Opt-Out Heats Up Again During Arctic Chill

Here we go again!  The opt-out movement is back!  And smack dab in the middle of it all is Delaware’s 62 legislators in the House and Senate.  Matthew Albright with the News Journal wrote about the Veto Override of House Bill 50.  There are some great quotes in here… and then there is Earl…

“If you’re a Democrat, and the governor’s a Democrat, you have to think long and hard, ‘Do I want to override my governor?” said Rep. Earl Jaques, D-Glasgow, chairman of the House Education Committee. “It has to be a really big issue for you to do that.”

Jaques was one of five representatives who voted against House Bill 50. He says parents already have the right to opt out, so he doesn’t understand the need for a new law.

Earl, Earl, Earl… when are you going to get what this is all about?  I’ve already put Earl in the no column on this.  I don’t expect him to change his vote at all.  There is no law when it comes to parents opting out, thus House Bill 50!!!  It protects the parents, but it is more than obvious Earl wants to side with the Governor.  Luckily, State Rep. John Kowalko is able to comment on this insanity with a breath of fresh air”

“If it’s a good policy, you voted for it because it’s a good policy,” Kowalko said. “That policy does not change its makeup just because the governor has decided that he doesn’t like it. If we start considering another branch of government as dictating to us how our decisions should be made, we are seriously compromising our rights as an independent body.”

State Rep. Mike Ramone is once again thinking this is all about the amount of testing kids take.  Mike, I’m going to tell you right now I have never once heard from any parent about any other test but the Smarter Balanced Assessment.  Parents don’t want to opt out of any other test but the Smarter Balanced.  Once again, those who are pro “assessment inventory” are missing some basic facts.  When DCAS was around, it was taken two to three times a year depending on how the students did on the first Spring test.  If they didn’t hit proficiency, they had to take it again.  That’s when parents were talking about “too much testing”.  But what happens when we do get rid of the assessments that do matter in favor of SBAC and the interim assessments that accompany it?  Then you will have opt-out and NO assessments that give good feedback.  I am not anti-assessment.  Like the PTA, I support assessments that give timely feedback with a validated test.    I already gave my predictions on the final results for the Assessment Inventory Committee.  But Ramone… does he realize what House Bill 50 actually is?

Ramone also said he wants to see a statewide process for opting out, since the current rules are a patchwork of district-by district rules.

A statewide process for opting out?  It’s called House Bill 50.  It specifically states when schools would receive letters from parents and that students who are opted out need to receive another form of instruction.  Does he want us to do it through the DOE?  That would be a never-ending nightmare!  Let’s not muddy the waters any more Mike.  House Bill 50 is what it is.  You are either for parental rights or you’re not.  At the end of the day, this is what it all boils down to.  Something Delaware PTA President Dr. Terri Hodges agrees with:

“The message we’re trying to send is that parents and teachers and the community have spoken,” said Terri Hodges, the PTA’s president. “We are hoping our legislators honor the will of the people and follow their original vote.”

I am already hearing the DOE is talking about Smarter Balanced results coming in before kids leave school for summer.  I saw that one coming a mile away!  This will be another one of their attempts to dissuade legislators from voting for the override.  “Look, parents said they wanted quicker feedback.  We’re going to make that happen.”  But no matter when the results come in, we have to face facts.  The Smarter Balanced Assessment is a BAD test.  Period.  I am all for getting rid of SBAC for high school juniors.  But I am also for getting rid of it for ALL Delaware students. Until that happens, parents will opt out, and there isn’t a damn thing anyone can do about it.  Yes, the legislators do need to look at the reasons why.  I won’t disagree with that.  But talking about it doesn’t do anything for parents.  The legislators who voted for the Smarter Balanced Assessment knew there were issues with it.  But they voted it in anyways.  This is the consequence of that action.  Yes, Murphy already bought the test.  We all know that.  But look at the results.  Has it changed anything for our students?  Not really.  It has brought disruption and chaos to our children’s education.  The only ones who support this assessment are the very ones who seem to profit, whether financially or through an illusion of success by having “great scores”.

