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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsNovember 2017


Regulatory Flexibility Act Form

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14 DE Admin. Code 103
Education Impact Analysis Pursuant To 14 Del.C. §122(d)
The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 103 Accountability for Schools, Districts and the State. This regulation is amended to align with the provisions of Delaware's approved federal Every Student Succeeds Act (ESSA) plan. The ESSA plan can be found on the Department's website at: https://www.doe.k12.de.us/Page/3294
1.1 Purpose: All public schools, including charter schools, reorganized and career technical school districts and the state shall be subject to the calculation and reporting of Adequate Yearly Progress (AYP) accountability as prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S. C.A. §6301 et seq. Additionally, public schools, including charter schools, reorganized and vocational technical school districts shall be subject to the applicable rewards, sanctions and other accountability activities as prescribed in this regulation.
Average Daily Attendance (ADA)” shall mean aggregate number of days attended divided by the aggregated possible days of attendance as defined by the district or charter school calendar calculated for those students enrolled in grades Kindergarten through grade 8 of a school, district, or the state.
"Charter School" shall mean a charter school board established pursuant to Chapter 5 of Title 14 of the Delaware Code.
"Comprehensive Support and Improvement (CSI)" shall mean schools where the summative index scores in the DSSF are in the lowest 5% of all Title 1 schools, high schools where their graduation rate is below 67% or schools that have not shown improvement under targeted support and improvement.
Delaware Comprehensive Assessment System (DCAS) Delaware System of Student Assessments (DeSSA)” 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.
"Delaware Department of Education Achievement Metric" shall mean the calculation that is based on the risk and need of each school as demonstrated by its performance on the statewide assessment.
"Delaware School Success Framework (DSSF)" shall mean the multiple measures framework by which all public school performance shall be calculated and reported annually as prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S. C.A. §6301 et seq. The DSSF shall be used to categorize the performance of all public schools.
"Department" or "Department of Education" shall mean the Delaware Department of Education.
"District" shall mean a reorganized school district or vocational technical school district established pursuant to Chapter 10 of Title 14 of the Delaware Code.
"Elementary School", for purposes of this regulation, shall mean a school with a grade configuration including any of the following: Kindergarten, grade 1, grade 2, grade 3, grade 4, grade 5, or grade 6. However, a school that has grade 6 as its lowest grade level may be considered a Middle School or Secondary School as those terms are defined in this regulation herein.
"ESEA" shall mean the Elementary and Secondary Education Act of 1965 or any reauthorization thereof.
High School", for purposes of this regulation, shall mean a school with a grade configuration including any of the following: grade 9, grade 10, grade 11, or grade 12. A High School shall also be considered a Secondary School as that term is defined herein.
"Local Educational Agency" or "LEA" means a public board of education or other public authority legally constituted within Delaware for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a school district, or for a combination of school districts. The term includes an educational service agency and any other public institution or agency having administrative control and direction of a public elementary school or secondary school.
"Middle School", for purposes of this regulation, shall mean a school with a grade configuration with more than one of the following: grade 6, grade 7, or grade 8, but that does not include any grade lower than grade 5.
"Persistently low-achieving school" means
"Recognition School", for the purposes of this regulation, shall mean any public Title 1 or non-Title 1 school demonstrating exceptional performance or achievement gap closure.
"Reward School", for the purposes of this regulation, shall mean any public Title 1 school demonstrating outstanding overall performance or annual growth.
Secondary School", for purposes of this regulation, shall mean a school with a grade configuration including any of the following: grade 6, grade 7, grade 8, grade 9, grade 10, grade 11, or grade 12. However, a school that includes grade 6 may be considered an Elementary School or Middle School as those terms are defined in this regulation herein.
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.
"Targeted Support and Improvement (TSI)" shall mean schools where the summative index scores in the DSSF with at least one low performing subgroup of students, as defined as a subgroup of students that is performing as poorly as all students in any of the lowest-performing 5% of Title 1 schools.
2.0 Adequate Yearly Progress (AYP) Delaware School Success Framework (DSSF)
2.1 Adequate Yearly Progress The DSSF shall be the basis for the categorization and meaningful differentiation of school performance. School performance ratings shall be determined calculated by the Department of Education for all public schools, including charter schools, reorganized and career technical school districts and the State on an annual basis. In order for a public school, including a charter school, reorganized or vocational technical school district or the State to meet AYP, the aggregate student population and each subgroup of students as identified in ESEA, shall meet or exceed the target for percent proficient, with or without the use of a confidence interval to be determined by the Department of Education, and approved by U.S. Department of Education, in the state assessments of reading and mathematics; 95% of the students as an aggregate and within each subgroup shall participate in the state assessments of reading and mathematics, and the respective entity shall meet the requirements of the Other Academic Indicator(s) as defined in 2.6. Beginning 2011 (2010-11 school year), in calculating the percent proficient, the state shall compare the current year’s percent proficient on the spring summative assessments to the state Annual Measurable Objectives (AMO) in reading and mathematics. Ratings shall be calculated through the aggregation of school performance on individual metrics in the DSSF as defined in this regulation.
2.1.1.1 Above Target shall mean that the school, district, or State in the aggregate student population and for each subgroup exceeds the AMO in reading and mathematics for percent proficient as defined in 2.3 and further meets the criteria for participation as defined in 2.4 and Other Academic Indicator(s) as defined in 2.6.
2.1.1.2 Meets Target shall mean that the school, district, or State in the aggregate student population and for each subgroup meets the AMO in reading and mathematics with or without the application of a confidence interval for percent proficient as defined in 2.3 or meets the criteria of Safe Harbor defined in 2.5, and further meets the criteria for participation as defined in 2.4 and Other Academic Indicator(s) as defined in 2.6.
2.1.1.3 Below Target shall mean that the school, district, or State in the aggregate student population and for each subgroup did not meet the AMO in reading and mathematics through the application of a confidence interval for percent proficient as defined in 2.3 or does not meet the criteria of Safe Harbor defined in 2.5, or does not meet the criteria for participation as defined in 2.4 or does not meet the criteria of Other Academic Indicator(s) as defined in 2.6.
2.2.1 For school accountability students enrolled continuously in the school from September 30 through the end of the DCAS statewide summative assessment window of a school year including those students identified in 3.1.1 and 3.1.2 an intra-district or inter-district program and an alternative program, shall be considered enrolled for a full academic year.
2.2.2 For district accountability students enrolled continuously in the district (but not necessarily the same school), from September 30 through the end of the DCAS statewide summative assessment window of a school year, including those students identified in 3.1.1 and 3.1.2 an intra-district or inter-district program and an alternative program, shall be considered enrolled for a full academic year.
2.2.3 For state accountability students enrolled continuously in the state (but not necessarily the same school or district) from September 30 through the end of the DCAS statewide summative assessment window of a school year shall be considered enrolled for a full academic year.
2.3 Proficient: For accountability purposes, students who score at Achievement or Performance Level 3 (Meets the Standard) or above and who have met the requirements of a Full Academic Year full academic year as defined in 2.2 above shall be deemed proficient. Students who score at Achievement or Performance Level 2 (Below the Standard) or Level 1 (Well Below the Standard) who have met the requirements of a Full Academic Year full academic year as defined in 2.2 above shall not meet the definition of proficient.
2.4 Participation Rate: The participation rate for each subgroup shall be the number of students who participate in the DCAS in grades 3 through 8 inclusive and grade 10 statewide summative assessments in English language arts, mathematics, science, and social studies divided by the number of students enrolled in these the tested grades during the spring summative assessment period. Students Only those students exempted by 14 DE Admin. Code 101.9.0 shall be excluded from the participation rate calculation.
2.6.1 High School: For AYP purposes in 2011 only, the Other Academic Indicator(s) shall be graduation rate as defined as the number of students in one cohort in the aggregate or, as applicable, in a subgroup, who started in the school, the district or the State in 9th grade and graduated four years later or in the time frame specified in the Individual Education Program (IEP), excluding students who earn a GED certificate, divided by the same number plus those that have dropped out during the same four year period. Students who were enrolled, because of accountability sanctions, for a second year in 8th grade while attending high school and entered 10th grade the following year are included in the 9th grade cohort of the year they began attending classes in the high school.
2.6.1.1 The statewide target for the high school Other Academic Indicator shall be a graduation rate of 90% by the school year 2013-2014. The statewide target for 2010-2011 shall be 85.5% and shall increase by 1.5 percentage points each year until 90% is reached in 2013-2014. Beginning with the school year 2009-2010, if the graduation rate is used for Safe Harbor purposes, the high school, or, as applicable, the subgroup, shall either demonstrate an increase of at least 2 percentage points from the previous year’s rate, or meet the established graduation rate statewide target for that year.
