ESSA: Parents & Educators MUST Attend The Upcoming Meetings & Educate Themselves On The Law!

The Delaware Dept. of Education will have three more Every Student Succeeds Act Community Engagement meetings in the next week.  They held a meeting in Georgetown on Tuesday.  The next three meetings will take place in Wilmington, Middletown, and Dover.  The DOE is “requiring” participants to register through a company called Event Brite.  Links to register can be found here.

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I will stress with all the urgency I can muster that ALL public education parents attend these meetings.  Before you go, I would familiarize yourself with the federal law.  You can read the full text of the law here.  It is a very long law with a lot of repeated jargon and “legalese” in it.  The Delaware State Board of Education and Delaware DOE has put up many links to it on their websites, but a lot of that is open to interpretation.  As well, U.S. Secretary of Education John King has issued “proposed rulemaking” which are potential regulations.  These regulations are VERY controversial.  You can read those regulations here and here.

These are my major concerns with ESSA:

By allowing states to have more flexibility, many states have already created long-term plans based on the prior federal mandates.  Far too many in our state DOEs follow what the corporate education reformers want and give a false illusion of “stakeholder input”.

The Delaware DOE has given NO indication whatsoever that they will even consider changing the state standards away from Common Core even though they can certainly do this according to ESSA.  The US Secretary of Education isn’t required to approve these standards.  The states merely have to give an assurance that their standards will follow the law.

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Student data still isn’t protected to parents satisfaction.  To stop this data from going out, they need to restore the Family Educational Rights & Privacy Act (FERPA) to pre-2011 levels

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Bouncing off the previous statement, by allowing more social service and health-based practitioners into our schools, there is a serious question regarding what applies to FERPA and what applies to the Health Insurance Portability and Accountability Act (HIPAA).

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John King’s regulations would keep the 95% participation rates for state assessments with consequences for schools and districts.

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John King’s Title I regulations would enact a “supplement not supplant” these funds.  This is in sharp contrast with federal law and he was called out on this the other day by the US House Education and Workforce Committee.

There is far too much talk of competency-based education through computer adaptive assessments.  That is just lingo for personalized learning.  This law would allow for classrooms to become online all the time.  There are severe dangers with this in regards to the downgrading of the teacher profession, far too much screen time for students, and the quality of the educational material.  As well as severe data privacy concerns.  In fact, there are incentives for schools to adopt personalized learning.

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While the law forbids the US DOE from forcing or coercing states to implement any state standards, like Common Core, many states already have these in place and spent years embedding them into every facet of public education.

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The law calls for state accountability “report cards”, based on performance of the state assessment, but the tests are not required to be exactly the same for all students.  So the state assessments are not a true measurement since they will be different for each test-taker.  Delaware set up their report card last year under the name of the “Delaware School Success Framework” but they inserted a very punitive participation rate penalty if a school dips below the 95% participation rate which can’t use parent opt-out in those calculations according to the law.

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State assessments will not be required to have questions at the appropriate grade level for students.

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ESSA requires any plan to be submitted to the State DOE, State Board of Education, the Governor and the state legislature.  To date, the Delaware DOE has not had “meaningful” consultation with the Delaware General Assembly about ESSA.

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The law specifically states that all choice schools should have priority given to the lowest-achieving students, but Delaware allows for charter schools to have enrollment preferences that allow for higher-achieving students to have distinct advantages, especially in our magnet schools and charter schools like Charter School of Wilmington.

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I have many other concerns with ESSA, but these ones stand out for me.  I am coming at this from the perspective of a parent.  I know educators have concerns over some of this as well.

Breaking News: Special Education Nuclear Blast Will Take Place In Delaware In The Next Month

A couple of years ago, I wrote about a hurricane in Delaware Special Education.  This year I predict a full-blown nuclear blast.  The Exceptional Children Resource’s Group at the Delaware Department of Education will release their FY2014 Special Education Compliance & Results report they must submit to the United States Department of Education’s Office of Special Education Programs in the next month.  The results are going to be catastrophic for Delaware.  We will be labeled as “needs intervention” once again.

This year’s results will be more controversial than any other year because out of the 43 “indicators” identified by the US DOE this year, 28 of them are based on the state assessment.  In Delaware, that would be the Smarter Balanced Assessment.  In other words, 65.11% of Delaware AND each local school district or charter school’s rating scale will be based on Smarter Balanced.  Participation rate will tie into this.  Delaware did not make the participation rate of 95% for students with disabilities in ANY grade.  So that is 32.65% of the rating.  The other 32.65% is based on proficiency goals for both ELA and Math.  What is odd though is the Math goals are based on the 2014-2015 Smarter Balanced scores but the ELA goals are based on the 2013-2014 DCAS scores.  The other new indicators are results tied to early childhood learning to elementary learning in three different areas covering “growth” and “expectation” for a total of six categories.  These new weights total nearly 14% of the rating.  Other new “results” indicators are graduation rates and drop-out rates, which Delaware did not hit the goals for either one.

In terms of compliance, which used to account for 100% of the Annual State Improvement Plans from the US DOE, this year it only counts for less than 14% of the entire report.  Delaware came in at the halfway mark for this section.  Indicators in this section included disproportionality in all disabilities or specific disabilities (much more of one disability over another, like ADHD for example), a disproportionate amount of suspension rates for minority students who are also students with disabilities, initial evaluation timelines, pre-school transitions, and secondary transition (making sure students with disabilities who transition from middle school to high school are part of their IEP team).  Delaware did perfect in the disproportionality sections, but the other areas fell well below the goals.

The report on this hasn’t come out, but the Delaware DOE did send letters to each school district and charter school in the state.  Based on the numbers in each of these letters, I was able to determine Delaware will be labeled as “needs intervention” this year by the US DOE.

The following districts and charters were labeled as “needs intervention”: Brandywine, Christina, Colonial, Lake Forest, Red Clay, Woodbridge, Campus Community School, Delaware College Prep, EastSide, Prestige Academy, Thomas Edison and students handled through the Department of Students, Children, Youth and their Families.

The following districts and charters were labeled as “needs assistance”: Appoquinimink, Cape Henlopen, Capital, Delmar, Indian River, Laurel, Milford, Smyrna, Academy of Dover, Family Foundations Academy, Gateway Lab School, Kuumba Academy, Las Americas ASPIRAS, Positive Outcomes, and Providence Creek Academy.

What is interesting is the charters who have very few students with disabilities or very low populations of intensive or complex categories did extremely well this year.  Out of the 43 indicators, the Charter School of Wilmington only qualified for 1 which they passed.  Delaware Military Academy only had 6.  None of the charters and a few districts did not qualify for the pre-school indicators.  When I determined Delaware’s rating, I factored out any district or charter that was not applicable for any of the 43 indicators.

The participation rates were based on the 2014-2015 Smarter Balanced Assessment.  I find it hysterical that they are using Smarter Balanced for this report.  The goals for Smarter Balanced Math on this report was a proficiency rating of 15% for students with disabilities.  All grades with the exception of 11th grade passed that goal.  But the participation rates, compliance indicators, and early childhood learning all brought Delaware way down this year.  When the final numbers come out, I predict we will be at 37.21% for our overall percentage with US DOE.  For the ratings systems, 80% and above is “meets requirements”, 60% to 79% is “needs assistance”, and 59% and below is “needs intervention”.

To see how your district or charter school did, check out this page on the Delaware DOE website.  Letters were sent out to each Superintendent or Head of School (charters) on May 31st.

Let me be the first to say I think it is utterly preposterous they are using the Smarter Balanced scores and participation rates for this report.  It is ludicrous to think it accounts for nearly two-thirds of it.  For those who ever thought testing is good, not only are teachers evaluated based on the scores, but our schools are now going through double jeopardy based on the scores and participation rates, especially schools with high populations of low-income and minority students who ALSO have high populations of students with disabilities.  I don’t accept this report and see it as utter garbage.  While some of the compliance indicators, the graduation rates, and the drop-out rates are worthy measures, the rest of it is utter crap.  I’ve said this last year and the year before, but there are so many other worthwhile things they could be measuring with these annual reports.  Such as IEPs being implemented with fidelity, IEP denials, and parent feedback.  In fact, the only thing remotely surrounding parents in this is participation rates, and that is an extreme dig at parental choices that are not against the law.  Delaware and the US DOE will NEVER learn…

I hate to be the deliverer of bad news, but once I saw these letters and what they were measuring, I knew I would be spending the rest of my day figuring all this out.  The last time we got a “needs intervention” in Delaware, back in 2014, Governor Markell announced the creation of a Special Education Strategic Plan.  He set aside funds in the FY2015 budget for this.  Almost two years later and this Strategic Plan still hasn’t seen the light of day.  But a former Rodel employee with very little special education background is getting paid a very nice salary as part of the Secretary of Education’s office.  Matthew Korobkin is in charge of this “strategic plan”.  So far the only thing I’ve heard is how much the Autism community in Delaware was pissed off at him for essentially trying to copy their Autism Blueprint into his strategic plan.  Money well spent Jack!  An IEP Task Force, formed in the General Assembly in 2014, did create legislation that is just now going into effect, but the task force never reconvened even though this was a huge discussion point towards the end of the first round.

The DOE’s “Rules” For Participation Rate On Smarter Balanced

The Delaware Department of Education apparently has their “business” rules for participation rate on the Smarter Balanced Assessment.  While these are more technical, they do show an obvious ignorance of a parent’s right to opt their child out of the high-stakes assessment.  For those parents who are concerned about the data sharing aspect of the test, I would make sure you opt your child out well before the test window even opens up for your school.  Because if they answer six questions on either ELA or Math, they count as a participant.  There are a lot of tricky rules in this, so I would read each one very carefully to determine if your child or student will be counted as a participant or not.  Of course, none of this takes away from your ability to opt your child out.  I highly recommend doing it as soon as possible and ending this high-stakes testing madness!

 

DSEA Will Be Part Of NEA’s ESSA Implementation Team

The largest teachers union in America is going to have representatives from each state as part of their Every Student Succeeds Implementation Team.  This group was formed so they can comb through the recently passed ESSA signed by President Obama last month.  I know a few of the folks on this team, and I certainly hope they can help Delaware students, parents, teachers, and schools navigate through this transitional period.

There is news below about the ESSA and opt-out.  I strongly urge all Delaware parents to read this as the new law allows for opt-out policies to be made at the state level, not the Federal level.  This comes at a crucial time as the Delaware General Assembly is on the cusp of overriding Governor Markell’s veto of House Bill 50.  The ESSA does not allow for the feds to issue letters about funding cuts whatsoever.  The key words in this are “maintains requirements that assessments be administered to at least 95% of all students“.  Schools control that, but they have absolutely no control if a parent chooses to not have their child take the assessment.

From their monthly newsletter, “Professionally Speaking”:

ESSA Explained

The passage of the Every Student Succeeds Act in December has raised an overwhelming number of questions from educators and other education stakeholders as to what is actually contained within the law.  Over the next few issues of DSEA’s digital newsletters, Professionally Speaking and Legislative Matters, we will feature some of the key differences between the No Child Left Behind Act and the Every Student Succeeds Act.  In this issue we focus upon Standards and Assessments:

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For any of the changes outlined above, it is important to remember that successful implementation of this new bill will be dependent upon the decisions made at the state and local levels.  Educator input on state and district policies covering testing, accountability systems, and how ESSA can best support the whole child will be crucial to ensuring that the bill truly works for students and schools.

To meet DSEA and other state affiliate needs, NEA has created an ESSA Implementation Team.  This team will have its first meeting in Washington, DC on January 22-23, 2016.   Implementation team members will learn more about the core aspects of the law, provide advice about how best to equip affiliates and members with tools they need, and formulate strategies for connecting affiliates, members and staff together in this implementation effort so that we learn from each other and can help each other.  

State affiliates were asked to submit name of staff and educators to be part of this team. DSEA team members from Delaware include Kristin Dwyer, DSEA Director of Government Relations, Deb Stevens, DSEA Director of Instructional Advocacy, Jesse Parsley, an Association Rep and 8th grade math teacher at Milford Central Academy, and Jill League, a member of the DPAS II Advisory Committee and a 5th grade teacher at Brandywine Springs Elementary.  Watch for more information about ESSA implementation from our team in the near future.

US DOE’s Threat Letter To Delaware DOE About Opt-Out Is Ridiculous

The United States Department of Education sent letters to 12 states about issues with lower participation rates for either all students or sub-groups of students on the state assessment.  Delaware’s letter, from the US DOE Director of State Support Dr. Monique Chism, has all the intimidating and bullying language we have grown to expect from these federal intrusionists.  So much for the Every Student Succeeds Act and the clause about states determining how to handle participation rates.  The US DOE has learned nothing about standing up on the bully pulpit and telling states what to do.

So what bully lingo do we see in this letter about Delaware not meeting the 95% participation rate for English Language Learners and high school students?  The biggest “threat” is turning a school that has multiple years of low participation rates into a priority or focus school.  There are the usual funding cut threats.  But Delaware already addressed this in their last ESEA Flexibility Waiver edit sent to the US DOE on November 30th.  You know, the one where they have the participation rate multiplied against a school’s participation rate.  The one that nobody but the DOE, Godowsky, State Board of Education, Rodel, and the Governor’s Advisory Council for Exceptional Citizens wanted.  DSEA, Delaware PTA, district and charter superintendents and heads of school opposed it.  Parents opposed it.

The timing on this couldn’t be better.  As the Smarter Balanced season begins next year, opt-out will become a huge conversation.  Our legislators have an awesome responsibility to override Governor Markell’s parent disrespecting veto of House Bill 50.  This final vote from the legislators over this issue will decide once and for all who they stand with: a departing Governor’s absolutely horrible education legacy or the constituents who elect them.  The Delaware DOE is probably emailing this letter to every single legislator as we speak.  But guess what?  I am calling the US DOE’s bluff.  Let them try to cut funding.  Let them try to interfere with a parent’s God-given, fundamental and constitutional rights to dictate the best interests of their children.  We will fight them all the way to the United States Supreme Court if need be.

Every single parent of a public school student in Delaware needs to make a choice for their child if they haven’t already: do they continue to let corporate education reform allow our children to be in huge classes with little funding going to support and resources in favor of a once-a-year test that dictates everything about their child, teachers, and school?  Do they allow our Governor, DOE, State Board, Secretary and the US DOE continue to take away local control from our schools and spend our taxpayer dollars on tests that do not give immediate feedback, do not impact the level of instruction an individual student receives and actually tramples the civil rights of every single sub-group of students in our state?  These are the questions parents need to ask.  Parents can and have made a difference, and their voices are growing stronger every single day.  Say no to the US DOE.  Say no to Governor Markell.  Say yes to your child.

ESSA Part 2: Assessments & Opt-Out

The Every Student Succeeds Act is very clear about expectations for state assessments as well as participation rates in those assessments.  Some of this may surprise you, including the mechanism by which every single student can be opted out in certain conditions!!!

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Once again, no social studies requirement.  Are these assessments the same as the current wave including the Smarter Balanced Assessment and the PARCC tests?

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If you thought standardized tests were going to disappear from this legislation, you were wrong.  They are still there.  Who needs to take them?  The below language clearly defines the expectation on the school or school district’s part:

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There is a lot thrown into these two sections.  The word “all” does not mean all students have to take the assessment.  This law stipulates schools must give the test, but it does not define the responsibility of the student to actually take the test.  The words coherent and timely need to be more defined in my opinion.  One of the biggest arguments against SBAC and PARCC was they did not provide either, nor were they considered valid and reliable.  Having the results come out after the school year ends, or even into the next school year does nothing for students who advance to the next grade.  By the time parents see the results, most have long since moved on from the prior year’s assessment.

