Delaware House Bill 350 (Prior Session Legislation)

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Spectrum: Slight Partisan Bill (Democrat 12-5)
Status: Introduced on April 28 2016 - 25% progression, died in committee
Action: 2016-05-03 - Re-Assigned to House Administration Committee in House
Pending: House Administration Committee
Text: Latest bill text (Draft #1) [HTML]

This Act revises the Delaware Code relating to the limitation, suspension and revocation of educator licenses. Between September 2012 and September 2014, the Delaware Department of Education has investigated 105 cases of alleged educator misconduct, recommending revocation in 12, suspension in 10 cases, and limitation in 1 case. This Act will strengthen the ability of the Department of Education to investigate and take action against the licenses of educators who pose a threat to children. The revisions include: 1) Placing jurisdiction with regard to licensure actions with the Department as the issuer of the license rather than being dependent on action by the employer; 2) Changing the State’s burden of proof from “clear and convincing” to “preponderance of the evidence.” Licensure action is a civil administrative proceeding and the normal burden of proof should apply; 3) Addressing the process when educators are given probation before judgment, enter the first offenders domestic violence program, or enter the first offenders controlled substances diversion program; 4) Broadening the ability of the State to immediately suspend an educator’s license; and 5) Adding a provision for the state to publicly report educator professional license action.

An Act To Amend Title 14 Of The Delaware Code Relating To Educator Licenses.

Rep. Peter Schwartzkopf [D]	Sen. Patricia Blevins [D]	Sen. David Sokola [D]	Rep. Debra Heffernan [D]
Rep. Earl Jaques [D]	Rep. Harvey Kenton [R]	Rep. Valerie Longhurst [D]	Rep. Joseph Miro [R]
Rep. John Mitchell [D]	Sen. Charles Paradee [D]	Rep. Charles Potter [D]	Rep. Melanie Smith [D]
Rep. John Viola [D]	Sen. David Wilson [R]	Sen. Catherine Cloutier [R]	Sen. Bruce Ennis [D]
Sen. Ernesto Lopez [R]

Date	Chamber	Action
2016-05-03	House	Re-Assigned to House Administration Committee in House
2016-04-28	House	Introduced and Assigned to Education Committee in House

Type	Source
Summary	http://legis.delaware.gov/LIS/lis148.nsf/2bede841c6272c888025698400433a04/1730bbbeba989ca785257f9500632943?OpenDocument
Text	http://legis.delaware.gov/LIS/lis148.nsf/vwLegislation/HB+350/$file/legis.html?open