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

3.10.15
Chair Jaques called the meeting to order at 12:00 p.m. Committee members present included Reps.
Jaques, Williams, Matthews, Bolden, Potter, Lynn, Ramone and Dukes. Non-committee member Rep.
Bennett was also in attendance
Individuals from the Delaware Department of Education (DDOE) included Karen Field-Rogers,
Christopher Ruszkowski, Brian Touchette, Melissa Fremming, Chantel Janiszewski, Shaun Young,
Laura Schneider, Penny Schwinn, Susan Haberstroh, and Ryan Reyna. For a list of guests present,
please see the attendance list below.
Chair Jaques opened the meeting and then recognized DDOEs Karen Field-Rogers to present on
DDOEs updated application to USED for an Elementary and Secondary Education Act waiver.
Karen Field-Rogers thanked the committee for the invitation and then allowed Penny Schwinn and Ryan
Reyna to give the presentation, utilizing a power point (attached).
DDOE outlined how the presentation would proceed: first it would cover a No Child Left Behind
(NCLB) and ESEA comparison; then review Principles 1, 2 and 3; then delve into community feedback;
and conclude with proposed changes moving forward.
DDOE referred to the comparative chart on slides three and four of the power point which explained
circumstances for Delaware schools with and without ESEA flexibility (attached).
DDOE then explained the four principles which is was required to follow based on expectations from
USED: 1) college- and career-ready expectations for all students; 2) differentiated recognition,
accountability and support systems for schools and districts; 3) supporting effective instruction and
leadership; 4) reducing duplication and unnecessary burden (newly added since last DDOE
presentation).
DDOE then elaborated on each principle and how it has identified the principle and how it plans to
articulate it to USED on slides seven through 16 (attached).
DDOE explained that it received strong statewide support for the Common Core work it has done over
the last two years and DDOE has decided to continue that for a third year.

411 Legislative Avenue, Dover, Delaware 19901

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

Rep. Williams raised a concern in regards to slide seven and stakeholder input. She explained that a
survey tool used by DDOE only allowed for responses of Yes, No, or fill in the blank. She
suggested DDOE allow for the submission of comments because 6,000 people took the survey, yet had
no opportunity to comment on their responses.
DDOE said that it held a number of town-hall style meetings looking for specific public comment and
feedback. It also said that individuals could submit lengthy comments via the established email address
provided.
Rep. Lynn asked if the presentation shown to the committee was the same presentation shown at the
town-hall style meetings.
DDOE responded that all of the materials were identical.
Rep. Lynn asked DDOE how it would demonstrate to the committee that stakeholder feedback is taken
into account in this proposal.
DDOE responded that the end of the power point presentation addresses that question.
DDOE articulated that Principle 2 (slides 10 through 12) is focused mainly on a multiple-measure
system of accountability, not one-dimensional. Further, DDOE has created a Student Gap Group
which is an unduplicated, aggregated count of students across the entire school for any group of students
who has historically had achievement gaps. In this model, no student will be double counted; however,
DDOE and schools will still publish individual performances of sub-groups on the school report card
they will not however have a duplicative impact on school accountability.
Rep. Williams asked if students will only be recognized in this one group would they still be able to be
recognized in individual groups.
DDOE responded in the affirmative and said that the school profile will display that, but school
accountability will only recognize the Student Gap Group.
DDOE then explained their new Student Success Framework (slide 12) that outline current federal and
state metrics that DDOE has used and will use to determine accountability.
Rep. Lynn asked who sits on the Accountability Framework Working Group (AFWG).
DDOE said that district superintendents, data representatives, Delaware State Education Association
(DSEA), charter school representatives, and parents sit on AFWG. It noted that DSEA and parent groups
were not invited initially, but after concern of those stakeholder groups that they were not being
adequately represented.
Rep. Lynn asked what authority AFWG possesses.

