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SPONSOR: Rep. K. Williams & Sen. Sturgeon
Reps. Bush, Gorman, Heffernan, K. Johnson, Ross Levin,
Michael Smith, Chukwuocha; Sens. Cruce, Lockman,
Mantzavinos, Walsh, Huxtable
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 97
AN ACT TO AMEND TITLES 14 AND 31 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF
EDUCATION, PROFESSIONAL STANDARDS, AND SALARY SUPPLEMENTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend Subchapter I, Chapter 12, Title 14 of the Delaware Code by making deletions as shown by
2 strike through and insertions as shown by underline as follows and by redesignating accordingly:
3 Subchapter I. Professional Standards Board
4 § 1201. Purpose.
5 The purpose of this chapter is to establish a system of professional development, professional standards, licensure,
6 certification and evaluation that serves to continually improve the quality of instruction and support for Delaware’s children
7 so that they are equipped to work and succeed in an ever-changing and increasingly complex global economy. The General
8 Assembly finds that a rigorous system of licensure, certification, permitting, professional development and evaluation
9 designed to support improved student achievement, achievement and well-being, together with an expansion of the salary
10 system to include compensation for skills and knowledge, will serve to improve the quality of the Delaware educator
11 education workforce and to improve student performance. All educators must be licensed, certified certified, and evaluated
12 in accordance with under this chapter. Paraprofessionals and other student support and classroom personnel must hold a
13 permit according to this chapter or an approved professional license under Title 24. To develop this system and to ensure
14 that its purposes are achieved, the General Assembly creates the Delaware Professional Standards Board to work in
15 conjunction with the Department of Education and the State Board of Education toward the full implementation of this
16 chapter.
17 § 1202. Definitions.
18 The following definitions apply to this chapter:
19 (1) “Approved professional license issued under Title 24” means a professional license issued by any of the
20 following Boards:
21 a. Board of Occupational Therapy Practice.
22 b. Board of Mental Health and Chemical Dependency Professionals.
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23 c. Board of Examiners of Psychologists.
24 d. Board of Social Work Examiners.
25 e. Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers, but excluding a
26 hearing aid dispenser license.
27 f. Examining Board of Physical Therapists and Athletic Trainers.
28 (5) “Classroom aide” means a school employee who supports teachers by assisting students with activities and
29 daily tasks. A classroom aide may work with individuals or small groups and provide additional assistance based on
30 student needs. An individual with a diploma of alternate achievement standards may serve as a classroom aide.
31 (12) “Other student support personnel” means a person other than a paraprofessional who is hired or
32 contracted by a district or charter school to support students with mental health services or behavior interventions and
33 may have direct, unsupervised contact with students, but who is not otherwise qualified to hold a license and a standard
34 certificate issued under this chapter or an approved professional license issued under Title 24.
35 (10) (13) “Paraprofessional” means a public school employee covered by person permitted by the State under
36 this chapter to assist in classroom instruction, classroom management, student behavior, or functional skills activities,
37 and is paid under § 1324 of this title.
38 (14) “Permit” means a credential that authorizes the holder to engage in student support and classroom
39 services within a public school.
40 (11) (15) “Secretary” means the Secretary of the Delaware Department of Education.
41 (16) “Specialist intern” means a person who is enrolled in an education preparation program in school
42 counseling or school psychology, who is completing the internship required for certification. Specialist interns include
43 individuals completing required supervised fieldwork in behavior analysis at a school. All specialist interns must
44 adhere to any other regulations or requirements required by the specialist intern’s applicable certificate.
45 (17) “Year-long resident” means a person who is enrolled in a year-long residency program under § 1281 of
46 this title.
47 §1204. [Reserved.] License or permit requirement.
48 (a) No person may work in a public school unsupervised with students without a valid permit, a license issued
49 under this chapter, or an approved professional license issued under Title 24.
50 (b) The following individuals are exempt from the requirements of subsection (a) of this section:
51 (1) Non-instructional administrators.
52 (2) Nutrition staff.
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53 (3) Custodial staff.
54 (4) Transportation staff.
55 (5) Clerical staff.
56 (6) A charter school administrator exempt under § 507(c) of this title.
57 (7) A substitute teacher serving for less than 12 consecutive weeks in one school.
58 § 1205. Professional Standards Board.
