CHAPTER 76

FORMERLY

HOUSE BILL NO. 145

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO LICENSURE AND CERTIFICATION OF DEPARTMENT OF EDUCATION EMPLOYEES, PRISON EDUCATION EMPLOYEES, AND ADULT EDUCATION EMPLOYEES.

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 new subsection (c) therein as follows:

“(c) The Department shall establish a licensure and certification system for public education employees in this State that applies to Department of Education employees, adult education employees, and prison education employees whose work responsibilities are directly related to curriculum and instruction, but does not apply to public school educators who shall be licensed and certified in accordance with Subchapters II and III of Chapter 12 of this Title. The Department shall be empowered to promulgate rules and regulations to implement such system.

(1) For purposes of this Section only, ‘Public education employee’ means a public education employee whose work responsibilities are directly related to curriculum and instruction, and includes Department employees, adult education employees, and prison education employees, but does not include public school educators who shall be licensed and certified in accordance with Subchapters II and III of Chapter 12 of this Title.

(2) Said system shall consist of 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 public education employee 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.

(3) If a licensee under this Section intends to apply for a continuing license, the licensee shall, prior to the expiration of his or her initial license, complete such professional development as may be required by the Department.

(4) A licensed and certified public education employee shall be evaluated pursuant to a performance appraisal evaluation developed by the Department.

(5) The Department, through the Associate Secretary, Assessment and Accountability, 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.

(6)(a) The Department, through the Associate Secretary, Assessment and Accountability, 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, or upon the license holder's resignation or retirement pending dismissal for immorality, provided clear and convincing evidence establishes that the underlying misconduct occurred.

(b) A license issued under the provisions of this subchapter must be revoked upon a finding that the license holder made a materially false or misleading statement in the license holder's license application.

(c) The Department, through the Associate Secretary, Assessment and Accountability, must revoke a standard certificate upon a finding that the certificate holder made a false or misleading statement in the certificate holder's application or upon revocation of a license issued under this Section.

(d) A license holder or certificate holder is entitled to a full and fair hearing before the Secretary of Education or designee to challenge a proposed revocation pursuant to this subsection.”.

Approved June 30, 2005