CHAPTER 24

FORMERLY

SENATE BILL NO. 72

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE STATE HIGH SCHOOL DIPLOMA.

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

Section 1. Amend §152, Chapter 1, Title 14 of the Delaware Code by striking subsections (a) through (f) of §152 and substituting in lieu thereof the following:

“(a) Beginning in 2005, students graduating from a Delaware public high school shall be awarded either a State of Delaware High School Diploma or a State of Delaware Distinguished Achievement Diploma. The type of diploma shall be clearly indicated on the face of each diploma.

(b) For 2005 students who graduate from a Delaware public high school, the Department of Education shall issue the traditional State of Delaware diploma, now referred to as the State of Delaware High School Diploma, or the State of Delaware Distinguished Achievement Diploma, formerly referred to as the Distinguished Achievement Diploma, utilizing the rules and regulations governing the issuance of diplomas for the 2003-2004 school year.

(c) In 2006, the Department shall award a State of Delaware High School Diploma to a student graduating from a Delaware public school who successfully completes the prescribed course requirements established by the State, or the district, if district credit requirements are higher than those of the State. The Department of Education, with the concurrence of the State Board of Education, shall establish by regulation the proficiency levels of performance relative to the State high school content standards on the assessments administered pursuant to section 151(b) and (c) of this title, and the use of other academic indicators and their corresponding proficiency levels for a student to receive a State of Delaware Distinguished Achievement Diploma. Other academic indicators may include but are not limited to assessments such as the Preliminary Scholastic Aptitude Test (PSAT), the Scholastic Aptitude Test (SAT), Advanced Placement test scores, American College Test (ACT), local district assessments and indicators used to determine student proficiency relative to the content standards, and other assessments approved at the State level in a content area.

(e) A high school student who fails to achieve a proficient level of performance on the assessments required in § 152(b), or (c) may retake the assessments each succeeding year they continue in high school. Students taking the alternative assessment pursuant to section 151(g) of this title shall be exempt from this requirement.

(f) The Department shall issue a certificate of performance to a student who has met the requirements of the student’s Individualized Education Program but has not completed the high school graduation course requirements established by the State, or the district, if district credit requirements are higher than those of the State, and has not demonstrated the proficient level of performance established pursuant to subsection (b), or (c) of this section.

(g) A student receiving a State of Delaware High School Diploma in 2004 or 2005 may request that his or her district or charter school reevaluate the diploma determination based on any adjustment or addition of other academic indicators for the determination of the Distinguished Achievement Diploma. If it is determined the student earned the Distinguished Achievement Diploma, the Department shall retroactively award such diploma.”

Section 2. This Act shall be effective upon its enactment into law.

Approved May 12, 2005