59 (a) Recognizing that well-prepared, effective educators educators, paraprofessionals, and other student support and
60 classroom personnel are critical to our students’ success and that those entrusted with the achievement of our students
61 should have a voice in the development of policies that affect their profession, there is hereby established the Professional
62 Standards Board. The intent of the General Assembly is that the Standards Board and the Department work in close
63 coordination and collaboration to fully and effectively implement the purposes of this chapter. To this end, the Standards
64 Board shall file reports on January 1, April 1, July 1, and October 1 of each calendar year with the General Assembly, the
65 Governor, the State Board and the Department.
66 (b) The Standards Board shall develop rules and regulations relating to educators’ professional development,
67 licensure requirements, certification requirements and paraprofessional qualifications and training. and certification
68 requirements. In addition, the Standards Board shall develop regulations relating to permit requirements for
69 paraprofessionals and other student support and classroom personnel. The Department shall implement the rules and
70 regulations promulgated and adopted pursuant to this chapter relating to licensure and certification of educators educators,
71 permitting of paraprofessionals and other student support and classroom personnel, and certification of evaluators, and as
72 otherwise directed by rules and regulations developed under this chapter.
73 Section 2. Amend Subchapter II, Chapter 12, Title 14 of the Delaware Code by making deletions as shown by
74 strike through and insertions as shown by underline as follows:
75 Subchapter II. Three-Tiered Licensure System
76 § 1215. Licensure of educators holding professional status certificates or other certificates.
77 The Department shall issue a continuing license to a person holding a Delaware certificate issued by an education
78 certifying board prior to July 13, 1971, or upon the expiration of a professional status certificate or standard certificate
79 issued by the Department. Upon application, the Department shall issue an advanced license to a person holding current
80 National Board for Professional Teaching Standards certification and a current Delaware certificate as of May 3, 2000.
81 [Repealed.]
82 § 1216A. Issuance and renewal of permits.
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83 (a) The Department shall issue a permit to an individual who meets all of the following requirements:
84 (1) The individual’s role involves one of the following:
85 a. Paraprofessional.
86 b. Other student support personnel, including visiting teacher.
87 c. Substitute teacher hired as an employee of a school district or charter school.
88 d. Substitute teacher seeking certification.
89 e. Student teacher.
90 f. Year-long resident.
91 g. Specialist intern.
92 h. Classroom aide.
93 (2) The individual does not have a license issued under this chapter or an approved professional license issued
94 under Title 24.
95 (3) The individual works at or seeks to be credentialed to work at a public school in Delaware and is in the
96 school either part-time or full time.
97 (4) The individual has met education and training requirements for the permit as determined by the
98 Department and the Standards Board.
99 (b) Permits are valid for up to 5 years unless revoked.
100 (c) Upon application, the Department shall renew a permit for an additional term if the permit holder has
101 completed the specified renewal activities for that permit as required by the rules and regulations promulgated and adopted
102 under this chapter. An intern permit may not be renewed but may be extended until the internship period is completed.
103 § 1217. Denial of licenses. licenses and permits.
104 (a) Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may deny
105 an applicant’s application for a license or permit for failure to meet the qualifications for a license. license or permit. The
106 Department may further deny a license or permit to an applicant who otherwise meets the requirements of this subchapter
107 for any of the causes enumerated in § 1218(a) and (b) of this title.
108 (b) The Department shall not take action to deny a license or permit under this section without providing the
109 applicant with written notice of the reasons for denial and with an opportunity for a full and fair hearing before the
110 Standards Board.
111 (c) In any hearing before the Standards Board to challenge action taken under this section, the Standards Board
112 shall have the power to administer oaths, order the taking of depositions, issue subpoenas, and oaths and issue subpoenas to
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113 compel attendance the testimony of witnesses and the production of books, accounts, papers, records, documents, and
114 testimony. or documents.
115 (d) The burden of proof in a license or permit denial action is on the applicant to show by a preponderance of the
116 evidence that the applicant should not be denied a license or permit because that applicant meets the qualifications for
117 licensure or a permit pursuant to the applicable laws and regulations.
118 § 1218. Limitation, suspension and revocation of licenses. licenses, certificates, or permits.
119 (a) The Secretary may issue a public letter of reprimand, suspend, revoke, or limit a license or certificate license,
120 certificate, or permit that has been issued to any person pursuant to this chapter, for any of the following causes:
121 (1) Obtaining or attempting to obtain a license or certificate license, certificate, or permit by fraudulent means
122 or through misrepresentation of material facts; facts.
123 (2) Falsifying official school records, documents, statistics, or reports; reports.
124 (3) Knowingly violating any of the provisions of the state assessment system set forth in § 172 of this title;
125 title.
126 (4) Pleading guilty or nolo contendere with respect to, or is convicted of, any crime against a child
127 constituting a misdemeanor, except for unlawful sexual contact in the third degree [§ 767 of Title 11]; Title 11].
