DEPARTMENT OF EDUCATION

Office of the Secretary

FINAL

REGULATORY IMPLEMENTING ORDER

101 State Assessment System

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 101 Delaware Student Testing Program. The regulation is being amended to reflect changes to the state assessment system.

The Department is proposing several amendments including, but not limited to: 1) replacing the Delaware Student Testing Program (DSTP) with Delaware Comprehensive Assessment System (DCAS); 2) a definition that identifies the various assessments that are part of the state assessment system including a norm referenced assessment, a college readiness assessment and an assessment for English Language Learners (ELL); 3) changes to reflect four (4) performance levels; 4) changes around the diploma requirement, including information related to other academic indicators; 5) updates to the Security and Confidentiality section; 6) procedures for the review of the assessment in light of the online computer adaptive nature of the assessment; and 7) revisions to the Invalidations and Special Exemptions section.

Notice of the proposed regulation was published in the News Journal and the Delaware State News on April 1, 2011 in the form hereto attached as Exhibit “A”. Comments were received from Governor’s Advisory Council for Exceptional Citizens and the State Council for Persons with Disabilities. A comment was received regarding language that was removed from the levels of performance in the regulation. The Department believes the subjective nature of the descriptions proposed for deletion is better suited to other information documents provided to the public and parents/guardian. There was a comment related to the deletion of the requirement that within 30 days of receiving student performance levels and diplomas indices that the school district or charter school provide this information to the parent, guardian or Relative Caregiver. This specific requirement was removed primarily because of the longer assessment windows and because the assessment is administered multiple times during the school year. Parents, guardians and Relative Caregivers continue to be provided written reports on student performance. The student consequences for the 2010-2011 school year are suspended through the FY11 Budget Bill Epilogue.

A comment was also received regarding special exemptions and student consequences. This provision was not changed since the 10th grade consequences as written are tied to receiving a diploma rather than summer school.

Another comment encourages the Department to pursue development of a writing assessment and also to revisit the definition of proficiency for the diploma.

The Department has made a change to section 9.2.3.2 that specifically excludes a student that has a special exemption from the participation rate for accountability. Additionally, a change was made to section 2.4 since there would not be a cut point for Performance Level 1 since scores below Performance Level 2 would be Performance Level 1.

The Department contacted the Register of Regulations because several non-substantive changes requested by the Department were not published in the April Register of Regulations. The Council identified one of the areas that the Department had proposed but was not published.

II. Findings of Facts

The Secretary finds that it is appropriate to amend 14 DE Adm in. Code 101 Delaware Student Testing Program in order to revise the regulation to be consistent with the attributes of the new state assessment system.

III. Decision to Amend the Regulation

For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Adm in. Code 101 Delaware Student Testing Program. Therefore, pursuant to 14 Del.C. §122nd, 14 DE Adm in. Code 101 Delaware Student Testing Program attached hereto as Exhibit “B” is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 101 Delaware Student Testing Program 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 101 Delaware Student Testing Program amended hereby shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 101 Delaware Student Testing Program 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 May 19, 2011. 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 19th day of May 2011.

Department of Education

Lillian M. Lowery, Ed.D., Secretary of Education

Approved this 19th day of May 2011

STATE BOARD OF EDUCATION

101 Delaware Student Testing Program State Assessment System

The Delaware Student Testing Program (DSTP) shall include the assessments of all students in grades 2 to 10 in the areas of reading and mathematics, grades 3 to 10 in the area of writing and the assessments of all students in grades 4, 6, 8, and 11 in the areas of science and social studies. The DSTP shall also include the participation of Delaware students in the National Assessment of Educational Progress (NAEP) as determined by the Department of Education. All districts and charter schools shall participate in all components of the DSTP including field test administrations.

1.1 All students in said grades shall be tested except that students with disabilities and English Language Learners (ELLs) shall be tested according to the Department of Education’s Guidelines for the Inclusion of Students with Disabilities and English Language Learners (ELLs), as the same, may from time to time be amended hereafter.

1.2 The Department of Education shall determine the dates upon which the DSTP will be administered, and will advise the school districts and charter schools of those dates.

1.1 Purpose: The purpose of this regulation is to outline the procedures, criteria and responsibilities related to the state assessment system required pursuant to 14 Del.C. §151.

1.2 Definitions:

“Delaware Comprehensive Assessment System (DCAS)” means the statewide assessment used to measure student achievement of the Delaware academic content standards, including an alternate assessment based on alternate achievement standards for students with the most significant cognitive disabilities, used in the Delaware public schools, and a summative assessment measuring student achievement based solely on grade-level academic content standards or the alternate achievement standards, using only on grade-level items and passages.

