Delaware General Assembly


CHAPTER 282

FORMERLY

HOUSE BILL NO. 433

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

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

Section 1. Amend § 1202, Title 14 of the Delaware by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 1202. Definitions.

The following definitions apply to this chapter:

(1) “ARTC program” means an alternative routes for teacher licensure and certification program.

Section 2. Amend Subchapter VI, Chapter 12, Title 14 of the Delaware by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

Subchapter VI. Alternative Routes For for Teacher Licensure and Certification.

§ 1260. Requirements for the participation in an alternative routes for teacher initial licensure and certification program. [Effective Apr. 20, 2018.]

(a) Subject to § 1217 of this title and notwithstanding any other provision in this chapter to the contrary, candidates seeking participation in an alternative routes for teacher licensure and certification program shall be issued an initial license conditioned on continued enrollment in an alternative routes for teacher licensure and certification program and an emergency certificate or certificate of eligibility, provided the candidate meets all of the following criteria:

(1) Hold a bachelor's degree from a regionally accredited college or university in a coherent major or its equivalent, which shall be no less than 30 credit hours appropriate to the instructional field;

(2) Pass a content-readiness exam for fields of teaching specialization, if applicable and available. Candidates must pass a content-readiness exam, if applicable and available, within the period of time from the date of hire to the end of the next consecutive fiscal year;

(3) Obtain an acceptable health clearance as per Department of Education regulations and an acceptable criminal background check clearance; and

(4) Obtain and accept an offer of employment in a position that requires instructional certification.

(b) Rules and regulations to implement this subchapter shall be promulgated and adopted pursuant to § 1203 of this title.

(c) If the initial licensee intends to apply for a continuing license, the licensee shall, prior to the expiration of that initial license, obtain a passing score on an approved performance assessment within the first 2 years of obtaining the initial license.

(a) Criteria is established for alternative routes for teacher licensure and certification programs, which are intended to provide essential knowledge and skills to participants in ARTC programs, through the following phases of training:

(1) A seminar and practicum that include all of the following:

a. Formal instruction or equivalent professional development required by an ARTC program established by regulation of the Department or law.

b. Introduction of basic teaching skills through supervised teaching experiences with students.

c. Components that are integrated and include an orientation to the policies, organization, and curriculum of the employing district or charter school.

(2) At least 200 hours of formal instruction, or equivalent professional development approved by the Department, is required to address subjects including, at a minimum, all of the following:

a. Curriculum.

b. Student development and learning at all levels.

c. The classroom and the school.

(b) A participant in an ARTC program may be granted hours for formal instruction or equivalent professional development successfully completed prior to entry into the program, or during the seminar and practicum.

(c) The Department of Education shall promulgate rules and regulations to implement this section.

Section 3. Amend § 1261, Title 14 of the Delaware by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 1261. Requirements for a district or charter school utilizing an alternative routes for teacher initial licensure and certification program. [Effective Apr. 20, 2018.]

(a) Each school district or charter school seeking to hire a candidate for an alternative routes program must do both of the following:

(1) Participate in an alternative routes for teacher licensure and certification program as established pursuant to subsection (b) or (d) of this section.

(2) Assign a mentor to each teacher participating in an alternative routes program.

(b) There is hereby established an alternative routes for teacher licensure and certification program which is intended to provide essential knowledge and skills to teachers participating in an alternative routes for teacher licensure and certification program through the following phases of training:

(1) A seminar/practicum of no less than 120 hours' duration which takes place prior to the time at which the teacher participating in an alternative routes for teacher licensure and certification program takes full responsibility for a classroom. This seminar/practicum shall provide such formal instruction or equivalent professional development as shall be required by an alternative routes for teacher licensure and certification program established by regulation of the Standards Board and the State Board of Education under § 1203 of this title or established by law, in the essential areas for professional study listed in subsection (c) of this section. It shall introduce basic teaching skills through supervised teaching experiences with students. The seminar and practicum components of the experience shall be integrated and shall include an orientation to the policies, organization and curriculum of the employing district or charter school. A teacher candidate who will participate in an alternative routes for teacher licensure and certification program hired after July 1 of a school year will fulfill the 120-hour seminar/practicum requirement prior to the start of the following school year.

