DEPARTMENT OF EDUCATION

Professional Standards Board

Statutory Authority: 14 Delaware Code, Sections 1203, 1205(b), and 1220 (14 Del.C. §§1203, 1205(b), & 1220)

14 DE Admin. Code 1571

FINAL

ORDER

1571 Special Education Teacher of Students with Disabilities

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 1571 Special Education Teacher of Students with Disabilities. The regulation concerns the requirements for a Special Education Teacher of Students with Disabilities Standard Certificate in accordance with 14 Del.C. §1220. The proposed amendments in this regulation include adding subsection 4.1.2 which outlines added literacy coursework as required by 14 Del.C. §1280 (c)(3). Additional proposed amendments include, in Section 2.0, revising the definition of "Regionally Accredited" based on the changes the U.S. Department of Education made to its recognition of accrediting bodies, amending the definition of the term "Employing Authority" to eliminate a redundant phrase, and amending subsection 3.2 to eliminate a redundant phrase. 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 March 1, 2025. The Board received one written submittal from Ann C. Fisher, Chairperson of the Governor's Advisory Council for Exceptional Citizens ("GACEC"). GACEC expressed support for the amendments but asked whether the requirements were for all programs, how the new requirements would consider literacy instruction from a previous certification, and how literacy hours would be calculated when instruction is not in a course title or is addressed across several courses.

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 April 3, 2025, the Board considered the written submittal. The Board found that the regulation as written covers all traditional and alternative pathways into special education. It also takes into consideration whether an applicant has taken literacy coursework for any previous certification, so that an applicant would not need to take redundant coursework. Finally, all programs that lead to elementary and early childhood certificates with dual certification in special education have been vetted by the Department for proper literacy instruction throughout each program as part of the Educator Preparation Program approval process. The Board determined not to make any changes as a result of the written submittal and voted to propose 14 DE Admin. Code 1571 Special Education Teacher of Students with Disabilities, 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 1571 Special Education Teacher of Students with Disabilities.

IV. DECISION TO AMEND THE REGULATION

For the foregoing reasons, the Department concludes that it is appropriate to amend 14 DE Admin. Code 1571 Special Education Teacher of Students with Disabilities subject to the State Board of Education's approval. On April 10, 2025, the State Board of Education approved amending 14 DE Admin. Code 1571 Special Education Teacher of Students with Disabilities. Therefore, pursuant to 14 Del.C. §§1203, 1205(b), and 1220, 14 DE Admin. Code 1571 Special Education Teacher of Students with Disabilities, attached hereto as Exhibit A, is hereby amended.

V. TEXT AND CITATION

The text of 14 DE Admin. Code 1571 Special Education Teacher of Students with Disabilities amended hereby shall be in the form attached hereto as Exhibit A and said regulation shall be cited as 14 DE Admin. Code 1571 Special Education Teacher of Students with Disabilities 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 10th day of April, 2025.

Department of Education

Cynthia Marten, Secretary of Education

Approved this 10th day of April, 2025.

State Board of Education

(Absent) Shawn Brittingham, President	/s/ Deborah Stevens, Vice President
/s/ Meredith L. Griffin, Jr.	/s/ Rajalakshmi Lodhavia
/s/ Rev. Provey Powell, Jr.	/s/ James L. Simmons III

*Please note: Electronic signatures ("/s/") were accepted pursuant to 6 Del.C. §12A-107(d).

1571 Special Education Teacher of Students with Disabilities

1.0 Content

1.1 This regulation shall apply to the issuance of a Special Education Teacher of Students with Disabilities (Category) Standard Certificate pursuant to 14 Del.C. §1220(a).

1.1.1 The Special Education Teacher of Students with Disabilities Standard Certificate is required for an Educator educator whose primary assignment is teaching children with disabilities in grades K to 12 in Delaware public schools.

1.1.1.1 The Early Childhood Exceptional Children Special Education Teacher Standard Certificate may be used for grades K to 2 in lieu of Special Education Teacher of Students with Disabilities Standard Certificate.

1.1.1.2 The Teacher of Students with Autism or with Severe Intellectual Disabilities Standard Certificate, Teacher of Students Who Are Deaf or Hard of Hearing Standard Certificate, and Teacher of Students with Visual Impairments Standard Certificate shall be used when the teacher’s primary assignment providing instruction to the category of students designated within those category certifications.

