CHAPTER 294

FORMERLY

SENATE BILL NO. 260

AS AMENDED BY HOUSE AMENDMENT NOS. 2, 12, 13, 17, 19, 21, 22, 28, 33, 35, 38 AND 39 AND

SENATE AMENDMENT NOS. 1, 2, 4, 5, 7, 9, 10, 11, 12 AND 13

AN ACT TO AMEND TITLES 11, 14, AND 29 OF THE DELAWARE CODE RELATING TO EDUCATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. This Act shall be known as the Professional Development and Educator Accountability Act of 2000.

Section 2. Amend Chapter 12, Title 14 of the Delaware Code by designating current Subchapter II, Subchapter III, and Subchapter IV as new Subchapter IV, new Subchapter V, and new Subchapter VI respectively and by deleting the remainder of Chapter 12 in its entirety and inserting in lieu thereof the following:

“CHAPTER 12. EDUCATOR LICENSURE, CERTIFICATION, EVALUATION, AND PROFESSIONAL DEVELOPMENT

Subchapter I.

§ 1201. Purpose.

The purpose of this chapter is to establish a system of professional development, professional standards, licensure, certification, and evaluation that serves to continually improve the quality of instruction for Delaware’s children so that they are equipped to work and succeed in an ever-changing and increasingly complex global economy. The General Assembly finds that a rigorous system of licensure, certification, professional development, and evaluation designed to support improved student achievement, together with an expansion of the salary system to include compensation for skills and knowledge, will serve to improve the quality of the Delaware educator workforce and to improve student performance. All educators must be licensed, certified, and evaluated in accordance with this chapter. To develop this system and to ensure that its purposes are achieved, the General Assembly creates the Delaware Professional Standards Board to work in conjunction with the Department of Education and the State Board of Education toward the full implementation of this chapter.

§ 1202. Definitions.

The following definitions apply to this chapter:

(1) ‘State Board’ means the State Board of Education of the State of Delaware pursuant to §104 of this title.

(2) ‘Standard certificate’ means a credential issued to certify that an educator has the prescribed knowledge, skill, and/or education to practice in a particular area, teach a particular subject, or teach a category of students. An educator may be issued one or more certificates.

(3) ‘Certification’ means the issuance of a certificate, which may occur regardless of a recipient’s assignment or employment status.

(4) ‘Delaware Performance Appraisal System II’ (DPAS II) means the evaluation developed and conducted pursuant to this chapter.

(5) ‘Department’ means the Delaware Department of Education.

(6) ‘Educator’ means a public school employee who holds a license issued under the provisions of this chapter, and includes teachers and administrators, and as otherwise defined by the Standards Board and State Board pursuant to § 1203 of this title, but does not include substitute teachers (§1230 of this title).

(7) ‘Emergency certificate’ means a credential which may be issued only if a certified educator is not available through reassignment or hiring and only if the employing district establishes that (a) the proposed recipient of the emergency certificate is competent, and (b) the employing district is committed to support and assist the proposed recipient in achieving the skills and knowledge necessary to meet certification requirements.

(8) ‘Evaluator’ means an individual or team meeting the minimum qualifications to appraise educator performance, as set forth in the rules and regulations promulgated under § 1271 of this title.

(9) ‘License’ means a credential which authorizes the holder to engage in the practice for which the license is issued.

(10) ‘Paraprofessional’ means a public school employee covered by § 1324 of this title.

(11) ‘Secretary’ means the Secretary of the Delaware Department of Education.

(12) ‘Standards Board’ means the Professional Standards Board established pursuant to this chapter.

§1203. Rules and regulations.

Unless otherwise provided for in this chapter, rules and regulations necessary to implement this chapter must be proposed by the Standards Board subject to approval of the State Board. The Standards Board shall develop rules and regulations in consultation and cooperation with the Department. Once developed, the rules and regulations must be sent to the Executive Secretary of the State Board and must be included on the State Board’s agenda no later than the second regular meeting of the State Board following the Executive Secretary’s receipt of the rules and regulations. The rules and regulations must be addressed by the State Board when placed on its agenda. If approved by the State Board, rules and regulations have the force and effect of law. The Department shall adopt and publish all rules and regulations pursuant to the provisions of this section and to the provisions of the Administrative Procedures Act.

§1205. Professional Standards Board.

(a) Recognizing that well-prepared, effective educators are critical to our students’ success and that those entrusted with the achievement of our students should have a voice in the development of policies that affect their profession, there is hereby established the Professional Standards Board. The intent of the General Assembly is that the Standards Board and the Department work in close coordination and collaboration to fully and effectively implement the purposes of this chapter.

(b) The Standards Board shall develop rules and regulations relating to educators’ professional development, licensure requirements, certification requirements, teacher preparation, recruitment, and retention, the Delaware Performance Appraisal System II, and evaluator and paraprofessional qualifications and training. The Department shall implement the rules and regulations promulgated and adopted pursuant to this chapter relating to licensure and certification of educators and certification of evaluators, and as otherwise directed by rules and regulations developed under this chapter.

§1206. Composition and governance of the Professional Standards Board.

(a) The Standards Board shall consist of fifteen voting members and one non-voting member as follows:

(1) Eight public school teachers, no less than two from each county, with one being a special education teacher and at least one teacher each from the high school, middle school, and elementary school levels. The eight teachers must be selected from a list supplied by the Delaware State Education Association in accordance with subsection (c) of this section. Each teacher appointed to the Standards Board must have demonstrated excellence in his or her field by achieving honors or special recognition in his or her field, including, but not limited to State, district, or building level Teacher of the Year, National Board for Professional Teaching Standards certification, or the Presidential Award for Excellence.

(2) Three public school administrators, one from each county, selected from a list supplied by the Delaware Association of School Administrators in accordance with subsection (c) of this section.

(3) One member of a local school board selected from a list supplied by the Delaware State School Board Association in accordance with subsection (c) of this section.

(4) Two parents with children in public schools, from separate counties, selected from a list supplied by the Delaware Congress of Parents and Teachers in accordance with subsection (c) of this section.

(5) One representative of higher education selected from a list supplied by the Council of Presidents in accordance with subsection (c) of this section.

(6) The chair of the State Public Education Assessment and Accountability System Advisory Committee, or the chair's designee, is the non-voting member.

(b) The Governor, by and with the consent of a majority of the members elected to the Senate, shall appoint each voting member of the Standards Board for a term of three years, except that initial appointments are for the following terms: five members for an initial term that expires two years following the date of appointment; five members for an initial term that expires three years following the date of appointment; and five members, including the chair of the Standards Board, for an initial term that expires four years from the date of appointment. The Governor shall designate one voting educator-member to serve, at the pleasure of the Governor, as chair of the Standards Board. The members of the Standards Board shall elect a vice-chair. A member of the Standards Board serves until his or her successor is appointed. A member appointed to fill a vacancy serves for the remainder of the term of the member whom he or she replaced. A Standards Board member is eligible for reappointment. If a disciplinary proceeding is initiated against a board member, the member may not participate in Standards Board business until the charge is adjudicated or the matter is otherwise concluded.

(c) With respect to appointments pursuant to subsection (a) of this section, the designated organization shall provide the Governor with a list of potential appointees. The Governor may require that a specific number of potential appointees, up to twenty, be included on any list submitted. The Governor may reject all potential appointees on the list and request up to four additional lists at his or her discretion.

(d) The Standards Board shall have the following standing committees in the following subject areas:

1. Teacher Preparation, Recruitment, and Retention;

2. Licensure and Certification Criteria;

3. Professional Development and Associated Compensation; and

4. The Delaware Performance Appraisal System II (DPAS II).

A standing committee must consist of at least one member of the Standards Board and other persons as may be mutually agreeable to the chair of the Standards Board and the Secretary.

