CHAPTER 13

FORMERLY

HOUSE BILL NO. 88

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 3

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE PROFESSIONAL STANDARDS BOARD, ITS COMPOSITION AND GOVERNANCE, AND EDUCATOR EVALUATIONS.

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

Section 1. Amend § 1203, Title 14 of the Delaware Code by adding the following sentence at the end thereof:

“This subsection shall not apply to rules and regulations promulgated pursuant to the provisions of Subchapter VII of this Chapter.”.

Section 2. Amend § 1205(b), Title 14 of the Delaware Code by deleting the following from the first sentence as it appears therein:

“teacher preparation, recruitment and retention, the Delaware Performance Appraisal System II, and evaluator”.

Section 3. Amend § 1206(a) by deleting the words “15 voting members and one nonvoting member” as they appear therein and substituting in lieu thereof the words “16 voting members” and by adding after the phrase "special education teacher" in Subparagraph (1) the phrase", one being a teacher specialist".

Further Amend § 1206(a), Title 14 of the Delaware Code by deleting the word “Three” in Subsection (2) as it appears therein and substituting in lieu thereof the word “Four”.

Further Amend § 1206(a) by deleting “1” in Subsection (2) as it appears therein and substituting in lieu thereof: “with at least one being”.

Section 4. Amend § 1206(a)(6), Title 14 of the Delaware Code by deleting the same in its entirety.

Section 5. Amend § 1206(d), Title 14 of the Delaware Code by deleting Subsections “(1)” through “(4)”, inclusive and substituting in lieu thereof the following:

“(1) Licensure and Certification Criteria; and

(2) Professional Development and Associated Compensation.”.

Section 6. Amend § 1206(f), Title 14 of the Delaware Code by inserting the following between the word “section” and the period “.” at the end of the first sentence therein:

“; and, further provided, that, prior to creating any such committee, the Standards Board shall first specify the tasks to be addressed by the committee and the time in which the committee is to complete those tasks”.

Section 7. Amend § 1206(h), Title 14 of the Delaware Code by deleting the last sentence therein in its entirety and substituting the following in lieu thereof:

“The Standards Board may hold one meeting per month during normal school hours, but any additional meetings in the same month shall not be held during normal school hours.”.

Further Amend § 1206(h) by striking in its entirety the phrase "an annual salary of $600.00 or $150 per meeting, whichever is greater" and substituting in lien thereof the phrase "$50 per meeting not to exceed $600 annually" adding a new paragraph at the end of the Section as follows:

“The provisions of Subchapter III of Chapter 58, Title 29 of the Delaware Code shall not apply to members of the Standards Board. Any Standards Board member employed by a public school district will be released from his or her normal duty for the purpose of attending any regular monthly meeting of the Board which is scheduled during normal school hours as provided in this Section, and such member shall receive his or her normal salary from the member’s employer pursuant to the provisions of Chapter 13 of this Title and any applicable collective bargaining agreement. Subject to the availability of appropriated funds, the Standards Board shall reimburse the member’s employing school district for such costs as the school district may incur in order to obtain the services of a substitute teacher to take the place of any teacher member of the Standards Board who is granted release time pursuant to this Section. A member of the Standards Board who is granted release time pursuant to this Section shall have his or her compensation, as provided in the first paragraph in this Section, proportionally reduced so that such member is not compensated twice for the time spent in meeting.”.

Section 8. Amend § 1270(b), Title 14 of the Delaware Code by deleting the first sentence therein in its entirety and substituting the following in lieu thereof:

“The Department, with the consent of the State Board of Education, shall promulgate rules and regulations to develop and implement a new system of educator evaluation to be known as the Delaware Performance Appraisal System II (DPAS II).

Further Amend § 1270(b) by deleting the word “chapter” in the next to last sentence therein and substituting the word “subchapter” in lieu thereof.”.

Section 9. Amend § 1270 (c), Title 14 of the Delaware Code by deleting “DPAS II standing committee, the Standards Board,” in the second sentence therein and substituting the word “Department” in lieu thereof.

