DEPARTMENT OF EDUCATION

Professional Standards Board

Statutory Authority: 14 Delaware Code, Sections 1203 and 1205(b) (14 Del.C. §§1203 & 1205(b))

14 DE Admin. Code 1593

PROPOSED

PUBLIC NOTICE

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

1593 Superintendent or Assistant Superintendent

A. TYPE OF REGULATORY ACTION REQUESTED

Amendment to Existing Regulation

B. SYNOPSIS OF SUBJECT MATTER OF REGULATION

Pursuant to 14 Del.C. §§1203 and 1205(b), the Professional Standards Board (“Board”), acting in consultation and cooperation with the Delaware Department of Education (“Department”), developed amendments to 14 DE Admin. Code 1593 Superintendent or Assistant Superintendent. The regulation concerns the requirements for a Superintendent and Assistant Superintendent Standard Certificate in accordance with 14 Del.C. §1220. The proposed amendments include adding defined terms to Section 2.0; clarifying the requirements for issuing a Superintendent and Assistant Superintendent Standard Certificate in Section 3.0; specifying the education, knowledge, and skill requirements for obtaining a Superintendent and Assistant Superintendent Standard Certificate in Section 4.0; adding reciprocity requirements in Section 5.0; specifying the application requirements in Section 6.0; adding Section 7.0, which concerns the validity of a Superintendent and Assistant Superintendent Standard Certificate; adding Section 8.0, which concerns disciplinary actions; adding Section 9.0, which concerns requests for the Secretary of Education to review standard certificate applications; and adding Section 10.0, which concerns recognizing past certificates that were issued by the Department.

Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before October 2, 2020 to the Department of Education, Office of the Secretary, Attn: Regulation Review, 401 Federal Street, Suite 2, Dover, Delaware 19901 or to DOEregulations.comment@doe.k12.de.us. A copy of this regulation may be viewed online at the Registrar of Regulation’s website, http://regulations.delaware.gov/services/current_issue.shtml or obtained at the Department of Education’s Office of the Secretary, located at the address above.

C. IMPACT CRITERIA

1. Will the amended regulation help improve student achievement as measured against state achievement standards? The education, knowledge, and skill requirements in Section 4.0 and the requirements for reciprocity in Section 5.0 are designed to improve the quality of the educator workforce, which will help to improve student achievement.

2. Will the amended regulation help ensure that all students receive an equitable education? The education, knowledge, and skill requirements in Section 4.0 and the requirements for reciprocity in Section 5.0 are designed to improve the quality of the educator workforce, which will help to ensure students in Delaware public schools receive an equitable education.

3. Will the amended regulation help to ensure all students’ health and safety are adequately protected? The amended regulation addresses a standard certificate for educators and is not designed to help ensure students’ health and safety is protected.

4. Will the amended regulation help to ensure that all students’ legal rights are respected? The amended regulation addresses a standard certificate for educators and is not designed to help ensure students’ legal rights are respected.

5. Will the amended regulation preserve the necessary authority and flexibility of decision-makers at the local board and school level? The amended regulation does not change authority and flexibility of decision makers at the local board and school level. By statute (14 Del.C. § 1224), a school district or charter school may request that the Secretary of Education review the credentials of an applicant who does not meet the requirements for a Superintendent and Assistant Superintendent Standard Certificate but whose effectiveness is documented by the district or school. Proposed Section 9.0 is consistent with the statute.

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 does not place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels. The application requirements in Section 6.0 apply to individual applicants.

7. Will decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The Department implements the rules and regulations promulgated and adopted pursuant to 14 Del.C. Ch. 12 relating to licensure and certification of educators.

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 is consistent with, and not an impediment to, the implementation of other state educational policies, and 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? There is not a less burdensome method for addressing the purpose of this amended regulation.

10. What is the cost to the state and to the local school boards of compliance with the adopted regulation? There is no expected cost to the state and to the local school boards of complying with this amended regulation.

1593 Superintendent or and Assistant Superintendent

1.0 Content

1.1 This regulation shall apply to the issuance of a Superintendent and Assistant Superintendent Standard Certificate, pursuant pursuant to 14 Del.C. §1220(a), for Superintendent or Assistant Superintendent. This Standard Certificate is required for all superintendents and assistant superintendents who are working in Delaware public schools.

