Breaking News: Changes To Regulation 225 Coming Out Tomorrow Morning

On June 1st, a new issue of the Delaware Registrar of Regulations will come out.  Included in this will be a revision to Regulation 225.  Apparently the changes will address the issue of parental involvement which caused a substantial amount of resistance to the regulation when it came out last fall.

When the revision comes out tomorrow, the public will have 30 days to give public comment on the regulation.

The original Regulation 225 limited the ability of schools to let parents know about issues when a transgender student sought help from the school.  The Delaware Department of Education said they put this in there so as not to cause an issue where students could be in danger due to the school notifying the parent.

Some parents in Delaware had issues with the entire regulation and voiced their discontent.  I don’t think this regulation will ever make everyone happy but it sounds like the Delaware DOE did make changes.  We will find out tomorrow what they are.

As US DOE Releases Proposed Rules For ESSA, Kline & Alexander Threaten To Pull The Plug

The first set of proposed rules for the Every Student Succeeds Act, unofficially released on May 20th, are already drawing the ire of many in Washington D.C. are not too happy with them.  Senator Lamar Alexander (TN) and US Rep. John Kline (MN) issued a press release today advising the United States Dept. of Education and Secretary of Education John King that if the proposed rules for regulation do not match the sprit and intent of the law they will take measures to overturn the proposed rules.

Both Kline and Alexander feel the federal overreach, which ESSA was supposed to get rid of, is still there.  This is not the first time in recent months they have blasted John King over the US DOE’s interpretation of the ESSA.  But as the proposed rules come out, expect a vicious fight in D.C.

Below are the proposed rules sent out for public comment.  They will be published in the Federal Register on May 31st, next Tuesday.  Also below are a summary of the proposed rules, a chart, the press release issued today by the US DOE on the proposed regulations, the Title I approved consensus for regulatory language on assessments, and the press release issued today by Kline and Alexander.

NOTICE OF PROPOSED RULEMAKING FOR REGULATIONS UNDER ESSA FOR ACCOUNTABILITY, STATE PLANS, AND DATA REPORTING TO APPEAR IN FEDERAL REGISTER ON 5/31/16

US DOE SUMMARY OF PROPOSED REGULATIONS ON ACCOUNTABILITY, STATE PLANS, AND DATA REPORTING UNDER ESSA

US DOE CHART ON PROPOSED ESSA REGULATIONS

PRESS RELEASE FROM US DOE ON PROPOSED REGULATIONS, 5/20/16

TITLE Ia: APPROVED CONSENSUS REGULATORY LANGUAGE FOR ASSESSMENT IN ESSA, 4/19/16

PRESS RELEASE ISSUED BY HOUSE AND SENATE EDUCATION COMMITTEE CHAIRMEN, 5/26/16

House and Senate Education Committee Chairmen: ESSA Accountability Regulations Need Close Review
Chairmen say if regulation doesn’t follow law, they will seek to overturn it through Congressional Review Act

WASHINGTON, D.C. | May 26, 2016 – House Education and the Workforce Committee Chairman John Kline (R-MN) and Senate Health, Education, Labor, and Pensions Committee Chairman Lamar Alexander (R-TN) released the following statements after the Department of Education released its proposed regulation implementing “accountability” provisions in the Every Student Succeeds Act. This proposed regulation is the first step of the regulatory process. The public will have 60 days to comment on the proposal.

Congressman Kline said: “Congress worked on a bipartisan basis to move the country away from the prescriptive federal mandates and requirements of No Child Left Behind. We replaced that failed law with a fundamentally different approach that empowers state and local leaders to determine what’s best for their schools and students. I am deeply concerned the department is trying to take us back to the days when Washington dictated national education policy. I will fully review this proposed rule and intend to hold a hearing on it in the coming weeks. If this proposal results in a rule that does not reflect the letter and intent of the law, then we will use every available tool to ensure this bipartisan law is implemented as Congress intended.”

