Teacher License & Student Protection Senate Bill #234 Passes Delaware Senate, Heads To House

Senate Bill #234

After a fresh overnight look at the language of Senate Bill #234, the legislation passed unanimously in the Delaware Senate.  The bill gives the Delaware Secretary of Education the authority to immediately suspend a teacher’s license in the event of an arrest for certain crimes against a child.

The bill was released from the Senate Education Committee yesterday.  It was placed on the agenda for the Senate later that afternoon.  During discussion of the bill, Senator Anthony DelCollo wanted some clarification on the legalese in the bill.  Senator Bryan Townsend laid the bill on the table to take a second look at the language of the bill but it cleared that hurdle because no amendment was placed with the bill and went to a full Senate Vote.  Today, 18 Delaware Senators voted yes on SB 234.  Three were absent.

Senate Bill #234 will go to the House Education Committee.  I anticipate this being placed on the agenda for next Wednesday.

Currently, the ability of the Department to take licensure action (i.e., suspension, revocation, limitation) is, in certain cases, contingent upon the public school employer first taking employment action (i.e., dismissal, termination). The Department believes that its ability, as the agency issuing professional teaching credentials to educators, to undertake licensure action should be separate from any action by the public school employer. Further, the Department seeks to expand the circumstances in which the Secretary may automatically suspend teaching credentials, specifically to include situations involving felony crimes against a children or where there is a clear and immediate danger to student safety or welfare. This bill removes the requirement of employment action before disciplinable offenses may be handled by the Department, making this licensure disciplinary structure consistent with how other licensed professions are handled in this State. The bill also creates the power to impose temporary emergency suspensions in those rare instances where a teacher poses a threat to student health, safety, or welfare. Finally, this bill creates the confidential letter of concern that is non-disciplinary and may be used in those instances where a teacher’s behavior is not in violation of the code, but indicative of a practice that is a matter of concern. These two provisions also make teacher licensure discipline more similar to other licensed professions in the State.                    

Proposed Legislation Would Give Delaware Secretary Of Education Authority To Suspend Teacher Licenses In Certain Felony Situations

Teacher License Suspension

A piece of Delaware legislation that is out for consideration would seek to have the Delaware Secretary of Education obtain the authority to suspend a teacher’s license under certain felony crimes or a clear and immediate danger to students prior to certain actions taken by a school district or charter school.  Similar to a bill Speaker of the House Pete Schwartzkopf put out a couple of years ago, this one defines the types of felonies that could warrant the Secretary exercising this type of authority.  The bill is sponsored by Senators Bryan Townsend and David Sokola and State Representatives Earl Jaques and Pete Schwartzkopf.

The synopsis of the bill is as follows:

Gregory Coverdale Resigned From The State Board of Education & Other State Board News

Delaware State Board of Education

The Delaware State Board of Education has a vacancy!  Board member Gregory Coverdale resigned before the November State Board meeting and it was announced by President Dennis Loftus at the meeting.  His term expired prior to that but he decided to continue his seat until a replacement was found.  Coverdale was unable to continue serving due to work commitments.  Chances are good Governor John Carney will wait until the new year to nominate Coverdale’s replacement.  The 149th General Assembly returns in mid-January.

The State Board of Ed has their next meeting on December 14th, at 5pm.  The big news will be the charter school renewal-palooza with five schools awaiting the big decision.  Public comment on those renewals ended today.  Academia Antonia Alonso, Early College High School, First State Montessori Academy, Sussex Academy, and Thomas Edison Charter School are all up for renewal.  Delaware Secretary of Education will announce her recommendation for each school and then the State Board will vote on each school.

Other items on the agenda for the State Board meeting include an update on the State Board’s Literacy Campaign, a presentation on the DPAS Annual Report, a Regulation dealing with matching Delaware state code with Federal Law concerning visually impaired students, a Regulation about Financial Literacy and Computer Science standards, a few Regulations from the Professional Standards Board on teacher licensure, and a couple of information items about appeals between students and the Smyrna School District.

What is NOT on the agenda is Regulation 225.  For those who don’t know, the Regulation received 11,000 comments which will take some time for Secretary Bunting to review.  She did thank all who submitted public comment.  This information appeared on the agenda for the meeting on Thursday concerning Regulation 225:

The public comment period for proposed 225 Prohibition of Discrimination Regulation closed on December 4, 2017. The Department received more than 11,000 comments, which deserve careful review before a decision is made. Secretary Bunting is asking the Development Team to reconvene in January to review the comments and make recommendations for changes to the regulation. If substantive changes are made, the regulation will be published in the Register again with another 30-day public comment period before any decision on a final regulation is made.

