Skip to Page Content
Delaware.gov  |  Text OnlyGovernor | General Assembly | Courts | Elected Officials | State Agencies
 Photo: Featured Delaware Photo
 
 
 Phone Numbers Mobile Help Size Print Email

Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsSeptember 2015

Table of Contents Previous Next

Authenticated PDF Version

14 DE Admin. Code 103
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 103 Accountability for Schools, Districts and the State. This regulation is being amended to reflect changes to the Department of Education’s accountability system for schools, districts and the State, including changes as approved by the Elementary and Secondary School Elementary Education Act Flexibility application. The timing for the updates to this regulation is consistent with the FY16 Appropriations Act epilogue language.
1.1 Purpose: All public schools, including charter schools, reorganized and career technical school districts and the sState shall be subject to the calculation and reporting of Adequate Yearly Progress (AYP) accountability system as developed by the Delaware Department of Education and as prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S. C.A. §6301 et seq. or any ESEA Flexibility application approved by the U.S. Department of Education. 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.
Action List School” for the purposes of this regulation means any public Title I school that presents significant academic achievement gaps in their subgroup(s) or overall low student achievement as specified through ESEA Flexibility.
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 means a charter school board established pursuant to Chapter 5 of Title 14 of the Delaware Code.
"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)” means the multiple measures framework as approved by the Secretary with the assent of the State Board of Education by which all public school academic performance shall be calculated and reported annually. The DSSF shall serve as the mechanism for school accountability as prescribed by the federal ESEA. The DSSF shall be used to identify required categories of schools under ESEA Flexibility and the state-designated Recognition schools.
Delaware Comprehensive System of Student Assessments System (DCAS) (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 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 for use in Delaware public schools.
"Department" or "Department of Education" shall means the Delaware Department of Education.
"District" shall means 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 means 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 means the Elementary and Secondary Education Act of 1965 or any reauthorization thereof.
ESEA Flexibility Application (ESEA Flexibility)” means the flexibility application submitted by the Delaware Department of Education and approved by the U.S. Department of Education under the U.S. Secretary of Education’s waiver authority as outlined in ESEA section 9401(d)(1).
Focus School” for purposes of this regulation means a district school identified by the Secretary from a list of the bottom 10% of Title I schools in the academic achievement gaps of one or more student subgroups pursuant to ESEA Flexibility. The Department is not required to identify Focus Schools annually.
Focus Plus School” for purposes of this regulation means a Focus School that does not meet the criteria for exit from Focus School status pursuant to ESEA Flexibility.
Full Academic Year” for purposes of this regulation means a student enrolled continuously in the school from September 30 through the end of the statewide summative assessment window of a school year.
High School" for purposes of this regulation shall means 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.
Increased Learning Time” means using a longer school day, week, or year schedule to significantly increase the total number of school hours as defined in Priority guidance.
"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 means 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.
Parent” means the parent, legal guardian or a Relative Caregiver.
"Persistently low-achieving school" means
Priority School” means a district Title I school identified by the Secretary among the bottom 5% in overall performance or a Title I eligible High School that meets the requirements pursuant to the ESEA Flexibility. The Department is not required to identify Priority Schools annually.
Relative Caregiver” means, pursuant to 14 Del.C. §202(f)(1), an adult who, by blood, marriage or adoption, is the child’s great grandparent, grandparent, step grandparent, great aunt, aunt, step aunt, great uncle, uncle, step uncle, step parent, brother, sister, step brother, step sister, half brother, half sister, niece, nephew, first cousin or first cousin once removed but who does not have legal custody or legal guardianship of the student.
Reward School” means any public Title I school demonstrating outstanding overall performance or annual growth pursuant to ESEA Flexibility.
Recognition School” means any public Title I or non-Title I school demonstrating exceptional performance or achievement gap closure pursuant to the ESEA Flexibility.
Secondary School", for purposes of this regulation, shall means 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.
Secretary” means the Secretary of the Delaware Department of Education.
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.
"State" means State of Delaware.
"Statewide System of Supports" means a variety of categories of, and supports to, school improvement pursuant to ESEA Flexibility.
2.1 Adequate Yearly Progress shall be determined 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.
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.
