CHAPTER 28

FORMERLY

SENATE BILL NO. 76

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION PROFILE REPORTS, AND SCHOOL, DISTRICT, AND STATE ACCOUNTABILITY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend § 124A, Title 14, Delaware Code by deleting the section in its entirety and inserting in lieu thereof the following:

“ 124A. Education Profile Reports.

(a) On or before August 15, 2003, and on or before August 1st of each subsequent year, the Department of Education shall issue Delaware Public Education Profiles on all Delaware public schools, including charter schools, reorganized and vocational - technical school districts, and the State ( hereinafter in this section referred to as ‘Education Profiles.’) Such Education Profiles shall report on the state of Delaware’s public education system and the progress toward achieving the educational goals established by the General Assembly, State, and the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C.A. §6301 et seq.

(b) The purpose of the Education Profiles shall be to monitor progress and trends toward the achievement of the State's educational goals, to provide parents and citizens with information they can use to make good choices for their children and to hold the public educational system accountable for its performance and cost-effective use of public funds. The Education Profiles shall be in a user-friendly form that permits educationally meaningful comparisons among schools and school districts, based on accurate, reliable and normalized data. The Education Profiles shall compare data for all

Delaware public schools, including charter schools, school districts, and the state to national, regional and statewide data where informative and practicable to do so.

(c) The Education Profiles shall contain, but need not be limited to information such as the following to be reported on a state, district and school-specific basis:

(1) Information pertaining to student testing, student achievement and educational outcomes as measured against the State's standards and other relevant indicators;

(2) Information pertaining to school, and/or district, and state accountability;

(3) Information pertaining to school safety and discipline and student attendance and truancy;

(4) Information pertaining to school district administrator-student ratios, school teacher-student ratios and other staffing ratios;

(5) Information pertaining to pupil and staff population demographics;

(6) Information pertaining to school district revenues, expenditures, tax rates and wealth;

(7) Information pertaining to school curricular offerings;

(8) Information pertaining to parent and community involvement in the school and school district;

(9) Information pertaining to the school district or school supplied by the school district or school to include in the Education Profile pertaining to the criteria specified in this subsection; and

(10) Such other information as the Department, after consultation with the State Board, finds will serve the purposes set forth in subsection (b) of this section.

(d) With the goal of encouraging the replication of effective educational policies and practices, the Education Profiles shall also highlight examples of exemplary programs, successful teaching, school climate or disciplinary strategies and other developments that may be of value in improving the performance of Delaware's students and public schools.

(e) The Department shall require public school districts to file district reports containing the data necessary to prepare the Education Profiles and shall prescribe a uniform format for such district reports. To the extent that the information required for the district reports must be filed by districts with the State pursuant to a separate section of this Code or Department regulation, the Department shall not require a duplicative report.

(f) The Education Profiles will be published, subject to an annual appropriation in the annual state budget act, at the expense of the State. Said profiles will be printed by the Department of Education in sufficient quantity and supplied to local school districts in sufficient quantity for distribution to district staff, parents and the community at large.

(g) The Department of Education with the consent of the State Board of Education shall promulgate rules and regulations to implement the provisions of this section.”

Section 2. Amend § 154 (a), Title 14 of the Delaware Code by deleting the words “through the School Profiles” as it appears after the word “schools” and before the word “required” in the first sentence therein and replacing the same with the following: “, including charter schools, through the Education Profiles”.

Section 3. Amend § 154 (a), Title 14 of the Delaware Code by adding after the word “title” and before the “.” at the end of the second sentence therein the following phrase: “,as well as other criteria as established by the Department of Education regulations pursuant to subsection (b) of this section”.

Section 4. Amend § 154 (a), Title 14 of the Delaware Code by striking the numeral “4” in the third sentence of the subsection therein and substituting the numeral “5” thereof.

Section 5. Amend § 154(a), Title 14 of the Delaware Code by deleting “‘Under School Improvement’ and ‘Unsatisfactory Performance’” from the last sentence therein and substituting the following in lieu thereof: “‘Academic Review,’ ‘Academic Progress’, and ‘Academic Watch’”.

Section 6. Amend § 154 (b), Title 14 of the Delaware Code by deleting the words “pursuant to this section” as it appears in the first sentence therein after the word “activities” and before the “.”

Section 7. Amend § 154 (b), Title 14 of the Delaware Code by striking the “:” in the third sentence of the paragraph and deleting paragraphs (1), (2), (3), and (4) in their entireties and inserting in lieu thereof the following:

“be at a minimum consistent with the requirements of the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C.A. § 6301 et seq.”