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This is the big one.  This is the heart of the legality of opt-out.  Those two words define what the school has to do, not the student.

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The above defines what the school needs to do with assessments.  They must “provide for”.  I can provide chocolate-chip cookies at a bake sale, but I can’t make everyone buy them.

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Welcome to stealth testing!  This is where personalized learning rears its head in this legislation, but not overtly said.  The future of standardized assessments will be embedded into end of unit modules on student’s computers.  Instead of the “once-a-year” assessment, or even 2-3 times like in the past in some states, these will be constant assessments.  This law allows schools to come up with a summative score based on all these little assessment.

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Yes, adaptive assessments.  What we currently have in the once  a year assessment, but set up for personalized learning and competency-based education.

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Here is the loophole, and one of the reasons these tests are so dangerous.  The adaptability allows corruption in the data.  The programmers of the assessment can manipulate them in a way that certain students have a disadvantage.  When a student gives an end-of-unit test, all students are given the same questions.  Why should a standardized assessment be any different?  But this law allows that!

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Here is the snake in the grass.  How can a student be determined proficient for current school year instruction if they are given items on a test that are above the grade level?  I can understand items below the grade level.  If a student is behind, you would want to know what level they are at.  I get that.  But to go above like that…it leads to all sorts of issues.

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This is the clincher!  And I love they put the words “local law”.  Does a district board of education policy honoring a parent’s right to opt-out of the state assessment count as local law?  If a state’s accountability system has opt-out penalties which could harm a school’s rating, would this not completely contradict this part of the legislation?  And if it is a state law to honor opt-out and not punish, then there is nothing anyone can do about it!  Which is why the legislators in Delaware need to override Governor Markell’s veto of their opt-out legislation as soon as possible!!!!

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Another big thing going on right now is “assessment inventory”.  I believe this will wipe out many of the district assessments in favor of the state assessments.  Especially if the future will be stealth mode on assessments…

State Board Audio Of Opt-Out Penalty Decision Is A Confusing Mess, Godowsky Stays Quiet Most Of The Conversation

Lord help me, I have transcribed the biggest part of the State Board of Education meeting from yesterday.  Once again I am numb from hearing the State Board try to figure out what the hell they were even voting on.  This is long, but there are very key and integral parts of this conversation which illuminate the State Board and Godowsky’s warped view of the whole opt-out penalty mess.  This whole decision, and the bulk of the weight on the Delaware School Success Framework, is based on the Smarter Balanced Assessment.  The State Board also discussed the DOE’s Annual Measurable Objectives, which caused a huge outcry yesterday among parents of students with disabilities.  Here it is, but stay tuned at the end for a very special announcement with some, in my opinion, shocking news.

State Board audio transcription of the presentation on Delaware School Success Framework, 11/19/15

Players:

Delaware Secretary of Education Dr. Steven Godowsky

Dr. Teri Quinn Gray, President of State Board of Education

Board Members: Nina Bunting, Gregory Coverdale, Pat Heffernan, Barbara Rutt, (absent: Vice-President Jorge Melendez and board member Terry Whitaker)

Donna Johnson,  Executive Director of the State Board of Education

Penny Schwinn, Chief Officer Accountability and Performance

Ryan Reyna, Officer of Accountability

 

Dr. Teri Gray: The next topic for us is the presentation of the Delaware School Success Framework and any other revisions to the ESEA flexibility request.  Welcome.  Please state your name for the record.

Penny Schwinn: Good afternoon, Penny Schwinn, Director of Assessment, Accountability, Performance and Evaluation.

Ryan Reyna: and Ryan Reyna, same office as Penny.

Schwinn: Well good afternoon.  Glad to be here to present the final revisions to our ESEA Flexibility request.  Today what we’ll be going over is the specific recommendations for the Delaware School Success Framework, or DSSF.  The recommendations for the rating performance thresholds, in essence each category a (?) system, and our annual measurable objective.  Just for a little bit of context, we have an approved ESEA Flexibility Waiver through the end of this school year, through 2016.  We can extend that through the end of the 2017-2018 school year contingent upon the following: we need to submit an amended request to incorporate some of the final modifications to the DSSF, and we also need to demonstrate that the DSSF will allow Delaware to name the required number of priority, focus, and reward schools moving forward in the future.  Again, just to be clear, we’ve already named our priority and our focus schools, we will not be naming anymore for at least three years as they move through that process but we still need to demonstrate that this system would do so.  We also need to provide the technical documentation for the DSSF.  We’ll be provided a Spring workbook, later, once that is approved, so that will let them know what the business rules and metrics will be.  We are also requesting an approval and support from the State Board on the final annual measurable objectives, or AMOs.

So just to provide a very brief overview, I know you are probably getting sick of this graph, you’ve seen it so many times.  But we have our DSSF and this is the whole system. So we haven Part A, and in essence that is the components  that are rated.  The versus proficiency, and that is the proficiency in ELA, Math, Science, and Social Studies.  We also have growth in ELA and Math.  And just to reiterate the points we brought up before. We have one of the most progressive growth measures in the country in terms of the weighting on our system in growth.  So as a state we’ve taken a very strong philosophical stance to really prioritize growth in student achievement as opposed to proficiency which I think is exciting.  Attendance, this is for elementary and middle school only, for school it is looking at on-track (to graduate) in 9th grade and again giving extra points for the catch-up work for those students who are in the bottom quartile in performance, catching up by the end of 9th grade.  The 4, 5, and 6 year graduation rates, which is a big change for the state.  And then finally, for elementary and middle schools we have growth to proficiency in ELA and Mathematics, for high school it is college and career preparation which we’ve spoken about includes more than just one test, it also looks at career and dual education etc.

Part B is the components that are presented.  Transparently but not rated.  Right now that is specifically to surveys, student and parent, teachers may be optional, some post-secondary outcomes, we also know that every school in the state outside of one has provided a narrative report.  And in the future we’re hoping to include social and emotional learning.

So these are the recommendations that are outstanding for the DSSF.  And again these are the Secretary’s recommendations of what we should move forward with in terms of final business rules and components.  The AFWG (Accountability Framework Working Group) has not revised their recommendation from last month so I want to be clear about that.  For the participation rates for 2015-2016’s accountability year which is based on the 2014-2015 data, essentially if a school falls below 95% participation rate, in either Math or ELA, the school will need to create a plan.  That plan will be monitored by the Office of Assessment in terms of implementation.  Moving forward, so starting 2016-2017, based on data from this school year, all schools will divide their participation rate by 95% and multiply that by the proficiency to generate an adjusted rate.  What that allows for is both positive consequences, so if a school for example if a school is higher than 95% in essence they get bonus points for testing more of their students.  Again, it is the same multiplier we will be applying to schools that fall below 95%.  We are also reporting on disaggregated participation rates which is required federally.  So I want to stop there to see if there are any questions before I move onto performance ratings.  (No questions).  Ok, great.

So for performance ratings, we have the aggregate performance so each metric area will get their own aggregated performance.  We will not do an overall rating.  We will have that information but it will not be presented on the PDF so that is consistent with what you saw last month and what we presented at the last retreat.  It will be on a 5 star scale, based on the total points available and we’ll talk about what those cut points will be in a bit.

Gregory Coverdale: So I guess, to make a comparison, that’s why we’re dividing by 95%?

Schwinn: 95% is the threshold in terms of what our expectation is for participation.  So we don’t want to do that out of 100% because if you get 96% you are above that level so 95 is our top point so in essence we are saying that as long as you are at 95% you get a 100% of the points, anything above that is extra credit.  A positive consequence so to speak.

One of the things we did want to highlight, specifically, is just the number of schools who are increasing their ratings in terms of 3, 4, and 5 Star.  We compared that to AYP (Annual Yearly Performance-created through No Child Left Behind).  One of the things we looked at was in the AFWG, our working group, was to make sure that we weren’t just seeing the performance of schools specifically related to income, so what we looked at were the number of 3, 4, and 5 star schools that were Title I schools or had a large proportion of students who were low-income and what we found was that 52 of 124 elementary and middle schools were a 3, 4, or 5 star school under this system so we’re seeing that actually 42% of the schools are high-rated even when they have large proportions of low-income students.  That is not consistent with what we’ve seen with AYP which is a lower percentage of students who did not meet AYP.  So again, while we want to see more of our schools, and many of our schools perform at the highest levels, we see that this system more accurately represents the information, specifically the growth that a lot of our schools are seeing over time.

The last point we want to bring up before we move on is looking at the number of schools who would have dropped their ratings because of the participation rate.  That was an outstanding question we had.  I’ll look to Ryan (Reyna) to double-check on some of those specifics, but no school dropped a rating in the overall based on the participation rate multiplier (important note: they did not include high schools in this information, which would have shown schools like Conrad in Red Clay take a massive drop with their 40% participation rate in math).  We did have one school that would have increased based on this multiplier.

Gray: Based on the 14-15 data?

Schwinn: Based on the 14-15 data, that’s right.

Reyna: Which is not in effect as you see on this slide.  Hypothetical, as the board presented a question to us.  So again, in confirmation of what Dr. Schwinn just said, overall no schools would have decreased their overall rating.  One school actually did improve its overall rating as it was right on the cusp.  In the area of academic achievement alone, there were three schools that improved their ratings and one school that decreased their rating, again, because it was sort of on the cusp of where the cut points are set and we will show you that in one slide.

Gray: So again, what we were trying to clarify with that question, we appreciate that follow-up, was that multiplier applies just to the proficiency component, not the overall rating.

Schwinn: Yes, it’s just the proficiency which is just one component of the overall.  So we did see more schools having positive impacts based on the multiplier.  We did want to provide that information as requested.

Reyna: 141 out of the 149 elementary schools increased as a result, would have increased as a result of this.

Gray: One question about the plan that’s in effect for this accountability year, right, so what happens if a school has to develop a plan, or a template for a plan?  So what happens to the plan?

Schwinn: The school will be given a template.  We are trying to keep it compacted based in the information we have shared earlier which is essentially: what was your participation rate, what were either your theories or proof that would constitute being below 95%, there’s a variety of reasons why that might have occurred.  Then we ask the schools to break that down so we can really get to the heart of why students aren’t participating and we have them break that down by sub-groups so that we are sure we are all appropriately testing all our subgroup students and then from there that plan is submitted to our branch.  The Office of Assessment specifically will be the ones following up on that.  This is the first year the Office of Assessment staff will be visiting every single school in the state to help support how they will be giving assessments this year.  We know there were a lot of things, a lot of questions that came up last year.  We talked about that with the Smarter presentation so our office will actually be visiting every school and we’re doing monthly visits to every district in order to support that.  So those schools that require a plan will have that direct support from our office.

Gray: And is the plan in effect?  Just for the 14-15 year?

Schwinn: It’s a one year plan.

Coverdale: Is there some sort of matrix that categorizes why a student wouldn’t have taken the test?

Schwinn: That will be a part of the plan, and we’ll be happy to supply that to the board.  You would be able to see the reasons assigned to each school where students didn’t participate and we will be doing that overall and by sub-group, for this year.

So looking at performance thresholds, I want to start with elementary and middle school.  Again, this is the similar weights we submitted in draft form in the Spring submission and then brought back to you earlier in the Fall.  But what you’ll essentially see is what the weights are for elementary and middle and the points assigned.  We didn’t…the AFWG recommended a 500 point scale but we used that scale and essentially used the multipliers with the weighting provided to get straight point allocation.  Ryan will talk a little bit about what the cut points will be so you’ll see that with elementary and middle, and then again with the high schools which is slightly different weights.

Reyna: So in setting the performance thresholds for each of the metric areas, again that’s where our focus is, not necessarily on the overall numerical score, the recommendation is that those metric thresholds, those performance thresholds, must be broken up equally across the five different categories to represent 1 through 5 stars.  We would roll up those scores in terms of rounding.  If a school is at 29 ½ for instance on academic achievement, they would be rounded up into the 2 star category so that we are recognizing that benefit, to a half point difference may not be a significant one.  So the table at the bottom of the slide is an example of what those star ratings would be for elementary and middle school with the similar rating structure for high schools as well.

We also wanted to discuss the Annual Measurable Objectives, the AMOs, as has been required since NCLB.  The US Department of Education, in the transition, recognizing the transition that many states made to ESEA adjustments has allowed states to reset their AMOs, create a new baseline.  And so this process is one in which the US DOE has requested that we submit , our process for doing so as well as the actual AMOs by January of ’16.  This is specifically for public transparency for being clear about what the state’s goals are and not necessarily as it has been in the past for determining whether or not a school met AYP or accountability.

Coverdale: How are the weights determined?

Reyna: Sure, this was the recommendation of the AFWG in how they would like to see, or how they believed, the different metrics should be weighted across the full system.  So as Dr. Schwinn mentioned, there was a firm belief amongst the AFWG members that we should place the heaviest weight on growth and the growth metrics.  And that weighting system is what was submitted in draft form in our March submission.  And then after reviewing the data, the AFWG confirmed that they wanted to stick with these weights as a recommendation and we took the weights into a direct translation of that 100 point scale.

Coverdale: The growth is weighted higher on the high school level than it is on the elementary and middle school levels.  I would think that might be reversed?

Reyna: So it is a good question.  Growth directly is weighted higher at the high school level.  But if you take into account growth to proficiency at the elementary and middle school, sort of, if you take that as another sort of growth measure, than it actually becomes more in elementary and middle.  So you see a total of 60% growth metrics between elementary and middle, we have the growth category as well as college and career readiness category.  And then high school we have growth, just the growth category.  That’s 45%.  So 60% growth metrics in elementary and middle, 45% in high school.

Schwinn: I want to reiterate this is the submission to US DOE in terms of what our proposal is.  We’ve been on calls with them multiple times cause this is a very aggressive submission in terms of growth.  But the AFWG felt strongly that these were the right weights.  Though we are pushing pretty hard to make sure this gets approved as is.  And we sent those weights in our proposal and didn’t get any pushback.  They are waiting to see the full DSSF submission in terms of some of the data from Smarter Balanced and that stuff has come in so we can run some of the numbers with DCAS and Smarter.  That being said, they are very aware this is our number one priority in terms of this system.  The group felt incredibly strongly about weights and our responsibility to advocate for that as much as possible.

Reyna: As in previous submissions, the US DOE allowed for three different options for the process which a state would set its AMOs.  Delaware has used #2 in its previous submissions and the recommendation is to stay with that.  The process being, focused on decreasing the numbers of students who are non-proficient in six years.  So that business rule would be allocated equally amongst those six years moving from a baseline to six years in the future as a way to close those gaps.  And on the next slide, you will see what, using that process, what the draft targets would be for ELA, so movement in the state from approximately 50% to 75% by 2021.  Also recognizing that some of our subgroups who start lower behind are required to make improvements at a faster pace just given the process.  And you can see that visually in the next slide where you see, I know this is difficult to read, and I apologize, but you do see that some of the subgroups are starting further behind and are catching up to the rest of the state.

Donna Johnson: And this is the same methodology that was used before in our current ESEA flexibility?  I went ahead and pulled up our existing AMOs to kind of look at them side by side and we set the baseline in 2011.  And so now this is based on a baseline of 2015 scores?  And using that same methodology moving forward?

Reyna: That’s correct.

Pat Heffernan: How close did we come to meeting it the first three years?  My recollection, vaguely, is that we weren’t really, that these are pretty aggressive targets based on what we’ve been able to do.

Johnson: I think some subgroups…

Reyna: Some subgroups have not…

Schwinn: I think that they are certainly aggressive for those subgroups that are starting out low.  Students with disabilities, for example, going from 19.3% to 59.6% is certainly incredibly aggressive.  And I think that internally, and as a state we want to be rational and reasonable about what we would expect for students or schools to grow their students on an annual basis.  If you look at other subgroups such as students either white, or Asian, there is much less growth that needs to occur.  So I think it absolutely depends, but I think they are incredibly aggressive for some of our subgroups.

