DEPARTMENT OF EDUCATION

Professional Standards Board

Statutory Authority: 14 Delaware Code, Sections 1203, 1205(b), 1305(o), and 1305(l) (14 Del.C. §§1203, 1205(b), 1305(o) & 1305(l))

14 DE Admin. Code 1501

PROPOSED

PUBLIC NOTICE

Educational Impact Analysis Pursuant to 14 Del. C. §122(d)

1501 Salary Supplement for Educators

A. TYPE OF REGULATORY ACTION REQUESTED

Amendment to Existing Regulation

B. SYNOPSIS OF SUBJECT MATTER OF REGULATION

Pursuant to 14 Del.C. §§1203, 1205(b), 1305(o) and 1305(l), the Professional Standards Board ("Board"), acting in consultation and cooperation with the Delaware Department of Education ("Department"), developed amendments to 14 DE Admin. Code 1501 Salary Supplements for Educators. The regulation concerns the requirements for salary supplements for educators in accordance with 14 Del.C. §1305. The proposed amendments in this regulation include amendments to definitions to include induction coach, induction coordinator and lead induction coach, and revising Section 5.0, which concerns additional responsibility assignment requirements. The proposed amendments include grammatical and style changes to comply with the Delaware Administrative Code Drafting and Style Manual.

Persons wishing to present their views regarding this matter may do so in writing by submitting them to the Department, Office of the Secretary, Attn: Regulation Review, 401 Federal Street, Suite 2, Dover, Delaware 19901 or through the Department's online submission form at https://education.delaware.gov/community/governance/regulations-code/post-a-comment/ by the close of business (4:30 p.m. EST) on or before June 2, 2025. Any person who wishes to receive a copy of the proposed regulation may obtain a copy from the Department at the Office of the Secretary on the second floor of the Townsend Building, 401 Federal Street, Dover, Delaware.

C. IMPACT CRITERIA

1. Will the amended regulation help improve student achievement as measured against state achievement standards? In accordance with 14 Del.C. §1305(o), the national certifications in Section 4.0 and the additional responsibility assignment in Section 5.0 are intended to lead to improvements in teacher effectiveness and student achievement.

2. Will the amended regulation help ensure that all students receive an equitable education? The amended regulation addresses salary supplements for educators and is not designed to help ensure students receive an equitable education.

3. Will the amended regulation help to ensure all students' health and safety are adequately protected? The amended regulation addresses salary supplements for educators and is not designed to help ensure students' health and safety is protected.

4. Will the amended regulation help to ensure that all students' legal rights are respected? The amended regulation addresses salary supplements for educators and is not designed to help ensure students' legal rights are respected.

5. Will the amended regulation preserve the necessary authority and flexibility of decision-makers at the local board and school level? The amended regulation does not change authority and flexibility of decision makers at the local board and school level.

6. Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation does not place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels. The Board is not proposing any changes to Section 6.0, which provides that an educator is responsible for providing information to the employing school or district to verify the educator has fulfilled the requirements for an additional responsibility assignment salary supplement for mentors.

7. Will decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? By statute (14 Del.C. §1305(b)), the Department implements the rules and regulations promulgated and adopted pursuant to 14 Del.C. Ch. 12.

8. Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts, and social studies? The amended regulation is consistent with, and not an impediment to, the implementation of other state educational policies.

9. Is there a less burdensome method for addressing the purpose of the amended regulation? There is not a less burdensome method for addressing the purpose of this amended regulation.

10. What is the cost to the state and to the local school boards of compliance with the amended regulation? The proposed amendments are consistent with the FY25 Appropriations Act (Senate Bill 325) that went into effect on June 30, 2024.

1501 Salary Supplement for Educators

1.0 Content

1.1 The following requirements shall be met in order to receive the salary supplements established by 14 Del.C. §1305. This regulation shall apply to the awarding of salary supplements as a percentage of the State portion of an Educator's educator's annual salary paid in accordance with the provisions of 14 Del.C. §1305 for gaining knowledge and skills that lead to more effective instruction, for achieving national certification from the National Board for Professional Teaching Standards or from an equivalent program, and for accepting Additional Responsibility Assignments additional responsibility assignments that impact student achievement.

1.2 Supplements are available subject to an annual appropriation from the General Assembly.

5 DE Reg. 2297 (06/01/02)

8 DE Reg. 73 (07/01/04)

23 DE Reg. 571 (01/01/20)

2.0 Definitions

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

"Additional responsibility assignments" means additional assignments for Educators educators that are academic in nature and that impact student achievement. For purposes of this regulation and pursuant to 14 Del.C. §1305(n), extracurricular or noninstructional supervisory activities are specifically excluded from additional responsibility assignments.

“Administrator mentor” means a certified administrator who holds a Continuing License an active Continuing or Advanced License issued by the Department under 14 Del.C. Ch. 12, is currently employed as an administrator, performs the duties and responsibilities in the State’s administrator mentor program, and is rated as satisfactory on the State’s current evaluation system or the equivalent thereof on a state-approved alternative educator evaluation system. A certified administrator is an educator who holds at least one 1 of the following Standard Certificates: School Principal and Assistant School Principal Standard Certificate (14 DE Admin. Code 1591), Certified Central Office Personnel Standard Certificate (14 DE Admin. Code 1592), Superintendent and Assistant Superintendent Standard Certificate (14 DE Admin. Code 1593), and Special Education Director Standard Certificate (14 DE Admin. Code 1594), and Charter School Leader (14 DE Admin. Code 1596).

“Base salary” means the salary earned by an educator as determined by the educator’s level of education and years of service on the Delaware educators’ salary schedule pursuant to 14 Del.C. §1305.

"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 the rules and regulations developed by the Professional Standards Board, in consultation and cooperation with the Department, and approved by the State Board of Education. The term ‘educator’ does not include substitute teachers.

"Induction coach" means a person who holds an active Continuing or Advanced License issued by the Department under 14 Del.C. Ch. 12 and is certified and employed as a teacher or a specialist at a school district or charter school in Delaware and has participated in the training for coaches of teachers and specialists required by the Department and the employing authority. Teachers and specialists serving as coaches are those who have satisfactory evaluations on the State's current evaluation system or on a state-approved alternative educator evaluation system during the school year in which they coach and are not on an improvement plan. Coaches are selected by the employing authority to provide support for teachers and specialists in years 1 and 2 of the comprehensive educator induction program.

"Induction coordinator" means a person appointed by an employing authority to annually submit and oversee an approved comprehensive educator induction program for teachers and specialists for the school district or charter school and serve as a liaison between the employing authority and the Department.

"Knowledge and skills" means understandings and abilities that, when acquired by educators, lead to more effective instruction.

"Lead induction coach" means a person who holds an active Continuing or Advanced License issued by the Department under 14 Del.C. Ch. 12 and is certified and employed as a teacher at a school district or charter school in Delaware and has participated in the training for lead coaches of teachers and specialists required by the Department and the employing authority. Teachers serving as lead induction coaches have satisfactory evaluations on the State's current evaluation system, or on a state-approved alternative educator evaluation system during the school year in which the individual is the lead induction coach and are not on an improvement plan. In addition, the lead induction coach is selected by the employing authority to oversee the comprehensive educator induction program at the building level and is an active part of the site induction team. The lead induction coach provides guidance and professional learning to induction coaches and support to teachers and specialists in years 3 and 4 of the program.

“National certification” means an Educator has achieved and maintains a current national certification as provided in 14 Del.C. §1305(l).

"Salary supplement", when referring to knowledge, skills, national certification, and additional responsibility based responsibility-based supplements, means additional State salary as described in 14 Del.C. §1305.

