14 Del. Admin. Code § 103-7.0 - Accountability for Schools that are Under Improvement

7.1 Under Improvement Phase 1 -- A school that meets the definition of "Under Improvement" found in 2.11.5 shall, in the first school year after meeting the definition of Under Improvement, be considered in "Under Improvement Phase 1." A school that is in Under Improvement Phase I shall:

7.1.1 Develop a School Success Plan or review and modify its current School Success Plan, outlining specific school improvement activities to be implemented; and

7.1.2 If a school is designated Title I, offer ESEA choice.

7.2 Under Improvement Phase 2 - A school that is identified as Under Improvement Phase 1 pursuant to 7.1 and fails to meet AYP for an additional year shall be considered "Under Improvement Phase 2." Such schools shall:

7.2.1 Amend the School Success Plan to add, at a minimum, one or more of the following options deemed appropriate, if permitted by State and Federal law; and that should be closely aligned with the areas in which the school failed to make AYP. Districts and charter schools may use federal, state or local funding, as permitted by State and Federal law, to implement these initiatives:

7.2.1.1 Development of community partnerships for after school opportunities/tutoring, increasing parental involvement;

7.2.1.2 Educator professional development or mentoring;

7.2.1.3 Supplemental Educational Services as defined in 7.2.2 or other nontraditional services such as credit recovery programs;

7.2.1.4 Performance incentives for Highly Effective Teachers, as defined in 14 DE Admin. Code 106A;

7.2.1.5 Use of family crisis therapists and/or counseling and support programs for students;

7.2.1.6 Technical assistance on budget development/usage, professional development and evaluation, engaging parents and the community;

7.2.1.7 Attendance and school climate initiatives.

7.2.2 Schools designated as Title I shall continue to provide ESEA Choice as defined by ESEA and shall offer eligible students Supplemental Education Services as defined by ESEA. Supplemental Education Services are defined as tutoring and other supplemental academic enrichment services that are designed to increase the academic achievement of students, and are offered in addition to instruction provided during the school day and are of high quality and research-based.

7.3 Corrective Action Phase 1 - A school that is identified as Under Improvement Phase 2 pursuant to 7.2 and fails to meet AYP for an additional year shall enter "Corrective Action Phase 1" status. Districts having schools in this category and charter schools in this category shall:

7.3.1 Develop and implement a Corrective Action Plan for the school that should be closely aligned with the areas in which the school failed to make AYP and that includes at least one of the following, if permitted by State law:

7.3.1.1 Extend the school year or school day for the school:

7.3.1.2 Significantly decrease management authority at school level;

7.3.1.3 Appoint outside expert to advise school on its progress toward making AYP based on its school plan;

7.3.1.4 Restructure internal organizational structure of school;

7.3.1.5 Replace school staff relevant to failure to achieve AYP; or

7.3.1.6 Adopt and fully implement new curriculum including providing appropriate professional development for all relevant staff that is based on scientifically based research and offers substantial promise of improving educational achievement for low-achieving students.

7.3.2 In addition, districts and charter schools shall examine and include one or more of the following items in their Corrective Action Plan as they deem appropriate, if permitted by State law. Districts and charter schools may use federal, state or local funding, if permitted by State and Federal law to implement these initiatives:

7.3.2.1 Institute flexible funding at school level to the extent authorized by applicable law;

7.3.2.2 Provide performance incentives for teachers and principals based in significant part on student achievement;

7.3.2.3 Renegotiate collective bargaining agreements to permit hiring without regard to seniority;

7.3.2.4 Decrease class size;

7.3.2.5 Implement comprehensive instructional reform, including improved instructional program and differentiated instruction;

7.3.2.6 Make changes to scheduling to increase learning time for students and maximize collaboration time for teachers - consider extended learning time, modified or block scheduling; and

7.3.2.7 Increase community-oriented supports, create partnerships with community services programs providing assistance to students outside of school hours, and implement a community-based school model, by which the school would partner with community groups in utilizing school facility to provide extended services to students and the community, which may include permitting student activities at the school after the end of the school day and offering services and support to parents.

7.3.3 Schools designated as Title I shall continue to offer Supplemental Educational Services (as defined in 7.2.2) and Choice as required by ESEA.

7.4 Corrective Action Phase 2 -- A school that is identified as Corrective Action Phase 1 pursuant to 7.3 and fails to meet AYP for an additional year shall enter "Corrective Action Phase 2" status. Districts with schools and charter schools in Corrective Action Phase 2 shall, if permitted by State law:

7.4.1 Continue with the activities of Corrective Action Phase 1 at the school; and

7.4.2 Provide retention incentives for effective educators at the school, subject to funding availability; and

7.4.3 Develop a Restructuring Plan pursuant to 7.5. The district or charter school shall select from the category of options based on the school's outcome on the DOE Achievement Metric based on the assessments taken during Corrective Action Phase 1.