2.3 Proficient: For accountability purposes, students who score at Performance Level 3 (Meets the Standard) or above and who have met the requirements of a Full Academic Year as defined in 2.2 shall be deemed proficient. Students who score at Performance Level 2 (Below the Standard) or Level 1 (Well Below the Standard) who have met the requirements of a Full Academic Year as defined in 2.2 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 divided by the number of students enrolled in these tested grades during the spring summative assessment period. 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.
2.5 Participation Rate: The participation rate for each subgroup shall be the number of students who participate in the statewide summative assessments in English language arts, mathematics, science and social studies divided by the number of students enrolled in the tested grades of these assessments during the summative assessment period. Only those students exempted by 14 DE Admin. Code 101.12.0 shall be excluded from the participation rate calculation. Any school with fewer than 95% of the students as an aggregate or within each subgroup participating in the State assessments of English language arts or mathematics shall have its accountability rating reduced, as determined by the Department.
2.6.4 For growth in ELA and mathematics at the high school level, a student’s growth score shall be apportioned to any High School where that student was enrolled on September 30, based on the number of High Schools of enrollment. A student enrolled in two High Schools from 9th to 11th grade shall have their growth split evenly (50% for each school). A student enrolled in three High Schools from 9th to 11th grade shall have their growth split evenly (33% for each school).
2.9 Subgroup categories: For accountability purposes, a single Student Gap Group shall be used. The Student Gap Group shall be an aggregate, unduplicated count of students that are in groups that have historically demonstrated achievement gaps, including: 1) Children with Disabilities (as per IDEA); 2) Economically Disadvantaged Students, as determined by the Department of Education’s defined methodology for the identification of low income students; 3) Students identified as English Language Learners (ELL) as determined by the assessment for English Language Learners (ELL); (3) African American or Black students; (4) Hispanic or Latino; and (5) American Indian or Alaska Native. For reporting purposes, subgroup categories shall be delineated as follows: 1) Children with Disabilities (as per IDEA); 2) Economically Disadvantaged Students, as determined by the Department’s defined methodology for the identification of low- income students; 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 accountability calculation as further defined throughout this regulation. The “All” categories shall include all students in the entity for which accountability is calculated and who meet all other eligibility criteria for the accountability calculation.
3.1 For AYP accountability purposes, the school or district to which a student's performance is assigned for a fFull aAcademic yYear shall be the Accountability School or Accountability District. No student shall have his/ or her total performance assigned to more than one Accountability School or Accountability District in a given school year.
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/ or 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 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.
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 Accessibility Guidelines for Delaware System of Student Assessments shall:
4.2 For accountability purposes, a student who answers at least one question six items, but does not complete at least 60% of that content area of the DCAS General Assessment, shall not be assigned a Performance an Achievement Level 1 (Well Below the Standard) and but, shall be included in the participation and proficiency calculations for that content area, as applicable, for AYP.
4.34 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 101.912.0.
4.45 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).
4.56 Schools with more than one tested grade shall receive a single accountability rating.
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%.
6.0 Performance Classifications Ratings
6.1 Annually Sschools and districts shall receive one of three five levels of performance classification annually ratings which shall be based on AYP determinations DSSF overall accountability. Ratings will be developed pursuant to ESEA Flexibility.
7.0 Accountability for Schools that are Under Improvement Classifications for Schools Identified for Improvement or Recognition
7.6.1.37.4.2.4 For schools at which a collective bargaining agreement governs its employees, a further agreement between and among the district or charter school, the collective bargaining unit, and the Department addressing those subjects, if any, that may inhibit the schools' successful implementation of its model, including may be submitted, and may include but not be limited to:
7.6.1.3.17.4.2.4.1 Limitations on hiring, reassigning and transferring covered employees into and out of the Partnership Zone Priority school, such as seniority limitations;
7.6.1.3.27.4.2.4.2 The methodology for determining which teachers will be transferred or reassigned as part of the model;
7.6.1.3.37.4.2.4.3 Work rules relating to the educational calendar and scheduling of instructional time and non-instructional time,
7.6.1.3.47.4.2.4.4 Instructional reform;
7.6.1.3.57.4.2.4.5 Professional development learning requirements and other specialized training;
7.6.1.3.67.4.2.4.6 Retention and employment incentives, including performance incentives for effective teachers and principals; and
7.6.1.3.7 Any other subject required by these regulations to be addressed in the Partnership Zone school's selected model.