1.2 Except as otherwise provided, the requirements set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto, are incorporated herein by reference.

2.0 Definitions

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:

“Certified Central Office Experience” means being certified and employed as a Director, Supervisor, Administrative Assistant, Coordinator or Manager in an instructional area in an employing authority’s central office.

“Department” means the Delaware Department of Education.

“Education Experience” means working with students under a State credential in any PreK to 12 public school setting or the equivalent as approved by the Department.

“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 Professional Standards Board and approved by the State Board of Education. 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, and management companies.

“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 the educator’s unfitness or otherwise.

“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.

“Major or Its Equivalent” means a minimum of 30 semester hours of coursework in a particular content area.

"Passing Score" means a minimum score as established by the Standards Board, in consultation with the Department, and with the approval of the State Board of 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 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.

“Regionally Accredited” means educational accreditation by a regional accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education offered by the institutions of higher education it accredits, including Middle States Commission on Higher Education.

“Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.

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

“Valid and Current License or Certificate” means a current full or permanent certificate or license issued by another state or jurisdiction. This means the educator is fully credentialed by having met all of the requirements for full licensure or certification in another state or jurisdiction and is in good standing in that state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.

3.0 Issuance of a Standard Certificate

3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Superintendent and Assistant Superintendent Standard Certificate as a Superintendent or Assistant Superintendent to an educator who has met the following to an applicant who:

3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License; or a Limited Standard, or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003; and and meets the requirements set forth in Section 4.0 of this regulation; or

3.1.2 Has met the requirements as set forth in 14 DE Admin. Code 1505 Standard Certificate, including any subsequent amendment or revision thereto; and Has met the requirements for licensure in Delaware and presents proof of a Valid and Current License or Certificate as a superintendent or assistant superintendent from another state or jurisdiction whose requirements are substantially similar to the requirements in Section 4.0 of this regulation; or

3.1.3 Has satisfied the additional requirements in this regulation. Has met the requirements for licensure in Delaware and meets the requirements set forth in Section 5.0 of this regulation.

3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Superintendent and Assistant Superintendent Standard Certificate if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as Immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation’s resolution.

4.0 Additional Prescribed Education, Knowledge, and Skill Requirements

An educator must also have met the following additional requirements:

4.1 Education requirements.

4.1.1 An educator shall also have satisfied at least one (1) of the following additional education requirements:

4.1.1.1 A doctoral degree from a regionally accredited college or university in educational leadership offered by an NCATE specialty organization recognized educator preparation program or state approved educator preparation program where the state approval body employed the appropriate NASDTEC or NCATE specialty organization standards; or

4.1.1.2 A masters or doctoral degree from a regionally accredited college or university in any field and one of the following:

4.1.1.2.1 The successful completion of an approved Superintendent Program pursuant to 14 DE Admin. Code 1595 Certification Programs for Leaders in Education; or

4.1.1.2.2 Holding a Standard Certificate Certified Central Office Personnel or a Standard Certificate Special Education Director; and successful completion of an additional nine (9) graduate level credit hours from a regionally accredited college or university in educational leadership or the equivalent in professional development approved by the Department.

4.2 Experience requirements.

4.2.1 An educator must have a minimum of seven (7) years of education experience consisting of the following:

4.2.1.1 A minimum of five (5) years of teaching experience; and

4.2.1.2 A minimum of two (2) years of full time leadership experience working in any of the following areas:

4.2.1.2.1 A School Principal or an Assistant School Principal; or

4.2.1.2.2 A Certified Central Office Personnel educator; or

4.2.1.2.3 A Special Education Director; or

4.2.1.2.4 Other leadership position.

4.1 The Department may issue a Superintendent and Assistant Superintendent Standard Certificate to an applicant who has satisfied the requirements in subsections 4.1.1 through 4.1.3.

