DEPARTMENT OF EDUCATION
Office of the Secretary
PROPOSED
PUBLIC NOTICE
Education Impact Analysis Pursuant to 14 Del.C. Section 122(d)
505 High School Graduation Requirements and Diplomas
A. TYPE OF REGULATORY ACTION REQUIRED
Amendment to Existing Regulation
B. SYNOPSIS OF SUBJECT MATTER OF THE REGULATION
Pursuant to 14 Del. C. §122(b)(3), the Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 505 High School Graduation Requirements and Diplomas. This regulation is being amended to add the definition of Homeless Youth and to allow students that have experienced homelessness during any of their high school years to graduate based on the State’s requirements. This amendment will remove barriers that could arise if a student experiencing homelessness transfers between high schools that have additional requirements. This idea was included in the State’s ESSA Plan. Other minor changes were made to bring the regulation into compliance with the Delaware Administrative Code Drafting and Style Manual.
Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before October 3, 2020 to the Department of Education, Office of the Secretary, Attn: Regulation Review, 401 Federal Street, Suite 2, Dover, Delaware 19901 or email to DOEregulations.comment@doe.k12.de.us. A copy of this regulation may be viewed online at the Registrar of Regulation's website, http://regulations.delaware.gov/services/current_issue.shtml or obtained at the Department of Education’s Office of the Secretary, located at the address above.
C. IMPACT CRITERIA
1. Will the amended regulation help improve student achievement as measured against state achievement standards? The amended regulation allows for the improvement of student achievement as measured against state achievement standards for homeless youth specifically.
2. Will the amended regulation help ensure that all students receive an equitable education? The amended regulation will help ensure all students receive an equitable education.
3. Will the amended regulation help to ensure that all students’ health and safety are adequately protected? The amended regulation will help ensure all students’ health and safety are adequately protected.
4. Will the amended regulation help to ensure that all students’ legal rights are respected? The amended regulation continues to help ensure that all students’ legal rights are respected.
5. Will the amended regulation preserve the necessary authority and flexibility of decision making at the local board and school level? The amended regulation does not change the decision making at the local board and school level.
6. Will the amended regulation place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels? The amended regulation does not place any unnecessary reporting or administrative requirements or mandates on decision makers.
7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The amended regulation does not change the decision making authority and accountability for addressing the subject to be regulated.
8. Will the amended regulation be consistent with and not an impediment to the implementation of other state educational policies, in particular to state educational policies addressing achievement in the core academic subjects of mathematics, science, language arts and social studies? The amended regulation is consistent with and not an impediment to the implementation of other state educational policies.
9. Is there a less burdensome method for addressing the purpose of the regulation? There is no less burdensome method for addressing the purpose of the amended regulation.
10. What is the cost to the State and to the local school boards of compliance with the regulation? There are no material costs to implementing this amended regulation.
505 High School Graduation Requirements and Diplomas
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
"Career Pathway" means the three (3) credits of pre planned pre-planned and sequential courses required for graduation designed to develop knowledge and skills in a particular career or academic area.
"Computer Science" means an advanced placement, honors, college prep or integrated computer science course that meets both the computer science and mathematics standards that can be used towards a mathematics graduation credit requirement in addition to those mathematics course requirements under subsection 5.1.1.
"Credit" means the acquisition of skills and knowledge at a satisfactory level as determined by the district and charter school boards through 135 hours (a Carnegie Unit) of actual classroom instruction, which may include various methods of delivery or through locally approved options contained in Section 8.0.
"Department" means the Delaware Department of Education.
"English Language Arts" means those four (4) components of reading, writing, language, and speaking and listening that are included in the State Content Standards for high school English Language Arts as required in 14 DE Admin. Code 501.
"Health Education" means those components that are included in the State Content Standards for high school health education as required in 14 DE Admin. Code 501.
"High School" means grades 9 through 12.
"Homeless Youth" as defined by the provisions of 42 U.S.C. §11434a(2), means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of 42 U.S.C. §11302(a)(1)), and includes:
"Mathematics" means those conceptual categories of number and quantity, algebra, functions, geometry, statistics and probability combined with problem solving, modeling, reasoning, communicating, and making connections that are included in the State Content Standards for high school mathematics as required in 14 DE Admin. Code 501 either through integrated courses or in courses titles such as Algebra I, Algebra II, Geometry, Trigonometry, Pre-Calculus, Calculus, Computer Science, Discrete Mathematics, Statistics, and Probability.
“Novice-high proficiency level” means the novice-high level of proficiency of certain skills and knowledge as defined by the American Council for the Teaching of Foreign Languages (ACTFL).
"Physical Education" means those components that are included in the State Content Standards for high school physical education as required in 14 DE Admin. Code 501 and 503. In addition to the one (1) credit required for high school graduation, only one (1) additional elective credit in physical education such as weightlifting, yoga, fitness, running, or tennis may be used to fulfill the graduation requirements.
"Science" means those components of the nature of science which include science and engineering practices, matter and its interactions, motion and stability, energy and its effects, waves and their applications, Earth's place in the universe, Earth's systems, Earth and human activity, life structure and processes, ecosystems, heredity, diversity and continuity of living thing, engineering design, and the links among engineering, technology, science, and society that are included in the State Content Standards for high school science as required in 14 DE Admin. Code 501 either through integrated courses or in course titles such as Earth Science, Biology, Chemistry and Physics.
"Social Studies" means those components of civics, economics, geography, and history that are included in the State Content Standards for high school social studies as required in 14 DE Admin. Code 501 either through integrated courses or in course titles such as United States History, World History, Geography, Economics, and Civics.
“State of Delaware High School Diploma” means a diploma granted to students who successfully complete the prescribed course requirements established by the State, or the district or charter school, if district or charter school credit requirements are higher than those of the State.
“State of Delaware – Diploma of Alternate Achievement Standards” means a diploma awarded to a student who has met the requirements of the student’s Individualized Education Program (IEP) but will not complete the high school graduation course credit requirements established by the State, district, or charter school for a State of Delaware High School Diploma.
“Student in DSCYF custody” means a student, who is or was in the custody of the Department of Services for Children, Youth & Their Families (“DSCYF”) (DSCYF), including the Division of Family Services (DFS), the Division of Prevention and Behavioral Health (PBH) and the Division of Youth Rehabilitative Services (YRS), for any length of time, during his or her enrollment in high school.
“Veteran” means any veteran who performed service during any of the following periods: World War II: December 7, 1941 through December 11, 1946, and also during occupation of defeated territories up to September 8, 1951; Korean War: June 27, 1950 through January 31, 1955; and Vietnam: May 1, 1961 through April 30, 1975.
"World Languages" means any language other than English that is used by peoples persons around the world for communicating information and ideas and transmitting its culture(s), cultures, including American Sign Language (ASL), Latin and Ancient Greek.
2.1 For the graduating class of 2011, a public school student shall be granted a State of Delaware Diploma when such student has successfully completed a minimum of twenty two (22) credits in order to graduate including: four (4) credits in English Language Arts, four (4) credits in Mathematics; three (3) credits in Science, three (3) credits in Social Studies, one (1) credit in Physical Education, one half one-half (1/2) credit in Health Education, three (3) credits in a Career Pathway, and three and one half one-half (3 ½) credits in elective courses.
2.1.1 Students shall complete Mathematics course work that includes no less than the equivalent of the traditional requirements of Geometry, Algebra I and Algebra II courses.
2.1.2 Scientific investigations related to the State Science Standards shall be included in all three (3) Science course requirements.
2.1.3 During the senior year students shall maintain a credit load each semester that earns them at least a majority of credits that could be taken that semester. A credit in Mathematics shall be earned during the senior year.
2.1.3.1 Senior year credits shall include regular High School course offerings, the options available in Section 8.0, or a combination of both.
3.1 For the graduating class of 2015, a public school student shall be granted a State of Delaware Diploma when such student has successfully completed a minimum of twenty four (24) credits in order to graduate including: four (4) credits in English Language Arts, four (4) credits in Mathematics, three (3) credits in Science, three (3) credits in Social Studies, two (2) credits in a World Language, one (1) credit in Physical Education, one half one-half (1/2) credit in Health Education, three (3) credits in a Career Pathway, and three and one half one-half (3 ½) credits in elective courses.
3.1.1 The student shall complete Mathematics course work that includes no less than the equivalent of the traditional requirements of Geometry, Algebra I and Algebra II courses.
3.1.2 Scientific investigations related to the State Science Standards shall be included in all three (3) Science course requirements.
3.1.3 During the senior year the student shall maintain a credit load each semester that earns the student at least a majority of credits that could be taken that semester. A credit in Mathematics shall be earned during the senior year.
3.1.3.1 Senior year credits shall include regular High School course offerings, the options available in Section 8.0, or a combination of both.
