The 'coolest thing made in Delaware' may save more than 20,000 lives a year
NEWS

Delaware bill would shed light on teacher discipline

Legislation says from September 2012 to September 2014, state investigated 105 allegations of misconduct by educators

Matthew Albright
The News Journal
House Speaker Pete Schwartzkopf, D-Rehoboth Beach, works during a legislative session at the Delaware Statehouse in Dover on Jan. 26, 2016. He has introduced legislation to provide more transparency in teacher discipline records.
  • New legislation would provide transparency in teacher misconduct cases.
  • A Freedom of Information Act request revealed that at least 80 teachers have been disciplined since 1990.
  • The records are not open to the public in the First State.

A bill supported by high-ranking General Assembly members would give Delaware regulators more power to revoke or suspend teacher licenses and make those sanctions more transparent.

"The bill came about because we're trying to do everything we can to protect our children," said Speaker of the House Pete Schwartzkopf, D-Rehoboth, main sponsor of the legislation.

The proposal comes after an investigation by The News Journal and USA Today Network found a patchwork of state licensing laws sometimes allows troubled teachers to slip through the cracks and back into the classroom.

The investigation found Delaware participates fully in a national index of sanctioned educators, but details of actions taken against teachers are kept out of public view. Delawareans can look up a teachers' names to see if licensing actions have been taken against them, but the law bars the Department Education from disclosing more information – like what offense caused them to lose their license.

A Freedom of Information Act request revealed that at least 80 teachers have been disciplined since 1990. However, the Delaware Department of Education doesn’t disclose what misconduct led to the discipline.

The stories drew an immediate reaction from state leaders.

"On the whole, our excellent teachers are one of our greatest assets," state Sen. Ernie Lopez, R-Lewes, said in a statement released the day after The News Journal's story ran. "But too often in recent years we have picked up the morning paper to find another charge of abuse. This needs to stop, and the Department of Education needs to be fully transparent."

House Bill 350 would require the department to publicly report not just who has lost their license, but why.

From September 2012 to September 2014, the department investigated 105 allegations of misconduct by educators, according to the legislation. During that period, regulators recommended revoking a license 12 times, suspension 10 times and a limitation once.

Advocates for parents and open government groups both praise the idea of greater transparency.

Broken discipline tracking systems let teachers flee troubled pasts

Teacher misconduct tracked, but not shared with public

Terri Hodges, president of the Delaware PTA, says her organization is still studying the bill's details, but she likes the idea of letting parents see why a license was suspended.

"Generally speaking, I think we always support transparency whenever possible, particularly if the information is about something that could be harmful to children," Hodges said. "We generally support parents knowing who's going to be in the building with their children."

John Flaherty, spokesman for the Delaware Coalition for Open Government, said the public has a right to know when anyone with a professional license is censured for misconduct.

"Whether it's a teacher or a doctor or an accountant, if someone is caught violating the rules for their profession, the public has a right to know that and make an informed decision," Flaherty said. "I think the debate around this bill could lead to some real, positive change."

The Delaware State Education Association, the statewide teachers union, is reviewing the legislation, President Frederika Jenner said.

Transparency is only part of the bill – which also would also beef up the Department of Education's powers to investigate and remove licenses when allegations surface. The goal is to prevent teachers who are accused of misbehavior from quietly resigning and moving to another state or county to get another job before the state can take action, Schwartzkopf said.

"It's so important to get these people out of the schools and then get them on the list so that they can't get in the schools again," he said.

Should the proposal become law, the department would be given authority to yank a teacher's license without the district or school taking action first. The threshold of proof necessary for disciplinary action would be lowered from "clear and convincing" to a "preponderance of the evidence," the standard that applies to most civil actions.

And the department would be authorized to remove a license immediately in egregious, particularly clear-cut situations.

"They absolutely will have due process in these investigations," Schwartzkopf said. "I want to err on the side of protecting our kids every single time."

Schwartzkopf said Attorney General Matt Denn and the Beau Biden Foundation for the Protection of Children both support the legislation.

Contact Matthew Albright at malbright@delawareonline.com, (302) 324-2428 or on Twitter @TNJ_malbright.