(a) The Department shall adopt rules and regulations consistent with the laws of this State governing the statewide assessment of student achievement and the assessment of the educational attainments of the Delaware public school system. The Secretary shall consult with the State Board and representatives of the local school districts in designing and implementing the assessment program required under this section. The assessment program shall be designed and operated to provide the General Assembly, the Governor, the Secretary, the State Board of Education, educational administrators, teachers, parents and the public with timely and accurate information on student achievement and educational attainments.

(b) The Department shall administer both accountability and growth assessments of student achievement for students in grades 3 through 8, provided that additional grades may be added by the Department.

(c) The assessments referred to in subsection (b) of this section shall measure achievement in English language arts and mathematics for students in a minimum of grades 3 through 8 and high school, provided additional grades may be added by the Department. Science and social studies shall be assessed for students at least once in the elementary grades, at least once in the middle grades, and at least once in high school.

(d) The assessments required in subsections (b) and (c) of this section shall measure:

(1) Student performance as required by any federal mandate; and

(2) For grades 3 through 8, the academic progress of individual students.

(e) Notwithstanding any law or regulation to the contrary, matriculation and academic promotion requirements imposed by § 153 of this title shall be based upon the student’s assessment results received on assessments referred to in subsections (b) and (c) of this section.

(f) The Department shall establish alternate assessments for children with disabilities who cannot participate in the statewide assessment of student achievement even with appropriate accommodations and modifications. Alternate assessments must be developed and used in the statewide assessment beginning not later than the 2010-2011 school year. Each local school district, through the individual student’s Individualized Education Program Team or 504 Team, shall determine what assessment the student will take, as well as the student’s matriculation or promotion status and necessary remedial activities if the student’s performance on the assessment is below standard, and if the statewide assessment is administered, what accommodations and/or modifications will be utilized. However, no student shall be denied the opportunity to take the state assessments administered pursuant to subsections (b) and (c) of this section.

(g) For kindergarten through second grade, all school districts are required to follow the state standards, to assess the progress of students toward meeting those standards, and to report such progress to parents.

(h) The Department shall adopt rules and regulations to implement a common statewide readiness tool that will review a child’s readiness for learning when they enter kindergarten. The readiness tool shall serve as the basis for an objective readiness review conducted by the child’s teacher or other members of the child’s school team. The readiness tool shall review, but not be limited to, the following 5 domains:

(1) Language and literacy development;

(2) Cognition and general knowledge;

(3) Approaches toward learning;

(4) Physical well-being and motor development; and

(5) Social and emotional development.

(i) Implementation of the tool delineated in subsection (h) of this section above shall be phased in with the first identified kindergarten classes completing the readiness review in fall 2012. Thereafter the implementation of the readiness reviews shall be phased in with additional kindergarten classes participating in fall 2013 and fall 2014, with statewide implementation no later than fall 2015. The readiness reviews shall be completed within 30 school days of the start of school. A kindergarten student shall be required to be reviewed for readiness once during the student’s enrollment in kindergarten. The Department regulations promulgated pursuant to this section shall address any exceptions to the requirement for implementation of the readiness tool for all students, based on factors such as a student’s late enrollment in kindergarten.

(j) Notwithstanding any other language in this title, a student who has been formally classified as having 1 of the following 4 conditions, and whose parent, IEP team, and school district superintendent or charter school leader believe will not produce valid results on either the standard or alternate assessment despite accommodations and adjustments, shall receive his or her alternate assessment through consideration of work samples, projects and portfolios, which facilitate authentic and direct gauges of student performance with respect to both relevant state standards and the student’s IEP (a “portfolio assessment”). The definition of each of the following 4 conditions shall be the same that is in effect on July 15, 2014, in §§ 922 and 925 of this title of the Delaware Administrative Code [14 DE Admin. Code 922 and 925]:

(1) Moderate intellectual disability;

(2) Severe intellectual disability;

(3) Autism, accompanied by intellectual functioning equivalent to moderate or severe intellectual disability;

(4) Multiple disabilities, accompanied by intellectual functioning equivalent to moderate or severe intellectual disability.

