COMMITTEES

EARL G. JAQUES, JR.

STATE REPRESENTATIVE
Twenty-Seventh District

HOUSE OF REPRESENTATIVES
STATE OF DELAWARE

Education, Chair
Veterans Affairs, Chair
Health & Human Development
Labor
Transportation/Land Use and
Infrastructure

LEGISLATIVE HALL
DOVER, DELAWARE 19901

Education Committee Meeting Minutes

4.22.15
Chair Jaques called the meeting to order at 3:31 p.m. Committee members present included Reps.
Jaques, Williams, Barbieri, Heffernan, Matthews, Bolden, Osienski, Potter, Lynn, Ramone, Dukes,
Kenton, Miro, and Hensley. Non-committee members Rep. Kowalko, D. Short, Schwartzkopf, Bennett,
and Longhurst were also in attendance. Secretary Murphy of the Delaware Department of Education was
also in attendance. For a list of all individuals present, please see the attendance list below.
Chair Jaques began the meeting by outlining the rules by which the meeting would be conducted. He
explained that committee members would have unlimited time for questioning; followed by statements
from the Secretary of Education, State Board of Education, and then the Delaware State Education
Association; then public comment where each speaker would have two minutes.
Rep. D. Short introduced HB 100, AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE
RELATING TO THE TAX RATE AND ENROLLMENT FOR THE SUSSEX COUNTY
VOCATIONAL-TECHNICAL HIGH SCHOOL DISTRICT. Rep. D. Short said that this bill
addresses the tax rate ceiling for Sussex Vocational-Technical School District (SVTSD) in Sussex
County by increasing the ceiling for two years and then sunsetting the ceiling to its original level. He
said that this bill also helps to address the enrollment increases in SVTSD by creating an enrollment cap,
lowering the enrollment over a period of time. He said the funding dilemma in SVTSD was caused
partly by the tax ceiling issue, but also due to the lull in the economy. He said the bill also addresses
some admission restrictions, including sibling applicants and those with a GPA below the seventieth
percentile to be eligible for the lottery.
Rep. Schwartzkopf said that all Sussex County legislators have worked on this bill and they are unified,
mostly. He said that this bill is not a panacea, but it is a reasonable path forward and gives the
superintendent and board of education time to bring expenses in line with revenues. He said there will be
a forthcoming amendment to this bill to deal with expulsion policies and said the bill will not run
without the amendment.
Rep. Williams asked if the sponsors of the bill supported the provision for GPAs below the seventieth
percentile policy to be applicable to all vocational-technical schools in Delaware.
Rep. D. Short said he would defer to the representatives of those counties, but it is something to be
considered. He said that consistency is a good thing, in his personal opinion. He also said that it is not an
issue for this bill and the bill should remain as is for passage.