7.4.4 Schools designated as Title I shall continue to offer sSupplemental Educational Services and choice as required by ESEA.

7.5 Restructuring - A school that is identified as Corrective Action Phase 2 pursuant to 7.4 and that fails to make AYP for an additional year shall be considered in "Restructuring," unless that school falls within the category of Partnership Zone schools addressed in 7.6. Districts having schools in Restructuring shall work with the schools to implement the Restructuring Plan developed pursuant to 7.4.3. Charter schools in this category shall implement the Restructuring Plan developed pursuant to 7.4.3. The District or charter school may request funding from the Department for implementation of these provisions. The Restructuring Plan shall include one of the following, if permitted by State law:

7.5.1 For district schools, reopening the school as a public charter school;

7.5.2 Entering a contract with a private management company approved by the Department to operate the school;

7.5.3 Closing the school

7.5.4 Replacing all or most of the school staff (which may include, but may not be limited to, replacing the principal) who are relevant to the school's failure to make AYP; or

7.5.5 Implementing a major restructuring of the school's governance arrangement that makes fundamental reforms, such as significant changes in the school's staffing and governance and longer school days, to improve student academic achievement in the school and that has substantial promise of enabling the school to make AYP. Whether or not a particular school is showing growth on the DOE Achievement Metric shall be a significant factor in the determination of what type of major restructuring is required pursuant to this provision.

7.6 Partnership Zone Schools - A school that is a Persistently Low-Achieving School and that is determined by the Secretary as likely to benefit from assignment to Partnership Zone Schools status shall be designated as a Partnership Zone School by the Secretary. The Secretary shall determine which Persistently Low-Achieving Schools would benefit from Partnership Zone School status through consideration of the academic achievement of the "all students" group in a school in terms of proficiency on the State's assessments under section 1111(b)(3) of the ESEA in reading and mathematics combined, (ii) the school's lack of progress on those assessments over a number of years and qualitative measures as determined by the Secretary. in consultation with the State Board of Education, Chief School Officers Association, and Delaware State Education Association.

7.6.1 Districts with a Partnership Zone school and Partnership Zone charter schools shall enter a memorandum of understanding ("MOU") between the Department and the district or the charter school. The Partnership Zone MOU shall include the following provisions:

7.6.1.1 Selection of one of the models outlined in section 7.6.2;

7.6.1.2 Provisions for regular oversight of the Partnership Zone school by the Department or its designee;

7.6.1.3 For schools at which a collective bargaining agreement governs its employees, a further agreement between and among the district or charter school, the collective bargaining unit, and the Department addressing those subjects, if any, that may inhibit the schools' successful implementation of its model, including but not limited to:

7.6.1.3.1 Limitations on hiring, reassigning and transferring covered employees into and out of the Partnership Zone school, such as seniority limitations;

7.6.1.3.2 The methodology for determining which teachers will be transferred or reassigned as part of the model;

7.6.1.3.3 Work rules relating to the educational calendar and scheduling of instructional time and non-instructional time,

7.6.1.3.4 Instructional reform;

7.6.1.3.5 Professional development requirements and other specialized training;

7.6.1.3.6 Retention and employment incentives, including performance incentives for effective teachers and principals; and

7.6.1.3.7 Any other subject required by these regulations to be addressed in the Partnership Zone school's selected model.

7.6.1.4 In the event the parties are not able to reach the agreement required by 7.6.1.3 within seventy-five (75) days of notice as a Partnership Zone school, each party shall present its last best offer on the areas of disagreement along with a draft agreement, to the Secretary of the Department, who shall accept one of the last best offers, or reject all of them. Should the Secretary reject all offers, the parties shall have thirty (30) days to confer and present the Secretary revised offers for re-consideration pursuant to this section.

7.6.1.5 Other provisions required by the model or mutually agreed upon by the Department and the district or charter school, which may include the following:

7.6.1.5.1 Instituting flexible funding at school level and oversight of same;

7.6.1.5.2 Engagement of a partner, consultant, education management organization or other alternative leadership structure; and

7.6.1.5.3 Extending learning time and community-oriented supports, including more learning time for students, collaboration time for teachers, enrichment activities, and mechanisms for family and community engagement.

7.6.1.6 Schools designated as Title I shall continue to offer Supplemental Educational Services and choice as required by ESEA.