1.1.2 The Special Education Teacher of Students with Disabilities Standard Certificate is a category Standard Certificate and does not certify an Educator educator to practice in a particular area or teach a particular subject. A category Standard Certificate only establishes that an Educator educator has met the prescribed education, knowledge, or skill to instruct a particular category of students. The Special Education Teacher of Students with Disabilities Standard Certificate is limited to the category of teaching Students with Disabilities students with disabilities.

1.1.3 An Educator educator shall hold at least 1 content area Standard Certificate.

16 DE Reg. 766 (01/01/13)

19 DE Reg. 505 (12/01/15)

24 DE Reg. 48 (07/01/20)

27 DE Reg. 175 (09/01/23)

2.0 Definitions

The following words and terms, when used in this regulation, have the following meaning:

“Department” means the Delaware Department of Education.

“Educator” means a person licensed and certified by the State under 14 Del.C. Ch. 12 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 Professional Standards Board and approved by the State Board of Education. The term ‘educator’ does not include substitute teachers.

"Employing Authority 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 and may reasonably be found to impair an educator’s effectiveness by reason of the educator’s unfitness or otherwise.

“License” means a credential which authorizes the holder to engage in the practice for which the license is issued.

“Regionally Accredited” means educational accreditation by a regional accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education offered by the institutions of higher education it accredits, including Middle States Commission on Higher Education.

“Regionally accredited" means institutional accreditation from an agency that was designated as a regional accreditor before July 1, 2020, and is currently recognized by the U.S. Secretary of Education as a reliable indicator of the institution's educational quality.

“Standard Certificate” means a credential issued to certify that an educator has the prescribed knowledge, skill or education to practice in a particular area, teach a particular subject, or teach a category of students.

“Standards Board” means the Professional Standards Board established pursuant to 14 Del.C. §1201.

"Students with Disabilities disabilities" means the same as "Child with a Disability" "child with a disability" as provided in 14 Del.C. §3101(2) §3101.

"Valid and Current License or Certificate current license or certificate" means a current full or permanent certificate or license as an educator issued by another state or jurisdiction. This means the applicant is fully credentialed by having met all of the requirements for full licensure or certification as an educator in another state or jurisdiction. It does not include temporary, emergency, conditional certificates of eligibility or expired certificates or licenses issued from another state or jurisdiction.

19 DE Reg. 505 (12/01/15)

24 DE Reg. 48 (07/01/20)

27 DE Reg. 175 (09/01/23)

3.0 Issuance of a Standard Certificate

3.1 In accordance with 14 Del.C. §1220(a), the Department shall issue a Special Education Teacher of Students with Disabilities Standard Certificate to an applicant who:

3.1.1 Holds a valid Delaware Initial, Continuing, or Advanced License or a Standard or Professional Status Certificate issued by the Department prior to August 31, 2003 and meets the requirements set forth in Section 4.0 of this regulation; or

3.1.2 Has met the requirements for an educator's license in Delaware and holds a Valid and Current License or Certificate valid and current license or certificate in special education or teaching students with disabilities by another state or jurisdiction.

3.2 Notwithstanding any provision to the contrary herein, the Department shall not act on an application for a Special Education Teacher of Students with Disabilities Standard Certificate 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 immorality, misconduct in office, incompetence, willful neglect of duty, disloyalty, or falsification of credentials until the applicant provides evidence of the investigation’s resolution.

19 DE Reg. 505 (12/01/15)

24 DE Reg. 48 (07/01/20)

27 DE Reg. 175 (09/01/23)

4.0 Prescribed Education, Knowledge, and Skill Requirements

4.1 An applicant shall have satisfied the requirements in subsections 4.1.1 and 4.1.2 through 4.1.3.

4.1.1 An applicant shall have satisfied 1 of the following education requirements:

4.1.1.1 Obtained and currently maintain an Exceptional Needs Specialist certificate from the National Board for Professional Teaching Standards; or

4.1.1.2 Earned a bachelor’s, master’s, or doctoral degree from a Regionally Accredited regionally accredited college or university with a minimum of 30 semester hours of coursework in special education or teaching students with disabilities from an educator preparation program approved or recognized by the Council for the Accreditation of Educator Preparation (CAEP) or a state where the state approval body employed the appropriate standards; or