Reyna: The rule is, the calculation is going to consistently…

Heffernan: Right, yeah, yeah, yeah, sure, sure, and I mean , it’s certainly our stated goal, to increase those gaps and move them, bring them together.  I just, I’m certainly not one for dropping the bar too low, but I don’t want to, get in a thing where, we know that the problem with 100% proficiency, right, is that everybody says “We can’t get that anyways, it’s all hooey”, so I, however we do this, however we monitor it, I don’t want us to get too discouraged because someone like, I don’t think…

Schwinn: I think we have a responsibility on that note to the supports provided to schools.  So the state’s responsibility to provide supports specifically to those subgroups that have a tremendous amount of growth, and the districts the same, to be able to provide support to their schools.  We’re not going to meet these goals if we don’t provide really targeted and comprehensive support to a lot of our subgroups.  Cause there is a long way to go, especially since we have that new baseline with Smarter Balanced.

Johnson: Are there opportunities as we collect more data to revisit our AMOs based upon data and student performance?

Schwinn: We always have the opportunity to resubmit or submit amendments to this flex waiver.  We also know that it is highly likely that the new ESEA bills that is going currently will be passed before the new year.  Let’s call that 60-40.  But there’s a good chance that could happen.  That creates a lot of change, potentially, to how we address this.  For now, this is consistent with what we’ve done in the past.  We felt like it was probably the most appropriate way to move forward given a new assessment, and we also recognize that there may be opportunities, especially after the second year of Smarter Balanced, to revisit based on the data we get in year two.

Gray: I think it’s important, I think that, I guess, the methodology is as good as we can probably get it, but I think the consistency in terms of monitoring is “Are we making progress?” and the conversation should be on are we moving in that direction or not and the endgame is always for us to try to go back cause the baseline has been reset given that we are using the Smarter data versus where we were with the 2011 baseline, which I think is DSTP data.  I’m sorry, DCAS data.  The reality check there is that we had a higher baseline, actually, right?  And we were probably giving, really, a falsehood in terms of where we really were actually at with students proficiency relative to where we want them to be for the  college readiness perspective, right, so a 64% opposed to a 50.5% for all students, so that shift needs to be a reality check for us.  The other piece is, this method does say that we will close the gaps, right?  It’s not closed as in no gap, but we are closing the gaps.  That is the intent.  Cause I keep looking at almost by half in some cases.  If you look at the white students versus African-American students it goes from 25.7% to I think 12.9% or something, so that in itself is a very appropriate goal for us to go for, it shouldn’t be any less than that.  It shouldn’t be less than that.

Schwinn: We certainly always want to see gaps close because our lower performing sub groups are doing significantly better as opposed to seeing our highest performing subgroups doing either worse or (?) we want to get better.

Gray: And I think that formula allows for (? mumbles) I think the challenge, Ryan has given this to us a few times, is there enough methodology approach to say this is better.  We have yet to figure that out.  Maybe that’s a trust we need to try to bring in.  But I think it’s a reasonable one, but I don’t think the goal should be any less, regardless of…

Heffernan: I hear you, and again, some of these make more sense than others.  I just don’t want us to feel like, and to Dr. Gray’s point when she said, making progress or moving in the right direction, I don’t, I don’t buy that really.  It’s not just getting a little bit better, we’ve gotta make appropriate, I, if we set something that’s impossible to reach its just discouraging.

Gray: And then the other piece that’s tied into monitoring.  There are gonna be some individual schools and/or aggregate of schools, that will do much better than this.  And I think we need to make sure we always highlight that relative to the aggregate.  There will be some schools that we know, they have literally closed the gaps within their buildings, it’s not…

Heffernan: They’re not even here now…

Gray: I think that’s part of the conversation, it is possible, right?  If one or two schools can do it, many schools can do it.

Heffernan: Right, I totally agree with that.

Coverdale: I just, big question is how do you close a gap without having more on the upper end, the echelon of, flat money? (not sure, Coverdale speaks very low and it is hard to hear him in the audience so the audio recording isn’t a shock).  If one or two aren’t learning than it just become a perpetual gap.

Gray: I’ll let the experts speak on that.

Heffernan: Everybody has an upper trend on that graph.  It’s just some are steeper slopes.

Schwinn: Yeah, so you’re going to have a steeper slope for those students who are currently lower performing, specifically, our students with disabilities, low-income, African-American, Hispanic-Latino, are starting at a much lower baseline so they are gonna be required to jump by 5,6, or 7 points each year as opposed to our Asian and white students who are gonna be required to jump 1 to 2 points each year.

Coverdale: So is there someone in the classroom saying “Hey, African-American student, this is what you’re gonna have to deal with?”  Is there like an African-American student group?  Do you know what I mean?  That’s the kind of granular focus that we need to happen in order for some of this to come to fruition by 2021.

Schwinn: I think we are seeing with our districts, we just finished our end of year meetings with our districts, we are starting our middle of the year meetings with our districts, a lot of the conversation is really focused on how are you allocating your resources to really target those groups that need additional supports, and how as a state can we provide you with even more supports, whether that’s financial, or capacity, to target some of your lower performing subgroups.  So those are ongoing conversations and what we’re seeing is a lot of districts are really looking at school level and even student level data around how to target more efficiently their dollars and resources.

Heffernan: But are we sending mixed messages?  So that we looked at how we are splitting up the growth and weight, all those things, right, is the growth reflecting these slopes?

Schwinn: The growth on DCAS?

Heffernan: The growth targets that we’re giving people, growth proficiency and all those things, right, this isn’t growth proficiency, that’s not even growth, right?  So on one hand we’re saying the school is growing, we’re going to give you credit for growth, but on the other hand we say these are what our system goals are for growth and I suspect that they’re not really aligned.  You could give us a school that is doing reasonably well in growth targets and are not living up to this.

Schwinn: This is essentially improvement, right, so we’re looking at just a standard baseline improvement for something like an AMO, but I think when we’re looking at growth it’s a much more complex function.  We’re taking into account prior test history, we’re looking specifically at cohorts of students, this is,  essentially, we have to create a straight line of slope as we’re looking at an improvement from year to year as opposed to looking at aggregate growth.

Heffernan: But the cohorts are included in here, a successful cohort growth is much more based on our historical…which we’re not doing anywhere near this, so we would be exceeding our growth targets and coming nowhere near meeting our AMOs.

Schwinn: Yeah, I think it’s gonna vary pretty significantly by school, but I that is absolutely a possibility.

Johnson: The AMOs are something that we report for all subgroups but I did not see that the AMOs were specifically referenced in the DSSF.  So this is a separate report than the DSSF.

Schwinn: Schools will not be rated based on this.  This is something that we are required to publicly report, but they won’t have any of their ratings based on the DSSF impacted whether or not they meet these targets.

Heffernan: I guess the feds are making us do this, but I don’t really buy into it, and we’re not really growing on this goal.  Because the whole system isn’t pointing towards this, we’re not driving this at all, it’s completely separate conversation, we did what we did, sort of, our growth targets are based on what we’ve always…, this is one of my big beefs.  Our growth targets are what we’ve always done, right?  My growth target would be based on, kids like me, how much did I grow, and how much did they grow last year, and if I grow that same amount, if I grow less than that same amount, than I can still easily meet the targets, right?  But overall we’re saying that we gotta bring the targets, the bar, we would never, I just don’t think the system is geared towards producing these results.

Coverdale: (mumbling again) How would the growth trajectory for African-American students be different, and I’m in the same class as these whites, and Asians, and everyone else.  I’m doing the same thing but I grow more, at a higher growth rate than everyone else.

Schwinn: I think that would get into some of the differentiation and instruction that teachers have to do and I think that teachers are, their job gets harder more and more every year, and things are being asked of our educators and they are doing a tremendous job in meeting the needs of individual students, but you’re right, there’s gonna be different growth expectations for different students in your class, and I think, I would say that we are happy to publish these targets, and separately say that we really stand behind the work of the AFWG in terms of really prioritizing growth in a more meaningful way than some of our subgroups formally…

Coverdale: (mumbling) by 2021…

Gray: I think the aggregate conversations are difficult, like this AMO one, and so, federal mandate or not, I think in the spirit of multiple measures, these should be trending in the same direction.  From a growth to proficiency, or a DSSF perspective, centered around that, or these aggregates, but we look at this whole population of 130,000 kids, where with the DSSF were really targeting accountability in our schools in terms of that calculation.

Barbara Rutt: But I would say still, in this conversation and not to get philosophical, but when you talk about multiple students in one classroom this whole concept of personalized learning and how do we get out of that expectation gap.  Cause we have evidence that the gap is closed at certain buildings and at certain at-risk schools so all of this is really possible.  It’s just a matter of how you close the expectation gap as well as actually put the personalized learning into play, and how you give more ownership with that learning, or shared learning, at the student level.  So I think that’s part of the conversation we’re struggling with and half of it is as much to do with policy as it is what is actually the relationship that is happening in the classroom.  Cause we have buildings, we have gaps close, we have schools around this country where there are no gaps, right? So we know that it is possible even if we got these aggregate AMOs or whatever, we got the DSSF which is getting down to the next granular level, like this is what needs to happen at that more intimate level, we got class change, so it should all be going in an upward direction.  As a pass point, it’s going to be very difficult for us to get our actual measures to line up with something at the Federal level cause its hard to serve millions of kids at the personalized level that you need to do, right?  Versus what we would do in Delaware.  So that’s where I am, and let me know if the measures are doing good.  I think it’s really worth the conversation.  They’re all doing that, even if…

Heffernan: The growth measures doing this, there’s no slope…

Gray: AMO? Is that what you’re looking at?

Heffernan: No, I’m talking about the growth of the DSSF.  How about a zero slope, right?  We’re talking about low growth targets or what we did last year, aren’t they?

Gray: No, I see why you’re confused.

Reyna: We moved away from the growth targets at the school level.  Its focused on the aggregate of student growth , there’s no longer a target of other than growth to proficiency is are you…

Heffernan: Growth to proficiency, I got that, yeah

Reyna: The growth targets that are part of the teacher evaluation system are slightly different than the way in which growth is calculated on the DSSF and we plan to discuss that, I believe…

Johnson: Yeah, so we’re not looking at student growth target, as we used to look at when we had the DCAS broke down, but we are looking at that Spring to Spring growth model and looking at it as a school level growth rather than…

Heffernan: But what is the goal of growth?

Johnson: Then you’re looking at the aggregate of, you know, with the conditions around it, did it grow more than the expected growth value of ones like it, and that’s where we use multiple levels of data.  That’s what you’re getting at, in terms of saying, are we seeing growth expectation based on multiple years of prior data, but we are looking at prior years of test data, not just prior years of that grade, which is what we have done before.  Ryan can explain it much better.

Heffernan: I won’t , but I guess, if the target is going to be aggressive in some cases, but on the other hand I think, well, I’m looking specifically at students with disabilities so that’s…

Gray: I gotcha…

Heffernan: We don’t want the target to be what we’ve always done. But I think we understand we need continuous improvement.  If we feed that correctly in there, if we align…I was just questioning that.

Gray: I agree with you.  I think that students with disabilities has always been one of the painful, realistically “How are we going to figure out that one?”  Not only realistic…

Heffernan: Not that we don’t need to do it.  You’re not going to see anyone think we need to do it more than I do.

Gray: I think it’s also worthy, cause it’s confusing Ryan, around the growth targets, and I think I have it in my head, I think that’s really where we were a few cycles back?  So we will always need to refresh our…

Reyna: Happy to do that…

Gray: Growth model.

Nina Bunting: Would you bring me up to date please, cause I wasn’t here in the Spring.  I just have to ask if there are stakeholders out there that feel their recommendations have been dismissed, what about this plan addresses that?  Have their recommendations been dismissed?  Or have you actually addressed those recommendations and incorporated them into the plan?  Because there are people who are very, very concerned.

Schwinn: Are you speaking specifically about the participation rate piece of the DSSF or the AMOs?  I can address both actually.

Bunting: Yeah.

Schwinn: Great.  So one specifically, and I should have probably stated this earlier, the pieces on the AMOs have not gone to DESS, they will go to DESS, a lot of the changes made, will go to DESS in December.  So they have not looked at that specifically.  We are looking at this participation rate discussion.  The recommendation of the AFWG has not changed.  Their recommendation was to do a plan as a primary consequence.  After discussion, and meeting at the retreat, from last month and this month, the recommendation of the Secretary is to use the mulitiplier.  I want to be clear that was the recommendation of the AFWG.  I know that in conversations we were looking at a multitude of input, and the recommendation put forth by Secretary Godowsky in terms of the participation rate.  The AMOs are put forth by the State and we decided because it was a new assessment we should move forward with what has been consistent in prior years.

Reyna: The rest of the plan with all the rest of the DSSF is based on the recommendations of the AFWG.

Schwinn: And the refresher from the Spring, around what kind of stakeholder engagement has been, the other big conversation has been how do you represent the data?  And one of the things we did, we did a series of focus groups that were facilitated by the University of Delaware, and then did a very brief, very fun, pick your framework that you like, the layout that you like.  The feedback that we got was that people didn’t like the layout, any of the options.  There were rocketships, and I think, grades, etc.  So we went back and looked at stars and that’s how we got the star system which was a compromise on that.  We have taken the majority of the feedback, especially from the AFWG, which has met over 16 times over the last 15 months…

Bunting: So you did take their recommendations?

Schwinn: We’ve taken a majority of their recommendations.  I just want to be very specific that there were the recommendations that were on the previous slides where they wanted the plan as the consequence for participation rate.  That was the recommendation, the recommendation in front of you is the multiplier.  But we’ve definitely been…it’s been a lively and engaged group in terms of the recommendation, but the majority of the recommendations have been taken.

Heffernan: What that process was, the group made a recommendation and not a decision, just as often we do with the Secretary around charter schools or whatever it is, the groups come in, and at the end of the day somebody weighs multiple views …

Schwinn: And there are many groups who provide that input and feedback.  The AFWG is the organized group that meets regularly but I certainly know that there are a variety of emails that have been sent to our Accountability email address and all that information is provided as part of the record.

Gray: Yeah, part of this conversation, I think we were 9-10 times on record having this discussion from the very first presentation, which was in March, April, I don’t recall, and much later in the year, so the DSSF component presented in the earlier charts, that kind of outline of A and B and the weights, that has not changed over time, and that came directly from the conversations.  And the whole participation rate, which has been the most robust conversation, that did come back to us initially last April, May (it was March Dr. Gray), it may have been earlier, March, April, the participation rate.  And then what came after was at the end of the AFWG conversations and that was probably the last, if not, one of the next to last sessions I was able to sit in around the conversation of having ratings, and the stars, that came out of that deal, and now we are at stars, versus having an overall rating, and the compromise around having stars as overall ratings, so that was the big one.  And the participation rate, what we actually said in that conversation, and now with the recommendation from the Secretary, was that, you know, the participation rate really does, we wanted a balance of that conversation, so at 95%, left at 95% with the multiplier, we also asked for the upside of that, so if when were above 95%, they get the same upside, an uptick, so we really wanted that balance…

Heffernan: And more schools were given the uptick than the down…

Gray: More schools were given an uptick, cause we really did not want to have a conversation as a one-way consequence, the actual definition of consequence, positive and or negative, is actually the conversation…

Dr. Steven Godowsky: I want to make some comments.  On November 17th, last Tuesday, we had a meeting of the AFWG to discuss the rationale for the modification of the plan so we did bring the group back to their 17th meeting to have that discussion.  I also want to say that the AFWG did, in my opinion, settle on the most important measurable outcome, and that’s the whole idea of a rated growth.  And that is probably the fairest to all schools, and the best measurement for a direct effect of teaching.  That’s where we can make a difference and that’s where we have control over that.  So I think they did absolutely the right thing on that.  And so the fact that has the most value, it belongs there, in my opinion.