“Teacher or Specialist Lead Mentor” means a teacher or specialist who holds a Continuing or Advanced License, has participated in the training approved by the Department for Teacher or Specialist Lead Mentors, is employed by an employing authority as a Teacher or Specialist Lead Mentor, and performs the duties and responsibilities assigned to that position. Educators serving as Teacher or Specialist Lead Mentors must have all satisfactory evaluations on the State’s current evaluation system, or the equivalent thereof on a state-approved alternative educator evaluation system, during the school year in which they are mentors and may not be on an improvement plan, or the equivalent therefore in a state-approved alternative educator evaluation system. Teacher or Specialist Lead Mentors oversee the comprehensive induction program at the building level, train Teacher or Specialist Mentors, and provide support to teachers or specialists in years 3 and 4 of the program. Teacher or Specialist Lead Mentors may mentor an educator in years 1 and 2 of the program.

“Teacher or Specialist Mentor” means an educator who holds a Continuing or Advanced License and has participated in the training for mentors of teachers and specialists specified by the Department and the employing authority. Educators serving as Teacher or Specialist Mentors must have satisfactory evaluations on the State’s current evaluation system, or the equivalent thereof on a state-approved alternative educator evaluation system, during the school year in which they are mentors and may not be on an improvement plan, or the equivalent therefore in a state-approved alternative educator evaluation system. Teacher or Specialist Mentors provide 1 to 1 support for educators in years 1 and 2 of the program.

8 DE Reg. 73 (07/01/04)

23 DE Reg. 571 (01/01/20)

24 DE Reg. 867 (03/01/21)

3.0 Knowledge and Skills Salary Supplements

Currently, there are not any approved knowledge and skills salary supplements.

8 DE Reg. 73 (07/01/04)

23 DE Reg. 571 (01/01/20)

4.0 National Certification

4.1 An educator may receive a salary supplement for achieving and currently maintaining the following certifications as provided in 14 Del.C. §1305(l):

4.1.1 National Board Certification from the National Board for Professional Teaching Standards;

4.1.2 Certificate of Clinical Competence in Audiology (CCC-A) or Certificate of Clinical Competence Speech-Language Pathology (CCC-SLP) from the American Speech-Language-Hearing Association;

4.1.3 National Certified School Counselor from the National Board for Certified Counselors;

4.1.4 Music Therapist – Board Certified (MT-BC) from the Certification Board for Music Therapists;

4.1.5 Nationally Certified School Psychologist (NCSP) from the National Association of School Psychologists;

4.1.6 Nationally Certified School Nurse (NCSN) from the National Board for Certification of School Nurses;

4.1.7 School-based physical therapists who have passed the National Physical Therapy Exam (NPTE) as administered by the Federation of State Boards of Physical Therapy (FSBPT); or

4.1.8 Occupational Therapist Advanced Certification from the American Occupational Therapy Association or the Occupational Therapist Registered from the National Board for Certification in Occupational Therapy.

4.2 In order to be eligible for a national certification salary supplement, the educator shall maintain current certification through the applicable national organization.

4.3 An educator who is employed as a superintendent, assistant superintendent, or director or in a non-instructional area of transportation, finance/business management, human resources/personnel management, purchasing, community/public relations, administrative services, pupil services, audiology, occupational therapist, physical therapist, psychologist, speech language pathologist, human relations, nurse, social work/services, information technology, or a specialized assignment comparable to these non-instructional areas shall not be eligible for a salary supplement for national certification from the National Board for Professional Teaching Standards.

4.4 An educator who achieves and maintains national certification shall receive an annual salary supplement equal to 12% of the educator’s base salary for the certification in subsection 4.1.1 or 6% of the educator’s base salary for the certifications in subsections 4.1.2 through 4.1.8.

5 DE Reg. 2297 (06/01/02)

8 DE Reg. 73 (07/01/04)

23 DE Reg. 571 (01/01/20)

26 DE Reg. 1063 (06/01/23)

27 DE Reg. 525 (01/01/24)

5.0 Additional Responsibility Assignments

5.1 Additional responsibility assignments shall be:

5.1.1 Focused on school improvement issues that impact student achievement;

5.1.2 Supported by high quality, targeted professional development; and

5.1.3 Academic in nature.

5.2 In order to qualify for an additional responsibility assignment salary supplement, an educator shall have completed the State approved training program for the position or, in the absence of a training program, shall meet the criteria set forth for the position by the State, school district, charter school, or other employing authority and shall provide State, school district, charter school, or other employing authority approved levels of service, participate in designated activities throughout the period of responsibility, and document the satisfactory fulfillment of the specified assignment assignment, and remain employed by the employing authority at which the service was performed.

