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 Back | 144th General Assembly
House Bill # 259 |
| Primary Sponsor: | Miro | Additional Sponsor(s): & Rep. Lofink & Sen. Sokola |
| CoSponsors: | Reps. Booth, Ewing, Maier, Wagner, Hall-Long; Sens. Sorenson, Simpson |
| Introduced on : | 06/27/2007 | |
| Long Title: | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DENIAL, SUSPENSION, REVOCATION AND LIMITATION OF EDUCATOR LICENSES AND CERTIFICATES. |
| Synopsis: | This Act clarifies existing Code relating to the denial and revocation of educator licenses. This Act provides that the Department of Education shall have the discretionary authority to deny an applicant’s application for licensure as an educator for any of the causes that an educator license may be revoked. The Act further provides that written notice must be given to the applicant of the reasons for denial and an opportunity must be given for a hearing before the Professional Standards Board. The Act clarifies, consistent with current regulation, that the burden of proof in a license denial action is on the applicant to show by a preponderance of the evidence that he or she meets the applicable laws and regulations relating to the issuance of a license.
This Act further provides that the Secretary of Education shall have the authority to suspend, revoke or limit a license. The Act further delineates between when the Secretary’s authority to suspend, revoke or limit a license is discretionary and when revocation is mandatory. The Act clarifies that the list of causes mandating mandatory revocation is generally consistent with § 2708(b)(7) of Title 21 of the Delaware Code.
The Act provides that the Secretary may automatically suspend a 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 of the Delaware Code. The license holder, however, is still entitled to notice and hearing before the Professional Standards Board if requested within 20 days of notice of suspension.
The Act provides that any license holder who is convicted of a crime in a court of law which would constitute grounds for revocation, suspension or limitation shall notify the Secretary of such conviction in writing within 20 days of such conviction and the failure to do so is grounds for revocation.
The Act provides that the Secretary will not take action to revoke a license holder’s license, with the exception of convictions for a violent felony, without providing the person with written notice of the charges and with an opportunity for a full and fair hearing before the Standards Board.
The Act further provides that a license may be suspended for a period of time not to exceed five (5) years. The license may be reinstated upon proof that all requirements for license renewal have been satisfied.
The Act provides that the Secretary may place limitations on a license including restrictions on the ages of students with whom the license holder may work, additional supervision requirements, and education, counseling, or psychiatric examination requirements.
Lastly, the Act provides that an individual whose license was revoked under subsection (a) may petition the Secretary for reinstatement of the license not sooner than five (5) years from the date of revocation. The Secretary shall only grant such a petition after finding that it is in the best interest of the public schools in Delaware and after considering (1) the nature and circumstances of the individual’s original misconduct; (2) the individual’s subsequent conduct and rehabilitation; (3) the individual’s present character; and (4) the individual’s present qualifications and competence to teach.
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| Substituted Legislation for Bill : |
Substitute bill -------> |
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Actions History:
| Jun 19, 2008 - HS 1 for HB 259 - Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
May 14, 2008 - HS 1 for HB 259 - Reported Out of Committee (EDUCATION) in Senate with 4 On Its Merits
Apr 23, 2008 - HS 1 for HB 259 - Assigned to Education Committee in Senate
Apr 22, 2008 - HS 1 for HB 259 - Passed by House of Representatives. Votes: 40 YES 0 NO 0 NOT VOTING 1 ABSENT
Mar 20, 2008 - HS 1 for HB 259 - Reported Out of Committee (EDUCATION) in House with 9 On Its Merits
Mar 18, 2008 - HS 1 for HB 259 - Assigned to Education Committee in House
Jun 27, 2007 - Introduced and Assigned to Education Committee in House
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