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 1581

PROPOSED

PUBLIC NOTICE

Educational Impact Analysis Pursuant to 14 Del.C. §122(d)

1581 School Reading Specialist

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 1581 School Reading Specialist. The regulation concerns the requirements for a School Reading Specialist Standard Certificate in accordance with 14 Del.C. §1220. The proposed amendments that were initially published in the Register of Regulations on November 1, 2020 included adding defined terms to Section 2.0; clarifying the requirements for issuing a School Reading Specialist Standard Certificate in Section 3.0; specifying the education, knowledge, and skill requirements for obtaining a School Reading Specialist 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 School Reading Specialist 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.

On January 1, 2021, the Board considered the written submittals that it received concerning the proposed amendments and republished the proposed amendments that were originally published on November 1, 2020, without any additional amendments, to allow additional time for written submittals to be submitted to the Board and an opportunity for a public hearing. On February 4, 2021, the Board held a public hearing concerning the proposed amendments. On March 4, 2021, the Board deliberated on the comments made during the public hearing in addition to the written submittals received. The Board sought additional information, including information concerning school reading specialists, International Literacy Association ("ILA") standards, and International Dyslexia Association ("IDA") standards. As a result, the Board withdrew the proposed amendments that were republished on January 1, 2021.

On April 1, 2021, the Board had presentations regarding school reading specialists, ILA standards for reading/literacy specialists, and IDA standards. The Board decided to republish the proposed amendments that were published on November 1, 2020 and republished on January 1, 2021 without any additional amendments. The proposed amendments were published again in the Register of Regulations on May 1, 2021. The Board received written submittals from Sarah Beth Theaker and Leah Wasserman.

On June 3, 2021, the Board considered the written submittals and ultimately withdrew the regulation that was published on May 1, 2021.

The Board continued working on developing proposed amendments to the regulation. On April 1, 2022, the Board published proposed amendments to the regulation, including revising the definition of the term "Valid and Current License or Certificate" in Section 2.0 to clarify it is referring to an educator's license or certificate; revising the requirements for reciprocity in Section 3.0 and removing the section on reciprocity that was previously proposed; revising subsection 4.1.1.1 to clarify the requirements and add the IDA standards as an option; revising the course title in subsection 4.1.1.1.2.5; moving the section concerning Secretary of Education review up to Section 6.0 and renumbering the subsequent sections concerning validity and disciplinary actions; and adding Section 10.0, which concerns applicants' and Educators' contact information with the Department and specifies how they can change their name or address. The other proposed amendments are the same as the proposed amendments that were published on November 1, 2020, January 1, 2021, and May 1, 2021.

The Board received written submittals from faculty members in the University of Delaware's School of Education; Kathryn Brown, Ed.D.; Nigel A. Caplan, PhD; Oribel McFann-Mora, Ed.D.; the Governor's Advisory Council on English Learners; the State Council for Persons with Disabilities ("SCPD"); the Governor's Advisory Council for Exceptional Citizens ("GACEC"); and Casey A. Cashdollar, all of whom opposed revising the course title in subsection 4.1.1.1.2.5. In addition, SCPD and GACEC recommended the Board make the definition of the term "Valid and Current License or Certificate" consistent with prior adopted definitions and make the language in subsection 3.1.2 consistent with other proposed and adopted regulations.

On May 5, 2022, the Board considered the written submittals and voted to amend subsection 4.1.1.1.2.5 to "Teaching English as a Second Language." Pursuant to 29 Del.C. §10118(c), the Board's Chairperson determined the amendment to subsection 4.1.1.1.2.5 is substantive and, as a result, the Board voted to publish the regulation with the amendment to subsection 4.1.1.1.2.5. The Board found that further changes to the definition of "Valid and Current License or Certificate" and subsection 3.1.2 as a result of SCPD's and GACEC's comments were not necessary because the Board is in the process of incorporating the proposed language in all applicable regulations moving forward. Therefore, this proposed regulation includes all of the amendments that were published on April 1, 2022 as well as the change in the course title in subsection 4.1.1.1.2.5.