As for the infamous letter the ten Democrats sent Governor Markell about the SAT replacing the Smarter Balanced Assessment, this is NOT their idea.  The Delaware DOE has been talking about this publicly since last May.  The College Board is redesigning the SAT to be more like the Smarter Balanced and make it all about the Common Core.  So guess what, it’s not like it will be that much of an improvement.  Can’t wait to see those SAT scores on top of Delaware’s already horrible scores.

This is a bill that comes down to basic and fundamental parental rights.  Meanwhile, over 200 parents have already signed the Delaware PTA Petition.  More will sign as well before it is all said and done.  This is a battle parents aren’t giving up on.  We won’t stop until our rights are protected.  I am frankly shocked that some legislators would rather see parents fighting with schools than overriding a ridiculous veto by a Governor who is so entrenched in corporate education reform he can’t see the forest from the trees.

Leftover Legislation That Needs To Pass Between Now And June In Delaware

The following are bills that, for one reason or another, did not become law by the end of the first part of the 148th General Assembly.  All of these education bills need to happen!  Priority is top down on this list!  I did not include House Bill 50 on this list since that is not leftover legislation since it got the veto, but it will become a major issue in Legislative Hall when it comes up for a veto override!

I updated this article tonight to include the primary sponsors of each bill.  It is good to know which legislator wrote the bill and who to go to if you have questions or concerns about them.

House Bill #30: “This bill provides State funding to kindergarten through third grade for basic special education. State funding already occurs for intensive and complex special education during these grades. Currently the basic special education funding runs from fourth through twelfth grade. This bill is an effort to promote earlier identification and assistance for basic special education needs which should then mitigate costs over the long term.” Status: Released from House Education Committee 3/25/15, Assigned to House Appropriations Committee 3/26/15, Sponsor: State Rep. Kim Williams

House Bill #117: This Act will create a funding source for students enrolled in Delaware public schools who are determined as low-income according to the Department of Education. This funding source will be in addition to the normal enrollment based funding provided to school districts and charter schools. The low-income unit will provide one unit of funding for every 250 low-income students in grades K-12 where the funding can be used for such purposes as providing additional teachers and paraprofessionals for classroom instruction; additional counselors, school psychologists, social workers, and intervention specialists; Response to Intervention Services; and before and after school programs providing homework assistance, and for support for English language learners. To ensure the low-income resources reach the schools where they are most needed, this Act requires that at least 98% of the units be directed towards the schools that generate the funding unless otherwise waived by a local board of education during a public meeting.” Status: Tabled in House Education Committee 5/13/15, Released from House Education Committee 6/3/15, Assigned to House Appropriations Committee 6/18/15, Sponsor: State Rep. Debra Heffernan

House Bill 186: “Currently, all school districts, including vocational schools, are subject to the Auditor of Accounts. Edits to the November 2010 Charter School Manual removed instructions for charter schools to go through Auditor of Accounts when contracting for audits. There is presently no legislative authority to require charter schools to submit to the Auditor of Accounts processes. This bill adds charter schools to the list of entities for audits through the Auditor of Accounts. The bill takes effect so that the Auditor of Accounts shall conduct postaudits for the time periods starting on or after July 1, 2015.” Status: Passed House 6/30/15, Assigned to Senate Education Committee 7/15/15, Sponsor: State Rep. Kim Williams

