CHAPTER 324

FORMERLY

SENATE SUBSTITUTE NO. 1 FOR

SENATE BILL NO. 210

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE PROFESSIONAL STANDARDS BOARD.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 12, 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:

§ 1206 Composition and governance of the Professional Standards Board.

(a) The Standards Board shall consist of 16 voting members as follows:

(1)  Eight public school teachers educators, no less than 2 from each county, with 1 being a special education teacher, 1 being an teacher education specialist and at least 1 teacher each from the high school, middle school and elementary school levels. The 87 teachers and 1 education specialist must be selected from a list supplied by the Delaware State Education Association in accordance with subsection (c) of this section. Each teacher appointed to the Standards Board must have demonstrated excellence in that teacher's own field by achieving honors or special recognition in that teacher's field, including, but not limited to state, district or building level Teacher of the Year, National Board for Professional Teaching Standards certification, or the Presidential Award for Excellence.

(b) The Governor, by and with the consent of a majority of the members elected to the Senate, shall appoint each voting member of the Standards Board for a term of 3 years, except that initial appointments are for the following terms: 5 members for an initial term that expires 2 years following the date of appointment; 5 members for an initial term that expires 3 years following the date of appointment; and 5 members, including the chair of the Standards Board, for an initial term that expires 4 years from the date of appointment. The Governor shall designate 1 voting educator member to serve, at the pleasure of the Governor, as chair of the Standards Board. The members of the Standards Board shall elect a vice chair. A member who misses 3 consecutive meetings without cause is presumed to have resigned from the Standards Board.  A member of the Standards Board serves until that member's successor is appointed or until the member resigns . A member appointed to fill a vacancy serves for the remainder of the term of the member whom that member replaced. A Standards Board member is eligible for reappointment. If a disciplinary proceeding is initiated against a board member, the member may not participate in Standards Board business until the charge is adjudicated or the matter is otherwise concluded.

(c) With respect to appointments pursuant to subsection (a) of this section, the designated organization or person shall provide the Governor with a list of potential appointees 60 days prior to the expiration of a term or within 30 days after a vacancy of any term. The Governor may require that a specific number of potential appointees, up to 20, be included on any list submitted. The Governor may reject all potential appointees on the list and request up to 4 additional lists at the Governor's own discretion.  If the designated organization does not submit a list to the Governor as provided in this subsection, then the Governor shall submit the Governor's own appointments for any vacancy.

(g) A majority of the current members of the Standards Board constitutes a quorum. No motion or resolution of the Standards Board may be adopted without the concurrence of the majority of the members of the Board plus at least 1 additional affirmative vote.

Approved July 15, 2014