Chapter 12

§ 1201 Purpose [For application of this section, see 85 Del. Laws, c. 186, § 8]. The purpose of this chapter is to establish a system of professional development, professional standards, licensure, certification and evaluation that serves to continually improve the quality of instruction and support for Delaware’s children so that they are equipped to work and succeed in an ever-changing and increasingly complex global economy. The General Assembly finds that a rigorous system of licensure, certification, permitting, professional development and evaluation designed to support improved student achievement and well-being, together with an expansion of the salary system to include compensation for skills and knowledge, will serve to improve the quality of the Delaware education workforce and to improve student performance. All educators must be licensed, certified, and evaluated under this chapter. Paraprofessionals and other student support and classroom personnel must hold a permit according to this chapter or an approved professional license under Title 24. To develop this system and to ensure that its purposes are achieved, the General Assembly creates the Delaware Professional Standards Board to work in conjunction with the Department of Education and the State Board of Education toward the full implementation of this chapter. 72 Del. Laws, c. 294, §  2 ; 85 Del. Laws, c. 186, § 1 ; § 1202 Definitions [For application of this section, see 85 Del. Laws, c. 186, § 8]. The following definitions apply to this chapter: (1) “Approved professional license issued under Title 24” means a professional license issued by any of the following Boards: a. Board of Occupational Therapy Practice. b. Board of Mental Health and Chemical Dependency Professionals. c. Board of Examiners of Psychologists. d. Board of Social Work Examiners. e. Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers, but excluding a hearing aid dispenser license. f. Examining Board of Physical Therapists and Athletic Trainers. (2) “ARTC program” means an alternative routes for teacher licensure and certification program. (3) “Certificate of eligibility” means a credential which may be issued to teachers of students with disabilities if the employing district or charter school establishes that the proposed recipient meets the requirements of § 1221(2) of this title. (4) “Certification” means the issuance of a certificate, which may occur regardless of a recipient’s assignment or employment status. (5) “Classroom aide” means a school employee who supports teachers by assisting students with activities and daily tasks. A classroom aide may work with individuals or small groups and provide additional assistance based on student needs. An individual with a diploma of alternate achievement standards may serve as a classroom aide. (6) “Delaware Performance Appraisal System II” (DPAS II) means the evaluation developed and conducted pursuant to this chapter. (7) “Department” means the Delaware Department of Education. (8) “Educator” means a person licensed and certified by the State under this chapter to engage in the practice of instruction, administration or other related professional support services in Delaware public schools, including charter schools, pursuant to rules and regulations promulgated by the Standards Board and approved by the State Board. For purposes of this subchapter, the term “educator” does not include substitute teachers. (9) “Emergency certificate” means a credential which may be issued if the employing district or charter school establishes that the proposed recipient meets the requirements under § 1221(1) of this title. (10) “Evaluator” means an individual or team meeting the minimum qualifications to appraise educator performance, as set forth in the rules and regulations promulgated under § 1271 of this title. (11) “License” means a credential which authorizes the holder to engage in the practice for which the license is issued. (12) “Other student support personnel” means a person other than a paraprofessional who is hired or contracted by a district, charter school, or other state agency to support students with mental health services or behavior interventions in a school and may have direct, unsupervised contact with students, but who is not otherwise qualified to hold a license and a standard certificate issued under this chapter or an approved professional license issued under Title 24. (13) “Paraprofessional” means a person permitted by this State under this chapter to assist in classroom instruction, classroom management, student behavior, or functional skills activities, and is paid under § 1324 of this title. (14) “Permit” means a credential that authorizes the holder to engage in student support and classroom services within a public school. (15) “Secretary” means the Secretary of the Delaware Department of Education. (16) “Specialist intern” means a person who is enrolled in an education preparation program in school counseling or school psychology, who is completing the internship required for certification. Specialist interns include individuals completing required supervised fieldwork in behavior analysis at a school. All specialist interns must adhere to any other regulations or requirements required by the specialist intern’s applicable certificate. (17) “Standard certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill and/or education to practice in a particular area, teach a particular subject, or teach a category of students. An educator may be issued 1 or more certificates. (18) “Standards Board” means the Professional Standards Board established pursuant to this chapter. (19) “State Board” means the State Board of Education of the State pursuant to § 104 of this title. (20) “Year-long resident” means a person who is enrolled in a year-long residency program under § 1281 of this title. 