COMMITTEES

EARL G. JAQUES, JR.

STATE REPRESENTATIVE
Twenty-Seventh District

HOUSE OF REPRESENTATIVES
STATE OF DELAWARE

Education, Chair
Veterans Affairs, Chair
Health & Human Development
Labor
Transportation/Land Use and
Infrastructure

LEGISLATIVE HALL
DOVER, DELAWARE 19901

Education Committee Meeting Minutes

1.21.15
Chair Jaques called the meeting to order at 2:37 p.m. Committee members present included Reps.
Williams, Barbieri, Heffernan, Matthews, Osienski, Potter, Lynn, Ramone, Dukes, Kenton, and Hensley.
Reps. Kowalko, D. Short, Longhurst, Paradee, and Bennett were also present for the meeting. For a list
of guests present, please see the attendance list below.
Chair Jaques explained the rules by which the committee would conduct itself throughout the legislative
session. He then introduced Vice-Chair Williams and followed by stressing the importance of timeliness
and order for the remainder of the legislative session.
Rep. D. Short, the sponsor, brought HCR 2 CREATING A SUSSEX COUNTY TECHNICAL
SCHOOL DISTRICT PROPERTY TAX REVIEW COMMITTEE before the committee for
consideration. He explained that the Sussex County Technical School District is faced with a decision to
either increase the tax cap for the district or to establish a reduction in force (RIF) of 47 employed
individuals. He elaborated that this continuing resolution will allow the subcommittee to review more
up-to-date financial information and provide recommendations as to the best path forward for the district
to answer the tough questions regarding the tax cap increase or RIF. Rep. D. Short concluded that the
subcommittee will be permitted to recommend alternatives outside the parameters currently being
debated and he urged the committee to allow the full House of Representatives to consider this
continuing resolution.
The members of the committee, other representatives, and the public did not have questions or
comments regarding HCR 2.
A motion was made by Rep. Barbieri and seconded by Rep. Dukes to release HCR 2. Motion carried.
Yes 8 (Reps. Jaques, Williams, Barbieri, Heffernan, Matthews, Potter, Lynn, and Dukes); Absent 6
(Reps. Kenton, Miro, Hensley, Bolden, Ramone, and Osienski)
Chair Jaques introduced the Delaware Department of Education (DDOE) to present information on the
Elementary and Secondary Education Act (ESEA) Flexibility Waiver Process to the committee.
Ryan Reyna, Office of Accountability, began the presentation with an overview of topics to be
discussed: the process and timeline, requirements, and opportunities for engagement throughout the
Elementary and Secondary Education (ESEA) waiver renewal process. He explained that the most
recent reauthorization of the No Child Left Behind Act (NCLB) was in 2007. NCLB set academic
standards, required publication of performance of all students and subgroups, mandated that all students

