DEPARTMENT OF EDUCATION
Professional Standards Board
FINAL
REGULATORY IMPLEMENTING ORDER
1521 Elementary Teacher
I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED
Pursuant to 14 Del.C. §§1203 and 1205(b), the Professional Standards Board, acting in consultation and cooperation with the Delaware Department of Education (“Department”), developed amendments to 14 DE Admin. Code 1521 Elementary Teacher. The regulation concerns the requirements for an Elementary Teacher Standard Certificate in accordance with 14 Del.C. §1220. The proposed amendments include striking subsection 4.1.1.5 because the option to earn a degree in any content area and complete 15 credits or the equivalent in professional development in the area of the certificate does not apply to elementary teachers as they provide instruction in core content areas (14 Del.C. §1210(a)(1)). In addition, the proposed additional language in subsection 4.1.2.2 aligns with the date through which the assessment (ETS Test Code #7801) will be offered by ETS and the proposed amendment to subsection 4.1.2.4.3 is to strike an erroneous reference to ETS Test Code #7815. Other proposed amendments include clarifying changes in Section 1.0; striking two defined terms from Section 2.0 because the terms do not appear elsewhere in the regulation as a result of striking subsection 4.1.1.5; clarifying changes and removing the reference to Meritorious New Teacher Candidate Designation, which was through a reciprocal licensing agreement with other states that no longer exists, in Section 3.0; and clarifying changes in Sections 4.0, 5.0, 6.0, 7.0, and 9.0.
Notice of the proposed regulation was published in the Register of Regulations on June 1, 2020. The Professional Standards Board did not receive any written submittals concerning the proposed amendments.
II. FINDINGS OF FACTS
On August 6, 2020, the Professional Standards Board voted to propose 14 DE Admin. Code 1521 Elementary Teacher, in the form attached hereto as Exhibit A, for adoption by the Department subject to the State Board of Education’s approval.
The Department finds that the proposed amendments to the regulation are necessary to implement 14 Del.C. Ch. 12 and are designed to improve the quality of the Delaware educator workforce and to improve student performance. Accordingly, the Department finds that it is appropriate to amend 14 DE Admin. Code 1521 Elementary Teacher.
III. DECISION TO AMEND THE REGULATION
For the foregoing reasons, the Department concludes that it is appropriate to amend 14 DE Admin. Code 1521 Elementary Teacher subject to the State Board of Education’s approval. Therefore, pursuant to 14 Del.C. §§1203 and 1205(b), 14 DE Admin. Code 1521 Elementary Teacher attached hereto as Exhibit “A” is hereby amended.
IV. TEXT AND CITATION
The text of 14 DE Admin. Code 1521 Elementary Teacher adopted hereby shall be in the form attached hereto as Exhibit “A,” and said regulation shall be cited as 14 DE Admin. Code 1521 Elementary Teacher in the Administrative Code of Regulations for the Department.
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 Register of Regulations.
IT IS SO ORDERED the 20th day of August, 2020.
Department of Education
Susan S. Bunting, Ed.D., Secretary of Education
Approved this 20th day of August, 2020.
State Board of Education
/s/ Whitney Sweeney, President |
Vincent Lofink (Absent) |
/s/ Wali W. Rushdan, II, Vice President |
/s/ Audrey J. Noble, Ph.D. |
/s/ Nina Lou Bunting |
Provey Powell, Jr. (Absent) |
Candace Fifer (Absent) |
*Please Note: Electronic signatures ("/s/") were accepted pursuant to 6 Del.C. §12A-107(d).
1521 Elementary Teacher
1.1 This regulation shall apply to the issuance of a Standard Certificate, an Elementary Teacher Standard Certificate pursuant to 14 Del.C. §1220(a), for Elementary Teacher. This Certification is required for grades K to 6.
1.1.1 Notwithstanding subsection 1.1, the Early Childhood Teacher Certification Standard Certification may be used for K to grade 2 in lieu of this Certification.
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
"Certification" means the issuance of a certificate, which may occur regardless of a recipient's assignment or employment status.
"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.
"Fifteen (15) Credits or the Equivalent in Professional Development" means college credits or an equivalent number of hours with one (1) credit equating to fifteen (15) hours taken either as part of a degree program or in addition to a degree program from a regionally accredited college or university or a professional development provider approved by the Department. College credit means undergraduate or graduate level coursework and continuing education units (CEUs) completed at or through a regionally accredited college or university or other Department-approved provider.
"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.
"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 thirty (30) 30 semester hours of course work in a particular content area.
"Passing Score" means a minimum score as established by the Professional 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/or 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.
"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 from Another State" 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. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.
