Subchapter III. State Public Education Assessment and Accountability System

TITLE 14

Education

Free Public Schools

CHAPTER 1. DEPARTMENT OF EDUCATION

Subchapter III. State Public Education Assessment and Accountability System

§ 151. State student testing program; rules and regulations [Effective until the beginning of the 2010-2011 school year]

(a) The Department shall adopt rules and regulations consistent with the laws of this State governing the statewide assessment
of student achievement and the assessment of the educational attainments of the Delaware public school system. The Secretary
shall consult with the State Board and representatives of the local school districts in designing and implementing the assessment
program required under this section. The assessment program shall be designed and operated to provide the General Assembly,
the Governor, the Secretary, the State Board of Education, educational administrators, teachers, parents and the public with
timely and accurate information on student achievement and educational attainments.

(b) The Department shall continue to conduct any student achievement assessments it is currently conducting through the end
of the 2009-2010 school year.

(c) Beginning no later than the 1998-1999 school year, the Department shall conduct an annual assessment of student achievement
for pupils in a minimum of at least 4 grade levels in the core curriculum areas of science and social studies.

(d) The assessments required pursuant to subsection (b) of this section shall be designed and constructed so as to provide:

(1) A valid and reliable measure of individual student performance relative to the State standards in such curriculum areas;
and

(2) A valid and reliable measure of student performance relative to students nationally.

(e) The assessments required pursuant to subsection (c) of this section shall be designed and constructed so as to provide
a valid and reliable measure of individual student performance relative to State standards in such curriculum areas.

(f) The Secretary of Education shall annually report the results of the assessment program to the General Assembly, the Governor
and the public. Such reports shall include:

(1) An analysis of the results of each assessment activity;

(2) Recommended statewide action to address identified deficiencies;

(3) School and district assessment results; and

(4) A delineation of district plans to raise the achievement levels of performance by (or to measure and demonstrate by some
alternative, Department-established or approved criteria, the requisite level of achievement by) students who have failed
to demonstrate the established level of performance required pursuant to § 152(a) and (b) of this title and such levels of
performance as shall be established for pre-high school students by Department regulation.

(g) The Department shall establish alternate assessments for children with disabilities who cannot participate in the statewide
assessment of student achievement even with appropriate accommodations and modifications. Alternate assessments must be developed
and used in the annual statewide assessment beginning not later than the 2010-2011 school year. Each local school district,
through the individual student's Individualized Education Program Team or 504 Team, shall determine what assessment the student
will take, as well as the student's matriculation or promotion status and necessary remedial activities if the student's performance
on the assessment is below standard, and if the statewide assessment is administered, what accommodations and/or modifications
will be utilized. However, no student shall be denied the opportunity to take the state assessments administered pursuant
to subsections (b) and (c) of this section.

(h) Pursuant to § 1270(d) of this title, the Department shall conduct statewide annual assessments of student achievement
for students in grades 2 through 10 not assessed pursuant to subsection (b) of this section. All school districts and public
schools shall participate in such assessments. For kindergarten and first grade, all school districts are required to follow
the state standards, to assess the progress of students toward meeting those standards, and to report such progress to parents.

(i) Rules and regulations pursuant to this subchapter shall be proposed by the Secretary subject to approval by the State
Board of Education.

71 Del. Laws, c. 181, § 2; 72 Del. Laws, c. 294, § 55; 73 Del. Laws, c. 44, § 1; 74 Del. Laws, c. 220, §§ 1, 2; 75 Del. Laws, c. 305, § 1; 77 Del. Laws, c. 194, §§ 1, 2.;

§ 151. State student testing program; rules and regulations [Effective with the beginning of the 2010-2011 school year]

(b) The Department shall continue to conduct any student achievement assessments it is currently conducting through the end
of the 2009-2010 school year.