(2) A period of intensive on-the-job supervision beginning the first day on which the teacher participating in an alternative routes for teacher licensure and certification program assumes full responsibility for a classroom and continuing for a period of at least 10 weeks. During this time, the teacher participating in an alternative routes for teacher licensure and certification program shall participate in the state-approved mentoring program, and shall be observed and formally evaluated at the end of 10 weeks by certified evaluators. At the end of the 10-week period, the teacher participating in an alternative routes for teacher licensure and certification program shall receive a formal written progress report from the certified evaluators.

(3) An additional period of continued supervision and evaluation of no less than 20 weeks' duration. During this period, the teacher participating in an alternative routes for teacher licensure and certification program shall participate in the state-approved mentoring program, and shall be observed formally and evaluated by the school administration at least twice. No more than 2 months shall pass without a formal observation. Opportunities shall be provided for the teacher participating in an alternative routes for teacher licensure and certification program to observe the teaching of experienced colleagues.

(c) Approximately 200 hours of such formal instruction or equivalent professional development, as shall be required by an alternative routes for teacher licensure and certification program established by regulation of the Standards Board and the State Board of Education under § 1203 of this title or established by law, in the following topics shall be provided in all 3 phases of the program combined so as to ensure that National Council for Accreditation of Teacher Education (NCATE) teacher training standards are maintained. Credit shall be granted to a participant in any approved alternative routes to teacher licensure and certification program for hours of formal instruction or equivalent professional development successfully completed prior to entry into such program, or during the seminar/practicum prescribed in paragraph (b)(1) of this section, which courses meet the requirements of this subsection.

(1) Curriculum. — Studies designed to foster an understanding of the curriculum taught and the assessment of teaching, including topics such as the following: The organization and presentation of subject matter, the development and use of tests and other forms of assessment, the evaluation and selection of instructional materials and the appropriate use of textbooks and teacher's guides, the use and interpretation of standardized tests and teacher-developed instruments, the reading process and other language arts skill development appropriate to the field of specialization and grade level, and a knowledge of techniques and materials for fostering the development of reading and language arts skills.

(2) Student development and learning at all levels. — Studies designed to foster an understanding of students, their characteristics as individuals, and the ways in which they learn, including topics such as: Student interests, motivation, preventing classroom disruption, creating a healthy learning climate, individual and group learning, language development, individual differences, and the role of technology learning.

(3) The classroom and the school. — Studies designed to foster an understanding of the school as a social unit and classroom management, including such topics as: The organizational/social structure of public education, the making of teaching decisions, allocation of instructional time, setting of priorities, pacing of instruction, setting of goals, questioning techniques, student practice and independent work.

(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.

(e) [Repealed.]

A district or charter school seeking to hire an individual who is a potential participant in an ARTC program must do all of the following:

(1) Assign to each individual who is a potential participant a mentor under rules and regulations promulgated and adopted under § 1210 and § 1212 of this title.

(2) Provide an initial period of intensive on-the-job supervision under rules and regulations promulgated by the Department.

(3) Provide an additional period of continued supervision and evaluation under rules and regulations promulgated by the Department.

Section 4. Amend § 1262, Title 14 of the Delaware by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 1262. Requirements for the evaluation of teachers participating participation in an alternative routes for teacher initial licensure and certification program.

(a) Teachers participating in an alternative routes for teacher licensure and certification program shall be observed by the assigned mentor teacher and evaluated by certified evaluators as per § 1261 of this title.

(b) Mentor teachers shall not participate in any way in decisions which might have a bearing on the licensure, certification or employment of teachers. They shall not assess or evaluate the performance of teachers unless they are appropriately certified evaluators. Interactions between teachers and experienced mentor teachers are formative in nature and considered a matter of professional privilege. Mentor teachers shall not be compelled to offer testimony on the performance of teachers.

(a) Subject to § 1217 of this title and notwithstanding any other provision in this chapter, an individual who is a potential participant must be issued an initial license in an ARTC program and applicable certification, provided the individual meets all of the following criteria:

(1) Holds a bachelor's degree from a regionally-accredited college or university.

(2) Has at least 24 credits from a regionally-accredited college or university aligned to the content area in which the individual is seeking certification, or the equivalent in professional development approved by the Department, appropriate to the instructional field, or passing scores on an approved content-readiness exam prior to entering the ARTC program.

(3) Obtains an acceptable health clearance under Department regulations, and an acceptable criminal background check clearance.

(4) Obtains and accepts an offer of employment in a full-time position that requires instructional certification.

(b) While in an ARTC program, a participant must meet both of the following criteria:

(1) Maintain satisfactory progress towards the completion of all ARTC program requirements.