(e) The majority of the voting members of the Standards Board shall appoint an executive director of the Standards Board. The executive director must have been a resident of Delaware for a minimum of one year immediately prior to his or her appointment, and must have at least 10 years' experience as a professional educator in a public school system, with at least five years as a classroom teacher. The executive director acts as secretary to the Standards Board and receives compensation commensurate with the Department salary schedule. The executive director shall serve at the pleasure of the majority of the voting members of the Standards Board. The executive director is excluded from 'classified service' and 'state service' as defined in Chapter 59 of Title 29. The Department shall provide the Standards Board with access to Department personnel who are reasonably necessary to carry out the duties of the Standards Board.

(f) The Standards Board may create any committees that it deems necessary, provided that a committee created under this subsection does not overlap or otherwise make recommendations in the subject areas governed by the standing committees designated in subsection (d) of this section. The chair of the Standards Board may appoint members of the Standards Board to such committees. The Standards Board may, by mutual agreement between its chair and the Secretary, appoint educators, parents, citizens, and members of the business community to a committee created under this subsection.

(g) A majority of the members of the Standards Board constitutes a quorum. No motion or resolution of the Standards Board may be adopted without the concurrence of the majority of the members of the Board plus at least one additional affirmative vote.

(h) A member of the Standards Board is entitled to receive an annual salary of $600 or $150 per meeting, whichever is greater, and to be reimbursed for reasonable and necessary expenses incurred in connection with the performance of official duties. Meetings of the Standards Board may not be held during normal school hours.

(i) Upon the request of the Secretary for advice or recommendations on matters within the purview of the Standards Board, the Standards Board shall respond to the request within a time frame that is mutually agreed upon between the Secretary and the chair of the Standards Board.

(j) The initial fifteen voting members of the Standards Board must be appointed no later than ninety days after the enactment of this Act.

(k) The Standards Board is subject to the provisions of the Administrative Procedures Act (Chapter 101 of Title 29).

Subchapter II. Three-tiered licensure system

§1210. Tier One - Initial licensure.

(a) An initial license is valid for three years unless revoked. The Department shall issue an initial license under this section if an applicant demonstrates that he or she has received a bachelors degree from an accredited four-year college or university, has completed a student teaching program or the Alternative Routes to Licensure and Certification program, and has achieved a passing score on an examination of general knowledge such as Praxis I.

(b) If a licensee intends to apply for a continuing license, the licensee shall, prior to the expiration of his or her initial license, complete professional development and mentoring activities as may be required by rules and regulations promulgated and adopted pursuant to this chapter.

(c) Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may issue an initial license to an applicant licensed as an educator in another jurisdiction or to an applicant who previously held a valid Delaware certificate that has since expired.

(d) An initial license may not be renewed. It may, however, be extended pursuant to § 1216 of this chapter.

§1211. Tier Two - Continuing licensure.

(a) A continuing license is valid for five years unless extended pursuant to §1216 of this chapter or revoked.

(b) Upon application, the Department shall issue a continuing license to an educator holding an initial license if the educator has successfully completed the requirements of § 1210 of this chapter and has not received more than one unsatisfactory annual evaluation, as defined by DPAS II, during the period of initial licensure.

(c) Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may issue a continuing license to an applicant licensed as an educator in another jurisdiction or to an applicant who previously held a valid Delaware certificate that has since expired.

§1212. Continuing licensure - Renewal.

Upon application, the Department shall renew a continuing license for an additional five-year term if the educator has completed ninety clock-hours of approved professional development, as well as other professional development and/or mentoring requirements as may be required by the rules and regulations promulgated and adopted pursuant to this chapter. For the purpose of this section, ‘clock-hour’ means actual time spent in professional development, not credit hours. The Standards Board shall review the professional development requirements of this section on an on-going basis for the purpose of proposing regulations that modify the minimum requirements of this section and that improve the effectiveness of professional development. Notwithstanding any provisions of this section to the contrary, the Standards Board may not modify the minimum clock-hour requirement of this section until January 1, 2003.

§1213. Tier Three - Advanced licensure.

An advanced license is valid for ten years unless extended pursuant to § 1216 of this chapter or revoked. Upon application, the Department shall issue an advanced license to an educator who receives National Board for Professional Teaching Standards certification. The Department may also issue an advanced license to an educator who, upon application, demonstrates proficiency under an equivalent program that has been approved in rules and regulations promulgated and adopted under this chapter.

§1214. Advanced licensure - Renewal.

Upon application, the Department shall renew an advanced license for an additional ten-year term, provided that the educator maintained proficiency under the program for which the advanced license was first issued.

§1215. Licensure of educators holding professional status certificates or other certificates.

The Department shall issue a continuing license to a person holding a Delaware certificate issued by an education certifying board prior to July 13, 1971, or a professional status certificate issued by the Department prior to the effective date of this Act. Upon application, the Department shall issue an advanced license to a person holding current National Board for Professional Teaching Standards certification and a current Delaware certificate at the time of enactment of this Act.

§1216. License extension; license freeze.

(a) Upon a showing by an educator of exigent circumstances, the Department may, through rules and regulations promulgated and adopted pursuant to this chapter, issue a license extension for a period not to exceed one year.

(b) An educator may take an extended leave of absence for up to 3 years with no effect upon the validity or expiration of the educator's initial, continuing, or advanced license.

§1217. Denial of license.

Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may refuse to issue a license to an applicant who otherwise meets the requirements of this subchapter upon a finding that the applicant is unfit to be licensed in the State of Delaware. An applicant is entitled to a full and fair hearing before the Standards Board to challenge a denial pursuant to this section.

§1218. Revocation of license.

A license issued under the provisions of this subchapter may be revoked upon the dismissal of the license holder for immorality, misconduct in office, incompetency, willful neglect of duty, or disloyalty and must be revoked upon a finding that the license holder made a materially false or misleading statement in his or her license application. A license holder is entitled to a full and fair hearing before the Standards Board to challenge a revocation pursuant to this section.

§1219. Disclosure.

Pursuant to the rules and regulations promulgated and adopted under this chapter, the Department shall require each applicant for a license under this chapter to disclose his or her criminal conviction history. Failure to disclose a criminal conviction history pursuant to this section is grounds for denial of a license under §1217 of this title, revocation of a license under §1218 of this title, and/or criminal prosecution under Subchapter VI (Criminal Background Check for Public School Related Employment) of Chapter 85 of Title 11.

Subchapter III. Educator Certification

§1220. Standard certificate.

Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department shall issue a standard certificate to an educator who fully meets the requirements for licensure and has acquired the prescribed knowledge, skill, and/or education to practice in a particular area, to teach a particular subject, or to instruct a particular category of students. Where applicable and available, an applicant for a standard certificate must have achieved a passing score on an examination of content knowledge, such as Praxis II. The Department shall recognize a professional status certificate or standard certificate that is otherwise valid, if issued prior to the effective date of this Act. The Department shall also recognize a limited standard certificate issued prior to the effective date of this Act, provided that the educator successfully completes the requirements set forth in the limited standard certificate.

§1221. Emergency certificate.

Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may issue an emergency certificate only if a certified educator is not available through reassignment or hiring and only if the employing district establishes that (1) the proposed recipient of the emergency certificate is competent, and (2) the employing district is committed to support and assist the proposed recipient in achieving the skills and knowledge necessary to meet certification requirements.

§1222. Revocation of standard certificate.

A standard certificate must be revoked upon a finding that the certificate holder made a materially false or misleading statement in his or her certificate application or upon revocation of a license issued under this chapter. A certificate holder is entitled to a full and fair hearing before the Standards Board to challenge a revocation pursuant to this section.

§1223. Teaching assignment outside area of certification.

If the employer of an educator assigns the educator to teach in an area outside the educator's certification, the employer may not reduce the salary of the educator as a result of the assignment.

Subchapter VII. Educator Evaluations

§1270. The Delaware Performance Appraisal System II.

