite score.
"PRAXIS I CPPST" means the PRAXIS I computerized test from Educational Testing Service which began in January 2002. This test, which is delivered in a computer format, has a possible score range of 150 to 190. Scores from the CPPST and the PRAXIS I (PPST) paper and pencil test may be combined for a composite score.
"Presentation" means preparation and presentation as a workshop or conference presenter or course instructor on a topic related to the individual's professional responsibilities.
Prison Education Programs means a programs provided by the Department of Education for incarcerated adults offenders in adult correctional facilities within the four lLevel fFive (5) institutions in the Sstate.
"Professional 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 classes, seminars, workshops, collaborative work groups, learning communities, or cohort teams which result in the acquisition of knowledge and skills which lead to more effective execution of work responsibilities.
"Professional Development Activities" means activities designed to enhance knowledge and skill to promote continuous professional growth and to improve the performance of Public Education Employees.
"Professional Development Cluster" or "Cluster" means a focused group of professional development activities that leads to measurable and observable knowledge and skills.
"Professional Programs or Committees" means job related service, designed to enhance the profession.
"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.
Public Education Employee means an Public Education Eemployee whose work responsibilities are directly related to curriculum and instruction, and as identified by the Department of Education, which includes Department employees, aAdult eEducation eEmployees and pPrison eEducation Program eEmployees but does not include public school Public Education Employees who shall be licensed and certified in accordance with 14 Del.C. Ch.12 Subchapters II and III or persons who serve as instructors for apprenticeship, trade extension or special interest courses.
Standards Boardmeans the Professional Standards Board established pursuant to 14 Del.C. §1205.
Service Paraeducator” means a public school employee who provides support services other than instructional assistance to students, but does not include bus aides (See 14 DE Admin. Code 1105).
"Standard Certificate" means a credential issued to certify that a Public Education Employee in the Department of Education, Adult Education and Prison Education Programs whose work responsibilities are directly related to curriculum and instruction has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, supervise a particular area at the Department or teach a particular category of students.
"State" means State of Delaware.
"State Board" means the State Board of Education of the State of Delaware established in response to 14 Del.C. §104.
Secretary means the Secretary of the Delaware Department of Education
"Student Teaching Program" means a traditional student teaching placement within a National Association of State Directors of Teacher Education and Certification or National Council for the Accreditation of Teacher Education approved program offered by a college or university, or such alternatives as deemed appropriate to the program, such as supervised internships or other field based experience recognized as a required component of the regionally accredited educator preparation program. For the purposes of this regulation, student teaching program also means one year of teaching experience within the last year consisting of a minimum of 91 days of long term teaching experience at one assignment during which regular evaluations were conducted, evidencing at least satisfactory performance.
"Suspension" means the temporary removal of an Initial License for failure to pass the PRAXIS I test.
Title I Paraeducator means a public school employee who provides one on one or small group instruction; assists with classroom management; provides assistance in a computer laboratory; provides support in a library or media center; or provides instructional services to students under the direct supervision of a teacher. Additionally, Title I Paraeducators are all Instructional Paraeducators who work with regular students and children with disabilities in Title I schoolwide schools and all Title I Paraeducators who work with children receiving Title I services in Title I targeted assistance schools, except those whose duties are limited to acting as a translator or as a home school liaison.
Unfit means lack of good moral character, misconduct in office, incompetence, a pattern of ineffective teaching, willful neglect of duty, disloyalty or falsification of credentials.
"Valid and Current Certificate from another State" means a current full or permanent certificate or license issued by another state. It does not include temporary, emergency or expired certificates or licenses issued from another state.
3.1 In accordance with 14 Del.C. §121(c), except as otherwise provided herein, the Department shall issue an Initial License to a Public Education Employee who submits evidence of (1) receipt of a bachelors degree from a regionally accredited 4 year college or university; (2) completion of a student teaching program, or one year of teaching experience consisting of a minimum of 91 days of long term teaching experience at one assignment or other related experience in a private or public educational agency or institution enrollment in an Alternative Routes to Licensure and Certification Program, and (3) a passing score on an eExamination of gGeneral kKnowledge, such as PRAXIS I, or such other alternatives as described in 3.2.4 14 DE Admin. Code 1510. For the purposes of this regulation, a bachelor's degree for a trades and industry Skilled and Technical Sciences teacher shall be two (2) years of college or technical training, plus six (6) years of trade experience. An Initial License shall also be issued to an applicant currently licensed as an educator in another jurisdiction with less than three years of teaching experience or to a Public Education Employee who previously held a valid Delaware Standard or Professional Status Certificate who has been out of the profession for more than three years. In addition to an Initial License, applicants shall also apply for a Standard Certificate in the particular area, subject, or category in which they wish to be employed, and shall must verify that they possess the prescribed knowledge, skill or education to practice in that area, subject, or category.