The parents of a student classified as having 1 of these 4 conditions shall be informed of their child’s rights under this section, but no IEP team, school or school district shall advocate that parents exercise those rights. Only a student’s parents may initiate a portfolio assessment request under this section, and when such a request is made, the student’s IEP team and school district superintendent or charter school leader shall make their determinations regarding the portfolio assessment within 60 days of said request. The Department of Education shall promulgate regulations establishing a procedure for the design and evaluation of portfolio assessments requested under this subsection and for further reviews of individual schools and/or school districts that request an unusual number of portfolio assessments. The Department of Education shall also promulgate regulations providing for a method of measuring academic progress by students receiving a portfolio assessment under this section, which: (i) shall provide objective criteria by which student progress can be planned and measured; (ii) shall be developed in consultation with the Governor’s Advisory Council on Exceptional Citizens; and (iii) shall satisfy the requirements of 20 U.S.C. §§ 1412, 6311, and any other applicable federal laws or regulations. Students who are granted a portfolio assessment under this subsection shall be included in the participation rate calculation for schools and school districts. Nothing in this subsection shall be construed to limit the authority of the Department to approve exemptions from assessments for students not covered by this subsection.

(k) Rules and regulations pursuant to this subchapter shall be proposed by the Secretary subject to approval by the State Board of Education.

71 Del. Laws, c. 181, §  2;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 294, §  55;  73 Del. Laws, c. 44, §  1;  74 Del. Laws, c. 220, §§  1, 2;  75 Del. Laws, c. 25, §  2;  75 Del. Laws, c. 305, §  1;  76 Del. Laws, c. 9, §  2;  77 Del. Laws, c. 194, §§  1-3;  78 Del. Laws, c. 53, §§  1-4;  78 Del. Laws, c. 264, §  1;  79 Del. Laws, c. 280, §  1;  79 Del. Laws, c. 300, §  1; 

(a) The Department of Education shall award a regular “State of Delaware High School Diploma” to a student graduating from a Delaware public high school.

(b) The Department shall award diplomas under subsection (a) of this section to students who:

(1) 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; and

(2) Achieve proficient levels of performance, relative to the State high school content standards, on the assessments administered pursuant to § 151(b) and (c) of this title in conjunction with other academic indicators as defined by Department regulations.

(c) A high school student who fails to achieve a proficient level of performance on the assessments pursuant to this section may retake the assessments each succeeding year they continue in high school. This subsection shall not apply to students taking the alternative assessment pursuant to § 151(f) of this title.

(d) The Department shall award a State of Delaware — Diploma of Alternate Achievement Standards to a student who has met the requirements of the student’s Individualized Education Program but will not complete the high school graduation course credit requirements established by the State, district, or charter school for a regular “State of Delaware High School Diploma” under subsection (a) of this section.

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

71 Del. Laws, c. 181, §  3;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 399, §§  5, 6;  72 Del. Laws, c. 294, §  56;  73 Del. Laws, c. 44, §§  2-4;  74 Del. Laws, c. 247, §  1;  75 Del. Laws, c. 24, §  1;  75 Del. Laws, c. 25, §  1;  76 Del. Laws, c. 9, §§  1, 2;  78 Del. Laws, c. 53, §  5;  81 Del. Laws, c. 229, § 1; 

(a) The Department shall identify 4 levels of individual student performance relative to the state content standards on the assessments administered pursuant to § 151(b) and (c) of this title to fulfill the following 3 important functions:

(1) Determine the level or levels of individual performance sufficient to demonstrate a proficient level of performance relative to the state content standards;

(2) Determine the level or levels of individual performance sufficient to demonstrate superior and proficient performance meriting recognition for outstanding and standards-level achievement pursuant to subsection (c) of this section; and

(3) Determine the level or levels of individual performance inadequate to demonstrate a proficient level of performance relative to the state content standards and which warrant requiring students performing at such levels to participate in academic improvement activities as specified in subsection (d) of this section.

(b) The Department may approve other individual student indicators that may be used to determine a student’s performance relative to the state content standards. Such indicators shall:

(1) Provide a measure of individual student performance relative to the state content standards; and

(2) Include performance on district-administered assessments pursuant to subsection (e) of this section, performance on end-of-course assessments, student classroom work products, or classroom grades supported by evidence of student work that demonstrates a student’s performance level pursuant to subsection (a) of this section.