Gray: I agree, and I appreciate that, cause growth is where we think the conversation should be, you know, for struggling students and those that are excelling, if we have them in our midst of a K-12 place, we want to see growth.  And  you talked about, there couldn’t have been more alignment, between where the Board is, and the Secretary, and where the AFWG is on that.

Reyna: So last, and you have the Math targets.  Similarly, it’s in process.  Last piece is next steps.  As Dr. Schwinn mentioned, we’ll be submitting, upon assent of the Board, so upon submitting final documentation to the US Department of Education next week, essentially before Thanksgiving, and then would wait for their response.  Certainly our expectation is, there is a lot of transition at the US DOE right now and with the holidays coming, I don’t necessarily believe we would be able to get that before Christmas for instance, but sometime in the early 2016 timeline and then from there the commitment is, again, to update and resubmit Regulation 103 within sixty days of approval by the US Department of Education, with public comment, at which point would then come  back to this Board for discussion and ultimately, action.

Gray: And when do we expect to hear back from US Ed?

Reyna: It would be great if it was before the end of the year, but likely, January, February timeline.

Schwinn: They committed to four weeks, but I don’t think that is taking into consideration that we’re going to have a new Secretary of Education (at the US DOE) there, so our expectation is sometime around the week of January 10th.

Johnson: And then once final approval is received, the Department would then begin re-revising Regulation 103 and we would have sixty days to promulgate those revisions and bring that back before the board for discussion and ultimate action.

Gray: Okay.

Schwinn: Are there any questions?

(none)

Gray: So the Department of Education seeks approval of the ESEA Flexibility Waiver application revisions as outlined in this presentation.  Is there a motion to approve DOE’s ESEA Flexibility application revisions?

Coverdale: So moved.

Gray: I do need a second.

Heffernan: Second.

Gray: Thank you.  Any further questions or discussion?

(none)

Gray: All in favor, indicate by saying aye.

Gray, Heffernan, Coverdale Rutt: Aye.

Gray: Any opposed? (none) Abstentions?

Bunting: Abstention please.

Gray: Motion carries.  Alright.

Johnson: Could we elect to do a roll call?

Gray: Sure

(roll call given, same result, Whitaker and Melendez absent)

 

And with that, the Delaware State Board of Education passed the opt-out penalty in the Delaware school report card.  What makes this all very interesting is the fact that two of the participants in this whole conversation will not even be at the DOE by the end of the year.  Two of the individuals are resigning from the DOE.  Penny Schwinn and Ryan Reyna are leaving.  A very important fact to make note of here is the timing on approval of this ESEA waiver application.  The DOE can not submit Regulation 103 until they get approval from the US DOE on this.  At that point, they have to redo Regulation 103 and it won’t be voted on by the State Board for at least sixty days.  Which gives the 148th General Assembly more than enough time to override Governor Markell’s veto of House Bill 50!  And with that, I will bid you good night.  Stay tuned (literally) tomorrow for the most offbeat post of the year, possibly my lifetime.  I know one person who will definitely want to see this!

 

DOE’s Last Gasp In Fighting Opt-Out Is Resulting In Games And Lies Coming From Markell’s Favorites

Matthew Albright with the News Journal wrote about the betrayal and backstabbing by Secretary Godowsky and the Delaware Department of Education yesterday.  I have to wonder if that story would have come out two weeks from now had I not broken the news last night…

The whole article is chock full of lies as the REAL story is coming out.  I’ll get to the REAL story shortly, but some points I want to make from the News Journal article.

That’s a harsher penalty for schools with low participation rates than a panel of administrators and teacher and parent advocates recommended.

Let’s take a good look at this.  Because in the eyes of the DOE and the State Board of Education, the only voices that mattered in this charade were Donna Johnson, Penny Schwinn and Ryan Reyna.  Johnson is the Executive Director of the State Board of Education, and she has been calling the shots in the House of Jack for far too long.  She advises the State Board what to vote for, and she sits on these committees and work groups all the time.  I won’t get too much into the machinations Johnson has been up to as some are still under investigation.  But it is past time Donna Johnson was removed from power in the Townshend Building.  As for Schwinn, she smiles a lot and talks the big talk, but I have no doubt she formed this work group for the sole purpose of making it look like the DOE gave a crap about stakeholder input.  Reyna is the wild card, the guy who answers to Schwinn and does whatever she wants.  All three of them- Johnson, Schwinn, and Reyna- have been giving false advice to not only the AFWG, but also to the State Board and Secretary of Godowsky.

State officials say the penalty is a fair way to make sure every student’s academic progress is considered when sizing up a school.

I’m calling bullshit on this one.  The penalty is so the DOE can punish schools for a parent’s decision.  And it is the DOE sizing up the schools and casting their judgments on them.  And this is the infamous “Accountability 2.0” I wrote about earlier this year which came from an email at the DOE from 2013.  The DOE has been planning this Delaware School Success Framework for years.  The legislation they had to plan in April of 2015?  That is Regulation 103.  It got pushed back about six months, but make no mistake, it was all for this school report card crap.  And implementation of the school report card?  That takes place in the 2016-2017 school year.

The federal government requires states have an accountability system, and it requires that test results make up a significant part of the score. It also requires “consequences” for schools that fall below 95 percent participation on the state test.

Do some fact checking on this one Matt Albright!  Did the Delaware DOE tell you that, or did you actually contact the US DOE for that information?  In the Elementary and Secondary Education Act (ESEA), it does state schools must have a report card.  The ESEA was passed by Congress in 1965.  It has been amended several times, but since President Obama came aboard, the Feds have played a heavy hand in education with non-regulatory guidance.  Which is NOT Congressionally approved.  The US DOE knows damn well what kind of game they are playing here.

The group recommended schools that fall below 95 percent should be required to submit a report explaining why that happened and how to improve participation – and should be ineligible to receive certain honors from the state.

Here is where the DOE’s argument falls apart.  The day the Accountability Framework Working Group (AFWG) approved this unanimously, Penny Schwinn explained to the group that Governor Markell gave certain options as penalties for the participation rate.  This was one of the options she proposed by the Governor.  The very next day, at the DESS Advisory Group, Schwinn explained that she talked to Governor Markell the night before, after the last AFWG meeting, and he was okay with the group’s recommendation.  So what changed in a month?  Meanwhile, the trio of Schwinn, Reyna and Johnson have been telling folks schools will lose Federal funding if the participation rate goes below 95%.  Which is an absolute lie.

And then the DOE’s Public Information Officer chimed in (who used to write for the News Journal):

“The state feels this is a fair proposal that takes into consideration participation, crediting schools that that work to ensure every child’s learning growth is considered,” May wrote.

Yes, the “that that” was in the article.  When May says “the state”, who is she talking about?  Donna Johnson?  Ryan Reyna?  Penny Schwinn?  Jack Markell?  Secretary Godowsky?  The DOE and Governor Markell are not “the state”.  “The state” is also made up of educators, parents, legislators and citizens.  I’m sure if a vote was taken right now, the entirety of “the state” would not agree with this.  First and foremost, it is bad policy, and second of all, it has Jack Markell’s stink all over it.  This is his way of leaving his legacy of hate for any who would stand against him.

She also points out that parents would still be able to see the school’s unadjusted performance when they get their “report cards” in the mail or online, but the overall component that measures academic performance would be lowered.

This is the DOE’s way of saying “Hey, you parents who opted your kid out, look what you did. This is what it would have been had you not opted your kid out, but because you did this is causing your kid’s school to look bad”.  It is a slap in the face of parents and their rights, and a kick in the back to the schools who aren’t allowed to encourage opt-out.

The Delaware State Education Association had a representative on the working group, and its president, Frederika Jenner, said the education union stood by its recommendation.

Really Frederika?  You might want to talk to your director and your AFWG rep, cause I’m hearing talk coming out of the DOE that they both support this opt-out penalty.  More on that one later.

State officials, however, maintain that the penalty isn’t related to opt out.

This is the biggest joke of them all.  Participation rate IS based on opt-out.  If it isn’t about opt-out, what the hell is it about?  You are lying through your lying little teeth DOE.  You lie when you don’t even have to.  You are a Department of compulsive liars.  Shame on you for abusing authority like this and lying to parents, students, educators and the citizens of Delaware.  Shame on you!  You all hate opt-out because you know it is the only mechanism left that can and will put a stop to all or your crafty plans.

As for Secretary Godowsky… if you honestly believe everything that has come out of the mouths of Johnson, Schwinn and Reyna, you are unfit to be the Delaware Secretary of Education.  I know of many conversations you had today with things that are not even in this article in an effort to put a lid on this quickly.  Where is the whole part about the Smarter Balanced Assessment going away for juniors because of the SAT which is being realigned to become SBAC Jr.?  How about the part where the participation rate for the SAT is 100% because Delaware used Race To The Top funds to pay for that and paid for every high school junior to take it?  But now those funds are gone?  Buries that argument real quick!  Or the part where certain people at DSEA and all the Superintendents of all the districts are behind this because of the very faulty SAT argument which only accounts for high school juniors?  I’m also hearing those state superintendents were not happy at all about this total ignorance of the AFWG’s recommendations.  So which is the real story Secretary Godowsky?  The fabrication of lies in the News Journal, or what you are telling other folks?  It sounds to me like you are lining up all the stakeholders and playing them against each other.  Shifting blame and collaboration to appease the complaints you got today.  Sorry Secretary Godowsky, I know you have your defenders, but all your effort and lip service to making the DOE better fell apart in a week once your were confirmed by the Delaware Senate.

And Jack.  Jack Jack Jack…  Don’t think you are just sliding out of this one.  No way!  Your dirty fingerprints are all over this one.  We all know these underlings of yours don’t breathe sideways unless you give them your dictatorial stamp of approval.  Once again, like you did when you came up with your rebuttals against opt-out and vetoed House Bill 50, you are disrespecting parents and their rights.  You are allowing YOUR Department, your education governance system to LIE to the very people you are sworn to represent.  You are not an honorable man.  You are duplicitous and slimy.  I have no doubt you will continue to destroy public education and Pompeii the whole thing before you leave office.  This is your payback now.  Your small, petty and vengeful payback against those who would dare to stand against the almighty Jack Markell.  But you will lose on this one Jack.  Make no mistake.  This will be rectified and course corrected, and soon, you and your little regulation raiders will be gone and your legacy of shame will go down in the history of Delaware as one of the worst governorships the First State has ever seen.

Secretary Godowsky Stabs Schools And Parents In The Back With His Cowardly Move

At the State Board of Education Fall Retreat today in Dewey Beach, Dr. Steven Godowsky made his first big move as Delaware Secretary of Education, and it was not a good one.  I have been writing the past couple months about the Accountability Framework Working Group and the Delaware School Success Framework.  At their last meeting in early October, the group unanimously agreed not to have opt-out penalties where the proficiency rate of a school was multiplied by their participation rate for the school report card.  They agreed to a lesser penalty whereby the school would have to write a report about how to improve the participation rate and no school could earn a status of “reward” school if their participation rate fell below the 95% mark.

Today, Dr. Steven Godowsky undid all the work this group did, their 14 months of meetings and discussion, and overrode their recommendations.  That’s right, the same guy who told the New Castle County school boards at their  combined school board breakfast just two weeks ago:

“It’s not a final decision, but it looks like from all levels of the department…that harsh sanctions will not carry the day,” he said. “There will be minimum sanctions that are required.”

So what made him override this?  Looks pretty easy to me: he got confirmed by the Delaware Senate last week.  If I had to guess, if he came across as the tough guy the Senate would have pounded him.  I never thought I would say this, but thank you to Senators Greg Lavelle and Colin Bonini for saying no to this guy getting confirmed.  All his lies about being more transparent and communicating better with the public.  He just gave the middle finger to the public school system and parents in Delaware by doing this.

Godowsky is a water carrier for Governor Markell and his buddies at Rodel.  He is NOT his own man, and he is a coward.  He met with members of the Delaware Senate before his confirmation to talk about the changes he wants in the DOE.  He will make no changes without Jack Markell whispering in his ear, I can guarantee that!  This jacked up move of his assures the State Board of Education will vote on this and pass Regulation 103 which will put this into the books at their November 19th meeting.  And now schools will be coming up with even more nonsense concerning opt-out of the Smarter Balanced Assessment.

Delaware Parents: Just refuse the test now.  Do not lie down and let this happen.  Let’s beat New York’s 20% opt-out rate, and get it up to 50%, or higher!  The only way this cockamamie test is going to go away is unless we MAKE it happen.  That’s right, We The People!  I was starting to believe Godowsky’s line of crap about making things better.  I know he has his defenders, and I’m okay with the heat I’m about to get, but this man is a liar!  He is worse than Mark Murphy, because he does have the experience, and he is still okay with putting the screws to the public school system.  And he used to run a few of them!

If the 148th General Assembly doesn’t override the House Bill 50 veto by the equally cowardly Governor, there is going to be hell to pay for those who say no.  And if the leaders don’t even let it get to a vote, they will NOT be re-elected.  I will make damn sure of that!  We have all been victims of Jack Markell for far too long, and now he is on the cusp of completely destroying parental rights and the voice of educators.  The State Board is in Markell’s pocket just as much as Godowsky.  So we need to strike NOW!

Email your legislators today and start pounding the State Board of Education right away.

Las Americas Aspiras Lies To Parents About Opt-Out & Federal Funding Cuts

Unbelievable.  Just when I thought I had seen it all.  Las Americas Aspiras has never been on my radar for anything.  Tonight I learned their Head of School, Margie Lopez Waite, is telling parents through their PTO organization the school would lose ALL federal funding if they don’t hit the 95% participation rate for the Smarter Balanced Assessment.  This is a complete lie, and she knows it.  Need proof?  Here it is:

lasamericasaspiras

For parents of children who go to this school.  If you want to opt your child out, go ahead and opt them out.  200,000 students opted out in New York last Spring.  Do you know  how much Federal funding got cut from those schools? Zero.  Not one penny.  Schools are obligated to make sure THEY do not opt kids out.  There is absolutely nothing in the law that states parents cannot opt their child out.  It is your Constitutional right.  This is a bullying tactic by charter schools and certain school districts in Delaware.  The DOE tried this last Spring, and I called them out on it.  Governor Markell has tried this as well.  Didn’t work then either.  Now what a charter may lose if too many students opt-out is bragging rights.  That’s right, your child has become not only a victim of standardized testing madness, but also bragging rights. Newark Charter School sent out an email within a day after the Smarter Balanced results came out about how great they are.

Delaware parents, especially those who have students in charters, a school cannot kick your child out if you opt them out.  They cannot make your child take the test.  Anything they do as a result is retaliation.  Which you have many legal rights to protect you and your child.  Let them say no.  Let them tell you why you can’t opt your child out.  But if you want your child to be opted out, do it.  Stand your ground and educate other parents about their rights.  As well, contact your legislators to override Governor Markell’s veto of House Bill 50 so our schools don’t spread lies like this and bully parents into having their kids take a test they don’t want their child taking.

This test has NO bearing whatsoever on your child.  It is not counted for retention.  A school cannot legally make your child go to summer school if you opt them out or your child does bad on it.  They cannot make your child spend Spring Break on test prep.  If they are telling you this, they are way out of line.  Let your child be a child.  Not a guinea pig.  Let them enjoy their summer and Spring Break.  They were designed for that purpose!  But whatever you do, do not let ignorant school leaders tell you what you can and cannot do for your own child.  Shame on them!  They can and should know better.  What message is that sending about your school leadership capabilities if you are blatantly lying to parents?  REFUSE THE TEST!