2.6.1.2 A school, or, as applicable, the subgroup, that does not increase its graduation rate from the previous year or meet the statewide target for that school year shall be considered as not meeting AYP for that year.
2.10 Subgroup categories: For AYP purposes, subgroup categories shall be delineated as follows: 1) Children with Disabilities (as per IDEA); 2) Economically Disadvantaged Students, as determined by eligibility for free and reduced lunch program; 3) Students identified as English Language Learners (ELL), as determined by the assessment for English Language Learners (ELL); and 4) Race and ethnicity, to be further divided into African American or Black, American Indian or Alaska Native, Asian American, Native Hawaiian or other Pacific Islander, Hispanic or Latino, White or Caucasian, and Multi-Racial. Such subgroup categories shall include all students eligible for the AYP calculation as further defined throughout this regulation. The “All” categories shall include all students in the entity for which AYP is calculated and who meet all other eligibility criteria for the AYP calculation.
2.11 2.6 AYP Accountability Determinations
2.11.1 2.6.1 For each public school, including charter schools, reorganized and career technical school districts district, and the State, AYP performance ratings shall be calculated annually.
2.11.2 2.6.2 School AYP accountability: In order to meet AYP, the school shall be classified according to 2.1.1 as Above Target or Meets Target. If there are 15 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) performance on each rated DSSF measure that is applicable to the school shall be reported and used to determine performance ratings. If there are 40 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator shall be reported and used to determine AYP status and accountability ratings.
2.11.3 2.6.3 District AYP accountability: In order to meet AYP, the district shall be classified according to 2.1.1 as Above Target or Meets Target. If there are 15 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) performance on each rated DSSF measure that is applicable to the district shall be reported and used to determine performance ratings. If there are 40 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) shall be reported and used to determine AYP status and accountability ratings.
2.11.4 2.6.4 State AYP acountability: In order to meet AYP, the State shall be classified according to 2.1.1 as Above Target or Meets Target. If there are 15 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) performance on each rated DSSF measure shall be reported and used to determine performance ratings. If there are 40 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) shall be reported and used to determine AYP status and accountability ratings.
3.1 For AYP accountability purposes, the school or district to which a student's performance is assigned for a full academic year shall be the Accountability School or Accountability District. No student shall have his/her total performance assigned to more than one Accountability School or Accountability District in a given school year.
3.1.1 For a student enrolled in an intradistrict intra-district intensive learning center, intradistrict intra-district special school, or intradistrict intra-district special school program operating within one or more existing school facilities, the district has the option of tracking the assessment scores of the students back to the school of residence or to the school or program that is providing the instruction. The school or program shall be the Accountability School. The district shall communicate its decision regarding this option to the Department of Education by May 15th 31st in any year when a district determines a change is needed. The option that the district decides for accountability purposes for one year shall remain the same for the second year. Further provided, the Department of Education will monitor the assignment of students to ensure students are appropriately assigned. For a student enrolled in interdistrict inter-district special schools or programs that have an agreement to serve students from multiple school districts, the special school that provides the instructional program shall be considered the Accountability School for that student. For district accountability purposes, the district of residence shall be the district to which these special school students are included for accountability.
3.1.2 For a student enrolled in an alternative program pursuant to 14 Del.C. Ch.16 or the program serving pregnant students pursuant to 14 Del.C. §203, the Accountability School or District shall be the school/district that assigned such student to the program. The time the students were enrolled in the alternative or transitional program shall be credited to the Accountability School or District.
3.1.4 3.1.3 For accountability purposes, a school shall be considered a new school if: less than sixty percent of the students would have been enrolled in the same school together without the creation of the new school; or it is the first year of operation of a charter school; or two or more grade levels have been added to the school or to a charter school’s charter. Performance ratings for new schools may be determined based on applicable measures within the DSSF.
4.1 For accountability purposes, a student who tests using non standard accommodations as defined in the Department of Education's Guidelines for the Inclusion of Students with Disabilities and English Language Learners shall:
4.2 4.1 For accountability purposes, a student who answers at least one question, but does not complete that content area of the DCAS state assessment shall be assigned a Performance Level 1 (Well Below the Standard) and shall be included in the participation and proficiency calculations for that content area, as applicable, for AYP.
4.3 4.2 For accountability purposes, a student with an invalidation or special exemption shall be included in the AYP accountability calculations pursuant to the provisions of 14 DE Admin. Code 101.9.0.
