When Delaware State Senator Brian Bushweller decided not to run for reelection in 2018, people started showing interest in the vacancy. Within a couple of months, Donyale Hall put her hat in the ring for the 17th Senate District. The Republican hails from south Dover and has made impressive headway with her campaign in a short time. She could be facing a primary against fellow GOP member Justin King, the mayor of Camden, DE. Which would bring her to a General Election against the only Democrat who has filed: Trey Paradee, currently the State Rep. for the 29th House District. Continue reading
The Delaware Senate passed a bill dealing with the Freedom of Information Act on Wednesday but placed an amendment on the bill. The amendment on Senate Bill 258 removes the terms “data dictionaries” and “file layouts”. By including those terms in the potential law, it would essentially prevent parents from finding out what type of student information is going to outside companies from the Delaware Department of Education. I wrote about this bill on May 19th in a very long article about student data privacy and technology in our schools. I emailed the entire Senate at the same time. As a result of my efforts, an amendment was attached to the bill removing the term “data dictionaries” and “file layouts”.
Sources informed me the state was receiving an abnormal amount of requests about the state IT infrastructure which caused much concern. While it is not unusual to receive these requests, one source who requested anonymity stated, “It was an excessive amount of requests within a short period of time. Red flags went up!”
By preventing parents from being able to find out this kind of information regarding student data, the bill could have violated the Family Educational Rights and Privacy Act (FERPA). As part of FERPA, parents do have certain rights in asking for information about what records are released about their child. I am glad the Delaware Senate Executive Committee took this step and listened to my concern. I’m not sure if others expressed the same concern, but if they did, thank you! A special thank you to the sponsor of this legislation, State Senator Brian Bushweller, who immediately responded to my thoughts on the matter and took action.
Google describes data dictionaries as the following:
a set of information describing the contents, format, and structure of a database and the relationship between its elements, used to control access to and manipulation of the database.
Apparently there was a Delaware Senate Bill submitted on July 15th that I didn’t know about. I found out because the House has a pre-filing day today so I thought I would check the Senate Side. House Bill 165 would drastically change things with school district referendums. Instead of a district having more than one referendum in a year, all school districts would have their referendum on the 2nd Tuesday of May. This is also the same day when school board elections take place. As for those school board elections, instead of having them at schools, they would take place through the US Mail system. This bill is sponsored by Senator Karen Peterson and State Reps Michael Ramone and Deborah Hudson. Co-sponsors are Senators Brian Bushweller and Margaret Rose-Henry and State Rep. Stephanie Bolden. I assume a lot of this is in reaction to the Red Clay referendum last winter which is also part of a lawsuit. To read the legislation, please see below:
House Bill 50 is waiting. No action has been taken by Delaware Governor Jack Markell on the parent opt-out legislation. Matt Albright with the News Journal spoke with Jonathan Dworkin, the spokesman for Governor Markell, and wrote yesterday:
“Markell has not asked for H.B. 50 to be delivered to his desk yet, Dworkin said. Once he receives the bill, he has 10 days to veto it; if he doesn’t, it becomes law with or without his signature.
That means the Legislature would have to wait for a veto override vote until next year unless they call a special session, which is unlikely.”
I checked Delaware state code, and found the following:
“Section 18. Every bill which shall have passed both Houses of the General Assembly shall, before it becomes law, be presented to the Governor;”
The key part concerning this seems to be “presented to the Governor”. Whose job is it to present a bill to Markell? The last place House Bill 50 sat in was the Delaware Senate and they passed the bill a week ago today. I contacted Markell’s office, and they indicated he has ten days to take action on a bill, but when I asked specifically about the bill being “presented”, they did not have an answer but did indicate they would check on that aspect as well as the status of the bill and would get back to me either later today or Monday since their offices are closed tomorrow.
Meanwhile, other education bills passed both the Delaware House and Senate and are also awaiting a signature from Markell. In no short order:
House Bill 91, passed 7/1, Sponsor: Rep. Sean Matthews, Synopsis: This bill involves the public school immunization program. Currently, the Affidavit of Religious Belief does not expressly alert parents or guardians who file for the religious exemption from the program that the child will be temporarily excluded from school in the event of an epidemic of a vaccine preventable disease. This bill amends the required affidavit so parents or guardians are directly made aware of the possibility of the child’s temporary exclusion from school. The bill also adds that the asserted cause of a medical exemption may be subject to review and approval by the Division of Public Health. Additionally, the bill would require the Division of Public Health to declare an outbreak, rather than the current language of an epidemic throughout the State or a particular definable region thereof.