(a) An educator must receive at least one Delaware Performance Appraisal System II (DPAS II) evaluation annually. The evaluation must be consistent with the Delaware Professional Teaching Standards and the Delaware Administrators’ Standards, and must otherwise be in accordance with the criteria and requirements of this section.

(b) The Standards Board, through its Delaware Performance Appraisal System II standing committee, shall develop a new educator evaluation system (DPAS II) to submit for approval by the State Board by January 1, 2001. The DPAS II must include an overall rating and a student-improvement component rating, and must identify what constitutes satisfactory performance and unsatisfactory performance on the overall evaluation and on each component of the evaluation. For the purposes of §1273 of this title, DPAS II must also include a definition of ‘pattern of ineffective teaching’ and define pattern of ineffective administration as they relate to unsatisfactory performance on the overall DPAS II evaluation. Notwithstanding subsection (a) of this section, the minimum annual evaluation requirement for educators may be waived pursuant to rules and regulations adopted under this chapter for proficient performance on previous evaluations. However, an educator may not receive two consecutive evaluation waivers.

(c) DPAS II must have no more than five components and must have a strong focus on student improvement, with one component dedicated exclusively to student improvement and weighted at least as high as any other component. The measure of student improvement must include an off-grade assessment, if available, along with other measures determined by the DPAS II standing committee, the Standards Board, and the State Board. The measure of student improvement must take into consideration student absence, student mobility, student chronic noncompliance with school rules, chronic failure by parents to abide by the Parents’ Declaration of Responsibilities under §157 of this title, and other factors that may adversely affect the evaluation. If a student has missed more than 15% of the class time, the student’s performance evaluation shall not be used in evaluating a teacher under this act.

(d) The Department shall develop an off-grade annual assessment to measure student improvement. The assessment must be linked to the Delaware Student Testing Program in reading, writing, and math. Assessments must be made available to every district by April 2001, subject to an annual appropriation and approval by the Secretary.

(e) Off-grade annual assessments in other content areas may be developed and, if developed, must be utilized as they become available.

(f) A local school district may develop and implement other assessment tools that measure annual student improvement, including assessments in other content areas. Assessment tools developed and implemented pursuant to this subsection must be approved by the Secretary and the Standards Board and must be funded with local funds.

(g) Nothing in this section prevents a local school district from administering other evaluations in addition to the Delaware Performance Appraisal System II, provided that administration of additional evaluations is reported to the Department.

(h) A local school district may make application to the Standards board for a waiver of the provisions of the DPAS II evaluation system which shall be granted, subject to the provisions of §1203 of this Title, if the request for a waiver is based on a locally developed evaluation process that is demonstrated to be the product of the collective bargaining process pursuant to Chapter 40 of this Title and community review and is as rigorous and as educationally sound as DPAS II; provides for evaluating educator performance by measuring student growth using multiple measures over the course of a curricular year; and contains a mechanism for certifying evaluators and for quality control. Locally developed evaluation systems authorized pursuant to this subsection may not be applied to educators holding an initial license.

§1271. Certification of professional evaluators; monitoring evaluations.

(a) The Standards Board shall develop rules and regulations pursuant to this chapter to credential professional evaluators for the Delaware Performance Appraisal System II, including appropriate training for evaluators. The Department shall ensure that all evaluators are properly trained and credentialed.

(b) To maintain a high standard of quality for professional evaluations, the Standards Board shall develop recommendations for an on-going DPAS II monitoring system to be implemented by the Department. The monitoring system must include a process by which an educator may challenge the fairness of the process used and/or the conclusions reached in an evaluation.

§1272. Improvement plans; professional development.

(a) If the overall rating of an educator’s DPAS II evaluation is unsatisfactory, the district shall develop and assign an improvement plan to the educator and provide a reasonable amount of time for the educator to complete the improvement plan. A district shall also make recommendations for improvement if an educator’s performance on an individual component of the evaluation is unsatisfactory. An improvement plan must identify the deficiencies in an educator’s performance and the professional development activities required to improve the deficiencies to a satisfactory level. An improvement plan pursuant to this section must be developed as part of a collaborative process between the district and the educator where possible, with the district having the final authority to develop and assign the plan. The Standards Board shall develop guidelines for improvement plans required pursuant to this section.

(b) In an effort to promote continuous professional growth and to improve educator performance, the Standards Board shall also develop guidelines for professional development when an educator receives a satisfactory DPAS II evaluation. The guidelines must incorporate specific professional development activities designed to enhance knowledge and skill in areas recommended by an evaluator.

§1273. Incompetency – A pattern of ineffective teaching.

A pattern of ineffective teaching shall be defined pursuant to § 1270 of this title, provided that the local school district has complied with §1272(a) of this Subchapter. Notwithstanding any case law to the contrary, when a pattern of ineffective teaching is established, a local school district may move to terminate a teacher (as defined by § 1401 of this title) for incompetency pursuant to § 1411 or § 1420 of this title. Nothing herein shall be construed to limit a local school district’s ability to terminate a teacher for incompetency under § 1411 or § 1420 of this title where supported by factors other than a pattern of ineffective teaching and nothing herein shall be construed to require additional factors beyond a pattern of ineffective teaching to constitute incompetency for purposes of termination.

§1274. Disclosure.

If an educator licensed under this chapter is seeking an educator position in this State, the educator shall disclose the results of his or her most recent three DPAS II evaluations or alternative evaluations permitted under §1270(h) of this title, if applicable, to a prospective employing district. Upon the request of the prospective employing district, a present or previous employing district of the educator shall confirm the results of the educator’s previous DPAS II evaluations. No action in law or equity may be brought or maintained against a local school district or an employee thereof for action taken in compliance with this section."

Section 3. Amend §158(b), Title 14 of the Delaware Code by inserting immediately after the last sentence of subsection (b) the following: “The Chair of the Professional Standards Board (§1206 of this title), or the chair's designee, shall be a non-voting member of the Accountability Advisory Committee.”

Section 4. Amend §1230, Title 14 of the Delaware Code by deleting the word “certification” wherever it appears therein, and by substituting in lieu thereof the word “licensure”; and by deleting the word “certificate” wherever it appears therein and by substituting in lieu thereof the word “license”.

Section 5. Amend § 8572, Title 11 of the Delaware Code by inserting after the word “seeking” the words “a license under Chapter 12 of Title 14 or”.

Section 6. Amend new Subchapter V of Chapter 12, Title 14 of the Delaware Code by deleting the title thereof and replacing it with the following: “Subchapter V. Special Institute for Teacher Licensure and Certification”.

Section 7. Amend §1250, Title 14 of the Delaware Code by deleting the words “initial standard certificates” from the first sentence thereof and by inserting the words “a license and/or certificate” in lieu thereof; by inserting the words “licensed and” between the words “become” and “certified” in the first sentence thereof ; by deleting the word “certification” in the third sentence thereof and by inserting the words “licensure and certification” in lieu thereof; and by inserting in the fourth sentence between the words “initial” and “certification” the words “licensure and”.

Section 8. Amend §1251, Title 14 of the Delaware Code by deleting the word “certification” where it appears as the fourth word of the first sentence thereof and by substituting in lieu thereof the words “licensure and/or certification”; by deleting the words “standard certificate” from the first sentence of § 1251(4) thereof and by substituting the word “license” in lieu thereof; and by deleting the word “certification” in the second sentence of § 1251(4) and by substituting the word “licensure”.

Section 9. Amend new Subchapter VI of Chapter 12, Title 14 of the Delaware Code by deleting the title thereof and replacing it with the following: “Subchapter VI. Alternative Routes For Teacher Licensure and Certification”.

Section 10. Amend §1230, Title 14 of the Delaware Code by deleting the words “The Department of Education with the approval of the State Board of Education shall make rules and regulations” and by inserting in lieu thereof the following: “The Professional Standards Board and the State Board of Education shall promulgate and adopt rules and regulations pursuant to this chapter that are”.