72 Del. Laws, c. 294, §  2 ; 75 Del. Laws, c. 77, §§  2, 3 ; 81 Del. Laws, c. 202, § 2 ; 81 Del. Laws, c. 282, § 1 ; 85 Del. Laws, c. 186, § 1 ; § 1203 Rules and regulations. Unless otherwise provided for in this chapter, rules and regulations necessary to implement this chapter must be proposed by the Standards Board subject to approval of the State Board. The Standards Board shall develop rules and regulations in consultation and cooperation with the Department. Once developed, the rules and regulations must be sent to the Executive Secretary of the State Board and must be included on the State Board’s agenda no later than the second regular meeting of the State Board following the Executive Secretary’s receipt of the rules and regulations. The rules and regulations must be addressed by the State Board when placed on its agenda. If approved by the State Board, rules and regulations have the force and effect of law. The Department shall adopt and publish all rules and regulations pursuant to the provisions of this section and to the provisions of the Administrative Procedures Act [Chapter 101 of Title 29]. This subsection shall not apply to rules and regulations promulgated pursuant to the provisions of subchapter VII of this chapter. 72 Del. Laws, c. 294, §  2 ; 74 Del. Laws, c. 13, §  1 ; § 1204 License or permit requirement [For application of this section, see 85 Del. Laws, c. 186, § 8]. (a) No person may work in a public school unsupervised with students without a valid permit, a license issued under this chapter, or an approved professional license issued under Title 24. (b) The following individuals are exempt from the requirements of subsection (a) of this section: (1) Noninstructional administrators. (2) Nutrition staff. (3) Custodial staff. (4) Transportation staff. (5) Clerical staff. (6) A charter school administrator exempt under § 507(c) of this title. (7) A substitute teacher serving for less than 12 consecutive weeks in 1 school. 85 Del. Laws, c. 186, § 1 ; § 1205 Professional Standards Board [For application of this section, see 85 Del. Laws, c. 186, § 8]. (a) Recognizing that well-prepared, effective educators, paraprofessionals, and other student support and classroom personnel are critical to our students’ success and that those entrusted with the achievement of our students should have a voice in the development of policies that affect their profession, there is hereby established the Professional Standards Board. The intent of the General Assembly is that the Standards Board and the Department work in close coordination and collaboration to fully and effectively implement the purposes of this chapter. To this end, the Standards Board shall file reports on January 1, April 1, July 1, and October 1 of each calendar year with the General Assembly, the Governor, the State Board and the Department. (b) The Standards Board shall develop rules and regulations relating to educators’ professional development, licensure requirements, and certification requirements. In addition, the Standards Board shall develop regulations relating to permit requirements for paraprofessionals and other student support and classroom personnel. The Department shall implement the rules and regulations promulgated and adopted pursuant to this chapter relating to licensure and certification of educators, permitting of paraprofessionals and other student support and classroom personnel, certification of evaluators, and as otherwise directed by rules and regulations developed under this chapter. 72 Del. Laws, c. 294, §§  2, 61 ; 74 Del. Laws, c. 13, §§  2, 23 ; 85 Del. Laws, c. 186, § 1 ; § 1206 Composition and governance of the Professional Standards Board. (a) The Standards Board shall consist of 16 voting members as follows: (1) Eight public school educators, no less than 2 from each county, with 1 being a special education teacher, 1 being an education specialist and at least 1 teacher each from the high school, middle school and elementary school levels. The 7 teachers and 1 education specialist must be selected from a list supplied by the Delaware State Education Association in accordance with subsection (c) of this section. Each teacher appointed to the Standards Board must have demonstrated excellence in that teacher’s own field by achieving honors or special recognition in that teacher’s field, including, but not limited to state, district or building level Teacher of the Year, National Board for Professional Teaching Standards certification, or the Presidential Award for Excellence. (2) Four public school administrators, with at least 1 being from each county, selected from a list supplied by the Delaware Association of School Administrators in accordance with subsection (c) of this section. (3) One member of a local school board selected from a list supplied by the Delaware State School Board Association in accordance with subsection (c) of this section. (4) Two parents with children in public schools, from separate counties, selected from a list supplied by the Secretary of Education. The Secretary shall solicit nominations from groups such as the Delaware Congress of Parents and Teachers, the Delaware Parent Leadership Institute, and formal advisory councils in accordance with subsection (c) of this section. (5) One representative of higher education selected from a list supplied by the Council of Presidents in accordance with