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Rep. Williams questioned why Superintendent Lathbury voted against that provision previously in a task
force meeting, but now supports the policy in HB 100.
Reps. D. Short and Schwartzkopf requested that the issue be debated on another day and requested that
an amendment addressing that issue not be added to HB 100.
Rep. Kowalko echoed the concern of Rep. Williams and said the bill should be amended to include New
Castle County Vocational-Technical School District.
A motion was made by Rep. Ramone and seconded by Rep. Miro to release the bill from committee.
Motion carried. Yes 13 (Jaques, Barbieri, Heffernan, Matthews, Bolden, Osienski, Potter, Lynn,
Ramone, Dukes, Kenton, Miro, Hensley); No 1 (Williams); Absent 0. HB 100 was reported out of
committee with an F=1, M=12, U=0 vote.
Rep. Longhurst introduced HB 90, AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE
RELATING TO SUICIDE PREVENTION IN SCHOOLS. Rep. Longhurst this bill requires all
public school employees to receive 90 minutes of training each year on suicide prevention. The bill also
requires all public schools to establish a suicide prevention committee and local education agencies to
create a suicide prevention policy. She said that Delaware is one of 13 states that do not require this
training already. Rep. Longhurst said that teachers spend more time with children than some parents and
that this legislation is similar to the previous state bullying legislation.
Rep. Longhurst then introduced Cyndi McLaughlin who read prepared remarks (attached).
Chair Jaques said that his oldest granddaughter had a friend who committed suicide and not a day goes
by where his granddaughter does not think of her. He thanked the sponsor and Ms. McLaughlin for the
legislation.
Rep. Bolden said that her granddaughter attempted suicide and did not succeed, but ended up blinding
herself. She said that two of her granddaughters friends also tried, one successful and one not. She said
as a former teacher, training is needed to identify the signs which are present daily. She said she stands
in full support of the bill. She explained that there are many peer pressures in high school that tend to be
ignored.
Rep. Lynn said that during his freshman year of college a good friend of his killed herself in the
bathroom of Dover High School. He said that anything that could prevent tragedies like that is
something he supports. He thanked the sponsors.
Rep. Williams thanked Ms. McLaughlin for coming forward and having the courage to help other
students.
Susan Haberstroh, Delaware Department of Education, thanked the sponsors and Ms. McLaughlin for
bringing this issue forward on behalf of DDOE.
Donna Johnson, Delaware State Board of Education, was very pleased to support the legislation and said
that the Foundation for a Better Tomorrow came to SBE in June to make sure that school employees
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could recognize signs and help a child get the appropriate help. She said SBE is in full support of the
legislation.
Mark Holodick, Superintendent of Brandywine School District, said he echoed the sentiments of DDOE
and supports the bill and looks forward to working with legislators to make sure educators can do
whatever is needed to help children.
A motion was made by Rep. Kenton and seconded by Rep. Hensley to release the bill from committee.
Motion carried with all in favor. HB 90 was reported out of committee with an F=0, M=10, U=0 vote.
Rep. Kowalko introduced HB 50, AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE
RELATING TO EDUCATION ASSESSMENT. Rep. Kowalko said this bill creates the right for the
parent or guardian of a child to opt out of the annual assessment, currently the Smarter Balanced
Assessment. Rep. Kowalko said that parents already have the constitutional right to opt their child out of
the state assessment, but this bill clarifies that right in the State Code so that there will not be
repercussions, academic or disciplinary, against parents. He said that the bill requires the school to
provide alternative educational programs during testing time. He said that the bill also requires that optout numbers would not be factored into school accountability calculations by DDOE. Rep. Kowalko said
this bill is a sincere and honest attempt to clarify that parents have the right to act in the best interest of
their child. He said that the Smarter Balanced Assessment is an untried, unproven, and potentially
psychologically damaging measure. He said the bill is not anti-Common Core and it is not a bill to
repeal the Smarter Balanced Assessment (SBA)it is a bill for the rights of parents.
Chair Jaques said he clearly understands the need for parent involvement in education, but he asked
where the line should be drawn for too little and too much parent involvement. Chair Jaques asked if we
want parents determining textbooks, lesson plans or appropriate testing. He asked what the purpose of
the legislation was.
Rep. Kowalko said the purpose is to guarantee in State Code the rights of parents to do what is in the
best interest of their children. He said this has nothing to do with textbooks, content, or curriculum
changes. He said that Delaware allows home schooling with no control over curriculum because it is a
parental right. He said this bill is about parental rights.
Chair Jaques said that once the door is opened for parents to make choices the line is hard to draw.
Rep. Kowalko said that the government has no right to impose upon parents when it has something to do
with the rights of children and their best interests.
Chair Jaques asked how the state will judge Common Core if SBA is eliminated.
Rep. Kowalko said to take the data for those who take the test. He also said that it is debatable that
performance can be tied to SBA. He said this is a parental rights bill and if a parent has concern for
his/her child, there will be a method to officially opt out of SBA. He said this is not a reflection on
Common Core or SBA.