7.6.1.6 Schools designated as Title I shall continue to offer Supplemental Educational Services and choice as required by ESEA.
7.6.27.4.3 Districts having Partnership Zone schools and Partnership Zone charter Priority schools shall work with the Department to implement a targeted plan for turning around the school from the list below. The development of the plan shall include, at a minimum, input from parents and teachers. The Ddistrict may request funding from the Department for implementation of these provisions.
7.6.2.17.4.3.1 School Closure Model, in which a district closes a school and enrolls the students who attended that school in other schools in the district that are higher achieving that are within reasonable proximity to the closed school and may include, but are not limited to, charter schools or new schools for which achievement data are not yet available;
7.6.2.27.4.3.2 Restart Model, in which a district converts a school into a public charter school pursuant to the requirements of Chapter 5 of Title 14 of the Delaware Code, or closes and reopens a school under a charter school operator, a charter management organization or an education management organization that has been selected through a rigorous review process. A restart This model shall enroll, within the grades it serves, any former student who wishes to attend the school.
7.6.2.37.4.3.3 Turnaround Model, in which:
7.6.2.3.17.4.3.3.1 A district or charter school shall:
7.6.2.3.1.17.4.3.3.1.1 Replace the principal school leader and grant the principal school leader sufficient operational flexibility (including in staffing, calendars/time, and budgeting) to implement fully a comprehensive approach in order to substantially improve student achievement outcomes and increase high school graduation rates;
7.6.2.3.1.27.4.3.3.1.2 Using the Delaware Performance Appraisal sSystem II or any successor hereto, or an evaluation system submitted by the school and approved by the Department pursuant to 14 Del.C. Ch. 12, as well as any locally adopted competencies to measure the effectiveness of staff who can work within the turnaround environment to meet the needs of students, (a) screen all existing staff and rehire no more than 50 percent; and (b) select new staff;
7.6.2.3.1.37.4.3.3.1.3 Implement such strategies as financial incentives, increased opportunities for promotion and career growth, and more flexible work conditions that are designed to recruit, place, and retain staff with the skills necessary to meet the needs of the students in the turnaround school;
7.6.2.3.1.47.4.3.3.1.4 Provide staff with ongoing, high-quality, job-embedded professional development learning opportunities that is are aligned with the school's comprehensive instructional program and designed with school staff to ensure that they are equipped to facilitate effective teaching and learning and have the capacity to successfully implement school reform strategies;
7.6.2.3.1.57.4.3.3.1.5 Adopt a new governance structure, which includes, but is not limited to, requiring the school to report to a liaison of the Department or directly to the Secretary;
7.6.2.3.1.67.4.3.3.1.6 Use data to identify and implement an instructional program that is research-based and "vertically aligned" from one grade to the next as well as aligned with State academic standards;
7.6.2.3.1.77.4.3.3.1.7 Promote the continuous use of student data (such as from formative, interim, and summative assessments) to inform and differentiate instruction in order to meet the academic needs of individual students;
7.6.2.3.1.87.4.3.3.1.9 Establish schedules and implement strategies that provide increased learning time (as defined in this notice); and provide appropriate social-emotional and community-oriented services and supports for students; Increased Learning Time and align to the school’s academic and social-emotional programming and goals, as established in the school plan, that includes professional development days, early release and at least a week of summer development days to provide staff with sufficient opportunity to plan for student needs;
