SPONSOR:

Rep. K. Williams & Rep. Spiegelman & Rep. Yearick & Sen. Sokola & Sen. Pettyjohn

Reps. Baumbach, Hensley, Jaques, Keeley, Kowalko, Matthews, Outten, Ramone, D. Short

HOUSE OF REPRESENTATIVES

149th GENERAL ASSEMBLY

HOUSE BILL NO. 143

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATOR LICENSURE.

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

Section 1. Amend Subchapter II, Chapter 12, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1210 Tier One — Provisional licensure.

(a) A provisional license is valid for 1 year unless revoked. The Department shall issue a provisional 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, has achieved a passing score on a content-readiness exam 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, except that this provision shall not apply to applicants seeking a provisional license to teach in a core content area. For the purpose of this section, "core content area" means any subject area tested by the state assessment system, including mathematics, English/language arts, science, and social studies. Experience in an alternative routes for teacher licensure and certification program may not be used to meet this alternative; or

(2) The applicant is enrolled and participating in an alternative routes for teacher licensure and certification program pursuant to subchapter V or VI of this chapter; or

(3) The applicant is applying for a provisional license and certification as a specialist and completes a supervised practical experience in the specialty area equivalent to student teaching as recognized pursuant to rules and regulations promulgated and adopted pursuant to this chapter. Equivalent practical experience in the specialty area may include a supervised internship, a practicum, or clinical experience. For the purpose of this section, "specialist" means an educator other than a teacher recognized pursuant to rules and regulations promulgated and adopted pursuant to this chapter who is eligible to apply for both licensure and certification from the State in order to engage in other related professional support services.

(b) If a provisional licensee intends to apply for an initial license, the licensee shall, prior to the expiration of that provisional license, complete professional development and mentoring activities as may be required by rules and regulations promulgated and adopted pursuant to this chapter.

(c) A provisional license may not be renewed. It may, however, be extended pursuant to § 1216 of this title.

(d) Notwithstanding the provisions of subsections (a) and (b) of this section, a provisional license may be issued for a period of 1 year for applicants in a vocational trade and industry ("skilled and technical sciences" or "STS"). Prior to the expiration of provisional licensure, such applicants must demonstrate progress towards meeting certification requirements.

(e) On or before January 20, 2022, the Department of Education shall provide a report to the General Assembly on the impact of the established requirement of the performance assessment under this subchapter. Such report shall be conducted by an independent entity. The report shall include, but not be limited to, a comparative analysis of student performance of students taught by novice educators having passed a performance assessment and students taught by novice educators who have not successfully passed a performance assessment. The report shall include overall educator retention rates, including information on educators who remain in original placement schools and educators who remain in the teaching profession. The report shall be inclusive of the academic years July 1, 2016, through June 30, 2021.

§ 1210A 1210 . Tier Two One — Initial licensure.

(a) An initial license is valid for 4 3 years unless revoked. The Department shall issue an initial license under this section if an applicant demonstrates that the applicant received a bachelor's degree from a regionally accredited 4-year college or university, has achieved a passing score on both an examination of general knowledge , and has achieved a passing score on both a content-readiness exam and approved performance assessment , 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, except that this provision shall not apply to applicants seeking an initial license to teach in a core content area. For the purposes of this section, "core content area" means any subject area tested by the state assessment system, including mathematics, English/language arts, science, and social studies. Experience in an alternative routes for teacher licensure and certification program or the Special Institute for Teacher Licensure and Certification Program may not be used to meet this alternative; or

(b) Notwithstanding the provisions of subsection (a) of this section, an initial license may be issued for a period of 3 years, if an applicant received a provisional license as their first license to an applicant who meets all other requirements for initial licensure except the passage of the general knowledge exam, provided that the applicant must meet the requirements of the general knowledge exam within the period of time from the date of hire to the end of the next, consecutive fiscal year. If proof of meeting the requirement of the general knowledge exam 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 document the effectiveness of the applicant. An applicant within 2 points of the passing score on the reading, writing, or mathematics section of the general knowledge exam may use a composite score to meet the requirements of passage. An applicant seeking initial license to teach the secondary content are of Mathematics or English/Language Arts must also achieve a passing score on the corresponding section of the test of general knowledge .

(c) If an initial licensee intends to apply for a continuing license, the licensee shall, prior to the expiration of that initial license, complete professional development and mentoring activities as may be required by rules and regulations promulgated and adopted pursuant to this chapter.

(d)  Notwithstanding the provisions of § 1210 of this title and subsection (a) of this section and pursuant Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may issue an initial license to an applicant with at least 1 year of teaching experience but less than 4 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.

(f) Notwithstanding the provisions of subsections (a), and (c) , and (d) through (e) of this section, an initial license may be issued for a period of up to 5 6 years for applicants in a vocational trade and industry ("skilled and technical sciences" or "STS") 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 and obtain a passing score on an approved performance assessment prior to the expiration of initial licensure.

(g) Notwithstanding the provisions of subsections (a) through (e) of this section, the Department may issue an initial license to an applicant for school nurse who meets all other requirements for initial licensure except for passage of an examination of general knowledge, provided that the applicant must pass and an examination of general knowledge within 1 calendar year of the date of hire. If proof of passage of an examination of general knowledge has not been provided during the time period specified, the initial license will be suspended and may be able to be reviewed by the Secretary of Education.