Updated, 8:51pm: I just sent the following email to Margie Lopez-Waite at Las Americas Aspiras-

Opt-Out and Truth

From: Kevin Ohlandt <kevino3670@yahoo.com>
To:
“margie.lopezwaite@laaa.k12.de.us” <margie.lopezwaite@laaa.k12.de.us>
Sent:
Tuesday, November 3, 2015 8:40 PM
Subject:
Opt-Out and Truth

Good evening Miss Lopez-Waite,
I wanted to contact you in regards to the horrible lies parents of children who attend your school are being told in regards to opt-out of the Smarter Balanced Assessment.  As you know, Federal funding threats have NEVER been used against schools for not meeting the 95% participation rate for state assessments.  The law is written so that schools do not opt-out kids, not parents. 
Please contact all your parents and let them know the truth about this so they can make informed decisions without complete falsehoods.  I have already written about this tonight on Exceptional Delaware, but to ensure all parents know the truth, please send out a reply to the school’s PTO generated email that went out to all parents.  Thank you.
Respectfully,
Kevin Ohlandt
Exceptional Delaware

Delaware Receives Extension Of Time On ESEA Renewal Waivers

The United States Department of Education granted Delaware an extension on their latest Elementary & Secondary Education Act (ESEA) Renewal.  The deadline had been October 31st, but the Delaware DOE was granted a reprieve until November 24th.  This will allow the State Board of Education to vote on the Delaware School Success Framework (DSSF) which is the only pending item from Delaware’s ESEA Flexibility Renewal originally approved in July.

The DSSF gained quite a bit of controversy when this blog revealed to the public there were plans to have harsh penalties to Delaware schools if they missed the 95% participation rate based on opt-out of the Smarter Balanced Assessment.  The Accountability Framework Working Group met in September and October and the group opted for the participation rate penalty of no school being a Reward School if they did not meet the 95% threshold.  As well, schools must write a report to the DOE on how they plan to get the participation rate back up.  A high school in Red Clay had 40% participation with high school juniors.  The prior penalty had the proficiency rate of schools multiplied by the participation rate.

This could still happen if the State Board of Education, who has the final say, votes for that part of the school report card.  The State Board of Education meets on November 19th.  Public comment will not be allowed on this due to it being an action item for the meeting.  The new Secretary of Education for Delaware, Dr. Steven Godowsky, said he doesn’t think the multiplier will be approved by the State Board, but he did not come out and say this as a definite.  The DOE claims they MUST have some type of punishment, but this is highly controversial based on the US DOE not having this written as a law or approved regulation.  The US Congress has never approved anything of this sort.

If the State Board does pass the multiplier penalty, look for the DOE and State Board getting a ton of grief.  In the end, the final say is actually Delaware Governor Jack Markell.  The Secretary and the State Board are appointed by Markell, and they “serve at the pleasure of the Governor”.

American Institutes for Research Screwed Up Mailing of Numerous SBAC Scores For Families In Delaware

Last night, a presentation on the Smarter Balanced Assessment results was given to the Christina Board of Education by Dr. Dan Weinles, the Supervisor of Assessment, Research & Evaluation for the district.  It was revealed that Delaware’s testing vendor American Institutes for Research royally screwed up on mailing the test scores to well over 1,000 families just in Christina alone, and probably accounts for well over 10,000 families in Delaware if the same mistake occurred statewide.

NOTE: The State Department of Education’s (DE DOE) test vendor (AIR) did not include apartment numbers in its mailing list. As such, many Smarter Assessment parent reports have been returned by the US Postal Service. To date, the Christina School District has received well over 1,200 returned reports. The DE DOE retrieved returned parent reports on Friday, Oct. 9, and the test vendor has committed to re-mail these reports with corrected addresses.

For a company that is so obsessed with proficiency, that is a huge and colossal mistake on their part.  But it isn’t just AIR that screwed up.  Christina reported there were numerous issues with the DOE’s reporting of participation rates in Christina.  Which I find ironic since Penny Schwinn said the DOE “rounded up” the participation rates as much as they could.  Did the DOE intentionally try to make Christina look bad? Again?  You can read the full presentation below:

Breaking News: Delaware DOE Wants To Add Charters To Priority & Focus Status In ESEA Waiver Request

The Delaware Department of Education just announced, at the Delaware Education Support System (DESS) Advisory Committee meeting, that they will be adding to their ESEA Flexibility Waiver that ALL public schools in Delaware will be given the same label system that is currently reserved for traditional public school districts.  These labels include “Priorty”, “Focus”,  and “Focus Plus”.  Currently, only traditional school districts are included but this would now include Delaware charter schools.  This would not include “Action” and “Watch” schools.  No discussion occurred in regards to funding for these schools.

Yesterday, at the Accountability Framework Working Group, the members discussed this idea and Penny Schwinn stated she would check on this.  Last evening she discussed this with members of the Governor’s staff and this will be added to Delaware’s ESEA Flexibility Waiver.  I’m not sure if the Delaware DOE and Governor Markell’s office have thought about needing public awareness of this as well as a public comment period.  Since Delaware has to hand in their updated ESEA Flexibility Waiver by October 31st, that leaves very little time for public comment.  This is not the same as Regulation 103 for several reasons.  This hasn’t been included in Regulation 103 at this point.  Regulation 103 will tie whatever is approved in the ESEA Waiver Request into State regulation.  Schwinn did state no priority or focus schools will be named in the next three years, so even if the charter addition is approved by US DOE, it wouldn’t happen until Fiscal Year 2019 at the earliest.

I am personally against this whole “labeling” system to begin with.  It is punitive in nature and severely disrupts education.  Making this happen for every school in the state could be very damaging to an already weakened traditional school district system.  This will just make charters that serve high populations of low-income, minority and special needs populations vulnerable to the same damaging effects other schools have gone through.

I asked Penny Schwinn at this meeting why are beholden to Federal “Guidance” from US DOE that is non-regulatory and does not have Congressional approval.  She flat-out answered that US DOE wouldn’t approve our ESEA Flexibility Waivers and we would fall under No Child Left Behind mandates.  Call me crazy, but I think we should call their bluff.  Nothing will change if everyone bows to the feds and says “Yes, we will do whatever you want.”  State Board of Education member Pat Heffernan said it best when he called these “Inflexibility Waivers” at last month’s State Board meeting.

Everything is tied together and it all revolves around the Smarter Balanced Assessment.  This is all under the direction of Governor Jack Markell.  He has sacrificed the public school education and the well-being of students all for the glory of high-stakes testing in the form of the Smarter Balanced Assessment.  It is time for Delaware to decide: do we live in Delaware or Markellaware?  Or is it all just Rodelaware?  I know I sound like Chicken Little all the time with my “the sky is falling” comments, but take a look around you.  Look at everything that is going on, in just the past month alone.  Local control is evaporating by the day and those pieces are gone before anyone realizes they are missing.

Penny Schwinn did go over the participation rate penalty part that I discussed yesterday from the AFWG meeting.  She said the Governor is okay with the option the group picked, whereby the school has to explain what they are doing about opt-out to the DOE and no school below 95% participation rate could be labeled a reward school.  I asked her point blank what changed in the past 24 hours since yesterday it seemed Markell wanted the proficiency rate multiplied by the participation rate option.  She said he was favorable to other options but preferred the infamous “#3” option.  This portion of yesterday’s meeting was not discussed by DOE to the DESS Advisory Committee until I brought it up.

AFWG & Penalty For Participation Rates Still Alive While DOE Racks Up More FOIA Violations

Before you read this, you absolutely have to read State Rep. Kim Williams breakdown of their last meeting.  This is essential!

Okay, welcome back.  The Accountability Framework Working Group met last week for their second to last meeting.  Their next meeting will be on October 5th at 1:00pm.  I put all the notes from their first 11 meetings here and they have since updated the DOE website to include the notes from Meetings #12-14, and Agendas for #14 and #15.  Keep in mind the notes were written by the Delaware DOE.

Meeting #12 happened the same day I broke the news about this group and the whole participation rate thing.  I had not delved too deep into it at this point, and it would stand to reason the meeting happened around the same time as my article went up that day.  The key part from this meeting is this:

…as well as ensuring that schools with significant achievement gaps in ELA and Math proficiency and the four-year graduation rate do not receive the state’s highest rating.

Of particular interest is this part about what is required under ESEA and what constitutes a school getting the highest rating.  This will play a huge part later on in this article.  This meeting also had the first mention of Regulation 103 which had already been submitted to the Delaware Register of Regulations at this point.

Meeting #13 was held on September 2nd.  I don’t know how many members of the AFWG were aware of my articles on this group at this point, but I know for a fact at least three of them were.  Nothing was said about participation rate or Regulation 103 at this meeting as per the notes.

Now where things get really interesting, and nobody really knew, was the DOE all of a sudden put out an agenda for the next meeting of the AFWG on September 17th.  By state law, if you are putting out an agenda, it has to be done a week ahead of time if it is a public meeting.  This agenda was NOT on the DOE website as of 9/14/15 because I looked that day.  If you look on the Delaware Public Meeting Calendar you can see this listed as a Public Meeting.  However, if you right click on the actual PDF created by Jennifer Roussell at the Delaware DOE on 9/16/15 at 8:36am in the morning, the Delaware Department of Education violated FOIA law by not announcing this a week earlier.

The proverbial stuff hit the fan at Meeting #14 on September 17th.  This was the same day as the State Board of Education meeting and news of Regulation 103 and its implications for Delaware schools spread like wildfire prior to this meeting.

Note that the group unanimously voted down the participation rate against proficiency.  But the AFWG does not have the final say on this.  That is the State Board of Education, who had quite a bit of discussion about this along with members of the public at their meeting that day.

But what the AFWG member who spoke at the State Board of Education meeting did not say was this:

The AFWG members present unanimously recommended removing Participation Rate for the Adjusted Proficiency calculation. Further discussion on the accountability consequence for schools missing the 95% target was requested. Initial feedback supported a rule that no school could receive the highest performance rating on DSSF if they missed the 95% threshold.

Since that meeting, I requested from Dr. Penny Schwinn and Ryan Reyna at the Delaware DOE the exact law, code, or regulation which states participation rate is required to be any part of a state’s accountability system.  As well, Schwinn said at the 9/17 State Board of Education meeting she was going to request this from US DOE.  To date, NOTHING has been presented.  I spent countless hours going through federal laws concerning this and ESEA waiver laws, rules and guidance, and there is absolutely NOTHING in Federal law that states this is a requirement.  NOTHING.  DOE knows this, but they are stalling.  AFWG needs to stop relying on the word of Penny Schwinn and actually research this for themselves.  But please keep in mind this is what the DOE wrote in the notes and may not actually be what was discussed.  If any member of the AFWG wants to contact me about this, please do so.

Last week, on 9/23/15, the AFWG held their 15th meeting.  Again, an agenda was put up, without 7 full days notice.  It is one again on the Public Meeting Calendar and this one even says there can be public comment at the meeting.  If you do the right-click thing again on this PDF and go to document properties, it was created on 9/17/15.  Two public meeting FOIA violations.

Delaware State Rep. Kim Williams attended this meeting as I wrote earlier.

The group will meet again on 10/5/15, but you won’t find it on the DOE website.  You have to look in the Delaware Public Meeting Calendar again but at least they got the agenda out more than seven days before the public meeting.  Maybe they were thinking if you add up all the days together for the last three meetings that would be sufficient enough to get a total of twenty-one days.  But that is some fuzzy math, cause that would only be seventeen days…

This will (for now), be the last meeting of the AFWG.  Will you be there?  Of course, it’s on a Monday afternoon, during that oh-so-convenient time for working parents and teachers to come.  But we can’t interfere with the State Board of Education’s Grotto’s Smarter Balanced party at 4pm.  Or the Charter School public hearings beginning at 4pm.

But this has to be the last meeting because it needs to be presented to the Delaware Education Support System group the next day, also during the same hours between 1-4pm.  The group that has no agenda and does not take minutes for their meetings.  Because it is so important to present it to this clandestine group but not parents in a transparent way…

This whole thing has become the biggest debacle in DOE history.  They are breaking the law all over the place.  And yes, I have already submitted two more FOIA complaints for their latest public meeting decisions concerning the AFWG for a grand total of seven pending complaints with the Delaware Department of Justice and two with the federal US DOE.

 

 

Delaware DOE Trying To Push Opt Out Penalty Based On Non-Regulatory Threats From US DOE

Last week, Regulation 103 was the hotbed education issue of the week, and Delaware parents, teachers, and organizations had a victory of sorts in stopping the Delaware State Board of Education from acting on this regulation at their October meeting.  But Penny Schwinn, the Chief Officer of Accountability and Assessment at the Delaware DOE stated she was going to seek official answers from the United States DOE over the issue of participation rate in the standardized assessment.  Based on research, I already knew the answer, but I decided to seek some answers from the Delaware DOE over this.


Kevin Ohlandt [mailto:kevino3670@yahoo.com]
Sent: Thursday, September 17, 2015 3:51 PM
To: Schwinn Penny; Reyna Ryan; sgodow@udel.edu; Blowman David
Subject: US DOE Deborah Delisle Letter

Good afternoon,

Could you please provide me with a copy of the letter Deborah Delisle sent to the DOE indicating the participation rate category in the accountability system for the ESEA  Flexibility Renewal had to be used as a “consequence” in the ESEA mandate school report card, otherwise known in Delaware as the Delaware School Success Framework?

Thank you very much,

Kevin Ohlandt


From: Reyna Ryan <Ryan.Reyna@doe.k12.de.us>
To: Kevin Ohlandt <kevino3670@yahoo.com>
Cc: Schwinn Penny <Penny.Schwinn@doe.k12.de.us>; “sgodow@udel.edu” <sgodow@udel.edu>; Blowman David <david.blowman@DOE.K12.DE.US>
Sent: Thursday, September 17, 2015 4:11 PM
Subject: RE: US DOE Deborah Delisle Letter

Kevin,

Here is the link: http://www.doe.k12.de.us/cms/lib09/DE01922744/Centricity/Domain/111/DE%20USED%20Letter%20Sec%20Murphy.pdf. It has been on the Office of Assessment site since 4/23/15.

Thanks,

Ryan


From: Kevin Ohlandt [mailto:kevino3670@yahoo.com]
Sent: Thursday, September 17, 2015 4:17 PM
To: Reyna Ryan
Cc: Schwinn Penny; sgodow@udel.edu; Blowman David
Subject: Re: US DOE Deborah Delisle Letter

Thank you Ryan,

I’ve actually already seen that letter and published it on my blog the next day.  The letter you sent me was from 4/23/15, well after the AFWG group talked about participation rate and it was submitted into the ESEA Waiver renewal on the 3/31 draft.  This would be a letter referenced to the AFWG concerning the rationale for participation rate in the Delaware School Success Framework that specifically uses the word “consequence”.  Dr. Schwinn told the group about this letter.  I would like to have a copy of it.  Thank you,

Kevin Ohlandt 


From: Schwinn Penny <Penny.Schwinn@doe.k12.de.us>
To: Kevin Ohlandt <kevino3670@yahoo.com>; Reyna Ryan <Ryan.Reyna@doe.k12.de.us>
Cc: “sgodow@udel.edu” <sgodow@udel.edu>; Blowman David <david.blowman@DOE.K12.DE.US>
Sent: Friday, September 18, 2015 7:07 AM
Subject: RE: US DOE Deborah Delisle Letter

Good morning Mr. Ohlandt,

The letter that Ryan is referencing and the one that was discussed at AFWG stem from the same place. Based on feedback from stakeholders, DDOE asked USDOE for clarification on this issue in early March. These conversations were largely on the phone and, recognizing that this does not allow for documentation, DDOE requested an official letter from USDOE stating their position  on these issues. The letter on 4/23 was the documentation of the information that had been provided to DDOE (and then communicated to AFWG) previously. Both the very top of page 5 as well as the end of the first full paragraph of page 5 reference the need to include a consequence in the accountability system. This is no different than what is currently required through AYP, which as you know is more limited in what is included in accountability metrics.