Section 11. Amend §1250, Title 14 of the Delaware Code by deleting the words “The Department of Education with approval of the State Board of Education shall make rules and regulations” and inserting in lieu thereof the following: “The Professional Standards Board and the State Board of Education shall promulgate and adopt rules and regulations pursuant to this chapter that are”.

Section 12. Amend §1260, Title 14 of the Delaware Code by striking the phrase "teacher certification program" where it appears in the section heading and in the first sentence of subsection (a) and by substituting in lieu thereof in each place the phrase "teacher licensure and certification program"; by striking "a limited standard certificate" and "the limited standard certificate" as they appear in subsections (a) and (b) respectively and by substituting in lieu thereof in each place the phrase "an initial license and a certificate or certificates"; and by striking the phrase "2 years" as it appears in subsection (a) and by substituting in lieu thereof "3 years".

Section 13. Amend §1260, Title 14 of the Delaware Code by striking the word "Candidates" as it appears in the first sentence of §1260(a) and by substituting in lieu thereof "Subject to §1217 of this title and notwithstanding any other provision in this chapter to the contrary, candidates"; and by striking the phrase "proposed by the Secretary subject to approval by the State Board" as it appears in §1260(c) and by substituting in lieu thereof "promulgated and adopted pursuant to §1203 of this title".

Section 14. Amend §1261, Title 14 of the Delaware Code by striking the phrase "teacher certification program" wherever it appears therein, including the section heading, and by substituting in lieu thereof "teacher licensure and certification program"; by striking the word "Department" wherever it appears therein and by substituting in lieu thereof in each place "Standards Board and the State Board of Education under §1203 of this title"; and by deleting "the school administration" where it appears twice in §1261(b)(2) thereof and by substituting in lieu thereof in the first place “certified evaluators” and in the second place “the certified evaluators”.

Section 15. Amend §1261(d), Title 14 of the Delaware Code by striking subsection (d) in its entirety and by substituting in lieu thereof the following:

"(d) Notwithstanding the foregoing, the Secretary, pursuant to rules and regulations promulgated and adopted pursuant to §1203 of this title, may implement other alternative routes to teacher licensure and certification programs, provided the programs meet the minimum criteria set forth in subsection (b) of this section.".

Section 16. Amend §1262, Title 14 of the Delaware Code by striking the phrase "teacher certification program" where it appears in the section heading and in subsection (a) and by substituting in lieu thereof "teacher licensure and certification program"; by striking the phrase "the school administration" as it appears in subsection (a) and by substituting in lieu thereof "certified evaluators"; and by striking the word "administrators" as it appears in subsection (b) and by substituting in lieu thereof the word "evaluators".

Section 17. Amend §1262(b), Title 14 of the Delaware Code by striking the phrase "employment or certification" and by substituting in lieu thereof the phrase "licensure, certification, or employment".

Section 18. Amend §1263, Title 14 of the Delaware Code by striking the phrases "teacher certification training program" and "teacher certification program" wherever they appear, including the section heading, and by substituting in lieu thereof the phrase "teacher licensure and certification program"; by inserting between the words "for" and "certification" in the section heading the words "initial licensure and"; by striking "school administration" as it appears the first time in §1263(e) and by substituting in lieu thereof "certified evaluators'"; and by striking the phrase "school administration" wherever it appears in §1263 and by substituting in lieu thereof the phrase "certified evaluators".

Section 19. Amend §1263, Title 14 of the Delaware Code by striking the phrase "standard certificate" as it appears in §1263(a) and by substituting in lieu thereof "license"; by striking the phrase "standard certificate" in §1263(c)(1) and by substituting in lieu thereof the words "license or recommends the issuance of an initial license and certificate"; by striking the words "standard certificate" in §1263(c)(2) and (3) and by substituting in lieu thereof in both places the word "license"; by striking the words "teacher certification" in §1263(c)(2) and by substituting in lieu thereof the words "teacher licensure and certification program"; and by striking "routes for" where it appears twice in §1263(f) and by substituting in lieu thereof "routes for teacher licensure and".

Section 20. Amend §1263(e), Title 14 of the Delaware Code by deleting the words "standard certificate" and inserting the word "license"; by deleting the words "certification recommendation" and by inserting in lieu thereof the words "initial licensure and certification recommendation"; and by deleting "concerning certification" and by substituting in lieu thereof "concerning initial licensure and certification".

Section 21. Amend §1264, Title 14 of the Delaware Code by striking the phrase "teacher certification program" and "teacher certification programs" wherever they appear, including the section heading, and by substituting in lieu thereof "teacher licensure and certification program" or "teacher licensure and certification programs", whichever is appropriate; and by striking the word "standard" as it appears in the first sentence of §1264(a) and by substituting in lieu thereof "licensure or".

Section 22. Amend §1264, Title 14 of the Delaware Code by striking the words "Department of Education" and the word "Department" wherever they appear therein and by substituting in lieu thereof "Standards Board"; by striking the phrase "policy, as approved by the State Board" as it appears in §1264(b) and by substituting in lieu thereof "rules and regulations promulgated and adopted pursuant to §1203 of this title"; by striking the phrase "concerning the certification" as it appears in §1264(b) and by substituting in lieu thereof "concerning the licensure and/or certification"; and by striking the phrase "appeals of certificate" as it appears in §1264(b) and by substituting in lieu thereof "appeals of license and/or certificate".

Section 23. Amend §122, Title 14 of the Delaware Code by deleting §122(b)(6) in its entirety; by renumbering the paragraphs in §122(b) accordingly; and by adding a new §122(c) as follows:

“(c) The Department shall implement rules and regulations promulgated and adopted by the Professional Standards Board and State Board of Education pursuant to §1203 of this title governing qualifications, licensure, and certification of educators in all public schools of this State.”.

Section 24. A board or commission established under Title 24 of the Delaware Code which regulates the license and professional conduct of a person who may be employed as a public school employee shall retain jurisdiction over the licensure and regulation of the employee, provided, however, that the Professional Standards Board, subject to the approval of the State Board of Education, may develop rules and regulations pertaining to certification of the employee as may be required for employment in the public schools of the State.

Section 25. By July 1, 2001, the Department shall begin issuing licenses and certificates as prescribed by this Act to applicants not previously certified in the State of Delaware, subject to the development and approval of rules and regulations. Applicants who apply prior to July 1, 2001, will be processed for certification consistent with the procedures in place prior to the enactment of this Act. Educators who hold valid certificates upon the enactment of this Act or valid certificates issued prior to July 1, 2001 will be issued licenses and certificates as prescribed by this Act. The Department shall develop a fair process to phase in these educators beginning January 15, 2002. The Department shall also develop by September 1, 2001, a timeline for issuing licenses and certificates to persons seeking licensure and certification who have previously held valid certificates in the State of Delaware prior to the enactment of this Act. Until rules and regulations are developed and approved, the Department shall issue certificates in a manner consistent with the procedures in place prior to the enactment of this Act.

Section 26. The Department of Education, in consultation with the Professional Standards Board and the State Board of Education, shall review capacity issues within the Department of Education and local school districts to implement the provisions of this Act. Based on that review, the Department of Education shall incorporate recommendations into its Fiscal Year 2001 and Fiscal Year 2002 Budget Requests.

Section 27. Amend §1305, Title 14 of the Delaware Code by striking §1305(a), in its entirety and substituting in lieu thereof the following:

“(a) The annual salaries of employees who are paid under this section and who are employed on a 10-month contract, shall be based on the following indexed schedule:

Education

Years

of

Exper-ience

No Degree

Bachelor's Degree

Bachelor's Degree

Plus 15

Graduate

Credits

Bachelor's

Degree

Plus 30

Graduate Credits

Master's Degree

Master's

Degree

Plus 15

Graduate

Credits

Master's

Degree

Plus 30

Graduate

Credits

Master's

Degree

Plus 45

Graduate

Credits

Doctor’s Degree

0

0.960

1.000

1.040

1.080

1.140

1.180

1.220

1.260

1.300

1

0.970

1.010

1.050

1.090

1.150

1.190

1.230

1.270

1.310

2

0.979

1.020

1.060

1.100

1.160

1.200

1.240

1.280

1.320

3

1.015

1.055

1.095

1.135

1.195

1.235

1.275

1.315

1.355

4

1.045

1.082

1.118

1.155

1.209

1.245

1.290

1.330

1.370

5

1.082

1.118

1.155

1.191

1.245

1.282

1.318

1.355

1.391

6

1.118

1.155

1.191

1.227

1.282

1.318

1.355

1.391

1.427

7

1.155

1.191

1.227

1.264

1.318

1.355

1.391

1.427

1.464

8

1.191

1.227

1.264

1.300

1.409

1.445

1.482

1.518

1.555

9

1.227

1.264

1.300

1.336

1.445

1.482

1.518

1.555

1.591

10

   

1.336

1.373

1.482

1.518

1.555

1.591

1.627

11

   

1.373

1.409

1.518

1.555

1.591

1.627

1.664

12

     

1.445

1.555

1.591

1.627

1.664

1.700

13

     

1.482

1.591

1.627

1.664

1.700

1.736

14

       

1.627

1.664

1.700

1.736

1.773

15

           

1.736

1.773

1.809

In addition to the indices specified in the schedule contained in this subsection, the following shall apply to certain individuals who are paid in accordance with this schedule and who were employed by a school board in Delaware on June 30, 1994:

(1) An employee with no degree who was paid in accordance with the 8-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.227 for the fiscal year ending June 30, 1995, and at an index of 1.264 for the fiscal year ending June 30, 1996, and at an index of 1.300 for the fiscal year ending June 30, 2000, and for subsequent fiscal years.

(2) An employee with no degree who was paid in accordance with the 9-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.264 for the fiscal year ending June 30, 1995, and at an index of 1.300 for the fiscal year ending June 30, 2000, and for subsequent fiscal years.

(3) An employee with no degree who was paid in accordance with the 10-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.264 for the fiscal year ending June 30, 1995, and at an index of 1.300 for the fiscal year ending June 30, 2000, and for subsequent fiscal years.

(4) An employee with a bachelor's degree who was paid in accordance with the 8-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.264 for the fiscal year ending June 30, 1995, and at an index of 1.300 for the fiscal year ending June 30, 1996, and at an index of 1.336 for the fiscal year ending June 30, 2000 and for subsequent fiscal years.

(5) An employee with a bachelor's degree who was paid in accordance with the 9-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.300 for the fiscal year ending June 30, 1995, and at an index of 1.336 for the fiscal year ending June 30, 2000, and for subsequent fiscal years.

(6) An employee with a bachelor's degree who was paid in accordance with the 10-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.300 for the fiscal year ending June 30, 1995, and at an index of 1.336 for the fiscal year ending June 30, 2000, and for subsequent fiscal years.

(7) An employee with a bachelor's degree plus 15 credits who was paid in accordance with the 10-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.373 for the fiscal year ending June 30, 1995, and at an index of 1.409 for the fiscal year ending June 30, 2000, and for subsequent fiscal years.

(8) An employee with a bachelor's degree plus 15 credits who was paid in accordance with the 11-year step for the fiscal year ending June 30, 1994, shall be paid at an index of 1.373 for the fiscal year ending June 30, 1995, and at an index of 1.409 for the fiscal year ending June 30, 2000, and for subsequent fiscal years."

Section 28. Amend §1305, Title 14 of the Delaware Code by deleting the number "$19,313" in the first sentence of §1305(b) and inserting the number "$ 21,669".

Section 29. Section 27 and Section 28 of this Act shall be retroactive to September 1, 1999.

Section 30. Amend §1305, Title 14 of the Delaware Code by deleting §1305(e) in its entirety and substituting in lieu thereof the following:

"(e) Beginning in fiscal year 2000, salary derived from subsections (a) and (b) of this section for 10 months’ employment shall mean a total of 185 full work days to be utilized as follows:

(1) 180 days devoted to actual school sessions for pupils;

(2) 2 days devoted to start-up/closing;

(3) 3 days devoted solely to professional development.

(f) Beginning in fiscal year 2001, salary derived from subsections (a) and (b) of this section for 10 months’ employment shall mean a total of 187 full workdays to be utilized as follows:

(1) 180 days devoted to actual school sessions for pupils;

(2) 2 days devoted to start-up/closing;

(3) 5 days devoted solely to professional development.

(g) Beginning in fiscal year 2002, salary derived from subsections (a) and (b) of this section for 10 months’ employment shall mean a total of 189 full workdays to be utilized as follows:

(1) 180 days devoted to actual school sessions for pupils;

(2) 2 days devoted to start-up/closing;

(3) 7 days devoted solely to professional development.

(h) Beginning in fiscal year 2003, salary derived from subsections (a) and (b) of this section for 10 months’ employment shall mean a total of 190 full workdays to be utilized as follows:

(1) 180 days devoted to actual school sessions for pupils;

(2) 2 days devoted to start-up/closing;

(3) 8 days devoted solely to professional development.

(i) The Department of Education with the approval of the State Board of Education may reduce the number of hours devoted to actual school sessions for pupils and/or educators for just cause or upon showing unusual circumstances.

(j) A full workday shall be defined by the Department of Education with the approval of the State Board of Education.

(k) Beginning in fiscal year 2001, local school districts shall provide a local salary supplement for each full workday in excess of 185 workdays. This supplement must be equal to or greater than the per diem local salary supplement in effect during fiscal year 2000 for each grade and step. To the extent that a local school district is unable to provide a local salary supplement, it may make application under subsection (i) of this section.

(l) In addition to the base salary derived from subsections (a) and (b) of this section, an employee paid in accordance with this section is eligible to earn additional salary supplements for gaining skills and knowledge that lead to more effective instruction. The Professional Standards Board, with approval of the State Board of Education, shall designate through regulation the specific professional development activities and specific areas of skills and knowledge that an employee can undertake and/or obtain in order to receive a skills and knowledge salary supplement. The supplement must be in the form of an additional salary amount spread evenly across an employee’s contract period similar to base salary. The supplement must be no less than 2% of the base salary derived from subsections (a) and (b) of this section and no more than 6% of this base salary, except as provided for in subsection (m) of this section. The Professional Standards Board, with approval of the State Board of Education, shall designate the specific percentage for each specific skills and knowledge supplement through regulations promulgated to implement the provisions of this section. The percentage must be uniform across the State. Also, the Professional Standards Board shall, with approval of the State Board of Education, designate which of the supplements, if any, shall be permanent and which of the supplements, if any, shall require renewal or re-qualification on a periodic basis. The provisions of this subsection shall become effective in fiscal year 2001. The supplements described in this subsection are subject to an annual appropriation. The Department of Education shall provide for funding the supplement provisions of this subsection in its annual budget.

(m) In addition to the base salary derived from subsections (a) and (b) of this section, an employee who has achieved certification from the National Board for Professional Teaching Standards or from an equivalent program approved by the State Board shall receive a salary supplement equal to 12% of the base salary so derived. The Professional Standards Board, with the approval of the State Board of Education, may authorize stipends pursuant to this subsection in fiscal year 2000. The supplement shall be in the form of an additional salary amount spread evenly across an employee’s contract period similar to base salary. Funding for National Board certification described in this subsection is subject to an annual appropriation. The Department of Education shall provide for funding the supplement provisions of this subsection in its annual budget.

(n) An employee paid in accordance with this section may earn multiple salary supplements pursuant to subsections (l) and (m) of this section. The supplements must be computed as a percentage of the base salary derived from subsections (a) and (b) of this section; the percentages may not to be computed on a salary that includes a previously earned supplement amount.

