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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2014

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14 DE Admin. Code 505
I. Summary of the Evidence and Information Submitted
The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 505 High School Graduation Requirements and Diplomas. The amendments include, but are not limited to: 1) requiring an advisement process to the student success planning; 2) modifications to definitions; 3) revising the date for which diplomas may be awarded to the previous graduating class; and 4) addressing students in the custody of the Department of Services for Children, Youth & Their Families (“DSCYF”).
Notice of the proposed regulation was published in the News Journal and the Delaware State News on June 7, 2014, in the form hereto attached as Exhibit “A”. Comments were received from Governor’s Advisory Council for Exceptional Citizens, the State Council for Persons with Disabilities, and the Delaware Center for Justice. The GACEC and SCPD expressed concerns related to: 1) the requirement of mathematic in the Senior year, 2) the change in the date by which a diploma may be granted for a particular senior class, 3) when a student is considered a 12th grader and the student has an IEP, 4) the IEP transition plan and how it is incorporated into the Student Success Plan (SSP), 5) and credits from other state agency educational programs. The Department does not believe that further clarification is needed within the regulation with regard to these items.
II. Findings of Facts
The Secretary finds that it is appropriate to amend 14 DE Admin. Code 505 High School Graduation Requirements and Diplomas in order to align the regulation with current best practice, federal timelines, and to provide students with the opportunity to graduate in a timely manner, and without undue burden.
III. Decision to Amend the Regulation
For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 505 High School Graduation Requirements and Diplomas. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 505 High School Graduation Requirements and Diplomas attached hereto as Exhibit “B” is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 505 High School Graduation Requirements and Diplomas hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.
IV. Text and Citation
The text of 14 DE Admin. Code 505 High School Graduation Requirements and Diplomas amended hereby shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 505 High School Graduation Requirements and Diplomas in the Administrative Code of Regulations for the Department of Education.
V. Effective Date of Order
The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on July 17, 2014. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.
IT IS SO ORDERED the 17th day of July 2014.
Approved this 17th day of July 2014
Advisement means a documented process that engages students in ongoing discussion and planning with school staff to identify their personal talents and interests and plan their career goals accordingly.
"Career Pathway" means the three (3) credits of pre planned and sequential courses required for graduation designed to develop knowledge and skills in a particular career or academic area. The Career Pathway shall be included in the Student Success Plan.
Core Course Creditmeans a credit in an English Language Arts, Mathematics, Science or Social Studies course.
"Credit" means the acquisition of skills and knowledge at a satisfactory level as determined by the district and charter school boards through 135 hours (a Carnegie Unit) of actual classroom instruction, which may include various methods of delivery or through locally approved options contained in Section 8.0.
"Credit for Computer Literacy" means credit granted toward graduation at any point when the student can demonstrate competency in the required skill areas either through an integrated approach, a specific course, or a demonstration of accumulated knowledge over the student's educational career.
"Department" means the Delaware Department of Education.
"English Language Arts" means those four components of reading, writing and oral communication, language, and speaking and listening that are included in the State Content Standards for high school English Language Arts as required in 14 DE Admin. Code 501.
"Health Education" means those components that are included in the State Content Standards for high school health education as required in 14 DE Admin. Code 501.
"High School" means grades 9 through 12.
"Mathematics" means those components conceptual categories of number sense and quantity, algebra, functions, geometry, statistics and probability combined with problem solving, modeling, reasoning, communicating, and making connections that are included in the State Content Standards for high school mathematics as required in 14 DE Admin. Code 501 either through integrated courses or in courses titles such as Algebra I, Algebra II, Geometry, Trigonometry, Pre-Calculus, Calculus, Discrete Mathematics, Statistics, and Probability.
“Novice-high proficiency level” means the novice-high level of proficiency of certain skills and knowledge as defined by the American Council for the Teaching of Foreign Languages (ACTFL).
"Physical Education" means those components that are included in the State Content Standards for high school physical education as required in 14 DE Admin. Code 501.
Program of Study means an academic and career plan based on post-secondary goals and comprised of academic, career, and technical content that prepares students to make successful transitions to post-secondary education and the workplace.
"Science" means those components of the nature of science which include inquiry, materials and their properties, energy and its effects, Earth in space, Earth's dynamic systems, life processes, diversity and continuity of living things, and ecology science and engineering practices, matter and its interactions, motion and stability, energy and its effects, waves and their applications, Earth's place in the universe, Earth's systems, Earth and human activity, life structure and processes, ecosystems, heredity, diversity and continuity of living thing, engineering design, and the links among engineering, technology, science, and society that are included in the State Content Standards for high school science as required in 14 DE Admin. Code 501 either through integrated courses or in course titles such as Earth Science, Biology, Chemistry and Physics.