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be proficient in reading and mathematics by the 2013-14 school year, and labeled schools accordingly
not meeting these expectations. Mr. Reyna explained that without a flexibility waiver from the United
States Department of Education (USED), all Delaware schools and districts would be labeled failing,
leading to a loss of autonomy and federal funding. Further, he noted that without ESEA flexibility there
would be serious constraints on schools and communities to best meet the needs of Delaware students.
Mr. Reyna explained that ESEA flexibility provides very clear benefits for the State it allows the State
to focus on growth; think critically to develop career readiness and parental understanding; it encourages
teachers to work collaboratively; and it allows for district leaders to understand a broader sense of
school performance in Delaware. Delawares original application for ESEA flexibility focused on four
components: college and career-ready expectations, accountability, effective instruction and leadership,
and reducing duplication and unnecessary burdens.
Mr. Reyna gave an historical overview of Delawares ESEA flexibility. Delaware was originally
approved by USED in May 2012 for the 2012-13 and 2013-14 school years. Delaware was re-approved
in July 2014 for the 2014-15 school year. Applications for a three-year flexibility waiver are due on
March 31, 2015. Mr. Reyna turned the presentation over to his colleague Challis Breithaupt, Office of
Accountability.
Ms. Breithaupt explained that USED, in order to be approved for ESEA flexibility, is asking Delaware
to amend its current plan, describe its continuous improvement process across all principles,
demonstrate continued commitment to implementing principles, and describe community engagement
efforts. Ms. Breithaupt stressed that if the ESEA flexibility extension is not approved, then DDOE will
be required to implement full NCLB requirements for the 2015-16 school year. The presentation was
then handed back over to Ryan Reyna.
In applying for an ESEA flexibility extension, Mr. Reyna outlined the following benchmarks that must
be articulated to USED: Delaware must update its plan to describe the implementation of college- and
career-ready standards and how it will continue to support all students and student subgroups;
demonstrate that the accountability system takes into account achievement and graduation rate gaps;
describe how it will ensure increased rigor of supports and interventions in schools that do not exit
Priority or Focus status; and identify a strategy for holding districts accountable for improving
performance. Delaware may, but is not required to request a one-year pause in the implementation of
school ratings following the administration of new assessments; or request to wait until January 2016 to
reset its annual assessment targets.
Mr. Reyna concluded the presentation by emphasizing that DDOE has been soliciting input from the
public on the components of the ESEA flexibility application. He said sessions have been held up and
down the state in town hall-style fashion asking, what is working and what can be improved? DDOE
has an FAQ section of its website dedicated to ESEA flexibility content and those requesting additional
information can email doeaccountability@doe.k12.de.us.
Chair Jaques allowed the committee members to ask questions or provide comments to DDOE.
Vice-Chair Williams commented that the Operating Budget for the previous year was amended (Sec.
154 and 155, c.1) and removed statutory authority from the legislature and allowed DDOE to override
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Office: 302-744-4142 Fax: 302-739-2313
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Delaware law and provide regulation. She questioned as to why legislators were kept in the dark
regarding the amended Operating Budget and why was it necessary to have chapter one removed
without the knowledge of the legislature. DDOE was unable to answer the question due to a lack of
representation from those who made the decision. Chair Jaques asked that the question be taken to
Secretary Murphy and an answer will be brought back to the committee. DDOE agreed.
Vice-Chair Williams continued that she was disappointed to know she voted on the Operating Budget
which gave away her authority. She asked that, in the future, the agency explain why an addition or
deletion is necessary prior to voting.
Vice-Chair Williams asked if DDOE was applying for a 3-year renewal for the States ESEA waiver;
DDOE answered in the affirmative. She stated that DDOE was inconsistently using Comprehensive
Success Reviews (CSRs), a method for DDOE to review school progress. She elaborated that two
Priority Schools (Stubbs and Bancroft) have used University of Delaware (UD) CSRs for years, and
these schools have improved based on CSRs conducted two years ago. However, DDOE will now not
recognize those CSRs and are attempting to remove two principals. She noted that DDOE uses CSRs
when it fits the desires of the agency and not consistently across districts. DDOE responded that it is
working with UD to better align CSRs with NCLB; additionally, Red Clay School District did not elect
to use UD for CSRs, instead they work with the University of Virginia.
Rep. Matthews questioned DDOE as to when the CSRs were developed and why are they now
incompatible if they were developed under NCLB. DDOE explained that they are in compliance with
NCLB, but they are not compliant with the updated ESEA waiver process.
Rep. Heffernan asked if DDOE would be requesting a one-year pause from USED. DDOE said if
communities would like the pause then it will be considered and the following year the new flexibility
plan would be implemented.
Rep. Matthews was concerned about the lack of emphasis placed on Principle 3 of the application
Community Engagement. He suggested that the Priority Schools Initiative was more an academic
solution than a community engagement strategy. DDOE responded that they make every effort to
increase community engagement around the ESEA flexibility application and have even added online
options for additional feedback. Rep. Matthews then asked if teachers and principals were asked for
feedback. DDOE answered that a wide range of feedback was being solicited from all stakeholders.
Rep. Matthews referred to the presentation when Mr. Reyna stated that without ESEA flexibility,
schools would lose autonomy. He questioned who exactly loses autonomy. DDOE explained that federal
funding would be directed for certain programs only.
Rep. Matthews cited the Principle 4 Diagram of Assessments and asked how the elimination of
duplication of assessments on students was being planned. DDOE responded by saying that over the
next five months, district superintendents are developing a five-year plan to eliminate duplications in all
districts.
Rep. Matthews asked for clarification that charter schools are not eligible to be labeled a Priority School.
DDOE responded by saying that there is room to adjust that in this current ESEA flexibility application.
411 Legislative Avenue, Dover, Delaware 19901
Office: 302-744-4142 Fax: 302-739-2313
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Rep. Matthews concluded by stating that he is looking forward to working with DDOE to provide
solutions to these problems.
Rep. Potter stated that as a City of Wilmington representative, and considering that the Priority Schools
are in Wilmington, that it is important that the children see African-American principals, particularly in
the Priority Schools. He asked if this would be incorporated somehow in the ESEA flexibility
application. DDOE stated that the Memorandums of Understanding (MOUs) may reflect this desire and
schools and districts should absolutely reflect their communities.
Rep. Potter asked if DDOE is taking into consideration that it may be creating two separate school
systems with this initiative in regards to funding. DDOE stated that it is committed to providing as many
resources as possible to priority schools and non-priority schools, including resources outside of the
money set aside for priority schools.
Rep. Potter concluded by asking DDOE to put a moratorium on new charter schools in the City of
Wilmington and agreed with the aforementioned statements by Vice-Chair Williams.
Rep. Barbieri suggested that the inconsistent implementation of Common Core may have had the
byproduct of poor test results in certain schools which were eventually labeled as Priority Schools. He
also stated that external social forces must be taken into account. He warned that the ESEA flexibility
application does not take this into account and that it is coming to an end product without the precursor
being done well. DDOE stated that districts are working collaboratively to share strategies surrounding
Common Core.
Rep. Ramone appreciated the solicitation of feedback in the Caravel Open Forum and DDOE helping to
create environments for children to enter society in a productive manner. He hoped that the process that
is currently being undertaken is based on creating the vision and the goal and not to justify it. He asked
exactly how the feedback is being used in this process. DDOE stated that an accountability system is
being derived from scratch, over 6,000 responses were collected so-far from a representation of
parents, community members, teachers, English language learners and racial minorities. The feedback is
being used to modify the application and all inquiries to the email address are responded to within fortyeight hours.
Rep. Ramone hoped that the process is not rushed and that DDOE take its time to ensure children have a
functional environment and to ensure principals have a well-defined environment where they are
supported. He ended with asking DDOE to keep a constant line of communication about how this will
improve Delaware schools.
Vice-Chair Williams asked if DDOE is naming additional priority schools this year. DDOE said that
they are not. She then asked when the application was due to USED. DDOE said the due date is March
31, 2015. Vice-Chair Williams asked if DDOE will come before this committee with a draft document
before its submission. DDOE asserted that it was more than happy to do that.
Rep. Lynn asked if a stakeholder meeting has taken place, as promised, with Secretary Murphy and, if
so, when. DDOE said the meeting never occurred because data was not available in a timely fashion and
that it will be scheduled at some point in the future.
411 Legislative Avenue, Dover, Delaware 19901
Office: 302-744-4142 Fax: 302-739-2313
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Chair Jaques allowed non-committee members to speak.