I absolutely appreciate and understand your disagreement with the idea of imposing consequences in this area, and also recognize that this is different than the information and direction that has been provided by USDOE. I hope there are other areas in the DSSF, especially when compared to AYP, that you find are moving our state in the right direction.

All the best,

Penny


I covered this letter from US DOE Assistant Secretary Deborah Delisle last April.  During the House Education Committee meeting, Delaware Secretary of Education Mark Murphy referenced a letter sent from US DOE warning about all the potential consequences of opt-out.  After much discussion and even argument, and a significant amount of public comment, the Delaware House Education Committee released the opt-out legislation, House Bill 50, out of committee.  That evening I emailed the Delaware DOE for a copy of this letter, which they complied with the very next day in addition to putting it on their website.  Which resulted

In the above emails, Penny Schwinn referenced “telephone calls” with US DOE.  Which of course is not documented.  In February, Deborah Delisle sent a similar letter to Alaska in regards to what is required and what is not.  The key words in this letter are as follows:

In addition, all SEAs with approved ESEA flexibility plans have included specific consequences in their accountability systems for any school that misses participation rate, and must implement this component of their accountability systems with fidelity.

In every other section where Ms. Delisle referenced what is required, she gave specific federal regulatory code and cited it.  In this line, there was NO reference to any regulatory code or law.  On August 28th and 29th, I spent hours combing through ESEA Flexibility Waiver requirements and found NO reference anywhere to specific penalties in a state’s accountability system, which resulted in this article debunking Schwinn’s claim.  Yes, Ms. Delisle referenced a non-regulatory claim without any reference to an actual law or regulation at the top of page 5.  The key is in the wording.  She sandwiched the part about participation rate being included in a state’s accountability system between two regulations and laws, but that particular part is not referenced anywhere in those.  Ms. Delisle is no longer working at the US Department of Education.

As well, the Delaware PTA, in their official public comment at the State Board of Education meeting last week stated they checked with US DOE and found there is NO mandatory requirement to have participation rate on the state assessment as a penalizing factor on the school report card.

So we are at this point: the non-DOE members of the Accountability Framework Working Group collectively voted down having the participation rate penalty as part of the Delaware School Success Framework as seen in the above link.  DSEA spoke in opposition to it as well.  If the Delaware DOE does this, they are making it their own individual choice to include it based on no law or regulation requiring it.  And everyone else who has spoken on it, aside from the lone wolf Governor’s Advisory Council for Exceptional Citizens who receives their funding from the Delaware DOE, has been in opposition to this.

To read the Alaska letter, please see below:

So we are once again at a point where the Delaware DOE is telling everyone this is required and it really isn’t.  I can’t wait to see what kind of response the US DOE provides Penny Schwinn in regards to this when she asks them for “official” answers.  Sorry Penny, phone calls and non-regulatory threats with no legal backing behind them do not count as “mandatory”.  I would strongly suggest you have the Delaware DOE attorney thoroughly check any correspondence from US DOE on this issue.  Because we won’t be fooled again.

The Exceptional Delaware Reward, Recognition, Priority, Focus and Focus Plus Schools of 2015

For the first ever Exceptional Delaware Honor Roll, I would like to congratulate the schools and particular grades that went below the 95% “mandatory” participation rate for the Smarter Balanced Assessment. With that being said, there could be a multitude of reasons for that participation rate, and it may not necessarily be because of parent opt-out. It could be because of medical reasons, expulsions, or in extreme cases, maybe a touch of the Bubonic Plague. I noticed a large trend in many districts where the participation rate was higher for ELA than Math. Sometimes it was the reverse, but mostly that. I have to wonder how many parents opted out after their child took the first test. For some districts, they would not have been recognized if it weren’t for many of their juniors saying “See ya” to the Smarter Balanced Assessment. These are the students who are paving the way for the younger ones.  My biggest question is what in the world happened with 4th graders at East Side Charter School?

Christina… all I can say is WOW! You far surpassed my expectations with opt-out. With all the smears and bad looks this district gets from the DOE and whatnot, I am proud to announce Christina School District as the winner of the Opt-Out Performance Fund! They will receive a special gift at their next regular board meeting in recognition of this honor. And Red Clay’s Conrad! Fantastic! Below 50% for 11th graders! You are an inspiration to all!

Under the United States Elementary and Secondary Education Act, the fine folks at the US DOE like to throw things called flexibility waivers at the states.  Under No Child Left Behind, enacted during the second President Bush years, all schools in the country had to be proficient by 2014.  If they weren’t, all hell would break loose.  So under President Obama and his Secretary of Education Arne Duncan, they threw states a bone called Race To The Top: adapt our Common Core standards, and make a big test based on it, and we will let you slide from the whole No Child Left Behind thing.  Then they started throwing more bones called flexibility waivers.  Hey, do this, and you are safe from No Child Left Behind.  This is what created the most severe school labeling system ever created.  But I am turning it around.

REWARD & RECOGNITION SCHOOLS

All of these schools and grades… I am so proud of them. Parents made a choice, and it showed. While these aren’t anywhere close to New York numbers, it’s a very good start. The ones that are 90% or below get to be REWARD schools. Yeah, it’s one grade, but they went below 95%!  All the Reward Schools got a special prize. The ones between 91-94% are recognition schools for any grade that caused the participation rate to go below 95%. Great job everyone!

Appoquinimink School District:

Appoquinimink High School, 11th Grade ELA: 93%

Appoquinimink High School, 11th Grade Math: 94%

Middletown High School, 11th Grade Math: 92%

Old State Elementary School, 4th Grade Math: 94%

Waters Middle School, 8th Grade Math: 93%

Brandywine School District:

Brandywine High School, 11th Grade Math: 92%

Concord High School, 11th Grade Math: 94%

Hanby Elementary School, 3rd Grade ELA: 94%

Harlan Elementary School, 3rd Grade Math: 89% 🙂 🙂

Campus Community School:

7th Grade Math: 93%

Cape Henlopen School District:

Shields Elementary School, 4th Grade Math: 92%

Capital School District:

Central Middle School, 7th Grade Math: 94%

Dover High School, 11th Grade Math: 92%

East Dover Elementary School, 3rd Grade Math: 94%

East Dover Elementary School, 4th Grade Math: 93%

Fairview Elementary School, 3rd Grade ELA: 89% 🙂 🙂

Fairview Elementary School, 3rd Grade Math: 90% 🙂

Christina School District:

Bayard Middle School, 6th Grade Math: 92%

Bayard Middle School, 7th Grade ELA: 92%

Bayard Middle School, 7th Grade Math: 92%

Bayard Middle School, 8th Grade Math: 92%

Brader Elementary School, 3rd Grade Math: 94%

Brader Elementary School, 5th Grade Math: 90% 🙂

Brookside Elementary School, 5th Grade ELA: 90% 🙂

Brookside Elementary School, 3rd Grade Math: 92%

Brookside Elementary School, 4th Grade Math: 86% 🙂 🙂

Brookside Elementary School, 5th Grade Math: 79% 🙂 🙂 🙂

Christiana High School, 11th Grade ELA: 84% 🙂 🙂

Christiana High School, 11th Grade Math: 88% 🙂 🙂

Elbert-Palmer Elementary School, 3rd Grade Math: 90% 🙂

Gallaher Elementary School, 3rd Grade Math: 93%

Gallaher Elementary School, 5th Grade Math: 93%

Gauger-Cobbs Middle School, 6th Grade Math: 94%

Gauger-Cobbs Middle School, 7th Grade Math: 92%

Gauger-Cobbs Middle School, 8th Grade ELA: 92%

Gauger-Cobbs Middle School, 8th Grade Math: 86% 🙂 🙂

Glasgow High School, 11th Grade ELA: 82% 🙂 🙂

Glasgow High School, 11th Grade Math: 82% 🙂 🙂

Keene Elementary School, 4th Grade ELA: 92%

Keene Elementary School, 5th Grade ELA: 92%

Keene Elementary School, 5th Grade Math: 93%

Kirk Middle School, 6th Grade Math: 94%

Maclary Elementary School, 3rd Grade ELA: 92%

Maclary Elementary School, 3rd Grade Math: 86% 🙂 🙂

Maclary Elementary School, 4th Grade ELA: 90% 🙂

Maclary Elementary School, 4th Grade Math: 90% 🙂

Marshall Elementary School, 3rd Grade ELA: 93%

McVey Elementary School, 4th Grade ELA: 89% 🙂

McVey Elementary School, 4th Grade Math: 87% 🙂

Newark High School, 11th Grade ELA: 55% 🙂 🙂 🙂 🙂 🙂

Newark High School, 11th Grade Math: 56% 🙂 🙂 🙂 🙂 🙂

Shue-Medill Middle School, 6th Grade ELA: 94%

West Park Place Elementary School, 3rd Grade ELA: 94%

West Park Place Elementary School, 3rd Grade Math: 93%

West Park Place Elementary School, 4th Grade Math: 83% 🙂 🙂

West Park Place Elementary School, 5th Grade ELA: 89% 🙂 🙂

West Park Place Elementary School, 5th Grade Math: 92%

Colonial School District:

Bedford Middle School, 8th Grade Math: 94%

Penn High School, 11th Grade ELA: 92%

Penn High School, 11th Grade Math: 89% 🙂 🙂

Pleasantville Elementary School, 3rd Grade ELA: 92%

Pleasantville Elementary School, 3rd Grade Math: 92%

Southern Elementary School, 3rd Grade Math: 93%

Southern Elementary School, 4th Grade ELA: 92%

Southern Elementary School, 4th Grade Math: 86% 🙂 🙂

Southern Elementary School, 5th Grade Math: 93%

Delmar School District:

Delmar High School, 11th Grade Math: 93%

East Side Charter School:

4th Grade ELA: 90% 🙂

4th Grade Math: 90% 🙂

Gateway Lab School:

3rd Grade Math: 90% 🙂

4th Grade ELA: 92%

4th Grade Math: 93%

7th Grade Math: 92%

Indian River School District:

Sussex Central High School, 11th Grade ELA: 93%

Sussex Central High School, 11th Grade Math: 92%

Laurel School District:

Laurel Senior High School, 11th Grade ELA: 94%

Laurel Senior High School, 11th Grade Math: 93%

Milford School District:

Milford Senior High School, 11th Grade ELA: 88% 🙂

Milford Senior High School, 11th Grade Math: 88% 🙂

Moyer:

7th Grade ELA: 88% 🙂 🙂

7th Grade Math: 88% 🙂 🙂

11th Grade ELA: 65% 🙂 🙂 🙂 🙂

11th Grade Math: 69% 🙂 🙂 🙂 🙂

New Castle County Vo-Tech School District:

Delcastle Technical High School, 11th Grade Math: 94%

Hodgson Vocational Technical H.S., 11th Grade ELA: 91%

Hodgson Vocational Technical H.S., 11th Grade Math: 90% 🙂

St. Georges Technical High School, 11th Grade ELA: 90% 🙂

St. Georges Technical High School, 11th Grade Math: 87% 🙂 🙂

Polytech School District:

Polytech High School, 11th Grade ELA: 94%

Polytech High School, 11th Grade Math: 92%

Positive Outcomes Charter School:

7th Grade Math: 90% 🙂

Prestige Academy:

7th Grade Math: 94%

Reach Academy For Girls:

4th Grade ELA: 75% 🙂 🙂 🙂

4th Grade Math: 75% 🙂 🙂 🙂

6th Grade ELA: 92%

8th Grade ELA: 78% 🙂 🙂 🙂

Red Clay Consolidated School District:

A.I. DuPont High School, 11th Grade ELA: 63% 🙂 🙂 🙂 🙂

A.I. DuPont High School, 11th Grade Math: 64% 🙂 🙂 🙂 🙂

A.I. DuPont Middle School, 8th Grade ELA: 94%

A.I. DuPont Middle School, 8th Grade Math: 94%

Brandywine Springs School, 8th Grade Math: 93%

Cab Calloway School of the Arts, 11th Grade ELA: 84% 🙂 🙂

Cab Calloway School of the Arts, 11th Grade Math: 92%

Conrad Schools of Science, 8th Grade ELA: 94%

Conrad Schools of Science, 11th Grade ELA: 40% 🙂 🙂 🙂 🙂 🙂 🙂

Conrad Schools of Science, 11th Grade ELA: 47% 🙂 🙂 🙂 🙂 🙂 🙂

Heritage Elementary School, 5th Grade ELA: 90% 🙂

Heritage Elementary School, 5th Grade Math: 89% 🙂 🙂

Seaford School District:

Seaford Central Elementary School, 3rd Grade Math: 92%

Seaford Central Elementary School, 5th Grade Math: 92%

Seaford Middle School, 6th Grade Math: 94%

Seaford Senior High School, 11th Grade ELA: 93%

Seaford Senior High School, 11th Grade Math: 89% 🙂 🙂

Smyrna School District:

North Smyrna Elementary School, 4th Grade ELA: 94%

The below schools…they didn’t go below the 95% participation mark in any grade for either ELA or Math on the Smarter Balanced Assessment. But there were quite a few that were right at the 95% mark in some grades, and also at 96%. So we can tip the scales by getting the word out. These are the 2015-2016 schools where there are some opt-outs, but we need a lot more. Some of the charters may have only had one or two opt-outs in one grade. But that one opt-out parent can spread the word! But these schools are the 2015-2016 Focus Schools or Focus Districts. If they are a charter school, they did not dip below 95% in any grade. For school districts, I just picked certain schools who hovered around the 99% mark. For one school, it just can’t ever get out of being labeled no matter what it does! This is your chance Stubbs! If it’s in red, it’s a Focus Plus school. That means they had maybe a handful of kids opt-out. Which is good, but not earth-shattering. We need those handful of parents who opted their kids out to spread the word!

NEED TO GET THE WORD OUT ABOUT OPT-OUT FOR THESE FOCUS AND FOCUS PLUS SCHOOLS
 

Allen Frear Elementary School (Caesar Rodney) (Focus Plus)

Banneker Elementary School (Milford)

Bunker Hill Elementary School (Appoquinimink)

Clayton Elementary School (Smyrna) (Focus Plus)

Delaware Academy of Public Safety & Security

Delaware College Prep

Delaware Military Academy

Delmar Middle School (Delmar) (Focus Plus)

Family Foundations Academy

Hartly Elementary School (Capital) (Focus Plus)

Howard High School of Technology (New Castle County Vo-Tech)

Indian River High School (Indian River)

Kuumba Academy

Lake Forest School District

Lancashire Elementary School (Brandywine)

Las Americas ASPIRA Academy (Focus Plus)

Lombardy Elementary School (Brandywine) (Focus Plus)

Long Neck Elementary School

Lord Baltimore Elementary School (Focus Plus)

Maple Lane Elementary School (Brandywine) (Focus Plus)

MOT Charter School (Focus Plus)

Mount Pleasant Elementary School (Brandywine)

Newark Charter School (Focus Plus)

New Castle Elementary School (Colonial) (Focus Plus)

Oberle Elementary School (Christina)

Odyssey Charter School (Focus Plus)

Providence Creek Academy

Pulaski Elementary School (Christina)

Showell Elementary School (Indian River) (Focus Plus)

Silver Lake Elementary School (Appoquinimink)

Smyrna Elementary School (Smyrna) (Focus Plus)

Stubbs Elementary School (Christina)

Sussex Academy (Focus Plus)

Sussex Technical School District

Thomas Edison Charter School (Focus Plus)

W.B. Simpson Elementary School (Caesar Rodney) (Focus Plus)

W. Reily Brown Elementary School (Caesar Rodney) (Focus Plus)

Woodbridge School District

Below are the 2015-2016 Priority Schools. The three charters had NO opt-outs, along with the other schools. For the charters, one was on Formal Review and was probably scared that one opt-out would shut them down so they allegedly told parents it was not allowed. Another one has the lowest of minorities (aside from Asian), special education, and low-income students in the entire state. And the 3rd… their Head of School spoke out about opt-out at the House Education Committee meeting on House Bill 50 so this truly doesn’t shock me. Other Montessori schools I’ve spoken too were somewhat shocked and believe opposing parental rights like this goes against the whole Montessori model. If anyone from any of these schools did opt their child out of the Smarter Balanced Assessment, please let me know cause that means something is seriously wrong. Because >99% is pretty damn close to 100%. And you can’t have 100% with one single opt-out.