subsection (c) of this section. (b) The Governor, by and with the consent of a majority of the members elected to the Senate, shall appoint each voting member of the Standards Board for a term of 3 years, except that initial appointments are for the following terms: 5 members for an initial term that expires 2 years following the date of appointment; 5 members for an initial term that expires 3 years following the date of appointment; and 5 members, including the chair of the Standards Board, for an initial term that expires 4 years from the date of appointment. The Governor shall designate 1 voting educator member to serve, at the pleasure of the Governor, as chair of the Standards Board. The members of the Standards Board shall elect a vice chair. A member who misses 3 consecutive meetings without cause is presumed to have resigned from the Standards Board. A member of the Standards Board serves until that member’s successor is appointed or until the member resigns. A member appointed to fill a vacancy serves for the remainder of the term of the member whom that member replaced. A Standards Board member is eligible for reappointment. If a disciplinary proceeding is initiated against a board member, the member may not participate in Standards Board business until the charge is adjudicated or the matter is otherwise concluded. (c) With respect to appointments pursuant to subsection (a) of this section, the designated organization or person shall provide the Governor with a list of potential appointees 60 days prior to the expiration of a term or within 30 days after a vacancy of any term. The Governor may require that a specific number of potential appointees, up to 20, be included on any list submitted. The Governor may reject all potential appointees on the list and request up to 4 additional lists at the Governor’s own discretion. If the designated organization does not submit a list to the Governor as provided in this subsection, then the Governor shall submit the Governor’s own appointments for any vacancy. (d) The Standards Board shall have the following standing committees in the following subject areas: (1) Licensure and Certification Criteria; and (2) Professional Development and Associated Compensation. A standing committee must consist of at least 1 member of the Standards Board and other persons as may be mutually agreeable to the chair of the Standards Board and the Secretary. (e) The majority of the voting members of the Standards Board shall appoint an executive director of the Standards Board. The executive director must have been a resident of Delaware for a minimum of 1 year immediately prior to the executive director’s appointment and must have at least 10 years’ experience as a professional educator in a public school system, with at least 5 years as a classroom teacher. The executive director acts as secretary to the Standards Board and receives compensation commensurate with the Department salary schedule. The executive director shall serve at the pleasure of the majority of the voting members of the Standards Board. The executive director is excluded from “classified service” and “state service” as defined in Chapter 59 of Title 29. The Department shall provide the Standards Board with access to Department personnel who are reasonably necessary to carry out the duties of the Standards Board. (f) The Standards Board may create any committees that it deems necessary, provided that a committee created under this subsection does not overlap or otherwise make recommendations in the subject areas governed by the standing committees designated in subsection (d) of this section; and, further provided, that, prior to creating any such committee, the Standards Board shall first specify the tasks to be addressed by the committee and the time in which the committee is to complete those tasks. The chair of the Standards Board may appoint members of the Standards Board to such committees. The Standards Board may, by mutual agreement between its chair and the Secretary, appoint educators, parents, citizens and members of the business community to a committee created under this subsection. (g) A majority of the current members of the Standards Board constitutes a quorum. No motion or resolution of the Standards Board may be adopted without the concurrence of the majority of the members of the Board plus at least 1 additional affirmative vote. (h) A member of the Standards Board is entitled to receive $50 per meeting not to exceed $600 annually, and to be reimbursed for reasonable and necessary expenses incurred in connection with the performance of official duties. The Standards Board may hold 1 meeting per month during normal school hours, but any additional meetings in the same month shall not be held during normal school hours. The provisions of subchapter III of Chapter 58, Title 29 shall not apply to members of the Standards Board who are employed by a public school district. Any Standards Board member employed by a public school district will be released from that member’s normal duty for the purpose of attending any regular monthly meeting of the Board which is scheduled during normal school hours as provided in this section, and such member shall receive that member’s normal salary from the member’s employer pursuant to the provisions of Chapter 13 of this title and any applicable collective bargaining agreement. Subject to the availability of appropriated funds, the Standards Board shall reimburse the member’s employing school district for such costs as the school district may incur in order to obtain the services of a substitute teacher to take the place of any teacher member of the Standards Board who is granted release time pursuant to this section. A member of the Standards Board who is granted release time pursuant to this section shall have that member’s compensation, as provided in the first paragraph in this section, proportionally reduced so that such member is not compensated twice for the time spent in meeting. (i) Upon the request of the Secretary for advice or recommendations on matters within the purview of the Standards Board, the Standards Board shall respond to the request within a time frame that is mutually agreed upon between the Secretary and the chair of the Standards Board. (j) The initial 15 voting members of the Standards Board must be appointed no later than 90 days after the enactment of this act. (k) The Standards Board is subject to the provisions of the Administrative Procedures Act (Chapter 101 of Title 29). 72 Del. Laws, c. 294, §  2 ; 70 Del. Laws, c. 186, §  1 ; 73 Del. Laws, c. 84, §  2 ; 74 Del. Laws, c. 13, §§  3-7 ; 74 Del. Laws, c. 68, §  282 ; 76 Del. Laws, c. 93, §§  1, 2 ; 79 Del. Laws, c. 324, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 1210 Tier One — Initial licensure [For application of this section, see 81 Del. Laws, c. 43, §  5]. (a) An initial license is valid for 4 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 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 or in no more than 2 assignments, excluding early childhood and elementary education, or 3 years of substitute teaching experience consisting of 91 days per year in multiple assignments under § 1716G of this title. Experience in an alternative routes for teacher licensure and certification program may not be used to meet this alternative. (2) The applicant is enrolled and participating in the alternative routes for teacher licensure and certification program under subchapter VI of Chapter 12 of this title. (3) [Repealed.] (4) The applicant is applying for an initial license and certification as a specialist and completes a supervised practical experience in the specialty area equivalent to student teaching as recognized by rules and regulations promulgated and adopted under this chapter. Equivalent practical experience in the specialty area may include a supervised internship, a practicum, or clinical experience. For purposes of this section, “specialist” means an educator other than a teacher recognized by rules and regulations promulgated and adopted under this chapter who is eligible to apply for both licensure and certification from the State to engage in other related professional support services. (b) (1) If an initial licensee intends to apply for a continuing license, the licensee shall, before the expiration of that initial license, complete professional development and mentoring activities required by rules and regulations promulgated and adopted under this chapter. Such professional development and mentoring activities must include a focus on the acquisition of pedagogical knowledge and the ability to apply that knowledge to meet the needs of the educator’s students. (2) The Department shall create a committee of stakeholders, including teachers, principals, local education agency administrators, representatives of institutions of higher education, representatives of the Delaware State Education Association (DSEA), representatives of the Delaware Association of School Administrators (DASA), and national experts, to gather input and make recommendations on a revised Comprehensive Induction Program that focuses on reinforcing all of the following: a. Pedagogical skills. b. Content knowledge. c. Cultural responsiveness. d. Data-driven instruction. (c) Under the rules and regulations promulgated and adopted under this chapter, the Department may issue an initial license to an applicant with less than 4 years of experience as an educator who is licensed as an educator in another jurisdiction or to an applicant who previously held a valid Delaware license that has since expired. An applicant issued an initial license under this subsection must complete all requirements under subsection (b) of this section. For purposes of this subsection, “educator” means a person licensed in another jurisdiction to engage in the practice of instruction, administration, or other related professional support services in public schools or a person who was an educator as defined in § 1202 of this title and previously held a valid Delaware license that has since expired. (d) An initial license must not be renewed. It may, however, be extended under § 1216 of this title. (e) Notwithstanding subsections (a) and (c) 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 (“skilled and technical sciences” or “STS”) area to complete specified college-level coursework required for certification. (f) Notwithstanding subsection (a) of this section, an initial license may be issued for an applicant who is certified by the United States Department of Defense as a Junior Reserve Officer Training Corps instructor. An initial license issued under this subsection is valid for up to 4 years unless it is revoked. An applicant who is issued an initial license under this subsection must complete all requirements under subsection (b) of this section. (g) The Standards Board shall promulgate regulations necessary to implement this section. (h)-(j) [Repealed.] 