(c) Beginning with the 2010-2011 school year, the Department shall begin to administer both accountability and growth assessments
of student achievement for students in grades 3 through 8, provided that additional grades may be added by the Department.
One assessment shall occur within 30 school days of the beginning of the academic year, the second assessment shall occur
at a time established by the Department which will allow its results to guide education of students within the current school
year. In addition, the Department shall administer end of course assessments in appropriate high school grades.

(d) The assessments referred to in subsection (c) of this section shall measure achievement in reading and mathematics for
students in a minimum of grades 3 through 8 and high school, provided additional grades may be added by the Department. Science
and social studies shall be assessed for students at least once in the elementary grades, once in the middle grades, and once
in high school.

(e) The assessments required in subsection (c) of this section shall measure:

(1) Student performance as required by any federal mandate; and

(2) For grades 3 through 8, the academic progress of individual students in reading and mathematics within a single school
year.

(f) Notwithstanding any law or regulation to the contrary, matriculation and academic promotion requirements imposed by §
153 of this title shall be based upon the student's best assessment results received on 1 of the multiple assessments referred
to in subsection (c) of this section.

(h) For kindergarten and first grade, all school districts are required to follow the state standards, to assess the progress
of students toward meeting those standards, and to report such progress to parents.

(i) Rules and regulations pursuant to this subchapter shall be proposed by the Secretary subject to approval by the State
Board of Education.

71 Del. Laws, c. 181, § 2; 72 Del. Laws, c. 294, § 55; 73 Del. Laws, c. 44, § 1; 74 Del. Laws, c. 220, §§ 1, 2; 75 Del. Laws, c. 25, § 2; 75 Del. Laws, c. 305, § 1; 76 Del. Laws, c. 9, § 2; 77 Del. Laws, c. 194, §§ 1-3.;

§ 152. State high school diploma requirements; certificate of performance [Effective until Jan. 1, 2011]

(a) Beginning in 2005, students graduating from a Delaware public high school shall be awarded either a State of Delaware
High School Diploma or a State of Delaware Distinguished Achievement Diploma. The type of diploma shall be clearly indicated
on the face of each diploma.

(b) For 2005 students who graduate from a Delaware public high school, the Department of Education shall issue the traditional
state diploma, now referred to as the State of Delaware High School Diploma, or the State of Delaware Distinguished Achievement
Diploma, formerly referred to as the Distinguished Achievement Diploma, utilizing the rules and regulations governing the
issuance of diplomas for the 2003-2004 school year.

(c) In 2006, the Department shall award a State of Delaware High School Diploma to a student graduating from a Delaware public
school who successfully completes the prescribed course requirements established by the State, or the district, if district
credit requirements are higher than those of the State. The Department of Education, with the concurrence of the State Board
of Education, shall establish by regulation the proficiency levels of performance relative to the State high school content
standards on the assessments administered pursuant to § 151(b) and (c) of this title, and the use of other academic indicators
and their corresponding proficiency levels for a student to receive a State of Delaware Distinguished Achievement Diploma.
Other academic indicators may include but are not limited to assessments such as the Preliminary Scholastic Aptitude Test
(PSAT), the Scholastic Aptitude Test (SAT), Advanced Placement test scores, American College Test (ACT), local district assessments
and indicators used to determine student proficiency relative to the content standards, and other assessments approved at
the state level in a content area. Beginning in 2008, a State of Delaware Distinguished Achievement Diploma shall not be awarded
to students graduating from any Delaware public high school.

(d) A high school student who fails to achieve a proficient level of performance on the assessments required in § 152(b),
or (c) may retake the assessments each succeeding year they continue in high school. Students taking the alternative assessment
pursuant to § 151(g) of this title shall be exempt from this requirement.

(e) The Department shall issue a certificate of performance to a student who has met the requirements of the student's Individualized
Education Program but has not completed the high school graduation course requirements established by the State, or the district,
if district credit requirements are higher than those of the State, and has not demonstrated the proficient level of performance
established pursuant to subsection (b), or (c) of this section.