5.3 Additional responsibility assignment salary supplements may be renewed.

5.4 The following assignments are currently an approved additional responsibility assignment assignments:

5.4.1 Administrator Mentor, Teacher or Specialist Lead Mentor, and Teacher or Specialist Mentor mentor, induction coordinator, lead induction coach, and induction coach in years 1 and 2 of the program who are paid in accordance with the provisions of 14 Del.C. §1305 as provided in 14 DE Admin. Code 1503 Comprehensive Educator Induction Programs.

5.4.2 An induction coach is not eligible for and shall not be paid an additional responsibility assignment salary supplement if the induction coach is assigned to a teacher or specialist who, at the employing authority's discretion, is required to repeat year 1 or year 2 of the program or is assigned beyond year 2 of the program.

5.4.2.1 For the purpose of subsection 5.4.2, "teacher" means a person who holds an active educator's license issued by the Department under 14 Del.C. Ch. 12, is currently employed at a school district or charter school in Delaware, and meets students on a regularly scheduled basis, plans and delivers instruction, develops or prepares instructional materials, and evaluates student performance and includes individuals who hold the School Library Media Specialist Standard Certificate (14 DE Admin. Code 1580) or School Reading Specialist Standard Certificate (14 DE Admin. Code 1581).

5.4.2.2 For the purpose of subsection 5.4.2, "specialist" means a person who holds an active educator's license issued by the Department under 14 Del.C. Ch. 12 to engage in other related professional support services, is currently employed at a school district or charter school in Delaware, and holds at least 1 of the following Standard Certificates: Elementary School Counselor (14 DE Admin. Code 1522), Secondary School Counselor (14 DE Admin. Code 1545), School Nurse (14 DE Admin. Code 1582), School Psychologist (14 DE Admin. Code 1583), School Social Worker (14 DE Admin. Code 1584) School Behavior Analyst (14 DE Admin. Code 1585), or School Behavior Analyst Assistant (14 DE Admin. Code 1586).

5 DE Reg. 2297 (06/01/02)

8 DE Reg. 73 (07/01/04)

10 DE Reg. 1589 (04/01/07)

23 DE Reg. 571 (01/01/20)

24 DE Reg. 867 (03/01/21)

6.0 Educators’ Eligibility for Salary Supplements

Additional Responsibility Assignments responsibility assignments. An educator shall provide the school district, charter school, or other employing authority with such information as may be required to enable the school district, charter school, or other employing authority to verify that the educator has fulfilled the requirements of subsection 5.2 of this regulation.

8 DE Reg. 73 (07/01/04)

10 DE Reg. 1589 (04/01/07)

23 DE Reg. 571 (01/01/20)

7.0 Payment of Salary Supplements

Salary Supplements for Additional Responsibility Assignments supplements for additional responsibility assignments. Salary supplements earned by educators who are paid in accordance with the provisions of 14 Del.C. §1305 as a result of fulfilling additional responsibility assignments shall be effective following receipt by the Department of documentation from the school district, charter school, or other employing authority of satisfactory completion of the duties associated with the additional responsibility assignment and shall be paid annually.

8 DE Reg. 73 (07/01/04)

23 DE Reg. 571 (01/01/20)

8.0 Limits on Salary Supplements

Salary supplements shall be paid to an Educator educator in accordance with the provisions of 14 Del.C. §1305.

5 DE Reg. 2297 (06/01/02)

8 DE Reg. 73 (07/01/04)

8 DE Reg. 1137 (02/01/05)

10 DE Reg. 1589 (04/01/07)

16 DE Reg. 623 (12/01/12)

23 DE Reg. 571 (01/01/20)

24 DE Reg. 867 (03/01/21)

26 DE Reg. 1063 (06/01/23)