CHAPTER 77

FORMERLY

HOUSE BILL NO. 147

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATOR LICENSURE, CERTIFICATION AND EVALUATION.

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

Section 2. Amend § 1202(6), Title 14 of the Delaware Code by deleting the same in its entirety and substituting in lieu thereof the following:

“(6) ‘Educator’ means a person licensed and certified by the State under this Chapter to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Standards Board and approved by the State Board. For purposes of this subchapter, the term ‘educator’ does not include substitute teachers.”.

Section 3. Amend § 1202(7), Title 14 of the Delaware Code by deleting the words “only if a certified educator is not available through reassignment or hiring and only” as they appear therein.

Section 4. Amend § 1210(a), Title 14 of the Delaware Code by deleting the same in its entirety and substituting in lieu thereof the following:

“§ 1210(a) An initial license is valid for three (3) years unless revoked. The Department shall issue an initial license under this Section if an applicant demonstrates that he or she has received a Bachelor’s Degree from a regionally accredited four-year college or university, has achieved a passing score on an examination of general knowledge such as Praxis I, and has either completed a student teaching program or meets any one of the following alternatives to student teaching:

1. One (1) year of teaching experience consisting of a minimum of 91 days of long-term teaching experience in one assignment. Experience in the Alternative Routes to Licensure and Certification Program or the Special Institute for Teacher Licensure and Certification Program may not be used to meet this alternative; or

2. The applicant is enrolled and participating in the Alternative Routes to Licensure and Certification Program pursuant to Subchapter VI of Chapter 12 of this Title; or

3. The applicant is enrolled and participating in the Special Institute for Teacher Licensure and Certification pursuant to Subchapter V of Chapter 12 of this Title.”.

Section 5. Amend § 1210, Title 14 of the Delaware Code by adding a new subsection (g) thereto to read as follows:

“(g) Notwithstanding the provisions of subsections (a), (b) and (d), the Department shall issue an initial license to an applicant who meets the criteria for Meritorious New Teacher Candidate Designation adopted pursuant to § 1203 of this Title.”.

Section 6. Amend § 1211(b), Title 14 of the Delaware Code by deleting the words “DPAS II” as they appear therein and substituting in lieu thereof “the State-approved educator performance system”.

Section 7. Amend § 1213, Title 14 of the Delaware Code by inserting the words “up to” between the word “for” and the number “10” in the first sentence therein.

Section 8. Amend § 1213, Title 14 of the Delaware Code by inserting the following between the second and third sentences therein:

“The term of the advanced license be the same as the balance of the term of the educator’s National Board for Professional Teaching Standards Certification.”.

Section 9. Amend § 1216(d), Title 14 of the Delaware Code by deleting same in its entirety and substituting the following in lieu thereof:

“(d) The expiration of an educator’s license before the end of the school year shall be considered an exigent circumstance under subsection (a) and the educator’s license shall be extended until the end of that school year. Notwithstanding any extension, the effective date of any renewed license shall be the original expiration date.”.

Section 10. Amend § 1218, Title 14 of the Delaware Code by deleting the paragraph in the subsection in its entirety and inserting a new paragraph in lieu thereof to read as follows:

“(a) 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, or upon the license holder’s resignation or retirement pending dismissal for immorality, provided that clear and convincing evidence establishes the underlying misconduct.

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

(c) A license holder is entitled to a full and fair hearing before the Standards Board to challenge a proposed revocation pursuant to this Section.”.

Section 11. Amend § 1220, Title 14 of the Delaware Code by deleting subsection (a) in its entirety and substituting in lieu thereof the following:

“(a) The Department shall issue a standard certificate to an applicant who meets the requirements for licensure and has acquired the prescribed knowledge, skill, 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.”.

Section 12. Amend § 1220, Title 14 of the Delaware Code by deleting subsection (b) in its entirety and substituting in lieu thereof the following:

“(b) Notwithstanding the provisions of subsection (a), the Department shall issue a standard certificate to an applicant who:

1. meets the requirements for licensure and holds a valid and current license or certificate from another state; or

2. meets the requirements for a Meritorious New Teacher Candidate Designation adopted pursuant to § 1203 of this Title.”.