Section 10. Amend § 1270 (f), Title 14 of the Delaware Code by deleting “and the Standards Board” from the last sentence thereof.

Section 11. Amend § 1270 (h), Title 14 of the Delaware Code by deleting the words “Standards Board” in the first sentence therein and substituting the word “Department” in lieu thereof.

Further Amend § 1270 (h), Title 14 of the Delaware Code by deleting “§ 1203 of this title” in the first sentence therein and substituting “rules and regulations promulgated pursuant to this subchapter”.

Section 12. Amend § 1270 (i), Title 14 of the Delaware Code by deleting the same in its entirety and substituting the following in lieu thereof:

“The Department shall promptly establish a pilot evaluation program in not less than one or more than three school districts. Any such program shall be conducted with the consent of the school district and the organization representing the district’s teacher for collective bargaining purposes. The pilot program must be at least as rigorous as the evaluation requirements to be promulgated under the provisions of the subchapter.”.

Section 13. Amend § 1271(a), Title 14 of the Delaware Code by deleting the words “Standards Board” in the first sentence thereof and substituting “Department” in lieu thereof.

Further Amend § 1271 (a), Title 14 of the Delaware Code by deleting the word “chapter” from the first sentence therein and substituting “subchapter” in lieu thereof.

Section 14. Amend § 1271 (b), Title 14 of the Delaware Code by deleting the words “Standards Board” in the first sentence therein and substituting “Department” in lieu thereof.

Section 15. Amend § 1272, Title 14 of the Delaware Code by deleting all references therein to “Standards Board” wherever the same may appear and substituting “Department” at each place in lieu thereof.

Section 16. Amend Subchapter VII of Chapter 12, Title 14 of the Delaware Code by adding a new Section thereto to be designated as “§ 1275” as follows:

Ҥ 1275. DPAS II Advisory Committee.

(a) The Secretary shall convene a Delaware Performance Appraisal System II Advisory Committee, which may provide advice concerning rules and regulations that are to be promulgated pursuant to this subchapter. The Committee shall consist of the following members:

(1) two public school teachers appointed by the Delaware State Education Association;

(2) two public school administrators appointed by the Delaware Association for School Administrators;

(3) a member of a local school board appointed by the Delaware State School Board Association;

(4) a parent with a child or children in public school selected by the Delaware Congress of Parents and Teachers;

(5) a representative of higher education appointed by the Council of Presidents;

(6) a representative from the Office of the Governor;

(7) the Chair of the Education Committee of the Delaware House of Representatives, or his or her designee; and

(8) the Chair of the Education Committee of the Delaware Senate, or his or her designee.

(b) The Delaware Performance Appraisal System II Advisory Committee shall review any proposed regulations to be promulgated pursuant to this subchapter and may submit written comments concerning the same to the Secretary and to the State Board prior to the Board’s consideration of any proposed regulations.”.

Section 17. Amend § 122 (b), Title 14 of the Delaware Codeby adding a new Subsection (21) thereto as follows:

“(21) Relating to public school teacher preparation, recruitment and retention. Regulations promulgated pursuant to this Section shall provide that no individual, public or private educational association, corporation or institution, including any institution of post-secondary education, shall offer a course, or courses, for the training of school teachers to be licensed in this State without first having procured the assent of the Department for the offering of such courses.”.

Section 18. The Professional Standards Board established by § 1205, Title 14 of the Delaware Code is hereby reestablished.

Section 19. Amend 72 Delaware Laws, Chapter 294, § 61 by deleting the same in its entirety.

Section 20. Severability Clause. 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 21. Enactment Clause.

Sections 1, 2, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of this Act shall become effective upon August 22, 2003. The remaining provisions of this Act shall become effective upon enactment.

Section 22. The Professional Standards Board shall sunset and cease to exist on March 31, 2005.

Section 23. Amend Subsection (a) of Section 1205, Title 14 of the Delaware Code, by adding the following sentence at the end of the subsection:

"To this end, the Standards Board shall file reports on the first day of January, April, July, and October of each calendar year with the General Assembly, the Governor, the State Board and the Department,"

Approved April 1, 2003