7.6.2.3.27.4.3.3.3 A district may implement other strategies, such as:
7.6.2.3.2.17.4.3.3.3.1 Any of the required and permissible activities under the transformation model; or
7.6.2.3.2.27.4.3.3.3.2 A new school model (e.g., themed, dual language academy).
7.6.2.47.4.3.4 Transformational Model, in which:
7.6.2.4.17.4.3.4.1 A district or charter school shall:
7.6.2.4.1.17.4.3.4.1.1 Replace the principal school leader who led the school prior to commencement of the transformation model;
7.6.2.4.1.27.4.3.4.1.4 Use rigorous, transparent, and equitable evaluation systems for teachers and principals that:
7.6.2.4.1.2.17.4.3.4.1.4.1 Take into account data on student growth (as defined in this notice) as a significant factor as well as other factors such as multiple observation-based assessments of performance and ongoing collections of professional practice reflective of student achievement and increased high-school graduations rates; and
7.6.2.4.1.2.27.4.3.4.1.4.2 Are designed and developed with teacher and principal involvement;
7.6.2.4.1.37.4.3.4.1.5 Use the educator evaluation and support system to Iidentify and reward school leaders, teachers, and other staff who, in implementing this model, have increased student achievement and high-school graduation rates and identify and remove those who, after ample opportunities have been provided for them to improve their professional practice, pursuant to the Delaware Performance Appraisal System II or any successor thereto, have not done so;
7.6.2.4.1.47.4.3.4.1.6 Provide staff with ongoing, high-quality, job-embedded professional development learning (e.g., regarding subject-specific pedagogy, instruction that reflects a deeper understanding of the community served by the school, or differentiated instruction) that is aligned with the school's comprehensive instructional program and designed with school staff to ensure they are equipped to facilitate effective teaching and learning and have the capacity to successfully implement school reform strategies;
7.6.2.4.1.57.4.3.4.1.7 Implement new financial incentives and increase opportunities for promotion and career growth of effective teachers, and provide more flexible work conditions designed to recruit, place, and retain staff with the skills necessary to meet the needs of the students in a transformation school;
7.6.2.4.1.67.4.3.4.1.8 Use data to identify and implement an instructional program that is research-based and "vertically aligned" from one grade to the next as well as aligned with State academic standards;
7.6.2.4.1.77.4.3.4.1.9 Promote the continuous use of student data (such as from formative, interim, and summative assessments) to inform and differentiate instruction in order to meet the academic needs of individual students;
7.6.2.4.1.87.4.3.4.1.10 Establish schedules and implement strategies that provide iIncreased lLearning tTime, which means using a longer school day, week, or year schedule to significantly increase the total number of school hours to include additional time for (a) instruction in core academic subjects, including English; reading or language arts; mathematics; science; foreign languages; civics and government; economics; arts; history; and geography; (b) instruction in other subjects and enrichment activities that contribute to a well-rounded education, including, for example, physical education, service learning, and experiential and work-based learning opportunities that are provided by partnering, as appropriate, with other organizations; and (c) teachers to collaborate, plan, and engage in professional development within and across grades and subjects and align to the school's academic and social-emotional programming and goals, as established in the school plan, that includes professional development days, early release and at least a week of summer development days to provide staff with sufficient opportunity to collaborate and plan for student needs;
7.6.2.4.1.97.4.3.4.1.11 Provide ongoing mechanisms for family and community engagement;
7.6.2.4.1.107.4.3.4.1.12 Give the school leader sufficient operational flexibility (such as staffing, calendars/time, and budgeting) to implement fully a comprehensive approach to substantially improve student achievement outcomes and increase high school graduation rates;
7.6.2.4.1.117.4.3.4.1.13 Ensure that the school receives ongoing, intensive technical assistance and related support from the district, the Department, or a designated external lead partner organization.
7.6.2.4.27.4.3.4.3 A district may:
7.6.2.4.2.17.4.3.4.3.1 Provide additional compensation to attract and retain staff with the skills necessary to meet the needs of the students in a transformation the Priority school;
7.6.2.4.2.27.4.3.4.3.2 Institute a system for measuring changes in instructional practices resulting from professional development;
7.6.2.4.2.37.4.3.4.3.3 Ensure that the school is not required to accept a teacher without the mutual consent of the teacher and principal, regardless of the teacher's seniority;
7.6.2.4.2.47.4.3.4.3.4 Conduct periodic reviews to ensure that the curriculum is being implemented with fidelity, is having the intended impact on student achievement, and is modified if ineffective;
7.6.2.4.2.57.4.3.4.3.5 Implement a schoolwide "response-to-intervention" model;
7.6.2.4.2.67.4.3.4.3.6 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;
7.6.2.4.2.77.4.3.4.3.7 Use and integrate technology-based supports and interventions as part of the instructional program;
7.6.2.4.2.87.4.3.4.3.8 In secondary schools:
7.6.2.4.2.8.17.4.3.4.3.8.1 Increase rigor by offering opportunities for students to enroll in advanced coursework (such as Advanced Placement or International Baccalaureate; or science, technology, engineering, and mathematics courses, especially those that incorporate rigorous and relevant project-, inquiry-, or design-based contextual learning opportunities), early-college high schools, dual enrollment programs, or thematic learning academies that prepare students for college and careers, including by providing appropriate supports designed to ensure that low-achieving students can take advantage of these programs and coursework;
7.6.2.4.2.8.27.4.3.4.3.8.2 Improve student transition from middle to high school through summer transition programs or freshman academies;
7.6.2.4.2.8.37.4.3.4.3.8.3 Increase graduation rates through, for example, credit-recovery programs, re-engagement strategies, smaller learning communities, competency-based instruction and performance-based assessments, and acceleration of basic reading and mathematics skills;
7.6.2.4.2.8.47.4.3.4.3.8.4 Establish early-warning systems to identify students who may be at risk of failing to achieve to high standards or graduate.
