14 Del. Admin. Code § 103-2.0 - Adequate Yearly Progress (AYP)

2.1 Adequate Yearly Progress shall be determined by the Department of Education for all public schools, including charter schools, reorganized and career technical school districts and the State on an annual basis. In order for a public school, including a charter school, reorganized or vocational technical school district or the State to meet AYP, the aggregate student population and each subgroup of students as identified in ESEA, shall meet or exceed the target for percent proficient, with or without the use of a confidence interval to be determined by the Department of Education, and approved by U.S. Department of Education, in the state assessments of reading and mathematics; 95% of the students as an aggregate and within each subgroup shall participate in the state assessments of reading and mathematics, and the respective entity shall meet the requirements of the Other Academic Indicator(s) as defined in 2.6. Beginning 2011 (2010-11 school year), in calculating the percent proficient, the state shall compare the current year's percent proficient on the spring summative assessments to the state Annual Measurable Objectives (AMO) in reading and mathematics.

2.1.1 Adequate Yearly Progress shall include three levels: Above Target, Meets Target and Below Target.

2.1.1.1 Above Target shall mean that the school, district, or State in the aggregate student population and for each subgroup exceeds the AMO in reading and mathematics for percent proficient as defined in 2.3 and further meets the criteria for participation as defined in 2.4 and Other Academic Indicator(s) as defined in 2.6.

2.1.1.2 Meets Target shall mean that the school, district, or State in the aggregate student population and for each subgroup meets the AMO in reading and mathematics with or without the application of a confidence interval for percent proficient as defined in 2.3 or meets the criteria of Safe Harbor defined in 2.5, and further meets the criteria for participation as defined in 2.4 and Other Academic Indicator(s) as defined in 2.6.

2.1.1.3 Below Target shall mean that the school, district, or State in the aggregate student population and for each subgroup did not meet the AMO in reading and mathematics through the application of a confidence interval for percent proficient as defined in 2.3 or does not meet the criteria of Safe Harbor defined in 2.5, or does not meet the criteria for participation as defined in 2.4 or does not meet the criteria of Other Academic Indicator(s) as defined in 2.6.

2.2 Full academic year for accountability:

2.2.1 For school accountability students enrolled continuously in the school from September 30 through the end of the DCAS summative assessment window of a school year including those students identified in 3.1.1 and 3.1.2, shall be considered enrolled for a full academic year.

2.2.2 For district accountability students enrolled continuously in the district (but not necessarily the same school), from September 30 through the end of the DCAS summative assessment window of a school year, including those students identified in 3.1.1 and 3.1.2, shall be considered enrolled for a full academic year.

2.2.3 For state accountability students enrolled continuously in the state (but not necessarily the same school or district) from September 30 through the end of the DCAS summative assessment window of a school year shall be considered enrolled for a full academic year.

2.3 Proficient: For accountability purposes, students who score at Performance Level 3 (Meets the Standard) or above and who have met the requirements of a Full Academic Year as defined in 2.2 shall be deemed proficient. Students who score at Performance Level 2 (Below the Standard) or Level 1 (Well Below the Standard) who have met the requirements of a Full Academic Year as defined in 2.2 shall not meet the definition of proficient.

2.4 Participation Rate: The participation rate for each subgroup shall be the number of students who participate in the DCAS in grades 3 through 8 inclusive and grade 10 divided by the number of students enrolled in these tested grades during the spring summative assessment period. Students exempted by 14 DE Admin. Code 101.9.0 shall be excluded from the participation rate calculation.

2.5 Safe Harbor: For accountability purposes if a school, district or the State fails to meet the AMO for percent proficient for a given subgroup or for the entity in aggregate, Safe Harbor provisions shall be examined for that group. When the percentage of students in a subgroup not meeting the definition of proficient decreases by at least 10% when compared to the previous year's data, the participation rate for the population is at least 95%, and the subgroup meets the requirements of the Other Academic Indicator(s) as defined in 2.6. the subgroup will have met AYP.

2.6 Other Academic Indicator(s):

2.6.1 High School: For AYP purposes in 2011 only, the Other Academic Indicator(s) shall be graduation rate as defined as the number of students in one cohort in the aggregate or, as applicable, in a subgroup, who started in the school, the district or the State in 9^th grade and graduated four years later or in the time frame specified in the Individual Education Program (IEP), excluding students who earn a GED certificate, divided by the same number plus those that have dropped out during the same four year period. Students who were enrolled, because of accountability sanctions, for a second year in 8th grade while attending high school and entered 10th grade the following year are included in the 9th grade cohort of the year they began attending classes in the high school.

