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SPONSOR: Rep. Miro & Sen. Lawson & Rep. Spiegelman & Rep.
Briggs King & Rep. Hensley & Rep. Ramone & Rep. D.
Short & Rep. Hudson

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HOUSE OF REPRESENTATIVES
148th GENERAL ASSEMBLY
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HOUSE BILL NO. 243
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AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION ASSESSMENT.

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6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
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Section 1. Amend 151 of Title 14 of the Delaware Code by making deletions as shown by strike through and
9insertions as shown by underline as follows:
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151 State assessment system; rules and regulations.

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(k) The Department shall not use the percentage of students in any district or school that participated in state

12assessment as a factor in determining ratings for accountability or progress or as a basis for qualification for any safe
13harbor provision.
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(k) (l) Rules and regulations pursuant to this subchapter shall be proposed by the Secretary subject to approval by

15the State Board of Education.

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HR : JWA : AFJ
0801480369

Released: 01/14/2016 03:26 PM

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SYNOPSIS

Under current federal and state regulations implementing the statewide assessment program, if a school or district
has less than 95% of their students taking the state assessment, this can be used against the school or district as it pertains
to accountability or progress ratings, and further may disqualify the school or district from safe harbor provisions. As the
decision to opt out of state assessments is made by parents, and not the school or district, this bill will prohibit the state
from using the rate of participation against a school or district.
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