7.6.2.4.2.97.4.3.4.3.9 Extend learning time and create community-oriented schools, by:
7.6.2.4.2.9.17.4.3.4.3.9.1 Partnering with parents and parent organizations, faith- and community-based organizations, health clinics, other State or local agencies, and others to create safe school environments that meet students' social, emotional, and health needs;
7.6.2.4.2.9.27.4.3.4.3.9.2 Extending or restructuring the school day so as to add time for such strategies as advisory periods that build relationships between students, faculty, and other school staff;
7.6.2.4.2.9.37.4.3.4.3.9.3 Implementing approaches to improve school climate and discipline, such as implementing a system of positive behavioral supports or taking steps to eliminate bullying and student harassment; or
7.6.2.4.2.9.47.4.3.4.3.9.4 Expanding the school program to offer full-day kindergarten or pre-kindergarten.
7.6.2.4.2.107.4.3.4.3.10 Allowing the school to be run under a new governance arrangement; or
7.6.2.4.2.117.4.3.4.3.11 Implementing a per-pupil school-based budget formula that is weighted based on student needs.
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.
9.0 Department Responsibilities for Action List, Focus, Focus Plus, and Priority Schools Under Restructuring and for Persistently Low-Achieving Schools
9.2 The Department shall assign a School Support Team to schools beginning with Under Improvement Phase 2 and continuing through the Restructuring or Persistently Low-Achieving School phase to provide supports and opportunities to these schools and their districts. The School Support Team shall monitor the school's progress, ensure that all identify technical assistance and any other supports that may be available are provided to the school, assist the school in developing and implementing its plans, act as a liaison between the Department and the school, and take any other actions deemed appropriate by the Team to provide support to the school and any other required Department responsibilities pursuant to ESEA Flexibility.
10.0 Process for Classifications of Schools Identified for Improvement
10.1 The Department shall provide districts and schools with preliminary notification of a school's identification pursuant to 7.0 classification no later than the end of July September 15 following the school year on which the identification is based, and final notice shall be given no later than August 1st September 30.
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.
121.0 Review Process
121.1 A school or district may review school or district level data, including academic assessment data upon which the proposed AYP classification is based. The school or district shall present statistical evidence or other substantive reasons why the AYP classification should be changed before the final classification will be determined. School or district level data, including academic assessment data upon which the preliminary notification classification is based, shall be made available to the school or district at the time of the preliminary notification.
121.2 If requesting review of classification, Tthe school or district shall file a written notice of request for review with the Secretary no later than 15 calendar days after receiving preliminary notification of its proposed AYP classification. The request for review shall state with specificity the grounds for the review, and shall be signed by the principal or lead authority of the school, or by the Superintendent of the district. This request for review shall include all supporting evidence and documentation and shall be clear and concise.
121.3 Upon receipt of a written notice of review, the Secretary shall refer the review to his or her designee.
121.3.1 The designee shall be responsible for bringing the review forward to the Review Advisory Committee. The Review Advisory Committee shall be composed of a minimum of three members and assigned by the Secretary.
121.3.2 The Review Advisory Committee shall conduct an independent review only of the statistical evidence or other substantive reasons presented by the school or district submitted in the school’s or district’s request and provide the Secretary with a recommendation within ten working days.
121.4 The Department of Education shall make a final determination within 30 calendar days from the written notice of review on the proposed AYP classification of the school or district based on the evidence or other substantive reasons presented by the school or district in its request.
Last Updated: December 31 1969 19:00:00.
site map   |   about this site   |    contact us   |    translate   |    delaware.gov