Section 8. AMEND § 154 (c), Title 14 of the Delaware Code by deleting the subsection in its entirety and inserting in lieu thereof the following:

“The Department shall develop a program to commence during fiscal year 2004 to recognize the performance of schools designated as ‘Superior Performance’ and ‘Commendable Performance.’ Such program shall, subject to the extent of available appropriations, include recognition of schools through the Education Profiles pursuant to § 124A of this Title; special ceremonies, the award of plaques or flags; and may include monetary awards. Monetary awards may be used for any school improvement purpose; provided however, that the use of any school award shall be determined by a school-based committee comprised of school administrators, teachers, other staff, parents and students.

Section 9. Amend § 154 (d), Title 14 of the Delaware Code by deleting the subsection in its entirety and inserting in lieu thereof the following:

“The Department shall develop a program to improve and hold accountable those schools identified as ‘Academic Review,’ ‘Academic Progress’ and ‘Academic Watch.’ Such program shall be at a minimum consistent with any sanctions prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C.A. § 6301 et seq.”

Section 10. Amend § 154 (e), Title 14 of the Delaware Code by inserting after the word “Department” and before the word “shall” in the first sentence therein the following:

“, with the consent of the State Board of Education,”.

Section 11. Amend § 154 (e), Title 14 of the Delaware Code by deleting the second sentence therein beginning with the word “Such” and ending with the word “control”, in its entirety.

Section 12. Amend § 155 (a), Title 14 of the Delaware Code by deleting the subsection in its entirety and inserting in lieu thereof the following:

“(a) The Department shall create a program to provide the public with objective information about the academic performance of all Delaware public reorganized and vocational-technical school districts, through the Education Profiles specific to each school district required pursuant to § 124A of this Title. The program shall classify districts based on the assessments administered pursuant to § 151 (b) and (c) of this title, as well as other criteria established by the Department of Education regulations pursuant to subsection (b) of this section. The Department shall classify school districts by utilizing 5 ratings of district performance to be known as ‘Superior Performance,’ ‘Commendable Performance,’ ‘Academic Review,’ ‘Academic Progress’ and ‘Academic Watch’”.

Section 13. Amend § 155 (b), Title 14 of the Delaware Code by deleting subsection (b) in its entirety and inserting in lieu thereof the following:

“ (b) The Department shall establish the criteria for the determination of whether a school district is subject to recognition, or subject to improvement and accountability activities. The Department regulations setting forth such criteria shall be at a minimum consistent with the requirements of the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C.A. § 6301 et seq.”

Section 14. Amend § 155 (c), Title 14 of the Delaware Code by deleting the subsection in its entirety and inserting in lieu thereof the following:

“(c) The Department shall develop a program to commence during Fiscal Year 2004 to recognize the performance of school districts designated as ‘Superior Performance’ and ‘Commendable Performance.’ Such program shall, subject to the extent of available appropriations, include recognition of districts and their boards of education through the Education profiles pursuant to § 124A of this Title; special ceremonies, the award of plaques or flags; and may include monetary awards. Monetary awards may be used for any district improvement purpose; provided however, that the use of any district award shall be determined by a district-based committee comprised of district personnel, school administrators, teachers, other staff, parents and students.”

Section 15. Amend §155 (d) by striking subsection (d) in its entirety.

Section 16. Amend §155 (e), Title 14 of the Delaware Code by deleting subsection (e) in its entirety and inserting a new subsection (d) to read as follows:

“(d) The Department shall develop a program to improve and hold accountable those school districts identified as ‘Academic Review,’ ‘Academic Progress’ and ‘Academic Watch.’ Such program shall be at a minimum consistent with any sanctions prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C.A. § 6301 et seq.”

Section 17. Amend § 155 (f), Title 14 of the Delaware Code by inserting after the word “Department” and before the word “shall” in the first sentence therein the following: “with the consent of the State Board of Education”, and further by deleting the second sentence in this subsection therein beginning with the word “Such” and ending with word “control” in its entirety, and redesignating this subsection as (e).

Section 18. Amend § 156 (a), Title 14 of the Delaware Code by deleting the following: “the Business/Public Education Council and the University of Delaware’s Education Research and Development Center, or other similar entities if such entities choose not to perform this task,” after the word “commission” and before the word “to” in the third sentence therein and substituting in lieu thereof the following words “an independent entity”.

Section 19. Amend § 156 (a), Title 14 of the Delaware Code by deleting “Business/Public Education Council, or another similar entity if such entity chooses not to perform this task,” as it appears in the fifth sentence in the subsection and substituting in lieu thereof the following “business community”.

Section 20. Amend § 156 (a), Title 14 of the Delaware Code by deleting “, and shall commission that Council to produce an annual management review of the Department for public distribution each year commencing in calendar year 1999” as it appears in the fifth sentence therein after the word “districts”.

Section 21. Amend § 156 (e), Title 14 of Delaware Code by striking the numeral “13” after the word “the” and before the date “1998” in the last sentence of the subsection there in and inserting in lieu thereof the following “2.9”.

Approved May 1, 2003