Delaware DOE Breaks Federal Law By Sneaking In Amendment To ESEA Waiver Without Public Notice

The mischievous and law-breaking Delaware Department of Education actually snuck in an amendment to their ESEA Flexibility Waiver without notifying the public at all.  As required by Federal law, any changes to a state’s ESEA Flexibility Waiver MUST have a public announcement indicating the proposed change.  As well, there is a public comment period required where anyone can comment based on the public announcement.  But as usual, the Delaware DOE does as they see fit and continue to break laws with no oversight or accountability…

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I just found this on their website today.  I love how they include in their document to US DOE that they are attaching the pages in their ESEA waiver with red-lined parts where this amendment would change their waiver, but don’t have a link for the public to see this change.  And let’s be honest, this change wasn’t brought forth because of parents clamoring for it.  It was brought forth because the Delaware DOE was wetting their pants over how many juniors opted out last year!  It also references the February 19th, 2016 redline of the US DOE approved ESEA Waiver request, but no document is listed on the page anywhere.  So what does this mysterious document even say?

In regards to the other ESEA waiver the Delaware DOE is asking for public comment on, nothing is listed on the ESEA portion of the Delaware DOE website.  But the ironic part about that ESEA waiver is US DOE told Delaware DOE not to worry about having the DESS Advisory Committee comment on it, even though that is required by law.  So we have US DOE telling us to break the law and don’t worry about it, but they want us to submit this ESEA waiver even though it will be null and void as of August 1, 2017 when ESSA (Every Student Succeeds Act) goes into effect.  Or will it?  We won’t know until the regulations come out in the coming months.  I see this as a way for US Secretary of Education John King to continue the legacy of Arne Duncan by essentially bribing states with these waiver schemes.  And of course all this comes out after the Senate confirms the snake.

I was at the December State Board of Education where there was an “open discussion”.  Secretary Godowsky said something to the effect of “We are excited to make this change and I think we will have an announcement very soon.”  An “open discussion” would indicate the public was allowed to comment on this during this exchange.  That was not the case.  You can listen to the audio here.  Godowsky did mention many things would need to be ironed out with US DOE during this “open discussion”.  By submitting this ESEA flexibility waiver on March 29th, 2016, three months after Governor Markell and Godowsky announced the switch, how is that ironing things out?

As well, all the prior “stakeholder feedback” was meant to discuss the possibility of the issue.  That should NOT be counted as official public comment required under ESEA law.  But this is the Delaware DOE and the US DOE who bend and shape the laws to their own benefit.  And our Delaware legislators and US legislators just sit back and let it happen.  Wasn’t the whole point of ESSA to stop the US DOE from pulling this kind of crap?  And here we are in Delaware with not one, but two ESEA waivers with very questionable legality issues surrounding both of them.

And what exactly is going on with the DESS Advisory Committee?  Did they cancel them as a group since ESEA was going to be eliminated soon anyways?  But based on that line of thought we shouldn’t be submitting anything regarding ESEA.  Or is this just another way to try to get the feds to approve Delaware’s cockamamie opt out penalty into the Delaware School Success Framework?  Since they didn’t approve that based on their  November resubmission of the ESEA waiver request as a condition of their July approval of the ESEA waiver request because of ESSA.  Are you as confused as I am?  My head is spinning…

WTH

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