(c) The Department will promulgate rules and regulations for scholarships awarded through the Michael C. Ferguson Achievement Awards program prior to 2016. Unused funds will revert to the Scholarships Fund for the Delaware Higher Education Office to allocate among the various programs under Chapter 34 of this title, with prior approval of the Secretary of Education, the Director of the Office of Management and Budget, and the Controller General, to meet state priorities, achieve program objectives, and respond to student demand.

(d) The Department shall require that students whose performance on the reading and mathematics assessments administered pursuant to § 151(b) and (c) of this title is inadequate to demonstrate a proficient level of performance relative to the state content standards, benchmarked to the extent practicable to accurately reflect the point in the school year that students actually are administered the statewide assessment, participate in academic improvement activities as follows:

(1) A third, fifth or eighth grade student whose performance on the reading portion of the assessments administered pursuant to § 151(b) and (c) of this title is Below the Standard, Level II on the statewide assessment, shall not advance to the next grade unless:

a. The student’s parent or parents or guardian and the school district agree on an individual improvement plan (which may include but is not limited to summer school, before and/or after school instruction, Saturday school, and/or tutoring) to remediate those areas of weakness demonstrated by the state assessment. A student’s parent or parents or guardian shall have the right to appeal the contents of an individual improvement plan to an academic review committee established pursuant to this section;

b. If no agreement pursuant to paragraph (d)(1)a. of this section can be reached, the student shall attend a summer school program and demonstrate a proficient level of performance on the state reading assessment prior to the commencement of the next school year. If at the end of summer school the student still does not demonstrate proficiency on the state reading assessment the student shall be retained unless an academic review committee composed of educators from the student’s district determines that the student has demonstrated proficient performance relative to the state content standards using evidence from other indicators approved pursuant to subsection (b) of this section; or

c. The student has previously been retained for 2 years because of academic performance.

(2) A third, fifth or eighth grade student whose performance on the reading portion of the assessments administered pursuant to § 151(b) and (c) of this title is Well Below the Standard, Level I on the statewide assessment, shall not advance to the next grade unless:

a. The student attends a summer school program and demonstrates a performance of Below the Standard, Level II, or above on the state reading assessment prior to the commencement of the next school year; and if the student’s performance is at Below the Standard, Level II, the student’s parent or parents or guardian and the school district agree on an individual improvement plan in accordance with paragraph (d)(1)a. of this section.

b. An academic review committee composed of educators from the student’s district determines that the student has demonstrated proficient performance relative to the state content standards using evidence from other indicators approved pursuant to subsection (b) of this section. Such evidence shall only be used if the student has not demonstrated a proficient level of performance on the reading assessment after at least 1 retake of the state assessment at a grade level; or

c. The student has previously been retained for 2 years because of academic performance.

d. Notwithstanding the requirements of paragraphs (d)(2)a. and (d)(2)b. of this section, a student may advance to the next grade level without attending summer school if an academic review committee composed of educators from the student’s district or charter school determines that the student has demonstrated proficient performance relative to the state content standards using evidence from other indicators approved pursuant to subsection (b) of this section.

(3) An eighth grade student whose performance on the math portion of the assessments administered pursuant to § 151(b) and (c) of this title is Below the Standard, Level II on the statewide assessment, shall not advance to the next grade unless:

a. The student’s parent or parents or guardian and the school district agree on an individual improvement plan (which may include but is not limited to summer school, before and/or after school instruction, Saturday school, and/or tutoring) to remediate those areas of weakness demonstrated on the state assessment. A student’s parent or parents or guardian shall have the right to appeal the contents of an individual improvement plan to an academic review committee established pursuant to this section;

b. If no agreement pursuant to paragraph (d)(3)a. of this section can be reached, the student shall attend a summer school program and demonstrate a proficient level of performance on the state mathematics assessment prior to the commencement of the next school year. If at the end of summer school, the student still does not demonstrate proficiency on the state assessment, the student shall be retained unless an academic review committee composed of educators from the student’s district determines that the student has demonstrated proficient performance relative to the state content standards using evidence from other indicators approved pursuant to subsection (b) of this section; or

c. The student has previously been retained for 2 years because of academic performance.

