CHAPTER 12. EDUCATOR LICENSURE, CERTIFICATION, EVALUATION, AND PROFESSIONAL DEVELOPMENT
Subchapter II. Three-Tiered Licensure System
§ 1210. Tier One -- Initial licensure.
(a) An initial license is valid for 3 years unless revoked. The Department shall issue an initial license under this section
if an applicant demonstrates that the applicant has received a bachelor's degree from a regionally accredited 4-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 1 of the following alternatives to student teaching:
(1) One year of teaching experience consisting of a minimum of 91 days of long-term teaching experience in 1 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 this chapter 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 this chapter of this title.
(b) Notwithstanding the requirements of subsection (a) of this section, an initial license may be issued to an applicant who
meets all other requirements for initial licensure except for passage of the PRAXIS I exam, provided that the applicant must
pass PRAXIS I within the period of time from the date of hire to the end of the next, consecutive fiscal year. If proof of
passage of PRAXIS I has not been provided during the time period specified, the initial license will be suspended unless the
superintendent of the school district submits to the Secretary of Education a written request for a 1-year extension. The
request must also document the effectiveness of the applicant. Any applicant who is within 2 points of the passing score on
the reading, writing, or mathematics section of PRAXIS I may use a composite score to meet the requirements of passage. An
applicant teaching the secondary content area of Math or English/Language Arts must meet the passing score in that content
area.
(c) If a licensee intends to apply for a continuing license, the licensee shall, prior to the expiration of that licensee's
initial license, complete professional development and mentoring activities as may be required by rules and regulations promulgated
and adopted pursuant to this chapter.
(d) Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may issue an initial
license to an applicant with less than 3 years of teaching experience who is licensed as an educator in another jurisdiction
or to an applicant who previously held a valid Delaware certificate that has since expired.
(e) An initial license may not be renewed. It may, however, be extended pursuant to § 1216 of this title.
(f) Notwithstanding the provisions of subsections (a) and (c) through (e) of this section, an initial license may be issued
for a period of up to 6 years for applicants in a vocational trade and industry area to complete specified college level course
work required for certification. Such applicants must achieve a passing score on an examination of general knowledge such
as Praxis I prior to the expiration of initial licensure.
(g) Notwithstanding the provisions of subsections (a), (b) and (d) of this section, 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.
72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 20, § 1; 73 Del. Laws, c. 84, § 2; 74 Del. Laws, c. 14, §§ 1-3; 75 Del. Laws, c. 77, §§ 4, 5.;
§ 1211. Tier Two -- Continuing licensure.
(a) A continuing license is valid for 5 years unless extended pursuant to § 1216 of this title or revoked.
(b) Upon application, the Department shall issue a continuing license to an educator holding an initial license if the educator
has successfully completed the requirements of § 1210 of this title and has not received more than 1 unsatisfactory annual
evaluation, as defined by the State-approved educator performance system, during the period of initial licensure.
(c) Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may issue a continuing
license to an applicant licensed as an educator in another jurisdiction or to an applicant who previously held a valid Delaware
certificate that has since expired. The applicant must have completed 3 or more years of successful teaching experience.
72 Del. Laws, c. 294, § 2; 74 Del. Laws, c. 14, § 4; 75 Del. Laws, c. 77, § 6.;
§ 1212. Continuing licensure -- Renewal.
Upon application, the Department shall renew a continuing license for an additional 5-year term if the educator has completed
90 clock-hours of approved professional development, as well as other professional development and/or mentoring requirements
as may be required by the rules and regulations promulgated and adopted pursuant to this chapter. For the purpose of this
section, "clock-hour" means actual time spent in professional development, not credit hours. The Standards Board shall review
the professional development requirements of this section on an ongoing basis for the purpose of proposing regulations that
modify the minimum requirements of this section and that improve the effectiveness of professional development. Notwithstanding
any provisions of this section to the contrary, the Standards Board may not modify the minimum clock-hour requirement of this
section until January 1, 2003. The professional development required by this chapter for license renewal may be waived if
the educator has successfully completed the professional development requirements pursuant to an approved local school district
professional development pilot plan. The Secretary, after consultation with the Professional Standards Board, may approve
one pilot local school district's professional development plan, submitted within twelve months of enactment of this Bill,
if the pilot plan was developed and agreed upon by the district, ratified by the organization representing the district's
teachers for collective bargaining purposes, and the pilot plan is at least as rigorous as the professional development requirements
under this chapter. A pilot local professional development plan approved under this section shall be considered a 3-year pilot
professional development plan. After 3 years, the local school district may seek to have the pilot professional development
plan continued pursuant to § 1203 of this Chapter.
72 Del. Laws, c. 294, § 2; 72 Del. Laws, c. 295, § 1.;
§ 1213. Tier Three -- Advanced licensure.
An advanced license is valid for up to 10 years unless extended pursuant to § 1216 of this title or revoked. Upon application,
the Department shall issue an advanced license to an educator who receives National Board for Professional Teaching Standards
certification. 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. The Department may also issue an advanced license to an educator who, upon
application, demonstrates proficiency under an equivalent program that has been approved in rules and regulations promulgated
and adopted under this chapter.
72 Del. Laws, c. 294, § 2; 75 Del. Laws, c. 77, §§ 7, 8.;
§ 1214. Advanced licensure -- Renewal.
Upon application, the Department shall renew an advanced license for an additional 10-year term, provided that the educator
maintained proficiency under the program for which the advanced license was first issued.
72 Del. Laws, c. 294, § 2.;
§ 1215. Licensure of educators holding professional status certificates or other certificates.
The Department shall issue a continuing license to a person 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. Upon application, the Department shall issue an advanced license to a person holding current National Board
for Professional Teaching Standards certification and a current Delaware certificate as of May 3, 2000.
72 Del. Laws, c. 294, § 2; 74 Del. Laws, c. 14, § 5.;
§ 1216. License extension; license freeze.
(a) Upon a showing by an educator of exigent circumstances, the Department may, through rules and regulations promulgated
and adopted pursuant to this chapter, issue a license extension for a period not to exceed 1 year.
(b) An educator may take an extended leave of absence for up to 3 years with no effect upon the validity or expiration of
the educator's initial, continuing or advanced license.
(c) If an applicant is not employed by a public school district or charter school, the initial license shall be inactive until
such time as the applicant is employed by a public school district or charter school. Once employed, the initial license shall
be in effect for 3 years and all rules and regulations promulgated and adopted under this chapter shall apply.
(d) The expiration of an educator's license before the end of the school year shall be considered an exigent circumstance
under subsection (a) of this section 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.
72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 14, § 6; 75 Del. Laws, c. 77, § 9.;
§ 1217. Denial of licenses.
(a) Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may deny an applicant's
application for a license for failure to meet the qualifications for a license. The Department may further deny a license
to an applicant who otherwise meets the requirements of this subchapter for any of the causes enumerated in § 1218(a) and
(b) of this title.
(b) The Department shall not take action to deny a license under this section without providing the applicant with written
notice of the reasons for denial and with an opportunity for a full and fair hearing before the Standards Board.
