Governor Markell Will Have State Board Of Education Do His Bidding

The future of the Delaware accountability system for its school is now in the State Board of Education’s hands.  Despite having the Accountability Framework Working Group meet 16 times for over a year.  Despite whatever the Delaware Education Support System (DESS) says tomorrow at their 1pm meeting.  Despite what the people say.  If Governor Markell wants things a certain way, it will happen.

Despite my telling Penny Schwinn and the Accountability Framework Working Group that there is no Federal law stating there must be a consequence for participation rates on standardized assessments dipping below 95%, the AFWG group voted to pick one of the following consequences.

  1. Go down one level on the performance rating, but use the average proficiency rate over a two-year period so that a school is not penalized for a one-year dip or anomaly.
  2. School must write a plan for how they will address low participation rates and then do not have access to supplementary federal grants.
  3. Use the multiplier for schools that are below 95% only.  Essentially we would have 100% on a 95 point scale, so that if a school had 93% participation and 60% proficiency, the multiplier would be (93/95)*(60%).  Any school at 95% proficiency or above would get full credit.
  4. School would automatically not be able to be a reward or recognition school and automatically be placed on the list as a potential Focus school.
  5. For federal designation calculations ONLY, the school would have all non-participants count as a zero score.

The group voted for part of Option #2 and part of Option #4: School would write a plan and could not be a reward school.

I don’t think there should be any participation rate penalty at all.  The Delaware DOE has not sufficiently provided evidence with exact code.  It’s easy to look at words and cherry-pick what applies.  It’s easy to treat guidance as mandatory, or a letter from an Assistant Secretary who no longer works at US DOE.  But here is the part of the recipe the public doesn’t know about.  On Friday, Penny Schwinn and Interim Secretary of Education Dr. Steven Godowsky met with Governor Markell.  They presented the options to him, and he wants #3.  The very same penalty that the non-Delaware DOE members of the AFWG voted unanimously to remove at their last meeting.  When asked why they changed their mind on this, Gerri Marshall from the Red Clay Consolidated School district thought it would be a moot point because nobody thought the opt-out numbers would be as high as they were in many schools and districts.

When asked if the legislators override Governor Markell’s veto of House Bill 50, Donna Johnson stated “Federal law trumps state law.”  But once again, they are cherry-picking parts of the law that suit their needs.  Because the Smarter Balanced Assessment doesn’t allow for a human reader under many circumstances even though his IEP stated he should be given this accommodation during testing.  I told the DOE the same words, federal law trumps state law.  I never received a response from them or anyone at the Smarter Balanced Assessment Consortium about that.  Ever.  But back to a potential veto override, if the DOE submits their ESEA waiver and it is approved by the Federal Government, through the US DOE, House Bill 50 could not have the line about opt-out not being included in a school’s accountability ratings.  This is IF the State Board of Education chooses Governor Markell’s #3 option with participation rate.

The Delaware DOE admitted they actually rounded up the participation rates as much as they could for schools in Delaware.  Why would they do that?  Was the same metric for this rounding up applied to ALL schools?  I would love to see the actual data on that.

The Governor doesn’t want the Delaware School Success Framework to publish a school’s overall rating.  But it will be subject to FOIA, the State Board will announce it at their meeting, and media will write about it.  This is the part that leaves me feeling very perplexed.  Why put yourself in a position where you have to get a FOIA when you can just choose to make it public knowledge?

The AFWG, after much discussion, agreed to use points as a school’s calculation based on a 500 point scale.  So if a school gets total points of 70 based on the calculated weights for each category, on this scale their score would be 350.  Whatever the school gets it will be heavily tied to their overall Smarter Balanced Assessment.  The DOE publishes the Smarter Balanced results, and since 90% of an elementary and middle school’s score will be based on either proficiency, growth, or growth to proficiency (all based on SBAC), that other average daily attendance is not going to make that much of a difference.  For high schools, 70% will be based on the same SBAC criteria, with other measurements of 30% tied to college and career preparation and “on track to graduation” levels.

Delaware State Rep. Kim Williams asked the AFWG many tough questions concerning charter school enrollment preferences, Governor Markell’s position on the participation rate penalty, and the need for the group to have a united front on these issues.

Tomorrow, the DOE will present the Delaware School Success Framework based on the recommendations by the AFWG to DESS.  But even Penny Schwinn said Governor Markell is her boss.  He selected her for the position of Chief Officer of Accountability and Assessment at the DOE and it is her job to do what he says.  Jack hates parents who opt-out, for all of the obvious reasons.  And if Jack doesn’t like, that must mean Rodel doesn’t like it.

The AFWG’s work is done, unless the DOE has to get another month extension from US DOE if needed.  But most of the members of the group know they can’t really discuss this any further.  Their thoughts are known, and many members of the work group wish they could just blow it up and not have to worry about this insane school report card to begin with.  I echo that sentiment.

Freire Wants To Get Rid Of Specific Interest As Well Due To Non-Compliance With Federal Regulations

Early College High School isn’t the only Delaware charter school that has submitted a major modification request with the Delaware Department of Education to remove specific interest as an enrollment preference.  Freire, scheduled to open in the 2015-2016 academic year, is also requesting this.

Once again, the Charter School Accountability Committee asked a charter school for a copy of the Federal Guidance (posted yesterday in the article before this one).  Is the Delaware DOE not aware of this?  How could they not be?  The National Association of Charter School Authorizers had a presentation with the Delaware State Board of Education earlier this month and they were scheduled to present to the Enrollment Task Force but that meeting was canceled due to inclement weather.

At the Delaware State Board of Education meeting on 2/19/14, during the Charter School Review presentation by the Director of Charter Schools, Jennifer Nagourney, the subject of the modification requests for both schools came up.  She did acknowledge both schools want compliance with Federal Guidance based on applying for Federal start-up grants, but nothing was discussed about this enrollment preference practice in Delaware or the wisdom behind continuing this in light of Federal guidance which suggests otherwise.

To listen to this part of the State Board of Education meeting, please go here: