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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsOctober 2014

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14 DE Admin. Code 101
A. Type of Regulatory Action Required
B. Synopsis of Subject Matter of the Regulation
The Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 101 State Assessment System. As a result of House Bill 334 and Senate Bill 229 of the 147th General Assembly, this regulation is amended based on changes in the state assessment system and provides clarification as to the assessment of students with disabilities as per 14 Del.C. §151.
Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before December 1, 2014 to Tina Shockley, Education Associate, Department of Education, Regulatory Review, at 401 Federal Street, Suite 2, Dover, Delaware 19901. A copy of this regulation may be viewed or obtained at the Department of Education, Finance Office located at the address listed above. Pursuant to the federal Individuals with Disabilities Education Act (IDEA) this regulation requires a 60 day comment period.
Alternate Assessment means an assessment which is based on Alternate Achievement Standards which is designed for students with the most significant cognitive disabilities who cannot participate in the General Assessment even with appropriate accommodations. Per §4.1, there are two types of Alternate Assessment in Delaware – Selected Response Alternate Assessment and Portfolio Alternate Assessment.
College Readiness Assessment means the statewide assessment used to measure student achievement of content standards and skills necessary to be successful in post-secondary education (e.g., Scholastic Aptitude Test, commonly known as the SAT).
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.
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.
“Delaware System of Student Assessment (DeSSA)” means the statewide system of assessments designed to measure student achievement of state content standards, including, but not limited to, general assessments measuring student achievement based on grade-level academic standards, alternate assessments based on alternate achievement standards for students with the most significant cognitive disabilities, a college readiness assessment, an assessment for English Language Learners (ELL), a norm referenced assessment; or any assessment that may be administered or required as determined by the Department of Education for use in Delaware public schools.
Department means the Delaware Department of Education.
District Test Coordinator (DTC) means the educator(s) assigned by the district or charter school to be the primary contact for DeSSA information. The DTC is responsible for coordinating the administration of state assessments within the district or charter. The DTC is also required to complete training and be knowledgeable of proper test administration and test security, and ensure that all personnel assigned to testing are adequately trained in proper test administration and test security.
End of Course (EOC) Assessment means a statewide general assessment administered to high school students at the completion of select high school courses to measure student achievement of the content standards for the content area.
English Language Proficiency Assessment means an assessment that is intended to measure a non-native English speaker’s English proficiency in reading, writing, speaking, and listening. The English Language Proficiency Alternate Assessment is a similar assessment for students with significant cognitive disabilities.
Extended Standardsmeans statements describing concepts and skills aligned to the content standards for English Language Arts/Literacy, Mathematics, Science and Social Studies.
General Assessment means the statewide summative assessment used to measure student achievement of the content standards for English Language Arts/Literacy, Mathematics, Science and Social Studies. This assessment does not include students who participate in an alternate assessment.
Local Educational Agency (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.
National Assessment for Education Progress (NAEP) means a norm referenced assessment used statewide in selected schools and grades to measure academic achievement in various content areas including, but not limited to, English Language Arts, Mathematics and Science.
Portfolio Alternate Assessment means a form of alternate assessment aligned to the extended standards in English Language Arts/Literacy, Mathematics, Science and Social Studies, in which evidence such as work samples, data sheets, photos or videos is gathered by the test administrator to document student achievement.
Selected Response Alternate Assessment means a form of alternate assessment aligned to the extended standards in English Language Arts, Mathematics, Science and Social Studies, in which the questions are presented to the student and the student response is recorded by the test administrator to document student achievement.
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.
3.1.1 All students in tested grades in need of designated supports and accommodations shall be tested according to the Department's Accessibility Guidelines for the Delaware System of Student Assessments (DeSSA), as the same may from time to time be amended.
4.4.3 Participation in the Portfolio Alternate Assessment is an annual decision made by the IEP team through consideration of the criteria outlined in the Portfolio Alternate Assessment Participation Guidelines. The determination regarding the Portfolio Alternate Assessment shall include the superintendent, charter school leader, or a representative of the public agency pursuant to 14 DE Admin. Code 925.21.1.4 (e.g., administrator/designee).
25.0 Levels of Performance
25.1 There shall be four levels of student performance relative to the State Content Standards on the assessments administered to students in grades 3 through 10 8 and 11 in reading English Language Arts/Literacy and mathematics; to students in grades 5, 8, and 10 in science; and to students in grades 4 and 7 in Social Studies, and high school students taking U.S. History (EOC). The cut points for Advanced, Meets the Standard, Below the Standard Performance Levels 1 through 4 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 assessment data in making the recommendation. Said levels are defined and shall be determined as follows:
25.2 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 Standard be at adequate understanding. Students in this category show mastery and thorough understanding of the Delaware Content Standards beyond what is expected at the grade level. The cut points for Advanced Performance Level 4 shall be determined by the Department of Education, with the consent of the State Board of Education.
