DEPARTMENT OF EDUCATION
Professional Standards Board
FINAL
ORDER
1517 Paraeducator Permit
I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED
Pursuant to 14 Del.C. §§1203, 1205(b), and 1220, the Professional Standards Board ("Board"), acting in consultation and cooperation with the Delaware Department of Education ("Department"), developed amendments to 14 DE Admin. Code 1517 Paraeducator Permit. The regulation concerns the requirements for a Paraeducator Permit. The proposed amendments in this regulation include revising subsection 4.1.1.1, which concerns the requirements for an applicant for an Instructional Paraeducator Permit to clarify that a secondary credential approved by a state can also be used to qualify for a permit. Identical revisions are found in subsections 5.1.1 concerning the requirements for a Service Paraeducator Permit, and in 7.3.1 and 7.4.1 concerning the application process. The proposed amendments include grammatical and style changes to comply with the Delaware Administrative Code Drafting and Style Manual.
Notice of the proposed regulation was published in the Register of Regulations on January 1, 2025. The Board received two written submittals concerning the proposed regulation. Ann C. Fisher, Chairperson of the Governor's Advisory Council for Exceptional Citizens ("GACEC") commented that GACEC "supports the proposed changes because they appear to encourage more paraeducators to serve in the educational system in Delaware." Susannah Ryan-Eaton, Chairperson of the State Council for Persons with Disabilities ("SCPD") commented that SCPD supports the proposed changes as they appear to create flexibility in the requirements for paraeducators.
II. ASSESSMENT OF THE IMPACT ON ACHIEVEMENT OF THE STATE'S GREENHOUSE GAS EMISSIONS REDUCTION TARGETS AND RESILIENCY TO CLIMATE CHANGE
The Secretary of Education has reviewed the proposed regulation as required by 29 Del.C. §10118(b)(3) and has determined that any assessment of the impact of the proposed regulation is not practical.
III. FINDINGS OF FACTS
On February 6, 2025, the Board considered the two written submittals and determined that further changes as a result of the written submittals were not necessary. The Board voted to propose 14 DE Admin. Code 1517 Paraeducator Permit, in the form attached hereto as Exhibit A, for adoption by the Department subject to the State Board of Education's approval.
The Department finds that the proposed amendments to the regulation are necessary to implement 14 Del.C. Ch. 12 and are designed to improve the quality of the Delaware educator workforce and to improve student performance. Accordingly, the Department finds that it is appropriate to amend 14 DE Admin. Code 1517 Paraeducator Permit.
IV. DECISION TO AMEND THE REGULATION
For the foregoing reasons, the Department concludes that it is appropriate to amend 14 DE Admin. Code 1517 Paraeducator Permit subject to the State Board of Education's approval. On February 20, 2025, the State Board of Education approved amending 14 DE Admin. Code 1517 Paraeducator Permit. Therefore, pursuant to 14 Del.C. §§1203, 1205(b), 14 DE Admin. Code 1517 Paraeducator Permit, attached hereto as Exhibit A, is hereby amended.
V. TEXT AND CITATION
The text of 14 DE Admin. Code 1517 Paraeducator Permit amended hereby shall be in the form attached hereto as Exhibit A and said regulation shall be cited as 14 DE Admin. Code 1517 Paraeducator Permit in the Administrative Code of Regulations for the Department.
VI. EFFECTIVE DATE OF ORDER
The effective date of this Order shall be ten days from the date this Order is published in the Register of Regulations.
IT IS SO ORDERED the 20th day of February, 2025.
Department of Education
Cynthia Marten, Secretary of Education
Approved this 20th day of February, 2025.
State Board of Education
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/s/ Shawn Brittingham, President |
/s/ Rev. Provey Powell, Jr. |
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/s/ Deborah Stevens, Vice President |
/s/ James L. Simmons III |
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/s/ Meredith L. Griffin, Jr. |
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/s/ Rajalakshmi Lodhavia |
*Please note: Electronic signatures ("/s/") were accepted pursuant to 6 Del.C. §12A-107(d).
1517 Paraeducator Permit
This regulation shall apply to paraprofessional qualifications and training for issuance and renewal of a Paraeducator Permit pursuant to 14 Del.C. §1205(b). The Paraeducator Permit is required of instructional paraeducators and service paraeducators who are employed, either full time or part time, in support positions in Delaware public schools. The Paraeducator Permit is required of all instructional and service paraeducators, regardless of their employment date.
The following words and terms, when used in this regulation, shall have the following meaning:
"Action research" means a process by which educational issues and problems are identified and researched at either the school or the classroom level. By integrating current research into these settings and engaging the relevant educators in research activities, the findings can be applied immediately to solve the targeted problems more quickly.