(o) In addition to the base salary derived from subsections (a) and (b) of this section and any supplements provided pursuant to subsections (l) and (m) of this section, an employee paid in accordance with this section is eligible to earn additional salary supplements for accepting additional responsibility assignments that impact student achievement. The Professional Standards Board has the authority to review and make recommendations regarding additional responsibility supplements for administrators. The Professional Standards Board, with the approval of the State Board of Education, shall designate through regulation the specific assignments that an employee may accept in order to receive a State-funded salary supplement. The supplement must be in the form of an additional salary amount spread evenly across an employee’s contract period similar to base salary. The supplement must be no less than $750 and no more than $1,500. In addition to the State specified assignments designated by the Professional Standards Board and State Board pursuant to Chapter 12 of this title, a local school district, with the approval of the Standards Board and the State Board, and through regulatory action of the local board, may designate specific academic assignments that an employee may accept in order to receive a State-funded salary supplement. An assignment designated pursuant to this subsection must be academic in nature and may not include extra-curricular activities or non-instructional supervisory responsibilities. The provisions of this subsection become effective in fiscal year 2001, except that the Professional Standards Board, subject to State Board approval, may, pursuant to §1203 of this title, authorize stipends for educator lead mentors in fiscal year 2000. The State-funded salary supplements described in this subsection are subject to an annual appropriation. The Department of Education shall provide for funding the supplement provisions of this subsection in its annual budget.

(p) To ensure that the professional development activities designated for remuneration in subsections (l), (m) and (o) of this section are of high quality and will lead to improvements in teacher effectiveness and improvements in student achievement, the Professional Standards Board, with the approval of the State Board of Education, shall identify activities that will permit an educator to be eligible for both skills and knowledge supplements and additional responsibility supplements. Salary supplements defined in this Act must not exceed fifteen percent of the State share for an employee covered by the provisions of this Act. The Standards Board shall annually review these supplements and promulgate and adopt recommendations pursuant to § 1203 of this title as necessary.

(q) Beginning with fiscal year 2003, movement into the Bachelors Plus 15 and Bachelors Plus 30 columns on the salary schedule contained in subsection (a) of this section shall be approved only if the credits earned are matriculated graduate credits earned toward a Master’s Degree. Beginning with fiscal year 2003, movement into the Masters Plus 15, Masters Plus 30, and Masters Plus 45 columns on the salary schedule contained in subsection (a) of this section shall be approved if (1) the credits earned through a graduate-level course of study are clearly related to the individual’s professional responsibilities and otherwise approved pursuant to Chapter 12 of this Title; (2) the credits are towards a second Master’s Degree; or (3) if the credits earned are matriculated graduate credits earned towards a Doctorate Degree. No employee shall be moved leftward on the salary schedule contained in subsection (a) of this section due to the provisions contained in this subsection.”

Section 31. Amend § 9219(a), Title 14 of the Delaware Code by striking the index schedule contained in subsection (a) in its entirety and by substituting in lieu thereof the following:

SALARY PLAN A

DELAWARE TECHNICAL & COMMUNITY COLLEGE

INDEX SCHEDULE

       

Bach.

Bach.

 

Mast.

Mast.

Mast.

 
       

Degree

Degree

 

Degree

Degree

Degree

 

Years

     

Plus 15

Plus 30

 

Plus 15

Plus 30

Plus 45

 

of

No

Assoc.

Bach.

Grad.

Grad.

Mast.

Grad.

Grad.

Grad.

Doctor’s

Exp.

Degree

Degree

Degree

Credits

Credits

Degree

Credits

Credits

Credits

Degree

                     

0

0.900

0.960

1.000

1.040

1.080

1.120

1.160

1.200

1.240

1.260

1

0.926

0.986

1.025

1.065

1.105

1.146

1.186

1.226

1.266

1.286

2

0.950

1.011

1.050

1.089

1.130

1.170

1.210

1.250

1.290

1.311

3

0.957

1.014

1.052

1.090

1.140

1.180

1.219

1.258

1.297

1.316

4

0.964

1.019

1.055

1.091

1.152

1.190

1.228

1.265

1.303

1.322

5

1.001

1.055

1.091

1.128

1.164

1.200

1.237

1.273

1.310

1.328

6

1.037

1.091

1.128

1.164

1.200

1.237

1.273

1.310

1.346

1.364

7

1.074

1.128

1.164

1.200

1.237

1.273

1.310

1.346

1.382

1.401

8

1.110

1.164

1.200

1.237

1.273

1.310

1.346

1.382

1.419

1.437

9

1.146

1.200

1.237

1.273

1.310

1.346

1.382

1.419

1.455

1.473

10

1.155

1.237

1.273

1.310

1.346

1.382

1.419

1.455

1.491

1.509

11

1.155

1.246

1.310

1.346

1.382

1.419

1.455

1.491

1.528

1.546

12

1.155

1.246

1.319

1.382

1.419

1.455

1.491

1.528

1.564

1.582

13

1.155

1.246

1.319

1.391

1.455

1.491

1.528

1.564

1.600

1.618

14

1.155

1.246

1.319

1.391

1.464

1.528

1.564

1.600

1.637

1.655

15

1.155

1.246

1.365

1.410

1.501

1.564

1.600

1.637

1.673

1.691

16

1.155

1.246

1.374

1.419

1.510

1.600

1.637

1.673

1.710

1.728

17

1.155

1.246

1.374

1.419

1.510

1.609

1.646

1.682

1.719

1.737

18

1.155

1.246

1.374

1.419

1.510

1.609

1.646

1.682

1.719

1.737

19

1.155

1.246

1.374

1.419

1.510

1.609

1.646

1.682

1.719

1.737

20

1.155

1.246

1.374

1.419

1.510

1.637

1.682

1.728

1.773

1.819

21

1.155

1.246

1.374

1.419

1.510

1.646

1.692

1.737

1.783

1.828

22

1.155

1.246

1.374

1.419

1.510

1.646

1.692

1.737

1.783

1.828

23

1.155

1.246

1.374

1.419

1.510

1.646

1.692

1.737

1.783

1.828

24

1.155

1.246

1.374

1.419

1.510

1.646

1.692

1.737

1.783

1.828

25

1.155

1.246

1.374

1.419

1.510

1.682

1.728

1.773

1.819

1.864

26

1.155

1.246

1.374

1.419

1.510

1.692

1.737

1.783

1.828

1.873

INDEX DERIVATION

Base = 1.00

The base salary for 10-month Plan A employees of Delaware Technical and Community College shall be calculated by using the salary amount specified for the Bachelor’s Degree, 0 years experience amount from §1305(b) of this title divided by .7 to account for 100% State funding.”

Section 32. Section 31 of this Act shall be retroactive to August 16, 1999 for Salary Plan A employees and retroactive to September 1, 1999 for Salary Plan D employees. A joint review of the pay plans and index for Salary Plans A and D shall be undertaken by representatives of Delaware Technical & Community College, the Office of the Budget and the Office of the Controller General to determine the College's ability to attract and retain qualified faculty consistent with the college’s overall evaluation system. Findings and recommendations shall be made to the Joint Finance Committee by April 30, 2000.

Section 33. The Department of Education, in cooperation and consultation with the Professional Standards Board, shall annually identify budgetary issues of the Professional Standards Board for inclusion in the Department’s annual budget request.

Section 34. For Fiscal Year 2001 and 2002, the Professional Standards Board and the State Board shall develop rules and regulations pursuant to § 1203 of Title 14 regarding skills and knowledge and leadership supplements and the rightward movement on the pay scale. In no event shall an educator be permitted to double count credits and/or other relevant coursework to benefit more than one salary scale or supplement.

Section 35. Amend §1301(2), Title 14 of the Delaware Code by striking the period (“.”) that appears at the end of this subsection and substituting in lieu thereof the following: “unless provided otherwise in this chapter.”