(c) In any hearing before the Standards Board to challenge action taken under this section, the Standards Board shall have
the power to administer oaths, order the taking of depositions, issue subpoenas, and compel attendance of witnesses and the
production of books, accounts, papers, records, documents, and testimony.
(d) The burden of proof in a license denial action is on the applicant to show by a preponderance of the evidence that the
applicant should not be denied a license because that applicant meets the qualifications for licensure pursuant to the applicable
laws and regulations.
72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 268, § 1.;
§ 1218. Limitation, suspension and revocation of licenses.
(a) The Secretary may suspend, revoke, or limit a license that has been issued to any person pursuant to this chapter, for
the following causes:
(1) Obtaining or attempting to obtain a license or certificate by fraudulent means or through misrepresentation of material
facts;
(2) Falsifying official school records, documents, statistics, or reports;
(3) Knowingly violating any of the provisions of the student testing program set forth in § 172 of this title;
(4) Pleading guilty or nolo contendere with respect to, or is convicted of, any crime against a child constituting a misdemeanor,
except for unlawful sexual contact in the third degree [§ 767 of Title 11];
(5) Pleading guilty or nolo contendere with respect to, or is convicted of, possession of a controlled substance or a counterfeit
controlled substance classified as such in Schedule I, II, III, IV or V of Chapter 47 of Title 16;
(6) Being terminated or dismissed for immorality, incompetence, misconduct in office, wilful neglect of duty, disloyalty,
or misconduct involving any cause for suspension or revocation of a license provided for in this section;
(7) Resigning or retiring pending dismissal for immorality, provided that clear and convincing evidence establishes the underlying
misconduct occurred; or
(8) Having had a license or certificate suspended, revoked, or voluntarily surrendered in another jurisdiction for cause which
would be grounds for suspension or revocation under this section.
(b) Notwithstanding the provisions of subsection (a) of this section, the Secretary shall revoke a license if the license
holder:
(1) Pleads guilty or nolo contendere with respect to, or is convicted of:
a. Any crime constituting the manufacture, delivery, possession with intent to manufacture or deliver a controlled substance
or a counterfeit controlled substance classified as such in Schedule I, II, III, IV or V of Chapter 47 of Title 16;
b. Any crime constituting a violent felony as defined in § 4201(c) of Title 11;
c. Any crime against a child constituting a felony, or unlawful sexual contact in the third degree [§ 767 of Title 11];
d. Any crime constituting a felony sexual offense; or
e. Any crime constituting a felony offense against public administration involving bribery, improper influence or abuse of
office; or
(2) Is terminated or dismissed for a sexual offense against a child; or
(3) Resigns or retires after official notice of allegations of a sexual offense against a child, provided that clear and convincing
evidence establishes the underlying misconduct occurred.
(c) The Secretary may automatically suspend any license without a prior hearing if the license holder is arrested or indicted
by a grand jury for a violent felony as defined in § 4201(c) of Title 11. A suspension under this subsection is effective
on the date of the arrest or grand jury indictment.
(1) For a suspension under this subsection, the Secretary shall issue a written temporary order of suspension to the license
holder at that license holder's last known address.
(2) The chief school officer or head of school, on behalf of the local board of education or charter school board of directors,
shall report to the Secretary the name and last known address of any license holder employed by the district or charter school
who it knows to have been arrested or indicted by a grand jury for a violent felony as defined in § 4201(c) of Title 11.
(3) A license holder whose license has been suspended pursuant to this subsection may request an expedited hearing before
the Standards Board within 20 calendar days from the date the notice of the Secretary's decision to temporarily suspend the
license holder's license was mailed. In the event that the license holder requests an expedited hearing in a timely manner,
the Standards Board shall convene a hearing within 90 days of the receipt of such a request.
(4) If the license holder pleads guilty or nolo contendere with respect to, or is convicted of, a violent felony as defined
in § 4201(c) of Title 11, the Secretary shall proceed with revocation under subsection (b) of this section.
(5) If the license holder is found not guilty of the underlying criminal charges, a nollo prosequi is entered on the record
by the State, or the charges are otherwise dismissed by the court, the license holder may file a written request for license
reinstatement, including documentation of the final status of the judicial proceeding, and their license shall be reinstated
If the license expired during the period of suspension, the holder of the former license may reapply for the same tier license
that was suspended, but shall meet the license requirements that are in effect at the time of the application for license.
(6) An order of suspension under this subsection shall remain in effect until the final order of the Secretary or the Standards
Board becomes effective.
(d) The Secretary may take an action under subsection (a), (b), or (c) of this section on the basis of substantially comparable
conduct occurring in a jurisdiction outside this state or occurring before a person applies for or receives any license.
(e) Any license holder who has pled guilty or nolo contendere to, or has been convicted of, a crime in a court of law which
would constitute grounds for revocation, suspension or limitation of license 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 § 4201(c) of Title 11, shall notify the Secretary
of such action in writing within 20 days of such conviction, arrest or indictment, whether or not a sentence has been imposed.
Failure to do so shall be grounds on which the Secretary may limit, suspend, or revoke the holder's license.
(f) Any license holder who has surrendered an educator license or any professional license or certificate or who has had such
a license or certificate revoked, suspended, or limited in any jurisdiction or by any agency shall notify the Secretary of
such action in writing within 30 days of such action. Failure to do so shall be grounds on which the Secretary may limit,
suspend or revoke the holder's license.
(g) The chief school officer or head of school, on behalf of the local board of education or charter school board of directors,
shall report to the Secretary the name and last known address of any license holder who is dismissed, resigns, retires or
is otherwise separated from employment with that district or charter school after having received notice of misconduct that
constitutes grounds for revocation or suspension under subsection (a), (b), or (c) of this section. Such report shall be made
within 15 days of the dismissal, resignation, retirement or other separation from employment and is required notwithstanding
any termination agreement to the contrary that the local board of education or charter school board of directors may enter
into with the license holder. The reasons for the license holder's dismissal, resignation, retirement or other separation
from employment with the district or charter school shall also be provided along with all evidence that was reviewed by or
is in the possession of the district or charter school relating to the dismissal, resignation, retirement, or other separation
from employment. The Department shall give written notice to any license holder of any notification received under this subsection
to the license holder's last known address. Such notification shall be made within 15 days of receipt of the district or charter
school's report to the Department of misconduct under this subsection. The obligation to report also applies when a chief
school officer or head of school acquires relevant information after a license holder's dismissal, resignation, retirement,
or other separation from employment. Failure to make such reports shall be grounds on which the Secretary may limit, suspend,
or revoke the chief school officer's or head of school's license. All information obtained from the chief school officer or
head of school shall be confidential and shall not considered public records under Delaware's Freedom of Information Act [Chapter
100 of Title 29].
(h) The Secretary may investigate any information received about a person that reasonably appears to be the basis for action
under subsections (a) through (c) of this section. The Secretary shall not investigate anonymous complaints. The Department
shall give written notice within a reasonable period of time to a license holder of any investigation initiated hereunder
to the license holder's last known address. All information obtained during an investigation is confidential and shall not
be considered public records under Delaware's Freedom of Information Act [Chapter 100 of Title 29]. The Secretary shall review
the results of each investigation and shall determine whether the results warrant initiating action under subsection (a),
(b), or (c) of this section.