128 (5) Pleading guilty or nolo contendere with respect to, or is convicted of, possession of a controlled substance
129 or a counterfeit controlled substance classified as such in Schedule I, II, III, IV or V of Chapter 47 of Title 16; 16.
130 (6) Immorality, incompetence, misconduct in office, wilful neglect of duty, disloyalty, or misconduct
131 involving any cause for suspension or revocation of a license license, certificate, or permit provided for in this section;
132 or section.
133 (7) [Repealed.]
134 (8) Having had a license or certificate license, certificate, or permit suspended, revoked, or voluntarily
135 surrendered in another jurisdiction for cause which would be grounds for suspension or revocation under this section.
136 (b) Notwithstanding the provisions of subsection (a) of this section, the Secretary shall revoke a license or
137 certificate license, certificate, or permit if the license license, certificate, or permit holder does any of the following:
138 (1) Pleads guilty or nolo contendere with respect to, or is convicted of any of the following:
139 a. Any crime constituting the manufacture, delivery, possession with intent to manufacture or deliver a
140 controlled substance or a counterfeit controlled substance classified as such in Schedule I, II, III, IV or V of
141 Chapter 47 of Title 16.
142 b. Any crime constituting a violent felony as defined in § 4201(c) of Title 11.
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143 c. Any crime against a child constituting a felony, or unlawful sexual contact in the third degree (§ 767
144 of Title 11).
145 d. Any crime constituting a felony sexual offense.
146 e. Any crime constituting a felony offense against public administration involving bribery, improper
147 influence or abuse of office.
148 (2) Commits a sexual offense against a child.
149 (3) [Repealed.]
150 (c) The Secretary may automatically suspend any license or permit without a prior hearing if the license or permit
151 holder is arrested or indicted by a grand jury for a violent felony as defined in § 4201(c) of Title 11 or for any crime
152 against a child constituting a felony. A suspension under this subsection is effective on the date of the arrest or grand jury
153 indictment.
154 (1) For a suspension under this subsection, the Secretary shall issue a written temporary order of suspension to
155 the license or permit holder at that license or permit holder’s last known address.
156 (2) The chief school officer or head of school, on behalf of the local board of education or charter school
157 board of directors, shall report to the Secretary the name and last known address of any license or permit holder
158 employed by the district or charter school who it knows to have been arrested or indicted by a grand jury for a violent
159 felony as defined in § 4201(c) of Title 11 or for any crime against a child constituting a felony.
160 (3) A license or permit holder whose license or permit has been suspended pursuant to this subsection may
161 request an expedited hearing before the Standards Board within 20 calendar days from the date the notice of the
162 Secretary’s decision to temporarily suspend the license or permit holder’s license was mailed. In the event that the
163 license or permit holder requests an expedited hearing in a timely manner, the Standards Board shall convene a hearing
164 within 90 days of the receipt of such a request.
165 (4) If the license or permit holder pleads guilty or nolo contendere with respect to, or is convicted of, a violent
166 felony as defined in § 4201(c) of Title 11 or any crime against a child constituting a felony, the Secretary shall proceed
167 with revocation under subsection (b) of this section.
168 (5) If the license or permit holder is found not guilty of the underlying criminal charges, a nolle prosequi is
169 entered on the record by the State, or the charges are otherwise dismissed by the court, the license or permit holder may
170 file a written request for license or permit reinstatement, including documentation of the final status of the judicial
171 proceeding, and their license or permit shall be reinstated reinstated. If the license or permit expired during the period
172 of suspension, the holder of the former license or permit may reapply for the same tier license or permit that was
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173 suspended, but shall meet the license or permit requirements that are in effect at the time of the application for license.
174 the license or permit.
175 (6) An order of suspension under this subsection shall remain in effect until the final order of the Secretary or
176 the Standards Board becomes effective.
177 (d) The Secretary may take an action under subsection (a), (b), or (c) of this section on the basis of substantially
178 comparable conduct occurring in a jurisdiction outside this state or occurring before a person applies for or receives any
179 license. license or permit.
180 (e) Any license or permit holder who has pled guilty or nolo contendere to, or has been convicted of, a crime in a
181 court of law which would constitute grounds for revocation, suspension suspension, or limitation of a license or permit
182 under subsection (a) or (b) of this section or has been arrested or indicted by a grand jury for a violent felony as defined in §
183 4201(c) of Title 11 or any crime against a child constituting a felony, shall notify the Secretary of such action in writing
184 within 20 days of such conviction, arrest or indictment, whether or not a sentence has been imposed. Failure to do so shall
185 be grounds on which the Secretary may limit, suspend, or revoke the holder’s license. license or permit.
