Delaware DEPARTMENT OF EDUCATION Steven H. Godowsky The Townsend Bulking ‘Secretary of Edueation 401 Federal Stet Suite 2 Voice: (802) 735-4000 Departs Dover, Delaware 19901-3639 FAX: (302) 739-4654 of Education DOE WEBSITE: hupsiwww doe kI2 deus October 19, 2016 Via Electronic Mail Kim Siegel, MPA, FOIA Coordinator Delaware Department of Justice Re: FOIA Complaint Concerning Delaware’s Pathways Steering Committee Dear Ms. Siegel: 1 write in response to your October 12, 2016 letter enclosing Mr. Ohlandt’s complaint (the “Petition”), dated October 11, 2016, in which he alleges that the Delaware Pathways Steering. Committee (the “Steering Committee”) violated the open meeting provisions of the Delaware Freedom of Information Act, 29 Del C. §§ 10001 ef seg. (“FOIA”), when it conducted its first meeting on October 7, 2016. FOIA states that “felvery meeting of all public bodies shall be open to the public,” and that all public bodies gives “public notice of their regular meetings . . . at least 7 days in advance thereof.” 29 Del C: §§ 10004(a), (¢)(2). On August 11, 2016, Governor Markell signed Executive Order No. 61, establishing the Steering Committee for the purpose of “set{ting] the strategic direction of the Delaware Pathways work and provid{ing] recommendations for future development and growth of the program, and ensure that program offerings are properly aligned with current and expected employer demand.” ‘We agtee that the Steering Committee is a “public body” within the meaning of 29 Del. C. § 10002(h) that is subject to the FOIA open meeting requirements, including the requirement to post a meeting notice and agenda minimum of seven (7) days in advance thereof, and acknowledge that on October 7, 2016, the Steering Committee held its first meeting without first providing public notice of the meeting or agenda. ‘This was an oversight on the part of the involved State agencies and organizations and not an intentional effort to circumvent FOIA requirements, ‘We apologize for this oversight. Going forward, and as stated in Paragraph 10 of Executive Order No. 61, the Department of Education will provide administrative support to the Steering Committee and ensure that meeting notices and agendas are posted within the seven-day window. Minutes will also be prepared and posted for each subsequent meeting, “THE DELAWARE DEPARTMENT OF FDUCATIONS AN EQUAL OPFORTUAVTY EMPOWER, DOES NOT BSCRIMINATH ONT HAS OF RACE, COLOR, RELIGION SATIONand the draft minutes of the October 7 meeting (attached hereto, along with the other documents discussed at the meeting) will be posted online by the end of this week. As the attached draft meeting minutes indicate, no vote or other similar action was taken at the October 7" meeting. Accordingly, we respectfully submit that no further remedial action is required under these circumstances. See Op. Att’y Gen. 13-IB0S, at *5 (Oct. 1, 2013) (finding no remedial action was necessary when a public body failed to create minutes of their meeting where no votes were taken and the “action” of the meeting was otherwise made public). If you have any questions or require additional information, please do not hesitate to contact me. Sincerely, Obata Alison May FOIA Coordinator Delaware Department of Education CC (by email only, with attachments): Mr. Kevin Ohlandt Mark Brainard, Chair, Delaware Pathways Steering Committee Steve Godowsky, Secretary, Department of Education Meghan Wallace, Office of Governor Jack A. MarkellStott oF Daawane OFFICE OF THE GOVERNOR TAINALL BUILDING, SECOND FLOOR Jac A: Manet, {Wittan PENN STE Dove, De. 19901 Past 3 Govrason a Agenda Delaware Pathways to Prosperity Steering Commitice Convening Friday, October 7, 2:30 - 4:30 Delaware Technical Community College Conference Room 400A, Building 400, ‘Terry Campus, Dover L_ Welcome & Introductory Remarks from Governor Jack Markell IL. Overview of Pathways to Prosperity History & Accomplishments IIL Role of the Steering Committee IV. Next Steps & Steering Committee Goals V. DiscussionDelaware Pathways Steering Committee ‘Meeting Minutes October 7, 2016 Dr. Mark Brainard called the Delaware Pathways Steering Committee meeting to order at 2:36 Bp. im. on October 7, 2016 at Delaware Technical Community College, Conference Room 400A, Building 400 Terry Campus, Dover, Delaware. ‘Attendance: The meeting began with introductions of committee members. The following members were preser William Bowser, Attorney, Young Conaway Stargatt & Taylor; Mark Brainard, President, Delaware Technical Community College; Matt Burrows, Superintendent, Appoquinimink School District; Victoria Gehrt, Superintendent, New Castle County Vo-Tech School District; Patrice Gillia-Johnson, Secretary, Department of Labor; Steve Godowsky, Secretary, Department of Education (by phone); Verna Hensley, Vice President of Public Affairs, Easter Seals of Delaware; Paul Herdman, President/CEO, Rodel