4.1.1 The applicant shall have satisfied one of the following education requirements:

4.1.1.1 Earned a doctoral degree with a Major or Its Equivalent in Pre-K to 12 educational leadership from a Regionally Accredited college or university with advanced preparation accreditation by the by the National Council for the Accreditation of Teacher Education (NCATE) or the Council for the Accreditation of Educator Preparation (CAEP); or

4.1.1.2 Earned a master’s or doctoral degree in any content area from a Regionally Accredited college or university and satisfactorily completed an alternative routes for licensure or certification program for superintendents as provided in 14 Del.C. §§1260 – 1266; or

4.1.1.3 Earned a master’s or doctoral degree in any content area from a Regionally Accredited college or university and satisfactorily completed a Department-approved educator preparation program for superintendents as provided in 14 DE Admin. Code 290 Approval of Educator Preparation Programs; or

4.1.1.4 Earned a master’s or doctoral degree in any content area from a Regionally Accredited college or university; holds Certified Central Office Personnel Standard Certificate (14 DE Admin. Code 1592) or Special Education Director Standard Certificate (14 DE Admin. Code 1594) that was issued by the Department; and satisfactorily completed an additional nine graduate-level credit hours in Pre-K to 12 educational leadership from a Regionally Accredited college or university or the equivalent in Professional Development approved by the Department. The additional nine graduate-level credit hours must be completed after the applicant was issued his or her Certified Central Office Personnel Standard Certificate (14 DE Admin. Code 1592) or Special Education Director Standard Certificate (14 DE Admin. Code 1594).

4.1.2 The applicant shall have achieved a Passing Score on one of the following examinations:

4.1.2.1 A Passing Score of 160 on the School Superintendent Assessment (ETS Test Code # 6021); or

4.1.2.2 A Passing Score of 162 on the School Superintendent Assessment (ETS Test Code # 6991).

4.1.3 The applicant shall have completed a minimum of seven years of education experience as provided in subsections 4.1.3.1 and 4.1.3.2.

4.1.3.1 The applicant shall have completed a minimum of five years of experience as an educator with satisfactory annual summative evaluations or the equivalent thereof on a state-approved educator evaluation system under a state credential in any Pre-K to 12 public school setting or an equivalent setting as approved by the Department; and

4.1.3.2 The applicant shall have completed a minimum of two years of one of the following full-time leadership experience requirements with satisfactory annual summative evaluations or the equivalent thereof on a state-approved educator evaluation system under a state credential in any Pre-K to 12 public school setting as approved by the Department:

4.1.3.2.1 Working as a school principal or assistant school principal; or

4.1.3.2.2 Working as a certified central office administrator; or

4.1.3.2.3 Working as a special education director; or

4.1.3.2.4 Working in another administrative instructional leadership position; or

4.1.3.2.5 Any combination of the leadership experience requirements in subsections 4.1.3.2.1 through 4.1.3.2.4.

5.0 Validity

5.1 This regulation shall be effective no less than ten (10) days from the date the Order amending the regulation has been published in its final form in the Delaware Register of Regulations.

5.1.1 Educators currently enrolled in a School Leader II course of study will have eighteen (18) months subsequent to the effective date to apply for the previous School Leader II Standard Certificate. Educators are responsible for providing the Department evidence of enrollment via submission of appropriate transcripts.

5.2 An Emergency Certificate for Superintendent or Assistant Superintendent is not available.

5.3 The Department shall also recognize a Standards Certificate for Superintendent or Assistant Superintendent issued by the Department prior to the effective date of this regulation.

5.0 Reciprocity

5.1 If an applicant is already licensed or certified as a superintendent or assistant superintendent in a state or jurisdiction whose requirements are not substantially similar to the requirements in Section 4.0, the applicant shall have satisfied the requirements in subsections 5.1.1 through 5.1.3 in order for the Department to issue a Superintendent and Assistant Superintendent Standard Certificate:

5.1.1 The applicant shall hold a Valid and Current License or Certificate as superintendent or assistant superintendent.

5.1.2 The applicant shall have earned a master’s or doctoral degree in a Pre-K to 12 education-related field from a Regionally Accredited college or university.