Persons wishing to present their views regarding this matter may do so in writing by submitting them to the Department of Education, Office of the Secretary, Attn: Regulation Review, 401 Federal Street, Suite 2, Dover, Delaware 19901 or through the Department's online submission form at https://education.delaware.gov/community/delaware-education-laws-and-regulations/provide-public-comment/ by the close of business (4:30 p.m. EST) on or before July 6, 2022. Any person who wishes to receive a copy of the proposed regulation may obtain a copy from the Department at the Office of the Secretary on the second floor of the Townsend Building, 401 Federal Street, Dover, Delaware.

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 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 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 School Reading Specialist Standard Certificate but whose effectiveness is documented by the district or school. Proposed Section 6.0 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 5.0 apply to individual applicants. In addition, the requirements in Section 10.0 apply to individual applicants and Educators.

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.

1581 School Reading Specialist

1.0 Content

1.1 This regulation shall apply to the requirements for a issuance of a School Reading Specialist Standard Certificate, pursuant pursuant to 14 Del.C. §1220(a), for School Reading Specialist. This certification The School Reading Specialist Standard Certificate is required for all School Reading Specialists 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.

16 DE Reg. 770 (01/01/13)

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:

"Department" means the Delaware Department of Education.

"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.

“Reading Specialist” means an educator whose responsibility is to improve reading achievement in their the educator's assigned school or district position. A Reading Specialist provides may provide one-on-one or small group, diagnostic teaching of reading. Responsibilities may include coaching and leading school reading programs. Reading Specialists’ assignments may include Title I reading teachers, reading resource teachers and educators who work with teachers in reading and communication skills, including, but not limited to literacy coaches and coordinators, and individuals employed as building or district coordinators of reading or in Reading Cadre positions. Reading Specialists may also serve as a resource in reading and writing for educational support personnel, administrators, teachers, and the community, provide professional development based on historical and current literature and research, work collaboratively with other professionals to build and implement reading programs for individuals and groups of students, and serve as advocates for students who struggle with reading.

"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 as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator 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.

16 DE Reg. 770 (01/01/13)

3.0 Issuance of a Standard Certificate

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

3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License; License 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 an educator's license in Delaware and presents proof of a Valid and Current License or Certificate as a Reading Specialist issued by another state or jurisdiction.

3.1.3 Has satisfied the additional requirements in this regulation.

3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a School Reading Specialist 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.

16 DE Reg. 770 (01/01/13)

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 Master's degree or its equivalent from a regionally accredited college or university in Reading 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 Completion of either a Bachelor's degree plus (30) graduate level credit hours or a Master’s degree, from a regionally accredited college or university in any content area; and

4.1.1.2.1 The successful completion of twenty-four (24) graduate level credit hours in the following content areas:

4.1.1.2.1.1 Assessment and Instruction in Writing (3 credits);

4.1.1.2.1.2 Assessment and Instruction in Reading (6 credits);

4.1.1.2.1.3 Practicum in Reading to include application of strategies in assessment, instruction and parent involvement (6 credits);

4.1.1.2.1.4 Literacy in the Content Areas (3 credits);

4.1.1.2.1.5 Teaching English as a Second Language (3 credits); and either

4.1.1.2.1.6 Literacy Acquisition (3 credits); or

4.1.1.2.1.7 Coaching Adult Learners (3 credits).

4.2 Experience requirements:

4.2.1 An educator must have a minimum of three (3) years of teaching experience.

4.1 An applicant for a School Reading Specialist Standard Certificate shall have satisfied the requirements in subsections 4.1.1 through 4.1.3.

4.1.1 The applicant shall have satisfied both of the education requirements in subsections 4.1.1.1 and 4.1.1.2.

4.1.1.1 The applicant shall have satisfied one of the following:

4.1.1.1.1 Earned a master's degree in reading or literacy or its equivalent from a Regionally Accredited college or university or a state-approved educator preparation program for a reading/literacy specialist; or

4.1.1.1.2 Earned a bachelor's degree and completed 30 graduate-level credit hours in any content area from a Regionally Accredited college or university. In addition, the applicant shall have satisfactorily completed 24 graduate-level credit hours that are aligned to either the International Literacy Association (ILA) Standards for Reading/Literacy Specialists or the International Dyslexia Association (IDA) Standards for Teachers of Reading in the following areas:

