CHAPTER 169

FORMERLY

SENATE BILL NO. 162

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO LICENSURE AND CERTIFICATION OF NON-PUBLIC SCHOOL TEACHERS, SPECIALISTS AND ADMINISTRATORS.

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

Section 1. Amend §121, Title 14 of the Delaware Code by inserting “(a)” immediately preceding the word “The” in the first sentence thereof.

Section 2. Amend §121, Title 14 of the Delaware Code by inserting a new subsection (b) therein as follows:

“(b) The Department shall establish a voluntary licensure and certification system for non-public school teachers, specialists and administrators employed in this State, and is empowered to make rules and regulations to implement the same.

(1) Said system shall consist of a three-tiered licensure system consisting of an initial license, continuing license and an advanced license. The prerequisites required for issuance of an initial, continuing or advanced license to a non-public school teacher, specialist or administrator shall be consistent, to the extent possible, with those required for the issuance of an initial, continuing or advanced license to a public school educator as set forth in Subchapter II of Chapter 12 of this Title. The qualifications for a standard certificate and an emergency certificate shall be consistent, to the extent possible, with those required for the issuance of same to a public school educator, as set forth in Subchapter III of Chapter 12 of this Title.

(2) If a non-public school licensee intends to apply for a continuing license, the licensee shall, prior to the expiration of his or her initial license, complete such professional development and mentoring activities as may be required by the Department.

(3) A licensed and certified non-public school teacher, specialist or administrator must receive at least 1 performance appraisal evaluation annually. The evaluation must be in a form approved by the Department and consistent with the Delaware Professional Teaching Standards and the Delaware Administrator Standards. The performance appraisal evaluation must include an overall rating and a student improvement component rating, and must identify what constitutes satisfactory and unsatisfactory performance on the overall evaluation and each component of the evaluation. The performance appraisal evaluation must have no more than 5 components and must have a strong focus on student improvement, with 1 component dedicated exclusively to student improvement and weighted at least as high as any other component. The measure of student improvement must be approved by the Department.

(4) The Department, through the Secretary, may refuse to issue a license to an applicant who otherwise meets the requirements of this section upon a finding that the applicant is unfit to be licensed in the State. An applicant is entitled to a full and fair hearing before the Secretary of Education or designee to challenge a denial pursuant to this subsection.

(5) The Department, through the Secretary, may revoke a license issued under the provisions of this subchapter 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 statement in his or her license application. Further, the Department, through the Secretary, must revoke a standard certificate upon a finding that the certificate holder made a materially false or misleading statement in his or her application or upon revocation of a license issued under this section. A license holder or certificate holder is entitled to a full and fair hearing before the Secretary of Education or designee to challenge a revocation pursuant to this subsection.

(6) The Department shall issue a continuing license to a non-public school teacher, specialist or administrator holding a Delaware certificate issued by an education certifying board prior to July 13, 1971 or upon the expiration of a professional status certificate or standard certificate issued by the Department.

(7) Licenses and certificates issued to non-public school teachers, specialists and administrators shall have the same force and effect as licenses and certificates issued pursuant to Subchapter II and III of Chapter 12 of this Title.”

Approved July 15, 2003