The Delaware Comprehensive Assessment System (DCAS) shall include the assessments of all students in grades 2 through 10 in the areas of reading and mathematics; the assessments of all students in grades 5, 8, and 10 in science; and the assessments of all students in grades 4 and 7 in social studies. All districts and charter schools shall participate in all components of the DCAS including field test administrations.

All students in said grades shall be tested except that students with disabilities and English Language Learners (ELLs) shall be tested according to the Department of Education’s Guidelines for the Inclusion of Students with Disabilities and English Language Learners (ELLs), as the same may from time to time be amended hereafter.

The Department of Education shall determine the dates upon which the DCAS shall be administered, and will advise the school districts and charter schools of those dates.

“State Assessment System” means the statewide assessment used to measure student achievement of the Delaware academic content standards including an alternate assessment based on alternate achievement standards for students with the most significant cognitive disabilities, and other assessments such as, but not limited to, the National Assessment for Educational Progress (NAEP), a college readiness assessment, an assessment for English Language Learners (ELL), a norm-referenced assessment that may be administered or required as determined by the Department of Education.

2.1 There shall be five four levels of student performance relative to the State Content Standards on the assessments administered to students in grades 3 through 10 in reading, and mathematics and writing and; to students in grades 4, 6, 8 and 11 in social studies and 5, 8, and 10 in science; and to students in grades 4 and 7 in social studies. There shall be three levels of performance for students in grade 2 in reading and mathematics. The cut points for Distinguished, Exceeds the Standard Advanced, Meets the Standard and, Below the Standard shall be determined by the Department of Education with the consent of the State Board of Education, using advice from a standard setting body. The standard setting body shall utilize a proven method for setting standards on test instruments that utilizes student work assessment data in making the recommendation. Said levels are defined and shall be determined as follows:

2.1 Distinguished Performance (Level 5): A student's performance in the tested domain is deemed exceptional. Students in this category show mastery of the Delaware Content Standards beyond what is expected of students performing at the top of the grade level. Student performance in this range is often exemplified by responses that indicate a willingness to go beyond the task, and could be classified as “exemplary.” The cut points for Distinguished Performance shall be determined by the Department of Education, with the consent of the State Board of Education.

2.2 Exceeds the Performance Standard (Level 4) Advanced (Performance Level 4): A student's performance in the tested domain goes well beyond the fundamental skills and knowledge required for students to Meet the Performance Standard. Students in this category show mastery of the Delaware Content Standards beyond what is expected at the grade level. Student performance in this range is often exemplified by work that is of the quality to which all students should aspire, and could be classified as “very good.” The cut points for Exceeds the Performance Standard Advanced shall be determined by the Department of Education, with the consent of the State Board of Education.

2.3 Meets the Performance Standard (Performance Level 3): A student's performance in the tested domain indicates an understanding of the fundamental skills and knowledge articulated in the Delaware Content Standards. Students in this category show mastery of the Delaware Content Standards at grade level. Student performance in this range can be classified as “good.” The cut points for Meets the Performance Standard shall be determined by the Department of Education, with the consent of the State Board of Education.

2.4 Below the Performance Standard (Performance Level 2): A student's performance in the tested domain shows a partial or incomplete understanding of the fundamental skills and knowledge articulated in the Delaware Content Standards. Students who are Below the Performance Standard may require additional instruction in order to succeed in further academic pursuits, and can be classified as academically “deficient.” The cut points for Below the Performance Standard shall be determined by the Department of Education, with the consent of the State Board of Education.

2.5 Well Below the Performance Standard (Performance Level 1): A student's performance in the tested domain shows an incomplete and a clearly unsatisfactory understanding of evidence of an inability to apply the fundamental skills and knowledge articulated in the Delaware Content Standards. Students who are Well Below the Performance Standard have demonstrated broad deficiencies in terms of the standards indicating that they are poorly prepared to succeed in further academic pursuits and can be classified as “very deficient.” [The cut points for Well Below the Performance Standard shall be determined by the Department of Education, with the consent of the State Board of Education.]

3.1 Local school districts and charter schools may consider other indicators of student performance relative to the state content standards pursuant to 14 Del.C. §153 when determining the placement of students who score at Level 1 or Level II 2 on a mandated retake of a portion of the DSTP DCAS. Pursuant to 14 Del.C. §153 and 153, local school districts and charter schools may also consider other indicators of student performance relative to the state content standards when determining if a student may advance to the next grade level without attending summer school. The only other indicators of student performance that may be considered by a local school district or charter school are: student performance on district administered tests pursuant to 14 Del.C. §153; student performance on end of course assessments; student classroom work products and classroom grades supported by evidence of student work that demonstrates a student’s performance pursuant to 14 Del.C. §153.

