WHEREAS, successful preparation for both postsecondary education and today’s job market requires learning the same rigorous English and mathematics content and skills; and

WHEREAS, no longer do students planning to go to work after high school need a different and less rigorous curriculum than those planning to go to college; and

WHEREAS, a high school diploma should reflect student success in this rigorous curriculum and be externally validated using multiple indicators to demonstrate that coursework translated into retained skills and knowledge;

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 1, Title 14 of the Delaware Code, by striking § 152 thereof in its entirety and by substituting in lieu thereof the following:

“§ 152. State high school diploma requirements; certificate of performance.

(a) Effective for students graduating from high school in 2005, there shall be 1 state high school diploma.

(b) The Department shall award a Diploma to a student who successfully completes prescribed course requirements established by the State, or the district, if district credit requirements are higher than those of the State, and demonstrates proficiency in level of performance relative to the state high school content standards by meeting the required performance level on the assessments administered pursuant to § 151(b) and (c) of this title. The Department, by regulation, shall define the level of performance on the state assessments necessary for a student to receive a Diploma. The definition may provide for a weighted average of the results on the assessments pursuant to § 151(b) and (c) of this title which will demonstrate a satisfactory level of performance to receive a Diploma. A weighted average must place a higher priority on the assessments pursuant to § 151(b) of this title than those administered pursuant to § 151(c) of this title.

(c) A high school student who fails to achieve a proficient level of performance on the statewide high school assessment required by § 151(b) and (c) of this title must retake the assessment at least once in each succeeding year until the student achieves the established level of performance. A student taking an alternate assessment pursuant to § 151(g) of this title shall be exempt from this requirement.

(d) A high school student who retakes the statewide high school assessment required by § 151(b) and (c) of this title 2 or more times pursuant to subsection (c) of this section, and who has failed to achieve a proficient level of performance on the assessment, may be awarded a Diploma if:

(1) The student has received an SAT score that is at least 25 points above the national average for the SAT composite score; or

(2) The student has received a score of 3 or better in three separate AP tests, at least one of which is an AP math or AP science test; or

(3) The student has a cumulative grade point average of a 3.65 on a 4.00 scale, or its equivalent, on his or her final high school transcript; or

(4) The student has completed all remediation opportunities offered by the school district and has received written recommendations from teachers in each of the subject areas in which the student received a lower than proficient score on the assessments administered pursuant to § 151(b) and (c) of this title; provided, however, that said recommendations are:

a. Accompanied by a written concurrence from the principal of the student’s high school; and

b. Supported by documentation that the student has attained the academic standard in the subject area based on classroom work and tests, other than the assessments administered pursuant to § 151(b) and (c) of this title.

(e) The Department shall issue a certificate of performance to a student who has met the requirements of the student's Individualized Education Program but has not completed the high school graduation course credit requirements established by the State, or the district, if higher than the State and has not demonstrated the proficient level of performance established pursuant to subsection (b) of this section.

(f) Beginning with the 2008 school year, and for each school year thereafter, the Department shall issue a State of Delaware Distinguished Achievement Diploma to any student who has been identified by a school district of this State as qualifying for one. The Department shall clearly indicate that a diploma is a State of Delaware Distinguished Achievement Diploma when one is issued. The Department shall establish by regulation a higher level of individual performance on the assessments administered pursuant to § 151(b) and (c) of this title necessary for a student to receive a Distinguished Achievement Diploma. Local school districts may establish alternate indicators that may be used in lieu of the higher level of individual performance established by the Department pursuant to this subsection to identify a student as qualifying for a State of Delaware Distinguished Achievement Diploma; provided, however that the alternate indicators for a State of Delaware Distinguished Achievement Diploma are more rigorous than those set forth in subsection (d) of this section for State of Delaware Diplomas.

(g) Local school districts shall include a statement of a student’s performance relative to the state high school content standards as a component of a student’s high school transcript.”

Section 2. Amend § 151(a), Title 14 of the Delaware Code, by inserting at the end thereof immediately after the term “educational attainments.” the following new sentence:

“The assessment program shall reflect student success in a rigorous curriculum and be externally validated using multiple indicators to demonstrate that coursework translated into retained skills and knowledge.”

Section 3. Notwithstanding the provisions of this Act to the contrary, the Department of Education shall award a Distinguished Achievement Diploma, upon such terms as are set forth in 14 Del C. § 152 on the day this Act is enacted into law, to every student who qualifies to receive one and who graduates in the years 2005, 2006, or 2007.

SYNOPSIS

This Act creates a two tiered diploma system in Delaware that permits schools to take a student’s score on the DSTP into account as one indicator of the student’s eligibility to receive a State of Delaware High School Diploma. Pursuant to this Amendment, as a default the Department of Education must award a Diploma to any student who successfully completes prescribed course requirements established by the State, or the district, if district credit requirements are higher than those of the State, and demonstrates proficiency in level of performance relative to the state high school content standards by meeting the required performance level on the assessments administered as part of the DSTP.

This Act also implements alternate indicators, which offer alternate routes for awarding a State of Delaware High School Diploma to any student who has successfully completed his or her prescribed high school course requirements. Pursuant to this Act, these alternate indicators may be used in lieu of the DSTP score, to award a student a Diploma if the student has taken the DSTP at least 2 times as required by this Act (and existing law). These indicators include:

(1) an SAT score that is at least 25 points above the national average for the test;

(2) a score of 3 or better in three separate AP tests, at least one of which is an AP math or AP science test;

(3) a final cumulative grade point average of a 3.65 on a 4.00 scale, or its equivalent; and

(4) completion of all remediation opportunities offered by the school district and receipt of written recommendations from teachers in each of the subject areas in which the student received a lower than proficient level of performance on the statewide high school assessment; provided, however, that said recommendations are:

a. Accompanied by a written concurrence from the principal of the student’s high school; and

b. Supported by documentation that the student has attained the academic standard in the subject area based upon both tests, other than the statewide high school assessment, and classroom work.

This Act preserves the existing State of Delaware Distinguished Achievement Diploma for students graduating in 2005, 2006, and 2007, and implements a new system for awarding a Distinguished Achievement Diploma beginning in 2008. Pursuant to this Act, the Department of Education will continue to establish a higher level of performance on the DSTP as the default requirement for receiving a State of Delaware Distinguished Achievement Diploma. However, it shall only award them to students who have been identified by their school district as qualifying for one. Further, this Act permits the school districts to establish alternate indicators for qualifying a student for a State of Delaware Distinguished Achievement Diploma, provided that they are more rigorous than the alternate indicators established for receipt of a State of Delaware High School Diploma.

This Act goes on to improve the underlying design of the DSTP by expressly requiring that the DSTP reflect student success in this rigorous curriculum and be externally validated using multiple indicators to demonstrate that coursework translated into retained skills and knowledge. Finally, this Act leaves the certificate of performance awarded for students in IEPs unchanged.

SPONSOR:	Rep. Oberle & Rep. Ulbrich & Rep. Maier & Rep. Smith; Reps. DiPinto, Hudson, Lavelle, Lofink, Spence