(f) A student receiving a State of Delaware High School Diploma in 2004 or 2005 may request that the student's district or
charter school reevaluate the diploma determination based on any adjustment or addition of other academic indicators for the
determination of the Distinguished Achievement Diploma. If it is determined the student earned the Distinguished Achievement
Diploma, the Department shall retroactively award such diploma.

71 Del. Laws, c. 181, § 3; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 399, §§ 5, 6; 72 Del. Laws, c. 294, § 56; 73 Del. Laws, c. 44, §§ 2-4; 74 Del. Laws, c. 247, § 1; 75 Del. Laws, c. 24, § 1; 76 Del. Laws, c. 9, § 1.;

§ 152. State high school diploma requirements; certificate of performance [Effective Jan. 1, 2011]

(a) The Department of Education shall award a "State of Delaware High School Diploma" to a student graduating from a Delaware
public high school.

(b) The Department shall award diplomas to students who:

(1) Successfully complete the prescribed course requirements established by the State, or the district, if district credit
requirements are higher than those of the State; and

(2) Achieve proficient levels of performance, relative to the State high school content standards, on the assessments administered
pursuant to § 151(b) and (c) of this title in conjunction with other academic indicators as defined by Department regulations.

(c) A high school student who fails to achieve a proficient level of performance on the assessments pursuant to this section
may retake the assessments each succeeding year they continue in high school. This subsection shall not apply to students
taking the alternative assessment pursuant to § 151(g) of this title.

(d) The Department shall issue a Certificate of Performance to a student who has met the requirements of the student's Individualized
Education Program but has not completed the high school graduation course credit requirements established by the State, or
the district, if district credit requirements are higher than those of the State.

71 Del. Laws, c. 181, § 3; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 399, §§ 5, 6; 72 Del. Laws, c. 294, § 56; 73 Del. Laws, c. 44, §§ 2-4; 74 Del. Laws, c. 247, § 1; 75 Del. Laws, c. 24, § 1; 75 Del. Laws, c. 25, § 1; 76 Del. Laws, c. 9, §§ 1, 2.;

§ 153. Matriculation and academic promotion requirements.

(a) The Department shall identify 5 levels of individual student performance relative to the state content standards on the
assessments administered pursuant to § 151(b) and (c) of this title to fulfill the following 3 important functions:

(1) Determine the level or levels of individual performance sufficient to demonstrate a proficient level of performance relative
to the state content standards;

(2) Determine the level or levels of individual performance sufficient to demonstrate superior and proficient performance
meriting recognition for outstanding and standards-level achievement pursuant to subsection (c) of this section; and

(3) Determine the level or levels of individual performance inadequate to demonstrate a proficient level of performance relative
to the state content standards and which warrant requiring students performing at such levels to participate in academic improvement
activities as specified in subsection (d) of this section.

(b) The Department may approve, after consultation with the Student Assessment and Accountability Committee established pursuant
to § 158 of this title [repealed], other individual student indicators that may be used to determine a student's performance
relative to the state content standards. Such indicators shall:

(1) Provide a measure of individual student performance relative to the state content standards; and

(2) Include performance on district-administered assessments pursuant to subsection (e) of this section, performance on end-of-course
assessments, student classroom work products, or classroom grades supported by evidence of student work that demonstrates
a student's performance level pursuant to subsection (a) of this section.

(c) The Department, by regulation, shall establish a program to recognize superior and proficient student performance on the
assessments administered pursuant to § 151(b) and (c) of this title. Such a program for superior and proficient performance
shall include: the award of certificates and plaques and the endorsement of student transcripts. The program shall also include
the award of funds which may be used by students who demonstrate superior performance to defray the costs of post-secondary
education. Scholarships awarded pursuant to this program shall be known as the Michael C. Ferguson Achievement Awards and
shall be administered by the Delaware Higher Education Office. A maximum of 600 scholarships at $1,000 each may be awarded
to students annually in the following manner: the students with the 150 highest scores on DSTP without reference to any other
indicators of performances and the students with the 150 highest scores on DSTP who participate in free and reduced lunch
programs in grades 8 and 10. The Department of Education will promulgate rules and regulations to implement this program.

