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DELAWARE STATE SENATE
147th GENERAL ASSEMBLY
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SENATE BILL NO. 269
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WHEREAS, Parents have a right to understand and have input into their childrens education; and
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NOW, THEREFORE:
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Section 1. Amend Chapter 41, Title 14 of the Delaware Code by making deletions as shown by strike through and
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(a) Any actions taken by the State Board of Education or the Department of Education to adopt or implement the
16Common Core State Standards as of the effective date of this bill are void ad initio.
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(b) Upon the effective date of this bill, the State Board of Education and the State Department of Education shall
18immediately initiate the withdrawal of the states involvement with any and all agencies, consultants, and organizations that
19implement, train, or promote the Common Core Curriculum standards or evaluation. as they relate to the implementation,
20training, or promotion of the Common Core Curriculum standards or evaluation.
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(c) On and after the effective date of this bill neither the Department of Education, the State Board of Education,
22nor any state education council, committee, or state employee shall enter into any commitments relating to the Federal Race
23to the Top Program.
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(d) The State of Delaware shall retain sole control over the development and revision of the competencies and
25content standards established pursuant to this part. The State Board of Education shall not join any consortium or other
26association that cedes any measure of control to entities outside the state. No state-wide competency or content standards,
27including but not limited to the Next Generation Science Standards, the National curriculum Standards for Social Studies,
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28the National Health Education Standards, and the National Sexuality Education Standards, nor any Common Core
29Standards Shall shall be adopted or implemented without public hearings held in each county regional districts, an open
30comment period of one year, open hearings before a joint committee composed of the House and Senate Committee on
31Education allowing for appropriate time and comments from both sides of the issue, and approved approval by majority
32vote of the General Assembly. The approval required by this subsection shall be by Act of the General Assembly or by
33adoption of a joint resolution of the General Assembly.
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(e) On and after January 31, 2014 neither the Department of Education, The State Board of Education, Local
1) Expend any funds, whether from federal Race to the Top grants, stimulus funds, or elsewhere, on
37construction, enhancement, or expansion of any state-wide longitudinal data system designed to track students or compile
38their personally identifiable information beyond what is necessary for basic administration needs or for compliance with the
39requirements of the United States Department of Education as outlined in paragraph (5) of this subsection.
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(2) Share any personally identifiable information compiled on students or teachers with any entity outside
41the State of Delaware, except as provided in paragraph (5) of this subsection: provided, however, that this shall not include
42cloud storage or data or hard data storage located in safe locations outside the state.
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(3) Share any personally identifiable information about any student or teacher with any entity that
(4) Share any personally identifiable information about any student or teacher with any entity inside the
46State of Delaware unless that entity is an education agency or institution that does not intend to:
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(B) Transfer the data to any other entity to use in development of commercial products or
49services: or
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(C) Use the data or transfer the data for economic or workforce development planning: or
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(5) Share any personally identifiable information on students and teachers with the United States
(A) Such sharing is required by the United States Department of Education as condition of
receiving a federal education grant.
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(B) The United States Department of Education agrees in writing to use the data only to evaluate
the program or programs funded by the grant.
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(C) The United States Department of Education agrees in writing that the data will not be used
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for any research beyond that related to evaluation of the program or programs funded by the grant, unless
the
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parent or legal guardian of any student, and any teacher, whose data will be used for such research affirmatively
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(D) The United States Department of Education agrees in writing to destroy the data upon
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completion of the evaluation of the program or programs for which the data were compiled and not make any
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(E) The grant or program in connection with which the data are required is one authorized by
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federal statute or by federal rule properly promulgated under the federal Administrative Procedure Act 5 U.S. C.
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(f) If the United States Department of Education requires, as a condition of making a federal education grant, that
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the grant recipient shares student or teacher data under circumstances that do not comply with paragraph (5) of
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subsection (e) of this Code section, the grant recipient shall provide written notification to the parents or legal
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guardians of every student whose data will be shared or every teacher whose data will be shared of the following:
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(1) That the grant recipient has been required to turn over the students or teachers data to the United
States Department of Education;
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(2) That neither the grant recipient nor any other entity within the State of Delaware will have control
over the use or further sharing of that data:; and
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(3) The contact information, including telephone number and e-mail address, of the United States
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Section 2.
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All laws and parts of law in conflict with this Act are repealed.
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SYNOPSIS
We suspend all Delaware Department of Education support, training, or adherence to the Common Core Standards,
materials, curriculum and training for teachers, school staff, or state employees of Delaware. Further, the Official Code of
Delaware annotated, relating to competencies and core curriculum, will be amended so as to declare certain actions void
ad initio relating to adoption of certain curricula; to prohibit state education agencies from entering into any commitments
relating the federal Race to the Top program and or Common Core standards, curricula, testing, or standards, and to cease
all use of Race to the Top and Common Core programs, curricula, and standards and require hearings and public input on
both programs. Also, this law will amend Title 14 toto stop the compilation and sharing of personal student and teacher
data to prohibit the expenditure of funds for a state-wide longitudinal data system except for administrative needs and
federal grant compliance, to provide notice to students and teachers if certain student data are provided to the United States
Department of Education as a condition of receiving federal education grant, to provide for related matters, to repeal
conflicting law, and for other purposes.
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AUTHOR: Lawson