3.2 Any local school district or charter school planning to use other indicators of student performance shall submit the proposed indicators to the Department of Education by September 1st of each year.

3.2.1 Any such submission must include a demonstration of how an indicator of student performance aligns with and measures state content standards and the level of performance required to demonstrate performance equivalent to meeting state content standards.

3.2.2 Any proposed indicators of student performance must be approved by the Department of Education following consultation with the Student Assessment and Accountability Committee and the State Board of Education.

3.3 An academic review committee composed of educators in the student’s local school district or charter school may then determine if a student has demonstrated proficient performance relative to the state content standards using evidence from the other indicators of student performance as approved by the Department of Education.

3.3.1 The academic review committee shall be composed of two classroom teachers from the student’s tested grade, one classroom teacher from the grade to which the student may be promoted, one guidance counselor or other student support staff member and two school building administrators.

3.3.2 The supervisor of curriculum or instruction for the school district or charter school or his/ her designee shall chair the committee.

3.3.3 Placement of students with disabilities who are eligible for special education and related services is determined by the student’s IEP team.

4.1 The following students are required to have an Individual Improvement Plan:

Students who score below Level 3 Meets the Standard, on the reading portion of the 2nd, 3rd, 4th, 5th, 6th, 7th, or 8th grade Delaware Student Testing Program DCAS or the mathematics portion of the 6th, 7th, or 8th grade Delaware Student Testing Program DCAS shall have an Individual Improvement Plan prepared by school personnel and signed by the teacher(s), principal or designee and the student’s parent, guardian or Relative Caregiver.

4.2 The Individual Improvement Plan shall be on a form adopted by the student’s school district or charter school. The IIP shall be placed in a student’s cumulative file and shall be updated based on the results of further assessments. Such assessments may include further DSTP DCAS results as well as local assessments, classroom observations or inventories. For students with an Individualized Education Program (IEP), the IEP shall serve as the Individual Improvement Plan (IIP).

4.3 The Individual Improvement Plan shall at a minimum identify a specific course of study for the student that the school will provide and the academic improvement activities that the student shall undertake to help the student progress towards meeting the standards. Academic improvement activities may include mandatory participation in summer school, extra instruction and mentoring programs.

4.4 The Individual Improvement Plan shall be prepared by school personnel and signed by the teacher(s), principal or designee and the student’s parent, guardian or Relative Caregiver who must sign and return a copy of the student’s Individual Improvement Plan to the student’s school by the end of the first marking period.

4.5 Disputes initiated by a student’s parent or legal guardian or Relative Caregiver concerning the student’s IIP shall be decided by the academic review committee. Any dispute concerning the content of a student’s IEP is subject to resolution in conformity with the Regulations, Children with Disabilities 14 DE Admin. Code 900.

5.1 Summer school programs shall be provided by the student’s district of residence with the following exceptions:

5.1.1 Where a student attends another district as a result of school choice or attends a charter school, the district of choice or charter school shall provide the summer school program.

5.1.2 Where by mutual agreement of both districts or a charter school and the student’s parent, guardian or Relative Caregiver, another district provides services.

5.1.3 Where by mutual agreement of the student’s school district or a charter school and the student’s parent, guardian or Relative Caregiver, the parent, guardian or Relative Caregiver arranges for summer school instruction to be provided outside the public school system. Under such conditions the parent, guardian or Relative Caregiver shall be responsible for the cost of providing nonpublic school instruction unless the districts or the charter school and parents or guardian agree otherwise. Requirements for secondary testing shall be met.

5.1.4 Where a student has been offered admission into a career technical school district or charter school, that district or charter school may provide summer school services.

6.1 Students who graduate from a Delaware public high school, as members of the class of 2004 through and including the class of 2007 shall be subject to the diploma index for a distinguished diploma as stated herein.

6.1.1 Beginning in 2005 for the graduating class of 2006, the Department shall calculate a diploma index based upon the student’s grade 10 Delaware Student Testing Program performance levels in reading, writing, mathematics and the grade 11 Delaware Student Testing Program performance levels in science and social studies.

6.2 A student may choose to participate in additional scheduled administrations of the DSTP in order to improve his/her diploma index. The highest earned performance level in each content area will be used in calculating the diploma index.

6.3 The diploma index shall be calculated by multiplying the earned performance level in each content area by the assigned weight and summing the results.

6.3.1 Beginning with the year 2005, the assigned weights shall be.20 for reading, .20 for mathematics, .20 for writing, .20 for science and .20 for social studies for the graduating class of 2006 and beyond.