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 ; 79 Del. Laws, c. 42, §  2 ; 79 Del. Laws, c. 288, §  1 ; 80 Del. Laws, c. 297, § 1 ; 81 Del. Laws, c. 43, § 1 ; 81 Del. Laws, c. 425, § 8 ; 83 Del. Laws, c. 79, § 1 ; 83 Del. Laws, c. 393, § 2 ; 84 Del. Laws, c. 151, § 1 ; § 1210A Tier Two — Initial licensure [Transferred]. Transferred to § 1210 of this title by 81 Del. Laws, c. 43, § 1, effective June 20, 2017. § 1211 Tier Two — Continuing licensure. (a) A continuing license is valid for 5 years unless extended under § 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 a State of Delaware approved educator evaluation system, during the period of initial licensure. (c) Under the rules and regulations promulgated and adopted under 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 continuing license that has since expired. An applicant under this subsection must have completed 4 or more years of successful experience as an educator to be issued a continuing license. For purposes of this subsection, “educator” means a person licensed in another jurisdiction to engage in the practice of instruction, administration, or other related professional support services in public schools or a person who was an educator as defined in § 1202 of this title and previously held a valid Delaware continuing license that has since expired. (d) Notwithstanding subsection (b) of this section, the Department may issue a continuing license to an applicant who is certified by the United States Department of Defense as a Junior Reserve Officer Training Corps instructor, completes at least 4 years working as a Junior Reserve Officer Training Corps instructor in a school, and applies for a continuing license before July 1, 2024. 72 Del. Laws, c. 294, §  2 ; 74 Del. Laws, c. 14, §  4 ; 75 Del. Laws, c. 77, §  6 ; 80 Del. Laws, c. 297, § 1 ; 81 Del. Laws, c. 43, § 1 ; 83 Del. Laws, c. 79, § 2 ; 84 Del. Laws, c. 151, § 2 ; § 1212 Continuing licensure — Renewal. (a) 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 mentoring requirements as required by the rules and regulations promulgated and adopted under this chapter. (b) For the purpose of this section, “clock-hour” means actual time spent in professional development, not credit hours. (c) 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. (d) The Department shall ensure that a variety of opportunities for professional development are available across different modes that meet a high standard of quality, including evidence-based programs. 72 Del. Laws, c. 294, §  2 ; 72 Del. Laws, c. 295, §  1 ; 81 Del. Laws, c. 43, § 1 ; 83 Del. Laws, c. 79, § 3 ; § 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 shall 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 ; 80 Del. Laws, c. 297, § 1 ; 81 Del. Laws, c. 43, § 1 ; § 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 [For application of repeal of this section, see 85 Del. Laws, c. 186, § 8] [Repealed]. 72 Del. Laws, c. 294, §  2 ; 74 Del. Laws, c. 14, §  5 ; repealed by 85 Del. Laws, c. 186, § 2, effective Sept. 2, 2025. ; § 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 up to 4 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. (e) (1) Notwithstanding any provision of this title to the contrary, a license issued by the Department pursuant to this chapter does not expire for a “qualifying person” as defined in paragraph (e)(4) of this section as follows: a. If the qualifying person holds an initial license, for 180 days after the date the qualifying person returns from active deployment. b. If the qualifying person holds a continuing or advanced license, for 270 days after the date the qualifying person returns from active deployment. (2) A qualifying person who held a valid continuing or advanced license at the time of deployment and who wishes to renew the continuing or advanced license must submit to the Department an application for renewal within 180 days after the qualifying person has returned from active deployment. Applicants for renewal of a continuing license must meet the requirements set forth in § 1212 of this title. Applicants for renewal of an advanced license must meet the requirements set forth in § 1214 of this title. (3) The protection from license expiration provided under this subsection does not void or limit the obligations of the qualifying person to meet all requirements of licensure as established by this chapter and the regulations promulgated thereunder. (4) As used in this section, “qualifying person” means an individual who is a member of the active duty military, a member of the National Guard, a member of the military reserve, retired military, or a military veteran. (f) Notwithstanding any provision of this title to the contrary, a “qualifying person,” as defined in paragraph (e)(4) of this section, or the spouse of a qualifying person, may apply for reinstatement of a license issued by the Department pursuant to this chapter within 2 years of the lapse or expiration of the license. The qualifying person or the spouse of a qualifying person must submit an application to reinstate the license together with a copy of official verification that the applicant is a qualifying person or the spouse of a qualifying person and the qualifying person is assigned to a duty station in this State. This subsection does not apply to a license that was suspended or revoked. 