186 (f) Any license or permit holder who has surrendered an educator license or permit or any professional license or
187 certificate or who has had such a license license, permit, or certificate revoked, suspended, or limited in any jurisdiction or
188 by any agency shall notify the Secretary of such action in writing within 30 days of such action. Failure to do so shall be
189 grounds on which the Secretary may limit, suspend suspend or revoke the holder’s license. license or permit.
190 (g) The chief school officer or head of school, on behalf of the local board of education or charter school board of
191 directors, shall report to the Secretary the name and last known address of any license or permit holder who is dismissed,
192 resigns, retires retires, or is otherwise separated from employment with that district or charter school after the local board of
193 education or charter school board of directors provides to the license or permit holder notice of intent to terminate for
194 misconduct that constitutes grounds for revocation or suspension under subsection (a), (b), or (c) of this section. Such
195 report shall be made within 15 days of the dismissal, resignation, retirement retirement, or other separation from
196 employment and is required notwithstanding any termination agreement to the contrary that the local board of education or
197 charter school board of directors may enter into with the license or permit holder. The reasons for the license or permit
198 holder’s dismissal, resignation, retirement retirement, or other separation from employment with the district or charter
199 school shall also be provided along with all evidence that was reviewed by or is in the possession of the district or charter
200 school relating to the dismissal, resignation, retirement, or other separation from employment. The Department shall give
201 written notice to any license or permit holder of any notification received under this subsection to the license or permit
202 holder’s last known address. Such notification shall be made within 15 days of receipt of the district or charter school’s
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203 report to the Department of misconduct under this subsection. The obligation to report also applies when a chief school
204 officer or head of school acquires relevant information after a license or permit holder’s dismissal, resignation, retirement,
205 or other separation from employment. Failure to make such reports shall be grounds on which the Secretary may issue a
206 letter of reprimand, limit, suspend, or revoke the chief school officer’s or head of school’s license. All information obtained
207 from the chief school officer or head of school shall be confidential and shall not be considered public records under
208 Delaware’s Freedom of Information Act (Chapter 100 of Title 29). If after having received notice of intent to terminate for
209 misconduct in office or immorality, a license or permit holder requests and prevails at a hearing, there is no required report
210 to the Department.
211 (h) The Secretary may investigate any information received about a person that reasonably appears to be the basis
212 for action under subsections (a) through (c) of this section. The Secretary shall not investigate anonymous complaints. The
213 Department shall give written notice within a reasonable period of time to a license or permit holder of any investigation
214 initiated hereunder to the license or permit holder’s last known address. All information obtained during an investigation is
215 confidential and shall not be considered public records under Delaware’s Freedom of Information Act (Chapter 100 of Title
216 29). The Secretary shall review the results of each investigation and shall determine whether the results warrant initiating
217 action under subsection (a), (b), or (c) of this section. All final orders issued by either the Secretary or the Professional
218 Standards Board under this section are public documents pursuant to § 10002 of Title 29.
219 (j) The Secretary may enter a consent agreement with a person against whom action is being taken under
220 subsection (a), (b), or (c) of this section. A licensee or permit holder may surrender their license, certification, or permit
221 through a consent agreement with the Secretary. Unless otherwise stated in the consent agreement and permitted under
222 other applicable law, the Department must report the surrender of a license, certification, or permit to appropriate state and
223 federal agencies and licensing data banks as a disciplinary action. The surrendered rights and privileges of a licensee and
224 certification, or permit holder may not be reacquired.
225 (k) No action shall be taken against a person under subsection (a) or (b) of this section without providing the
226 person with written notice of the charges and with an opportunity for a full and fair hearing before the Standards Board.
227 Notice shall be personally delivered or sent by certified mail to the person’s last known address. The license or permit
228 holder shall have 30 calendar days from the date the notice of the charges was mailed to make a written request for a
229 hearing. Unless otherwise provided for in this section, the burden of proof in a license or permit disciplinary action shall be
230 on the agency taking official action to establish by preponderance of the evidence that the license or permit holder has
231 engaged in misconduct as defined by subsections (a) and (b) of this section or otherwise has failed to comply with the
232 applicable laws and regulations relating to the retention of the license. license or permit. At the conclusion of any such
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233 hearing, the Professional Standards Board shall issue a final order finding the facts as determined by the hearing and issuing
234 a public letter of reprimand, revoking, suspending, or limiting the license license, permit, or certificate, if appropriate. If no
235 written request for a hearing is received by the Standards Board, the license or permit holder shall be issued a public letter
236 of reprimand, or the license holder’s license or permit holder’s permit shall be deemed to be revoked, suspended, or limited
237 in the manner set forth in the notice, and the holder shall be so notified.