(2) Be continuously employed with a district or charter school.

(c) An ARTC program participant must attain all of the following, prior to the expiration of the initial license to obtain standard certification within the first 2 years of teaching:

(1) Successful completion of all ARTC program requirements.

(2) Two summative evaluations using a state-approved system with not more than 1 summative evaluation being unsatisfactory.

(3) Passing scores on approved content readiness exams pursuant to the certification requirements.

(4) Passing scores on an approved performance assessment.

(d) The Department may grant additional time to complete the requirements of subsection (b) of this section, in consultation with the ARTC program, to an ARTC program participant based on exigent circumstances to complete any remaining formal instruction or equivalent professional development. The total extension of time may not exceed 1 year and a participant may be granted only 1 extension.

(e) The Department shall promulgate rules and regulations to implement this section.

Section 5. Amend § 1263, Title 14 of the Delaware by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 1263. Recommendation for Issuance of initial licensure and certification of teacher participating to a participant in an alternative routes for teacher initial licensure and certification program.

(a) At the conclusion of an alternative routes for teacher licensure and certification program, the certified evaluators shall prepare a comprehensive evaluation report on the performance of the teacher participating in an alternative routes for teacher licensure and certification program. This report shall be submitted by the certified evaluators directly to the Department of Education and shall contain a recommendation as to whether or not a license should be issued to the teacher participating in an alternative routes for teacher licensure and certification program. Such license shall be an initial license valid for the balance of the 4-year term, if the participant has completed the program in less than 4 years, or continuing license, if the 4-year term of the initial license has expired.

(b) The final comprehensive evaluation report on each teacher participating in an alternative routes for teacher licensure and certification program shall be made on standard forms developed by the Department of Education.

(c) The final evaluation report on each teacher participating in an alternative routes for teacher licensure and certification program shall include 1 of the following recommendations:

(1) Approved. — Recommends issuance of the appropriate license and standard certificate or certificates.

(2) Disapproved. — Recommends that a license and standard certificate not be issued and that the candidate not be allowed to continue in an alternative routes for teacher licensure and certification program.

(d) The certified evaluators shall provide the teacher participating in an alternative routes for teacher licensure and licensure and certification program with a copy of the teacher's written evaluation report and licensure and certification recommendation 20 days before submitting it to the Department of Education.

(e) If the teacher participating in an alternative routes for teacher licensure and certification program disagrees with the certified evaluators' recommendation, the teacher may, within 15 days of receipt of the evaluation report and licensure and certification recommendation, submit to the certified evaluators written materials documenting the reasons that the teacher participating in an alternative routes for teacher licensure and certification program believes a license should be awarded. The certified evaluators shall forward all such documentation to the Department of Education along with the evaluation report and recommendation concerning licensure and certification. The Secretary or the Secretary's 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.

(f) Teachers participating in an alternative routes for teacher licensure and certification program who receive are commendation of "disapproved" may petition the Department for approval of additional opportunities to participate in an alternative routes for teacher licensure and certification program.

(a) At the conclusion of an ARTC program, all of the following must be met:

(1) The ARTC program shall provide to each participant and the Department documentation stating whether the participant has successfully completed the alternative routes for teacher licensure and certification seminar and hours of formal instruction or professional development under § 1260 of this title.

(2) The local education agency shall provide to each participant and the Department documentation stating whether the participant has 2 summative evaluations using a state-approved system with not more than 1 summative evaluation being unsatisfactory.

(3) Each participant shall provide to the Department official documentation of passing scores on state-approved content readiness exams and passing scores on a state-approved performance assessment under the certification requirements.

(b) Subject to § 1217 of this title and notwithstanding any other provision in this chapter, the Department shall issue to an ARTC program participant the appropriate license and certification, if the participant has attained all of the following:

(1) Successful completion of all ARTC program requirements.

(2) Two summative evaluations using a state-approved system with not more than 1 summative evaluation being unsatisfactory.

(3) Passing scores on approved content readiness exams pursuant to the certification requirements.

(4) Passing scores on an approved performance assessment.

(c) The Department shall promulgate rules and regulations to implement this section.

Section 6. Amend § 1264, Title 14 of the Delaware by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1264. Procedure for teachers participating in an alternative routes for teacher licensure and certification program to contest licensure and certification decisions.

A teacher participating in an 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 the Secretary's designee's licensure and certification decision. [Repealed.]

Approved June 28, 2018