25.3 Meets the 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 and have adequate understanding of the Delaware Content Standards at grade level. The cut points for Meets the Standard Performance Level 3 shall be determined by the Department of Education, with the consent of the State Board of Education.
25.4 Below the 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. The cut points for Below the Standard Performance Level 2 shall be determined by the Department of Education, with the consent of the State Board of Education.
25.5 Well Below the Standard (Performance Level 1): A student's performance in the tested domain shows minimal understanding and evidence of an inability to apply the fundamental skills and knowledge articulated in the Delaware Content Standards.
36.0 Other Indicators of Student Performance (Suspended pursuant to FY 15 Budget Epilogue)
36.1 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 on a mandated retake of a portion of the DCAS. Pursuant to 14 Del.C. §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.
36.2 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.
36.2.1 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.
36.2.2 Any proposed indicators of student performance must be approved by the Department of Education following consultation with the State Board of Education.
36.3 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.
36.3.1 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.
36.3.2 The supervisor of curriculum or instruction for the school district or charter school or designee shall chair the committee.
36.3.3 Placement of students with disabilities who are eligible for special education and related services is determined by the student’s IEP team.
47.0 Individual Improvement Plan (IIP) (Suspended pursuant to FY 15 Budget Epilogue)
47.1 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 3rd, 4th, 5th, 6th, 7th, or 8th grade DCAS or the mathematics portion of the 6th, 7th, or 8th grade 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.
47.2 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 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).
47.3 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.
47.4 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.
47.5 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 14 DE Admin. Code 900.
58.0 Summer School Programs for Students in Grades 3, 5, and 8 as required pursuant to 14 Del.C. § 153 (Suspended pursuant to FY 15 Budget Epilogue)
58.1 Summer school programs shall be provided by the student’s district of residence with the following exceptions:
58.1.1 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.
58.1.2 Where by mutual agreement of both districts or a charter school and the student’s parent, guardian or Relative Caregiver, another district provides services.
58.1.3 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.
58.1.4 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.
69.0 State of Delaware High School Diploma Requirements (Suspended pursuant to FY 15 Budget Epilogue)
69.1 Students who graduate from a Delaware public high school shall meet the following requirements for receipt of a traditional State of Delaware diploma:
69.1.1 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
69.1.2 The student shall demonstrate proficient levels of performance relative to the State content standards in reading, mathematics, science and social studies. The student may demonstrate proficient levels of performance through Other Academic Indicators.
69.1.3 A student who does not demonstrate proficient performance relative to the state content standards by January 1 of the year in which 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 6.1.2 9.1.2 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); 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.
69.1.3.1 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.
69.1.3.2 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.
710.0 Security and Confidentiality
In order to assure uniform and secure procedures, the Delaware Comprehensive Assessment System DeSSA shall be administered pursuant to the Delaware Comprehensive Assessment System Coordinators Handbook DeSSA Test Security Manual, as the same, may from time to time be amended hereafter.
710.1 Every district superintendent, district state assessment coordinator charter school leader, District Test Coordinator, school principal, school state assessment coordinator and state assessment administrator and School Test Coordinator shall sign the certification provided by the Department of Education regarding assessment security before, during and after assessment administration.
7.210.3 Violation of the security or confidentiality of any assessment required by the Delaware Code and the Regulations of the Department of Education shall be prohibited.
7.310.4 Procedures for maintaining the security and confidentiality of an assessment shall be specified in the appropriate assessment administration materials, as determined by the Department pursuant to in 14 Del.C. §170 through §174.
7.410.5 Procedures for Reporting Security Breaches
7.4.110.5.1 School State Assessment Test Coordinators shall report any questionable situations to the District State Assessment Test Coordinators immediately.
7.4.210.5.2 District Test State Assessment Coordinators, and for charter schools, the School State Assessment Test Coordinators shall report all situations immediately to the State Director of Accountability Resources the Office of Assessment.
7.4.2.110.5.2.1 Within 5 working days of the incident the District State Assessment Test Coordinator or charter school School State Assessment Test Coordinator shall file a written report with the State Director of Accountability Resources the Office of Assessment 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.
7.4.2.210.5.2.2 Following a review of the report by the State Director of Accountability Resources the Office of Assessment and the Associate Secretary of Education for Teaching and Learning Chief Academic Performance Officer, an investigator from the State Department of Education will be assigned to verify the district or charter school report.