238 (l) A license or permit may be suspended for a period of time not to exceed 5 years. The license or permit may be
239 reinstated by the Secretary, upon written request, with verification that all requirements for license or permit renewal have
240 been satisfied. If the license or permit expired during the period of suspension, the holder of the former license or permit
241 may reapply for the same tier license or permit that was suspended but shall meet the license or permit requirements that are
242 in effect at the time of the application for the license. license or permit.
243 (m) If any of the causes listed in subsection (a) or (b) of this section are determined, the Secretary or the Standards
244 Board after a hearing, may put limitations on a license or permit that may include but is not limited to: include any of the
245 following:
246 (1) Restrictions on the ages of students with whom the license or permit holder may work; work.
247 (2) Additional supervision requirements; or requirements.
248 (3) Education, counseling, or psychiatric examination requirements.
249 (n) If a decision of license or permit limitation, suspension suspension, or revocation is based on paragraph (a)(4),
250 (a)(5), or (b)(1) of this section, and if the plea or conviction is overturned and there is no subsequent proceeding leading to
251 a plea or conviction, the individual whose license or permit is limited, suspended suspended, or revoked may file a written
252 request for reinstatement, including documentation of the final status of the judicial proceeding, and the license or permit
253 shall be reinstated.
254 (o) An individual whose license or permit has been revoked under subsection (a) of this section may petition the
255 Secretary for reinstatement of the license or permit not sooner than 5 years from the date of revocation. The individual shall
256 submit to the Secretary a written petition showing credible evidence, by affidavit or otherwise, of the factors set forth in
257 paragraph (o)(1) of this section.
258 (1) The Secretary shall consider all of the following criteria in evaluating a petition for reinstatement and shall
259 only grant such a petition if it is in the best interest of the public schools of the State:
260 a. The nature and circumstances of the individual’s original misconduct; misconduct.
261 b. The individual’s subsequent conduct and rehabilitation; rehabilitation.
262 c. The individual’s present character; and character.
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263 d. The individual’s present qualifications and competence to engage in the practice of instruction,
264 administration administration, or other related professional support services.
265 (2) A former license or permit holder is entitled to a full and fair hearing before the Standards Board to
266 challenge a denial of reinstatement pursuant to this subsection.
267 (3) A license or permit revoked under subsection (b) of this section or suspended under subsection (c) of this
268 section may not be reinstated under this subsection. A license or permit revoked under paragraph (b)(1) of this section
269 may only be reinstated pursuant to subsection (n) of this section and a license or permit suspended under subsection (c)
270 of this section may only be reinstated pursuant to paragraph (c)(5) of this section or after a hearing before the Standards
271 Board.
272 (p) In any hearing before the Standards Board to challenge action taken under this section, the Standards Board
273 shall have the power to administer oaths, order the taking of depositions, issue subpoenas, and compel attendance oaths and
274 issue subpoenas to compel the testimony of witnesses and the production of books, accounts, papers, records, documents,
275 and testimony. and documents.
276 (q) Notice of the public letter of reprimand, limitation, revocation, suspension suspension, or reinstatement of a
277 license or permit shall be made by the Secretary, or the Secretary’s designee, to all chief state school officers of the other
278 states and territories of the United States.
279 (r) All communications between a license or permit holder and the Department or Standards Board provided for in
280 this section shall be by certified mail, with a return receipt requested. or via electronic mail if requested by the license or
281 permit holder.
282 § 1218A. Temporary suspension pending hearing.
283 (a) In the event of a complaint concerning the activity of a person licensed licensed, permitted, or certified that
284 presents a clear and immediate danger to the health, safety, or welfare of students, the Secretary may temporarily suspend
285 the person's license license, permit, or certificate, pending a hearing. An order temporarily suspending a license license,
286 permit, or certificate under this section may not be issued unless the person or the person's attorney received at least 72
287 hours' written or oral notice before the temporary suspension so that the person or the person's attorney can file a written
288 response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided
289 on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60
290 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the
291 hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in
292 effect until the hearing convenes and a decision is rendered.
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293 (b) A person whose license license, permit, or certificate has been temporarily suspended pursuant to this section
294 must be notified of the temporary suspension immediately and in writing. Notification consists of a description of the
295 complaint and the order of temporary suspension pending a hearing personally served upon the person or sent by certified
296 mail, return receipt requested, to the person's last known address.