3.2 Examination of General Knowledge Requirements Except as otherwise provided, the requirements and provisions of 14 DE Admin. Code 1510 Issuance of an Initial License, including any subsequent amendment or revision thereto, are incorporated herein by reference.
4.1 In accordance with 14 Del.C. §121(c), the Department shall issue, upon application, a Continuing License to a qualified Public Education Employee who has successfully completed the requirements under the initial licensure as set forth in 3.0. The Department shall issue a Continuing License to a qualified Public Education Employee currently licensed in another jurisdiction that who provides evidence of having completed three (3) or more years of successful teaching experience or other relevant educationally related experience as set forth in 14 Del.C. §1511. A Continuing License is valid for five (5) years unless extended or revoked for cause.
4.2 The Department shall not act on an application for a Continuing Licensure if the Public Education Employee 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. Except as otherwise provided, the requirements and provisions of 14 DE Admin. Code 1511 Issuance and Renewal of Continuing License, including any subsequent amendment or revision thereto, are incorporated herein by reference.
4.13 A Public Education Employee applying for a Continuing License shall submit the approved application form to the Department a complete application. Verification by the Department or other employing authority of satisfactory annual evaluations for the period of the initial licensure shall also be submitted to the Department prior to the issuance of the Continuing License with an initial application for a Continuing License.
4.4 The Department shall renew a Continuing License, valid for an additional 5 years, to a Public Education Employee who has fulfilled the 90 clock hour requirement for professional development. At least one half of the required hours (45 hours every five years) for Public Education Employees shall be in activities that relate to the Public Education Employee's work with students or staff. Satisfactory evidence of such completion, as set forth in 4.4.1, shall be submitted to the Department with the application for renewal. The 90 clock hours of professional development shall have taken place during the term of the Continuing License. An applicant with more than one (1) unsatisfactory annual evaluation during the period of initial licensure is ineligible to be issued a Continuing License.
4.4.5 To obtain renewal of a Continuing License, Public Education Employees shall be required to participate in professional development activities totaling 90 clock hours every five years. The 90 clock hours shall be completed during the five year term of the license.
4.6 The Department shall renew a Continuing License, valid for an additional five (5) years, to a qualified Public Education Employee who has fulfilled the clock hour requirement for professional development and other requirements of 14 DE Admin. Code 1511. At least one half of the required hours for Public Education Employees shall be in activities that relate to the Public Education Employee's work with students or staff. Satisfactory evidence of such completion, as set forth in 14 DE Admin. Code shall be submitted to the Department with the application for renewal. The clock hours of professional development shall have taken place during the term of the Continuing License.
5.2 The Department shall renew an Advanced License, valid for an additional 10 years, to a Public Education Employee 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 Public Education Employee provides evidence of valid renewal of National Board for Professional Teaching Standards certification. Except as otherwise provided, the requirements and provisions of 14 DE Admin. Code 1512 Issuance and Renewal of Advanced License, including any subsequent amendment or revision thereto, is incorporated herein by reference.
5.4 A Public Education Employee shall disclose his or her criminal conviction history upon application for an Advanced License.
6.1 The Department shall issue a Standard Certificate to a Public Education Employee who holds a valid Delaware Initial, Continuing or Advanced License; or Limited Standard, Standard, or Professional Status Certificate issued prior to August 31, 2003.
6.2 Public Education Employees May hold Standard Certificates in more than one area. Except as otherwise provided, the requirements and provisions of 14 DE Admin. Code 1505 Issuance of Standard Certificate, including any subsequent amendment or revision thereto, is incorporated herein by reference.