4.3 For accountability purposes, a student with a special exemption, as defined in 14 DE Admin. Code 101, shall not be included in accountability calculations.
4.4 For accountability purposes, a student participating in alternate assessments shall have that student’s earned performance level included in the AYP accountability calculation consistent with the regulations as prescribed by the federal Elementary and Secondary Education Act (ESEA) 20 U.S. C. §6301 et seq. or Individuals with Disabilities Education Act (IDEA).
4.6 Student performance in grade 3 shall be apportioned in equal weights in grades 1, 2 and 3 (30% each respectively), and Kindergarten shall be weighted at 10%.
6.1 Schools and districts shall annually receive one of three levels of performance classification annually which shall be classifications based on AYP determinations DSSF calculations.
7.0 Accountability for Schools that are Under Improvement Identified for Additional Support
7.6.1.6 Schools designated as Title I shall continue to offer Supplemental Educational Services and choice as required by ESEA.
7.6.2.4.2.6 Provide additional supports and professional development to teachers and principals in order to implement effective strategies to support students with disabilities in the least restrictive environment and to ensure that English Language Learner (ELL) students acquire language skills to master academic content;
A school in Under Improvement, Corrective Action, Restructuring, or Persistently Low-Achieving School status that meets AYP for one year shall hold at its then current level and shall continue to implement the School Success Plan for one year. If the school again meets AYP after the year during which it was held, the school shall be removed from Under Improvement, Corrective Action, Restructuring or Persistently Low-Achieving School status and shall no longer be subject to the requirements of 7.0. A school that does not meet AYP after the year during which it was held shall move to the next category in the continuum without regard to the held year.
10.3.4 Districts having schools that are identified as in Corrective Action Phase II and charter schools so identified shall develop the Restructuring Plan required in 7.5 within three months of their preliminary notification and provide the Restructuring Plan to the Department for review and approval. Prior to the date of submission, the district or charter school shall have performed all necessary steps to ensure that the restructuring choice selected is viable and will be implemented, subject only to approval by the Department. The Department, in consultation with the State Board of Education, shall review and approve the Restructuring Plan, or make comment, and require revisions, if needed within 60 days of submission. If revisions are required, the district or Charter school must submit a final revised Restructuring Plan to the Department by April 30th of the Corrective Action Phase II year for final review and approval. The Department shall approve or disapprove the revised Restructuring Plan within 60 days of submission. If the Department disapproves the Restructuring Plan, the district or charter school submitting the Restructuring Plan shall make another selection from among the Restructuring options in 7.5.1. Department approval of the Restructuring Plan shall be subject to the results of that year's accountability activities. Upon receipt of the final identification for that year, if results show that the school is in Restructuring, the district or charter school shall immediately implement the Restructuring Plan.
11.1 Under Improvement Phase 1 - A district that meets the definition of Under Improvement found in 2.11.5 shall, in the first school year after meeting the definition of Under Improvement, be considered in "Under Improvement Phase 1." A district that is in Under Improvement Phase I shall revise their District Success Plan within three months of its identification. Districts receiving Title I funds shall also ensure that the 8 requirements for Districts under improvement, as required in Section 1116(c)(7)(A) of the ESEA, are incorporated in the District Success Plan.
11.2 Under Improvement Phase 2 - A district that is identified as Under Improvement Phase 1 pursuant to 11.1 and fails to meet AYP for an additional year shall be considered "Under Improvement Phase 2." Such districts shall evaluate and modify the District Success Plan.
11.3 Corrective Action Phase 1 - A district that is identified as Under Improvement Phase 2 pursuant to 11.2 and fails to meet AYP for an additional year shall enter "Corrective Action Phase 1" status. The Department shall develop a Corrective Action Plan for the district as outlined by Federal ESEA requirements. The Secretary of Education shall investigate the reasons for the continued deficiency of the district's performance and shall consult with the State Board of Education prior to finalizing the Corrective Action Plan. The Corrective Action Plan may include requirements found in 20 U.S.C. Section 6316(c)(10)(C) as permitted by State law and may also include implementation of provisions found in 7.0. The district shall implement the Corrective Action pPlan immediately upon Department approval.
11.4 Under Improvement greater than Corrective Action Phase 2 – A district shall continue with the activities as outlined in 11.3. In addition the Department of Education shall evaluate the Corrective Action Plan and make appropriate modifications as needed.
Last Updated: December 31 1969 19:00:00.
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