2.6.1.1 The statewide target for the high school Other Academic Indicator shall be a graduation rate of 90% by the school year 2013-2014. The statewide target for 2010-2011 shall be 85.5% and shall increase by 1.5 percentage points each year until 90% is reached in 2013-2014. Beginning with the school year 2009-2010, if the graduation rate is used for Safe Harbor purposes, the high school, or, as applicable, the subgroup, shall either demonstrate an increase of at least 2 percentage points from the previous year's rate, or meet the established graduation rate statewide target for that year.

2.6.1.2 A school, or, as applicable, the subgroup, that does not increase its graduation rate from the previous year or meet the statewide target for that school year shall be considered as not meeting AYP for that year.

2.6.2 High School: For AYP purposes beginning 2012 (2011-12 school year), the Other Academic Indicator shall be the graduation rate as defined by 34 C.F.R. 200.19 .

2.6.2.1 The statewide target for the high school Other Academic Indicator shall be a graduation rate of 90% by the school year 2013-2014. The statewide target for 2010-2011 shall be 85.5% and shall increase by 1.5 percentage points until 90% is reached in 2013-2014. Beginning with the school year 2009-2010, if the graduation rate is used for Safe Harbor purposes, the high school, or, as applicable, the subgroup, shall either demonstrate an increase of at least 2 percentage points from the previous year's rate, or meet the established graduation rate statewide target for that year.

2.6.2.2 A school, or, as applicable, the subgroup, that does not increase its graduation rate from the previous year or meet the statewide target for that school year shall be considered as not meeting AYP for that year.

2.6.3 Elementary and Middle School: For AYP purposes, the Other Academic Indicator (OAI) for elementary and middle schools shall be the Average Daily Attendance (ADA). The Other Academic Indicator annual statewide target shall be 90%.

2.6.4 For state and district accountability purposes, the state or a district shall be expected to meet the requirements in 2.6.1 or 2.6.2 and 2.6.3.

2.7 Annual Measurable Objective (AMO): The annual measurable objectives for reading/language arts and mathematics shall be determined by the Department of Education and published annually. The annual measurable objectives shall be the same for all schools, districts and subgroups of students.

2.8 Intermediate Target: There shall be seven intermediate targets with the first intermediate target occurring in the 2004-2005 school year. The second intermediate target shall occur in 2006-2007; the third in 2008-2009; the fourth in 2009-2010; the fifth in 2010-2011, the sixth in 2011-2012 and the seventh in 2012-2013. By the end of the school year 2013-2014, all students in all subgroups shall be proficient in reading and mathematics. The intermediate targets shall be calculated using the procedures as prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq.

2.9 Starting Point: A single statewide starting point shall be calculated for reading and a single statewide starting point shall be calculated for mathematics using the procedures as prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq.

2.10 Subgroup categories: For AYP purposes, subgroup categories shall be delineated as follows:

1) Children with Disabilities (as per IDEA);

2) Economically Disadvantaged Students, as determined by eligibility for free and reduced lunch program;

3) Students identified as English Language Learners (ELL), as determined by the assessment for English Language Learners (ELL); and

4) Race and ethnicity, to be further divided into African American or Black, American Indian or Alaska Native, Asian American, Native Hawaiian or other Pacific Islander, Hispanic or Latino, White or Caucasian, and Multi-Racial. Such subgroup categories shall include all students eligible for the AYP calculation as further defined throughout this regulation. The "All" categories shall include all students in the entity for which AYP is calculated and who meet all other eligibility criteria for the AYP calculation.

2.11 AYP Determinations

2.11.1 For each public school, including charter schools, reorganized and career technical school districts, and the State, AYP shall be calculated annually.

2.11.2 School AYP: In order to meet AYP, the school shall be classified according to 2.1.1 as Above Target or Meets Target. If there are 15 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) shall be reported. If there are 40 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator shall be reported and used to determine AYP status and accountability ratings.

2.11.3 District AYP: In order to meet AYP, the district shall be classified according to 2.1.1 as Above Target or Meets Target. If there are 15 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) shall be reported. If there are 40 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) shall be reported and used to determine AYP status and accountability ratings.

2.11.4 State AYP: In order to meet AYP, the State shall be classified according to 2.1.1 as Above Target or Meets Target. If there are 15 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) shall be reported. If there are 40 or more students in the aggregate or in any subgroup the percent proficient, participation rate and Other Academic Indicator(s) shall be reported and used to determine AYP status and accountability ratings.

2.11.5 Under Improvement: A school or district shall be deemed Under Improvement if AYP is not met two consecutive years in the same content area of reading or mathematics for percent proficient or for participation rate, or if a school or district in the aggregate does not meet the requirements of the Other Academic Indicator(s) as defined in 2.6.

Notes

14 Del. Admin. Code § 103-2.0

7 DE Reg. 1692 (06/01/04)
10 DE Reg. 89 (07/01/06)
13 DE Reg. 1064 (02/01/10)
14 DE Reg. 1353 (06/01/11)