297 (c) A person whose license license, permit, or certificate has been temporarily suspended pursuant to this section
298 may request an expedited hearing. The Professional Standards Board shall schedule the hearing on an expedited basis,
299 provided that the Board receives the request within 10 calendar days from the date on which the person received
300 notification of the decision to temporarily suspend the person's license license, permit, or certificate.
301 (d) As soon as possible after the issuance of an order temporarily suspending a person's license license, permit, or
302 certificate pending a hearing, the Board shall appoint a hearing examiner. After notice to the person pursuant to subsection
303 (b) of this section, the hearing examiner shall convene within 60 days of the date of the issuance of the order of temporary
304 suspension to consider the evidence regarding the matters alleged in the complaint. If the person requests in a timely
305 manner an expedited hearing, the hearing examiner shall convene within 15 days of the receipt of the request by the Board.
306 The hearing examiner shall render a decision within 20 days of the hearing.
307 § 1218B. Nondisciplinary letter of concern
308 (b) If a person licensed licensed, permitted, or certified receives a total of 3 letters of concern pursuant to this
309 section addressing the same or substantially similar conduct, the Secretary may reasonably impose any of the restrictions of
310 § 1218(m)(3) of this title in order to protect the health, safety, or welfare of the person's current or prospective students.
311 § 1219. Disclosure.
312 Pursuant to the rules and regulations promulgated and adopted under this chapter, the Department shall require
313 each applicant for a license or permit under this chapter to disclose that applicant’s own criminal conviction history. Failure
314 to disclose a criminal conviction history pursuant to this section is grounds for denial of a license or permit under § 1217 of
315 this title, revocation of a license or permit under § 1218 of this title, and/or and criminal prosecution under subchapter VI
316 (Criminal Background Check for Public School Related Employment) of Chapter 85 of Title 11 until April 7, 2016, and
317 effective on April 7, 2016, subchapter I of Chapter 3 of Title 31.
318 Section 3. Amend Subchapter V, Chapter 12, Title 14 of the Delaware Code by making deletions as shown by
319 strike through and insertions as shown by underline as follows:
320 Subchapter V. Special Institute for Teacher Licensure and Certification [Repealed.]
321 § 1250. Established.
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322 A special institute to be run by 1 or more of Delaware’s teacher training institutions shall be established to provide
323 a program for college graduates without a license and/or certificate to become licensed and certified to teach in Delaware
324 public schools. The program shall be designed for such graduates, who hold a bachelor’s degree but who have no teacher
325 training or previous teaching experience. The Professional Standards Board and the State Board of Education shall
326 promulgate and adopt rules and regulations pursuant to this chapter that are relative to the special institute for teacher
327 licensure and certification and the teacher training institution or institutions will set up and manage the program. There will
328 be no tuition charged to persons participating in the special institute leading to initial licensure and certification.
329 § 1251. Standards for admission.
330 Any individual seeking licensure and/or certification under this subchapter shall meet the following minimum
331 requirements:
332 (1) Must have received a bachelor’s degree, other than in Education, from a regionally accredited 4-year
333 program. The major field of study must be in a content area that has been designated as a critical needs area by the
334 Department of Education.
335 (2) Must have a grade point index in the major field of the bachelor’s degree which is 2/10 of a point higher
336 than the grade point index required for students entering regular teacher education programs at the teacher education
337 institution or institutions.
338 (3) [Repealed.]
339 (4) Must agree to teach at least 1 year in a Delaware public school for each year the individual receives
340 funding. Such service is to be completed within 5 years of the individual’s successful completion of the Special
341 Institute for Teacher Licensure and Certification Program. For failure to meet this requirement, the individual shall
342 agree to pay back a sum equivalent to the tuition which would have been paid for the coursework leading to licensure.
343 An individual can meet this requirement either by actually teaching in a Delaware public school for 1 year or by
344 providing a notarized statement that the individual has sought employment in at least 5 Delaware public school districts
345 but has not been able to secure a teaching position in any of those districts. The notarized statement must be
346 accompanied by evidence of unsuccessful applications for teaching positions in at least 5 Delaware public school
347 districts.
348 § 1252. Format of special institute program.