6.4 Students who graduate as members of the class of 2006 through and including the class of 2007 shall qualify for a State of Delaware Distinguished High School diploma or a traditional State of Delaware High School diploma as follows:

6.4.1 A student shall be awarded a Distinguished State Diploma upon attainment of a diploma index greater than or equal to 4.0 and provided that the student has met all of the requirements as specified in 14 DE Admin. Code 505, and shall meet any other additional criteria as determined by the local district or charter school

6.4.1.1 Beginning with the graduating class of 2006 through and including the graduating class of 2007, "Other Academic Indicators" may be substituted for specific content area DSTP scores. The Other Academic Indicators shall be:

6.4.1.1.1 SAT Reasoning Test Verbal score or the SAT Reasoning Test Reading score between 544 and 621 representing a Performance Level 4 on the reading portion of the diploma index;

6.4.1.1.2 SAT Reasoning Test Verbal score or the SAT Reasoning Test. score of 622 or higher representing a Performance Level 5 on the reading portion of the diploma index;

6.4.1.1.3 SAT Reasoning Test Mathematics score between 547 and 617 representing a Performance Level 4 the mathematics portion of the diploma index;

6.4.1.1.4 SAT Reasoning Test Mathematics score of 618 or higher representing a Performance Level 5 on the mathematics portion of the diploma index;

6.4.1.1.5 SAT Reasoning Test Writing score between 554 and 646 representing a Performance Level 4 on the writing portion of the diploma index];

6.4.1.1.6 SAT Reasoning Test Writing score or SAT Subject Test writing score of 647 or higher representing a Performance level of y on the writing pro ti on to the diploma index;

6.4.1.1.7 Advanced Placement score of 3 representing a Performance Level 4 on the diploma index; and

6.4.1.1.8 Advanced Placement score of 4 or 5 representing a Performance Level 5 on the diploma index.

6.4.1.1.9 Advanced Placement scores may be substituted for specified content areas including, but not limited to, Advanced Placement English Literature and Composition for the reading portion of the diploma index; Advanced Placement English Language and Composition for the writing portion of the diploma index; Advanced Placement Calculus AB, BC or Statistics for the mathematics portion of the diploma index; Advanced Placement Biology, Chemistry, Environment Science, or Physics B and C for the science portion of the diploma index; and Advanced Placement Economics (macro, micro), European History, Government and Politics Comp, Government and Politics U.S., Human Geography, Psychology, U.S. History, or World History for the social studies portion of the diploma index.

6.4.1.1.10 Other nationally administered tests which have scores that can be converted to the SAT scale may be used if the converted score is equal to or higher than the SAT cut score.

6.4.2 A student who does not qualify for a Distinguished diploma based solely on the diploma index may request the high school submit official documentation of the Other Academic Indicators to the Department.

6.4.3 A student shall be awarded a traditional State of Delaware Diploma provided the student has met all other requirements for graduation as established by the State and local districts or charter schools.

6.5 6.1 Students who graduate from a Delaware public high school, as members of the class of 2008 and beyond shall meet the following requirements for receipt of a traditional State of Delaware diploma:

6.51.1 The student shall meet all of the requirements as specified in 14 DE Admin. Code 505, and shall meet any other additional criteria as determined by the local district or charter school; and

6.51.2 The student shall demonstrate proficient levels of performance relative to the State content standards in reading, writing, mathematics, science and social studies. The student may demonstrate proficient levels of performance through the calculated diploma index or Other Academic Indicators. as follows:

6.5.2.1 The student shall have a diploma index of 3.0 or higher.

6.5.2.1.1 The Department shall calculate a diploma index based upon the student's grade 10 Delaware Student Testing Program performance levels in reading, writing, and mathematics and the grade 11 Delaware Student Testing Program performance levels in science and social studies.

6.5.2.1.2 The diploma index shall be calculated by multiplying the earned performance level in each content area by the assigned weight of .20 for each content area and summing the results.

6.5.2.1.3 A student with less than a 3.0 diploma index based on the 10th grade assessments in reading, writing and mathematics shall be required to retest in at least one of the content areas the student received a score below Performance Level 3. A student may choose to participate in additional scheduled administrations of the DSTP in order to improve his/her diploma index. The highest earned performance level in each content area will be used in calculating the diploma index.

6.5.2.2 The student may use Other Academic Indicators as a substitute for specific content area DSTP scores. A student shall be required to retest in any content area the student received a score below Performance Level 3 before any other academic indicator can be used as a substitute for that content area.