Foundation; Rita Landgraf, Secretary of Health and Social Services; Brian Nixon, Chair of Delaware Manufacturing Association; Teri Quin-Gray, President, Delaware State Board of Educatio Michelle Taylor, President/CEO, United Way of Delaware and Absent from the meeting: Gary Stockbridge, Chair, Delaware Workforce Development Board; and Bernice Whaley, Director, Economic Development Office Also attending the meeting: ‘The Honorable, Governor Jack Markell; Damian DeStefano, Economic Policy Advisor, Office of Governor Jack Markell; and Luke Rhine, Director, Career & Technical Education/STEM, Department of Education Welcome and introductory Remarks Welcome and introductory remarks were made by Governor Jack Markell who discussed the background of the Delaware Pathways initiative and purpose of Executive Order 61, establishing the Delaware Pathways Steering Committee. Overview Dr. Brainard welcomed members of the Steering Committee and reviewed Delaware Pathways work to date. Dr. Brainard discussed the importance of workforce preparedness and opportunities for all students to enter the workforce and further their education. ‘Additionally, Dr. Brainard referenced the Pathways to Prosperity report—and emphasized the state's ability to support all students—not just those that aspire to college directly after high school,Or. Brainard then introduced Mr. Luke Rhine, who will staff the Steering Committee. Mr. Rhine discussed the draft Delaware Pathways Strategic Plan for the Steering Committee's put. Special Thanks: Mr. Paul Herdman and Mr. Matt Burrows thanked Mr. Rhine by for his work. Dr. Steven Godowsky also thanked Delaware Technical Community College (Delaware Tech), the Governor, and Mr. Rhine for leading this effort. Il, Role of the Steering Committee The Delaware Pathways Steering Committee was created by Executive Order 61 through action of Governor Jack Markell to: support education and training programs for youth and adults; enhance the coordination of support services for youth and adults with barriers to employment; and establish budgetary priorities that connect Delaware's education and workforce system. Mr. Brainard discussed the role of the Steering Committee and charge during the final months of Governor Markell’s term. The Steering Committee members agreed that transition was an immediate priority and effort should be spent on the sustainability of this work. Discussion continued about finalizing the draft Delaware Pathways Strategic Plan. The Steering Committee agreed that Mr. Rhine would conduct outreach to members (individually) to review the strategic plan and collect additional input. ‘Additional discussion occurred around the “image” of career programs for both youth and adults. Several Steering Committee members made suggestions to improve the “brand” associated with career preparation and suggested the group begin by engaging the Delaware State Legislature Discussion concluded around the establishment of budgetary priorities. The Steering Committee agreed that there is a need to be more strategic in engaging employers and actively placing youth and adults into work-based learning experiences. Dr. Brainard reviewed the goals established for Delaware Tech to serve as the statewide workforce intermediary to act on of behalf of partnering school districts, community organizations, and state agencies to recruit additional employer champions and assist employers in on-boarding youth and adults into their workforce. The Steering Committee agreed that public funding to support the workforce intermediary should remain a top priority. IV, Next Steps ‘+ Delaware Tech staff will create a communication portal for Steering Committee members that includes meeting materials and background documents; ‘+ Mr. Rhine will conduct outreach to Steering Committee members to review the draft strategic plan and collect additional input; ‘© Mr. Rhine will develop a transition report for partnering state agencies to be used as a transitional tool in planning for the next executive administration; ‘+ Steering Committee members will partner with Mr. Rhine to develop a white paper on behalf of the Delaware Pathways Steering Committee to be sent directly to the Office of Governor lack Markell and the incoming Governor; and 2‘© Steering Committee members will partner with Mr. Damian DeStefano to organize a legislative briefing for members of Delaware's General Assembly. V. Adjournment Dr. Mark Brainard adjourned the meeting at 4:00 p.m. Minutes submitted by: Ms. Bliss Holcomb Minutes approved by: Mr. Luke RhineOFFICE OF THE GOVERNOR TAVNALL BUILDING, SECOND FLOOR Jack A. MaRkeEL, ‘Wultas Pes STAGE, Dove, DE 19901 mie Pathways to Prosperity In February, 2011 the Harvard Graduate School of Education published the Pathways to Prosperity report, which argued that our education system was limiting to students because of an overly narrow