Section 13. Amend § 1251(1), Title 14 of the Delaware Code by deleting the words “judged to be appropriate for Delaware’s needs” from the first sentence therein and substituting in lieu thereof the following: “that has been designated as a critical needs area by the Department of Education”.

Section 14. Amend § 1251(4), Title 14 of the Delaware Code by deleting the first sentence in its entirety as it appears therein and substituting in lieu thereof the following:

“Must agree to teach at least one (1) year in a Delaware public school for each year the individual receives funding. Such service is to be completed within five (5) years of his or her successful completion of the Special Institute for Teacher Licensure and Certification Program.”.

Section 15. Amend § 1252(1), Title 14 of the Delaware Code by inserting the words “licensure and” between the words “seeking” and “certification” and the words “license and” between the words “initial” and “standard” in the first sentence therein.

Section 16. Amend § 1252(1), Title 14 of the Delaware Code by deleting the following: “A provisional or limited standard certificate, whichever is applicable,” from the second sentence therein and substituting in lieu thereof the following:

“An initial license conditioned on continued enrollment in the Special Institute and an emergency certificate”.

Section 17. Amend § 1252(1), Title 14 of the Delaware Code by adding a new sentence at the end thereof as follows:

“Upon successful completion of the Special Institute for Teacher Licensure and Certification Program, the individual shall receive an initial license valid for the balance of three (3) year term, and a standard certificate.”.

Section 18. Amend § 1252(2), Title 14 of the Delaware Code by inserting the words “licensure and” between the words “seeking” and “certification” and the words “license and” between the words “initial” and “standard” in the first sentence therein.

Section 19. Amend § 1252(2), Title 14 of the Delaware Code by deleting the words “A provisional certificate” from the second sentence therein and substituting in lieu thereof the following:

“An initial license conditioned on continued enrollment in the Special Institute and an emergency certificate”.

Section 20. Amend § 1252(2), Title 14 of the Delaware Code by adding a new sentence at the end thereof as follows:

“Upon successful completion of the Special Institute for Teacher Licensure and Certification Program, the individual shall receive an initial license valid for the balance of the three (3) year term and a standard certificate”.

Section 21. Amend § 1260, Title 14 of the Delaware Code by deleting subsection (b) in its entirety and redesignating subsection (c) as subsection (b).

Section 22. Amend § 1260(a), Title 14 of the Delaware Code by deleting the following: “an initial license and a certificate or certificates of no more than 3 years duration” and substituting in lieu thereof the following:

“an initial license of no more than three (3) years duration conditioned on continued enrollment in the Alternative Routes for Teacher Licensure and Certification Program and an emergency certificate(s)”.

Section 23. Further Amend § 1260(a)(1), Title 14 of the Delaware Code by deleting the word “an” from the first sentence therein and substituting in lieu thereof the words “a regionally”.

Section 24. Amend § 1260(a)(1), Title 14 of the Delaware Code by inserting the words “or its equivalent, which shall be no less than thirty (30) credit hours” between the words “major” and “appropriate” in the first sentence therein.

Section 25. Amend § 1260(a)(2), Title 14 of the Delaware Code by inserting after the word “specialization” the following:

“, if applicable and available. Candidates must pass the State Basic Skills Test and a State test of subject matter knowledge, if applicable and available, within the period of time from the date of hire to the end of the next consecutive fiscal year”.

Section 26. Amend § 1261(a)(2), Title 14 of the Delaware Code by deleting the semicolon “;” and substituting a period “.” at the end of the subsection.

Section 27. Amend § 1261(b)(1) Title 14 of the Delaware Code by inserting “or charter school” at the end of the last sentence.

Section 28. Amend § 1261(b)(2), Title 14 of the Delaware Code by deleting the words “be visited and critiqued no less than 1 time every 2 weeks by his or her assigned mentor and” from the second sentence and substituting in lieu thereof the following:

“participate in the State approved mentoring program, and”.