3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue an Elementary Teacher Standard Certificate to an Educator who:
3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License, or a or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or
3.1.2 Has met the requirements for licensure and holds a Valid and Current License or Certificate from Another State in elementary education; or education.
3.1.3 Has met the requirements for a Meritorious New Teacher Candidate Designation adopted pursuant to 14 Del.C. §1203.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for Certification an Elementary Teacher 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 alleged conduct involves allegations of 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.
4.1 For an applicant who is applying for his or her first Standard Certificate does not hold a content area Standard Certificate, the applicant shall have satisfied the requirements in subsections 4.1.1 and 4.1.2.
4.1.1 The applicant shall have:
4.1.1.1 Obtained and currently maintain an Early Childhood/Generalist certificate from the National Board for Professional Teaching Standards; or
4.1.1.2 Completed Earned a bachelor's degree from a regionally accredited college or university with a Major or Its Equivalent in elementary education from an educator preparation program approved or recognized by the National Council for the Accreditation of Teacher Education (NCATE), the Council for the Accreditation of Educator Preparation (CAEP), or a state where the state approval body employed the appropriate standards; or
4.1.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach grades K to 6 as provided in 14 DE Admin. Code 1507 14 Del.C. §§1260 - 1266; or
4.1.1.4 Satisfactorily completed a Department-approved educator preparation program in elementary education; or education.
4.1.1.5 Completed a bachelor's degree from a regionally accredited college or university in any content area and satisfactory completion of fifteen (15) credits or the equivalent in Department-approved Professional Development related to elementary education of which at least six (6) credits must focus on pedagogy.
4.1.1.5.1 The applicant, in consultation with the applicant's Employing Authority, shall select the Fifteen (15) Credits or the Equivalent in Professional Development subject to the Department's approval.
4.1.1.5.2 If the applicant does not have an Employing Authority or is applying for a Standard Certificate outside of the applicant's current spectrum of employment, the applicant shall select the Fifteen (15) Credits or the Equivalent in Professional Development in consultation with the Department and subject to the Department's approval.
4.1.2 The applicant shall have achieved a Passing Score on one of the following examinations:
4.1.2.1 On the Praxis Subject Assessment - Elementary Education: Multiple Subjects (ETS Test Code # 5001), the applicant shall have achieved a Passing Score on each of the following subtests:
4.1.2.1.1 Reading and Language Arts Subtest (ETS Test Code # 5002) a Passing Score of 157; and
4.1.2.1.2 Mathematics Subtest (ETS Test Code # 5003) a Passing Score of 157; and
4.1.2.1.3 Social Studies Subtest (ETS Test Code # 5004) a Passing Score of 155; and
4.1.2.1.4 Science Subtest (ETS Test Code # 5005) a Passing Score of 159; or
4.1.2.2 On the Praxis Elementary Education: Content Knowledge for Teaching (ETS Test Code # 7801), the applicant shall have achieved a Passing Score on each of the following subtests prior to August 31, 2020:
4.1.2.2.1 Reading and Language Arts CKT Subtest (ETS Test Code # 7802) a Passing Score of 156; and
4.1.2.2.2 Mathematics CKT Subtest (ETS Test Code # 7803) a Passing Score of 143; and
4.1.2.2.3 Science CKT Subtest (ETS Test Code # 7804) a Passing Score of 144; and
4.1.2.2.4 Social Studies Subtest (ETS Test Code # 7805) a Passing Score of 155; or
4.1.2.3 On the Praxis Elementary Education: Content Knowledge for Teaching (ETS Test Code # 7811), the applicant shall have achieved a Passing Score on each of the following subtests:
4.1.2.3.1 Reading and Language Arts CKT Subtest (ETS Test Code # 7812) a Passing Score of 156; and
4.1.2.3.2 Mathematics CKT Subtest (ETS Test Code # 7813) a Passing Score of 143; and
4.1.2.3.3 Science CKT Subtest (ETS Test Code # 7814) a Passing Score of 144; and
4.1.2.3.4 Social Studies CKT Subtest (ETS Test Code # 7815) a Passing Score of 153; or
4.1.2.4 The applicant shall have achieved a Passing Score on each of the following subtests:
4.1.2.4.1 Praxis Subject Assessment - Elementary Education: Reading Language Arts Subtest (ETS Test Code # 5002) a Passing Score of 157 or Praxis Elementary Education: Content Knowledge for Teaching Reading and Language Arts CKT Subtest (ETS Test Code # 7802 or 7812) a Passing Score of 156; and
4.1.2.4.2 Praxis Subject Assessment - Elementary Education: Mathematics Subtest (ETS Test Code # 5003) a Passing Score of 157 or Praxis Elementary Education: Content Knowledge for Teaching Mathematics CKT Subtest (ETS Test Code # 7803 or 7813) a Passing Score of 143; and
4.1.2.4.3 Praxis Subject Assessment - Elementary Education: Social Studies Subtest (ETS Test Code # 5004) a Passing Score of 155 or Praxis Elementary Education: Content Knowledge for Teaching Social Studies Subtest (ETS Test Code #7805 or 7815) a Passing Score of 155 or Social Studies CKT Subtest (ETS Test Code # 7815) a Passing Score of 153; and
4.1.2.4.4 Praxis Subject Assessment - Elementary Education: Science Subtest (ETS Test Code # 5005) a Passing Score of 159 or Praxis Elementary Education: Content Knowledge for Teaching Science CKT Subtest (ETS Test Code # 7804 or 7814) a Passing Score of 144.