(i) Whenever the basis of for action under subsection (a) or (b) of this section is a guilty plea, nolo contendere with respect
to, or a conviction of a crime, a copy of the record of the plea, nolo contendere or conviction certified by the clerk of
the court entering the plea, nolo contendere or conviction shall be conclusive evidence thereof.
(j) The Secretary may enter a consent agreement with a person against whom action is being taken under subsection (a), (b),
or (c) of this section.
(k) The Secretary shall not take action against a person under subsection (a) or (b) of this section without providing the
person with written notice of the charges and with an opportunity for a full and fair hearing before the Standards Board.
Notice shall be sent to the person's last known address. The license holder shall have 30 calendar days from the date the
notice of the charges was mailed to make a written request for a hearing. Unless otherwise provided for in this section, the
burden of proof in a license disciplinary action shall be on the agency taking official action to establish by preponderance
of the evidence that the license holder has engaged in misconduct as defined by subsections (a) and (b) of this section or
otherwise has failed to comply with the applicable laws and regulations relating to the retention of the license. If no written
request for a hearing is received by the Standards Board, the license holder's license shall be deemed to be revoked, suspended,
or limited and the holder shall be so notified.
(l) A license may be suspended for a period of time not to exceed 5 years. The license may be reinstated by the Secretary,
upon written request, with verification that all requirements for license renewal have been satisfied. If the license expired
during the period of suspension, the holder of the former license may reapply for the same tier license that was suspended
but shall meet the license requirements that are in effect at the time of the application for the license.
(m) If any of the causes listed in subsection (a) or (b) of this section are determined, the Secretary or the Standards Board
after a hearing, may put limitations on a license that may include but is not limited to:
(1) Restrictions on the ages of students with whom the license holder may work;
(2) Additional supervision requirements; or
(3) Education, counseling, or psychiatric examination requirements.
(n) If a decision of license limitation, suspension or revocation is based on paragraph (a)(4), (a)(5), or (b)(1) of this
section, and if the plea or conviction is overturned and there is no subsequent proceeding leading to a plea or conviction,
the individual whose license is limited, suspended or revoked may file a written request for reinstatement, including documentation
of the final status of the judicial proceeding, and the license shall be reinstated.
(o) An individual whose license has been revoked under subsection (a) of this section may petition the Secretary for reinstatement
of the license not sooner than 5 years from the date of revocation. The individual shall submit to the Secretary a written
petition showing credible evidence, by affidavit or otherwise, of the factors set forth in paragraph (1) of this subsection.
(1) The Secretary shall consider all of the following criteria in evaluating a petition for reinstatement and shall only grant
such a petition if it is in the best interest of the public schools of the State:
a. The nature and circumstances of the individual's original misconduct;
b. The individual's subsequent conduct and rehabilitation;
c. The individual's present character; and
d. The individual's present qualifications and competence to engage in the practice of instruction, administration or other
related professional support services.
(2) A former license holder is entitled to a full and fair hearing before the Standards Board to challenge a denial of reinstatement
pursuant to this subsection.
(3) A license revoked under subsection (b) of this section or suspended under subsection (c) of this section may not be reinstated
under this subsection. A license revoked under paragraph (b)(1) of this section may only be reinstated pursuant to subsection
(n) of this section and a license suspended under subsection (c) of this section may only be reinstated pursuant to paragraph
(c)(5) of this section or after a hearing before the Standards Board.
(p) In any hearing before the Standards Board to challenge action taken under this section, the Standards Board shall have
the power to administer oaths, order the taking of depositions, issue subpoenas, and compel attendance of witnesses and the
production of books, accounts, papers, records, documents, and testimony.
(q) Notice of the limitation, revocation, suspension or reinstatement of a license shall be made by the Secretary, or the
Secretary's designee, to all chief state school officers of the other states and territories of the United States.
(r) All communications between a license holder and the Department or Standards Board provided for in this section shall be
by certified mail, with a return receipt requested.
(s) For purposes of this section only, the term "license" shall include a Standard or Professional Status Certificate issued
by the Department prior to August 31, 2003, an initial license issued pursuant to § 1210 of this title, a continuing license
issued pursuant to § 1211 of this title, or an advanced license issued pursuant to § 1213 of this title.
72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 77, § 10; 76 Del. Laws, c. 268, § 2.;
§ 1219. Disclosure.
Pursuant to the rules and regulations promulgated and adopted under this chapter, the Department shall require each applicant
for a license under this chapter to disclose that applicant's own criminal conviction history. Failure to disclose a criminal
conviction history pursuant to this section is grounds for denial of a license under § 1217 of this title, revocation of a
license under § 1218 of this title, and/or criminal prosecution under subchapter VI (Criminal Background Check for Public
School Related Employment) of Chapter 85 of Title 11.
72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1.;
CHAPTER 12. EDUCATOR LICENSURE, CERTIFICATION, EVALUATION, AND PROFESSIONAL DEVELOPMENT
Subchapter II. Three-Tiered Licensure System
§ 1210. Tier One -- Initial licensure.
(a) An initial license is valid for 3 years unless revoked. The Department shall issue an initial license under this section
if an applicant demonstrates that the applicant has received a bachelor's degree from a regionally accredited 4-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 1 of the following alternatives to student teaching:
(1) One year of teaching experience consisting of a minimum of 91 days of long-term teaching experience in 1 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 this chapter 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 this chapter of this title.
(b) Notwithstanding the requirements of subsection (a) of this section, an initial license may be issued to an applicant who
meets all other requirements for initial licensure except for passage of the PRAXIS I exam, provided that the applicant must
pass PRAXIS I within the period of time from the date of hire to the end of the next, consecutive fiscal year. If proof of
passage of PRAXIS I has not been provided during the time period specified, the initial license will be suspended unless the
superintendent of the school district submits to the Secretary of Education a written request for a 1-year extension. The
request must also document the effectiveness of the applicant. Any applicant who is within 2 points of the passing score on
the reading, writing, or mathematics section of PRAXIS I may use a composite score to meet the requirements of passage. An
applicant teaching the secondary content area of Math or English/Language Arts must meet the passing score in that content
area.
(c) If a licensee intends to apply for a continuing license, the licensee shall, prior to the expiration of that licensee's
initial license, complete professional development and mentoring activities as may be required by rules and regulations promulgated
and adopted pursuant to this chapter.
(d) Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may issue an initial
license to an applicant with less than 3 years of teaching experience who is licensed as an educator in another jurisdiction
or to an applicant who previously held a valid Delaware certificate that has since expired.
(e) An initial license may not be renewed. It may, however, be extended pursuant to § 1216 of this title.
(f) Notwithstanding the provisions of subsections (a) and (c) through (e) of this section, an initial license may be issued
for a period of up to 6 years for applicants in a vocational trade and industry area to complete specified college level course
work required for certification. Such applicants must achieve a passing score on an examination of general knowledge such
as Praxis I prior to the expiration of initial licensure.
(g) Notwithstanding the provisions of subsections (a), (b) and (d) of this section, 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.
72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 20, § 1; 73 Del. Laws, c. 84, § 2; 74 Del. Laws, c. 14, §§ 1-3; 75 Del. Laws, c. 77, §§ 4, 5.;
§ 1211. Tier Two -- Continuing licensure.