6.5 If a Public Education Employee holds a valid Initial, Continuing, or Advanced Delaware License as an educator; or a Limited Standard, Standard or Professional Status Certificate issued prior to August 31, 2003 and becomes employed as a Public Education Employee, only that documentation necessary to demonstrate acquisition of the prescribed knowledge, skill or education required for the relevant Standard Certificate requested shall be required.
6.6 A Standard Certificate is valid regardless of the assignment or employment status of the holder of a certificate or certificates, and is not subject to renewal. It shall be revoked in the event the Public Education Employee’s Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked in accordance with 10.0. An educator whose license or certificate is revoked is entitled to a full and fair hearing before the Department.
6.7 The Secretary of Education may, upon the written request of the Department or other employing authority, review credentials submitted in application for a Standard Certificate on an individual basis and grant a Standard Certificate to an applicant who otherwise does not meet the requirements for a Standard Certificate, but whose effectiveness is documented by the Department or other employing authority.
7.1 In addition to the requirements in 6.0, a Public Education Employee teaching in Adult Education Programs shall hold a Bachelor's degree in Adult, Elementary, or Secondary Education from a regionally accredited college or university and meet one of the following specialized Adult Education preparation or experience requirements. Upon request by the employing authority, the Department may issue an Emergency Certificate, valid for the intended school year, to a Public Education Employee who holds a valid Delaware Initial, Continuing, or Advance License, but who is not eligible for certification in the area of need.
7.2 A Public Education Employee serving as an administrator in an Adult Education Program shall hold a Master’s Degree from a regionally accredited college or university and complete a minimum of three years of successful full time or part time experience in an adult education setting working as an administrator, coordinator or teacher. One year of the three years may be as an administrator in an alternative education or non traditional educational setting as long as the program is regularly organized and supported by State or federal funds. The Public Education Employee shall also complete 18 semester hours or its equivalent within a Master’s degree program or in addition to a Master’s Degree program of courses directly related to adult education and the adult learner. Except as otherwise provided, the requirements and provisions of 14 DE Admin. Code 1506 Emergency Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference.
In addition to the requirements in 6.0, persons employed by the Department of Education shall be certified by the Department for the position they hold at the Department.
8.1 Paraeducator Permit, including any subsequent amendment or revision thereto, is incorporated herein by reference.
89.0 Certification Requirements for Those Public Education Employees Working at the Department of Education.
9.1 The Department may refuse to issue an Initial License, Continuing License, Advanced License or a Standard or Emergency Certificate to an applicant upon a finding that the applicant fails to meet the statutory or regulatory requirements for a license or certificate. Employees of the Department of Education whose work responsibilities are directly related to curriculum and instruction as determined by the Department shall be licensed and certified by the Department for the position they hold.
9.1.2 Notwithstanding any other provisions stated herein no license or certificate shall be issued to an applicant for an Initial, Continuing or Advanced License or Standard or Emergency Certificate if:
9.1.3 The Secretary shall give written notice to the applicant of the denial and the reasons therefore. The notice of denial shall be sent by certified mail and shall give notice that a full and fair hearing may be requested before the Secretary within ten (10) days.
710.0 Licensure and Certification Requirements for Those Public Education Employees Working in Adult Education Programs
10.3.5 A Public Education Employee serving as an administrator in a James H. Groves High School shall hold an (a) active license with Standard Certificate pursuant to 14 Del.C. §1591, 1592 or 1593, or (b) a Level III Permit which is representative of a master’s degree from a regionally accredited college or university and complete a minimum of three years of successful full time or part time experience in an adult education setting working as an administrator, coordinator or teacher. One year of the three years may be as an administrator in an alternative education or non-traditional educational setting as long as the program is regularly organized and supported by State or federal funds. The Public Education Employee shall have completed 18 semester hours directly related to Adult Education and Program Administration within a master’s degree program or in addition to a master’s degree.
105.0 Revocation Refusal of Licenses and Certificates
Except as noted herein, the Department may refuse to issue an Initial License, Continuing License, Advanced License or a Standard or Emergency Certificate to an applicant pursuant to 14 DE Admin. Code 1413 Denial of Licenses, including any subsequent amendment or revision thereto.
Except as otherwise noted, a credential may be revoked pursuant to 14 DE Admin. Code 1514 Revocation, Limitation, or Suspension of Licenses, including any subsequent amendment or revision thereto.
Last Updated: December 31 1969 19:00:00.
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