Senator Alexander said: “I will review this proposed regulation to make sure that it reflects the decision of Congress last year to reverse the trend toward a national school board and restore responsibility to states, school districts, and teachers to design their own accountability systems. The law fixing No Child Left Behind was passed with large bipartisan majorities in both the House and the Senate. I am disappointed that the draft regulation seems to include provisions that the Congress considered—and expressly rejected. If the final regulation does not implement the law the way Congress wrote it, I will introduce a resolution under the Congressional Review Act to overturn it.”

Delaware School Success Framework Is Regulation 103: * Opt-Out Penalty * Action Schools * Focus Schools * Priority Schools *

THIS IS THE MOST IMPORTANT ARTICLE I HAVE EVER WRITTEN AND ACTION NEEDS TO BE TAKEN NOW!!!!

Now Exceptional Delaware has yet another place to look for information and changes the Delaware Department of Education are trying to squeak into state regulation.  I have found the actual regulation for the Delaware School Success Report in the monthly Delaware Register of Regulations for September.  It is still a proposed regulation but the deadline for public comment is 10/1/15.  I’m glad I found yet another source of information for me to be on top of in this state.  I’m going to have come up with some kind of parent guide to navigate through all this stuff in case I ever become incapacitated or die or whatever.

Yes, this regulation already has the participation rate penalty as part of the regulation, even though it was never on the actual ESEA waiver the public was able to view and comment on.  For the calendar of events/public hearing notices in the registrar, it has a listing of what the options are for the public to comment on a regulation or any hearings to attend based on the regulation.  For all of them EXCEPT Regulation 103, it states what the regulation is and what the public can do.  For Regulation 103, all it says is:

DEPARTMENT OF EDUCATION

PUBLIC NOTICE

The State Board of Education will hold its monthly meeting on Thursday, September 17, 2015 at 1:00 p.m. in the Townsend Building, Dover, Delaware.

Hmm…

So I have the actual regulation with it’s exact proposed wording below.  Where is the public notification of this regulation in printed material?  In the meantime, if you have never read a long document on Scribd, this is the time WHERE YOU MUST READ EVERY SINGLE WORD OF THIS BECAUSE THIS IS THE FUTURE OF EDUCATION IN DELAWARE!!!!!!!!!!!  Every single legislator, parent, teacher, staff member, principal, district worker, district administrator, superintendent, board member and citizen needs to read this.  Because if you don’t act NOW, it will be too late.  AND THERE IS NO WAY THE 148TH GENERAL ASSEMBLY WILL BE ABLE TO OVERRIDE THE HOUSE BILL 50 VETO once this goes into effect because it will go against STATE LAW!  You MUST write or email the DOE by October 1st, and give public comment at next week’s State Board of Education meeting, on September 17th, to voice your strong objection to this absolute state takeover of our neediest schools based on the Smarter Balanced Assessment.  The Delaware School Success Report is NOT the same as the Delaware School Success Framework.  The report is just the pretty little report card parents will get on the school.

Alternate Testing Approved By Senate Bill 229 Last Summer Won’t Start This School Year

Last June, Delaware Senator Nicole Poore sponsored Senate Bill 229, which allowed for the most disabled of students to take an alternate assessment as opposed to the Smarter Balanced Assessment.  In the past, these students took what was called the DCAS-Alt, but a new “portfolio” test was supposed to start this academic year.  That is not going to happen.

Due to some issues with the wording in the new regulation, Senator Poore went to the Governor’s Advisory Council for Exceptional Citizens and the State Council for Persons with Disabilities and put forth new parts to the regulation which had been approved by the Delaware State Board of Education at their December meeting.

Because of the changes in the regulation, it has to go up for a 60 day comment period.  The updated regulation was published on February 1st, giving the comment period until April 1st.  The earliest the State Board of Education will be able to approve the new regulation would be at their April 16th board meeting.

What this means is any new alternate test won’t go through this year.  These students will still have the DCAS-Alt, but some students with extreme communications issues will have a shortened version.