Section 36. Amend §1312, Title 14 of the Delaware Code by adding a new sentence at the end of subsection (a) that reads as follows: “A graduate of a five-year pre-service program that includes an extensive clinical component in the fifth year, or a graduate of a four-year pre-service program who graduates with a grade point average (GPA) of 3.75 or higher on a 4.0 scale, or the equivalent, must be granted one year of experience in addition to any other experience granted in accordance with this section.”.

Section 37. Section 36 becomes effective June 30, 2001.

Section 38. Amend § 1313, Title 14 of the Delaware Code by deleting §1313 in its entirety and inserting in lieu thereof the following:

"§1313. Employment requirements.

A person may not be employed by a public school employer in any position requiring licensure and certification if the person does not meet licensure and certification requirements established under Chapter 12 of this title, except pursuant to a license extension and/or emergency certificate issued pursuant to Chapter 12. A person’s salary may not be reduced because he or she is employed under a license extension and/or emergency certificate.”.

Section 39. Amend §1318(g), Title 14 of the Delaware Code by deleting “1/185” as it appears therein and substituting in lieu thereof the following: “1/185 in the fiscal year beginning July 1, 1999; 1/187 in the fiscal year beginning July 1, 2000; 1/189 for the fiscal year beginning July 1, 2001; and 1/190 for the fiscal year beginning July 1, 2002; and each succeeding fiscal year,” and by deleting “1/204” as it appears therein and substituting in lieu thereof the following: “1/204 in the fiscal year beginning July 1, 1999; 1/206 in the fiscal year beginning July 1, 2000; 1/208 for the fiscal year beginning July 1, 2001; and 1/209 for the fiscal year beginning June 1, 2002 and each succeeding fiscal year”.

Section 40. Amend §1320, Title 14 of the Delaware Code by deleting “1/185” as it appears therein and substituting in lieu thereof the following: “1/185 in the fiscal year beginning July 1, 1999; 1/187 in the fiscal year beginning July 1, 2000; and 1/189 for the fiscal year beginning July 1, 2001; and 1/190 for the fiscal year beginning July 1, 2002 and each succeeding fiscal year”; and by deleting “1/204” as it appears therein and substituting in lieu thereof the following: “1/204 in the fiscal year beginning July 1, 1999; 1/206 in the fiscal year beginning July 1, 2000; 1/208 for the fiscal year beginning July 1, 2001; and 1/209 for the fiscal year beginning June 1, 2002 and each succeeding fiscal year”.

Section 41. Amend §1703(j), Title 14 of the Delaware Code by deleting “1/185” each place that it appears therein and substituting in lieu thereof the following: “1/185 in the fiscal year beginning July 1, 1999; 1/187 in the fiscal year beginning July 1, 2000; and 1/189 for the fiscal year beginning July 1, 2001; and 1/190 for the fiscal year beginning July 1, 2002 and each succeeding fiscal year".

Section 42. Amend §1322(a), Title 14 of the Delaware Code by deleting "(185 days)" as it appears therein.

Section 43. Amend §1703, Title 14 of the Delaware Code by deleting "1/185" as it appears in subsection (e) and subsection (f) therein, and by inserting in lieu thereof in each place "the daily rate defined in subsection (j) of this section".

Section 44. Amend §1318A(b)(10), Title 14 of the Delaware Code by deleting "185 days for a 10-month employee, 204 days for an 11-month employee" as it appears therein and by inserting in lieu thereof "185 days in the fiscal year beginning July 1, 1999, 187 days in the fiscal year beginning July 1, 2000, 189 days for the fiscal year beginning July 1, 2001, and 190 days for the fiscal year beginning July 1, 2002 and each succeeding fiscal year for a 10-month employee; 204 days in the fiscal year beginning July 1, 1999, 206 days in the fiscal year beginning July 1, 2000, 208 days for the fiscal year beginning July 1, 2001, and 209 days for the fiscal year beginning June 1, 2002 and each succeeding fiscal year for 11-month employees".

Section 45. Amend §4116(b), Title 14 of the Delaware Code by deleting "1305(e)" as it appears therein and by inserting in lieu thereof "1305".

Section 46. Amend §1705(a), Title 14 of the Delaware Code by inserting the words “all applicable” after the word “with” as it appears in the first sentence.

Section 47. Amend §1716, Title 14 of the Delaware Code by striking subsection (e) in its entirety and substituting in lieu thereof the following:

“(e) The programs authorized under this section shall operate for the number of hours of employment as specified by §1305 of this title, and personnel employed with funds authorized under this section shall be paid in accordance with §1305 of this title. Units may be used to fund extended year programs using a formula of 1 unit for each individual employed for the number of hours of employment as specified by §1305 of this title. School districts are also authorized to employ 2 service aides or 2 instructional aides for each unit in lieu of 1 person employed under §1305 of this title, provided that such aides are paid in accordance with the salary schedule contained in §1324 of this title.”

Section 48. Amend §1716A(g), Title 14 of the Delaware Code by deleting the words “180 pupil days and 185 employment days described in §1305(e)” and substituting in lieu thereof the following: “the full work days of employment as described in §1305”.

Section 49. Amend §2804(b), Title 14 of the Delaware Code by striking the words “185-day work year at a daily rate equal to 1/185 per day of the state teacher salary schedule in effect” and substituting in lieu thereof “full work days of employment as defined in §1305 of this title at the daily rate defined in §1703(j) of this title”.

Section 50. Amend §1092, Title 14 of the Delaware Code by deleting “the Department with the approval of the State Board of Education” and substituting in lieu thereof “the Professional Standards Board and the State Board of Education pursuant to § 1203 of this title.”

Section 51. Amend §154(c) Title 14 of the Delaware Code by striking the third sentence as it appears therein in its entirety and substituting in lieu thereof the following: “Biennial monetary awards in the amount of $1,500 per Division I unit shall be made available to those schools which demonstrate superior absolute performance, improvement performance, or distributional performance. A school may qualify for a monetary reward by meeting any of these three criteria, but in no case shall a school receive more than one monetary award per measurement cycle."

Section 52. Amend §154(c), Title 14 of the Delaware Code by adding a new sentence at the end of subsection (c) to read as follows: "For purposes of this subsection, salary supplements may be considered a school improvement purpose.”.

Section 53. The Budget Director and the Controller General have the authority to establish 1.0 position within the Department of Education and transfer funds to implement this Act from the State Budget Office, Education Contingency Fund (10-02-04). The 1.0 general fund position shall be for an Executive Director for the Professional Standards Board to be compensated at the education associate level.

Section 54. Amend § 10161(a), Title 29 of the Delaware Code by deleting the word “and” in §10161(a)(45) and by renumbering current § 10161(a)(46) as § 10161(a)(47) and by inserting as new §10161(a)(46) the following: “(46) The Professional Standards Board; and”.

Section 55. Amend §151(g), Title 14 of the Delaware Code by deleting the current subsection (g) as found therein and substituting in lieu thereof a new subsection (g) to read as follows:

“(g) Each local school district may establish alternate assessments for children with disabilities who cannot participate in the statewide assessment of student achievement even with appropriate accommodations and modifications. Alternate assessments must be developed and used in the annual statewide assessment beginning not later than July 1, 2001. Each local school district, through the individual student’s Individualized Education Program Team or 504 Team, shall determine what assessment the student will take, as well as the student’s matriculation or promotion status and necessary remedial activities if the student’s performance on the assessment is below standard, and if the Statewide assessment is administered, what accomodations and/or modifications will be utilized. However, no student shall be denied the opportunity to take the state assessments administered pursuant to (b) and (c) of this section.”

Section 56. Amend §152, Title 14 of the Delaware Code by striking §152 in its entirety and by substituting in lieu thereof the following:

"§152. State high school diploma requirements; certificate of performance.

(a) Effective for students graduating from high school in 2004, there shall be three (3) State high school diplomas: a Standard Diploma, an Academic Diploma, and a Distinguished Achievement Diploma. The Department shall clearly indicate on the face of each diploma the name of the diploma issued and the general requirements completed by a student who receives the diploma.