6.5.2.2.1 SAT Reasoning Critical Reading score between 200 and 334 representing a Performance Level 1 on the reading portion of the diploma index;

6.5.2.2.2 SAT Reasoning Critical Reading score between 335 and 430 representing a Performance Level 2 on the reading portion of the diploma index;

6.5.2.2.3 SAT Reasoning Critical Reading score between 431 and 543 representing a Performance Level 3 on the reading portion of the diploma index;

6.5.2.2.4 SAT Reasoning Critical Reading score between 544 and 621 representing a Performance Level 4 on the reading portion of the diploma index;

6.5.2.2.5 SAT Reasoning Critical Reading score between 622 and 800 representing a Performance Level 5 on the reading portion of the diploma index;

6.5.2.2.6 SAT Reasoning Test Mathematics score between 200 and 414 representing a Performance Level 1 the mathematics portion of the diploma index;

6.5.2.2.7 SAT Reasoning Test Mathematics score between 415 and 477 representing a Performance Level 2 the mathematics portion of the diploma index;

6.5.2.2.8 SAT Reasoning Test Mathematics score between 478 and 546 representing a Performance Level 3 the mathematics portion of the diploma index;

6.5.2.2.9 SAT Reasoning Test Mathematics score between 547 and 617 representing a Performance Level 4 on the mathematics portion of the diploma index;

6.5.2.2.10 SAT Reasoning Test Mathematics score between 618 and 800 representing a Performance Level 5 on the mathematics portion of the diploma index;

6.5.2.2.11 SAT Reasoning Test Writing score between 200 and 394 representing a Performance Level 1 on the writing portion of the diploma index;

6.5.2.2.12 SAT Reasoning Test Writing score between 395 and 474 representing a Performance Level 2 on the writing portion of the diploma index;

6.5.2.2.13 SAT Reasoning Test Writing score between 475 and 553 representing a Performance Level 3 on the writing portion of the diploma index;

6.5.2.2.14 SAT Reasoning Test Writing score between 554 and 646 representing a Performance Level 4 on the writing portion of the diploma index;

6.5.2.2.15 SAT Reasoning Test Writing score between 647 and 800 representing a Performance Level 5 on the writing portion of the diploma index;

6.5.2.2.16 Advanced Placement score of 3 representing a Performance Level 4 on the diploma index; and

6.5.2.2.17 Advanced Placement score of 4 or 5 representing a Performance Level 5 on the diploma index.

6.5.2.2.18 Advanced Placement scores may be substituted for specified content areas including, but not limited to, Advanced Placement English Literature and Composition for the reading portion of the diploma index; Advanced Placement English Language and Composition for the writing portion of the diploma index; Advanced Placement Calculus AB, BC or Statistics for the mathematics portion of the diploma index; Advanced Placement Biology, Chemistry, Environment Science, or Physics B and C for the science portion of the diploma index; and Advanced Placement Economics (macro, micro), European History, Government and Politics Comp, Government and Politics U.S., Human Geography, Psychology, U.S. History, or World History for the social studies portion of the diploma index.

6.5.2.2.19 ACT English Plus Reading score of 25 or lower representing a Performance Level 1 on the reading portion of the diploma index;

6.5.2.2.20 ACT English Plus Reading score between 26 and 35 representing a Performance Level 2 on the reading portion of the diploma index;

6.5.2.2.21 ACT English Plus Reading score between 36 and 47 representing a Performance Level 3 on the reading portion of the diploma index;

6.5.2.2.22 ACT English Plus Reading score between 48 and 57 representing a Performance Level 4 on the reading portion of the diploma index;

6.5.2.2.23 ACT English Plus Reading score of 58 or higher representing a Performance Level 5 on the reading portion of the diploma index;

6.5.2.2.24 ACT Mathematics score of 17 or lower representing a Performance Level 1 on the mathematics portion of the diploma index;

6.5.2.2.25 ACT Mathematics score of 18 and 19 representing a Performance Level 2 on the mathematics portion of the diploma index;

6.5.2.2.26 ACT Mathematics score between 20 and 23 representing a Performance Level 3 on the mathematics portion of the diploma index;

6.5.2.2.27 ACT Mathematics score between 24 and 27 representing a Performance Level 4 on the mathematics portion of the diploma index; and

6.5.2.2.28 ACT Mathematics score of 28 or higher representing a Performance Level 5 on the mathematics portion of the diploma index.