(4) An eighth grade student whose performance on the math portion of the assessments administered pursuant to § 151(b) and (c) of this title is Well Below the Standard, Level I on the statewide assessment, shall not advance to the next grade unless:

a. The student attends a summer school program and demonstrates a performance of Below the Standard, Level II, or above on the state mathematics assessment prior to the commencement of the next school year; and if the student’s performance is at Below the Standard, Level II, the student’s parent(s) or guardian and the school district agree on an individual improvement plan in accordance with paragraph (d)(3)a. of this section.

b. An academic review committee composed of educators from the student’s district determines that the student has demonstrated proficient performance relative to the state content standards using evidence from other indicators approved pursuant to subsection (b) of this section. Such evidence shall only be used if the student has not demonstrated a proficient level of performance on the state mathematics assessment after at least 1 retake of the state assessment at a grade level; or

c. The student has previously been retained for 2 years because of academic performance.

d. Notwithstanding the requirements of paragraphs (d)(4)a. and (d)(4)b. of this section, a student may advance to the next grade level without attending summer school if an academic review committee composed of educators from the student’s district or charter school determines that the student has demonstrated proficient performance relative to the state content standards using evidence from other indicators approved pursuant to subsection (b) of this section.

(5) With respect to a student whose performance continues to be deficient after completion of the retention year, the Department may not require that the student’s district retain the student at grade level for another year, but shall require that the district develop an individual improvement plan pursuant to Department regulations. The Department regulations must require that each individual improvement plan identify a specific course of study for the student and the academic improvement activities the student must undertake in order to improve the student’s ability to a proficient level. Academic improvement activities may include mandatory participation in summer school, extra instruction and mentoring programs.

(6) For a student whose performance on the statewide assessment pursuant to § 151(b) and (c) of this title at grade 6 or 7 in mathematics or grade 4, 6 or 7 in reading whose score assessment does not meet a proficient level of performance relative to the state content standards, the local school district shall, in consultation with the student’s parent or parents or guardian, develop an individual improvement plan (which may include but is not limited to summer school, before and/or after school instruction, Saturday school and/or tutoring) to remediate those areas of weakness demonstrated by the assessment. To the extent the statewide assessment is not available, local school districts shall strive to use other means to identify students deemed in danger of failing to reach a proficient level of performance relative to the state content standards on assessments administered pursuant to § 151(b) and (c) of this title and shall develop individual improvement plans for those students to remediate identified areas of weakness.

(7) The Department may require school districts to undertake academic improvement activities with respect to students whose performance is inadequate to demonstrate a proficient level of performance relative to the state content standards on an assessment pursuant to § 151(b) and (c) of this title. Such activities may include extra instruction or mentoring programs.

(8) Any academic review committee established pursuant to this subsection shall include at least 1 teacher from the grade level to which the student may be promoted.

(9) An individual student’s mandatory participation in summer school pursuant to paragraph (d)(2) or (4) of this section may not be excused on more than 2 occasions by the use of other indicators.

(e) The Department shall identify and certify alternative assessments to determine whether students have reached the same proficient level of performance as is required on the reading and mathematics assessments administered pursuant to § 151(b) and (c) of this title. Any alternative assessment shall be equally rigorous, valid and reliable as the assessments administered pursuant to § 151(b) and (c) of this title. Approval of any alternative assessment by the Department shall require the joint approval of the Secretary and the State Board of Education who shall issue written findings supporting the Department’s decision to approve an alternative assessment. Nothing contained in this subsection shall prevent an individual school district, with approval of the Department, from establishing alternative assessments to determine whether students have reached the same proficient level of performance required on the reading and mathematics assessments administered pursuant to § 151(b) and (c) of this title. Any alternative assessments proposed by an individual district shall, prior to approval, be found by the Department to be equally rigorous, valid and reliable as the assessments administered pursuant to § 151(b) and (c) of this title. Approval of any alternative assessment by the Department shall require the joint approval of the Secretary and the State Board of Education, who shall issue written findings supporting the Department’s decision to approve an alternative assessment. Any district that receives such approval shall provide such continuing evidence of the alternative assessment’s reliability and validity as the Secretary and State Board of Education shall require to ensure compliance with this subchapter.

(f) School districts may require any student to participate in academic improvement activities specified for the student by the district in accordance with the Department rules and regulations promulgated pursuant to this section or in accordance with the district’s own policies. A student who refuses to comply with a district requirement for participation in academic improvement activities shall be subject to the same disciplinary actions as for other acts of absenteeism or truancy.

(g) Those students administered alternate assessments pursuant to § 151(f) of this title shall not be subject to the provisions of subsection (d) of this section.