"Activity Documentation Form" means the official form approved by the Department that includes specific details about the activity to be used for Paraeducator Permit renewal.
"Clock hour" means actual time spent in professional development, not credit hours.
“Department” means the Delaware Department of Education.
"Educational project" means an individual professional growth project of 15 or more clock hours, including a research project not related to a course for which credit is claimed, completed to enhance the individual's professional practice, with the development of a final product or report.
"Employing authority" means any entity which employs educators, and includes, but is not limited to, school districts, charter schools, boards of directors, and management companies.
“Immorality” means conduct which is inconsistent with the rules and principles of morality expected of an educator or paraeducator and may reasonably be found to impair an educator’s or paraeducator’s effectiveness by reason of the educator's or paraeducator's unfitness or otherwise.
“Instructional paraeducator” means a public school employee who provides one-on-one or small group instruction; assists with classroom management or individual student behavior; provides assistance in a computer laboratory; provides support in a library or media center; assists in training and support with functional skill activities, such as personal care or assistive technology; or provides instructional services to students under the direct supervision of a teacher. Instructional paraeducators include those working with regular education students and students with disabilities in Title I schoolwide schools and with students receiving Title I services in Title I targeted assistance schools. Instructional paraeducators include Registered Behavior Technicians (RBTs) and Applied Behavior Analysis Technicians (ABATs).
"Micro-credential" means evidence-based professional development activities that are competency-based, personalized, on-demand, and sharable.
“Paraeducator” means a paraprofessional as it is defined in 14 Del.C. §1202(10) and as it is used in 14 Del.C. §1205(b). Paraeducators are not "educators" within the meaning of 14 Del.C. §1202(6).
“Permit” means a document issued by the Department that verifies an individual's qualifications and training to serve as an instructional or service paraeducator.
"Professional development" means a combination of focused, in-depth learning, practice, feedback, reflection, and expert support experiences designed to change participants' attitudes, insights, and perspectives and ultimately results in improved professional practice.
“Secretary” means the Secretary of the Delaware Department of Education.
“Service paraeducator” means a public school employee who provides support services other than instructional assistance to students, but does not include bus aides.
“Standards Board” means the Professional Standards Board pursuant to 14 Del.C. Ch. 12.
3.1 In accordance with 14 Del.C. §1205(b), the Department shall issue a Paraeducator Permit to an applicant who:
3.1.1 Meets the requirements for issuance of an Instructional Paraeducator Permit as set forth in Section 4.0 of this regulation; or
3.1.2 Meets the requirements for issuance of a Service Paraeducator Permit as set forth in Section 5.0 of this regulation.
3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Paraeducator Permit if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
4.1 In order to practice as an instructional paraeducator in a Delaware public school, an individual must hold an Instructional Paraeducator Permit.
4.1.1 In accordance with 14 Del.C. §1205(b), the Department may issue an Instructional Paraeducator Permit to an applicant who has satisfied 1 of the requirements in subsections 4.1.1.1 through 4.1.1.5.
4.1.1.1 The applicant holds a high school diploma or its recognized equivalent diploma, the equivalent of a high school diploma approved by a state, or a secondary credential approved by a state and achieved a minimum score of 459 or higher on the ParaPro Assessment.
4.1.1.2 The applicant completed at least 2 years of instruction in general or educational studies at a postsecondary institution that is accredited by an accrediting body recognized by the United States Secretary of Education as a reliable authority concerning the quality of education or training offered by the postsecondary institutions or programs the accrediting body accredits.
4.1.1.2.1 For the purpose of subsection 4.1.1.2, 2 years of instruction means a minimum of 60 semester hours unless the applicant provides documentation that the applicant's postsecondary institution defines 2 years of full-time study as the successful completion of a minimum of 48 semester hours.
4.1.1.2.2 The applicant shall have earned a "C" or better in each course the applicant seeks to have counted toward the minimum semester hours required.
4.1.1.2.3 Developmental level or remedial courses shall not be included in the calculation of semester hours.
4.1.1.3 The applicant holds an associate's degree, awarded for the successful completion of a program of studies that required at least 2 years of full-time college-level study or the equivalent, or a higher degree conferred by a postsecondary institution that is accredited by an accrediting body recognized by the United States Secretary of Education as a reliable authority concerning the quality of education or training offered by the postsecondary institutions or programs the accrediting body accredits.
4.1.1.4 The applicant holds a Registered Behavior Technician (RBT) certificate issued by the Behavior Analyst Certification Board.