6.51.3 A student who does not demonstrate proficient performance relative to the state content standards pursuant to Sections 6.5.2.1 or 6.5.2.2 of this regulation by January 1 of the year in which he/she the student is scheduled to graduate; or who has enrolled from another state or nonpublic school in Delaware during the school year in which the student is scheduled to graduate shall have the school or charter school academic review committee review additional Other Academic Indicators of student performance for purposes of satisfying 6.51.2 of this regulation. The only Other Academic Indicators of student performance that may be considered by a local school district or charter school are: student performance on district administered tests pursuant to 14 Del.C. §153(e)(1); student performance on end of course assessments; student classroom work products; and classroom grades supported by evidence of student work that demonstrates a student’s performance pursuant to 14 Del.C. §153(a). The district or charter school shall make the determination of whether the student has demonstrated proficient performance relative to the state content standards pursuant to 6.5.2.1 or 6.5.2.2.

6.51.3.1 Any local school district or charter school planning to use Other Academic Indicators of student performance shall submit the other academic indicators to the Department of Education, for recording and filing purposes only, by September 1st of each year.

6.51.3.2 An academic review committee composed of educators in the student's local school district or charter school may then determine if a student has demonstrated proficient performance relative to the state content standards using evidence from the Other Academic Indicators of student performance.

6.6 Parent, Guardian or Relative Caregiver Notification: Within 30 days of receiving student performance levels and diploma indices, school districts and charter schools shall provide written notice of the same and the consequences thereof to the student’s parent, guardian or Relative Caregiver.

In order to assure uniform and secure procedures, the Delaware Student Testing Program Comprehensive Assessment System shall be administered pursuant to the Delaware Student Testing Program Comprehensive Assessment System Coordinators Handbook, as the same, may from time to time be amended hereafter.

7.1 Every district superintendent, district test state assessment coordinator, school principal, school test state assessment coordinator and test state assessment administrator shall sign the certification provided by the Department of Education regarding test assessment security before, during and after test assessment administration.

7.2 Violation of the security or confidentiality of any test assessment required by the Delaware Code and the Regulations of the Department of Education shall be prohibited.

7.3 Procedures for maintaining the security and confidentiality of an test assessment shall be specified in the appropriate test assessment administration materials in 14 Del.C. §170 through §174.

7.4 Procedures for Reporting Security Breaches

7.4.1 School Test State Assessment Coordinators shall report any questionable situations to the District Test State Assessment Coordinators immediately.

7.4.2 District Test State Assessment Coordinators, and for charter schools, the School State Assessment Coordinators, shall report all situations immediately to the State Director of Assessment and Analysis Accountability Resources.

7.4.2.1 Within 5 days of the incident the District Test State Assessment Coordinator or charter school School State Assessment Coordinator shall file a written report with the State Director of Assessment and Analysis Accountability Resources that includes the sequence of events leading up to the situation, statements by everyone interviewed, and any action either disciplinary or procedural, taken by the district or charter school.

7.4.2.2 Following a review of the report by the State Director of Assessment and Analysis Accountability Resources and the Associate Secretary of Education for Assessment and Accountability Teaching and Learning, an investigator from the State Department of Education will be assigned to verify the district or charter school report.

7.4.2.3 Within 20 working days of the receipt of the report from the District Test State Assessment Coordinator or, for a charter school, the School State Assessment Coordinator, the assigned investigator shall meet with the district or charter school personnel involved in the alleged violation. The meeting will be scheduled through the District Test State Assessment Coordinator or, for a charter school, School State Assessment Coordinator and the investigator shall be provided access to all parties involved and to any witnesses.

7.4.2.4 The investigator shall report the findings to the Associate Secretary for Assessment and Accountability Teaching and Learning. Following the review the Associate Secretary shall make a ruling describing any recommendations and or required actions.

7.4.2.5 The ruling shall be delivered within 20 working days of the receipt of all reports and information and records shall be kept of all investigations.

8.1 School personnel, local school board members and the public may request to review the Delaware Student Testing Program (DSTP) questions. In order to review the DSTP questions individuals shall make a request in writing to the State Director of Assessment and Analysis for an appointment at the Department of Education. A student’s current teacher(s), an eligible student, or a student’s parent, guardian, or relative caregiver may request to review the DCAS questions for a specific student or students subject to the following provisions:

8.1.1 Any request to review a DCAS assessment shall be done on a form developed by the Department of Education. The completed and signed form shall be sent to the State Director of Accountability Resources.

8.1.2 A student’s teacher’s request shall include an appropriate reason for reviewing the student’s assessment. Appropriate reasons shall include the following: concerns about incorrect scoring; suspicion of misattribution of scores; or other reasons acceptable to the Department.

8.1.3 The Department shall be allowed sufficient time to secure a copy of the student’s assessment questions and corresponding responses from the assessment vendor.