3.2 World Language:
3.2.1 Students may fulfill the two (2) credit World language requirement by either:
3.2.1.1 Earning a minimum of two (2) World Language credits in the same language or,
3.2.1.2 Demonstrating Novice-high or higher proficiency level on a nationally recognized assessment of language proficiency, except English, in the skill areas of oral or signed expressive and receptive communication, reading and writing, that uses the levels of proficiency as identified by the American Council for the Teaching of Foreign Language, or as approved for use by the Delaware Department of Education.
3.2.2 Any student enrolling in a Delaware public High School from an out-of-state school or nonpublic Delaware High School between and including October 1st of the 11th grade year and September 30th of the 12th grade year with one (1) World Language credit from a previous school shall be required to earn the second credit in that language unless the language is not offered at the enrolling school. In such case, the student shall earn one (1) credit in an additional language for a total of two (2) credits or pursue available options in Section 8.0 to earn the second credit of the original language.
3.2.3 Any student enrolling in a Delaware public High School from an out-of-state school or nonpublic Delaware High School between and including October 1st of the 11th grade year and September 30th of the 12th grade year with no World Language credits, shall be required to earn at least one (1) World Language credit prior to graduation. Provided further, the minimum twenty-four (24) total credits outlined in this section shall still be met, or any other credit requirements pursuant to Section 9.0.
3.2.4 Any student enrolling in a Delaware public High School from an out-of-state school or nonpublic Delaware High School on or after October 1st of the 12th grade year, the World Language requirement shall be waived. Provided further, the minimum twenty-four (24) total credits outlined in this section shall still be met, or any other credit requirements pursuant to Section 9.0.
3.2.5 Any student transferring between Delaware public schools with one (1) World Language credit from a previous school shall be required to earn the second credit in that language unless the language is not offered at the enrolling school. In such case, the student shall pursue available options in Section 8.0 to earn the second credit of the original language students or earn one (1) credit in an additional language for a total of two (2) credits.
4.1 Beginning with the graduating class of 2016, a public school student shall be granted a State of Delaware Diploma when such student has successfully completed a minimum of twenty four (24) credits in order to graduate including: four (4) credits in English Language Arts, four (4) credits in Mathematics, three (3) credits in Science, three (3) credits in Social Studies, two (2) credits in a World Language, one (1) credit in Physical Education, one half one-half (1/2) credit in Health Education, three (3) credits in a Career Pathway, and three and one half one-half (3 ½) credits in elective courses.
4.1.1 The student shall earn credit upon completion of Mathematics course work that includes no less than the equivalent of the traditional requirements of Geometry, Algebra I and Algebra II courses. The student shall complete an Algebra II or Integrated Mathematics III course as one of the Mathematics credits.
4.1.2 Scientific investigations related to the State Science Standards shall be included in all three (3) Science course requirements. The student shall complete a Biology course as one (1) of the Science credits.
4.1.3 The student shall complete a U. S. History course as one (1) of the Social Studies credits.
4.1.4 During the senior year the student shall maintain a credit load each semester that earns the student at least a majority of credits that could be taken that semester. A credit in Mathematics shall be earned during the senior year. Further provided, a student participating in a dual enrollment course or dual credit course, as defined in 14 DE Admin. Code 506 Policies for Dual Enrollment and Awarding Dual Credit, shall be considered to be meeting the majority of credits, as long as a credit in Mathematics is earned during the senior year.
4.1.4.1 Senior year credits shall include regular High School course offerings, the options available in Section 8.0, or a combination of both.
4.2 World Language:
4.2.1 Students may fulfill the two (2) credit World Language requirement by either:
4.2.1.1 Earning a minimum of two (2) World Language credits in the same language or,
4.2.1.2 Demonstrating Novice-high or higher proficiency level on a nationally recognized assessment of language proficiency, except English, in the skill areas of oral or signed expressive and receptive communication, reading and writing, that uses the levels of proficiency as identified by the American Council for the Teaching of Foreign Language, or as approved for use by the Delaware Department of Education.
4.2.2 Any student enrolling in a Delaware public High School from an out-of-state school or nonpublic Delaware High School between and including October 1st of the 11th grade year and September 30th of the 12th grade year with one (1) World Language credit from a previous school shall be required to earn the second credit in that language unless the language is not offered at the enrolling school. In such case, the student shall earn one (1) credit in an additional language for a total of two (2) credits or pursue available options in Section 8.0 to earn the second credit of the original language.