Senate Bill #92: “Delaware Code Title 14§1332 addresses the Program for Children with Autism and its “Special Staff.” Enacted nearly three decades ago, these regulations established a network of educational programs initially within a separate school structure known as The Delaware Autism Program (DAP). Today, this network continues as a combination of both separate school programs and within local school district support services. In addition, the code designates a Statewide Director who primarily has provided direction, training, and technical assistance within the DAP. However, current practices in special education, especially regarding inclusive education and parents’ desire to have their children educated within their local communities, seem to be incongruent with this older model of service delivery. In addition, the magnitude of the increase in students identified with ASD has clearly created difficulty for the Statewide Director to provide the level of services/support that once was offered. Therefore, the recommended code changes also revise the concept of DAP toward a system in which the Statewide Director would work in collaboration with a team of experts to provide technical assistance and training to districts and educational entities. This recommendation reconstitutes the regulations to neutralize the distinction between DAP approved programs and other in-district options, thereby, allowing and providing adequate resources to serve on behalf of all student with ASD in Delaware. The number of technical/ training experts has been identified as one expert per 100 students statewide. It is suggested that the fiscal mechanism to support these changes should be through mandated district participation that is congruent with the current needs based funding system in Delaware. Lastly, the current mandatory committee structure is enhanced to include a Parent Advisory Committee, in addition to the Peer Review Committee and Statewide Monitoring Review board. These changes include articulation of the qualifications and duties of the Statewide Director for Students with ASD; the addition of a technical assistance team of educational autism specialists numbering a ratio of 1 for every 100 students (currently estimated at 15 positions); and the further clarification / additions to the committee structure for family input, monitoring, and protections under human rights. This recommendation recognizes and supports the need for specialized technical assistance and training staff to be available to build capacity for teachers in all districts and other programs educating students with ASD. These changes essentially expand available supports so that excellent, evidence-based training and technical assistance can be made available to all Delaware schools and the students within them.” Status: Released from Senate Education Committee 6/3/15, On Senate Ready List, Sponsor: Senator Margaret Rose Henry

Senate Bill #93: “This bill establishes an Interagency Committee on Autism and the Delaware Network for Excellence in Autism.  Among other things, the Interagency Committee on Autism is charged with a) utilizing evidence-based practices and programs to improve outcomes for people living with Autism Spectrum Disorders (ASD) and related developmental disabilities in Delaware by sharing information, initiatives, data and communications among both public and private agencies providing services and supports for individuals and families affected by Autism Spectrum Disorders in the State of Delaware; and b) implementing the recommendations outlined in the 2013 Delaware Strategic Plan entitled “Blueprint for Collective Action: Final Report of the Delaware Strategic Plan to Improve Services and Supports for Individuals with Autism Spectrum Disorder.”  The Delaware Network for Excellence in Autism is to provide a resource for training and technical assistance for Delaware state agencies, organizations and other private entities operating in the State of Delaware that provide services and support to individuals and families affected by Autism Spectrum Disorders.  The Network is to support the operations of the Interagency Committee on Autism through the maintenance of the website, maintenance of reports created by the Interagency Committee on Autism and maintenance of meeting minutes, as well as other support as needed by the Interagency Committee on Autism.” Status: Released from Senate Education Committee 6/3/15, On Senate Ready List, Sponsor: Senator Margaret Rose Henry

House Bill #61: “This bill requires that all public meetings of the boards of education of public school districts, vo-tech school districts, and public meetings of charter schools’ boards of directors be digitally recorded and made available to the public on the districts’ and charter schools’ websites within seven business days. The recordings will not be considered the official board minutes.
Currently the Red Clay Consolidated School District, Christina School District, and the Capital School District on a voluntary basis approved by their boards of education have been providing the public digital recordings of their board public session meetings via the district’s websites.
The Delaware State Board of Education is required by the State Board of Education to make available within one business day digital recordings of its board meetings on the Delaware Department of Education’s website.” Status: Released from House Education Committee 5/6/15, on House Ready List, Sponsor: State Rep. Deb Hudson

House Bill 28: “Absent an agreement with the school district, charter schools are currently able to retain any funding received for the fiscal year for a student who transfers mid-year from the charter school to a school district. This bill mandates that, if a student transfers from a charter school to a school district after September 30th, such funds will be prorated between the charter school and the school district where the student is then enrolled.” Status: Assigned to House Education Committee 1/22/15, Sponsor: State Rep. Kim Williams

House Bill #34: “This bill will allow a local school district board to delay new or changed rules, regulations, or administrative procedures from becoming effective during a school year once the school year has started. This will allow the rules, regulations, and procedures to be consistent for the whole school year.” With HA #1 and 2: “This amendment allows the Department of Education to make changes to rules, regulations, or administrative procedures if required to do so by law or if necessary to address an emergency situation, public health, or safety matter. It further defines the terms administrative procedure.”  Status: Passed House 6/30/15, Assigned to Senate Education Committee 6/30/15, Sponsor: State Rep. Jeffrey Spiegelman

