From: "Davis-Oliva, Patricia (DOJ)" <Patricia.Davis-Oliva@state.de.

us>
To: "Black, Edward K (DOJ)" <edward.black@state.de.us>
Subject: FW: Priority Schools
Date: October 27, 2014 at 5:02:06 PM EDT

Last one

Patricia Davis Oliva
Patricia Davis Oliva
Deputy Attorney General
102 W. Water Street
Dover, DE 19904
(302) 257-3233 Phone
(302) 739-7652 Fax
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From: Hickey, Catherine T. (DOJ)
Sent: Wednesday, September 24, 2014 9:55 AM
To: Murphy, Mark (K12); Mclaughlin, Mary Kate (K12)
Cc: Davis-Oliva, Patricia (DOJ)
Subject: FW: Priority Schools
Importance: High

Good morning.
Please see the below highlighted questions and
assertions from Representative Williams and Leah Davis,
which are part of their communication to AG Biden

regarding the recently named Priority Schools. I am
preparing a draft response to these questions and need
you to provide me with the facts associated with these
assertions and questions. I need a quick turn around on
this, please and am happy to participate in a meeting or
telephone conference to accomplish that.
Thanks,
Terry
Catherine T. Hickey, Esquire
Deputy Attorney General
Department of Justice
102 West Water Street
Dover, De 19904
(302) 739-7641 (voice)
(302) 739-7652 (facsimile)
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product immunity. This e-mail is only for the use of the intended
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delete this message and any attachments(s) from your system.
Any unintended transmission expressly shall not waive the
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________________________________________
From: Williams, Kimberly (LegHall)
Sent: Tuesday, September 23, 2014 6:59 PM
To: Biden III, Joseph R (DOJ); Mullaney Sr, Tim (DOJ);
McConnel, Ian R (DOJ)
Cc: Daugherty, Mervin B (K12); Rivera, Kenneth
(K12); Woods, Kenneth (K12); Bohm, Adriana L (K12);
Williams, Kimberly (LegHall); Brainard, Mark G
(LegHall); Kowalko, John (LegHall); Baumbach, Paul
(LegHall); Matthews, Michael J (K12);
leefdee@verizon.net<mailto:leefdee@verizon.net>
Subject: Priority Schools
September 23, 2014
To the Office of the Attorney General:
The Department of Education named six City of
Wilmington schools as Priority Schools on September
4, 2014. Three of the schools are located in the Red
Clay Consolidated School District and the other three
are located in the Christina School District. The
schools were provided a Memorandum of
Understanding (MOU). Each MOU cites Delaware
Regulations: Administrative Code: Title 14: 100.
In reviewing Administrative Code: Title 14: 100: 103
which is titled: Accountability for Schools, Districts,
and State, 10.0: Process states under 10.1: The
Department shall provide districts and schools with
preliminary notification of a school's identification
pursuant to 7.0 no later than the end of July following
the school year on which the identification is based,
and final notice shall be given no later than August
1st.

Were the districts and schools given preliminary
notification by the end of July by the Department of
Education?
Under 1.2 Definitions: Persistently Low Achieving
School means: any Title 1 school in improvement,
corrective action, or restructuring that:
(a) Is among the lowest-achieving five percent of
Title I schools in improvement, corrective action, or
restructuring or the lowest-achieving five Title I
schools in improvement, corrective action, or
restructuring in the State, whichever number of
schools is greater.
Has each of the six identified schools been under
improvement, had corrective action or restructuring?
Do these schools meet the definition of Persistently
Low Achieving School as defined in the
Administrative Code?
7.6 Partnership Zone Schools: A school that is a
Persistently Low-Achieving School and that is
determined by the Secretary as likely to benefit from
assignment to Partnership Zone Schools status shall
be designated as a Partnership Zone School by the
Secretary. The Secretary shall determine which
Persistently Low-Achieving Schools would benefit
from Partnership Zone School status through
consideration of the academic achievement of the
"all students" group in a school in terms of
proficiency on the State's assessments under section
1111(b)(3) of the ESEA in reading and mathematics
combined, (ii) the school's lack of progress on those
assessments over a number of years and qualitative

measures as determined by the Secretary in
consultation with the State Board of Education, Chief
School Officers Association, and Delaware State
Education Association.
Has the Secretary met with the State Board of
Education, Chief School Officers Association, and
Delaware State Education Association as outline in
7.6?
Where in the Administrative Code is a focus or a
priority school defined?
The Department of Education provided a document
titled: Delaware Department of Education Turnaround
Guide 2014-15 School Year, it is attached. In the
document on page 2 it states: This Turnaround Guide
and the contents herein is the product of the work of
individuals within the Delaware Department of
Education, its partners, districts within the State of
Delaware, and schools across the country; this is a
false statement. This plan was not developed by
districts or school boards; it was developed by the
Department of Education with no input from anyone.
Is the document even a legal document?
We thank you for your time and consideration and we
look forward to your response.
Rep. Kim Williams – 19th District
Leah Davis – past President Red Clay School Board