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Chair Jaques said that four presidents of Delaware colleges and universities spoke in favor of SBA being
useful in determining remediation.
Rep. Kowalko said that the premise for that is ludicrous and an illogical trap. He said that SBA results
do not exist yet, and it is irresponsible to say that it should be a part of the criteria to determine
remediation.
Chair Jaques said that SBA allows Delaware to compare performance and growth of schools and
districts.
Rep. Kowalko said that it has not proven to be true one-way or another.
Chair Jaques said that SBA allows teachers the ability to gauge student performance and readiness over
time.
Rep. Kowalko disagreed.
Chair Jaques said that this bill and his position in no way relate to opting out for special education
students. He said he was a co-sponsor of Senate Bill 228 last session which allowed for opting out for
special education students.
Chair Jaques then asked why the bill language is limited to SBA and not the SAT, DCAS, NAED or
KRT.
Rep. Kowalko said that the SAT is not mandated and that is a disingenuous argument.
Chair Jaques referenced line four of the bill that states the statewide assessment. He asked why SBA
was only mentioned in the synopsis of the bill.
Seth Thompson, House Attorney, said that the word the as opposed to any refers to SBA, which is
the current assessment.
Chair Jaques asked if there is enough time between the opt-out date and the assessment for schools to
prepare alternative educational opportunities for those opting out.
Rep. Kowalko said it is enough time for schools. He said once the bill is passed, schools will put in
place an alternative educational opportunity for those who opt-out.
Chair Jaques said that line 10 of the bill requires DDOE to maintain a data system to track those opting
out. He asked what the cost of this is and if he consulted DDOE prior to introducing the bill.
Rep. Kowalko said it would be a minimal cost because DDOE would just have to track who opts-out,
just as they track who is taking the assessment now.
Chair Jaques said that students of majority age have the sole right to opt out. He asked if parental rights
are being taken away in that circumstance.
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Rep. Kowalko said the age of majority precludes parental involvement.