72 Del. Laws, c. 294, §  2 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 14, §  6 ; 75 Del. Laws, c. 77, §  9 ; 80 Del. Laws, c. 297, § 1 ; 81 Del. Laws, c. 43, § 1 ; 83 Del. Laws, c. 508, § 5 ; § 1216A Issuance and renewal of permits [For application of this section, see 85 Del. Laws, c. 186, § 8]. (a) The Department shall issue a permit to an individual who meets all of the following requirements: (1) The individual’s role involves 1 of the following: a. Paraprofessional. b. Other student support personnel, including visiting teacher. c. Substitute teacher hired as an employee of a school district or charter school. d. Substitute teacher seeking certification. e. Student teacher. f. Year-long resident. g. Specialist intern. h. Classroom aide. (2) The individual does not have a license issued under this chapter or an approved professional license issued under Title 24. (3) The individual works at or seeks to be credentialed to work at a public school in Delaware and is in the school either part-time or full time. (4) The individual has met education and training requirements for the permit as determined by the Department and the Standards Board. (b) Permits are valid for up to 5 years unless revoked. (c) Upon application, the Department shall renew a permit for an additional term if the permit holder has completed the specified renewal activities for that permit as required by the rules and regulations promulgated and adopted under this chapter. An intern permit may not be renewed but may be extended until the internship period is completed. 85 Del. Laws, c. 186, § 2 ; § 1217 Denial of licenses and permits [For application of this section, see 85 Del. Laws, c. 186, § 8]. (a) Pursuant to rules and regulations promulgated and adopted pursuant to this chapter, the Department may deny an applicant’s application for a license or permit for failure to meet the qualifications for a license or permit. The Department may further deny a license or permit 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 or permit 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 and issue subpoenas to compel the testimony of witnesses and the production of books, accounts, papers, records, or documents. (d) The burden of proof in a license or permit denial action is on the applicant to show by a preponderance of the evidence that the applicant should not be denied a license or permit because that applicant meets the qualifications for licensure or a permit 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 ; 85 Del. Laws, c. 186, § 2 ; § 1218 Limitation, suspension and revocation of licenses, certificates, or permits [For application of this section, see 85 Del. Laws, c. 186, § 8]. (a) The Secretary may issue a public letter of reprimand, suspend, revoke, or limit a license, certificate, or permit that has been issued to any person pursuant to this chapter, for any of the following causes: (1) Obtaining or attempting to obtain a license, certificate, or permit 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 state assessment system 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) Immorality, incompetence, misconduct in office, wilful neglect of duty, disloyalty, or misconduct involving any cause for suspension or revocation of a license, certificate, or permit provided for in this section. (7) [Repealed.] (8) Having had a license, certificate, or permit 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, certificate, or permit if the license, certificate, or permit holder does any of the following: (1) Pleads guilty or nolo contendere with respect to, or is convicted of any of the following: 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. e. Any crime constituting a felony offense against public administration involving bribery, improper influence or abuse of office. (2) Commits a sexual offense against a child. (3) [Repealed.] (c) The Secretary may automatically suspend any license or permit without a prior hearing if the license or permit holder is arrested or indicted by a grand jury for a violent felony as defined in § 4201(c) of Title 11 or for any crime against a child constituting a felony. 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 or permit holder at that license or permit 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 or permit 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 or for any crime against a child constituting a felony. (3) A license or permit holder whose license or permit 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 or permit holder’s license was mailed. In the event that the license or permit 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 or permit holder pleads guilty or nolo contendere with respect to, or is convicted of, a violent felony as defined in § 4201(c) of Title 11 or any crime against a child constituting a felony, the Secretary shall proceed with revocation under subsection (b) of this section. (5) If the license or permit holder is found not guilty of the underlying criminal charges, a nolle prosequi is entered on the record by this State, or the charges are otherwise dismissed by the court, the license or permit holder may file a written request for license or permit reinstatement, including documentation of the final status of the judicial proceeding, and their license or permit shall be reinstated. If the license or permit expired during the period of suspension, the holder of the former license or permit may reapply for the same tier license or permit that was suspended, but shall meet the license or permit requirements that are in effect at the time of application for the license or permit. (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 or permit. (e) Any license or permit 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 a license or permit 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 or any crime against a child constituting a felony, 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 or permit. (f) Any license or permit holder who has surrendered an educator license or permit or any professional license or certificate or who has had such a license, permit, 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 