(d) The Department shall require that students whose performance on the assessments administered pursuant to § 151(b) of this
title is inadequate to demonstrate a proficient level of performance relative to the state content standards, benchmarked
to the extent practicable to accurately reflect the point in the school year that students actually are administered the statewide
assessment, participate in academic improvement activities as follows:

(1) A 3rd, 5th or 8th grade student whose performance on the reading portion of the assessments administered pursuant to §
151(b) of this title is Below the Standard, Level II on the DSTP, shall not advance to the next grade unless:

a. The student's parent or parents or guardian and the school district agree on an individual improvement plan (which may
include but is not limited to summer school, before and/or after school instruction, Saturday school, and/or tutoring) to
remediate those areas of weakness demonstrated by the state assessment. A student's parent or parents or guardian shall have
the right to appeal the contents of an individual improvement plan to an academic review committee established pursuant to
this section;

b. If no agreement pursuant to paragraph (d)(1)a. of this section can be reached, the student shall attend a summer school
program and demonstrate a proficient level of performance on the state reading assessment prior to the commencement of the
next school year. If at the end of summer school the student still does not demonstrate proficiency on the state reading assessment
the student shall be retained unless an academic review committee composed of educators from the student's district determines
that the student has demonstrated proficient performance relative to the state content standards using evidence from other
indicators approved pursuant to subsection (b) of this section; or

c. The student has previously been retained for 2 years because of academic performance.

(2) A 3rd, 5th or 8th grade student whose performance on the reading portion of the assessments administered pursuant to §
151(b) of this title is Well Below the Standard, Level I on the DSTP, shall not advance to the next grade unless:

a. The student attends a summer school program and demonstrates a performance of Below the Standard, Level II, or above on
the state reading assessment prior to the commencement of the next school year; and if the student's performance is at Below
the Standard, Level II, the student's parent or parents or guardian and the school district agree on an individual improvement
plan in accordance with paragraph (d)(1)a. of this section.

b. An academic review committee composed of educators from the student's district determines that the student has demonstrated
proficient performance relative to the state content standards using evidence from other indicators approved pursuant to subsection
(b) of this section. Such evidence shall only be used if the student has not demonstrated a proficient level of performance
on the reading assessment after at least 1 retake of the state assessment at a grade level; or

c. The student has previously been retained for 2 years because of academic performance.

d. Notwithstanding the requirements of paragraphs (d)(2)a. and (d)(2)b. of this section, a student may advance to the next
grade level without attending summer school if an academic review committee composed of educators from the student's district
or charter school determines that the student has demonstrated proficient performance relative to the state content standards
using evidence from other indicators approved pursuant to subsection (b) of this section.

(3) An 8th grade student whose performance on the math portion of the assessments administered pursuant to § 151(b) of this
title is Below the Standard, Level II on the DSTP, shall not advance to the next grade unless:

a. The student's parent or parents or guardian and the school district agree on an individual improvement plan (which may
include but is not limited to summer school, before and/or after school instruction, Saturday school, and/or tutoring) to
remediate those areas of weakness demonstrated on the state assessment. A students parent or parents or guardian shall have
the right to appeal the contents of an individual improvement plan to an academic review committee established pursuant to
this section;

b. If no agreement pursuant to paragraph (d)(3)a. of this section can be reached, the student shall attend a summer school
program and demonstrate a proficient level of performance on the state mathematics assessment prior to the commencement of
the next school year. If at the end of summer school, the student still does not demonstrate proficiency on the state assessment,
the student shall be retained unless an academic review committee composed of educators from the student's district determines
that the student has demonstrated proficient performance relative to the state content standards using evidence from other
indicators approved pursuant to subsection (b) of this section; or

c. The student has previously been retained for 2 years because of academic performance.