Rep. Williams said that DDOE already has a data system and tracker for assessments in order to report
to the federal government.
Rep. Potter asked if there are enough assessments to measure performance currently.
Rep. Kowalko said that the in-class assessments preclude the need for this end-of-the-year assessment.
He said the money going to this assessment should be in classrooms.
Rep. Potter said he received a lot of inquires about how this bill will affect low-income children. He
asked if there would be a loss of federal dollars.
Rep. Kowalko said this bill is not trying to dilute statistical accumulation.
Seth Thompson, House Attorney, said it is possible that the federal government decides to take that
recourse. He said the threshold of the federal government is if 95 percent of students take SBA.
Rep. Bolden said she concurs with Rep. Kowalko on some things, but she was concerned with other
things. She thought that a task force was established to examine all state testing and that is the issue that
needs to be focused on. She said her concern is for the uneducated parent, the inner-city parent. She
said she did not see inner-city parents at the committee meeting.
Rep. Bolden then read prepared remarks from Wilmington City Councilman Street (attached).
Rep. Kowalko said that no district or school has the legal right to forbid a parent from opting his/her
child out of the assessment and no district or school has the right to encourage doing so.
Rep. Dukes asked how many states have opted out thus far.
Rep. Kowalko said quite a few, but he was unsure of the exact number. He said that government
overreach into local education is becoming an epidemic.
Rep. Dukes asked what the penalty is if a student shows up to school on the day of the assessment and
refuses to take it.
Secretary Murphy said school leadership is dealing with those situations in a locally-controlled manner.
Mark Holodick, Superintendent of Brandywine School District, said he has never had that happen in 12
years. He said that 30 families requested to opt-out this year and all were approved in his district.
Rep. Dukes said he has five school districts in or surrounding his representative district and one of them
has a 75 percent poverty rate. He said the poverty sometimes causes parents/guardians to be uninformed.
He said if parents opt out that Delaware will never get a true reflection of how students are performing
and progressing academically. He said he is not supporting the bill.
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Rep. Osienski said he supports the bills release because it is an important enough issue for the whole
House of Representative to debate.
Rep. Lynn said it is important to look at the context of this bill because it may be illustrative of a larger
issue in the education community. He said he is hesitant to accept the constitutional right claim and he
spent time researching the constitutionality. He said he believes the bill should be released, but more
research is needed on the constitutionality. He said that constitutional rights as parents sometimes
preclude parents from certain choices within schools, per the U.S. Supreme Court. He believes the entire
House of Representatives should debate it.
Rep. Heffernan said that the one thing that has kept her near education is that it is student-focused, but
the arguments in this committee are more about adults. She said specific exemptions already exist for
opting out of state assessments. She said this should be about a kid being educated, not a parent or an
adult.
Rep. Barbieri said he appreciated what Rep. Lynn articulated. He said if those issues have been brought
up that the committee should hold until they are better understood.
Rep. Ramone said he believes his angst is with the test itself. He said parents already have the right to
opt out, so he asked why the bill is needed.
Rep. Kowalko said it would ensure parents would not be held accountable legally by opting out.
Rep. Ramone said that the Brandywine Superintendent granted all opt out requests and asked if he knew
of parents who had a request denied.
Rep. Kowalko said he is aware of parents who had a request denied, but he would not divulge their
names.
Rep. Ramone said he has concerns articulated to him over students who are taking the test and those
who are not and concerns over a lack of effort by students who have friends not taking the test. He also
asked if Delaware pays for the test based on the number of children in school or those who take it. He
asked if we need a fiscal note on the bill. He said that he believes that there is entirely too much testing
in Delaware, but questioned if this is the right bill to address that problem.
Rep. Williams said that there is no task force formed to look at statewide assessments currently. She said
it is up to districts to do inventory.
Secretary Murphy said DDOE is currently engaged in an assessment inventory to decide the quality and
relevance of all of the assessments. They will then make a decision on which are the most necessary. He
said that all districts are expected to participate, as well as teachers and relevant stakeholders.
Lindsay OMara, Office of Governor Jack Markell, said that all districts receive funding to do an
assessment inventory that requires teacher participation and stakeholder engagement, as a condition of

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Office: 302-744-4142 Fax: 302-739-2313
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receiving the funding. She said the districts should have the inventory done by May and the state will be
done by June.
Rep. Williams said that no state has lost funding for opting out. She said New Jersey has had 50,000
parents opt out and asked DDOE how SBA will measure growth.
Secretary Murphy said Delaware has received a letter from USDOE (attached) threating loss of federal
funds.
Susan Haberstroh, DDOE, said that three states had funds withheld from USDOE for ESEA assessment
requirements not being followed.
Secretary Murphy said Delaware is currently in the first year of SBA implementation. He said that over
four million children nationwide took part in last years SBA field test. He said Delaware will use the
data to build a growth model aligned to Common Core standards over time.
Rep. Williams said she opted her 11th grade child out of SBA and said there is not enough time for
teaching with all of the current assessments.
Rep. Kowalko concurred.
Rep. Williams said that all schools currently have a plan in place for parents who want to opt out their
child.
Rep. Hensley asked when the effective date of the bill would be.
Seth Thompson, House Attorney, said the effective date would be upon passage.
Rep. Bolden said that opting out is not changing the test and she believes the test needs to be changed.
Rep. Matthews said he supports the bill and said he wishes Delaware did not have to talk about this issue
in this way. He said the reason parents are at the meeting is because no one has listened to them for 10
years. He said Delaware needs a more responsible way to assess students moving forward.
Rep. Kowalko said this bill is only a final solution for parents who ultimately decide to opt out.
Rep. Williams said the National PTA says that 10 states have opted out. She said that test results are not
provided until the end of the summer and asked how that allows the instructor to adjust instruction to the
childs needs after the child has moved on to the next grade.
Rep. Baumbach said he supports the bill and said it should not be viewed as a parent right versus a
student right. He said it only looks like a parent right because minors are being discussed. He said
Delaware must empower parents who empower students. He said he was originally hesitant to support
the bill, but he believes the test does not help the student; it helps the State. He said he views this as an
empowerment issue.