(a) A continuing license is valid for 5 years unless extended pursuant to § 1216 of this title or revoked.
(b) Upon application, the Department shall issue a continuing license to an educator holding an initial license if the educator
has successfully completed the requirements of § 1210 of this title and has not received more than 1 unsatisfactory annual
evaluation, as defined by the State-approved educator performance system, during the period of initial licensure.
(c) Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may issue a continuing
license to an applicant licensed as an educator in another jurisdiction or to an applicant who previously held a valid Delaware
certificate that has since expired. The applicant must have completed 3 or more years of successful teaching experience.
72 Del. Laws, c. 294, § 2; 74 Del. Laws, c. 14, § 4; 75 Del. Laws, c. 77, § 6.;
§ 1212. Continuing licensure -- Renewal.
Upon application, the Department shall renew a continuing license for an additional 5-year term if the educator has completed
90 clock-hours of approved professional development, as well as other professional development and/or mentoring requirements
as may be required by the rules and regulations promulgated and adopted pursuant to this chapter. For the purpose of this
section, "clock-hour" means actual time spent in professional development, not credit hours. The Standards Board shall review
the professional development requirements of this section on an ongoing basis for the purpose of proposing regulations that
modify the minimum requirements of this section and that improve the effectiveness of professional development. Notwithstanding
any provisions of this section to the contrary, the Standards Board may not modify the minimum clock-hour requirement of this
section until January 1, 2003. The professional development required by this chapter for license renewal may be waived if
the educator has successfully completed the professional development requirements pursuant to an approved local school district
professional development pilot plan. The Secretary, after consultation with the Professional Standards Board, may approve
one pilot local school district's professional development plan, submitted within twelve months of enactment of this Bill,
if the pilot plan was developed and agreed upon by the district, ratified by the organization representing the district's
teachers for collective bargaining purposes, and the pilot plan is at least as rigorous as the professional development requirements
under this chapter. A pilot local professional development plan approved under this section shall be considered a 3-year pilot
professional development plan. After 3 years, the local school district may seek to have the pilot professional development
plan continued pursuant to § 1203 of this Chapter.
72 Del. Laws, c. 294, § 2; 72 Del. Laws, c. 295, § 1.;
§ 1213. Tier Three -- Advanced licensure.
An advanced license is valid for up to 10 years unless extended pursuant to § 1216 of this title or revoked. Upon application,
the Department shall issue an advanced license to an educator who receives National Board for Professional Teaching Standards
certification. 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. The Department may also issue an advanced license to an educator who, upon
application, demonstrates proficiency under an equivalent program that has been approved in rules and regulations promulgated
and adopted under this chapter.
72 Del. Laws, c. 294, § 2; 75 Del. Laws, c. 77, §§ 7, 8.;
§ 1214. Advanced licensure -- Renewal.
Upon application, the Department shall renew an advanced license for an additional 10-year term, provided that the educator
maintained proficiency under the program for which the advanced license was first issued.
72 Del. Laws, c. 294, § 2.;
§ 1215. Licensure of educators holding professional status certificates or other certificates.
The Department shall issue a continuing license to a person 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. Upon application, the Department shall issue an advanced license to a person holding current National Board
for Professional Teaching Standards certification and a current Delaware certificate as of May 3, 2000.
72 Del. Laws, c. 294, § 2; 74 Del. Laws, c. 14, § 5.;
§ 1216. License extension; license freeze.
(a) Upon a showing by an educator of exigent circumstances, the Department may, through rules and regulations promulgated
and adopted pursuant to this chapter, issue a license extension for a period not to exceed 1 year.
(b) An educator may take an extended leave of absence for up to 3 years with no effect upon the validity or expiration of
the educator's initial, continuing or advanced license.
(c) If an applicant is not employed by a public school district or charter school, the initial license shall be inactive until
such time as the applicant is employed by a public school district or charter school. Once employed, the initial license shall
be in effect for 3 years and all rules and regulations promulgated and adopted under this chapter shall apply.
(d) The expiration of an educator's license before the end of the school year shall be considered an exigent circumstance
under subsection (a) of this section 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.
72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 14, § 6; 75 Del. Laws, c. 77, § 9.;
§ 1217. Denial of licenses.
(a) Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may deny an applicant's
application for a license for failure to meet the qualifications for a license. The Department may further deny a license
to an applicant who otherwise meets the requirements of this subchapter for any of the causes enumerated in § 1218(a) and
(b) of this title.
(b) The Department shall not take action to deny a license under this section without providing the applicant with written
notice of the reasons for denial and with an opportunity for a full and fair hearing before the Standards Board.
(c) In any hearing before the Standards Board to challenge action taken under this section, the Standards Board shall have
the power to administer oaths, order the taking of depositions, issue subpoenas, and compel attendance of witnesses and the
production of books, accounts, papers, records, documents, and testimony.
(d) The burden of proof in a license denial action is on the applicant to show by a preponderance of the evidence that the
applicant should not be denied a license because that applicant meets the qualifications for licensure pursuant to the applicable
laws and regulations.
72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 268, § 1.;
§ 1218. Limitation, suspension and revocation of licenses.
(a) The Secretary may suspend, revoke, or limit a license that has been issued to any person pursuant to this chapter, for
the following causes:
(1) Obtaining or attempting to obtain a license or certificate by fraudulent means or through misrepresentation of material
facts;
(2) Falsifying official school records, documents, statistics, or reports;
(3) Knowingly violating any of the provisions of the student testing program set forth in § 172 of this title;
(4) Pleading guilty or nolo contendere with respect to, or is convicted of, any crime against a child constituting a misdemeanor,
except for unlawful sexual contact in the third degree [§ 767 of Title 11];
(5) Pleading guilty or nolo contendere with respect to, or is convicted of, possession of a controlled substance or a counterfeit
controlled substance classified as such in Schedule I, II, III, IV or V of Chapter 47 of Title 16;
(6) Being terminated or dismissed for immorality, incompetence, misconduct in office, wilful neglect of duty, disloyalty,
or misconduct involving any cause for suspension or revocation of a license provided for in this section;
(7) Resigning or retiring pending dismissal for immorality, provided that clear and convincing evidence establishes the underlying
misconduct occurred; or
(8) Having had a license or certificate suspended, revoked, or voluntarily surrendered in another jurisdiction for cause which
would be grounds for suspension or revocation under this section.
(b) Notwithstanding the provisions of subsection (a) of this section, the Secretary shall revoke a license if the license
holder:
(1) Pleads guilty or nolo contendere with respect to, or is convicted of:
a. Any crime constituting the manufacture, delivery, possession with intent to manufacture or deliver a controlled substance
or a counterfeit controlled substance classified as such in Schedule I, II, III, IV or V of Chapter 47 of Title 16;
b. Any crime constituting a violent felony as defined in § 4201(c) of Title 11;
c. Any crime against a child constituting a felony, or unlawful sexual contact in the third degree [§ 767 of Title 11];
d. Any crime constituting a felony sexual offense; or
e. Any crime constituting a felony offense against public administration involving bribery, improper influence or abuse of
office; or
(2) Is terminated or dismissed for a sexual offense against a child; or
(3) Resigns or retires after official notice of allegations of a sexual offense against a child, provided that clear and convincing
evidence establishes the underlying misconduct occurred.
(c) The Secretary may automatically suspend any license without a prior hearing if the license holder is arrested or indicted
by a grand jury for a violent felony as defined in § 4201(c) of Title 11. A suspension under this subsection is effective
on the date of the arrest or grand jury indictment.
(1) For a suspension under this subsection, the Secretary shall issue a written temporary order of suspension to the license
holder at that license holder's last known address.
(2) The chief school officer or head of school, on behalf of the local board of education or charter school board of directors,
shall report to the Secretary the name and last known address of any license holder employed by the district or charter school
who it knows to have been arrested or indicted by a grand jury for a violent felony as defined in § 4201(c) of Title 11.
(3) A license holder whose license has been suspended pursuant to this subsection may request an expedited hearing before
the Standards Board within 20 calendar days from the date the notice of the Secretary's decision to temporarily suspend the
license holder's license was mailed. In the event that the license holder requests an expedited hearing in a timely manner,
the Standards Board shall convene a hearing within 90 days of the receipt of such a request.
(4) If the license holder pleads guilty or nolo contendere with respect to, or is convicted of, a violent felony as defined
in § 4201(c) of Title 11, the Secretary shall proceed with revocation under subsection (b) of this section.
(5) If the license holder is found not guilty of the underlying criminal charges, a nollo prosequi is entered on the record
by the State, or the charges are otherwise dismissed by the court, the license holder may file a written request for license
reinstatement, including documentation of the final status of the judicial proceeding, and their license shall be reinstated
If the license expired during the period of suspension, the holder of the former license may reapply for the same tier license
that was suspended, but shall meet the license requirements that are in effect at the time of the application for license.
(6) An order of suspension under this subsection shall remain in effect until the final order of the Secretary or the Standards
Board becomes effective.
(d) The Secretary may take an action under subsection (a), (b), or (c) of this section on the basis of substantially comparable
conduct occurring in a jurisdiction outside this state or occurring before a person applies for or receives any license.
(e) Any license holder who has pled guilty or nolo contendere to, or has been convicted of, a crime in a court of law which
would constitute grounds for revocation, suspension or limitation of license 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 § 4201(c) of Title 11, shall notify the Secretary
of such action in writing within 20 days of such conviction, arrest or indictment, whether or not a sentence has been imposed.
Failure to do so shall be grounds on which the Secretary may limit, suspend, or revoke the holder's license.
(f) Any license holder who has surrendered an educator license or any professional license or certificate or who has had such
a license or certificate revoked, suspended, or limited in any jurisdiction or by any agency shall notify the Secretary of
such action in writing within 30 days of such action. Failure to do so shall be grounds on which the Secretary may limit,
suspend or revoke the holder's license.
(g) The chief school officer or head of school, on behalf of the local board of education or charter school board of directors,
shall report to the Secretary the name and last known address of any license holder who is dismissed, resigns, retires or
is otherwise separated from employment with that district or charter school after having received notice of misconduct that
constitutes grounds for revocation or suspension under subsection (a), (b), or (c) of this section. Such report shall be made
within 15 days of the dismissal, resignation, retirement or other separation from employment and is required notwithstanding
any termination agreement to the contrary that the local board of education or charter school board of directors may enter
into with the license holder. The reasons for the license holder's dismissal, resignation, retirement or other separation
from employment with the district or charter school shall also be provided along with all evidence that was reviewed by or
is in the possession of the district or charter school relating to the dismissal, resignation, retirement, or other separation
from employment. The Department shall give written notice to any license holder of any notification received under this subsection
to the license holder's last known address. Such notification shall be made within 15 days of receipt of the district or charter
school's report to the Department of misconduct under this subsection. The obligation to report also applies when a chief
school officer or head of school acquires relevant information after a license holder's dismissal, resignation, retirement,
or other separation from employment. Failure to make such reports shall be grounds on which the Secretary may limit, suspend,
or revoke the chief school officer's or head of school's license. All information obtained from the chief school officer or
head of school shall be confidential and shall not considered public records under Delaware's Freedom of Information Act [Chapter
100 of Title 29].
(h) The Secretary may investigate any information received about a person that reasonably appears to be the basis for action
under subsections (a) through (c) of this section. The Secretary shall not investigate anonymous complaints. The Department
shall give written notice within a reasonable period of time to a license holder of any investigation initiated hereunder
to the license holder's last known address. All information obtained during an investigation is confidential and shall not
be considered public records under Delaware's Freedom of Information Act [Chapter 100 of Title 29]. The Secretary shall review
the results of each investigation and shall determine whether the results warrant initiating action under subsection (a),
(b), or (c) of this section.
(i) Whenever the basis of for action under subsection (a) or (b) of this section is a guilty plea, nolo contendere with respect
to, or a conviction of a crime, a copy of the record of the plea, nolo contendere or conviction certified by the clerk of
the court entering the plea, nolo contendere or conviction shall be conclusive evidence thereof.
(j) The Secretary may enter a consent agreement with a person against whom action is being taken under subsection (a), (b),
or (c) of this section.
(k) The Secretary shall not take action against a person under subsection (a) or (b) of this section without providing the
person with written notice of the charges and with an opportunity for a full and fair hearing before the Standards Board.
Notice shall be sent to the person's last known address. The license holder shall have 30 calendar days from the date the
notice of the charges was mailed to make a written request for a hearing. Unless otherwise provided for in this section, the
burden of proof in a license disciplinary action shall be on the agency taking official action to establish by preponderance
of the evidence that the license holder has engaged in misconduct as defined by subsections (a) and (b) of this section or
otherwise has failed to comply with the applicable laws and regulations relating to the retention of the license. If no written
request for a hearing is received by the Standards Board, the license holder's license shall be deemed to be revoked, suspended,
or limited and the holder shall be so notified.
(l) A license may be suspended for a period of time not to exceed 5 years. The license may be reinstated by the Secretary,
upon written request, with verification that all requirements for license renewal have been satisfied. If the license expired
during the period of suspension, the holder of the former license may reapply for the same tier license that was suspended
but shall meet the license requirements that are in effect at the time of the application for the license.
(m) If any of the causes listed in subsection (a) or (b) of this section are determined, the Secretary or the Standards Board
after a hearing, may put limitations on a license that may include but is not limited to:
(1) Restrictions on the ages of students with whom the license holder may work;
(2) Additional supervision requirements; or
(3) Education, counseling, or psychiatric examination requirements.
(n) If a decision of license limitation, suspension or revocation is based on paragraph (a)(4), (a)(5), or (b)(1) of this
section, and if the plea or conviction is overturned and there is no subsequent proceeding leading to a plea or conviction,
the individual whose license is limited, suspended or revoked may file a written request for reinstatement, including documentation
of the final status of the judicial proceeding, and the license shall be reinstated.
(o) An individual whose license has been revoked under subsection (a) of this section may petition the Secretary for reinstatement
of the license not sooner than 5 years from the date of revocation. The individual shall submit to the Secretary a written
petition showing credible evidence, by affidavit or otherwise, of the factors set forth in paragraph (1) of this subsection.