4.1.1.3 Satisfactorily completed an alternative routes for licensure or certification program to teach students with disabilities as provided in 14 Del.C. §§1260 – 1266; or

4.1.1.4 Satisfactorily completed a Department-approved educator preparation program in special education; or

4.1.1.5 Earned a bachelor’s degree from a Regionally Accredited regionally accredited college or university in any content area and also satisfactorily completed 15 college credits with a focus in special education or in students with disabilities in the areas provided in subsection 4.1.1.5.3 or an equivalent number of hours in professional development with 1 credit equating to 15 hours taken either as part of a degree program or in addition to a degree program from a Regionally Accredited regionally accredited college or university or a professional development provider approved by the Department in the areas provided in subsection 4.1.1.5.3.

4.1.1.5.1 For the purpose of subsection 4.1.1.5, professional development means a combination of focused, in-depth learning, practice, feedback, reflection, and expert support experiences designed to change the participants' attitudes, insights, and perspectives and ultimately results in improved professional practice.

4.1.1.5.2 Professional development hours may be approved if the applicant shows that the activity meets all of the following criteria:

4.1.1.5.2.1 Relevant courses from a Regionally Accredited regionally accredited college or university in special education are not available to the applicant online or in the applicant's county of residence; and

4.1.1.5.2.2 The activity is grounded in research and current best practices as judged by the Department's content specialist in special education; and

4.1.1.5.2.3 The activity is documented by the provider to provide knowledge and skills that are required for the special education certification; and

4.1.1.5.2.4 The activity is part of a professional development program that includes knowledge acquisition, skill mastery, descriptive feedback, and refinement of practice in the work setting.

4.1.1.5.3 For the purpose of subsection 4.1.1.5, the areas are the areas specified in subsections 4.1.1.5.3.1 through 4.1.1.5.3.5.

4.1.1.5.3.1 Diagnosis and Instruction for Reading / Literacy (3 credits);

4.1.1.5.3.2 Education Evaluation and IEP Development (3 credits);

4.1.1.5.3.3 Curriculum and Instruction in Special Education (3 credits);

4.1.1.5.3.4 Applied Behavior Analysis (3 credits); and

4.1.1.5.3.5 One of the following areas:

4.1.1.5.3.5.1 Legislation, Policy & Procedures/ Special Issues in Special Education (3 credits);

4.1.1.5.3.5.2 Transitions from Secondary Special Education or Secondary Transition Planning (3 credits);

4.1.1.5.3.5.3 Collaborative Teaming in Special Education (3 credits); or

4.1.1.5.3.5.4 Assistive Technology (3 credits).

4.1.2 An applicant applying after June 30, 2027 shall also have satisfactorily completed 6 college credits in evidence-based reading instruction under 14 Del.C. §1280(c)(3) or an equivalent number of hours in professional development with 1 credit equating to 15 hours taken either as part of a degree program or in addition to a degree program from a regionally accredited college or university or a professional development provider approved by the Department.

4.1.2 4.1.3 The applicant shall have achieved a minimum score on 1 of the following examinations:

4.1.2.1 4.1.3.1 A minimum score of 151 on the Praxis Subject Assessment - Special Education: Core Knowledge and Applications (ETS Test Code #5354); or

4.1.2.2 4.1.3.2 A minimum score of 145 on the Praxis Special Education: Foundational Knowledge (ETS Test Code # 5355).

19 DE Reg. 505 (12/01/15)

24 DE Reg. 48 (07/01/20)

27 DE Reg. 175 (09/01/23)

5.0 Application Requirements

5.1 If an applicant is applying for an Initial License, a Standard Certificate must be applied for simultaneously with application for an Initial License, and the applicant shall also provide all required documentation for the License license.

5.2 If the applicant is also applying for the issuance or renewal of an educator's license or paraeducator's permit, the applicant must disclose the applicant's criminal conviction history upon application. Failure to disclose a criminal conviction history is grounds for denial of the license or permit application as specified in 14 Del.C. §1219 and it could delay the processing or result in the denial of the application for a Special Education Teacher of Students with Disabilities Standard Certificate.