Rep. Kowalko claimed that all schools were not evaluated equally for Priority School designation and
that there was a deliberate attempt to exclude low-performing charter schools to be identified as such.
He based this information on a Freedom of Information Act (FOIA) request made to DDOE. He also
claimed that districts were not consulted in identifying Priority Schools. Rep. Kowalko asked if the
autonomy sacrificed was worth the federal funding. DDOE stated that Moyer and Reach charter schools
may have qualified for Priority School designation; however, both charters were revoked and that was
the rationale for not including them. DDOE also stated that superintendents were alerted about Priority
School designation with a phone call from Secretary Murphy in August and school boards were not
notified. Rep. Kowalko stated that school boards are the actual governing bodies of the districts, yet they
were not notified.
Chair Jaques allowed the public to speak.
Kristin Dwyer, Delaware State Education Association, asked for her comments to be published with the
minutes of the meeting. Chair Jaques agreed. She then asked who has direct oversight of this process.
DDOE claimed that the State Board of Education does.
Mike Matthews, Red Clay Education Association, asked what the consequences of losing ESEA
flexibility were. DDOE responded that millions of dollars would be earmarked by the federal
government and autonomy over twenty percent of Title I funding would also be lost. Additionally,
NCLB failure status would only allow focus of accountability to be placed on test scores and
graduation rates. DDOE stated that Delaware receives over $200 million from the federal government.
Mr. Matthews asked if the State of Delaware would be willing to fund the portion of the federal money
in order to not have the red tape of federal education regulations.
Kevin Ohlandt, parent/blogger, asked if DDOE has specific plans for the priority schools. DDOE
explained that it is currently in negotiations with the schools and it expects six excellent plans to be
submitted on or before January 27, 2015.
Rep. Bennett asked if DSEA comments could be shared with all House of Representative members.
Chair Jaques agreed.
Jeff Taschner, Delaware State Education Association, asked what specific ways Title I money would
have to be spent without ESEA flexibility. DDOE stated that districts would have to select certain
approved programs and vendors from USED.
Donna Johnson, State Board of Education, said that the application must have approval from the State
Board of Education before submission to the federal government.
Rep. Matthews expressed a willingness to work with DDOE and claimed that students should not be
evaluated with one certain measure because Delaware students are so diverse, especially in New Castle
County.
411 Legislative Avenue, Dover, Delaware 19901
Office: 302-744-4142 Fax: 302-739-2313
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Chair Jaques thanked DDOE and stated that the committee looks forward to follow-ups and discussions
regarding this topic.
Chair Jaques adjourned the meeting at 4:02 p.m.
Respectfully submitted,
Mark Rucci, Legislative Fellow