(1) The Secretary shall consider all of the following criteria in evaluating a petition for reinstatement and shall only grant
such a petition if it is in the best interest of the public schools of the State:
a. The nature and circumstances of the individual's original misconduct;
b. The individual's subsequent conduct and rehabilitation;
c. The individual's present character; and
d. The individual's present qualifications and competence to engage in the practice of instruction, administration or other
related professional support services.
(2) A former license holder is entitled to a full and fair hearing before the Standards Board to challenge a denial of reinstatement
pursuant to this subsection.
(3) A license revoked under subsection (b) of this section or suspended under subsection (c) of this section may not be reinstated
under this subsection. A license revoked under paragraph (b)(1) of this section may only be reinstated pursuant to subsection
(n) of this section and a license suspended under subsection (c) of this section may only be reinstated pursuant to paragraph
(c)(5) of this section or after a hearing before the Standards Board.
(p) In any hearing before the Standards Board to challenge action taken under this section, the Standards Board shall have
the power to administer oaths, order the taking of depositions, issue subpoenas, and compel attendance of witnesses and the
production of books, accounts, papers, records, documents, and testimony.
(q) Notice of the limitation, revocation, suspension or reinstatement of a license shall be made by the Secretary, or the
Secretary's designee, to all chief state school officers of the other states and territories of the United States.
(r) All communications between a license holder and the Department or Standards Board provided for in this section shall be
by certified mail, with a return receipt requested.
(s) For purposes of this section only, the term "license" shall include a Standard or Professional Status Certificate issued
by the Department prior to August 31, 2003, an initial license issued pursuant to § 1210 of this title, a continuing license
issued pursuant to § 1211 of this title, or an advanced license issued pursuant to § 1213 of this title.
72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 77, § 10; 76 Del. Laws, c. 268, § 2.;
§ 1219. Disclosure.
Pursuant to the rules and regulations promulgated and adopted under this chapter, the Department shall require each applicant
for a license under this chapter to disclose that applicant's own criminal conviction history. Failure to disclose a criminal
conviction history pursuant to this section is grounds for denial of a license under § 1217 of this title, revocation of a
license under § 1218 of this title, and/or criminal prosecution under subchapter VI (Criminal Background Check for Public
School Related Employment) of Chapter 85 of Title 11.
72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1.;
CHAPTER 12. EDUCATOR LICENSURE, CERTIFICATION, EVALUATION, AND PROFESSIONAL DEVELOPMENT
Subchapter II. Three-Tiered Licensure System
§ 1210. Tier One -- Initial licensure.
(a) An initial license is valid for 3 years unless revoked. The Department shall issue an initial license under this section
if an applicant demonstrates that the applicant has received a bachelor's degree from a regionally accredited 4-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 1 of the following alternatives to student teaching:
(1) One year of teaching experience consisting of a minimum of 91 days of long-term teaching experience in 1 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 this chapter 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 this chapter of this title.
(b) Notwithstanding the requirements of subsection (a) of this section, an initial license may be issued to an applicant who
meets all other requirements for initial licensure except for passage of the PRAXIS I exam, provided that the applicant must
pass PRAXIS I within the period of time from the date of hire to the end of the next, consecutive fiscal year. If proof of
passage of PRAXIS I has not been provided during the time period specified, the initial license will be suspended unless the
superintendent of the school district submits to the Secretary of Education a written request for a 1-year extension. The
request must also document the effectiveness of the applicant. Any applicant who is within 2 points of the passing score on
the reading, writing, or mathematics section of PRAXIS I may use a composite score to meet the requirements of passage. An
applicant teaching the secondary content area of Math or English/Language Arts must meet the passing score in that content
area.
(c) If a licensee intends to apply for a continuing license, the licensee shall, prior to the expiration of that licensee's
initial license, complete professional development and mentoring activities as may be required by rules and regulations promulgated
and adopted pursuant to this chapter.
(d) Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may issue an initial
license to an applicant with less than 3 years of teaching experience who is licensed as an educator in another jurisdiction
or to an applicant who previously held a valid Delaware certificate that has since expired.
(e) An initial license may not be renewed. It may, however, be extended pursuant to § 1216 of this title.
(f) Notwithstanding the provisions of subsections (a) and (c) through (e) of this section, an initial license may be issued
for a period of up to 6 years for applicants in a vocational trade and industry area to complete specified college level course
work required for certification. Such applicants must achieve a passing score on an examination of general knowledge such
as Praxis I prior to the expiration of initial licensure.
(g) Notwithstanding the provisions of subsections (a), (b) and (d) of this section, 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.
72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 20, § 1; 73 Del. Laws, c. 84, § 2; 74 Del. Laws, c. 14, §§ 1-3; 75 Del. Laws, c. 77, §§ 4, 5.;
§ 1211. Tier Two -- Continuing licensure.
(a) A continuing license is valid for 5 years unless extended pursuant to § 1216 of this title or revoked.
(b) Upon application, the Department shall issue a continuing license to an educator holding an initial license if the educator
has successfully completed the requirements of § 1210 of this title and has not received more than 1 unsatisfactory annual
evaluation, as defined by the State-approved educator performance system, during the period of initial licensure.
(c) Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may issue a continuing
license to an applicant licensed as an educator in another jurisdiction or to an applicant who previously held a valid Delaware
certificate that has since expired. The applicant must have completed 3 or more years of successful teaching experience.
72 Del. Laws, c. 294, § 2; 74 Del. Laws, c. 14, § 4; 75 Del. Laws, c. 77, § 6.;
§ 1212. Continuing licensure -- Renewal.
Upon application, the Department shall renew a continuing license for an additional 5-year term if the educator has completed
90 clock-hours of approved professional development, as well as other professional development and/or mentoring requirements
as may be required by the rules and regulations promulgated and adopted pursuant to this chapter. For the purpose of this
section, "clock-hour" means actual time spent in professional development, not credit hours. The Standards Board shall review
the professional development requirements of this section on an ongoing basis for the purpose of proposing regulations that
modify the minimum requirements of this section and that improve the effectiveness of professional development. Notwithstanding
any provisions of this section to the contrary, the Standards Board may not modify the minimum clock-hour requirement of this
section until January 1, 2003. The professional development required by this chapter for license renewal may be waived if
the educator has successfully completed the professional development requirements pursuant to an approved local school district
professional development pilot plan. The Secretary, after consultation with the Professional Standards Board, may approve
one pilot local school district's professional development plan, submitted within twelve months of enactment of this Bill,
if the pilot plan was developed and agreed upon by the district, ratified by the organization representing the district's
teachers for collective bargaining purposes, and the pilot plan is at least as rigorous as the professional development requirements
under this chapter. A pilot local professional development plan approved under this section shall be considered a 3-year pilot
professional development plan. After 3 years, the local school district may seek to have the pilot professional development
plan continued pursuant to § 1203 of this Chapter.
72 Del. Laws, c. 294, § 2; 72 Del. Laws, c. 295, § 1.;
§ 1213. Tier Three -- Advanced licensure.
