Request to Amend Accountability Plan – Delaware – NCLB Policy Letters to States

May 17, 2007

The Honorable Valerie A. Woodruff
Secretary of Education
Department of Education
The Townsend Building
P.O. Box 1402
Dover, Delaware 19903-1402

Dear Secretary Woodruff:

I am writing in response to Delaware’s request to amend its State accountability plan under Title I of the Elementary and Secondary Education Act (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB). Following our discussions with your staff, I am pleased to approve those amendments that are aligned with NCLB; the revised and fully approved plan that was submitted on March 7, 2007, will be posted on the Department’s website. A summary of the approved amendments is enclosed with this letter. As you know, any further requests to amend the Delaware accountability plan must be submitted to the Department for review and approval as required by section 1111(f)(2) of Title I.

Please also be aware that approval of Delaware’s accountability plan for Title I, including the amendments approved above, does not indicate that the plan complies with Federal civil rights requirements, including Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and requirements under the Individuals with Disabilities Education Act.

NCLB has provided a vehicle for States to raise the achievement of all students and to close the achievement gap. We are seeing the results of our combined endeavor; achievement is rising throughout the nation. I appreciate Delaware’s efforts to raise the achievement of all students and hold all schools accountable. If you need any additional assistance to implement the standards, assessments, and accountability provisions of NCLB, please do not hesitate to contact Jeff Johnson ( or Sue Rigney ( of my staff.


Kerri L. Briggs, Ph.D.
Acting Assistant Secretary

cc: Governor Ruth Ann Minner
Robin Taylor

Amendments to the Delaware Accountability Plan

The following is a summary of the State’s approved amendments. Please refer to the Department’s website (refer to:
for the complete Delaware accountability plan.

Acceptable amendments

We have reviewed your request to amend the Delaware accountability plan and found the following amendment aligned with the regulations and statute. These may be included in Delaware’s approved accountability plan.

Growth model to determine AYP (Element 3.2)

Revision: As approved by the Department through a flexibility agreement, Delaware will implement a growth model as a means of determining AYP for schools and districts. For details regarding the proposal, including the approval letter, refer to:

Including students with disabilities in AYP determinations (Element 5.3)

Revision: Delaware will use the “proxy method” (Option 1 in our guidance dated December 2005) to take advantage of the Secretary’s flexibility regarding calculating AYP for the students with disabilities subgroup (refer to: www.ed.gov Delaware will calculate a proxy to determine the percentage of students with disabilities that is equivalent to 2.0 percent of all students assessed. For this year only, this proxy will then be added to the percentage of students with disabilities who are proficient. For any school or district that did not make AYP solely due to its students with disabilities subgroup, Delaware will use this adjusted percent proficient to re-examine if the school or district made AYP for the 2006-07 school year.

Decision Letters on State Accountability Plans

Request to Amend Accountability Plan - Delaware - NCLB Policy Letters to States