411 Legislative Avenue, Dover, Delaware 19901

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

DDOE said that AFWG is a recommendation group, but that Secretary Murphy and DDOE have
ultimate say as whether to take AFWG recommendations or not. DDOE said that a majority of its
decisions have been facilitated through that group.
Rep. Williams was concerned about the accountability measure of publishing parent attendance at
conferences and narratives about sports and civic engagement as a method of labeling schools.
DDOE said that all schools have something positive to offer to the conversation and that the narrative
opportunity is a way to highlight that. It also said that it has no way of capturing the parent and staff
attendance data and it will not be producing it in the near future.
Rep. Bolden asked if DDOE has thought about how it will survey inner-city parents and the needs of
that population.
DDOE said absolutely and that the University of Chicago group it is considering has methods for
garnering data from that specific population, i.e. door-to-door, HTML links, community engagement or
directly in schools.
DDOE said that it is not required to name any Priority Schools over the next three years, but it must
identify 14 Focus Schools, two Reward Schools and up to 15 Recognition Schools.
Rep. Lynn asked how Reward and Recognition Schools are going to be identified.
DDOE said there are federal guidelines around achievement in English Language Arts and Math over a
number of years, as well as growth over time, in order to gain those titles. DDOE also said that the
Delaware School Success Framework will help to identify those schools, including charter schools.
Rep. Lynn asked if it will take into account teacher to student ratios, principal to student ratios or
achievement gap numbers.
DDOE said that federal regulations do not call for those ratios, but acheivment gaps will be included.
Rep. Williams asked why DESS did not hand out minutes and have minutes reviewed at its last meeting.
She was concerned as to why this has not been done all along.
DDOE said that is has never been done as a formal process, but will be at the next meeting.
DDOE moved to the end of their presentation by stating that it will present a proposal to the State Board
of Education on March 19, 2015. DDOE will be accepting comments until March 17, 2015. DDOE
concluded their presentation and Chair Jaques began the question and answer period.
Chair Jaques thanked DDOE again and questioned how it will determine which category a student falls
under if he/she has more than one of the identified characteristics.
DDOE said if a student has one of those characteristics, he/she is automatically in the Student Gap
Group for accountability purposes. For reporting purposes, that student may be counted multiple times.
411 Legislative Avenue, Dover, Delaware 19901
Office: 302-744-4142 Fax: 302-739-2313
earl.jaques@state.de.us

Chair Jaques then asked about having required percentages for Priority, Focus, Reward and Recognition
Schools. He warned that it will become just about getting those numbers met and not looking deeply into
what the school has done or what the school is actually doing.
DDOE said that the percentages are federally required and Delaware hopes to move beyond that and
create a system where there is a better range of performance, beyond that USED label. It also noted that
these numbers only make up about 10 percent of all Delaware schools.
Chair Jaques again warned that this becomes a system about numbers and filling in blanks, not about
individuals. He then asked why DDOE removed the end of course assessment in the 5-year assessment
plan.
DDOE said that decision is not set in stone and it will take feedback on that throughout the rest of the
springit is an ongoing conversation.
Chair Jaques asked if this process dictates what kind of turnaround Priority Schools have to have.
DDOE said schools will have the ability to decide between four models.
Rep. Williams asked what is currently happening with the Christina Priority Schools.
DDOE said that the Christina School Board is taking action at its next meeting, but three schools in that
district will continue to be labeled as Priority Schools moving forward.
Rep. Williams asked why there was such a rush to get the plans done when DDOE has until January
2016. She asked if Red Clay could have acted like Christina and slowed the process down.
DDOE said the naming of schools last year was to remain in accordance with federal regulations, but
DDOE is exercising flexibility of timing for these districts to ensure best outcomes. The timing
parameters were based off of those previously used.
Rep. Williams then asked how alternatively certified teachers fit into the goal of having all highly
qualified teachers in Delaware classrooms.
DDOE said that highly qualified only has to do with teachers who are teaching in their area of expertise
or subject-area. A teacher who has taken the alternative route can still be highly qualified if they are not
teaching out of their field.
Rep. Williams said that highly qualified to her is someone who does well in school and has a wealth of
experience.
DDOE said its definition of a highly qualified teacher is that used by the federal government.
Rep. Ramone asked for a simple, direct answer from DDOE that he could give to a constituent when he
posed the question, Why are we doing this?
411 Legislative Avenue, Dover, Delaware 19901
Office: 302-744-4142 Fax: 302-739-2313
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DDOE said if Delaware does not apply for the waiver, the state would be required to follow NCLB
provisions and have $44 million of Title I funds with less state-control.
Rep. Ramone said that he had two answers in mind: federal money and ensuring a quality education for
Delawares kids. He said the more he listens to this presentation, he feels the state is getting tangled up
in finding a solution while it is creating a bigger problem. He warned not to lose focus on what the
answer isto give children the best possible education by supporting teachers and principals. He
apologized for asking a loaded question.
Rep. Matthews said he hopes DDOE can put special effort in to hosting open meetings and that the
DESS committee not taking minutes is concerning. He also said that the AFWG meeting where DSEA
and parents were not invited until the last meeting is not an open meeting. He then said it creates doubt
when DDOE falls back on the answer, the feds make us do it. He said innovative solutions exist and
instead of accepting what the federal government says, try to be innovative.
Rep. Matthews then read a Delaware public school publication that said not to send children there who
do not want to go to college. He asked how DDOE would account for this in school report cards, a
school only wanting college-bound students.
DDOE said that is believes in the work it is doing and the totality of the work is serving Delaware
students. DDOE said it does not want to mix up the requirements of ESEA and the good work of DDOE.
In terms of the accountability system, DDOE has put a delay on what the school report card will look
like. It says it needs a lot more input from stakeholders to make sure the system visually reflects all of
the priorities we have as a state.
Rep. Matthews asked if it is fair to have a public school that only wants college-bound students being
compared to a school that takes all students.
DDOE said it is not comfortable speaking to that and Delaware needs an accountability system that is
equitable and fair.
Rep. Williams asked how DDOE compares the Charter School of Wilmington to Dickinson High School
or William Penn. She asked how that would be made fair.
DDOE said that all Delaware schools have different contexts and it hopes to have a report card system
that reflects each school community. DDOE then states that schools with high proficiency and lowgrowth rates may not score as highly as schools where growth is tremendous, but proficiency is
moderate.
Rep. Potter said he has great concerns over schools that just want kids going to college, and that is a
private school model with public funds. He said if some schools operate this way, the state will be
creating priority schools through the funding of two different public school systems.
Rep. Lynn then asked when DDOE would inform the committee if it would be asking for a one-year
delay from USED on the issue of using Smarter Balanced test scores on teachers performance reviews.
411 Legislative Avenue, Dover, Delaware 19901
Office: 302-744-4142 Fax: 302-739-2313
earl.jaques@state.de.us