(b) The Department shall award an Academic Diploma to a student who successfully completes prescribed course requirements established by the State, or the district, if district credit requirements are higher than those of the State, and demonstrates a proficient level of performance relative to the State high school content standards on the assessments administered pursuant to §151(b) and (c) of this title. The Department, by regulation, shall define the level of performance on the State assessments necessary for a student to receive an Academic Diploma. The definition may provide for a weighted average of the results on the assessments pursuant to §151(b) and (c) of this title which will demonstrate a satisfactory level of performance to receive an Academic Diploma. A weighted average must place a higher priority on the assessments pursuant to §151(b) of this title than those administered pursuant to §151(c) of this title. The Department of Education shall establish by regulation the higher level of individual performance necessary for a student to receive a Distinguished Achievement Diploma. A student who receives a Standard Diploma or an Academic Diploma shall be eligible at his or her own expense within 5 years to upgrade to the Academic Diploma or a Distinguished Diploma by successfully completing a test approved by the Department of Education.

(c) A high school student who fails to achieve a proficient level of performance on the statewide high school assessment required by §151(b) and (c) of this title must retake the assessment at least once in each succeeding year until the student achieves the established level of performance. A student taking an alternate assessment pursuant to §151(g) of this title shall be exempt from this requirement.

(d) The Department shall award a Standard Diploma to a student who successfully completes prescribed course requirements established by the State, or the district, if district credit requirements are higher than those of the State, if the student does not meet the additional requirements for an Academic Diploma.

(e) The Department shall issue a certificate of performance to a student who has met the requirements of the student’s Individualized Education Program but has not completed the high school graduation course credit requirements established by the State, or the district, if higher than the State and has not demonstrated the proficient level of performance established pursuant to subsection (b) of this section.”.

Section 57. Amend §153(d), Title 14 of the Delaware Code by renumbering current §153(d)(6) as §153(d)(10) and by deleting paragraphs (1), (2), (3), (4) and (5) in their entireties and inserting in lieu thereof the following:

“(1) A 3rd, 5th, or 8th grade student, whose performance on the reading portion of the assessments administered pursuant to §151(b) of this title is at Level II on the DSTP, shall not advance to the next grade unless:

(A) The student’s parent(s) or guardian and the school district agree on an individual improvement plan (which may include but is not limited to summer school, before and/or after school instruction, Saturday school, and/or tutoring) to remediate those areas of weakness demonstrated by the State assessment; or

(B) If no agreement pursuant to subparagraph (A) of this paragraph can be reached, the student attends a summer school program and demonstrates a proficient level of reading performance on the State assessment prior to the commencement of the next school year; or

(C) The student has previously been retained for two (2) years because of academic performance.

(2) A 3rd, 5th, or 8th grade student, whose performance on the reading portion of the assessments administered pursuant to §151(b) of this title is far below grade level proficiency (Level I) shall not advance to the next grade unless the student attends a summer school program and demonstrates a proficient level of reading performance on the State assessment prior to the commencement of the next school year or the student has previously been retained for two (2) years because of academic performance.

(3) An 8th grade student, whose performance on the math portion of the assessments administered pursuant to §151 (b) of this title is a Level II on the DSTP, shall not advance to the next grade unless:

(A) The student’s parent(s) or guardian and the school district agree on an individual improvement plan (which may include but is not limited to summer school, before and/or after school instruction, Saturday school, and/or tutoring) to remediate those areas of weakness demonstrated on the State assessment; or

(B) If no agreement pursuant to subparagraph (A)of this paragraph can be reached, the student attends a summer school program and demonstrates a proficient level of math performance on the State assessment prior to the commencement of the next school year; or

(C) The student has previously been retained for two (2) years because of academic performance.

(4) An 8th grade student, whose performance on the math portion of the assessments administered pursuant to §151(b) of this title is far below graded level proficiency (Level I), shall not advance to the next grade unless the student attends a summer school program and demonstrates a proficient level of math performance on the State assessment prior to the commencement of the next school year or the student has previously been retained for two (2) years because of academic performance.

(5) A student who advances to the next school year due to an individual improvement plan agreed to under (1) (A) and/or (3)(A) of this subsection must demonstrate as the end of that school year proficiency on the State assessment in which he or she failed to reach proficiency. If a student does not demonstrate proficiency at the end of that school year, the student must be retained.

(6) With respect to a student whose performance continues to be deficient after completion of the retention year, the Department may not require that the student’s district retain the student at grade level for another year, but shall require that the district develop an individual improvement plan pursuant to Department regulations. The Department regulations must require that each individual improvement plan identify a specific course of study for the student and the academic improvement activities the student must undertake in order to improve the student’s ability to a proficient level. Academic improvement activities may include mandatory participation in summer school, extra instruction and mentoring programs.

(7) For a student, whose performance on an off-grade assessment does not meet grade level proficiency, the local school district shall, in consultation with the student’s parent(s) or guardian, develop an individual improvement plan (which may include but is not limited to summer school, before and/or after school instruction, Saturday school, and/or tutoring) to remediate those areas of weakness demonstrated by the off-grade assessment. To the extent an off-grade assessment is not available, local school districts shall strive to use other means to identify students deemed in danger of failing to reach grade level proficiency on assessments administered pursuant to §151(b) of this Title and shall develop individual improvement plans for those students to remediate identified areas of weakness.

(8) Notwithstanding any provision, regulation, or law to the contrary, the provisions of §153(d) (1), (2), (3), (4), (5), (6), (7) and (10), shall take effect based on the year 2002 State assessments administered pursuant to §151(b) for students in the 3rd, 5th, and 8th grades. Until such time, a local school district may make student placement decisions based on student performance on the 2000 and 2001 State assessments. Local school districts shall develop and implement individual improvement plans for those students whose performance on the 2000 and 2001 State assessments does not meet grade level proficiency.

(9) The State funding for the individual improvement plans under this subsection shall be limited to the ‘extra time’ funding provided by annual appropriation by the General Assembly.”

Section 58. Amend §153 of Title 14, Delaware Code by deleting subsection (g) in its entirety, and by substituting in lieu thereof a new subsection (g) to read as follows:

“(g) Those students administered alternate assessments pursuant to §151(g) of this Title shall not be subject to the provisions of subsection (d) of this section.”.

Section 59. Amend §153(d)(6) of this Title by deleting in the second sentence of that paragraph, the phrase “mandatory participation in summer school,”.

Section 60. Any rules or regulations of the State Board of Education prior to the effective date of this Act shall remain in full force and effect until otherwise modified in accordance with Delaware law; provided, however, that if any rule or regulation heretofore adopted conflicts with any of the provisions of this Act, the language contained in this Act shall prevail over that contained in a rule or regulation.

Section 61. The Professional Standards Board established under this Act shall sunset on March 30, 2003, unless affirmatively reestablished by law on or before that date.

Section 63. All compensation matters in this Act are subject to an annual appropriation by the General Assembly.

Section 64. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

Section 65. The Department of Education shall convene a committee of no more than eleven members to review and report on the Delaware Student Testing Program, the alignment of the curriculum at the local school district level to the Delaware content standards, the need for additional indicators for purposes of student promotions and retention decisions, the three-tiered diploma system and the name of the diplomas. The Department shall convene the committee to be comprised of individuals with an expertise in student testing programs and to include members of academia. The committee shall be overseen by three members of the Senate of which two are appointed by the President Pro Tempore of Senate and one by the Minority Leader of the Senate, three members of the House of Representatives of which two are appointed by the Speaker of the House of Representatives and one by the Minority Leader of the House of Representatives. The report shall be forwarded to the General Assembly no later than March 15, 2001. Nothing herein shall be construed to suspend, delay or otherwise interfere with the time lines otherwise provided in this legislation or in applicable laws and/or regulations.

Approved May 03,2000