4.2 For an applicant who is applying for his or her second or subsequent holds at least one content area Standard Certificate, the applicant shall have achieved a Passing Score on one of the following examinations: an examination as provided in subsection 4.1.2.
4.2.1 On the Praxis Subject Assessment - Elementary Education: Multiple Subjects (ETS Test Code # 5001), the applicant shall have achieved a Passing Score on each of the subtests as provided in subsection 4.1.2.1; or
4.2.2 On the Praxis Elementary Education: Content Knowledge for Teaching (ETS Test Code # 7801), the applicant shall have achieved a Passing Score on each of the subtests as provided in subsection 4.1.2.2; or
4.2.3 On the Praxis Elementary Education: Content Knowledge for Teaching (ETS Test Code # 7811), the applicant shall have achieved a Passing Score on each of the subtests as provided in subsection 4.1.2.3; or
4.2.4 The applicant shall have achieved a Passing Score on each of the subtests as provided in subsection 4.1.2.4.
5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with the application for an the Initial License, and the applicant shall also provide all required documentation for the License.
5.2 For applicants who are applying for their first an applicant who does not hold a content area Standard Certificate, the following documentation is required with the application for an Elementary Teacher Standard Certificate:
5.2.1 Evidence of obtaining and maintaining an Early Childhood/Generalist certificate from the National Board for Professional Teaching Standards, if applicable; and
5.2.2 Official transcript from the applicant's regionally accredited Regionally Accredited college or university.
5.2.2.1 Electronic transcripts may be submitted by the Employing Authority or by the applicant's regionally accredited Regionally Accredited college or university; or
5.2.2.2 Sealed paper transcripts may be submitted.
5.2.2.3 The Department will not accept copies of transcripts; and
5.2.3 If applicable, documents verifying successful completion of Professional Development; and
5.2.4 5.2.3 Official scores on the Praxis Subject Assessment or Praxis Elementary Education: Content Knowledge for Teaching as provided in subsection 4.1.2; and
5.2.5 If applicable, an experience form must be completed in full and signed by the applicant; and
5.2.6 5.2.4 Additional documentation as required by the Department.
5.3 For applicants who are applying for their second or subsequent an applicant who holds at least one content area Standard Certificate, the following documentation is required in the application for a Standard Certificate for Elementary Teacher an Elementary Teacher Standard Certificate:
5.3.1 Official scores on the Praxis Subject Assessment or Praxis Elementary Education: Content Knowledge for Teaching as provided in subsection 4.2; and
5.3.2 Additional documentation as required by the Department.
5.4 For applicants who have met the requirements for licensure and hold a Valid and Current License or Certificate from Another State in elementary education, the following documentation is required in the application for a Standard Certificate for Elementary Teacher an Elementary Teacher Standard Certificate:
5.4.1 An official copy of the valid and current educator license or certificate from another state or professional license. Valid and Current License or Certificate; and
5.4.2 Additional documentation as required by the Department.
6.1 A Standard Certificate for Elementary Teacher An Elementary Teacher Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the Educator's License remains current and valid.
6.2 A Standard Certificate for Elementary Teacher An Elementary Teacher Standard Certificate is not subject to renewal.
7.1 An Educator's Elementary Teacher 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.
7.2 An Educator's Elementary Teacher Standard Certificate shall be revoked in the event 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 Standard Certificate application in accordance with 14 Del.C. §1222.
7.2 7.3 An Educator whose Standard Certificate certificate is noticed for revocation disciplinary action is entitled to a full and fair hearing before the Standards Board.
7.2.1 Hearings shall be conducted in accordance with the 14 DE Admin. Code 1515 Hearing Procedures and Rules.
The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for an Elementary Teacher Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for an Elementary Teacher Standard Certificate but whose effectiveness is documented by the local school district or charter school.
The Department shall recognize an Elementary Teacher Standard Certificate that was issued by the Department prior to the effective date of this regulation. An educator holding such a Standard Certificate issued by the Department before the effective date of this regulation shall be considered certified as an elementary teacher to teach elementary education.