(4) An 8th grade student whose performance on the math portion of the assessments administered pursuant to § 151(b) of this
title is Well Below the Standard, Level I on the DSTP, shall not advance to the next grade unless:

a. The student attends a summer school program and demonstrates a performance of Below the Standard, Level II, or above on
the state mathematics assessment prior to the commencement of the next school year; and if the student's performance is at
Below the Standard, Level II, the student's parent(s) or guardian and the school district agree on an individual improvement
plan in accordance with paragraph (d)(3)a. of this section.

b. An academic review committee composed of educators from the student's district determines that the student has demonstrated
proficient performance relative to the state content standards using evidence from other indicators approved pursuant to subsection
(b) of this section. Such evidence shall only be used if the student has not demonstrated a proficient level of performance
on the state mathematics assessment after at least 1 retake of the state assessment at a grade level; or

c. The student has previously been retained for 2 years because of academic performance.

d. Notwithstanding the requirements of paragraphs (d)(4)a. and (d)(4)b. of this section, a student may advance to the next
grade level without attending summer school if an academic review committee composed of educators from the student's district
or charter school determines that the student has demonstrated proficient performance relative to the state content standards
using evidence from other indicators approved pursuant to subsection (b) of this section.

(5) With respect to a student whose performance continues to be deficient after completion of the retention year, the Department
may not require that the student's district retain the student at grade level for another year, but shall require that the
district develop an individual improvement plan pursuant to Department regulations. The Department regulations must require
that each individual improvement plan identify a specific course of study for the student and the academic improvement activities
the student must undertake in order to improve the student's ability to a proficient level. Academic improvement activities
may include mandatory participation in summer school, extra instruction and mentoring programs.

(6) For a student whose performance on the statewide assessment pursuant to § 151(b) of this title at grade 6 or 7 in mathematics
or grades 2, 4, 6 or 7 in reading whose score assessment does not meet a proficient level of performance relative to the state
content standards, the local school district shall, in consultation with the student's parent or parents or guardian, develop
an individual improvement plan (which may include but is not limited to summer school, before and/or after school instruction,
Saturday school and/or tutoring) to remediate those areas of weakness demonstrated by the assessment. To the extent the statewide
assessment is not available, local school districts shall strive to use other means to identify students deemed in danger
of failing to reach a proficient level of performance relative to the state content standards on assessments administered
pursuant to § 151(b) of this title and shall develop individual improvement plans for those students to remediate identified
areas of weakness.

(7) The state funding for the individual improvement plans under this subsection shall be limited to the "extra time" funding
provided by annual appropriation by the General Assembly.

(8) The Department may require school districts to undertake academic improvement activities with respect to students whose
performance is inadequate to demonstrate a proficient level of performance relative to the state content standards on an assessment
pursuant to § 151(b) of this title. Such activities may include extra instruction or mentoring programs.

(9) Any academic review committee established pursuant to this subsection shall include at least 1 teacher from the grade
level to which the student may be promoted.

(10) An individual student's mandatory participation in summer school pursuant to paragraph (d)(2) or (4) of this section
may not be excused on more than 2 occasions by the use of other indicators.