House Joint Resolution #6 w/House Amendment #1, passed 7/1, Sponsor: Rep. Earl Jaques, This House Joint Resolution directs the DPAS II Advisory Committee to review and make recommendations to the current educator evaluation system. This Resolution also limits the State Department of Education’s ability to propose changes to certain sections of the Administrative Code.
Senate Bill #61, passed 7/1, Sponsor: Senator David Sokola, This Act clarifies that school buses are not exempt from the requirement to stop at railroad grade crossings regulated by a traffic-control signal or at railroad grade crossings protected by crossing gates or flashing lights. Section 4163 currently is contrary to best safety practices requiring that school buses stop at these types of crossings to ensure optimal safety for students.
This Act also makes additional changes to § 4163 in keeping with the grammar and style guidelines of the Delaware Legislative Drafting Manual.
Senate Bill #62, passed 7/1, Sponsor: Senator David Sokola, This Act updates the minimum insurance coverage requirements for school transportation to reflect current industry standards.
Senate Bill #94, passed 7/1, Sponsor: Senator Brian Bushweller, This Act requires the Department to develop a regulation for the identification of a “military-connected youth”. The Act further provides that this identification is not a public record, is protected by the federal Family Educational and Privacy Act and shall not be used for purposes of determining school achievement, growth or performance. The purpose of this identification is to ensure the necessary individuals at the school level are aware of any military connected youth for services and supports.
Senate Concurrent Resolution #29, passed 7/1, Sponsor: Senator Bethany Hall-Long, This concurrent resolution establishes the Behavioral and Mental Health Task Force to examine mental health in the State of Delaware and make recommendations for the improvement of services and the mental healthcare system. *editor’s note: while this is not a direct education bill, many students would benefit from a better mental health care system in the state
Senate Concurrent Resolution #39, passed 7/1, Sponsor: Senator Colin Bonini, This Concurrent Resolution forms a working group to make a recommendation as to whether or not the Budget Bill should continue to be treated as a simple majority Bill. *editor’s note: this working group will take a hard look at funding for charter schools, University of Delaware, and Delaware State University. Since they are considered corporations under state law, and corporations need a 3/4 majority vote for passage, and currently the budget bill only needs a majority vote, this group will examine this legal anomaly.
Senate Joint Resolution #2 w/Senate Amendment #1, passed 7/1, Sponsors: Senator David Sokola and Rep. Earl Jaques, The amount of testing required of our students and educators has grown significantly in recent years. While the General Assembly recognizes the need to administer assessments that provide valid and reliable data about how Delaware’s students are growing academically, it is also committed to maximizing time in the classroom for our educators to teach, and our students to learn.
The Department of Education is already coordinating an inventory of all assessments required at the state, district, and school level. This Joint Resolution requires the Department of Education to report the inventory results, and any assessments that districts or the state propose to eliminate, to the public and to the House and Senate Education Committees of the General Assembly. It also requires the Department to convene a group, consisting of members of the General Assembly and the public, to conduct an in-depth review of the inventory results and make recommendations for consolidation or elimination of assessments.
Senate Joint Resolution #4, passed 7/1, Sponsor: Senator David Sokola, While Delaware is deeply committed to preparing every child to reach his or her full potential and succeed in the new economy, the State will not be able to build a world-class education system for its children without modernizing the 70-year-old education funding system. This Joint Resolution establishes the Education Funding Improvement Commission to conduct a comprehensive review of Delaware’s public education funding system and make recommendations to modernize and strengthen the system. The Commission will include stakeholders from across the education system and will submit a report and recommendations to the Governor and General Assembly no later than March 31, 2016.
House Bill #184, passed 6/30, Sponsor: Rep. Deb Heffernan, This bill establishes a mechanism for persons receiving special education services pursuant to an active Individual Education Plan until the age of 21 to receive license to drive.
House Joint Resolution #7, passed 6/30, Sponsor: Rep. Kim Williams, Recognizing (1) that many of our educators are assuming greater levels of responsibility and demonstrating leadership in their classrooms and schools, (2) that our current educator compensation system does not reflect the work we value in our educators or provide them with a meaningful career pathway or ability to earn additional compensation for assuming additional responsibility, and (3) that we must retain and attract great educators to ensure that our students are prepared to compete in an increasingly global economy, this bill re-establishes the Committee to Advance Educator Compensation and Careers in addition to establishing two sub-committees: the Educator Work Group and the Technical Advisory Group. The Committee will continue its work in developing a plan for an alternative compensation structure and career pathway for educators aligned with the parameters set forth in Senate Bill No. 254, including providing educators with a meaningful career pathway, including higher starting salaries and recognition for working with high-needs students, and significant leadership opportunities for career advancement that keeps talented educators in the classroom. The Committee must submit updated recommendations to the Governor by March 31st, 2016 with sufficient detail for implementing legislation, and will continue to meet thereafter to issue subsequent recommendations for consideration.