4.1.1.5 The applicant holds an Applied Behavior Analysis Technician (ABAT) certificate issued by the Qualified Applied Behavior Analysis Credentialing Board.
4.1.2 An applicant who holds a permit or the equivalent to practice as an instructional paraprofessional issued by another state or jurisdiction shall meet the requirements of subsection 4.1.1 in order for the Department to issue the applicant an Instructional Paraeducator Permit.
5.1 In order to practice as a service paraeducator in a Delaware public school, an individual must hold a Service Paraeducator Permit.
5.1.1 In accordance with 14 Del.C. §1205(b), the Department may issue a Service Paraeducator Permit to an applicant who holds a high school diploma or its recognized equivalent diploma, the equivalent of a high school diploma approved by a state, or a secondary credential approved by a state.
5.1.2 An applicant who holds a permit or the equivalent to practice as a service paraprofessional issued by another state or jurisdiction shall meet the requirements of subsection 5.1.1 in order for the Department to issue the applicant a Service Paraeducator Permit.
6.1 For an applicant whose Paraeducator Permit has expired, a Paraeducator Permit may be reissued to the applicant who meets all of the requirements in subsections 6.1.1 through 6.1.2.
6.1.1 The applicant shall have previously held a Delaware Instructional or Service Paraeducator Permit that expired prior to the date of the application; and
6.1.2 The applicant shall have completed 15 clock hours of professional development within 5 years prior to date of the application.
7.1 An applicant must disclose the applicant's criminal conviction history upon application for a Paraeducator Permit. Failure to disclose a criminal conviction history is grounds for denial of a Paraeducator Permit as specified in 14 Del.C. §1219.
7.2 The Department will not process an application for a Paraeducator Permit until the applicant has submitted all of the required documentation.
7.3 For applicants who are applying for the Instructional Paraeducator Permit under subsection 3.1.1, the documentation in subsections 7.3.1 through 7.3.6 is required with the application.
7.3.1 Proof the applicant holds a high school diploma or its recognized equivalent diploma, the equivalent of a high school diploma approved by a state, or a secondary credential approved by a state, if applicable.
7.3.2 Proof the applicant achieved the minimum score on the ParaPro Assessment as provided in subsection 4.1.1.1, if applicable.
7.3.3 Official transcript from the applicant's postsecondary institution, if applicable.
7.3.3.1 Electronic transcripts may be submitted by the employing authority or by the applicant's postsecondary institution.
7.3.3.2 Sealed paper transcripts may be submitted.
7.3.3.3 The Department will not accept copies of transcripts.
7.3.4 Proof the applicant holds a Registered Behavior Technician (RBT) certificate issued by the Behavior Analyst Certification Board, if applicable.
7.3.5 Proof the applicant holds an Applied Behavior Analysis Technician (ABAT) certificate issued by the Qualified Applied Behavior Analysis Credentialing Board.
7.3.6 Additional documentation as required by the Department.
7.4 For applicants who are applying for the Service Paraeducator Permit under subsection 3.1.2, the documentation in subsections 7.4.1 and 7.4.2 is required with the application.
7.4.1 Proof the applicant holds a high school diploma or its recognized equivalent diploma, the equivalent of a high school diploma approved by a state, or a secondary credential approved by a state.
7.4.2 Additional documentation as required by the Department.
7.5 For applicants who are applying for reissuance of the Paraeducator Permit under subsection 6.1, the documentation in subsection 7.5.1 and 7.5.2 is required with the application.
7.5.1 Proof the applicant previously held a Delaware Paraeducator Permit that expired.
7.5.2 Proof the applicant has completed 15 clock hours of professional development in the 5 years preceding the date of the application.
8.1 In order to continue practicing as a paraeducator in a Delaware public school, a paraeducator who holds a Paraeducator Permit shall renew the paraeducator's Paraeducator Permit prior to the expiration date. Pursuant to 14 Del.C. §1205(b), the Department may renew a paraeducator's Paraeducator Permit for an additional 5-year term if the paraeducator completed 15 clock hours of professional development during the term of the paraeducator's Paraeducator Permit.
8.1.1 Professional development activities for renewal are listed in Section 9.0. The criteria for determining if a professional development activity is acceptable for clock hour credit are set forth in subsections 8.1.1.1 through 8.1.1.4.
8.1.1.1 The activity must be 1 of the renewal activities in Section 9.0; and
8.1.1.2 The activity must be completed during the term of the paraeducator's current Paraeducator Permit; and
8.1.1.3 Completion of the activity must be documented; and
8.1.1.4 The activity must enhance the paraeducator's understandings and abilities in the paraeducator's job.
8.1.2 The paraeducator is responsible for obtaining approval from the paraeducator's employing authority before participating in a professional development activity.
