Showdown 2.0. Let the DOE/Jack Markell union busting begin.

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10.0 Process

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.

10.2 Notice — A district that includes a school or a charter school identified as Under Improvement shall, at least 14 days prior to the start of the upcoming school year, provide the following notification to parents of students enrolled in that school:

10.2.1 Information regarding the school’s identification and reason for its identification;

10.2.2 For Title I schools, their right to enroll their child(ren) in a different school as prescribed by ESEA, and for non-Title I schools, information on the Statewide Choice program as prescribed in 14 Del.C.,Chapter 4;

10.2.3 For Title I schools, their right to have their child receive Supplemental Educational Services, as prescribed by ESEA, and for non-Title I schools, supplemental services if provided for in §103.7.0;

10.2.4 How they can be involved in addressing the academic issues that led to identification; and

10.2.5 Any other notifications required by the ESEA regulations.

10.3 Plan Development, Approval, and Modification

10.3.1 Schools receiving notice that they are identified as Under Improvement Phase I shall develop or revise their School Success Plan within three months of their notification. Schools identified as Title I shall also ensure that the ten (10) requirements for schools under improvement, as required in Section 1116(b)(3)(A) of the ESEA, are incorporated in the Success Plan. Schools shall provide the Plan to the district in which the school is located for approval or in the case of a charter school, to the charter school’s board. The district or charter school board shall, within 45 days of receiving a revised School Success Plan from a Title I school, establish a peer review process to assist with review of the Plan. The district or charter school board must promptly review the School Success Plan, work with the school as necessary, and approve the School Success Plan if it meets the ten (10) requirements for schools under improvement as required in Section 1116(b)(3)(A) of the ESEA. The Plan shall be implemented immediately upon approval.

10.3.2 Schools receiving notice that they are identified as Under Improvement Phase II shall modify their School Success Plan as necessary within three months of their notification.

10.3.3 Districts having schools that are identified as in Corrective Action Phase I and charter schools so identified shall develop their Corrective Action Plan within six weeks of their notification and shall provide the Plan to the Department for approval. Following submission, the Department shall collaborate with the school and the district and make any necessary revisions such that the Corrective Action Plan is approved within six weeks of submission. If the school, the district and the Department are unable to agree on the Corrective Action Plan at the end of the six week period, then the Department shall develop the Corrective Action Plan within 4 weeks of that deadline.

10.3.4 Districts having schools that are identified as in Corrective Action Phase II and charter schools so identified shall develop the Restructuring Plan required in 7.5 within three months of their preliminary notification and provide the Restructuring Plan to the Department for review and approval. Prior to the date of submission, the district or charter school shall have performed all necessary steps to ensure that the restructuring choice selected is viable and will be implemented, subject only to approval by the Department. The Department, in consultation with the State Board of Education, shall review and approve the Restructuring Plan, or make comment, and require revisions, if needed within 60 days of submission. If revisions are required, the district or Charter school must submit a final revised Restructuring Plan to the Department by April 30th of the Corrective Action Phase II year for final review and approval. The Department shall approve or disapprove the revised Restructuring Plan within 60 days of submission. If the Department disapproves the Restructuring Plan, the district or charter school submitting the Restructuring Plan shall make another selection from among the Restructuring options in 7.5.1. Department approval of the Restructuring Plan shall be subject to the results of that year’s accountability activities. Upon receipt of the final identification for that year, if results show that the school is in Restructuring, the district or charter school shall immediately implement the Restructuring Plan.

10.3.5 Schools that are selected by the Department for participation in the Partnership Zone shall be notified of such selection by September 1st. The district or charter school shall immediately begin negotiating the MOU required by 7.6.1. If the parties to the MOU are unable to agree on the MOU within 120 days, the district or charter school shall select from the Restructuring models found in 7.5.1, 7.5.2, or 7.5.3.

10.3.6 All plans submitted by schools and districts pursuant to 7.0 shall be developed with input from parents, teachers, and outside experts. Such plans shall establish measurable goals/benchmarks for the school. Once a plan is approved, information regarding the plan shall be provided to parents.

10.3.7 In evaluating School Success Plans, Corrective Action Plans, and Restructuring Plans, the Department shall ensure that each such plan satisfies applicable law, reflects input required in 10.3.6, includes measurable goals/benchmarks for the school, and is likely to result in the school improving its performance classification and exiting “under improvement” status.

10.3.8 Provisions in this section are in addition to, and not in lieu of, existing ESEA requirements for Title I schools.

13 DE Reg. 1064 (02/01/10)

14 DE Reg. 1353 (06/01/11)

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