or permit. (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 or permit holder who is dismissed, resigns, retires, or is otherwise separated from employment with that district or charter school after the local board of education or charter school board of directors provides to the license or permit holder notice of intent to terminate for 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 or permit holder. The reasons for the license or permit 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 or permit holder of any notification received under this subsection to the license or permit 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 or permit holder’s dismissal, resignation, retirement, or other separation from employment. Failure to make such reports shall be grounds on which the Secretary may issue a letter of reprimand, 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 be considered public records under Delaware’s Freedom of Information Act (Chapter 100 of Title 29). If after having received notice of intent to terminate for misconduct in office or immorality, a license or permit holder requests and prevails at a hearing, there is no required report to the Department. (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 or permit holder of any investigation initiated hereunder to the license or permit 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. All final orders issued by either the Secretary or the Professional Standards Board under this section are public documents pursuant to § 10002 of Title 29. (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. A licensee or permit holder may surrender their license, certification, or permit through a consent agreement with the Secretary. Unless otherwise stated in the consent agreement and permitted under other applicable law, the Department must report the surrender of a license, certification, or permit to appropriate state and federal agencies and licensing data banks as a disciplinary action. The surrendered rights and privileges of a licensee and certification, or permit holder may not be reacquired. (k) No action shall be taken 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 personally delivered or sent by certified mail to the person’s last known address. The license or permit 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 or permit disciplinary action shall be on the agency taking official action to establish by preponderance of the evidence that the license or permit 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 or permit. At the conclusion of any such hearing, the Professional Standards Board shall issue a final order finding the facts as determined by the hearing and issuing a public letter of reprimand, revoking, suspending, or limiting the license, permit, or certificate, if appropriate. If no written request for a hearing is received by the Standards Board, the license or permit holder shall be issued a public letter of reprimand, or the license holder’s license or permit holder’s permit shall be deemed to be revoked, suspended, or limited in the manner set forth in the notice, and the holder shall be so notified. ( l ) A license or permit may be suspended for a period of time not to exceed 5 years. The license or permit may be reinstated by the Secretary, upon written request, with verification that all requirements for license or permit renewal have been satisfied. If the license or permit expired during the period of suspension, the holder of the former license or permit may reapply for the same tier license or permit that was suspended but shall meet the license or permit requirements that are in effect at the time of the application for the license or permit. (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 or permit that may include any of the following: (1) Restrictions on the ages of students with whom the license or permit holder may work. (2) Additional supervision requirements. (3) Education, counseling, or psychiatric examination requirements. (n) If a decision of license or permit 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 or permit 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 or permit shall be reinstated. (o) An individual whose license or permit has been revoked under subsection (a) of this section may petition the Secretary for reinstatement of the license or permit 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 (o)(1) of this section. (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 this 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. 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 or permit 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 or permit revoked under subsection (b) of this section or suspended under subsection (c) of this section may not be reinstated under this subsection. A license or permit revoked under paragraph (b)(1) of this section may only be reinstated pursuant to subsection (n) of this section and a license or permit 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 and issue subpoenas to compel the testimony of witnesses and the production of books, accounts, papers, records, and documents. (q) Notice of the public letter of reprimand, limitation, revocation, suspension, or reinstatement of a license or permit 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 or permit holder and the Department or Standards Board provided for in this section shall be by certified mail, with a return receipt or via electronic mail if requested by the license or permit holder. (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, 