focus on preparation for a four-year college or university. As a result of the report, the Pathways to Prosperity Network was established, representing a consortium of states and regions that have partnered to develop public policy, share best practices, and support students as they continue their education and pursue a career. Pathways to Prosperity is an initiative of Jobs for the Future, a national non-profit that works to ensure that all young people and workers have the skills and credentials needed for career success, Delaware joined the Pathways to Prosperity Network in October, 2014 with the purpose of aligning our secondary and postsecondary education system to the demonstrated needs of our employer community. Delaware Pathways History & Accomplishments To initiate support for the Delaware Pathways initiative, a small group of stakeholders that included representation from the Governor's office, vatious state agencies, institutions of higher education, ‘non-profits, and the business community began to mect as part of the national Pathways to Prosperity Network. As a result of these efforts, Delaware Pathways was created as a vehicle to censure all youth have the opportunity to fulfill their ecucational goals and career SENN See aspirations eee en eee re een continue their education and enter the labor Detawace Pathways hs shaped exccsve | AMR a school reform and the development of Leu ere ROO eC regional Career and Technical Education Serre ert esta tare ean pathways that acceleste academic and RAEN Reese Rea Ne technical instruction, reflect the needs of our economy, and purposefully integrate employers. Each pathway offers students the opportunity to earn an industey-recognized credential, early college credit, and relevant work experience. ‘These instructional models are now being scaled across the state in key industry sectors like: agriculture, education, finance, health care, hospitality and tourism, engineering and science, information technology, and manufacturing. In the 2015-16 school year, more than 2,500 students participated in Delaware Pathways programs across 18 local education agencies and 24 high schools. In the 2016-17 school year itis expected that more than 6,000 students will participate in Delaware Pathways programs across 27 local education agencies and 38 high schools. Since January, 2015 the Delaware Pathways Team has:* Developed 14 regional career pathways for school system consideration and adoption; * Distributed more than $1.5M to support school system implementation of Delaware Pathways programs; * Organized professional learning opportunities for every Delaware Pathways teacher; + Gamered more than §1.5M in private funding to support Delaware Pathways; and ‘+ Developed a draft strategic plan with corresponding work plans to guide work theough 2020. Role of the Steering Committee In August, 2016 Governor Matkell signed Executive Order 61 which established the Delaware Pathways Steering Committee—a workforce development partnership between our public education system, post-secondary education, non-profit, and employer communities to ensure every Delawarean has a pathway to college and a well-paying job. Under the leadership of the Delaware Pathways Steering Committee we will ensure the program’s sustainability and adapration aligns to the needs of the workforce and individuals who participate and ensure that budgetary priorities are identified and outlined in a transparent and collaborative manner. ‘The Steering Committee consists of fourteen members including representation from the Delaware Departments of Education, Labor, Health & Social Services, and the Economic Development Office in addition to representatives from the Delaware Workforce Development Board, the State Board of Education, Delaware Technical Community College, local school systems, employers, and from community organizations. The Steering Committee is responsible for: 1. Advising the Governor on priosites, policy issues, and specific plans for the ongoing implementation of Delaware Pathways; 2. Reviewing policy of existing statewide programs and funding streams to make recommendations and take actions that align K-12 education, higher education, and workforce development programs; 3. Providing guidance and leadership to agency organization staff involved in implementing work related to Delaware Pathways; 4. Establishing and reporting against annual goals for Delaware Pathways; and 5. Assisting in convening stakeholders and increasing participation in Delaware Pathways programs throughout the state. Steeting Committee Goals for October Meeting Review Delaware Pathways history and accomplishments; Discuss the role of the Steering Committee; Review the Delaware Pathways Strategic Plan; Review membership of the Delaware Pathways leadership team; Discuss budgetary priorities; and Discuss legislative outreach and engagement.