7.4.2.310.5.2.3 Within 20 working days of the receipt of the report from the District State Assessment Coordinator or, for a charter school, the School State Assessment Test Coordinator or the School Test 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 State Assessment Coordinator or, for a charter school, School State Assessment Coordinator School or District Test Coordinators and the investigator shall be provided access to all parties involved and to any witnesses.
7.4.2.410.5.2.4 The investigator shall report the findings to the Associate Secretary for Teaching and Learning Chief Academic Performance Officer. Following the review the Associate Secretary Chief Academic Performance Officer shall make a ruling describing any recommendations and or required actions as appropriate.
7.4.2.510.5.2.5 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.
811.0 Procedures for Reviewing Secure Materials from the State Assessment System
811.1 A student’s current teacher(s), an eligible student, or a student’s parent, guardian, or relative caregiver may request to review the DCAS general assessment questions for a specific student or students subject to the following provisions:
811.1.1 Any request to review a DCAS assessment general assessment item shall be done on a form developed by the Department of Education which will include a list of permissible item types for review. The completed and signed form shall be sent to the State Director of Accountability Resources the Office of Assessment.
811.1.2 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.
811.1.3 The Department shall be allowed sufficient time to secure a copy of the student’s assessment questions and corresponding responses from the assessment vendor.
811.1.4 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 assessment questions and take nothing out of the viewing area.
811.1.5 The Department shall review the procedures for reviewing the DCAS questions items for a specific student or students, assist the individual(s) as requested with understanding the score results, and keep records of all reviews.
912.0 Invalidations and Special Exemptions
912.1 Invalidations for students in grades 2 through 10 3 through 8 and 11 for reading English Language Arts/Literacy and Mathematics, students in grades 5, 8, and 10 in Science; and students in grades 4 and 7 in Social Studies; and high school students taking U.S. History (EOC). An Invalidation is a response to an events or situation that occurs during the administration of the 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.
912.1.1 Reporting of events or situations that occur during assessment.
912.1.1.1 The school building principal or designee shall notify the District State Assessment Test 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).
912.1.1.2 The District State Assessment Test Coordinator or charter school School State Assessment School Test Coordinator shall notify the Department of Education staff person assigned to the district or charter school for assessment security purposes as soon as the Coordinator learns of events or situations which may result in invalidation(s).
912.1.1.2.1 The District State Assessment Test Coordinator or charter school School State Assessment School Test Coordinator shall submit an 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 Incident Report.
912.1.1.3 The State Director of Accountability Resources the Office of Assessment for the Department of Education shall determine whether the reported events warrant invalidating a student(s) score and such decision shall be final.
912.1.2 Consequences of invalidations.
912.1.2.1 Whenever the State Director of Accountability Resources the Office of Assessment for the Department of Education determines that a student’s assessment score is invalid as a result of an intentional act of the student, the student 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 or designee, for that assessment. The assessment score of any such student shall be reported and counted in the assessment scores of the student’s school for all purposes, including school and district accountability.
912.1.2.2 Whenever the State Director of Accountability Resources the Office of Assessment for the Department of Education determines that a student’s assessment score is invalid as a result of an event which is unforeseen and beyond the control of the student and if the student is unable to participate in a 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.
912.2 Special Exemptions for students in grades 2 through 10 8 and 11 for Reading and Mathematics, students in grades 5, 8, and 10 in Science; and students in grades 4 and 7 in Social Studies.
912.2.1 A special exemption may be available when one of the following applies:
912.2.1.1 The student is suffering from severe illness or injuries or the student has recently experienced severe traumatic events;
912.2.1.2 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;
912.2.1.3 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
912.2.1.4 Other situations identified by the school, and evaluated and approved by the Department of Education.
912.2.2 The District State Assessment Test Coordinator or charter school School State Assessment School Test Coordinator shall submit a Request for Special Exemption to the State Director of Accountability Resources the Office of Assessment at the Department of Education 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 9.2.1.112.2.2.1 in the preceding subsection and shall be maintained as documentation at the school or district.
912.2.2.1 The State Director of Accountability Resources the Office of Assessment 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 Teaching and Learning.
912.2.2.2 The Associate Secretary Office of Assessment shall decide whether a request for a special exemption should be granted. The Associate Secretary Office of Assessment shall notify the District State Assessment Test Coordinator or charter school School State Assessment Coordinator of the decision. The Associate Secretary’s Office of Assessment decision shall be final.
912.2.3 Consequences of Special Exemptions.
912.2.3.1 Any special exemption granted by the Department of Education is limited to the assessment period for which it was requested and does not carry forward to future assessment administrations.
912.2.3.2 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.
912.2.3.3 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 as applicable.
Last Updated: December 31 1969 19:00:00.
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