I will be updating the page on this blog entitled “Education Bills in the 148th General Assembly” over the next week and as Markell makes decisions on these as well. I also intend to go through all the legislation that was passed over and is left in limbo until January 2016.
Senate Bill 33, sponsored by Delaware State Senator Nicole Poore, was tabled today in the Delaware Senate. This legislation came about due to the hard work of 24 individuals on the IEP Task Force. How does a bill, which passed through the Senate Education Committee, become LOT (left on table) when it is presented to the Senate? Two words: Kendall Massett. The director of the Delaware Charter Schools Network herself.
After the bill went through the Senate Education Committee with no unfavorable votes, with an amendment to clear up some of the language, Massett got involved and demanded the amendment to the bill be put in Title 31, which is the part of Delaware code covering welfare. Why she was insistent on this being put there I can’t fathom because an IEP is an education issue which would belong in Title 14. Unfortunately with the new General Assembly website, amendments to bills can’t be read.
Apparently, she didn’t like the fact that charter schools would be required to have one employee from each charter school getting specialized training from the Delaware Department of Education on the legal rules for Individualized Education Programs as well as access to resources available in helping students with disabilities. Having attended every single one of the IEP Task Force meetings, I can say the subject of charter schools came up more than once. I am not saying ALL charter schools, but many don’t have a clue in how to handle special education. Many children have been denied IEPs at Delaware charters, “counseled out”, or denied entrance to charters because parents were told by charter school officials they don’t have the “resources” to help those children.
Any time this charter lobbyist gets her hooks into legislators, bills get screwed up in the General Assembly. I would think the charters would want the extra assistance instead of paying out extra costs to special education attorneys and education funds for students. But no, they want traditional schools to have this caveat as well. Here’s a news flash Kendall: traditional schools can’t counsel students out and they can’t say “we can’t take your child”. So if you don’t like the charters getting some heat, tell all your charters to do their job!
Do you want to take a wild guess why the task force didn’t include any charter school representatives? Maybe it’s because the Delaware DOE picked the task force with approval from the legislators involved and knew who would be able to give expert advice on special education in Delaware schools. When the DOE doesn’t think charters can give experts on a task force, you know something has to be seriously wrong. If it was such a concern of yours during the task force, how come you didn’t show up to any meetings Kendall? And now you want to stick your nose into a special education bill that is meant to help these disadvantaged students? Just because your beloved charters got called out on actions they have themselves brought upon themselves for years?
Delaware legislators: this charter lobbyist is wielding WAY too much influence on your decisions for the good of ALL Delaware children. The charter problem in this state is getting worse by the day, and many of you will do nothing but defend these schools and the money behind them. You have allowed them to operate under very little scrutiny and when they are caught, you grow silent. I am not saying ALL charters or ALL legislators. But we all know who they are and far too many of you could care less. As long as you keep the Governor happy you are content with segregation, discrimination and denial of services. And while all this is going on, traditional schools are losing funding and resources while the DOE pumps money into companies that provide all these corporate education reform “services” and then turn around and fund other companies for more charters. Wake up! It’s seconds before midnight and you are still operating under the belief that charters are the next great thing.
Senators Brian Bushweller and Greg Lavelle must have received a mouthful from Kendall on this because they were the ones who initiated the discussion today that got this bill tabled. In a Delawareonline article today, Bushweller stated the fact that charters weren’t represented on the task force was “very disappointing”. And Lavelle, don’t even get me started. He said he wasn’t aware of the amendment on the bill, but his wife was on the IEP Task Force. This bill was introduced in January. The IEP Task Force ran from September to December. Did Bushweller or Lavelle, both of which voted yes for Senate Concurrent Resolution #63 in the 147th General Assembly which created the task force, even bother to read the recommendations or listen to the digital audio recordings from the task force?
It is a shameful day in Delaware when legislation that can and will help special needs students is tabled because the charter lobbyist decided she didn’t like some wording. Shame on those who sided with her during discussion of this important bill. Once again, everything has to be about the charters in Delaware. Enough.
To read about Delawareonline’s take on this, which included NO mention whatsoever of the sneaky, crafty maneuvering of Kendall Massett, please go to: