SB 163 — AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CHARTER SCHOOLS.

Sokola DELAWARE& STATERep. SENATE 152nd GENERAL ASSEMBLY SENATE AMENDMENT NO.

1Schwartzkopf TOSens. SENATE SUBSTITUTE NO.

Gay, Hoffner, Pettyjohn;

Reps.

Hensley, Lynn, Ramone, Michael Smith DELAWARE STATE SENATE 152nd GENERAL ASSEMBLY SENATE SUBSTITUTE NO.

163 AmendAN SenateACT SubstituteTO No.AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CHARTER SCHOOLS.

1BE toIT SenateENACTED BillBY No.THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

163Section by1. adding the following after line 58:

“SectionAmend 3.§ 507(c), Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

Each(c) (1) Labor relations between the charter school and its employees shall be requiredgoverned toby submitChapter 40 of this title, and a charter school and its employees may agree through the followingcollective informationbargaining process to theabide Departmentby ofother Educationprovisions annually,of beginningthis Januarytitle 30,or 2024:Code.

AExcept listas ofotherwise administratorsprovided employedin bythis thesection, school,all theirteachers officialworking titles,in theircharter licensureschools andshall certificationhold status,an andappropriate anyteaching state-levelcertificate boards,and commissions,license. or task forces they serve on.

TheNotwithstanding Departmentthe offoregoing, Educationfor shallany produceschool anyear annualwith reportrespect containingto thiswhich informationthere is no “qualified alternative certification,” as hereinafter defined, in effect, a charter school may, where it deems it beneficial to the Senatesuccess Educationof Committeeits Chaireducational program, hire teachers that are not fully certified and licensed so long as such teachers have at least a bachelor’s degree in the Housecontent Educationarea Committeein Chairwhich bythey Marchare 15teaching eachand year.comprise no more than 35 percent of the teachers at the school.

ForIf theteaching initial1 reportor requiredprimarily on1 Januaryspecific 30,content 2024,area, eacha charterteacher school shall supplyhave thisa informationbachelor’s todegree thein Departmentthat ofcontent Educationarea. for the following school years:

2022-2023,For 2021-2022,purposes 2020-21.of this section, a “qualified alternative certification program” shall be one which aligns with all requirements as specified in §§ 1260-1264 of this title [§ 1264 of this title has been repealed] and pursuant regulations.

These(2) reportinga. requirements expire on March 30, 2034.” SYNOPSIS This amendment adds annual reporting requirements to the bill and provides a sunset date for the reporting requirements.

Except as otherwise provided in this section, all teachers working in charter schools must hold an appropriate teaching certificate and license.

For any school year in which there is no “qualified alternative certification,” for such teachers, a charter school may, where it deems it beneficial to the success of its educational program, hire teachers that are not fully certified and licensed so long as such teachers have at least a bachelor’s degree in the content area in which they are teaching and comprise no more than 35% of the teachers at the school.

If teaching 1 or primarily 1 specific content area, a teacher shall have a bachelor’s degree in that content area.

b.

For purposes of this section, a “qualified alternative certification program” shall be one which aligns with all requirements as specified in Chapter 12 of this title and its implementing regulations.

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06/20/2023 02:41 PM (3) a.

For purposes of this section, an “Instructional Administrator” is defined as a charter school administrator whose primary functions include supervising and evaluating educators, the instruction of students by means of designing and implementing curriculum or instruction, training, mentoring, or coaching those whose practice is instruction.

b.

Instructional Administrators working in a charter school shall either be licensed and certified or complete a qualified alternative certification program and have a minimum of:

1.

A bachelor’s degree or comparable 4-year degree from an accredited college or university;

and 2.

A Continuing License to teach in a public school, or at least 4 years teaching experience, including in public schools, district and charter, independent / private schools, or higher education institutions.

In lieu of teaching experience, an educator can provide evidence of current clinical experience under the mentorship of a qualified administrator.

c.

Until such time as a qualified alternative certification program is available for charter school Instructional Administrators, and during the time that any such Instructional Administrator pursues that alternative, a charter school may, where it deems it beneficial to the success of its educational program, hire or continue to employ 1 or more Instructional Administrators who are not fully certified and licensed so long as such administrators have appropriate educational and administrative skills as determined by the charter school’s board of directors.

(4) Notwithstanding any provision to the contrary, a charter school administrator who reports directly to the Charter Board of Directors, shall not be required to be licensed or certified.

Section 2.

The Department of Education shall, by July 1.

2024, work in coordination and cooperation with the Professional Standards Board and the Delaware Charter Schools Network, to make corresponding changes to Regulation 1596 Charter School Leader to provide the implementing regulations for the certification of current and future Instructional Administrators.

SYNOPSIS This bill updates the State’s charter school law to codify the original intent of charter schools to encourage the use of different and innovative or proven school environments and teaching and learning methods;

provide parents and students with measures of improved school and student performance and greater opportunities in choosing public schools within and outside their school districts;