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 ; 78 Del. Laws, c. 53, §  45 ; 80 Del. Laws, c. 297, § 1 ; 81 Del. Laws, c. 43, § 1 ; 81 Del. Laws, c. 317, § 1 ; 85 Del. Laws, c. 186, § 2 ; § 1218A Temporary suspension pending hearing [For application of this section, see 85 Del. Laws, c. 186, § 8]. (a) In the event of a complaint concerning the activity of a person licensed, permitted, or certified that presents a clear and immediate danger to the health, safety, or welfare of students, the Secretary may temporarily suspend the person’s license, permit, or certificate, pending a hearing. An order temporarily suspending a license, permit, or certificate under this section may not be issued unless the person or the person’s attorney received at least 72 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney can file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing convenes and a decision is rendered. (b) A person whose license, permit, or certificate has been temporarily suspended pursuant to this section must be notified of the temporary suspension immediately and in writing. Notification consists of a description of the complaint and the order of temporary suspension pending a hearing personally served upon the person or sent by certified mail, return receipt requested, to the person’s last known address. (c) A person whose license, permit, or certificate has been temporarily suspended pursuant to this section may request an expedited hearing. The Professional Standards Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 10 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license, permit, or certificate. (d) As soon as possible after the issuance of an order temporarily suspending a person’s license, permit, or certificate pending a hearing, the Board shall appoint a hearing examiner. After notice to the person pursuant to subsection (b) of this section, the hearing examiner shall convene within 60 days of the date of the issuance of the order of temporary suspension to consider the evidence regarding the matters alleged in the complaint. If the person requests in a timely manner an expedited hearing, the hearing examiner shall convene within 15 days of the receipt of the request by the Board. The hearing examiner shall render a decision within 20 days of the hearing. (e) In addition to making findings of fact, the hearing examiner shall also determine whether the facts found constitute a clear and immediate danger to the health, safety, or welfare of students. If the hearing examiner determines that the facts found constitute a clear and immediate danger to the health, safety, or welfare of students, the order of temporary suspension must remain in effect until the Board deliberates and reaches conclusions of law based upon the findings of fact made by the hearing examiner. An order of temporary suspension may not remain in effect for longer than 60 days from the date of the decision rendered by the hearing examiner unless the suspended person requests an extension of the order pending a final decision of the Board. Upon the final decision of the Board, an order of temporary suspension is vacated as a matter of law and is replaced by the disciplinary action, if any, ordered by the Board. 81 Del. Laws, c. 317, § 1 ; 85 Del. Laws, c. 186, § 2 ; § 1218B Nondisciplinary letter of concern [For application of this section, see 85 Del. Laws, c. 186, § 8]. (a) If the Secretary determines after the investigation that a violation of this chapter or of regulations enacted pursuant to this chapter which warrants formal disciplinary action has not occurred, but that an act or omission of the person is a matter of concern and that the person's practice may be improved if the person is made aware of the concern, the Secretary may issue a nondisciplinary, confidential letter of concern regarding the person's act or omission. (b) If a person licensed, permitted, or certified receives a total of 3 letters of concern pursuant to this section addressing the same or substantially similar conduct, the Secretary may reasonably impose any of the restrictions of § 1218(m)(3) of this title in order to protect the health, safety, or welfare of the person’s current or prospective students. 81 Del. Laws, c. 317, § 1 ; 85 Del. Laws, c. 186, § 2 ; § 1219 Disclosure [For application of this section, see 85 Del. Laws, c. 186, § 8]. Pursuant to the rules and regulations promulgated and adopted under this chapter, the Department shall require each applicant for a license or permit 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 or permit under § 1217 of this title, revocation of a license or permit under § 1218 of this title, and criminal prosecution under subchapter I of Chapter 3 of Title 31. 72 Del. Laws, c. 294, §  2 ; 70 Del. Laws, c. 186, §  1 ; 80 Del. Laws, c. 297, § 1 ; 85 Del. Laws, c. 186, § 2 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 1220 Standard certificate [For application of this section, see 83 Del. Laws, c. 339, § 38]. (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. (b) Notwithstanding the provisions of subsection (a) of this section, the Department shall issue a standard certificate to an applicant who: (1) Meets the requirements for licensure and holds a valid and current license or certificate from another state; or (2) Meets the requirements for a Meritorious New Teacher candidate designation adopted pursuant to § 1203 of this title. (c) [Repealed.] 72 Del. Laws, c. 294, §  2 ; 74 Del. Laws, c. 14, §  7 ; 79 Del. Laws, c. 42, §  3 ; 83 Del. Laws, c. 339, § 38 ; 83 Del. Laws, c. 400, § 1 ; 83 Del. Laws, c. 400, § 2 ; § 1221 Emergency certificate and ce