DEPARTMENT OF EDUCATION

Office of the Secretary

Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C. §122(b))

14 DE Admin. Code 104

PROPOSED

Educational Impact Analysis Pursuant To 14 Del.C. Section 122(d)

104 Education Profiles for Schools, Districts, and the State

A. Type of Regulatory Action Requested

Amendment to Existing Regulation

B. Synopsis of Subject Matter of Regulation

The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 104 Education Profiles for Schools, Districts, and the State. The amendments provide that the print format of the school, district, and state profiles may vary from the web version because the print format is intended to summarize the detail contained on the website.

Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before May 5, 2008 to Susan Haberstroh, Education Associate, Regulation Review, Department of Education, at 401 Federal Street, Suite 2, Dover, Delaware 19901. A copy of this regulation is available from the above address or may be viewed at the Department of Education business office.

C. Impact Criteria

1. Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation defines the process for communicating the student achievement results to the public.

2. Will the amended regulation help ensure that all students receive an equitable education? The amended regulation defines the process for communicating the student achievement results to the public.

3. Will the amended regulation help to ensure that all students’ health and safety are adequately protected? The amended regulation defines the process for communicating the student achievement results to the public but does not specifically address health and safety issues.

4. Will the amended regulation help to ensure that all students’ legal rights are respected? The amended regulation defines the process for communicating the student achievement results to the public but does not specifically address issues of students’ legal rights.

5. Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation defines the specific elements that must be in the profiles on student achievement.

6. Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation continues an existing requirement to produce school profiles and does not require local boards or schools to provide any additional requirements.

7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The federal and state statutes as reflected in the amended regulation are more specific as to the content of the profiles.

8. Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amended regulation will be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies.

9. Is there a less burdensome method for addressing the purpose of the regulation? The state statute requires the Department of Education to promulgate this regulation.

10. What is the cost to the State and to the local school boards of compliance with the regulation? The state pays for the cost of developing the profiles.

104 Education Profiles for Schools, Districts, and the State

1.0 Education Profiles

All public schools, including charter schools, reorganized or vocational-technical school districts and the State shall issue Delaware Public Education Profiles on the state of Delaware’s public school system as required by 14 Del.C. §124A. The profiles shall be provided in a web format as well as an abbreviated print format pursuant to 2.0 of this regulation. The profiles shall be referred to as school, district, and state Profiles respectively. Each website profile shall contain, but need not be limited to, the following information, aggregated at the appropriate level (school, district or state), unless otherwise noted:

1.1 Information on student achievement at each performance level on the state reading, writing, mathematics, science, and social studies academic assessments. Such information shall be disaggregated by race, ethnicity, gender, disability status, migrant status, English proficiency, and status as economically disadvantaged except that such disaggregation shall not be required in a case in which the number of students in a category is less than fifteen (15).

1.2 The most recent 2 year trend in student achievement in each of the five content areas as assessed by the DSTP, and for each grade level the assessments are administered;

1.3 The percentage of students not tested in reading/language arts and mathematics disaggregated by the student subgroups as defined in 1.9, except that such disaggregation shall not be required in a case in which the number of students in a category is less than fifteen (15).

1.4 Information that provides a comparison between the actual achievement levels of each student subgroup meeting proficiency and those that have not met proficiency, as defined in 14 DE Admin. Code 103 and the state’s annual measurable objectives for each such group of students in the reading and language arts and mathematics academic assessments;

1.5 Aggregate information of the percent proficient on the combined scores of the science and social studies academic assessments for elementary and middle schools, used as the other indicator to determine Annual Yearly Progress (AYP) of students in achieving the state academic standards disaggregated by student subgroups. Such disaggregation shall not be required in a case in which the number of students is less than fifteen (15).

1.6 For secondary schools only, graduation rate is defined as the number of students enrolled in the school in the ninth grade and who graduate with a diploma four years later, excluding students who earn a GED certificate, divided by the same number plus those who have dropped out during the same four year period, disaggregated by student subgroups. Such disaggregation shall not be required in a case in which the number of students is less than fifteen (15).

1.7 Information on the performance of the school, district, or state regarding making adequate yearly progress, including the number and names of each school identified as Under School Improvement.

1.8 Information regarding the professional qualifications of teachers in the school, district and state, the percentage of such teachers teaching with emergency or provisional credentials, and the percentage of classes in the state not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low poverty schools which means schools in the top quartile of poverty and the bottom quartile of poverty in the State;

1.9 Information pertaining to the AYP status and accountability ratings;

1.10 Information pertaining to school safety and discipline and student attendance;

1.11 Information pertaining to school district administrator to student ratios, school teacher to student ratios and other staffing ratios;

1.12 Information pertaining to pupil and staff demographics;

1.13 Information pertaining to school district revenues, expenditures, tax rates and wealth (district profile only);

1.14 Information pertaining to school curricular offerings (school profile only);

1.15 Information pertaining to parent and community involvement in the school and school district;

1.16 Examples of exemplary programs, successful teaching, school climate or disciplinary strategies and other developments (only in school profile); and

1.17 Other items from time to time that may be required by the federal Elementary and Secondary Education Act.

7 DE Reg. 65 (7/1/03)

2.0 Publishing of Profiles

The profiles will be published, subject to an annual appropriation in the annual state budget act, at the expense of the state. School and districts specific data shall be submitted, in the format requested, to the Department in the time frame delineated in the Data Acquisition Calendar. The State shall have the profiles available on the Department of Education website no later than August 15, 2003 and on or before August 1 of each subsequent year.

The State shall have the profiles available on the Department of Education website on or before August 1st of each year. In addition, subject to an annual appropriation in the annual state budget act, the profiles shall be published in a print format as determined by the Department that does not exceed four pages. The print format is intended to summarize the detail contained on the website.

7 DE Reg. 65 (7/1/03)

11 DE Reg. 1297 (04/01/08) (Prop.)