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

us>
To: "Black, Edward K (DOJ)" <edward.black@state.de.us>
Subject: FW: Draft Response to Rep Williams re: Priority Schools
Date: October 27, 2014 at 5:01:29 PM EDT

Patricia Davis Oliva
Patricia Davis Oliva
Deputy Attorney General
102 W. Water Street
Dover, DE 19904
(302) 257-3233 Phone
(302) 739-7652 Fax
Confidentiality Notice: This electronic message and any
attachment(s) are confidential and may be subject to the
attorney/client privilege and/or work product immunity.
This e-mail is only for the use of the intended
recipient(s). If you have received this e-mail in error,
please notify the sender immediately by replying to this
e-mail, then delete this message and any attachment(s)
from your system. Any unintended transmission
expressly shall not waive the attorney/client or any other
privilege.
From: Haberstroh Susan Keene
[mailto:susan.haberstroh@doe.k12.de.us]
Sent: Tuesday, September 30, 2014 2:13 PM
To: Davis-Oliva, Patricia (DOJ); Schwinn, Penny (K12); Mclaughlin,
Mary Kate (K12)
Cc: Hickey, Catherine T. (DOJ); Reardon, Allison E (DOJ)
Subject: RE: Draft Response to Rep Williams re: Priority Schools

Hi Patty,
Thank you for your assistance on this while Terry is on a
well-deserved vacation. Your response is very accurate
and the only edit I would make is deleting the reference

to publication in the newspaper. I have attached for
your review.
I can’t imagine picking this up in the short time you have
had! Thanks, again.
Best,
Susan
Susan Keene Haberstroh, MPA, Ed.D.
Associate Secretary
Education Supports & Innovative Practices Branch
shaberstroh@doe.k12.de.us
From: Davis-Oliva, Patricia (DOJ) [mailto:Patricia.DavisOliva@state.de.us]
Sent: Tuesday, September 30, 2014 1:42 PM
To: Haberstroh Susan Keene; Schwinn Penny; McLaughlin Mary
Kate
Cc: Hickey Catherine T.; Reardon Allison E
Subject: Draft Response to Rep Williams re: Priority Schools

Ladies: Attached please find the draft response that I
intend to send to Representative Williams in answer to
her questions of September 23, 2014 posed to the DDOJ,
which I’ve copied for your reference here. Please let me
know any and all changes you have to this document.
You are the subject matter experts here and it is very
important to me that I not mis-state or overstate
anything contained herein. Especially since we’re trying
to coordinate responses. Thank you very much for your
help and your patience with me.
Patty
________________________________________
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

Patricia Davis Oliva
Patricia Davis Oliva
Deputy Attorney General
102 W. Water Street
Dover, DE 19904
(302) 257-3233 Phone
(302) 739-7652 Fax
Confidentiality Notice: This electronic message and any
attachment(s) are confidential and may be subject to the
attorney/client privilege and/or work product immunity.
This e-mail is only for the use of the intended
recipient(s). If you have received this e-mail in error,
please notify the sender immediately by replying to this
e-mail, then delete this message and any attachment(s)
from your system. Any unintended transmission
expressly shall not waive the attorney/client or any other
privilege.