(e) The Department shall identify and certify alternative assessments to determine whether students have reached the same
proficient level of performance as is required on the reading and mathematics assessments administered pursuant to § 151(b)
of this title. Any alternative assessment shall be equally rigorous, valid and reliable as the assessments administered pursuant
to § 151(b) of this title. Approval of any alternative assessment by the Department shall require the joint approval of the
Secretary and the State Board of Education who shall issue written findings supporting the Department's decision to approve
an alternative assessment. Nothing contained in this subsection shall prevent an individual school district, with approval
of the Department, from establishing alternative assessments to determine whether students have reached the same proficient
level of performance required on the reading and mathematics assessments administered pursuant to § 151(b) of this title.
Any alternative assessments proposed by an individual district shall, prior to approval, be found by the Department to be
equally rigorous, valid and reliable as the assessments administered pursuant to § 151(b) of this title. Approval of any alternative
assessment by the Department shall require the joint approval of the Secretary and the State Board of Education, who shall
issue written findings supporting the Department's decision to approve an alternative assessment. Any district that receives
such approval shall provide such continuing evidence of the alternative assessment's reliability and validity as the Secretary
and State Board of Education shall require to ensure compliance with this subchapter.

(f) School districts may require any student to participate in academic improvement activities specified for the student by
the district in accordance with the Department rules and regulations promulgated pursuant to this section or in accordance
with the district's own policies. A student who refuses to comply with a district requirement for participation in academic
improvement activities shall be subject to the same disciplinary actions as for other acts of absenteeism or truancy.

(g) Those students administered alternate assessments pursuant to § 151(g) of this title shall not be subject to the provisions
of subsection (d) of this section.

(h) The Department shall promulgate rules and regulations to ensure the proper administration of the assessment pursuant to
§ 151 of this title. Such rules and regulations shall ensure that assessments are administered in accordance with security
procedures which guarantee the validity of the results of such assessments.

(i) The Department shall promulgate rules and regulations to implement this section.

71 Del. Laws, c. 399, § 1; 72 Del. Laws, c. 294, §§ 57-59; 72 Del. Laws, c. 309, § 1; 73 Del. Laws, c. 44, §§ 5-8; 73 Del. Laws, c. 257, §§ 1, 2, 3; 73 Del. Laws, c. 321, § 14; 74 Del. Laws, c. 167, §§ 1-5; 75 Del. Laws, c. 305, §§ 2-8; 77 Del. Laws, c. 431, § 16.;

§ 154. School accountability for academic performance.

(a) The Department shall create a program to provide the public with objective information about the academic performance
of all Delaware public schools, including charter schools, through the Education Profiles required pursuant to § 124A of this
title. The program shall classify schools based on the performance of their student bodies on the assessments administered
pursuant to § 151(b) and (c) of this title, as well as other criteria as established by the Department of Education regulations
pursuant to subsection (b) of this section. The Department shall classify schools by utilizing 5 ratings of school performance
to be known as "Superior Performance," "Commendable Performance," "Academic Review," "Academic Progress" and "Academic Watch."

(b) The Department shall establish criteria for the determination of whether a school is eligible for recognition, or subject
to improvement and accountability activities. For the purposes of this section, a school may be defined as an aggregate of
grade levels or, an actual facility. The Department regulations setting forth such criteria shall be at a minimum consistent
with the requirements of the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq.

(c) The Department shall develop a program to commence during fiscal year 2004 to recognize the performance of schools designated
as "Superior Performance" and "Commendable Performance." Such program shall, subject to the extent of available appropriations,
include recognition of schools through the Education Profiles pursuant to § 124A of this title; special ceremonies, the award
of plaques or flags.

(d) The Department shall develop a program to improve and hold accountable those schools identified as "Academic Review,"
"Academic Progress" and "Academic Watch." Such program shall be at a minimum consistent with any sanctions prescribed by the
federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq.

(e) The Department, with the consent of the State Board of Education, shall promulgate rules and regulations to implement
this section.

71 Del. Laws, c. 399, § 1; 72 Del. Laws, c. 294, §§ 51, 52; 73 Del. Laws, c. 54, §§ 1-15; 74 Del. Laws, c. 28, §§ 2-11; 74 Del. Laws, c. 68, § 291(b).;

§ 155. School district and school board accountability for academic performance.