If I had to guess, a lot of these schools are telling parents they can’t opt their kid out. Or the school has 100% drank the Kool-Aid the DOE gives them and gave it to all the parents. I know some of the leaders of these schools, and some are no-nonsense leaders. Some are known to be very tough. Don’t let them intimidate you. These are my extra special schools this year. Under priority status, they will be watched very closely. Unlike the DOE I won’t make them pick new leaders and fire half their teachers. And I won’t make them sign a Memorandum of Understanding that makes no sense whatsoever by a certain date. I won’t tell them comply or die either. But they are Priority Schools for opt-out, and this is a Code Red alert for Delaware! This is just plain unacceptable…  They get a very special label in recognition of two very special legislators who opposed House Bill 50 the loudest (and they were also the Chairs of the House and Senate Education Committee).

THE EARL JAQUES AND DAVE SOKOLA PRIORITY SCHOOLS OF DELAWARE

Academy of Dover 😦

Charter School of Wilmington 😦

First State Montessori Academy 😦

Lake Forest North Elementary School (Lake Forest) 😦

Lake Forest South Elementary School (Lake Forest) 😦

Richardson Park (Elementary School) (Red Clay) 😦

Star Hill Elementary School (Caesar Rodney)  😦

South Dover Elementary School (Capital) 😦

Sussex Technical High School (Sussex Tech) 😦

For our school principals and superintendents and charter leaders: I’m watching you. I’ve been watching you. The DOE is on the stage, putting on their show. You are all in the audience, and you are literally paying for their performance. Rodel and Vision and the Delaware Business Roundtable are providing all the lighting and special effects, with equipment bought from all the corporate education reform companies around the country. I see the State Board providing the symphony. The legislators are paying all the bills and making sure everything is up to snuff (or in some situations allowing the audience to be robbed blind).  And the director, none other than Delaware Governor Jack Markell. His assistant went exit stage left, but we are waiting to see what his new guy does. And me, I’m the guy up on the catwalk watching the whole thing unfold. I see all of it. I had to get rid of some of the cobwebs up there to see better, but I can see things very clearly right now.  And guess what, I’m not alone.  I’m inviting parents all the time to watch too.  And more and more are watching the play.  They are telling me “hey, you see that guy over there, he told me I couldn’t opt-out my son” or “they told me I have to get a doctor’s note” or sometimes it’s a parent/teacher telling me “our superintendent says only he gets to decide who opts out.”

As of this very moment, I am giving you all amnesty. You are pardoned if I wrote negative things about you concerning opt-out last year.  Some of you actually came through in a big way on the Accountability Framework Working Group and turned the scales on the DOE.  We have a clean slate.  Don’t get all offended if your school is on this list.  The DOE has this information up too, but I’m just reversing the labels for true accountability purposes.  The good news: if your school is a Focus, Focus Plus, or Priority School, you can easily get out of it in the Spring.  All of you will be hearing from me very soon.  But just so you know, all of us on the catwalk are watching…

To all the very brave parents who opted their child out last Spring, I want to say Thank You. You made a very brave decision, and I salute you. Your job now is to do the same this year, no matter what threats or bullying gestures are thrown your way. Hopefully House Bill 50 will be vetoed by the time Smarter Balanced rolls around again next Spring, but if not do what you did this year. While some may have looked down on you for that decision, stand by your convictions. Even if it was in a “high-performing” school. And spread the word. The doors of conversation will start to open up in the coming week when parents get their kids results. You don’t have to worry about that. Cause your child is a not-having-to-take-the-test rock star, and you made the right decision.

If your school isn’t on this list, you can check it all out here:

http://www.doe.k12.de.us/cms/lib09/DE01922744/Centricity/Domain/111/Attachment3%20SchoolandCharterPerformanceParticipationUpdated0917.pdf

State Board of Ed Public Comments Transcribed And Future Of Regulation 103

The audio recording of the State Board of Education meeting yesterday is up in record time.  I went ahead and transcribed all of the public comments.  Every single one.  As well, I listened to the part where they discuss 103 and I took copious amounts of notes.  Here it is.  To understand the different portions of Regulation 103, and how everything culminated and reached a boiling point, please read this.  This whole saga with the Delaware School Success Framework started to boil a few weeks ago when I found information on the Accountability Framework Working Group while looking for the magical Smarter Balanced toolkit.

Delaware PTA

Good afternoon, my name is Bill Doolittle. I will first speak on behalf of Delaware PTA in regards to Regulation 103. With regard to the accountability system the Delaware Department of Education and Delaware State Board of Education are seeking to include parent opt-out rates in the school report card. This is not only misleading representation of the school’s performance, but it is another attempt to coerce and intimidate parents who choose to exercise their right to opt out their students. Although the Delaware DOE maintains that including participation rates is mandated in US (Department of) Education, Delaware PTA has confirmed that the US Department of Education that this is not the case, that students are not required by federal mandate to include opt-out rates in the calculations. This is only one of an array of problems and concerns with this proposed regulation. Delaware PTA will provide further comment.

Bill Doolittle

I will now change hats and speak as a volunteer advocate for children at risk. Proposed Regulation 103 is just a milestone in a larger plan that fails to meet the most fundamental components necessary to meet the needs of our most at-risk children. It fails to provide accurate, timely and useful data for parents and teachers to support their children. It fails to use any metric directly measuring the known risk components related to our children being able to learn. Primarily, (as) it relies on end of year summative exams is the least able to accurately measure our most at-risk children. As many as 15% may not be assessed accurately with the risk characteristics and being crowded into the lowest 10% percentile. We have a statistical growth model, that at best, within the confidence interval, cannot differentiate between the middle 70% of our schools. And unless your child is that average child, it provides only an illusion of useful information to parents as to their child’s growth. Think about the rate of children with disabilities and all you have to compare to is an average child with a disability. And what about children with multiple risk groups and multiple factors? This growth model is worthless at best and grossly misleading at worst. I took the time to scan through other states ESEA waivers and one thing is clear, that is Delaware’s plan is based on punitive actions and bureaucratic compliance and not a robust education system which was the point of ESEA and other states that move forward with this. Even where there are good components, it is not manageable with fidelity. For example, can you explain why, out of $3 million dollars allocated in epilogue for ESEA school support only $900,000 actually made it to schools with approved plans? And even if the full $2.7 million had been in, that would only represent half of what was necessary to actually meet the goal. Our State Board should be asking all of these questions not just accepting spin and rubber stamps. (time ran out)

Frederika Jenner

Good afternoon. I’m Frederika Jenner, President of the Delaware State Educators Association. I’m here today to address the proposed changes to Regulation 103: accountability for schools, districts, and the state. After careful review of the published regulation, we at DSEA cannot support the recommended changes for the following reasons. #1: the proposed changes in Regulation 103 are incomplete. We see this in Section 1, under purpose and definitions, in sub-section 1.2, Action Schools, the definition does not define the conditions that place a school within this category. Although the Department mentions significant academic achievement gaps in their sub-groups and overall low achievement, the parameters of these terms are not defined either in the proposed regulation changes or in the Delaware ESEA Flexibility Waiver application. In Section 2, in Delaware School Success Framework (DSSF), the Academic Framework Group, AFWG, has not yet finished their work on DSSF. For example, discussions are ongoing on issues related to participation rates. In Section 6, performance ratings, this section indicates there will be up to five performance ratings for schools yet does not name them nor does it identify the criteria for any school to be placed in one of these categories. In Section 7, classifications for schools identified for improvement or recognition, Subsection 7.1, Action less schools, this section does not specify whether a planning period is part of the two academic years given for improvement. Do these schools really have two full years to improve? This is unlike the Focus and the Priority schools in which the planning year is separated out. In 7.3, the section on Focus Plus Schools. It does not say how a school can exit Focus Plus school status.

Our second concern involves the proposed regulation changes that we think are confusing. We see this in 2.5, participation rate. Under this condition, can schools have their accountability rating reduced if a single sub-group falls below the 95% participation rate? Looking at the requirement that n=30, if only two students do not participate as part of a sub-group, it appears that a school could have its full rating reduced. Under the section for proration, this section is confusing and needs refinement. Why are academic achievement scores spread over four years in K-3 (grade) when students take the summative assessment in grade 3? This section attempts to hold schools and educators accountable for the 3rd graders performance by assuming that the student attended the same school. What if the student came from Oklahoma? How will the Department apply the rating? Also, does it make sense and is it fair to use the scores of students no longer in a school if the school has no tested grades such as a K-2 school? In 2.8.1, the language in this section makes very little sense and is very confusing. In Section 4, assessment criteria, in 4.1.1 and 4.1.2, the term “non-participant” is not defined in the document . This section also raises the question of whether the non-participant is included in the school’s overall data. In 7.2.4, to get out of Focus School status, why does the school have to meet the academic targets for two consecutive years within the three year period? Is it fair to not allow the school to exit the status if they meet the target in the first and third years?

A third concern, Section 7 is at times inconsistent with State law and does not allow for significant input from educators and parents. In 7.4.5 and 7.4.7, this section does not allow the flexibility and creativity to be granted when considering what to do with Red Clay and Christina Priority Schools. As a result of the Wilmington Education Improvement Commission, it could possibly lead to redistricting. DSEA appreciates the Department’s recognition of House Bill 82, which mandates that matters regarding collective bargaining are exclusively subject to the public employee rather than the relations board. DSEA further believes that any proposed regulation that gives a school leader the ability to override existing collective bargaining agreements is against the law. Section 11, review process. Again, this does not allow for significant input from parents and educators. In 11.3.1, this section provides for review committee selected only by the Secretary. In 11.3.2, this section significantly limits the evidence that could be considered to only that information provided by the District. In 11.5, this section does not provide for independent appeals process. And finally, what we consider the most important point in which to make today, the epilogue language does not require the Board to take action now. The language explicitly states, “Upon approval, the flexibility waiver by the United States Department of Education, the Department shall publish updated regulations to be consistent with the approved ESEA Flexibility Waiver request within sixty days.” The Department has met their published obligation. As stated before, nothing in this language requires Board action now. Neither does it bar the Board from taking no action. Sending the regulation back to the Department, and having the regulation republished once it has been completed, clarified, and revised. We urge the Board to send the regulation back to the Department. Thank you.

Deborah Stevens

Good afternoon. My name is Deborah Stevens. I am the Director of Instructional Advocacy for DSEA and I am also a member of the Accountability Framework Work Group, also known as AFWG. The group, or let me be specific please, the non-DOE members of the AFWG charged me with coming before you today to talk a little bit about the work but more specifically to talk about Regulation 103 and why we feel a decision on this regulation needs to be deferred. We believe that the work that has been done by AFWG has been a very long and painstaking process. The commitment by the people that have worked this part of the group, and this includes district representatives, superintendents, representative from the PTA, and representative from DSEA, myself. We were all conscious of presenting to the public a very accurate, full narrative about the capabilities and status of all of Delaware’s schools. That has been first and foremost in our minds in the creation of the Delaware School Success Framework. That being said, the work is not done! You see a section within the regulation titled Delaware School Success Framework and there are still incomplete sections contained within. It is a work in progress. Even today, as we met earlier, a little more than an hour ago, this group took a vote to alter the calculation for proficiency to not include participation rate. With that in mind, and understanding that this is still a work in progress, and as has been previously noted that we have already met the intent of the epilogue by having the regulation published within sixty days. We would advocate that the State Board consider that the work still needs to be finished and send the regulation back to the Department for review, further discussion, and completion. Thank you.

Mike Matthews

Good afternoon. My name is Mike Matthews. I’m the President of the Red Clay Education Association, also a teacher on release from Warner Elementary School. It’s nice to see a crowd here. I would urge the State Board to consider, maybe, no, I’ll do that another time.   Also, I am going to urge the State Board again, as I did last month, to amend your public comment policy to allow public comment for items that are going to be voted on that State Board’s meeting. If you want to operate with full and complete transparency and make sure you are giving as much opportunity for your constituents to hear what they would like to say, please change that policy.

Regulation 103. Our association has not taken an official position. It’s challenging for me to hear about these issues from bloggers. I first heard about this from Kevin Ohlandt on his blog. I immediately sent out a communication to my membership asking them to pore through it. It’s a very long regulation. Our association will be taking a vote at our meeting on Monday. I plan on drafting a letter to present to them. I’m officially announcing our a vote of no support for this so as long as they approve that, you will be getting that before the public comment has expired for next month’s meeting. But the initial thoughts that I’ve heard from members are that “Wait, does this mean more Priority Schools?” We saw what happened last year, we saw how ineffective and quite frankly, disgusting the process was. Does this mean more priority schools? There were some concerns about the participation rate issue. Someone came up to me and said “Wait, our General Assembly, by a super majority in both Houses passed the bill saying that opt-out is fine, so what right does the State Board through regulation, have to override what the publicly elected General Assembly has said? One member said “This sounds like a backdoor support of the Governor’s veto.” I’m also concerned that AFWG hasn’t completed its work, yet there are some recommendations, there are some regulations in this language that, I think, should that group be allowed to complete its work would mean this regulation would be written differently. I’m looking forward to joining the team from the Department of Education at they visit my former home, Richardson Park next week. I will be doing the walkthroughs with you. You will be coming to my former school . The staff has requested my present because they are now a Focus School. So I plan on joining DOE and the administrative team and the staffers who will be at that meeting, to see what’s going on. And a genuine good luck to you Secretary Murphy and I hope everything goes well. We’re looking forward to Dr. Godowsky and thank you, have a great month.