4.2.3 Any student enrolling in a Delaware public High School from an out-of-state school or nonpublic Delaware High School between and including October 1st of the 11th grade year and September 30th of the 12th grade year with no World Language credits, shall be required to earn at least one (1) World Language credit prior to graduation. Provided further, the minimum twenty-four (24) total credits outlined in this section shall still be met, or any other credit requirements pursuant to Section 9.0.
4.2.4 Any student enrolling in a Delaware public High School from an out-of-state school or nonpublic Delaware High School on or after October 1st of the 12th grade year, the World Language requirement shall be waived. Provided further, the minimum twenty-four (24) total credits outlined in this section shall still be met, or any other credit requirements pursuant to Section 9.0.
4.2.5 Any student transferring between Delaware public schools with one (1) World Language credit from a previous school shall be required to earn the second credit in that language unless the language is not offered at the enrolling school. In such case, the student shall pursue available options in Section 9.0 to earn the second credit of the original language or earn one (1) credit in an additional language for a total of two (2) credits.
5.1 Beginning with the graduating class of 2019, a public school student shall be granted a State of Delaware Diploma when such student has successfully completed a minimum of twenty-four (24) credits in order to graduate including: four (4) credits in English Language Arts, four (4) credits in Mathematics, three (3) credits in Science, three (3) credits in Social Studies, two (2) credits in a World Language, one (1) credit in Physical Education, one half one-half (1/2) credit in Health Education, three (3) credits in a Career Pathway, and three and one half one-half (3 ½) credits in elective courses.
5.1.1 The student shall earn credit upon completion of Mathematics course work that includes no less than the equivalent of the traditional requirements of Geometry, Algebra I and Algebra II courses. The student shall complete an Algebra II or Integrated Mathematics III course as one of the Mathematics credits.
5.1.2 Scientific investigations related to the State Science Standards shall be included in all three (3) Science course requirements. The student shall complete a Biology course as one (1) of the Science credits.
5.1.3 The student shall complete a U. S. History course as one (1) of the Social Studies credits.
5.1.4 During the senior year the student shall maintain a credit load each semester that earns the student at least a majority of credits that could be taken that semester. A credit in Mathematics shall be earned during the senior year. Further provided, a student participating in a dual enrollment course or dual credit course, as defined in 14 DE Admin. Code 506 Policies for Dual Enrollment and Awarding Dual Credit, shall be considered to be meeting the majority of credits, as long as a credit in Mathematics is earned during the senior year.
5.1.4.1 Senior year credits shall include regular High School course offerings, the options available in Section 8.0, or a combination of both.
5.2 World Language:
5.2.1 Students may fulfill the two (2) credit World Language requirement by either:
5.2.1.1 Earning a minimum of two (2) World Language credits in the same language; or
5.2.1.2 Demonstrating Novice-high or higher proficiency level on a nationally recognized assessment of language proficiency, except English, in the skill areas of oral or signed expressive and receptive communication, reading and writing, that uses the levels of proficiency as identified by the American Council for the Teaching of Foreign Language, or as approved for use by the Delaware Department of Education.
5.2.2 Any student enrolling in a Delaware public High School from an out-of-state school or nonpublic Delaware High School between and including October 1st of the 11th grade year and September 30th of the 12th grade year with one (1) World Language credit from a previous school shall be required to earn the second credit in that language unless the language is not offered at the enrolling school. In such case, the student shall earn one (1) credit in an additional language for a total of two (2) credits or pursue available options in Section 8.0 to earn the second credit of the original language.
5.2.3 Any student enrolling in a Delaware public High School from an out-of-state school or nonpublic Delaware High School between and including October 1st of the 11th grade year and September 30th of the 12th grade year with no World Language credits shall be required to earn at least one (1) World Language credit prior to graduation. Provided further, the minimum twenty-four (24) total credits outlined in this section shall still be met, or any other credit requirements pursuant to Section 8.0.
5.2.4 Any student enrolling in a Delaware public High School from an out-of-state school or nonpublic Delaware High School on or after October 1st of the 12th grade year, the World Language requirement shall be waived. Provided further, the minimum twenty-four (24) total credits outlined in this section shall still be met, or any other credit requirements pursuant to Section 8.0.
5.2.5 Any student transferring between Delaware public schools with one (1) World Language credit from a previous school shall be required to earn the second credit in that language unless the language is not offered at the enrolling school. In such case, the student shall pursue available options in Section 8.0 to earn the second credit of the original language or earn one (1) credit in an additional language for a total of two (2) credits.