Secretary Bunting thanks, those who shared their feedback during the formal comment period. All comments received will be posted online so the public, as well as committee members, can review them prior to the January Development Team meeting.

I expect a full house with the charter renewals so if you plan on attending I would get there early!  Good luck to Greg Coverdale in his future endeavors!

Some Big Education Bills Up For A Vote Today In The Delaware General Assembly

Education Legislation

Cursive.  Educator Licensure.  Child Abuse Training.  Bullying.  Gang Detection.  Public School Enrollment for children in custody of DSCYF.  These are the biggest education bills up for a vote today in the Delaware House of Representatives and the Senate.  Two will go to the House and two to the Senate if they pass.  What are these bills?

House Bill #70:

This is State Rep. Andria Bennett’s cursive bill.  It was released from the House Education Committee in April.  It would make cursive instruction mandatory in all Delaware public schools.  It has many in support of the bill, but quite a few are opposed to it as well.

Under current educational standards, students are no longer required to be taught cursive writing and many schools have abandoned teaching cursive writing to students. As cursive writing is still an imperative skill in many professions, this bill makes teaching cursive writing a requirement for all public schools in Delaware.     

VIEW HB70

House Substitute 1 for House Bill #143:

State Rep. Kim Williams’ HS1 for HB #143 deals with teacher licensure and the Praxis exam.

This Act removes the provisional license and re-establishes a 3 tiered licensure system. An initial license provides for two years for the initial licensee to obtain a passing score on an approved performance assessment. This Act provides for reciprocity for a state-created and approved performance assessment from another state or jurisdiction to meet the performance assessment requirement. This Act also eliminates the general knowledge exam for licensure which will result in a savings to the candidate of a range of $100 to $150. Additionally, this Act provides for a reimbursement of no less than $100 to a license holder who meets the performance assessment requirement and becomes employed in a Delaware public school. The Department will be responsible for training local district and school staff on the performance assessment. Additionally, the Department of Education leadership, including the Secretary of Education will be trained on the performance assessment. For enactment, any individual provided an initial license prior to the enactment date will not be subject to the requirement of obtaining a passing score on a performance assessment. Additionally, any individual provided a provisional license prior to the enactment date will be reissued an initial license and the 2 year requirement for meeting the performance assessment will become effective commencing on the new issue date. The remainder of the bill makes conforming changes to cross-references and license designations.

VIEW HS1 FOR HB143

Senate Bill #87:

Senator Margaret Rose Henry’s bill deals with children in the custody of the Department of Services for Children, Youth and Their Families.  The Every Student Succeeds Act has certain provisions dealing with these students and this legislation would bring Delaware in synch with that requirement under the McKinney-Vento Act.

This Act updates the school stability law for children in the custody of the Department of Services for Children, Youth and Their Families (DSCYF) following passage of the federal Every Student Succeeds Act (ESSA), which reauthorizes the Elementary and Secondary Education Act (ESEA). ESSA requires Delaware to eliminate the provision “awaiting foster care placement” under § 202(c), Title 14 in accordance with the federal McKinney Vento Homeless Assistance Act by December 10, 2017, and instead create a distinct provision regarding school stability for children in the custody of DSCYF. [42 U.S.C. §§ 11431 to 11435; ESEA section 1111(g)(1)(E)(i)-(iii)), 20 U.S.C. §6311(g)(1)(E)]. This Act clarifies that children in the custody of DSCYF remain entitled to attend their school of origin if it is in their best interests to do so, or are eligible for immediate enrollment in a new school. Sections 1, 2, and 3 of this Act take effect on the effective date of final regulations published in the Register of Regulations and promulgated under authority granted by § 202A(d) of Title 14, which is created by Section 2 of this Act.   

View SB #87

Senate Bill #102:                  

Another Senator Henry bill.  This bill is similar to last year’s Senate Bill dealing with bullying and child abuse training for educators.  This has A LOT of provisions in it.  It was heard in the Senate Education Committee meeting yesterday.  The Delaware DOE, DOJ, and the Office of the Child Advocate worked on this one for a long time.

This Act consolidates Delaware law related to child abuse and child sexual abuse training and detection, suicide prevention, bullying, criminal youth gang detection, and teen dating violence and sexual assault into one subchapter of Chapter 41, Title 14 of the Delaware Code and develops a non-academic training program that coordinates the trainings school district and charter school employees are required to receive. In addition to streamlining non-academic trainings, this Act provides school districts and charter schools with flexibility to meet current and future non-academic training needs of school district and charter school employees, students, and parents. This Act applies to all public schools, including charter schools and vocational technical schools. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, ensure consistency within the new subchapter, and make references throughout the Code consistent based changes to certain Code designations made by this Act.                    

View SB #102

House Agenda for 6/8/2017

Senate Agenda for 6/8/2017