Jackie Kook

Good afternoon. My name is Jackie Kook. I am a teacher in the Christina School District and I’m Vice President of the Christina Education Association (CEA). I’m also working with the DPAS Advisory Sub Committee, the advisory sub group committee, I’m going to be working on the sub-committee and I worked on the committee that worked last year as well! That’s a lot of committees (laughter).   I’m knee-deep now! When this came out, when I had a chance to look through the regulations, we were focused on 106, and 107, we were looking at the evaluation changes and things like that and 103 kind of caught me a little off guard. Although I am Vice President of CEA, we have also not discussed this formally. We just haven’t had time because we’ve been focusing on the Wilmington Education Improvement Commission, participating in that and making sure our Priority Schools plan is worked on, dealing with Superintendent issues, so we’ve got a lot going on in Christina. But my concern is, as more of a parent, my child is not taking the Smarter Balanced Assessment. And it’s not because I think it’s a terrible test, it’s not because I think that it’s the Devil incarnate, it’s because it’s not useful to their teachers. So by requiring schools to count that as part of their accountability, the participation part of literally useless test, right, to inform kids instruction, to inform the teacher’s classroom, there’s just no point. Your just punishing the schools for the parents decision. I’ve been very clear with all the communications I’ve made with the schools where my children go to school in Red Clay, neighborhood schools. I’ve been very clear with my children and I’ve been very clear with their administrators and their teachers. And they will take every test you throw at them, the MAP, the SRI, whatever you want to give them, any test that you can use to figure out where their needs are and meet those. I feel like Regulation 103 has that, whether it’s intentional or not, places that as a negative on my child’s school. I can only imagine the pressure that they will try to levy on me, to keep at Linden Hill Elementary School, to keep their 100%, you know, everybody’s proficient, everybody’s passing, we met AYP, because my child is not going to be taking that test it’s going to hurt their rating. It’s not fair to the school, it’s not fair to me as a parent, it’s also not going to be effective because they’re still not going to take the test. It’s going to divide that school community cause there will be those of us who want to help the school. We volunteer our time, send in supplies, do what’s necessary but still, this is not the right thing for them, for their families, and our children. Like everyone that’s spoken before me, to put it more eloquently, I urge you to reconsider, especially that part. We don’t need to be rated A B C and D. The parents come into this school. They can figure out how their kids are doing and the teachers. The tests we have in place allow for that. Thank you for your time.

Kevin Ohlandt

Thank you very much. Secretary Murphy, I did want to wish you luck in your future endeavors. Today is Parent Strike. This is a nationally coordinated event for parents to oppose the Smarter Balanced, corporate education reform, and to promote every single student in America for refusing the Smarter Balanced Assessment. I filed several complaints against the Department of Education, the Delaware State Board of Education, Dr. Gray, and Donna Johnson. The first one is in regards to your ESEA Renewal request submitted last March. The public was not given an opportunity to comment on the participation rate portion. It was snuck in on the March 31st draft as evidenced by your website and it was not available for public comment. I have filed with the Delaware Department of Justice (DOJ) and the US Department of Education Office of Inspector General based on that.

I have filed a complaint with United States Department of Education Office of Civil Rights. This Department has allowed a multitude of charter schools to deny Individualized Education Programs for students with disabilities. I spoke with that department, the Exceptional Children Resources Group, last summer and I was told there is no method by which this Department can evaluate charter schools for that and that the due process system is more than fair. There has been a handful of actual due process hearings in this state, meanwhile thousands of children are denied IEPs all the time.

I have also filed a couple complaints with the DOJ in regards to FOIA complaints. Last Monday, you had a State Board retreat, which was a public meeting. At this meeting I was told there would be embargoed information. You cannot embargo information at a public meeting. As well, it is my contention that Ms. Johnson, as well as two members of the Department, attempted to conceal information they would have otherwise talked about had a member of the public not been present. I also filed a FOIA request for emails concerning submissions for Regulation 103. Instead of giving a list of estimated charges, I was immediately told you have to pay DTI $300.00 without any timeframe or anything.

Dr. Gray, you sit on the board of the US Education Delivery Institute, of which the Department of Education has paid almost $350,000 over the past five fiscal years and I have no recollection of you publicly acknowledging your capacity on this board. If you want to see more of the complaints, I just put up an article on Exceptional Delaware at 12:35pm. Thank you. (I had more to say, but the timer went off).

Delaware State Representative John Kowalko

Good afternoon Board members, Secretary Murphy. I’m John Kowalko, the State Representative in the 25th District. I’m here today, in spite of the fact that it’s my birthday and I’m missing face time with my seven and a half month old granddaughter, but the importance of this goes beyond that. We are on the brink of the cusp of a Constitutional crisis in the State of Delaware. Regulation 103 is an example of how far we’ve tread of the Constitutional track that we are set upon and bound to be set upon by the State. We have regulations that are imposed with no checks, no balances, that are owed, Constitutionally owed a guarantee to the General Assembly. Meetings, draftings, and mandating regulations while the General Assembly is out of session. It constitutes almost an abuse of power by an unelected body. I will point over to that building (points to Legislative Hall). I just stood outside at a press conference. These regulations, more often than not, are discussed, imposed and mandated while that building is empty. That’s our authority. We can concede the right for the State Board of Education, the DOE, to draft regulations, to consider regulations. We are not allowed to concede to all members of the General Assembly your right to impose regulations which become virtual law. This is an appointed board, State Board is an appointed board, DOE is appointed. There is no allegiance of this body so far to the elected, duly elected General Assembly.

Pennsylvania has their General Assembly members, Senator Denman is one of them, that sits on their State Board of Education.  I met with him, we talked about opt-out legislation in Pennsylvania and he was stunned when he found out that we can have almost a contradiction in the will of that body, over there in the General Assembly. By construction of Regulation 103 which could in fact disarm the intentions of House Bill 50. And when I said to myself “what would you do about it?” He said all of our State Board of Education regulations to the Feds and ESEA flexibility, are bound to go through and be approved by the General Assembly. We had a bill last year, I believe it was Kim Williams bill, to do just that. And leadership wouldn’t let it through. And I’ll tell you, in all this mess that makes sense, that wouldn’t let it go through is the Governor. The Governor appoints you guys, the Governor appoints the employees of the DOE (through the Secretary of Education). So when we look at this separation of powers, we are woefully inadequate. (timer goes off) And having an honest dialogue about who runs this State, the General Assembly runs this State on behalf of the people. Not on behalf of any special interests, not on behalf of any agenda, the only agenda we have is the people and the children of this state. (Dr. Gray advises Rep. Kowalko he has five seconds) Well I’m going to ask this Board to hold Regulation 103 until we reconvene that General Assembly. I think it’s the only right thing to do, it’s the only respectful thing to do. And anything else is bordering on an unconstitutional subversion of our power. And I’ll take every means I can to prevent that from happening. So I’m hoping you’ll consider that. Thank you.

Lorrie Gloede

Not to give Lorrie the boot here, but what she wrote on Delaware First State was essentially what she said at the State Board of Education meeting. And if you haven’t, check out State Rep. Kim Williams awesome new blog, now would be a good time!


At this point, I’m going to summarize what happened with Regulation 103 at the State Board of Education meeting.  DOE Director of Policy and External Affairs Susan Haberstroh spoke to the board about the regulation and what it means.  She stated it was created years ago based on the days of No Child Left Behind and Annual Yearly Progress.  It was updated during Race To The Top.  Haberstroh explained how the US DOE approved Delaware’s ESEA Flexibility Waiver request on July 9th.  Within 60 days, based on the epilogue language in Delaware’s budget bill, House Bill 225, the DOE was required to submit the publishing of a regulation tied to the ESEA approval.  Which they did.  But they were not required to approve it  or take action on it based on Delaware state law.  According to Director of Accountability and Assessment Penny Schwinn, only part of the application was approved and the part about the “school report card”, the Delaware School Success Framework (DSSF) had to be resubmitted with all the “weights and targets” by October 31st.  Since the majority of AFWG voted down the participation rate as a punitive measure in regards to proficiency, Schwinn has asked the US DOE for “very specific answers to bring back to the group.”

The existing ESEA approval is only good through June 30th, 2016.  If the update is approved with the DSSF, the waiver is good for three years, until 6/30/18.  Schwinn stated the portion about naming Priority and Focus schools was already approved in the waiver, and Delaware named all the schools through that waiver, thus the crop of Focus and Focus Plus schools this year.  She did state, at minimum, no schools will be designated Priority or Focus for three years.  The Reward and Recognition portion of the ESEA waiver was not required, but DOE wanted to do it.  As Schwinn said, “There’s no harm in giving schools money and calling them out for great performance.”

Regulation 103 will have to be republished in the Delaware Register of Regulations if there are “substantive” changes to it.  Which there now will be.  Based on the law for the regulations, the DOE must submit the updated regulation to the Register of Regulations by the 15th of the month before the month it is published in.

The purpose of the updated Regulation 103 is because it does not match with ESEA flex waivers and the designation of Priority or Focus Schools, as well as the proposed accountability system called DSSF.  The DOE has been operating without this in regulation and “where it was inconsistent, that’s where ESEA actually was in place of the regulation,” Haberstroh said.  “This was tied in with ESEA inflexibility.  This was the original No Child Bombs,” board member Pat Heffernan joked.  He added “Right now this regulation is out of whack, which might make us want to hurry and get it finished but the point is that we haven’t had it finished and we have a way around it and we’ll continue until we get a final regulation in place, is that right?”

So if AFWG comes up with an updated DSSF, it has to go back to the board by their October 15th meeting.  The DOE has to submit the updated request by 10/31/15.  By January 1st, everything has to be approved by the US DOE, and everything would have to be implemented by 7/1/16.  So essentially, the DOE could submit the DSSF to the US DOE without Regulation 103 in place.  Haberstroh clarified that Regulation 103 would “not be moved for action next month” by the State Board of Education.

The DOE extended the currently published Regulation 103 comment period until 10/8 to give the Delaware Education Support System (DESS) Advisory Council and other stakeholders the opportunity to discuss the regulation.  Schwinn said if it isn’t approved by the feds by 1/1/16, Delaware goes back to the NCLB requirements where they are out of compliance if all schools aren’t proficient by 2014.  Obviously, that date has come and gone, so personally I say let them call the US DOE’s bluff on that one, but I don’t see them having the bravery to do that.

So the earliest Regulation 103 could go back to being published would be November.  That is IF the AFWG is able to come up with a new system for the DSSF.  If they aren’t, will the DOE put something through anyways?  Since the group already voted down the participation rate penalty, what authority is greater, AFWG or the US DOE?  So with a November 1st republishing date, and the mandatory 30 day comment period, which would last until 12/1, the State Board of Education would have to approve the updated Regulation 103 by their December board meeting, 12/17.  Meanwhile, the DOE could resubmit the DSSF to the feds by 10/31 and get approval for the update prior to the 12/17 board meeting.  Once again, I say avoid all that and call their bluff with the absolutely insane No Child Left Behind mandates.  And if Schwinn is able to get the “specific answers”, aka, the participation rate penalty, anything the US DOE sends will not be regulatory and will merely be guidance since there is no law which explicitly states parents can’t opt their child out of the assessment and there are no laws mandating punitive action based on that.  I think Schwinn believes the US DOE can make it mandatory, or has convinced people she believes it, but she is wrong.

And the big monkey wrench in all of this is what happens if the U.S. Congress approves the whole ESEA reauthorization and renders a lot of what is in Regulation 103 meaningless?


Will the US DOE come back and say the participation rate penalty is mandatory?  I emailed Penny Schwinn and Ryan Reyna at the Delaware DOE about this yesterday.  I will be writing an article about the responses later today….

In the meantime, if you want to listen to the State Board of Education meeting, the public comments and the whole Regulation 103 discussion, you can go to the DOE website and have a listen.  Part 1 has the public comment, and Part 4 has the Regulation 103 discussion.  You can even listen to the Smarter Balanced discussion at the beginning of Part 4.  If you listen to the public comment, stick around after Lorrie Gloede’s public comment to hear Dr. Gray disrespect a parent and not let her give public comment.  But I got her comment and published it yesterday!  And this was Mark Murphy’s last meeting!

The Complete Unembargoed Delaware Smarter Balanced Assessment Results

10% Proficiency in Math for Students With Disabilities

15% in English/Language Arts for Students With Disabilities

21% in Math for low-income students

35% in English/Language Arts for low-income students

22% in Math for African-American students

36% in English/Language Arts for African-American students

Delaware Governor Jack Markell: “Smarter Balanced is the best test Delaware ever made.”

Delaware High School juniors basically said “This test really doesn’t mean much, so whatever.”  God bless them!

Read the results and if you haven’t already, REFUSE THE TEST for your child.  Send the letter tomorrow.  It’s the only way they will truly understand…

Interim Delaware Secretary of Education Godowsky Needs To Learn From New York Superintendent Elia

State Education Commissioner Mary Ellen Elia says she won’t prevent parents who want their children to skip the state’s standardized tests from doing so.

Diane Ravitch is reporting New York State Education Commissioner Mary Ellen Elia will not try to stop parent opt-out.  This is a welcome relief for hundreds of thousands of New Yorkers I’m sure.  New York had the highest opt-out rates of any state in the country last spring, and all indications are pointing to these numbers increasing nationwide next year.  Bottom line: parents are fed up and sick of their children going through these state assessments.

In Delaware, we will find out how our state did tomorrow when the mighty Markell and the distorted DOE release the 2015 results for the Smarter Balanced Assessment.  Will they release the participation rate for the test?  Or will we have to wait for the State Board of Education presentation on September 17th for that?  Whatever the opt-out numbers are, they WILL increase in 2016.

I’m already hearing about how districts are bragging that they did better than they thought.  But there is no indication if this is better than the proficiency rates for DCAS from last year.  One common thing I am hearing in Delaware as well as the rest of the country: students with disabilities did very bad on the Smarter Balanced.  Really bad.  Single digit proficiency in a lot of cases…

Will Dr. Steven Godowsky, the Interim Delaware Secretary of Education do anything?  He has been very quiet since the “resignation” of Mark Murphy two and a half weeks ago.  Will he be a Markell puppet or his own man? One thing is for sure, if districts, charters and the DOE thought they had their hands full with opt-out requests this year, they might want to fasten their seatbelts, because REFUSE THE TEST DELAWARE is going to give them a long and bumpy ride!

Is The Delaware DOE A Victim Of Federal Mandate As Much As Our Students & Educators?

The more I look into education on a federal level, the more I think it is not just parents who are bullied and intimidated, but also each state Department of Education.  For the past week, I have been closely examining the “school report card” fiasco in Delaware.  Dubbed the “Delaware School Success Framework”, this is a new accountability system for public schools in Delaware.  The controversy around it has centered around a participation rate penalty which the Delaware Department of Education said was a “non-negotiable” and “required” item on the framework.  While this is still being investigated by this blog and others at this point, and what the DOE said and did at different pints in time, it is becoming obvious US DOE “mandates” can be non-regulatory but said in a way it could be easily perceived as threatening or intimidating.

The participation rate is the percentage of children who take the state assessment, which in Delaware’s case is the Smarter Balanced Assessment.  The rule is that it can’t go below the 95% mark, otherwise there would be penalties.  For years, everyone assumed this was a cut in federal funding, which has never happened.  But as I review Delaware and other state’s 2015 ESEA Flexibility Waivers, I’m finding some states are choosing the participation rate penalty in lieu of checking the area off where they would receive cuts in funding.  If the feds have never done this before, when many schools have clearly gone way below the 95% mark, why would they be harping on this now?

When states like New York, New Jersey and Washington had very high opt-out rates statewide, this drew a lot more attention to the issue.  States like Delaware and Oregon had opt-out legislation passed by their legislators.  In Oregon, the Governor signed it.  In Delaware, the Governor vetoed the bill.  But opt-out will continue, and probably in larger numbers this school year.  This is not a train that can be stopped.

Other mandates by the US DOE, such as the labeling of Title I schools as priority or focus, seem to be closely watched and monitored by the feds.  These schools labels are all based on the proficiency ratings from the state assessments, which is very dangerous.  High poverty schools can not be compared to regular schools whose students are not within the same sub-groups.  It is a system designed specifically to measure up or close.  The very term “sub-group” would indicate these students are below others.  I watched the Delaware DOE stumble through this last year, and I was privy to internal and external emails surrounding this debacle through released FOIA material.  The whole process is so convoluted it would take a Mensa genius to figure it all out.

Who in Delaware will stand up to the Feds once and for all for the sake of our children?  If you are banking on Governor Markell, I don’t see that happening.  Will the interim Secretary of Education, Dr. Steven Godowsky, step up?  And how will the upcoming ESEA reauthorization impact all of this?  And will President Obama even sign the bill if Congress gets together and successfully combines both versions of the legislation?  The next few months will be very interesting for education.