5.3 The following documentation is required with the application for a Special Education Teacher of Students with Disabilities Standard Certificate:

5.3.1 Evidence of obtaining an Exceptional Needs Specialist certificate from the National Board for Professional Teaching Standards, if applicable; and

5.3.2 Official transcript from the applicant’s Regionally Accredited regionally accredited college or university.

5.3.2.1 Electronic transcripts may be submitted by the applicant’s Employing Authority or Regionally Accredited employing authority or regionally accredited college or university.

5.3.2.2 Sealed paper transcripts may be submitted by the applicant, the applicant’s Employing Authority employing authority, or the applicant’s Regionally Accredited regionally accredited college or university.

5.3.2.3 The Department will not accept copies of transcripts; and

5.3.3 Documents verifying successful completion of Department-approved professional development, if applicable; and

5.3.4 Official score on the Praxis Subject Assessment as provided in subsection 4.1.2 of this regulation.

5.3.5 Additional documentation as required by the Department.

5.4 For applicants who have met the requirements for licensure as an educator in Delaware and hold a Valid and Current License or Certificate valid and current license or certificate in special education or teaching students with disabilities from another state or jurisdiction, the following documentation is required in the application for a Special Education Teacher of Students with Disabilities Standard Certificate:

5.4.1 An official copy of the educator license or certificate from another state or jurisdiction.

5.4.2 Additional documentation as required by the Department.

24 DE Reg. 48 (07/01/20)

27 DE Reg. 175 (09/01/23)

6.0 Secretary of Education Review

6.1 The Secretary of Education may, upon the written request of a local school district or charter school, review credentials submitted in an application for a Special Education Teacher of Students with Disabilities Standard Certificate on an individual basis and grant such a Standard Certificate to an applicant who otherwise does not meet the requirements for a Special Education Teacher of Students with Disabilities Standard Certificate but whose effectiveness is documented by the local school district or charter school.

6.2 The request shall be approved as provided in subsections 6.2.1 and 6.2.2.

6.1.1 6.2.1 For school districts, requests shall be approved by the superintendent of the school district.

6.1.2 6.2.2 For charter schools, requests concerning the head of school of the charter school shall be approved by the charter school's board of directors and requests concerning all other applicants shall be approved by the charter school's head of school.

27 DE Reg. 175 (09/01/23)

7.0 Validity of a Standard Certificate

7.1 A Special Education Teacher of Students with Disabilities Standard Certificate is valid regardless of the assignment or employment status of the holder provided that the Educator’s License educator’s license remains current and valid.

7.2 A Special Education Teacher of Students with Disabilities Standard Certificate is not subject to renewal.

24 DE Reg. 48 (07/01/20)

27 DE Reg. 175 (09/01/23)

8.0 Disciplinary Action

8.1 An Educator’s educator’s Special Education Teacher of Students with Disabilities Standard Certificate 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.

8.2 An Educator’s educator’s Special Education Teacher of Students with Disabilities Standard Certificate shall be revoked if the Educator's educator’s Initial, Continuing, or Advanced License or Professional Status Certificate is revoked or the Educator educator made a materially false or misleading statement in the Educator’s educator’s application in accordance with 14 Del.C. §1222.

8.3 An Educator educator whose certificate 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.

27 DE Reg. 175 (09/01/23)

9.0 Past Certificate Recognized

The Department shall recognize a Special Education Teacher of Students with Disabilities Standard Certificate that was issued by the Department prior to the effective date of this regulation. An Educator educator holding such a Standard Certificate shall be considered certified to instruct Students with Disabilities students with disabilities.

10.0 Contact Information and Change of Name or Address

10.1 All applicants and Educators educators are required to update their contact information in DEEDS if their contact information changes.

10.2 An Educator educator who legally changes the Educator's educator’s name and wishes to change the name on the Special Education Teacher of Students with Disabilities Standard Certificate shall provide a notarized copy of evidence of the name change such as a marriage license or court action.

10.3 An applicant or Educator educator 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.

7 DE Reg. 775 (12/01/03)

Renumbered effective 06/01/07 - see Conversion Table

11 DE Reg. 671 (11/01/07)

16 DE Reg. 766 (01/01/13)

19 DE Reg. 505 (12/01/15)

24 DE Reg. 48 (07/01/20)

27 DE Reg. 175 (09/01/23)

28 DE Reg. 810 (05/01/25) (Final)