Delaware Code
Subchapter III. State Public Education Assessment and Accountability System
§ 155. School district and school board accountability for academic performance.

(a) The Department shall create a program to provide the public with objective information about the academic performance of all Delaware public reorganized and vocational-technical school districts, through the Education Profiles specific to each school district required pursuant to § 124A of this title. The program shall classify districts based on the assessments administered pursuant to § 151 (b) and (c) of this title, as well as other criteria established by the Department of Education regulations pursuant to subsection (b) of this section. The Department shall classify school districts by utilizing 3 ratings of district performance to be known as “Superior Performance,” “Commendable Performance,” and “Academic Watch.” A school district may additionally be identified as “Under Improvement” pursuant to criteria of the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq.
(b) The Department shall establish the criteria for the determination of whether a school district is subject to recognition, or subject to improvement and accountability activities. The Department regulations setting forth such criteria shall be at a minimum consistent with the requirements of the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq.
(c) The Department shall develop a program to commence during Fiscal Year 2004 to recognize the performance of school districts designated as “Superior Performance” and “Commendable Performance.” Such program shall, subject to the extent of available appropriations, include recognition of districts and their boards of education through the Education Profiles pursuant to § 124A of this title; special ceremonies, the award of plaques or flags.
(d) The Department shall develop a program to improve and hold accountable those school districts identified as “Academic Watch” and “Under Improvement.” Such program shall be at a minimum consistent with any sanctions prescribed by the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq.
(e) The Department, with the consent of the State Board of Education, shall promulgate rules and regulations to implement this section; however any such rule or regulation related to collective bargaining shall be written consistent with the authority of the Public Employment Relations Board as that authority is established in Chapter 40 of this title.

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