5.1.3 If the applicant has less than five years’ experience working as a superintendent or assistant superintendent in any Pre-K to 12 public school setting or an equivalent setting as approved by the Department, the applicant shall have achieved a Passing Score on one of the following examinations:

5.1.3.1 A Passing Score of 160 on the School Superintendent Assessment (ETS Test Code # 6021); or

5.1.3.2 A Passing Score of 162 on the School Superintendent Assessment (ETS Test Code # 6991).

6.0 Application Requirements

6.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with an application for an Initial License, and the applicant shall also provide all required documentation for the License.

6.2 For applicants who are applying for the Superintendent and Assistant Superintendent Standard Certificate under subsection 3.1.1, the following documentation is required:

6.2.1 Official transcript from the applicant’s Regionally Accredited college or university with advanced preparation accreditation by the National Council for the Accreditation of Teacher Education (NCATE) or the Council for the Accreditation of Educator Preparation (CAEP) for applicants who are applying under subsection 4.1.1.1 or official transcript from the applicant’s Regionally Accredited college or university for applicants who are applying under subsections 4.1.1.2, 4.1.1.3, and 4.1.1.4.

6.2.1.1 Electronic transcripts may be submitted by the Employing Authority or by the applicant’s Regionally Accredited college or university; or

6.2.1.2 Sealed paper transcripts may be submitted.

6.2.1.3 The Department will not accept copies of transcripts; and

6.2.2 Documents verifying successful completion of Department-approved Professional Development, if applicable; and

6.2.3 Official score on an examination as provided in subsection 4.1.2; and

6.2.4 The Department-approved form verifying the applicant’s completion of the experience requirement as provided in subsection 4.1.3; and

6.2.5 Additional documentation as required by the Department.

6.3 For applicants who are applying for the Superintendent and Assistant Superintendent Standard Certificate under subsection 3.1.2, the following documentation is required:

6.3.1 An official copy of the Valid and Current License or Certificate; and

6.3.2 Additional documentation as required by the Department.

6.4 For applicants who are applying for the Superintendent and Assistant Superintendent Standard Certificate under subsection 3.1.3, the following documentation is required:

6.4.1 An official copy of the Valid and Current License or Certificate; and

6.4.2 Official transcript from the applicant’s Regionally Accredited college or university.

6.4.2.1 Electronic transcripts may be submitted by the Employing Authority or by the applicant’s Regionally Accredited college or university; or

6.4.2.2 Sealed paper transcripts may be submitted.

6.4.2.3 The Department will not accept copies of transcripts; and

6.4.3 Official score on an examination as provided in subsection 5.1.3; and

6.4.4 Additional documentation as required by the Department.

7.0 Validity of a Standard Certificate

7.1 A Superintendent and Assistant Superintendent Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the Educator’s License remains current and valid.

7.2 A Superintendent and Assistant Superintendent Standard Certificate is not subject to renewal.

8.0 Disciplinary Action

8.1 An Educator’s Superintendent and Assistant Superintendent Standard Certificate may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits.

8.2 An Educator’s Superintendent and Assistant Superintendent Standard Certificate shall be revoked if the Educator's Initial, Continuing, or Advanced License or Standard or Professional Status Certificate is revoked or the Educator made a materially false or misleading statement in the Educator’s application in accordance with 14 Del.C. §1222.

8.3 An Educator whose certificate is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.

9.0 Secretary of Education Review

9.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Superintendent and Assistant Superintendent Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Superintendent and Assistant Superintendent Standard Certificate but whose effectiveness is documented by the local school district or charter school.

9.1.1 For school districts, requests shall be approved by the superintendent of the school district.

9.1.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school’s board of directors and requests concerning all other applicants shall be approved by the charter school’s head of school.

10.0 Past Certificate Recognized

The Department shall recognize a School Leader II and a Superintendent or Assistant Superintendent Standard Certificate that was issued by the Department prior to the effective date of this regulation. An Educator holding such a Standard Certificate shall be considered certified to practice as a superintendent and an assistant superintendent.

7 DE Reg. 190 (08/01/03)

7 DE Reg. 1744 (06/01/04)

Renumbered effective 06/01/07 - see Conversion Table

16 DE Reg. 972 (03/01/13)

24 DE Reg. 245 (09/01/20) (Prop.)