House Bill 173: “The Department of Education often implements policies and educational requirements based upon directives issued by the United States Department of Education. This Bill will require that any directive received by the Department of Education from the Federal Government be automatically disclosed on the Department of Education website without the necessity for making a Freedom of Information Request.” Status: Assigned to House Education Committee 6/10/15, Sponsor: State Rep. Richard Collins

House Bill #107: “This bill articulates the principle that local school districts and school boards should have the authority to select their own leaders and staff from a pool of qualified applicants. These are decisions best left at the local level rather than imposed by a central authority.” Status: Assigned to House Education Committee 4/23/15, State Rep. Kim Williams

To see all the education legislation that passed, got left behind, was stricken or is just floating out there, please go to the Education Legislation tab at the top of this page, below the title of this blog.

Guide To The Delaware General Assembly, Legislation & Committees

The Delaware 148th General Assembly returns to legislative session on January 12th, 2016.  The General Assembly meets in public Tuesdays to Thursdays from the 2nd Tuesday in January until June 30th (or whenever the State Budget passes).  The General Assembly is divided into two houses: The House of Representatives which has 41 State Representatives and the Senate, with 21 State Senators.

The House of Representatives:

Speaker of the House: Pete Schwartzkopf, House Majority Leader: Valerie Longhurst, House Majority Whip: John Viola, House Minority Leader: Daniel Short, House Minority Whip: Deb Hudson

House Committees: Agriculture, Appropriations, Capital Infrastructure, Corrections, Economic Development/Banking/Insurance/Commerce, Education, Energy, Ethics, Gaming & Parimutuels, Health & Human Development, House Administration, House Rules, Housing & Community Affairs, Joint Finance, Judiciary, Labor, Manufactured Housing, Natural Resources, Public Safety & Homeland Security, Revenue & Finance, Sunset Committee (Policy Analysis & Government Accountability), Telecommunication Internet & Technology, Transportation/Land Use and Infrastructure, Veterans Affairs

The Senate:

President Pro Tempore: Patricia Blevins, Senate Majority Leader: David McBride, Senate Majority Whip: Margaret Rose Henry, Senate Minority Leader: Gary Simpson, Senate Majority Whip: Greg Lavelle, *normally, the Lieutenant Governor is the President of the Senate but since there is no Lieutenant Governor since Matt Denn became the Attorney General, the President Pro Tempore holds the function.

Senate Committees: Administrative Services/Elections, Adult & Juvenile Corrections, Agriculture, Banking and Business, Bond, Children Youth & Families, Community/County Affairs, Education, Energy & Transit, Ethics, Executive, Finance, Health & Social Services, Highways & Transportation, Insurance & Telecommunications, Judiciary, Labor & Industrial Relations, Legislative Council, Natural Resources & Environmental Control, Permanent Rules, Public Safety, Sunset, Veterans Affairs

Bill Process:

The below chart as shown on the General Assembly website, shows what happens when a bill is introduced.  Prior to a bill being filed, a State Representative of the House or a State Senator writes a bill.  They send it out to their fellow legislators for sponsorship.  It is very typical to see a bill co-sponsored by a House Rep. and a Senator.  But wherever the bill originates from this is the chamber it is heard in first.

Other Legislation:

The House and Senate both have Resolutions, Concurrent Resolutions, and Joint Resolutions.  A resolution refers to a matter within either the House or the Senate, not both.  A concurrent resolution is not statutory, meaning it does not change anything in the law.  For example, the Senate in the 147th General Assembly passed Senate Concurrent Resolution #63, which created the IEP Task Force.  The House had to approve it as well, but it didn’t have legislative power in that the task force created from it could create law.  They recommended different things which then became Senate Bill 33 in the 148th General Assembly.  A Joint Resolution has to be signed by the Governor once it passes both chambers.  As per the General Assembly website, “a joint resolution is not a law but is used to employ temporary measures and has the force of law while in effect.”  A recent example of this would be the Senate Joint Resolution #2 Assessment Inventory Committee.  The Senate handles Nominations.  These are typically nominations from the Governor.  It could be for committees outside of Legislative Hall, or even a Cabinet position, like the nomination hearing for Dr. Steven Godowsky at the end of October when he became the Secretary of Education for Delaware.  It can be very typical to see the Senate reconvening during their “off time” for a set of nominations.