"Social Studies" means those components of civics, economics, geography, and history that are included in the State Content Standards for high school social studies as required in 14 DE Admin. Code 501 either through integrated courses or in course titles such as United States History, World History, Geography, Economics, and Civics.
Student Success Plan (SSP) means a plan encompassing a minimum of five years including one year beyond high school developed and updated at least annually by the student, the student’s advisor, at least one other staff member and the student’s parent(s) guardian(s) or relative caregiver. The student’s plan includes courses needed in preparation for immediate entry into the work force or opportunities in post secondary education. The plan also includes the support services necessary for the student to graduate from high school. An additional year of high school may be an option for inclusion in the Student Success Plan.
"Student Success Plan (SSP)" means a plan encompassing a minimum of five years including one year beyond high school, which sets post-secondary goals for a student based on academic and career interests. The student's plan includes a program of study based on the academic courses, electives, and extracurricular opportunities needed in preparation for immediate entry into the work force and post-secondary education. The plan also includes the support services necessary for the student to graduate from high school.
Support Services means those educational interventions such as tutoring; extra time before school, in school, or after school; summer school, an extra year(s) of high school or any other strategy to provide student educational assistance.
Student in DSCYF custody means a student, who is or was in the custody of the Department of Services for Children, Youth & Their Families (“DSCYF”), pursuant to Chapter 25 of Title 13 of the Delaware Code, for any length of time, during his or her enrollment in high school.
"World Languages" means any language other than English that is used by peoples around the world for communicating information and ideas and transmitting its culture(s), including American Sign Language (ASL), Latin and Ancient Greek.
[3.2.1] Students may fulfill the two (2) credit World language requirement by either:
3.2.[1.]1 Earning a minimum of two (2) World Language credits in the same language or,
3.2.[1.]2 Demonstrating Novice-high or higher proficiency level on a nationally recognized assessment of language proficiency, except English, in the skill areas of oral or signed expressive and receptive communication, reading and writing, that uses the levels of proficiency as identified by the American Council for the Teaching of Foreign Language, or as approved for use by the Delaware Department of Education.
[3.2.2 Any student enrolling in a Delaware public high school from an out-of-state school or nonpublic Delaware high school between and including October 1st of the 11th grade year and September 30th of the 12th grade year with one (1) World Language credit from a previous school shall be required to earn the second credit in that language unless the language is not offered at the enrolling school. In such case, the student shall earn one (1) credit in an additional language for a total of two (2) credits or pursue available options in 8.0 to earn the second credit of the original language.
3.2.3 Any student enrolling in a Delaware public high school from an out-of-state school or nonpublic Delaware high school between and including October 1st of the 11th grade year and September 30th of the 12th grade year with no World Language credits, shall be required to earn at least one (1) World Language credit prior to graduation. Provided further, the minimum twenty-four (24) total credits outlined in this section shall still be met, or any other credit requirements pursuant to 7.1.
3.2.4 Any student enrolling in a Delaware public high school from an out-of-state school or nonpublic Delaware high school on or after October 1st of the 12th grade year, the World Language requirement shall be waived. Provided further, the minimum twenty-four (24) total credits outlined in this section shall still be met, or any other credit requirements pursuant to 7.1.
4.1.1 The student shall complete earn credit upon completion of mathematics course work that includes no less than the equivalent of the traditional requirements of Geometry, Algebra I and Algebra II courses. The student shall complete an Algebra II or Integrated Mathematics III course as one of the Mathematics credits.
4.1.43 The student shall complete a U. S. History course as one of the Social Studies credits.
4.1.54 During the senior year the student shall maintain a credit load each semester that earns the student at least a majority of credits that could be taken that semester. A credit in Mathematics shall be earned during the senior year. Further provided, a student participating in a dual enrollment course or dual credit course, as defined in 14 DE Admin. Code 506 Policies for Dual Enrollment and Awarding Dual Credit, shall be considered to be meeting the majority of credits, as long as a credit in Mathematics is earned during the senior year.
4.1.54.1 Senior year credits shall include regular high school course offerings, the options available in 8.0, or a combination of both.
[4.2.1] Students may fulfill the two (2) credit World language requirement by either:
4.2.[1.]1 Earning a minimum of two (2) World Language credits in the same language or,
4.2.[1.]2 Demonstrating Novice-high or higher proficiency level on a nationally recognized assessment of language proficiency, except English, in the skill areas of oral or signed expressive and receptive communication, reading and writing, that uses the levels of proficiency as identified by the American Council for the Teaching of Foreign Language, or as approved for use by the Delaware Department of Education.