8.1.4 8.1.1 The Department shall arrange a mutually convenient time and location for a meeting to review the assessment information with the requesting individual(s). At the time of the appointment, the individual shall: provide proper identification upon arrival, sign a confidentiality document, remain with a Department of Education staff member while reviewing the test assessment questions and take nothing out of the viewing area.

8.1.5 The Department shall review the procedures for reviewing the DCAS questions for a specific student or students, assist the individual(s) as requested, and keep records of all reviews.

8.1.2 The Department of Education’s responsibility is to do the following: schedule the review at a mutually agreeable time, notify the local district that the review has been requested, review the procedures for looking at the DSTP questions, assist the individual(s) as requested and keep records of all reviews.

8.1.3 In cases where more than one individual is requesting to view the DSTP questions, the local school district shall send a representative to sit in on the review.

8.2 A student’s parent, guardian or Relative Caregiver may request to view the test questions and that student’s responses. In order to review the DSTP questions and that student’s responses, the student’s parent, guardian or Relative Caregiver shall make a request in writing to the State Director of Assessment and Analysis for an appointment at the Department of Education. The Department shall be allowed sufficient time to secure a copy of student responses from the test vendor.

8.2.1 At the time of the appointment, the individual shall: provide proper identification upon arrival, sign a confidentiality document, remain with a Department of Education staff member while reviewing the test questions and take nothing out of the viewing area.

8.2.2 The Department of Education’s responsibility is to do the following: schedule the review at a mutually agreeable time, notify the local district that the review has been requested, review the procedures for looking at the DSTP questions, assist the individual(s) as requested and keep records of all reviews.

8.2.3 In the case of the stand alone writing response, the student’s parent, guardian or Relative Caregiver may go to the local school district or charter school to view the test responses.

9.1 Invalidations for students in grades 2 through 10 for reading and mathematics, grades 3 through 10 for writing and grades 4, 6, 8 and 11 for science and social studies students in grades 5, 8, and 10 in science; and students in grades 4 and 7 in social studies: Invalidations are An Invalidation is a response to an events or situations that occurs during the administration of the DSTP DCAS assessments which may result in a statistically unreliable or invalid score report for a student. Invalidations may occur as a result of either: intentional student conduct, including but not limited to cheating and disruptive behavior; or unforeseen and uncontrollable events, including but not limited to onset of illness.

9.1.1 Reporting of events or situations that occur during testing assessment.

9.1.1.1 The school building principal or designee shall notify the District Test State Assessment Coordinator in writing within 24 hours of events or situations that the principal reasonably believes may result in an invalid score report for a student(s).

9.1.1.2 The District Test State Assessment Coordinator or charter school School State Assessment Coordinator shall notify the Department of Education staff person assigned to the district or charter school for test assessment security purposes as soon as the Coordinator learns of events or situations which may result in invalidation(s).

9.1.1.2.1 The District Test State Assessment Coordinator or charter school School State Assessment Coordinator shall submit an DSTP Incident Report Form within three business days of the events. Written reports from the building principal or designee and any staff must be included with the DSTP Incident Report.

9.1.1.3 The Director of Assessment Accountability Resources for the Department of Education shall determine whether the reported events warrant invalidating a student(s) score and such decision shall be final.

9.1.1.3.1 If the Director determines that the events also warrant a security investigation the matter will be referred to the Department of Education staff person assigned to the district or charter school for test security purposes.

9.1.2 Consequences of invalidations.

9.1.2.1 Whenever the Director of Assessment Accountability Resources for the Department of Education determines that a student’s assessment test score is invalid as a result of an intentional act of the student, the student will may be assigned a performance level 1 (well below standard) or other action recommended by a review committee, made up of Department of Education staff, and agreed upon by the Secretary of Education for that assessment and will be subject to such consequences as may otherwise be imposed pursuant to law for students who score at performance level 1 of the assessment; tThe assessment test score of any such student shall be reported and counted in the test assessment scores of the student’s school for all purposes, including school and district accountability.

9.1.2.2 Whenever the Director of Assessment Accountability Resources for the Department of Education determines that a student’s assessment test score is invalid as a result of an event which is unforseen and beyond the control of the student and if the student is unable to participate in a regularly scheduled test make up assessment, the student shall not be subject to any of the consequences as would otherwise be imposed pursuant to law; the assessment score of any such student shall not be reported or counted in the test scores of the student’s school for any purpose, including school and district accountability.

9.2 Special Exemptions for students in grades 2 through 10 for reading and mathematics, grades 3 through 10 for writing and grades 4, 6, 8 and 11 for science and social studies: students in grades 5, 8, and 10 in science; and students in grades 4 and 7 in social studies. A special exemption may be available when a student’s short term, physical or mental condition prevents the student from participating in the DSTP assessments even with accommodations, or when an emergency arising before the start of the test prevents the student’s participation.