Section 29. Amend § 1261(b)(3) , Title 14 of the Delaware Code by deleting the words “be visited and critiqued by the assigned mentor at least 4 times and” from the second sentence and substituting in lieu thereof the following:

“participate in the State approved mentoring program, and”.

Section 30. Amend § 1261(c), Title 14 of the Delaware Code by deleting the words “National Association of State Directors of Teacher Education and Certification Standards” from the first sentence and substituting in lieu thereof the following words “National Council for Accreditation of Teacher Education (NCATE)”.

Section 31. Amend § 1263(a), Title 14 of the Delaware Code by deleting the words “an initial” as they appear in the second sentence and replacing with the word “a” therein.

Section 32. Amend § 1263(a), Title 14 of the Delaware Code by adding a sentence at the end of the subsection to read as follows:

“Such license shall be an initial license valid for the balance of the three (3) year term, if the participant has completed the program in less than three (3) years, or a continuing license, if the three (3) year term of the initial license has expired.”.

Section 33. Amend § 1263(c), Title 14 of the Delaware Code by deleting subsections (1) through (3) inclusive and substituting in lieu thereof the following:

“(1) Approved: Recommends issuance of the appropriate license and standard certificate or certificates; or

(2) Disapproved: Recommends that a license and standard certificate not be issued and that the candidate not be allowed to continue in the Alternative Routes for Teacher Licensure and Certification Program.”.

Section 34. Amend § 1263(d), Title 14 of the Delaware Code by inserting the words “licensure and” between the words “and” and “certification” therein.

Section 35. Amend § 1263(e), Title 14 of the Delaware Code by deleting the word “initial” wherever the same may appear therein, and deleting the word “an” as it appears in the first sentence and replacing with the word “a” therein.

Section 36. Further Amend § 1263(e), Title 14 of the Delaware Code by deleting the last sentence therein in its entirety and substituting in lieu thereof the following:

“The Secretary or his or her designee shall review the evaluation report, the licensure and certification recommendation, and any documentation supplied by the teacher and make a determination as to whether the teacher qualifies for licensure and certification.”.

Section 37. Amend § 1264, Title 14 of the Delaware Code by deleting subsections (a) and (b) in their entireties and substituting in lieu thereof the following:

“A teacher participating in the Alternative Routes for Teacher Licensure and Certification Program is entitled to a full and fair hearing before the Standards Board to challenge the Secretary’s or his or her designee’s licensure and certification decision.”.

Section 38. Amend § 1270(a), Title 14 of the Delaware Code by inserting a new sentence between the first and second sentences as follows:

“For purposes of this subchapter only, the term ‘educator’ shall also include specialists who practice in Delaware public schools, whether or not they are licensed and certified by the Department.”.

Section 39. Amend § 121(a)(5), Title 14 of the Delaware Code by striking the word “wilful’ as it appears in the first sentence and replacing with the word “willful” therein.

Section 40. Amend § 121(b)(5), Title 14 of the Delaware Code by the subparagraph in its entirety and inserting in lieu the following:

“(5)(i) 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.

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

(iii) 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 subsection.

(iv) 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.”

Section 41. Amend § 1322(a), Title 14 of the Delaware Code by deleting the words “who have the qualifications required by the department with the approval of the State Board of Education and” from the first sentence therein.

Section 42. Amend § 3310(4), Title 14 of the Delaware Code by deleting it in its entirety and renumbering the subsections accordingly.

Section 43. Section 11 of this Act shall become effective January 1, 2006. The remaining provisions of this Act shall become effective upon enactment into law.

Section 44. Amend § 1263(e), Title 14 of the Delaware Code by deleting the words ‘or a recommendation of insufficient should be granted’ as they appear in the first sentence therein.

Section 45. Amend § 121(b)(4), Title 14 of the Delaware Code by deleting the word “Secretary” as it appears in the first sentence therein and replacing with the words “Associate Secretary, Assessment and Accountability” in lieu thereof.

Approved June 30, 2005