(a) The Department shall create a program to provide the public with objective information about the academic performance
of all Delaware public reorganized and vocational-technical school districts, through the Education Profiles specific to each
school district required pursuant to § 124A of this title. The program shall classify districts based on the assessments administered
pursuant to § 151 (b) and (c) of this title, as well as other criteria established by the Department of Education regulations
pursuant to subsection (b) of this section. The Department shall classify school districts by utilizing 5 ratings of district
performance to be known as "Superior Performance," "Commendable Performance," "Academic Review," "Academic Progress" and "Academic
Watch."

(b) The Department shall establish the criteria for the determination of whether a school district is subject to recognition,
or subject to improvement and accountability activities. The Department regulations setting forth such criteria shall be at
a minimum consistent with the requirements of the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301
et seq.

(c) The Department shall develop a program to commence during Fiscal Year 2004 to recognize the performance of school districts
designated as "Superior Performance" and "Commendable Performance." Such program shall, subject to the extent of available
appropriations, include recognition of districts and their boards of education through the Education Profiles pursuant to
§ 124A of this title; special ceremonies, the award of plaques or flags.

(d) The Department shall develop a program to improve and hold accountable those school districts identified as "Academic
Review," "Academic Progress" and "Academic Watch." Such program shall be at a minimum consistent with any sanctions prescribed
by the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq.

(e) The Department, with the consent of the State Board of Education, shall promulgate rules and regulations to implement
this section.

71 Del. Laws, c. 399, § 1; 73 Del. Laws, c. 54, §§ 16-22; 74 Del. Laws, c. 28, §§ 12-17; 74 Del. Laws, c. 307, § 327(b).;

§ 156. Department of Education accountability for academic performance.

(a) An effectively functioning Department of Education should serve as a critical support structure for the entire Public
Education system. In order to meet this challenge, the Department shall fully implement its leadership and service missions
by committing itself to high standards of quality assurance and quality management practices. In order to ensure that the
Department will remain focused on the principles of continuous quality improvement and client service and that it will do
so in accordance with recognized national and/or international standards, the Secretary shall commission an independent entity
to conduct and publish an annual customer satisfaction report to determine the level of satisfaction among education constituencies
dependent on Department of Education services and policies. Such survey shall seek the views of local school boards, school
administrators, teachers, parent organizations, the business community and other relevant constituencies. To further improve
the performance of the Department of Education, the Secretary shall pursue the active involvement of the business community
in reviewing management practices in the Department, such as the Department's success in deregulation, the quality of Department's
strategic plan and the Department's success in meeting its strategic objectives, and the quality and cost-effectiveness of
the technical assistance provided by the Department to local school districts. The report shall be submitted to the Governor
45 days before public distribution so that the Governor may take appropriate action based on its recommendations.

(b) The Department shall provide each school and school district high-quality diagnostic data analyzing the specific strengths
and weaknesses of student performance within the school district, which is both user-friendly and timely in accordance with
the timelines specific in this subchapter for the commencement of school and district improvement activities.

(c) Beginning in the year 2001, the Secretary of Education shall submit to the Governor and the General Assembly each year
an annual education outcome report. The report must be based on the unit count taken in September of the school year immediately
preceding the annual reporting date and must contain the following information:

(1) The number of students enrolled in 12th grade, based on the September unit count;

(2) The number of those students still enrolled at the close of the school year who receive a high school diploma and the
type of diploma received;

(3) The number of those students still enrolled at the close of the school year who complete 12th grade, but do not receive
a high school diploma;

(4) The number of those students who, by the close of the school year, have dropped out of school; and

(5) The number of those students who, by the close of the school year, transferred to other schools.

(d) Each year the Secretary shall conduct a graduate follow-up study of students who completed the 12th grade during the preceding
school year to determine the educational and employment status of each student. The survey shall request information regarding
the postsecondary education enrollment status and the employment status of students and shall, at a minimum, include the following
questions:

(1)a. Is the student presently enrolled in a postsecondary educational institution of any type?

b. Is the student enrolled full-time or part-time?

c. What is the student's major area of study?

d. What is the name of the institution in which the student is enrolled?

