DEPARTMENT OF EDUCATION
OFFICE OF THE SECRETARY
Statutory Authority: 14 Delaware Code, Section 122(b) (14 Del.C.
§122(b)14
DE Admin. Code 103

PROPOSED

A. Education Impact Analysis Pursuant To 14 Del.C. Section 122(d)103 Accountability for Schools, Districts and the State A.Type of Regulatory Action Required
Amendment to Existing Regulation<

B. Synopsis of Subject Matter of the Regulation
The Secretary of Education seeks the consent of the State Board of Education to amend Title 14 DE Admin. Code  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. Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before October 1, 2015 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.

C. Impact Criteria

1. Will the amended regulation help improve student achievement as measured against state achievement standards? The amendment will help improve student achievement by setting up an accountability system for schools, districts and the State.

2. Will the amended help ensure that all students receive an equitable education The amended regulation will help to ensure that all students receive an equitable education.

3. Will the amended regulation help to ensure that all students’ health and safety are adequately protected? The amendment does not address students’ health and safety.

4. Will the amended regulation help to ensure that all students’ legal rights are respected? The amended regulation will 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 will preserve the necessary authority and flexibility of 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 will not place unnecessary reporting or administrative requirements or mandates upon decision makers at the local board and school levels.

7. Will the decision making authority and accountability for addressing the subject to be regulated be placed in the same entity? The decision making authority and accountability for addressing the subject to be regulated does not change due to the amendment.

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 will 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.

9. Is there a less burdensome method for addressing the purpose of the regulation? There is not a less burdensome method for addressing the purpose of the regulation.

10. What is the cost to the State and to the local school boards of compliance with the regulation? There is no cost to the state or local school boards to be in compliance with this regulation.

103 Accountability for Schools, Districts and the State.
1 Purpose and Definitions

1.1 Purpose: All public schools, including charter schools, reorganized and career technical school districts and the State shall be subject to the 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.

2 Definitions:  

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 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 System of Student Assessments System (DeSSA)” means the system of assessments designed to measure student achievement of state content standards, including, but not limited to, general assessments measuringstudent 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 statewide..

“Department”‘ or “ Department of Education” means the Delaware Department of Education.

“District” shall means a reorganized school district or vocational technical school district established pursuantto Chapter 10 of Title 14 of the Delaware Code.

“Elementary School” for purposes of this regulation 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 mean 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 SecondarySchool 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.

“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.

“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” means State of Delaware.

“Statewide System of Supports” means a variety of categories of, and supports to, school improvement pursuant to ESEA Flexibility.

7 DE Reg. 57 (07/01/03)
10 DE Reg. 89 (07/01/06)
13 DE Reg. 1064 (02/01/10)
14 DE Reg. 1353 (06/01/11)

Delaware School Success Framework (DSSF)
2.1 The Delaware School Success Framework (DSSF) shall be the basis for the determination of school accountability ratings. School accountability ratings shall be calculated by the Department for all public schools, including reorganized and career technical school districts and the State on an annual basis. Ratings shall be calculated through the aggregation of school performance on individual metrics in the DSSF.

2.2 The Delaware School Success Framework (DSSF) shall be comprised of multiple metrics in the following categories: Academic Achievement, Growth, On Track to Graduation, College and Career Readiness and Additional Information. The metrics in the Additional Information category will not contribute to a school’s overall rating.

…..2.2.1 Academic Achievement shall include four metrics:

……….2.2.1.1 Proficiency in English language arts (ELA) adjusted for participation rate means the percent of students scoring proficient on the statewide summative assessment in ELA multiplied by the participation rate of students on that assessment.

……….2.2.1.2 Proficiency in mathematics adjusted for participation rate means the percent of students scoring proficient on the statewide summative assessment in mathematics multiplied by the participation rate of students on that assessment.

……….2.2.1.3 Proficiency in science adjusted for participation rate means the percent of students scoring proficient on the statewide summative assessment in science multiplied by the participation rate of students on that assessment.

……….2.2.1.4 Proficiency in social studies adjusted for participation rate means the percent of students scoring proficient on the statewide summative assessment in social studies multiplied by the participation rate of students on that assessment.

