14 Del. Admin. Code § 746-4.0 - Procedures for Higher Education Institutions and, Public School Districts and Charter Schools for the Determination of Suitability for Candidates in Student Teaching Positions

4.1 The Higher Education Institution where the candidate is enrolled and that was sent an original copy of the completed criminal background check shall make the initial determination for suitability for Student Teaching Placement. The criteria for determining the suitability for Student Teaching Placement shall be at the discretion of the Higher Education Institution and may vary among the various Higher Education Institutions in Delaware.
4.1.1 If a determination is made to deny a candidate placement into a Student Teaching Placement based upon the Higher Education Institution's review of the criminal history, the Higher Education Institution may provide for an appeal process.
4.2 Upon the initial determination for suitability for the candidate to be placed in a Public School, the Higher Education Institution liaison responsible for overseeing Student Teaching Placements shall confirm the receipt of the original complete criminal background check and send a copy of such to the Public School Superintendent considering the person as a candidate for a Student Teaching Placement.
4.3 Each Public School shall make the final determination of suitability for placement of a candidate in a Student Teaching Placement in its school.
4.3.1 Each Public School shall establish the process and criteria for determining suitability for placement of a candidate in a Student Teaching Placement in its school(s).
4.3.2 The criteria for determining the suitability and subsequent placement of a candidate in a Student Teaching Placement may vary among the Public Schools. In addition, a Public School may have criteria for Student Teaching Placement that differs from the criteria for Public School employment.
4.3.3 The Public School shall provide the candidate's Higher Education Institution the decision to place or deny a candidate in a Student Teaching Placement in writing.
4.4 Candidates for student teaching may have criminal background checks from other states accepted, if all of the following conditions are met;
4.4.1 The criminal background check shall have been conducted within the previous twelve (12) months and include a federal criminal background check;
4.4.2 The criminal background check shall be sent directly from the criminal background check agency in the other state to the Higher Education Institution;
4.4.3 The out of state candidate shall sign a release to allow the Higher Education Institution receiving the out of state criminal background check and the reference to confirm their receipt, disclose their contents and forward them, subject to the same disclosure regulations that apply to Delaware criminal background checks.

Notes

14 Del. Admin. Code § 746-4.0
19 DE Reg. 918 (4/1/2016) (Final)

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