Education Committee Meeting

Attendance List 1.21.15
1. Kristin Dwyer, Delaware State Education Association
2. Donna Johnson, Delaware State Board of Education
3. Mike Matthews, Red Clay Education Association
4. Kevin Ohlandt, Parent, Blogger
5. Tina Shockley, Delaware Department of Education
6. Ryan Reyna, Delaware Department of Education
7. Penny Schwinn, Delaware Department of Education
8. Challis Breithaupt, Delaware Department of Education
9. Mary Kate McLaughlin, Delaware Department of Education
10. Chantel Janiszewski, Delaware Department of Education
11. Vicki Gehrt, New Castle County Vocational Technical School District
12. Deborah Stevens, Delaware State Education Association
13. Frederika Jenner, Delaware State Education Association
14. Jeff Taschner, Delaware State Education Association
15. Alex Eldreth, Autism Delaware
16. Laura Schneider, Delaware Department of Education
17. Jenna Buscak, Rodel Foundation of Delaware
18. Kathleen McRae, American Civil Liberties Union Delaware
19. Michael Jackson, Office of the Controller General
Addendum:
Delaware Department of Education Presentation (Attached)

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Office: 302-744-4142 Fax: 302-739-2313
earl.jaques@state.de.us

Kristin Dwyer, Delaware State Education Association

Good Afternoon,
Thank you Representatives Jaques and Williams for having this important presentation on the agenda
today.
Ultimately, the ESEA waiver touches many important aspects of education policy in Delaware, and
raising legislators awareness level is important, since legislators have no direct oversight or input into
the waiver.
What I encourage legislators to think about when you they leave this meeting is, is the ESEA waiver,
and the corresponding regulations and code regarding school accountability, is what you want for
Delaware Schools.
This fall we saw firsthand, during the rollout of the Priority School initiative, the Departments
interpretation of the ESEA Waiver and corresponding regulations. Did you agree with the process? Did
you agree with the MOU that the Department presented school districts with in September? An MOU
that focused resources heavily on a school leader, not on expanded learning opportunities for struggling
students, such as tutoring or reduced class sizes. An MOU that did not focus on professional
development that is embedded, sustained and connected to educators needs. An MOU that did not focus
on other supports that address students social-emotional needs and family school engagement.
Without direction from this body, can we expect the same process and product with the next set of
Priority Schools?
Additionally, last year the Department amended Delawares Flexibility Waiver. It included a provision
to allow Math and ELA teachers a year, before student scores on the Smarter Balanced Exam will be
used for human resource decisions. And last year this committee debated HB 334, during the debate
committee members questioned if Delaware was ready for Smarter Balance and if more that a year is
needed for teachers.
The Secretary assured this committee and the members of the Senate, that he would meet with
stakeholders at the end of 2014 to make a decision on more time. That meeting has not occurred, even
after requests have been made.
So are we ready? Do we need more time? The supports promised to teachers wont be ready until the end
of January, the big test starts on March 10 for grades 3-8 and April 13 for grade 11. Right now how do
we know? And if we know what hasnt the information been shared?
Thank you.

411 Legislative Avenue, Dover, Delaware 19901

Office: 302-744-4142 Fax: 302-739-2313
earl.jaques@state.de.us