(2)a. Is the student presently employed?

b. Is the student employed full-time or part-time?

c. The name and address of the student's employer?

d. In what industry is the student employed?

e. What position does the student hold?

f. What is the student's hourly/weekly/annual salary?

(3) What is the student's perception of the value of that student's own secondary education in terms of preparation for postsecondary
education or employment?

(e) For the purpose of performing a comparative longitudinal analysis of the information collected for an annual educational
outcome report, the Secretary shall compile similar information about students who graduated in 1998 and 1999, and shall use
the 1998 information as the basis for all comparisons. The goal of educational outcome accountability is to decrease the 2.9%
1998 Delaware public school dropout rate for grade 12, as published in the Department of Education report entitled Delaware
Dropouts, 1997-1998 Summary Statistics, December 1998.

(f) Nothing in this section prohibits the Department of Education from conducting a more comprehensive survey and/or evaluation
for the annual educational outcome report.

71 Del. Laws, c. 399, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 430, § 1; 74 Del. Laws, c. 28, §§ 18-21.;

§ 157. Parental involvement in education, expectations of parents, expectations of schools and school personnel.

(a) There is no adequate substitute for the involvement of a concerned and committed family in the education of a child. The
State therefore endeavors to encourage parents and families to become involved in the education of their children and to operate
a system of public schools which welcomes and fosters such positive involvement by parents and families.

(b) Among the most important elements of effective parental and family involvement in education are: communication -- regular,
2-way, meaningful communications between parents and schools; effective parenting skills -- the exercise by parents of good
parenting skills for the benefit of their children and the fostering of such skills by public schools; parental involvement
in student learning -- parents play an integral role in student learning and emphasize the importance of education, and schools
assist parents in these endeavors; volunteerism -- parents are welcomed by schools, and commit themselves to providing support
to their children's schools as volunteers; school based decisionmaking -- parents involve themselves in the educational decisionmaking
process at the school and district level and are welcomed in that role by schools; collaboration with the community -- parents
and schools work together to strengthen the connection between families, schools and community resources such as nonprofit
organizations, business and religious institutions.

(c) The Department of Education shall work with the Delaware State Congress of Parents and Teachers to promulgate and maintain
in current form a Parents' Declaration of Responsibilities reflecting the elements set forth in subsection (b) of this section
and such other elements of effective parental and family involvement as the Department identifies. Such Declaration shall
identify responsibilities for parents and families, as well as the responsibilities the public schools have to help parents
meet such responsibilities.

(d) The Department of Education shall encourage local school districts and schools to adopt the Parents' Declaration of Responsibilities
as local policy and to encourage parents at the beginning of each school year to execute an agreement to commit themselves
to carry out, to the best of their abilities, the responsibilities outlined in the Declaration.

71 Del. Laws, c. 399, § 1.;

§ 158. Student Assessment and Accountability Committee.

Repealed by 77 Del. Laws, c. 106, § 1, effective July 6, 2009.

§ 159. State high school diploma for World War II veterans.

(a) Notwithstanding any statute, rule or regulation to the contrary, the Department shall provide for the awarding of a state
high school diploma to any World War II veteran who:

(1) Left a Delaware high school prior to graduation in order to serve in the armed forces of the United States;

(2) Did not receive a Delaware high school diploma, or received a G.E.D., as a consequence of such service; and

(3) Was discharged from the armed services under honorable conditions.

(b) The Department and the Delaware Commission of Veterans Affairs shall jointly promulgate rules, regulations and guidelines
for the identification of eligible veterans and for the awarding of diplomas pursuant to this subsection, which shall include
posthumous awards.

(c) For purposes of this section, "World War II veteran" means any veteran who performed wartime service between December
7, 1941, and December 31, 1946.

73 Del. Laws, c. 23, § 1.;