7.6.1.7 Partnership Zone schools that are not making AYP by the end of the second school year following implementation of the Restructuring Plan shall renegotiate the MOU or select one of the other available models under 7.6.2.

7.6.2 Districts having Partnership Zone schools and Partnership Zone charter schools shall work with the Department to implement a plan from the list below. The District may request funding from the Department for implementation of these provisions.

7.6.2.1 School Closure Model, in which a district closes a school and enrolls the students who attended that school in other schools in the district that are higher achieving that are within reasonable proximity to the closed school and may include, but are not limited to, charter schools or new schools for which achievement data are not yet available;

7.6.2.2 Restart Model, in which a district converts a school into a public charter school pursuant to the requirements of Chapter 5 of Title 14 of the Delaware Code, or closes and reopens a school under a charter school operator, a charter management organization or an education management organization that has been selected through a rigorous review process. A restart model shall enroll, within the grades it serves, any former student who wishes to attend the school.

7.6.2.3 Turnaround Model, in which

7.6.2.3.1 A district or charter school shall:

7.6.2.3.1.1 Replace the principal and grant the principal sufficient operational flexibility (including in staffing, calendars/time, and budgeting) to implement fully a comprehensive approach in order to substantially improve student achievement outcomes and increase high school graduation rates;

7.6.2.3.1.2 Using the Delaware Performance Appraisal system II or any locally adopted competencies to measure the effectiveness of staff who can work within the turnaround environment to meet the needs of students, (a) screen all existing staff and rehire no more than 50 percent; and (b) select new staff;

7.6.2.3.1.3 Implement such strategies as financial incentives, increased opportunities for promotion and career growth, and more flexible work conditions that are designed to recruit, place, and retain staff with the skills necessary to meet the needs of the students in the turnaround school;

7.6.2.3.1.4 Provide staff with ongoing, high-quality, job-embedded professional development that is aligned with the school's comprehensive instructional program and designed with school staff to ensure that they are equipped to facilitate effective teaching and learning and have the capacity to successfully implement school reform strategies;

7.6.2.3.1.5 Adopt a new governance structure, which includes, but is not limited to, requiring the school to report to a liaison of the Department or directly to the Secretary;

7.6.2.3.1.6 Use data to identify and implement an instructional program that is research-based and "vertically aligned" from one grade to the next as well as aligned with State academic standards;

7.6.2.3.1.7 Promote the continuous use of student data (such as from formative, interim, and summative assessments) to inform and differentiate instruction in order to meet the academic needs of individual students;

7.6.2.3.1.8 Establish schedules and implement strategies that provide increased learning time (as defined in this notice); and provide appropriate social-emotional and community-oriented services and supports for students.

7.6.2.3.2 A district may implement other strategies, such as:

7.6.2.3.2.1 Any of the required and permissible activities under the transformation model; or

7.6.2.3.2.2 A new school model (e.g., themed, dual language academy).

7.6.2.4 Transformational Model, in which

7.6.2.4.1 A district or charter school shall:

7.6.2.4.1.1 Replace the principal who led the school prior to commencement of the transformation model;

7.6.2.4.1.2 Use rigorous, transparent, and equitable evaluation systems for teachers and principals that-

7.6.2.4.1.2.1 Take into account data on student growth (as defined in this notice) as a significant factor as well as other factors such as multiple observation-based assessments of performance and ongoing collections of professional practice reflective of student achievement and increased high-school graduations rates; and

7.6.2.4.1.2.2 Are designed and developed with teacher and principal involvement;

7.6.2.4.1.3 Identify and reward school leaders, teachers, and other staff who, in implementing this model, have increased student achievement and high-school graduation rates and identify and remove those who, after ample opportunities have been provided for them to improve their professional practice, pursuant to the Delaware Performance Appraisal System II or any successor thereto, have not done so;

7.6.2.4.1.4 Provide staff with ongoing, high-quality, job-embedded professional development (e.g., regarding subject-specific pedagogy, instruction that reflects a deeper understanding of the community served by the school, or differentiated instruction) that is aligned with the school's comprehensive instructional program and designed with school staff to ensure they are equipped to facilitate effective teaching and learning and have the capacity to successfully implement school reform strategies;

7.6.2.4.1.5 Implement new financial incentives and increase opportunities for promotion and career growth of effective teachers, and provide more flexible work conditions designed to recruit, place, and retain staff with the skills necessary to meet the needs of the students in a transformation school;

7.6.2.4.1.6 Use data to identify and implement an instructional program that is research-based and "vertically aligned" from one grade to the next as well as aligned with State academic standards;

7.6.2.4.1.7 Promote the continuous use of student data (such as from formative, interim, and summative assessments) to inform and differentiate instruction in order to meet the academic needs of individual students;