…..2.2.2 Growth shall include two metrics:

……….2.2.2.1 Growth in English language arts (ELA) means the average amount of growth demonstrated by students on the statewide summative assessment in ELA.

……….2.2.2.2 Growth in mathematics means the average amount of growth demonstrated by students on the statewide summative assessment in mathematics.

…..2.2.3 On Track to Graduation shall include five metrics:

……….2.2.3.1 Average Daily Attendance shall be calculated for elementary and middle schools.

……….2.2.3.2 On track in ninth grade means the percent of ninth grade students that have earned at least one credit in four of the following course areas: English language arts, mathematics, science, social studies and World Language. On track in ninth grade shall be calculated for high schools only.

……….2.2.3.3 Four-year cohort graduation rate as defined by 34 C.F.R. 200.19. The four-year graduation rateshall be calculated for high schools only.

……….2.2.3.4 Five-year cohort graduation rate shall be an extended-year adjusted cohort graduation rate as defined by 34 C.F.R. 200.19. The five-year graduation rate shall be calculated for high schoolsonly.

……….2.2.3.5 Six-year cohort graduation rate shall be an extended-year adjusted cohort graduation rate as defined by 34 C.F.R. 200.19. The six-year graduation rate shall be calculated for high schools only.

…..2.2.4 College and Career Readiness shall include three metrics:

……….2.2.4.1 Growth to proficiency in English language arts (ELA) means the percent of students that demonstrate a growth path to reach or maintain proficiency on the statewide summative assessment in ELA in less than three assessment periods or by eleventh grade. Growth to proficiency shall be calculated for elementary and middle schools only.

……….2.2.4.2 Growth to proficiency in mathematics means the percent of students that demonstrate a growth path to reach or maintain proficiency on the statewide summative assessment in mathematics in less than three assessment periods or by eleventh grade. Growth to proficiency shall be calculated for elementary and middle schools only.

……….2.2.4.3 College and Career Preparation means the percent of graduating students who have demonstrated success on one or more examples of college and career preparation in high school. College and career preparation shall be calculated for high schools only. A student may demonstrate success by achieving any of the following:

……………2.2.4.3.1 Achievement Level 3 or above on the statewide summative assessment in both ELA and mathematics;

……………2.2.4.3.2 A score of 1550 or above on the SAT assessment;

……………2.2.4.3.3 A score of three or above on any Advanced Placement (AP) examination, excluding AP Seminar;

……………2.2.4.3.4 A score of four or above on any International Baccalaureate (IB) examination;

……………2.2.4.3.5 Grade of B or above on a Department approved non-elective course in the state course transfer matrix;

……………2.2.4.3.6 Technical skills attainment and a combined achievement level on the statewide summative assessment in ELA and mathematics of 6 or above; or,

……………2.2.4.3.7 Technical skills attainment and completion of a co-operative job training opportunity.

…..2.2.5 Additional information shall include metrics which shall not contribute to an accountability rating:

……….2.2.5.1 Survey of students means a statewide, research based survey of students that is aligned with a Parent and educator survey.

……….2.2.5.2 Survey of Parents means a statewide, research based survey of Parents with children enrolled in public schools that is aligned with a student and teacher survey.

……….2.2.5.3 Survey of teachers means a statewide, research based survey of teachers in public schools that is aligned with a student and Parent survey.

……….2.2.5.4 Postsecondary outcomes mean the percent of graduating students who enroll in an institute of higher education within one year of graduation. Postsecondary outcomes shall be calculated for high schools only.

……….2.2.5.5 School narrative report means information provided by the school pertaining to any of the following: curricular offerings, parent and community involvement, exemplary programs,successful teaching, school climate or disciplinary strategies and other developments, as defined by 14 DE Admin. Code §104.

2.3 Full Academic Year for accountability:

…..2.3.1 For school accountability students enrolled continuously in the school from September 30 through the end of the statewide summative assessment window of a school year including those students identified in 3.1.1 and 3.1.2, shall be considered enrolled for a full academic year.

…..2.3.2 For district accountability students enrolled continuously in the district (but not necessarily the same school), from September 30 through the end of the summative assessment window of a school year,including those students identified in 3.1.1 and 3.1.2, shall be considered enrolled for a full academic year.