An advanced license is valid for up to 10 years unless extended pursuant to § 1216 of this title or revoked. Upon application,
the Department shall issue an advanced license to an educator who receives National Board for Professional Teaching Standards
certification. 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. The Department may also issue an advanced license to an educator who, upon
application, demonstrates proficiency under an equivalent program that has been approved in rules and regulations promulgated
and adopted under this chapter.
72 Del. Laws, c. 294, § 2; 75 Del. Laws, c. 77, §§ 7, 8.;
§ 1214. Advanced licensure -- Renewal.
Upon application, the Department shall renew an advanced license for an additional 10-year term, provided that the educator
maintained proficiency under the program for which the advanced license was first issued.
72 Del. Laws, c. 294, § 2.;
§ 1215. Licensure of educators holding professional status certificates or other certificates.
The Department shall issue a continuing license to a person 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. Upon application, the Department shall issue an advanced license to a person holding current National Board
for Professional Teaching Standards certification and a current Delaware certificate as of May 3, 2000.
72 Del. Laws, c. 294, § 2; 74 Del. Laws, c. 14, § 5.;
§ 1216. License extension; license freeze.
(a) Upon a showing by an educator of exigent circumstances, the Department may, through rules and regulations promulgated
and adopted pursuant to this chapter, issue a license extension for a period not to exceed 1 year.
(b) An educator may take an extended leave of absence for up to 3 years with no effect upon the validity or expiration of
the educator's initial, continuing or advanced license.
(c) If an applicant is not employed by a public school district or charter school, the initial license shall be inactive until
such time as the applicant is employed by a public school district or charter school. Once employed, the initial license shall
be in effect for 3 years and all rules and regulations promulgated and adopted under this chapter shall apply.
(d) The expiration of an educator's license before the end of the school year shall be considered an exigent circumstance
under subsection (a) of this section 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.
72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 14, § 6; 75 Del. Laws, c. 77, § 9.;
§ 1217. Denial of licenses.
(a) Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may deny an applicant's
application for a license for failure to meet the qualifications for a license. The Department may further deny a license
to an applicant who otherwise meets the requirements of this subchapter for any of the causes enumerated in § 1218(a) and
(b) of this title.
(b) The Department shall not take action to deny a license under this section without providing the applicant with written
notice of the reasons for denial and with an opportunity for a full and fair hearing before the Standards Board.
(c) In any hearing before the Standards Board to challenge action taken under this section, the Standards Board shall have
the power to administer oaths, order the taking of depositions, issue subpoenas, and compel attendance of witnesses and the
production of books, accounts, papers, records, documents, and testimony.
(d) The burden of proof in a license denial action is on the applicant to show by a preponderance of the evidence that the
applicant should not be denied a license because that applicant meets the qualifications for licensure pursuant to the applicable
laws and regulations.
72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 268, § 1.;
§ 1218. Limitation, suspension and revocation of licenses.
(a) The Secretary may suspend, revoke, or limit a license that has been issued to any person pursuant to this chapter, for
the following causes:
(1) Obtaining or attempting to obtain a license or certificate by fraudulent means or through misrepresentation of material
facts;
(2) Falsifying official school records, documents, statistics, or reports;
(3) Knowingly violating any of the provisions of the student testing program set forth in § 172 of this title;
(4) Pleading guilty or nolo contendere with respect to, or is convicted of, any crime against a child constituting a misdemeanor,
except for unlawful sexual contact in the third degree [§ 767 of Title 11];
(5) Pleading guilty or nolo contendere with respect to, or is convicted of, possession of a controlled substance or a counterfeit
controlled substance classified as such in Schedule I, II, III, IV or V of Chapter 47 of Title 16;
(6) Being terminated or dismissed for immorality, incompetence, misconduct in office, wilful neglect of duty, disloyalty,
or misconduct involving any cause for suspension or revocation of a license provided for in this section;
(7) Resigning or retiring pending dismissal for immorality, provided that clear and convincing evidence establishes the underlying
misconduct occurred; or
(8) Having had a license or certificate suspended, revoked, or voluntarily surrendered in another jurisdiction for cause which
would be grounds for suspension or revocation under this section.
(b) Notwithstanding the provisions of subsection (a) of this section, the Secretary shall revoke a license if the license
holder:
(1) Pleads guilty or nolo contendere with respect to, or is convicted of:
a. Any crime constituting the manufacture, delivery, possession with intent to manufacture or deliver a controlled substance
or a counterfeit controlled substance classified as such in Schedule I, II, III, IV or V of Chapter 47 of Title 16;
b. Any crime constituting a violent felony as defined in § 4201(c) of Title 11;
c. Any crime against a child constituting a felony, or unlawful sexual contact in the third degree [§ 767 of Title 11];
d. Any crime constituting a felony sexual offense; or
e. Any crime constituting a felony offense against public administration involving bribery, improper influence or abuse of
office; or
(2) Is terminated or dismissed for a sexual offense against a child; or
(3) Resigns or retires after official notice of allegations of a sexual offense against a child, provided that clear and convincing
evidence establishes the underlying misconduct occurred.
(c) The Secretary may automatically suspend any license without a prior hearing if the license holder is arrested or indicted
by a grand jury for a violent felony as defined in § 4201(c) of Title 11. A suspension under this subsection is effective
on the date of the arrest or grand jury indictment.
(1) For a suspension under this subsection, the Secretary shall issue a written temporary order of suspension to the license
holder at that license holder's last known address.
(2) The chief school officer or head of school, on behalf of the local board of education or charter school board of directors,
shall report to the Secretary the name and last known address of any license holder employed by the district or charter school
who it knows to have been arrested or indicted by a grand jury for a violent felony as defined in § 4201(c) of Title 11.
(3) A license holder whose license has been suspended pursuant to this subsection may request an expedited hearing before
the Standards Board within 20 calendar days from the date the notice of the Secretary's decision to temporarily suspend the
license holder's license was mailed. In the event that the license holder requests an expedited hearing in a timely manner,
the Standards Board shall convene a hearing within 90 days of the receipt of such a request.
(4) If the license holder pleads guilty or nolo contendere with respect to, or is convicted of, a violent felony as defined
in § 4201(c) of Title 11, the Secretary shall proceed with revocation under subsection (b) of this section.
(5) If the license holder is found not guilty of the underlying criminal charges, a nollo prosequi is entered on the record
by the State, or the charges are otherwise dismissed by the court, the license holder may file a written request for license
reinstatement, including documentation of the final status of the judicial proceeding, and their license shall be reinstated
If the license expired during the period of suspension, the holder of the former license may reapply for the same tier license
that was suspended, but shall meet the license requirements that are in effect at the time of the application for license.
(6) An order of suspension under this subsection shall remain in effect until the final order of the Secretary or the Standards
Board becomes effective.
(d) The Secretary may take an action under subsection (a), (b), or (c) of this section on the basis of substantially comparable
conduct occurring in a jurisdiction outside this state or occurring before a person applies for or receives any license.
(e) Any license holder who has pled guilty or nolo contendere to, or has been convicted of, a crime in a court of law which
would constitute grounds for revocation, suspension or limitation of license 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 § 4201(c) of Title 11, shall notify the Secretary
of such action in writing within 20 days of such conviction, arrest or indictment, whether or not a sentence has been imposed.