349 The general format for the special institute must include the following:
350 (1) For the individual seeking licensure and certification in a secondary content area that corresponds to the
351 major field of study in the bachelor’s program, it is intended that 1 summer of courses in the special institute; ½ year (1
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352 semester) of student teaching, or 1 year of supervised, full-time teaching experience in a Delaware public school; and
353 additional coursework as necessary constitute the program of study leading to the initial license and standard
354 certificate. An initial license conditioned on continued enrollment in the Special Institute and an emergency certificate
355 or a certificate of eligibility must be issued to the person employed to complete the 1 year of full-time teaching
356 experience in lieu of student teaching. Upon successful completion of the Special Institute for Teacher Licensure and
357 Certification Program, the individual must receive an initial license valid for a 3-year term, and a standard certificate.
358 (2) For individuals seeking licensure and certification in elementary or special education, it is intended that 2
359 summers of courses in the special institute (immediately before and after a student teaching experience or 1 year full-
360 time teaching experience); ½ year of student teaching or 1 year of supervised, full-time teaching experience in a
361 Delaware public school; and additional coursework as necessary constitute the program of study leading to the initial
362 license and standard certificate. An initial license conditioned on continued enrollment in the Special Institute and an
363 emergency certificate or a certificate of eligibility must be issued to the person employed to complete the 1 year of full-
364 time teaching experience in lieu of student teaching. Upon successful completion of the Special Institute for Teacher
365 Licensure and Certification Program, the individual must receive an initial license valid for a 4-year term and a
366 standard certificate.
367 Section 4. Amend § 1305, Title 14 of the Delaware Code by making deletions as shown by strike through and
368 insertions as shown by underline as follows:
369 § 1305. Basic salary schedule for teachers, specialists, nurses, principals, superintendents, and other school
370 administrative and supervisory employees [For application of this section, see 84 Del. Laws, c. 295, § 8(m)(6)].
371 (n) In addition to the base salary derived from subsections (a) and (b) of this section and any supplements provided
372 pursuant to subsections (l) and (m) of this section, an employee paid in accordance with this section is eligible to earn
373 additional salary supplements for accepting additional responsibility assignments that impact student achievement. The
374 Professional Standards Board has the authority to review and make recommendations regarding additional responsibility
375 supplements for administrators. The Professional Standards Board, with the approval of the State Board of Education, shall
376 designate through regulation the specific assignments that an employee may accept in order to receive a state-funded salary
377 supplement. The supplement must be in the form of an additional salary amount spread evenly across an employee’s
378 contract period similar to base salary or be paid as a single payment. The supplement must be no less than $750 and no
379 more than $1,500. $5,000. In addition to the state-specified assignments designated by the Professional Standards Board
380 and State Board pursuant to Chapter 12 of this title, a local school district, with the approval of the Standards Board and the
381 State Board, and through regulatory action of the local board, may designate specific academic assignments that an
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382 employee may accept in order to receive a state-funded salary supplement. An assignment designated pursuant to this
383 subsection must be academic in nature and may not include extracurricular activities or noninstructional supervisory
384 responsibilities. The provisions of this subsection become effective in fiscal year 2001, except that the Professional
385 Standards Board, subject to state board approval, may, pursuant to § 1203 of this title, authorize stipends for educator lead
386 mentors in fiscal year 2000. The state-funded salary supplements described in this subsection are subject to an annual
387 appropriation. The Department of Education shall provide for funding the supplement provisions of this subsection in its
388 annual budget.
389 (q) For purposes of the state educator mentoring program, a retired educator engaged in mentoring activities shall
390 be entitled to the same stipends as otherwise provided for nonretired educator mentors. Such retired educators shall be
391 considered a casual employee under § 5502(a)(3) of Title 29 for purposes of pensions.
392 Section 5. Amend § 1313, Title 14 of the Delaware Code by making deletions as shown by strike through and
393 insertions as shown by underline as follows:
394 § 1313. Employment requirements.
395 (a) A person may not be employed by a public school employer an employee or contractor within a public school
396 in any position requiring licensure and certification licensure and certification, or a permit if the person does not meet
397 licensure and certification licensure and certification, or permit requirements established under Chapter 12 of this title,
398 except pursuant to a license or permit extension and/or or emergency certificate issued pursuant to Chapter 12. A person’s
399 salary may not be reduced because that person is employed under a license or permit extension and/or or emergency
400 certificate.
401 (b) The Department of Education has the authority to require reimbursement of any funds disbursed to a district or
402 charter school used to pay an employee without licensure, certification, or a permit, who holds a position requiring
403 licensure, certification, or a permit, if the district or charter school intentionally retains the employee for more than 90
404 calendar days after the initial hire. The Department may only seek reimbursement for the period of time a school district or
405 charter school retains the employee after the 90 calendar-day grace period after the initial hire and may only do so not less
406 than 30 days after the Department has properly notified the employee and employer.