…..2.3.3 For State accountability students enrolled continuously in the State (but not necessarily the same school or district) from September 30 through the end of the summative assessment window of a school year shall be considered enrolled for a Full Academic Year.

2.4 Proficient: For accountability purposes, students who score at Achievement or Performance Level 3 or Level 4 and who have met the requirements of a full academic year as defined in 2.3 shall be deemed proficient.Students who score at Achievement or Performance Level 2 or Level 1 who have met the requirements of a full academic year as defined in 2.3 shall not meet the definition of proficient.

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 Proration: Students are accountable to the school that provides instructional services on the following prorated basis:

…..2.6.1 For all academic achievement metrics, when a Full Academic Year student takes the statewide summative assessment in grade 3, the following shall occur: the school that provided Kindergarten services shall receive 10% of the score; the school that provided first grade services shall receive 20% of the score; the school that provided second grade services shall receive 30% of the score; and the school that provided third grade services shall receive 40% of the score.

…..2.6.2 For proficiency in science adjusted for participation, when a Full Academic Year student takes the statewide summative assessment in grade 8, the following shall occur: the school that provided sixth grade services shall receive 20% of the score; the school that provided seventh grade services gets 30% of the score; and the school that provided eighth grade services gets 50% of the score. When a Full Academic Year student takes the statewide summative assessment in grade 5, the following shall occur: the school that provided second grade services gets 10% of the score; the school that provided third grade services gets 20% of the score; the school that provided fourth grade services gets 30% of the score; and the school that provided fifth grade services gets 40% of the score.

…..2.6.3 For proficiency in social studies adjusted for participation, when a Full Academic Year student takes the statewide summative assessment in grade 7, the following shall occur: the school that provided fifth grade services shall receive 20% of the score; the school that provided sixth grade services gets 30% of the score; and the school that provided seventh grade services gets 50% of the score. When a Full Academic Year student takes the statewide summative assessment in grade 4, the following shall occur: the school that provided first grade services gets 10% of the score; the school that provided second grade services gets 20% of the score; the school that provided third grade services gets 30% of the score; and the school that provided fourth grade services gets 40% of the score.

…..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).

2.7 Annual Measurable Objective (AMO): The annual measurable objectives for English language arts, mathematics, and the four-year cohort graduation rate shall be determined by the Department and published annually. The annual measurable objectives shall be the same for all schools and districts.

2.8 Calculation of ratings and metric targets: All schools, districts and the State shall receive a performance rating for each rated category of the DSSF (i.e., Academic Achievement, Growth, On Track to Graduation and College and Career Readiness) and overall, as further defined in this regulation. The ratings for each rated DSSF category shall be based upon performance against a set of targets for each metric included in the category. The overall rating shall be calculated through the weighted aggregation of performance across allrated DSSF metrics that are applicable to that entity. The targets and weighting criteria shall be determined bythe Department and published annually. The targets and weighting criteria shall be consistent for all schools, districts and the State.

…..2.8.1 A school’s performance rating must demonstrate that the lowest performing subgroup (excluding ELL and Special Education) is at least as high as the highest performing subgroup two performance levels lower. If it is not, the school’s performance rating will be reduced one full level.

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.

2.10 Accountability Determinations

…..2.10.1 For each public school, reorganized and career technical school districts, and the State, accountability ratings shall be calculated annually.

…..2.10.2 School Accountability: If there are more than 15 students in the aggregate or in any subgroup, the performance on each DSSF metric within a rated category that is applicable to the school shall be reported. If there are 30 or more students in the aggregate or in any subgroup, the performance on each DSSF metric within a rated category that is applicable to the school shall be reported and used to determine accountability ratings.

…..2.10.3 District Accountability: If there are more than 15 students in the aggregate or in any subgroup, the performance on each DSSF metric within a rated category that is applicable to the district shall be reported. If there are 30 or more students in the aggregate or in any subgroup the performance on each DSSF metric within a rated category that is applicable to the district shall be reported and used to determine accountability ratings.

…..2.10.4 State Accountability: If there are more than 15 students in the aggregate or in any subgroup, the performance on each DSSF metric within a rated category shall be reported. If there are 30 or more students in the aggregate or in any subgroup, the performance on each DSSF metric within a rated category that is applicable to the State shall be reported and used to determine accountability ratings.

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