Beginning with the graduating class of 2019, a public school student shall be granted a State of Delaware - Diploma of Alternate Achievement Standards when such student has met the requirements of the student's Individualized Education Program (IEP) (IEP), but will not complete the High School graduation course credit requirements established by the State, district, or charter school for a State of Delaware High School Diploma.
Local school districts and charter school boards shall establish policies concerning the purpose, content, development, and approval of Career Pathways.
8.1 District and charter school boards boards, and the Department of Services for Children, Youth and their Families (DSCYF) as provided in 29 Del.C. §9003(8), are authorized to award credit toward High School graduation for the following activities, activities on the condition that the activities incorporate any applicable state content standards. Before awarding credit for any of the following activities, the districts and charter school boards shall have adopted a policy approving the activity for credit and establishing any specific conditions for the award of credit for the activity. Such policy shall be applicable to each school within the district or each charter High School.
8.1.1 Courses taken at or through an accredited community college, two or four year two- or four-year college.
8.1.2 Voluntary community service as defined in 14 Del.C. §§8901A and 8902A.
8.1.3 Supervised work experience in the school and the community which meets the educational objectives or special career interest of the individual student.
8.1.4 Independent study.
8.1.5 Distance learning courses. These courses may be delivered by the teacher to the learner in real time, online or by video.
8.1.6 High School courses taken while in the middle school in conjunction with an articulated agreement between the district middle school and the district High School(s) School. Such credit shall also transfer to a High School in another district or to a charter school.
8.1.7 Course credit transferred from another High School.
8.1.8 Course credit earned through summer or evening school classes, as a member of the military service service, or as part of the James H. Groves Adult High School.
8.1.9 Tutoring programs taught by a teacher certified in the subject being taught.
8.1.10 Course credit awarded by agencies or instrumentalities of the state other than public schools which provide educational services to students. A description of the program provided to the student, grades given, and the number of clock hours of instruction or a demonstration of competency must be provided to the school district or charter school prior to receipt of credit.
8.1.11 Courses taught by a teacher certified in the subject being taught and credit earned upon demonstration of mastery of the competencies of the particular course.
District and charter school boards may establish additional credit requirements for graduation above the minimum number of credits required by the Department.
10.1 Diplomas from one (1) school year shall not be issued after September 15 of the next school year.
10.2 Duplicate diplomas or certificates of performance will not be issued, but legitimate requests for validation of the diploma or the certificate of performance will be satisfied through a letter of certification. Requests for diploma information from graduates of Delaware High Schools should be directed to the High School the student was attending at the time of graduation. If the school does not have the records then records, the student should contact the Department in Dover for a notarized letter of certification that contains the name of the applicant, the name of the school, the date of graduation, and the diploma registry number (if available).
10.3 State High School Diploma for Veterans serving during times of war or conflict, pursuant to 14 Del.C. §159
10.3.1 The Department shall provide a High School diploma to any Veteran who:
10.3.1.1 Left a Delaware High School prior to graduation in order to serve in the armed forces of the United States.
10.3.1.2 Did not receive a High School diploma, or received a G.E.D., as a consequence of such service and,
10.3.1.3 Was discharged from the armed forces under honorable circumstances.
10.3.2 The diploma may also be awarded posthumously if the deceased Veteran meets the qualifications in subsections 10.3.1.1 through 10.3.1.3.
10.3.3 Applications for this High School diploma shall be made on forms designated by the Department and the Delaware Commission of Veterans Affairs and shall have a copy of the candidate’s honorable discharge papers attached to the application.
11.1 A Homeless Youth or a Student in DSCYF custody who transfers into a district or charter school shall be permitted to graduate based on the successful completion of the Department’s graduation requirements as defined in this regulation in lieu of the district’s or charter school’s specific requirements permitted by Section 9.0.
11.2 When a Homeless Youth or a Student in DSCYF custody transfers into a district or charter school, the district or charter school shall use policies developed pursuant to Section 8.0 to review the student’s prior transcript and award values for credit earned through:
11.2.1 Distance learning courses. These courses may be delivered by the teacher to the learner in real time, online or by video;
11.2.2 Courses completed in mental health or rehabilitative facilities;
11.2.3 Courses completed in other districts or charter schools that use a different standard of awarding credits; or
11.2.4 Any other means as approved by the Chief School Officer of the district or charter school in accordance with policy and the law.