(h) The Department shall promulgate rules and regulations to ensure the proper administration of the assessment pursuant to § 151 of this title. Such rules and regulations shall ensure that assessments are administered in accordance with security procedures which guarantee the validity of the results of such assessments.

(i) The Department shall promulgate rules and regulations to implement this section.

71 Del. Laws, c. 399, §  1;  72 Del. Laws, c. 294, §§  57-59;  72 Del. Laws, c. 309, §  1;  73 Del. Laws, c. 44, §§  5-8;  73 Del. Laws, c. 257, §§  1, 2, 3;  73 Del. Laws, c. 321, §  14;  74 Del. Laws, c. 167, §§  1-5;  75 Del. Laws, c. 305, §§  2-8;  77 Del. Laws, c. 431, §  16;  78 Del. Laws, c. 53, §§  6-15;  83 Del. Laws, c. 413, § 4; 

(a) The Department shall create a program to provide the public with objective information about the academic performance of all Delaware public schools, including charter schools, through the Education Profiles required pursuant to § 124A of this title. The program shall classify schools based on the performance of their student bodies on the assessments administered pursuant to § 151(b) and (c) of this title, as well as other criteria as established by the Department of Education regulations pursuant to subsection (b) of this section. The Department shall classify schools by utilizing 3 ratings of school performance to be known as “Superior Performance,” “Commendable Performance,” and “Academic Watch.” A public school may additionally be identified as “Under Improvement” pursuant to criteria of the Federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq.

(b) The Department shall establish criteria for the determination of whether a school is eligible for recognition, or subject to improvement and accountability activities. For the purposes of this section, a school may be defined as an aggregate of grade levels or, an actual facility. 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. § 6301 et seq.

(c) 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.

(d) The Department shall develop a program to improve and hold accountable those schools identified as “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. § 6301 et seq. and “Under Improvement”.

(e) The Department, with the consent of the State Board of Education, shall promulgate rules and regulations to implement this section; however any such rule or regulation related to collective bargaining shall be written consistent with the authority of the Public Employment Relations Board as that authority is established in Chapter 40 of this title.

71 Del. Laws, c. 399, §  1;  72 Del. Laws, c. 294, §§  51, 52;  73 Del. Laws, c. 54, §§  1-15;  74 Del. Laws, c. 28, §§  2-11;  74 Del. Laws, c. 68, §  291(b);  78 Del. Laws, c. 53, §§  16, 17;  80 Del. Laws, c. 163, §  1; 

(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 3 ratings of district performance to be known as “Superior Performance,” “Commendable Performance,” and “Academic Watch.” A school district may additionally be identified as “Under Improvement” pursuant to criteria of the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq.

(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. § 6301 et seq.

(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.

(d) The Department shall develop a program to improve and hold accountable those school districts identified as “Academic Watch” and “Under Improvement.” 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. § 6301 et seq.

(e) The Department, with the consent of the State Board of Education, shall promulgate rules and regulations to implement this section; however any such rule or regulation related to collective bargaining shall be written consistent with the authority of the Public Employment Relations Board as that authority is established in Chapter 40 of this title.

71 Del. Laws, c. 399, §  1;  73 Del. Laws, c. 54, §§  16-22;  74 Del. Laws, c. 28, §§  12-17;  74 Del. Laws, c. 307, §  327(b);  78 Del. Laws, c. 53, §§  18, 19, 21;  80 Del. Laws, c. 163, §  2; 

(a) An effectively functioning Department of Education should serve as a critical support structure for the entire Public Education system. In order to meet this challenge, the Department shall fully implement its leadership and service missions by committing itself to high standards of quality assurance and quality management practices. In order to ensure that the Department will remain focused on the principles of continuous quality improvement and client service and that it will do so in accordance with recognized national and/or international standards, the Secretary shall commission an independent entity to conduct and publish an annual customer satisfaction report to determine the level of satisfaction among education constituencies dependent on Department of Education services and policies. Such survey shall seek the views of local school boards, school administrators, teachers, parent organizations, the business community and other relevant constituencies. To further improve the performance of the Department of Education, the Secretary shall pursue the active involvement of the business community in reviewing management practices in the Department, such as the Department’s success in deregulation, the quality of Department’s strategic plan and the Department’s success in meeting its strategic objectives, and the quality and cost-effectiveness of the technical assistance provided by the Department to local school districts. The report shall be submitted to the Governor 45 days before public distribution so that the Governor may take appropriate action based on its recommendations.