4.1.1.1.2.1 Assessment and instruction in writing (three credits);

4.1.1.1.2.2 Assessment and instruction in reading that is based on the five core principles of phonological awareness, phonics, fluency, vocabulary, and comprehension (six credits);

4.1.1.1.2.3 Practicum in reading to include application of strategies in assessment, instruction, and parent involvement (six credits);

4.1.1.1.2.4 Literacy in the content areas (three credits);

4.1.1.1.2.5 Teaching English as a Second Language (three credits); and

4.1.1.1.2.6 Literacy acquisition (three credits).

4.1.1.1.3 Earned a master's degree in any content area and satisfactorily completed 24 graduate-level credit hours that are aligned to either the International Literacy Association (ILA) Standards for Reading/Literacy Specialists or the International Dyslexia Association (IDA) Standards for Teachers of Reading in the areas specified in subsections 4.1.1.1.2.1 through 4.1.1.1.2.6.

4.1.1.2 The applicant shall have satisfactorily completed at least one course related to leadership, adult learning theory, or coaching adult learners, taken either as part of a degree program or in addition to a degree program from a Regionally Accredited college or university.

4.1.2 The applicant shall have achieved the minimum score on one of the following examinations:

4.1.2.1 A minimum score of 164 on the Praxis Subject Assessment - Reading Specialist (ETS Test Code # 5301); or

4.1.2.2 A minimum score of 165 on the Praxis Subject Assessment - Reading Specialist (ETS Test Code #5302).

4.1.3 The applicant shall have completed a minimum of three years of teaching experience, including meeting students on a regularly scheduled basis, planning and delivering instruction, developing or preparing instructional materials, and evaluating student performance under a state credential in any Pre-K to 12 public school setting or an equivalent setting as approved by the Department.

16 DE Reg. 770 (01/01/13)

5.0 Application Requirements

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

5.2 An applicant must disclose the applicant's criminal conviction history upon application for a School Reading Specialist Standard Certificate. Failure to disclose a criminal conviction history is grounds for denial of a School Reading Specialist Standard Certificate as specified in 14 Del.C. §1219.

5.3 For applicants who are applying for the School Reading Specialist Standard Certificate under subsection 3.1.1, the following documentation is required:

5.3.1 Official transcript from the applicant's Regionally Accredited college or university.

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

5.3.1.2 Sealed paper transcripts may be submitted.

5.3.1.3 The Department will not accept copies of transcripts; and

5.3.2 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2; and

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

5.3.4 Additional documentation as required by the Department.

5.4 For applicants who are applying for the School Reading Specialist Standard Certificate under subsection 3.1.2, the following documentation is required:

5.4.1 An official copy of the Valid and Current License or Certificate as a Reading Specialist; and

5.4.2 Additional documentation as required by the Department.

6.0 Secretary of Education Review

6.1 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 School Reading Specialist Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a School Reading Specialist Standard Certificate but whose effectiveness is documented by the local school district or charter school.

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

6.1.2 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.

7.0 Validity of a Standard Certificate

7.1 A School Reading Specialist 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 School Reading Specialist Standard Certificate is not subject to renewal.

8.0 Disciplinary Action

8.1 An Educator's School Reading Specialist 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 School Reading Specialist Standard Certificate shall be revoked if the Educator's Initial, Continuing, or Advanced License 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 Past Certificate Recognized

The Department shall recognize a School Reading Specialist 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 Reading Specialist.

10.0 Contact Information and Change of Name or Address

10.1 All applicants and Educators are required to update their contact information in DEEDS if their contact information changes.

10.2 An Educator who legally changes the Educator's name and wishes to change the name on the School Reading Specialist Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.

10.3 An applicant or Educator whose mailing address, email address, or phone number changes shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.

7 DE Reg. 775 (12/01/03)

8 DE Reg. 899 (12/01/04)

10 DE Reg. 100 (07/01/06)

Renumbered effective 6/1/07 - see Conversion Table

16 DE Reg. 770 (01/01/13)

25 DE Reg. 1100 (06/01/22) (Prop.)