Both House and Senate Education Committees requested DDOE ask for this delay in a letter sent on
February 27, 2015.
DDOE said on March 31, 2015 it will be known ultimately what Secretary Murphy has decided to do.
As of now, DDOE said it does not plan to ask for the one-year pause; however, the conversation is not
finished, but DDOE believes this is what is best for the students.
Rep. Lynn told DDOE that it couldnt act unilaterally. He said this issue has groundswell support for a
one-year pause, and that he would like a definitive answer much sooner than March 31, 2015.
DDOE said it cannot guarantee an answer before then. It also said that it knows USED will consider a
one-year pause, but it does not know what the threshold would be for USED to grant it.
Rep. Lynn said thank you to DDOE for sitting down at the table with the committee.
Chair Jaques demanded DDOE go back to the Secretary and let him know the committee is prepared to
take its own action should the DDOE no request the one-year pause. He said the committee wanted an
answer on this and it was not produced, even though it was requested by the Education Committees of
both chambers.
Rep. Matthews referenced a letter to President Obama from leading academics in the education field
who want to get away from testing-based accountability.
DDOE said that student growth is one of multiple measures and only a small piece of accountability.
DDOE said no single measure can make anyone lose his/her job in the Delaware system.
Rep. Bolden said a strong educational system can attract businesses to the state. For example, she said
people pay high taxes in New Jersey because they benefit from a good school system. She then asked
how do you know that in Delaware teachers are not just teaching to the test.
DDOE said that Smarter Balance is difficult for teachers to teach to the test because it more accurately
addresses what a student is able to do outside of a testing environment.
Rep. Bolden asked if DDOE takes into consideration the class size.
DDOE said those are local decisions based on available resources and no mandate is given in this
proposal to limit class size.
Chair Jaques opened the floor for public comment.
Kristin Dwyer, DSEA, said she left the last hearing with little substance, but appreciates this more
substantive version of the proposal. Ms. Dwyer brought the full red-line version of the proposal to the
committee, enumerating it at over 200 pages. She asked the committee to wisely consider if it reflects
the priorities of the states elected officials.

411 Legislative Avenue, Dover, Delaware 19901

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

Ms. Dwyer then said that DSEA was not invited to AFWG until a letter was sent asking to be placed on
it. She said that Delaware should mandate Title I funds be used for professional development. She said
that teacher attendance should not include teacher days off or maternity leave. She said that the Priority
School turnaround model should be a local district decision, not one made at the state. And she
concluded by saying that teachers are teaching to the test, very simply.
Donna Johnson, State Board of Education (SBE), said she will relay the comments today to members of
SBE. She also wanted to make the distinction that some measures talked about will be taken into
accountability assessments, but some measures will simply be reported. She said this flexibility will
allow Delaware to look at accountability through more than just a single test scoreit is a multiplemeasure, multiple-metric system.
Chair Jaques thanked DDOE for listening to the concerns of the committee and, in returning to the issue
of the one year pause, stated that the committee makes requests on behalf of the citizens of Delaware, a
duty not taken lightly. He explained that the committee seldom makes requests as serious as this, and he
asked DDOE to take it seriously.
Additionally, Chair Jaques announced that the Education Committee will meet at 2:30 p.m. on March
18, 2015.
Chair Jaques adjourned the meeting at 1:45 p.m.
Respectfully submitted,
Mark Rucci, Legislative Fellow

Education Committee Meeting

Attendance List 3.10.15
1.
2.
3.
4.
5.
6.
7.

Kristin Dwyer, Delaware State Education Association

Neil Kirschling, Rodel Foundation of Delaware
Frederika Jenner, Delaware State Education Association
Kevin Carson, Delaware Association for School Administrators
Scott Cole, Delaware State Education Association
Deborah Stevens, Delaware State Education Association
Donna Johnson, State Board of Education

Members from the Delaware Department of Education members listed above.

Addendum:
Delaware Department of Education Power Point Presentation (Attached)

411 Legislative Avenue, Dover, Delaware 19901

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