(b) The Department shall provide each school and school district high-quality diagnostic data analyzing the specific strengths and weaknesses of student performance within the school district, which is both user-friendly and timely in accordance with the timelines specific in this subchapter for the commencement of school and district improvement activities.

(c) Beginning in the year 2001, the Secretary of Education shall submit to the Governor and the General Assembly each year an annual education outcome report. The report must be based on the unit count taken in September of the school year immediately preceding the annual reporting date and must contain the following information:

(1) The number of students enrolled in twelfth grade, based on the September unit count;

(2) The number of those students still enrolled at the close of the school year who receive a high school diploma and the type of diploma received;

(3) The number of those students still enrolled at the close of the school year who complete twelfth grade, but do not receive a high school diploma;

(4) The number of those students who, by the close of the school year, have dropped out of school; and

(5) The number of those students who, by the close of the school year, transferred to other schools.

(d) Each year the Secretary shall conduct a graduate follow-up study of students who completed the twelfth grade during the preceding school year to determine the educational and employment status of each student. The survey shall request information regarding the postsecondary education enrollment status and the employment status of students and shall, at a minimum, include the following questions:

(1) a. Is the student presently enrolled in a postsecondary educational institution of any type?

b. Is the student enrolled full-time or part-time?

c. What is the student’s major area of study?

d. What is the name of the institution in which the student is enrolled?

(2) a. Is the student presently employed?

b. Is the student employed full-time or part-time?

c. The name and address of the student’s employer?

d. In what industry is the student employed?

e. What position does the student hold?

f. What is the student’s hourly/weekly/annual salary?

(3) What is the student’s perception of the value of that student’s own secondary education in terms of preparation for postsecondary education or employment?

(e) For the purpose of performing a comparative longitudinal analysis of the information collected for an annual educational outcome report, the Secretary shall compile similar information about students who graduated in 1998 and 1999, and shall use the 1998 information as the basis for all comparisons. The goal of educational outcome accountability is to decrease the 2.9% 1998 Delaware public school dropout rate for grade 12, as published in the Department of Education report entitled Delaware Dropouts, 1997-1998 Summary Statistics, December 1998.

(f) Nothing in this section prohibits the Department of Education from conducting a more comprehensive survey and/or evaluation for the annual educational outcome report.

71 Del. Laws, c. 399, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 430, §  1;  74 Del. Laws, c. 28, §§  18-21; 

(a) There is no adequate substitute for the involvement of a concerned and committed family in the education of a child. The State therefore endeavors to encourage parents and families to become involved in the education of their children and to operate a system of public schools which welcomes and fosters such positive involvement by parents and families.

(b) Among the most important elements of effective parental and family involvement in education are: communication—regular, 2-way, meaningful communications between parents and schools; effective parenting skills—the exercise by parents of good parenting skills for the benefit of their children and the fostering of such skills by public schools; parental involvement in student learning—parents play an integral role in student learning and emphasize the importance of education, and schools assist parents in these endeavors; volunteerism—parents are welcomed by schools, and commit themselves to providing support to their children’s schools as volunteers; school based decisionmaking—parents involve themselves in the educational decisionmaking process at the school and district level and are welcomed in that role by schools; collaboration with the community—parents and schools work together to strengthen the connection between families, schools and community resources such as nonprofit organizations, business and religious institutions.

(c) The Department of Education shall work with the Delaware State Congress of Parents and Teachers to promulgate and maintain in current form a Parents’ Declaration of Responsibilities reflecting the elements set forth in subsection (b) of this section and such other elements of effective parental and family involvement as the Department identifies. Such Declaration shall identify responsibilities for parents and families, as well as the responsibilities the public schools have to help parents meet such responsibilities.

(d) The Department of Education shall encourage local school districts and schools to adopt the Parents’ Declaration of Responsibilities as local policy and to encourage parents at the beginning of each school year to execute an agreement to commit themselves to carry out, to the best of their abilities, the responsibilities outlined in the Declaration.

71 Del. Laws, c. 399, §  1; 

(a) As used in this section:

(1) “Literacy intervention approaches” means evidence-based, specialized reading, writing, and spelling instruction that is systematic and explicit and intensified based on the needs of the student. Dyslexia-specific intervention approaches may require greater intensity, such as smaller groups, increased frequency of instruction, and individualized progression through steps, than typical evidence-based reading instruction.