[4.2.2 Any student enrolling in a Delaware public high school from an out-of-state school or nonpublic Delaware high school between and including October 1st of the 11th grade year and September 30th of the 12th grade year with one (1) World Language credit from a previous school shall be required to earn the second credit in that language unless the language is not offered at the enrolling school. In such case, the student shall earn one (1) credit in an additional language for a total of two (2) credits or pursue available options in 8.0 to earn the second credit of the original language.
4.2.3 Any student enrolling in a Delaware public high school from an out-of-state school or nonpublic Delaware high school between and including October 1st of the 11th grade year and September 30th of the 12th grade year with no World Language credits, shall be required to earn at least one (1) World Language credit prior to graduation. Provided further, the minimum twenty-four (24) total credits outlined in this section shall still be met, or any other credit requirements pursuant to 7.1.
4.2.4 Any student enrolling in a Delaware public high school from an out-of-state school or nonpublic Delaware high school on or after October 1st of the 12th grade year, the World Language requirement shall be waived. Provided further, the minimum twenty-four (24) total credits outlined in this section shall still be met, or any other credit requirements pursuant to 7.1.
5.0 Monitoring Student Progress Student Success Planning (Personalizing the High School Experience Through Advisement)
5.1 Beginning with the 2007-2008 school year, eEvery eighth and ninth through twelfth grade student shall have a Student Success Plan (SSP) developed by the student, the student's advisor, at least one other school staff member and the student's parent(s), guardian(s) or relative caregiver. Each school year thereafter a grade shall be added so that by the 2011-2012 school year, every student in grades 8 through 12 shall have a Student Success Plan. For a student with an Individualized Education Program (IEP) the Student Success Plan (SSP) shall also incorporate the other aspects of the transition plan required by 14 DE Admin. Code 925.
5.2 Each local school district and charter school shall establish a an advisement process for developing Student Success Plans that includes which includes the student, the student’s advisor, and the student’s parent(s), guardian(s) or relative caregiver. The advisement process shall include:
5.2.12 Actively monitoring student progress, in the Student Success Plan through conferences held with the student and student’s advisor to discuss educational progress and career planning toward life goals on an ongoing basis and, at a minimum, by the end of at least once in each marking period in those courses required for graduation,
5.2.3 Annual updating review and update of the Student Success Plan by the student, the student's advisor, at least one other staff member and the student's parent(s) guardian(s) or relative caregiver and others as appropriate to assure alignment of educational progress and career planning toward life goals by the end of each school year.
5.2.24 Providing support services if a student is failing or in danger of failing a courses required for graduation, or is not on track toward completing the entry requirements for his or her post-secondary goals as stated in the SSP, and
5.2.45 Following the guidelines for Career and Technical Education (CTE) programs of study outlined in the CTE State Plan for Career and Technical Education.
5.2.56 Reviewing each student’s transcript at the end of the first and second year, and beginning in the 2014-15 school year, at the end of the first, second and third year of high school to determine if the student is on track to graduate based on the following criteria:
5.2.56.1 At the end of the first year of high school the student has earned at least three (3) four (4) core course credits and two (2) other course credits for a total of five (5) six (6) course credits; and
5.2.56.2 At the end of the second year of high school the student has earned at least six (6) eight (8) core course credits and four (4) other course credits for a total of ten (10) twelve (12) course credits.; and
5.2.6.3 At the end of the third year of high school the student has earned at least eleven (11) core course credits and seven (7) other course credits for a total of eighteen (18) course credits.
5.2.56.34 For a student with an Individualized Education Program (IEP), on track to graduate shall be consistent with 5.2.5.1 5.2.6.1, 5.2.6.2 and 5.2.5.2 5.2.6.3 unless otherwise determined by the student’s IEP Team.
8.1.65 Distance learning courses. These courses may be delivered by the teacher to the learner in real time, online or by video.
8.1.76 High school courses taken while in the middle school in conjunction with an articulated agreement between the district middle school and the district high school(s). Such credit shall also transfer to a high school in another district or to a charter school.
8.1.87 Course credit transferred from another high school.
8.1.98 Course credit earned through summer or evening school classes, as a member of the military service or as part of the James H. Groves Adult High School.
8.1.109 Tutoring programs taught by a teacher certified in the subject being taught.
8.1.110 Course credit awarded by agencies or instrumentalities of the state other than public schools which provide educational services to students. A description of the program provided to the student, grades given, and the number of clock hours of instruction or a demonstration of competency must be provided to the school district or charter school prior to receipt of credit.
9.3 Diplomas from one school year shall not be issued after December 31 September 15 of the next school year.
Last Updated: December 31 1969 19:00:00.
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