8.1.3 The paraeducator is responsible for obtaining documentation of the paraeducator's participation in and completion of a professional development activity from the individual, school or school district, or other entity that organizes and conducts the activity.
8.1.4 Professional development activities which fulfill the criteria for renewal for which paraeducators receive compensation may be submitted in fulfillment of the 15 clock hour requirement for renewal.
8.2 Application for Renewal
8.2.1 An applicant must disclose the applicant's criminal conviction history upon application for renewal of a Paraeducator Permit. Failure to disclose a criminal conviction history is grounds for denial of a Paraeducator Permit as specified in 14 Del.C. §1219.
8.2.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application to renew a Paraeducator Permit if the applicant is under official investigation by any national, state, or local authority with the power to issue educator licenses or certifications. The Department shall not act where the allegations include but are not limited to conduct such as immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation's resolution.
8.2.3 The Department will not process an application to renew a Paraeducator Permit until the applicant has submitted all of the required documentation. The following documentation is required to be submitted to the Department with the application for renewal of a Paraeducator Permit:
8.2.3.1 A completed renewal application; and
8.2.3.2 Documentation to verify participation in and completion of professional development activities if required by the Department; and
8.2.3.3 Additional documentation as required by the Department.
8.2.4 Each activity must be verified by the applicant's employing authority as provided in Section 9.0. Even if an activity has been verified by the applicant's employing authority, the Department ultimately determines whether an activity satisfies the requirements for renewal of a Paraeducator Permit. If, at the time of application, the applicant is not employed by an employing authority in Delaware, the applicant must submit the documentation required to verify the applicant's participation in and completion of each activity to the Department as provided in Section 9.0.
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ACTIVITY
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HOUR VALUE
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CRITERIA
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VERIFICATION
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Action research or other educational project
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Verified clock hours completing action research or other educational project.
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The verified clock hours shall be accrued during the action research or other educational project. The documented goal for the paraeducator shall be a product and a new set of paraeducator knowledge and skills. These shall complement the school, district, or charter school’s success plan or State’s initiative and shall be focused on student learning. A product shall be made available for verification.
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A certificate of participation or a completed Activity Documentation Form as well as the final product which documents the goals and results of the action research or other education project.
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Certification activities required to retain a State or national professional credential
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Verified clock hours involved in recertification activities.
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The certification to maintain a State or national professional credential as required in the applicable regulation or by the applicable body.
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A certificate of attendance and the original certificate of completion for Continuing Education Units (CEUs).
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College course
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Clock hours may be accrued where 1 semester hour equals 15 hours and 1 quarter semester hour or Continuing Education Unit (CEU) equals 10 hours.
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The course shall be completed within a matriculated bachelor's, master's, or doctoral program or a graduate level course of study at or through a regionally accredited college or university or other Department-approved provider. The course shall be taken at a regionally accredited college or university for credit. The educator shall attain a grade of "C" or better (or a "P" in Pass / Fail course).
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Official transcripts, original grade slips, or an original certificate of completion for Continuing Education Units (CEUs).
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Curriculum development, assessment development, or both
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Verified clock hours of service.
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The documented goal is a curricular component, an encompassing assessment, or both a curricular component and an encompassing assessment. A product shall be made available for verification.
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A certificate of participation or the completed Activity Documentation Form as well as the final product.
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Mentoring or coaching through a comprehensive educator induction program
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Verified clock hours involved in mentoring or coaching activities.
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Documentation of the lead coach, coach, or mentor that involves observation, feedback, training, presentations, facilitation of professional learning communities, professional learning, and other activities directly related to the preparation and guidance of mentees or coaches within a Comprehensive Educator Induction Program.
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A completed Activity Documentation Form.
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Micro-credential
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Verified clock hours of completed micro-credentials through a Department-approved issuer.
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Verified hours for successfully completing, preparing, and submitting evidence based on evaluation criteria. Paraeducators must demonstrate their competence via evidence submitted and reviewed by trained evaluators.
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The paraeducator's credentialing documentation must be completed and approved by the micro-credential evaluator.
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Planned professional development activity or program
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Verified clock hours of service or experience.
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The planned professional development activity or program shall focus on the paraeducator's or the school's success plan which may be targeting curriculum, instruction, assessment, school climate, or an other identified need or shall be related to the paraeducator's work with students or staff. The activity or program may be in-State or out-of-State and held in-person or virtually.
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A certificate of participation or other documentation to verify attendance.
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Presentation
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Verified clock hours of presentation and preparation as a workshop or conference presenter or course instructor. The ratio of preparation to presentation is 3:1. Each presentation topic may be submitted 1 time.
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The presentation shall be related to the individual's professional responsibilities and shall contribute to the education profession or add to the body of knowledge in the paraeducator's specific field. The presentation shall be made at a local, state, regional or national conference.
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The completed Activity Documentation Form and conference agenda listing the presentation.
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Professional committee, conference, workshop, institute or academy
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Verified clock hours of service or experience.
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The paraeducator may include time spent in those portions of the professional committee, conference, workshop, institute, or academy that contribute to the paraeducator’s knowledge and skills, competence, performance or effectiveness in education that are directly connected to the paraeducator's or the school's success plan or State initiative. This activity includes workshops offered by districts or other employing authorities either as part of a professional development day or during after school hours. Examples of expected student or paraeducator outcomes are anticipated. The professional committee, conference, workshop, institute, or academy may be in-State or out-of-State and held in-person or virtually.
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The completed Activity Documentation Form, the original certificate of attendance or completion or a letter from the professional committee, conference, workshop, institute or academy staff.
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Professional Learning Community (PLC)
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Verified clock hours of participation.
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The paraeducator shall be a contributing member of a formal or informal professional learning community whose documented goal for participants is a product or new set of knowledge and skills which are focused on student learning. The PLC must consist of a group of paraeducators with the following attributes: supportive and shared leadership, collective creativity, shared values and vision, supportive conditions, shared personal practice, and focus on improving student learning with an accountability measure built into their process.
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A certificate of participation or the completed Activity Documentation Form.
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Paraprofessional of the year or other district, state, or national recognition award or program activities
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Verified clock hours involved in the application and selection process activities that do not fall under 1 of the activities above.
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Candidates for paraprofessional of the year at the building, district, or state level may use hours that they have accrued in the application and selection process. Activities required for consideration for district, state, or national recognition awards or programs may also be included.
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The completed Activity Documentation Form.
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10.1 For an applicant who applied for and met the requirements of the Paraeducator Permit under subsections 3.1.1 or 3.1.2, the Paraeducator Permit is issued for a period of 5 years.
10.2 For an applicant who applied for and met the requirements for renewal of the applicant's Paraeducator Permit under Section 8.0, the Paraeducator Permit may be renewed for a 5-year period.
11.1 In order to retain a Paraeducator Permit, the paraeducator shall:
11.1.1 For a paraeducator who was issued a Paraeducator Permit under subsection 4.1.1.4, hold and maintain the Registered Behavior Technician certificate issued by the Behavior Analyst Certification Board.
11.1.2 For a paraeducator who was issued a Paraeducator Permit under subsection 4.1.1.5, hold and maintain the Applied Behavior Analysis Technician certificate issued by the Qualified Applied Behavior Analysis Credentialing Board.
11.2 If a paraeducator fails to meet any of the requirements related to retaining a Paraeducator Permit, the paraeducator shall immediately notify the Department in writing.
11.3 The requirements set forth in subsection 11.1 apply to all paraeducators regardless of the date the Paraeducator Permit was issued.
12.1 A paraeducator's Paraeducator Permit may be revoked, suspended, or limited for cause as provided in 14 DE Admin. Code 1514 Limitation, Suspension, and Revocation of Licenses, Certificates, and Permits or for the paraeducator's failure to comply with the requirements related to the retention of a Paraeducator Permit as provided in Section 11.0.
12.2 A paraeducator's Paraeducator Permit shall be revoked if the paraeducator made a materially false or misleading statement in the paraeducator's application in accordance with 14 Del.C. §1222.
12.3 A paraeducator whose Paraeducator Permit is noticed for disciplinary action is entitled to a full and fair hearing before the Standards Board. Hearings shall be conducted in accordance with 14 DE Admin. Code 1515 Hearing Procedures and Rules.
13.1 All applicants and paraeducators are required to update their contact information in Delaware Educator Data System (DEEDS) if their contact information changes.
13.2 A paraeducator who legally changes the paraeducator's name and wishes to change the name on the Paraeducator Permit shall provide a notarized copy of evidence of the name change such as a marriage license or court action.
13.3 An applicant or paraeducator whose mailing address, email address, or phone number changes, shall provide the Department with the new mailing address, email address, or phone number within 14 calendar days of the change.
The Department shall recognize a Title I Paraeducator Permit that was issued by the Department prior to the effective date of this regulation. An individual holding such a Title I Paraeducator Permit shall be considered permitted to work as an instructional paraeducator.