9.2.1 Special exemptions for students who are tested according to the Department of Education’s Guidelines for Inclusion of Students with Disabilities and English Language Learners (ELLs) are also available as provided in the Guidelines.

9.2.2 Requests for special exemptions based on physical or mental condition.

9.2.2.1 Special exemptions based on a student’s physical or mental condition may be available for students suffering from terminal illnesses or injuries or receiving extraordinary short term medical treatment for either a physical or psychiatric condition. Requests for exemptions on these grounds shall be accompanied by a signed statement from the student’s treating physician which; describes the nature of the terminal condition or extraordinary treatment; confirms that the terminal condition or the extraordinary treatment arose more than 60 calendar days before the test administration for which the exemption is requested and has substantially prevented the student from accessing educational services since its inception; and confirms that the condition or treatment is expected to be resolved or completed within 12 months of the test administration.

9.2.1 A special exemption may be available when one of the following applies:

9.2.1.1 The student is suffering from severe illness or injuries or the student has recently experienced severe traumatic events;

9.2.1.2 The student is receiving services at an out-of-state residential program that is approved by the student’s Individual Education Program (IEP), is medically admitted, or is ordered by the court;

9.2.1.3 The student is receiving services at an in-state program that is not a Consortium Discipline Alternative Program (CDAP) as defined in 14 DE Admin. Code 611, or is not under the supervision of the Division of Services for Children, Youth and their Families (DSCYF). The exemption may apply to a student serving time at an adult prison; or

9.2.1.4 Other situations identified by the school, and evaluated and approved by the Department of Education.

9.2.2.2 The District Test State Assessment Coordinator or charter school School State Assessment Coordinator shall submit a Request for Special Exemption to the Director of Assessment Accountability Resources for at the Department of Education at least 60 calendar days before the first day of testing within ten (10) days of the date the school becomes aware of the student’s issue. A copy of the physician’s statement shall be required for 9.2.1.1 in the preceding subsection and shall be maintained as documentation at the school or district.

9.2.2.21 The Director of Assessment Accountability Resources shall convene a review committee of not less than three Department of Education staff to review requests for special exemptions. The Director shall submit a recommendation on each request to the Associate Secretary for Assessment and Accountability Teaching and Learning.

9.2.2.2.2 The Associate Secretary shall decide whether a request for a special exemption based on physical or mental conditions should be granted. The Associate Secretary shall notify the District Test State Assessment Coordinator or charter school School State Assessment Coordinator of the decision. The Associate Secretary’s decision shall be final.

9.2.3 Request for special exemptions based on emergency.

9.2.3.1 Emergencies are unforeseen events or situations arising no more than 60 calendar days before the start of the test administration. They may include, but are not limited to, death in a student’s immediate family, childbirth, accidents, injuries and hospitalizations.

9.2.3.2 Special exemptions due to an emergency may be requested for the entire test or for one or more content areas, as the district determines appropriate.

9.2.3.3 The District Test Coordinator shall notify the Director of Assessment for the Department of Education as soon as the Coordinator learns of events or situations which may result in a request for a special exemption due to an emergency.

9.2.3.3.1 The District Test Coordinator shall submit a DSTP Request for Special Exemption to the Director of Assessment for the Department of Education within 7 calendar days of the last day for make up testing. Requests for exemptions on these grounds shall be accompanied by a signed statement from the student’s treating physician that shall be maintained as documentation in the school or district.

9.2.3.3.2 The Director of Assessment shall convene a review committee of not less than three Department of Education staff to review requests for special exemptions due to an emergency. The Director shall submit a recommendation on each request to the Associate Secretary for Assessment and Accountability.

9.2.3.3.3 The Associate Secretary shall decide whether a request for a special exemption based on an emergency should be granted. The Associate Secretary shall notify the District Test Coordinator of the decision. The Associate Secretary’s decision shall be final.

9.2.43 Consequences of Special Exemptions.

9.2.43.1 Any special exemption granted by the Department of Education is limited to the testing assessment period for which it was requested and does not carry forward to future test assessment administrations.

9.2.43.2 Students who are granted a special exemption shall be included in the participation rate calculation for school and district accountability pursuant to 14 DE Admin. Code 103.2.4 [unless their medical condition prevents them from being in school during the testing assessment period].

9.2.43.3 Students who are granted a special exemption shall not be subject to any of the student testing consequences for students in grades 2 through 8 for the testing period to which the exemption applies.