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!
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