407 (c) The Department of Education has the authority to require reimbursement of any funds disbursed to a district or
408 charter school used to pay an employee that works in a school under an expired license, certification, or permit provided
409 that the Department has notified the employee and employer prior to the expiration of the license, certification, or permit.
410 The Department may not require reimbursement of funds if the Department is the cause of a delay in issuing a license,
411 certification, or permit.
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412 (d) In the event reimbursement is requested by the Department, the district or charter school may not require
413 reimbursement from the employee unless the employee has intentionally provided false information or has failed to provide
414 the Department with documentation necessary for a license, certificate, or permit.
415 (e) When school districts or charter schools utilize contractual options to provide services for which a license,
416 certificate, or permit is required, the vendor or contractor making the person available to be assigned to a school is
417 responsible for ensuring compliance with the provisions of this section. If a vendor or contractor knowingly assigns a
418 person who does not meet the requirements of this section to a school, district, or charter school, the Department may report
419 the vendor or contractor to the Department of Finance, Division of Revenue for revocation of the vendor’s or contractor’s
420 business license. School districts and charter schools are encouraged to include provisions containing the requirements of
421 this section in contracts for the provision of relevant school services.
422 (f) Whenever the Department sends notification to an employee regarding the deficiency of an application or the
423 issuance or expiration of a license, certificate, or a permit, the Department must also notify the employer. The employer
424 may appeal a Department decision to require reimbursement of funds. The appeal will be heard by the State Board of
425 Education whose decision will be final.
426 Section 6. Amend § 311, Title 31 of the Delaware Code by making deletions as shown by strike through and
427 insertions as shown by underline as follows:
428 § 311. Penalties regarding background checks for child-serving entities and personal information disclosure.
429 (c) Any person seeking employment with a child-serving entity or any person seeking a license or permit under
430 Chapter 12 of Title 14 who knowingly provides false, incomplete or inaccurate criminal history information, Child
431 Protection Registry information, or child sex abuser information or who otherwise knowingly violates § 309 of this title
432 shall be guilty of a class G felony and shall be punished according to Chapter 42 of Title 11. The Superior Court shall have
433 exclusive jurisdiction for any offense under this subsection.
434 Section 7. The Department of Education and Department of Human Resources (DHR-PHRST) shall work with
435 school districts to update the Department of Education Payroll Human Resources Statewide Technology code manual so
436 that the position codes align to titles of positions that are currently used by educators in Delaware, and outdated codes are
437 deleted. By the end of Fiscal Year 2026, the Department shall create guidance for a standardized assignment of position
438 codes of Local Education Agency and Department employees that align job titles with position codes. By the start of the
439 2026-2027 school year, all education employees must be assigned codes according to the new system and its guidance.
440 Section 8. Sections 1, 2, 3, 5, and 6 of this Act are effective immediately and are to be implemented the earlier of
441 the following:
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442 (1) 1 year from the date of the Act’s enactment.
443 (2) Notice by the Secretary of Education published in the Register of Regulations that final regulations to
444 implement this Act have been adopted.
445 Section 9. Sections 4 and 7 of this Act take effect immediately.
SYNOPSIS
This Act ensures that a public school employee may not work directly with students unsupervised without a valid
permit or license issued by the DOE’s Professional Standards Boards or an approved license issued under Title 24. To that
end, this Act creates a new permit requirement for any paraprofessional or student support and classroom position,
including specialist interns, year-long residents, full time substitute teachers, substitute teachers seeking certification,
student teachers, and classroom aides. The following employees are exempt from the permitting and licensing
requirements: non-instructional administrators; nutrition staff; custodial staff; transportation staff; clerical staff; charter
school heads exempt under § 507(c) of Title 14; and substitute teachers seriving for less than 12 consecutive weeks in a
school.
The same laws, procedures, penalties, and safeguards that apply to the issuance, suspension, and revocation of a
license under Chapter 12 of Title 14, will apply to a permit.
The DOE may require reimbursement of any funds disbursed to district or charter schools for an employee without
a license or permit, who holds a position requiring a license or permit. The DOE may also require reimbursement for an
employee that is working under an expired license or permit.
Finally, this Act increases the maximum supplement amount an employee may earn for accepting additional
responsibility assignments that impact student achievement. The supplement may be no more than $5,000, rather than
$1,500. It also directs the Department to update the Department of Education PHRST code manual so that the position
codes align to titles of positions that are currently used by educators, and outdated codes are deleted. The new system codes
must be in effect by the start of the 2026-2027 school year.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative
Drafting Manual.
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3491530021Every fact on this page links to its source, starting with the official bill record.