7.6.2.4.1.8 Establish schedules and implement strategies that provide increased learning time, which means using a longer school day, week, or year schedule to significantly increase the total number of school hours to include additional time for (a) instruction in core academic subjects, including English; reading or language arts; mathematics; science; foreign languages; civics and government; economics; arts; history; and geography; (b) instruction in other subjects and enrichment activities that contribute to a well-rounded education, including, for example, physical education, service learning, and experiential and work-based learning opportunities that are provided by partnering, as appropriate, with other organizations; and (c) teachers to collaborate, plan, and engage in professional development within and across grades and subjects;

7.6.2.4.1.9 Provide ongoing mechanisms for family and community engagement;

7.6.2.4.1.10 Give the school sufficient operational flexibility (such as staffing, calendars/time, and budgeting) to implement fully a comprehensive approach to substantially improve student achievement outcomes and increase high school graduation rates;

7.6.2.4.1.11 Ensure that the school receives ongoing, intensive technical assistance and related support from the district, the Department, or a designated external lead partner organization.

7.6.2.4.2 A district may:

7.6.2.4.2.1 Provide additional compensation to attract and retain staff with the skills necessary to meet the needs of the students in a transformation school;

7.6.2.4.2.2 Institute a system for measuring changes in instructional practices resulting from professional development;

7.6.2.4.2.3 Ensure that the school is not required to accept a teacher without the mutual consent of the teacher and principal, regardless of the teacher's seniority;

7.6.2.4.2.4 Conduct periodic reviews to ensure that the curriculum is being implemented with fidelity, is having the intended impact on student achievement, and is modified if ineffective;

7.6.2.4.2.5 Implement a schoolwide "response-to-intervention" model;

7.6.2.4.2.6 Provide additional supports and professional development to teachers and principals in order to implement effective strategies to support students with disabilities in the least restrictive environment and to ensure that English Language Learner (ELL) students acquire language skills to master academic content;

7.6.2.4.2.7 Use and integrate technology-based supports and interventions as part of the instructional program;

7.6.2.4.2.8 In secondary schools-

7.6.2.4.2.8.1 Increase rigor by offering opportunities for students to enroll in advanced coursework (such as Advanced Placement or International Baccalaureate; or science, technology, engineering, and mathematics courses, especially those that incorporate rigorous and relevant project-, inquiry-, or design-based contextual learning opportunities), early-college high schools, dual enrollment programs, or thematic learning academies that prepare students for college and careers, including by providing appropriate supports designed to ensure that low-achieving students can take advantage of these programs and coursework;

7.6.2.4.2.8.2 Improve student transition from middle to high school through summer transition programs or freshman academies;

7.6.2.4.2.8.3 Increase graduation rates through, for example, credit-recovery programs, re-engagement strategies, smaller learning communities, competency-based instruction and performance-based assessments, and acceleration of basic reading and mathematics skills;

7.6.2.4.2.8.4 Establish early-warning systems to identify students who may be at risk of failing to achieve to high standards or graduate.

7.6.2.4.2.9 Extend learning time and create community-oriented schools, by

7.6.2.4.2.9.1 Partnering with parents and parent organizations, faith- and community-based organizations, health clinics, other State or local agencies, and others to create safe school environments that meet students' social, emotional, and health needs;

7.6.2.4.2.9.2 Extending or restructuring the school day so as to add time for such strategies as advisory periods that build relationships between students, faculty, and other school staff;

7.6.2.4.2.9.3 Implementing approaches to improve school climate and discipline, such as implementing a system of positive behavioral supports or taking steps to eliminate bullying and student harassment; or

7.6.2.4.2.9.4 Expanding the school program to offer full-day kindergarten or pre-kindergarten.

7.6.2.4.2.10 Allowing the school to be run under a new governance arrangement; or

7.6.2.4.2.11 Implementing a per-pupil school-based budget formula that is weighted based on student needs.

7.6.2.5 If a school identified as a Persistently Low-Achieving School has implemented within the last two years an intervention that meets the requirements of the Turnaround, Restart, or Transformation models, the school may continue or complete the intervention being implemented.

7.6.2.6 If elements of the model adopted by a Partnership Zone school with the approval of the Department require funding and are not funded or require statutory authorization and are not so authorized, the school may apply to the Department for an annual waiver of said requirement, and such waiver shall be granted only insofar as compliance with said requirement is rendered impracticable thereby.

Notes

14 Del. Admin. Code § 103-7.0

13 DE Reg. 1064 (02/01/10)
14 DE Reg. 647 (01/01/11)
14 DE Reg. 1353 (06/01/11)