(2) “Universal reading screener” means a tool used as part of a multi-tiered system of support to determine if a student is at risk for developing reading difficulties and the need for intervention and to evaluate the effectiveness of core curriculum as an outcome measure. A universal reading screener must do all of the following:

a. Measure, at a minimum, phonemic awareness, phonological awareness, symbol recognition, alphabet knowledge, decoding and encoding skills, fluency, and comprehension.

b. Identify students who have a potential reading deficiency, including identifying students with characteristics of dyslexia.

(b) (1) Beginning July 1, 2023, a district or charter school shall screen each student enrolled in kindergarten through third grade 3 times a year for reading competency using a universal reading screener chosen from the list of aligned universal reading screeners maintained by the Department of Education (Department). The results of the screening and any intervention approaches being implemented shall be communicated in writing to each student’s parent or guardian, either through inclusion in existing periodic progress reports or report cards, or otherwise. A district or charter school shall provide educators time during the contractual day to complete data entry and compilation associated with the screener, to communicate with families, and any other responsibility as outlined in this section. A district or charter school shall provide coverage for instruction or student support when the educator is meeting the responsibilities outlined in this section.

(2) Beginning July 1, 2024, districts and charter schools shall provide 1 or more literacy interventions from the list of aligned literacy intervention approaches maintained by the Department for each student or group of students identified with a potential reading deficiency.

(c) The Department, in consultation with curriculum and special education supervisors from local education agencies, elementary school teachers, and elementary special education teachers, shall develop, maintain, and publish a list of universal reading screeners and a list of literacy intervention approaches that are aligned with the essential components of evidence-based reading instruction listed under § 1280(c)(3) of this title. Initial publication of the lists must occur by December 1, 2022.

(1) In determining which universal reading screeners to include on the list, the Department shall also consider the following factors:

a. The time required to conduct the screening, with the intention of minimizing impact on instructional time.

b. The timeliness in reporting screening results to teachers, administrators, and parents.

c. The integration of assessment and instruction the screener provides, including the ability to provide progress-monitoring capabilities and a diagnostic tool to support teachers or a progress-monitoring team with targeted instruction based on student needs.

d. Screening, diagnostic assessment, and progress-monitoring processes shall be aligned with multi-tiered system of support procedures and tools should be norm-referenced, criterion-referenced, or curriculum-based as appropriate.

(2) The Department shall include with its list of aligned universal reading screeners and literacy intervention approaches, an explanation of how these screeners and interventions were selected, including consultation with national expert organizations and the evidence base as demonstrated by the National Center on Intensive Intervention or similar validated research.

(3) The Department shall provide professional learning on reading screening and literacy intervention approaches at no cost which shall be provided during the contractual day.

(d) Beginning in 2023, each school district and charter school shall report annually to the Department, on or before October 31, the number and percentage of students, disaggregated by grade and by individual school, identified with a potential reading deficiency, including characteristics of dyslexia, pursuant to the screening mandated in subsection (b) of this section, and the literacy intervention approaches being provided.

(e) Beginning in 2023, on or before December 31, the Department shall annually compile the information received from districts and charters under subsection (d) of this section and deliver a comprehensive report to the State Board of Education, the Governor, the Chairs of the Education Committees of the Senate and House of Representatives, the Director and the Librarian of the Division of Legislative Services, and the Delaware Public Archives. The report must also be available to the public on the Department’s website.

83 Del. Laws, c. 416, § 1;  84 Del. Laws, c. 255, § 9; 

(a) Notwithstanding any statute, rule or regulation to the contrary, the Department shall provide for the awarding of a state high school diploma to any veteran who:

(1) Left a Delaware school prior to graduation in order to serve in the armed forces of the United States;

(2) Did not receive a Delaware high school diploma, or received a G.E.D., as a consequence of such service; and

(3) Was discharged from the armed services under honorable conditions.

(b) The Department and the Delaware Commission of Veterans Affairs shall jointly promulgate rules, regulations and guidelines for the identification of eligible veterans and for the awarding of diplomas pursuant to this subsection, which shall include posthumous awards.

(c) For purposes of this section, “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.

73 Del. Laws, c. 23, §  1;  81 Del. Laws, c. 90, § 1;