Many bills are introduced, get assigned to a committee, and they just sit there.  Nothing happens with them.  Or it could be released from committee and goes on what is called the “ready list”, meaning the full chamber can vote on it.  But before the vote, it has to be put on the agenda, and either the Speaker of the House or the President Pro Tempore for the Senate holds the power to determine what gets put on the agenda and what doesn’t.

Most committees meet on Wednesdays, but some do meet on Tuesdays or Thursdays.  Committee meetings are open to the public and you do have the ability to give public comment in most situations.  The House releases minutes of their committee meetings but the Senate does not.  In the Senate as well, committee members do not have to be present at a meeting to release legislation from committee.  For both chambers, there is no set time for committee meetings each week.  The only requirement for public notice is for these meetings to have an agenda at least five days prior to the committee meeting and  list of which legislation is going to be discussed.  That is not always a guarantee the legislation will be heard in that committee meeting, which happened with House Bill 50 last year in the Senate Education Committee.  It was heard a week later, but there was also a very full docket of bills on the first agenda.  In terms of education legislation and committee meetings, I will be posting all of that on here, along with agendas and meeting times.  But for other committees you may be interested in I strongly suggest bookmarking the General Assembly website.

For the most part, the voting action by the full House or Senate takes place on Tuesdays and Thursdays.  The typical day consists of both chambers opening up at 2pm.  This is open to the public, and this is where you will see House or Senate business discussion as well as “honorary” legislation.  As an example, House Concurrent Resolution #36 recognized Tourette Syndrome Awareness month.  When this part of the session ends, the House and Senate go into Caucus.  This is driven by the political party so the Democrats go to their caucus and the Republicans to their own.  Typically, the legislators return to session at 4pm, and this is where legislation on the Agenda gets a vote.  The public can attend but they are not allowed to speak to the legislators once the session begins until either a recess or termination of the session.

In my experience at Legislative Hall, I have found all of the legislators to be nice people.  They are all friendly and responsive to the public.  Even the ones you may be at odds with over issues.  They are also insanely busy, exponentially so as the months go by.  The best way to get your concerns out is to contact your district State Representative or Senator, but I talk to a lot of legislators not in my district.  If you go to the top of the stairs at Legislative Hall, you will see chairs in the lobby.  This is where you see a lot of folks dressed very nice, usually huddled in conversation or very quiet, just waiting.  These are the lobbyists.  Their job is to sway votes for certain issues for their bosses.  There is no easier way to put it.

If there is certain legislation you may want to see, understand a State Rep. or Senator most likely isn’t going to just jump on it.  My best advice would be to get others involved who may want to see the same type of legislation and have them contact the legislators in your district.  Your chances are better if your issue becomes their issue.  That doesn’t always happen with one voice, but several.  If, for some reason, you don’t feel your district legislators are responding, it may help to reach out to another legislator.  It is a very tricky process.  I would present your collective idea with research to back it up and make sure it is something that could be done without changing the Delaware Constitution.  Legislation stating Delaware would now have three Governors or five chambers in Legislative Hall just isn’t going to happen!

The General Assembly works in two year blocks of time.  We are entering the second half of the 148th General Assembly, so any legislation that doesn’t pass or doesn’t receive a vote by June 30th is dead.  Any legislation still active or pending from the first half of the 148th General Assembly is still alive, even though the legislators were in recess (with a few exceptions) for six months.  In 2017, the 149th General Assembly will begin, which will run until 6/30/18.  The entire House of Representatives is up for re-election every two years.  Senators typically have four-year terms.  This year, 11 out of the 21 Senators are up for re-election.

Getting involved in the legislative process is not as hard as it seems.  Your voice is important.  Find other voices that feel the same and let them be heard.  Showing up in person is usually the best, but emails, phone calls, and Social Media are just as important.