Failure to do so shall be grounds on which the Secretary may limit, suspend, or revoke the holder's license.
(f) Any license holder who has surrendered an educator license or any professional license or certificate or who has had such
a license or certificate revoked, suspended, or limited in any jurisdiction or by any agency shall notify the Secretary of
such action in writing within 30 days of such action. Failure to do so shall be grounds on which the Secretary may limit,
suspend or revoke the holder's license.
(g) The chief school officer or head of school, on behalf of the local board of education or charter school board of directors,
shall report to the Secretary the name and last known address of any license holder who is dismissed, resigns, retires or
is otherwise separated from employment with that district or charter school after having received notice of misconduct that
constitutes grounds for revocation or suspension under subsection (a), (b), or (c) of this section. Such report shall be made
within 15 days of the dismissal, resignation, retirement or other separation from employment and is required notwithstanding
any termination agreement to the contrary that the local board of education or charter school board of directors may enter
into with the license holder. The reasons for the license holder's dismissal, resignation, retirement or other separation
from employment with the district or charter school shall also be provided along with all evidence that was reviewed by or
is in the possession of the district or charter school relating to the dismissal, resignation, retirement, or other separation
from employment. The Department shall give written notice to any license holder of any notification received under this subsection
to the license holder's last known address. Such notification shall be made within 15 days of receipt of the district or charter
school's report to the Department of misconduct under this subsection. The obligation to report also applies when a chief
school officer or head of school acquires relevant information after a license holder's dismissal, resignation, retirement,
or other separation from employment. Failure to make such reports shall be grounds on which the Secretary may limit, suspend,
or revoke the chief school officer's or head of school's license. All information obtained from the chief school officer or
head of school shall be confidential and shall not considered public records under Delaware's Freedom of Information Act [Chapter
100 of Title 29].
(h) The Secretary may investigate any information received about a person that reasonably appears to be the basis for action
under subsections (a) through (c) of this section. The Secretary shall not investigate anonymous complaints. The Department
shall give written notice within a reasonable period of time to a license holder of any investigation initiated hereunder
to the license holder's last known address. All information obtained during an investigation is confidential and shall not
be considered public records under Delaware's Freedom of Information Act [Chapter 100 of Title 29]. The Secretary shall review
the results of each investigation and shall determine whether the results warrant initiating action under subsection (a),
(b), or (c) of this section.
(i) Whenever the basis of for action under subsection (a) or (b) of this section is a guilty plea, nolo contendere with respect
to, or a conviction of a crime, a copy of the record of the plea, nolo contendere or conviction certified by the clerk of
the court entering the plea, nolo contendere or conviction shall be conclusive evidence thereof.
(j) The Secretary may enter a consent agreement with a person against whom action is being taken under subsection (a), (b),
or (c) of this section.
(k) The Secretary shall not take action against a person under subsection (a) or (b) of this section without providing the
person with written notice of the charges and with an opportunity for a full and fair hearing before the Standards Board.
Notice shall be sent to the person's last known address. The license holder shall have 30 calendar days from the date the
notice of the charges was mailed to make a written request for a hearing. Unless otherwise provided for in this section, the
burden of proof in a license disciplinary action shall be on the agency taking official action to establish by preponderance
of the evidence that the license holder has engaged in misconduct as defined by subsections (a) and (b) of this section or
otherwise has failed to comply with the applicable laws and regulations relating to the retention of the license. If no written
request for a hearing is received by the Standards Board, the license holder's license shall be deemed to be revoked, suspended,
or limited and the holder shall be so notified.
(l) A license may be suspended for a period of time not to exceed 5 years. The license may be reinstated by the Secretary,
upon written request, with verification that all requirements for license renewal have been satisfied. If the license expired
during the period of suspension, the holder of the former license may reapply for the same tier license that was suspended
but shall meet the license requirements that are in effect at the time of the application for the license.
(m) If any of the causes listed in subsection (a) or (b) of this section are determined, the Secretary or the Standards Board
after a hearing, may put limitations on a license that may include but is not limited to:
(1) Restrictions on the ages of students with whom the license holder may work;
(2) Additional supervision requirements; or
(3) Education, counseling, or psychiatric examination requirements.
(n) If a decision of license limitation, suspension or revocation is based on paragraph (a)(4), (a)(5), or (b)(1) of this
section, and if the plea or conviction is overturned and there is no subsequent proceeding leading to a plea or conviction,
the individual whose license is limited, suspended or revoked may file a written request for reinstatement, including documentation
of the final status of the judicial proceeding, and the license shall be reinstated.
(o) An individual whose license has been revoked under subsection (a) of this section may petition the Secretary for reinstatement
of the license not sooner than 5 years from the date of revocation. The individual shall submit to the Secretary a written
petition showing credible evidence, by affidavit or otherwise, of the factors set forth in paragraph (1) of this subsection.
(1) The Secretary shall consider all of the following criteria in evaluating a petition for reinstatement and shall only grant
such a petition if it is in the best interest of the public schools of the State:
a. The nature and circumstances of the individual's original misconduct;
b. The individual's subsequent conduct and rehabilitation;
c. The individual's present character; and
d. The individual's present qualifications and competence to engage in the practice of instruction, administration or other
related professional support services.
(2) A former license holder is entitled to a full and fair hearing before the Standards Board to challenge a denial of reinstatement
pursuant to this subsection.
(3) A license revoked under subsection (b) of this section or suspended under subsection (c) of this section may not be reinstated
under this subsection. A license revoked under paragraph (b)(1) of this section may only be reinstated pursuant to subsection
(n) of this section and a license suspended under subsection (c) of this section may only be reinstated pursuant to paragraph
(c)(5) of this section or after a hearing before the Standards Board.
(p) In any hearing before the Standards Board to challenge action taken under this section, the Standards Board shall have
the power to administer oaths, order the taking of depositions, issue subpoenas, and compel attendance of witnesses and the
production of books, accounts, papers, records, documents, and testimony.
(q) Notice of the limitation, revocation, suspension or reinstatement of a license shall be made by the Secretary, or the
Secretary's designee, to all chief state school officers of the other states and territories of the United States.
(r) All communications between a license holder and the Department or Standards Board provided for in this section shall be
by certified mail, with a return receipt requested.
(s) For purposes of this section only, the term "license" shall include a Standard or Professional Status Certificate issued
by the Department prior to August 31, 2003, an initial license issued pursuant to § 1210 of this title, a continuing license
issued pursuant to § 1211 of this title, or an advanced license issued pursuant to § 1213 of this title.
72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 77, § 10; 76 Del. Laws, c. 268, § 2.;
§ 1219. Disclosure.
Pursuant to the rules and regulations promulgated and adopted under this chapter, the Department shall require each applicant
for a license under this chapter to disclose that applicant's own criminal conviction history. Failure to disclose a criminal
conviction history pursuant to this section is grounds for denial of a license under § 1217 of this title, revocation of a
license under § 1218 of this title, and/or criminal prosecution under subchapter VI (Criminal Background Check for Public
School Related Employment) of Chapter 85 of Title 11.
72 Del. Laws, c. 294, § 2; 70 Del. Laws, c. 186, § 1.;