(h) Notwithstanding the provisions of subsections (a) , (b) and (c) (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.

§ 1211. Tier Three Two — Continuing licensure.

(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 § 1210A 1210 of this title and has not received more than 1 unsatisfactory annual evaluation, as defined by a State of Delaware approved educator performance system, during the periods of provisional licensure and/or period of initial licensure.

(c) Pursuant to the 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 4 3 or more years of successful teaching experience.

§ 1213. Tier Four Three — Advanced licensure.

§ 1216. License extension; license freeze.

(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 provisional, initial, continuing or advanced license.

(c) If an applicant is not employed by a public school district or charter school, the provisional or initial license shall be inactive until such time as the applicant is employed by a public school district or charter school. Once employed, the provisional initial license shall be in effect for 1 year or the initial license shall be in effect for up to 4 years 3 years and all rules and regulations promulgated and adopted under this chapter shall apply.

§ 1218. Limitation, suspension and revocation of licenses.

(s) For the purpose of this section only, the term "license" shall include a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003, a provisional license issued pursuant to § 1210 of this title, an initial license issued pursuant to § 1210A 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.

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

1250. Established.

A special institute to be run by 1 or more of Delaware's teacher training institutions shall be established to provide a program for college graduates without a license and/or certificate to become licensed and certified to teach in Delaware public schools. The program shall be designed for such graduates, who hold a bachelor's degree but who have no teacher training or previous teaching experience. The Professional Standards Board and the State Board of Education shall promulgate and adopt rules and regulations pursuant to this chapter that are relative to the special institute for teacher licensure and certification and the teacher training institution or institutions will set up and manage the program. There will be no tuition charged to persons participating in the special institute leading to provisional initial licensure and certification.

§ 1252. Format of special institute program.

The general format for the special institute shall include the following:

(1) For the individual seeking licensure and certification in a secondary content area which corresponds to the major field of study in the bachelor's program, it is intended that 1 summer of courses in the special institute; 1/2 year (1 semester) of student teaching, or 1 year of supervised, full-time teaching experience in a Delaware public school; and additional coursework as necessary constitute the program of study leading to the provisional initial license and standard certificate. A provisional An initial license conditioned on continued enrollment in the Special Institute and an emergency certificate shall be issued to the person employed to complete the 1 year of full-time teaching experience in lieu of student teaching. Upon successful completion of the Special Institute for Teacher Licensure and Certification Program, the individual shall receive an initial license valid for a the balance of the 3-year term , and a standard certificate.

(2) For individuals seeking licensure and certification in elementary or special education, it is intended that 2 summers of courses in the special institute (immediately before and after a student teaching experience or 1 year full-time teaching experience); 1/2 year of student teaching or 1 year of supervised, full-time teaching experience in a Delaware public school; and additional coursework as necessary constitute the program of study leading to the provisional initial license and standard certificate. A provisional An initial license conditioned on continued enrollment in the Special Institute and an emergency certificate shall be issued to the person employed to complete the 1 year of full-time teaching experience in lieu of student teaching. Upon successful completion of the Special Institute for Teacher Licensure and Certification Program, the individual shall receive an initial license valid for a the balance of the 3-year term and a standard certificate.

Section 3. Amend Subchapter VI. Chapter 12, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1260. Requirements for the participation in alternative routes for teacher licensure and certification program.

(a) Subject to § 1217 of this title and not withstanding any other provision in this chapter to the contrary, candidates seeking participation in an alternative routes for teacher licensure and certification program shall be issued a provisional an initial license conditioned on continued enrollment in an alternative routes for teacher licensure and certification program and an emergency certificate or certificates provided they:

Section 5. Amend Subchapter III, Chapter 12, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1220. Standard certificate.

(a) The Department shall issue a standard certificate to an applicant who meets the requirements for licensure and has acquired the prescribed knowledge, skill, or education to practice in a particular area, to teach a particular subject or to instruct a particular category of students. Where applicable and available, an applicant for a standard certificate must have achieved a passing score on an examination of content knowledge, such as Praxis II. This requirement shall apply to all applicants teaching special education in a "core content area , " as defined in § 1210 of this title, in secondary schools. “Core content area” means any subject area tested by the state assessment system, including mathematics, English/language arts, science, and social studies.

SYNOPSIS

This bill removes a performance assessment requirement for new educators that is limiting Delaware schools' ability to recruit new educators from other jurisdictions that do not have this requirement. Approximately 45% of teachers hired annually by Delaware's School Districts graduate from out-of-state pre-service teaching programs as Delaware Colleges and Universities do not supply enough teachers to meet Delaware's demand. Delaware's requirement of passing a performance assessment for licensure places a burden on the recruitment process as most first year teacher out-of-state hires are recruited from states that do not have this requirement. Currently only 16 of the 50 states have a performance assessment policy in place. The largest percentage of Delaware's out-of-state new teacher hires come from PA, MD, and VA, all states that do not have a performance assessment requirement for licensure. The result for these new teachers is having to be placed on a provisional license in order to complete the performance assessment tasks as they are working to meet the heavy demands for first year teaching and transitioning to a new state. For new teachers making job selection decisions, Delaware's performance assessment requirement can be viewed as cumbersome and serve as a deterrent to possible applicants.