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Office: 302-744-4142 Fax: 302-739-2313
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Chair Jaques then transitioned to public comment with a two-minute limit on each speaker. For a list of
submitted testimony and letters of support/opposition, please see attached documents.
Secretary Murphy read prepared remarks (attached) and opposed the bill.
Frederika Jenner, Delaware State Education Association, read prepared remarks (attached) and opposed
the bill.
Teri Quinn Gray, Delaware State Board of Education, opposed the bill.
John Young, parent, supported the bill.
Terri Hodges, Delaware PTA President, supported the bill on behalf of the 7,000 statewide members.
Yvonne Johnson, Delaware PTA VP for Advocacy, supported the bill.
Alissa Schubert, parent, opposed the bill.
Kevin Ohlandt, parent, supported the bill and submitted a petition (attached).
Caitlin and Jackie Kook, student and parent, supported the bill.
Lorrie Gloede, private citizen, supported the bill.
Susan Meany, Delaware ADA, supported the bill.
John Flaherty, Delaware COG, supported the bill being released to the full House of Representatives
only.
James DeChene, Delaware State Chamber of Commerce, opposed the bill.
Bob Byrd, Delaware Business Roundtable, opposed the bill.
Jesse Parsley, educator in Milford School District, opposed the bill.
Courtney Fox, First State Montessori Academy principal, opposed the bill.
Jill Schilling, parent, supported the bill.
MaryKane Long, parent and educator, supported the bill.
Mike Matthews, educator, supported the bill.
Kathryn Gifford, parent, supported the bill.
Connie Merlet, private citizen, supported the bill.
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David Brenton, parent, supported the bill.

Tara Greathouse, parent, supported the bill.
Donna Johnson, Delaware State Board of Education, opposed the bill.
Nelia Dolan, parent, supported the bill.
Bill Doolittle, Delaware PTA, supported the bill.
Deborah Wilson, Urban League, opposed the bill.
Mark Holodick, Brandywine School District Superintendent, opposed the bill.
Chair Jaques ended public comment.
A motion to table the bill was made by Rep. Ramone and seconded by Rep. Heffernan. Motion failed.
Yes 6 (Jaques, Barbieri, Heffernan, Hensley, Ramone, Bolden); No 6 (Williams, Matthews,
Osienski, Lynn, Potter, Kenton); Absent 2 (Dukes, Miro).
A motion was made by Rep. Ramone and seconded by Rep. Matthews to release the bill from
committee. Motion carried. Yes 8 (Williams, Osienski, Kenton, Potter, Lynn, Hensley, Matthews,
Ramone); No 4 (Jaques, Bolden, Barbieri, Heffernan); Absent 2 (Dukes, Miro). HB 100 was
reported out of committee with an F=1, M=7, U=1 vote.
Chair Jaques adjourned the meeting at 6:17 p.m.
Respectfully submitted,
Mark Rucci, Legislative Fellow

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Education Committee Meeting Attendance List 4.22.15

1. Kristin Dwyer, Delaware State Education Association
2. Kevin Carson, Delaware Association of School Administrators
3. Donna Johnson, State Board of Education
4. Teri Quinn Gray, State Board of Education
5. Susan Haberstroh, Delaware Department of Education
6. Lindsay OMara, Office of Governor Jack Markell
7. AJ Lathbury, Sussex Technical School District
8. Kevin E. Burdette, KNB Associates
9. Garry Killmon, Sussex Technical School District
10. Phyllis Kohel, Milford School District
11. Christine Gordon, Foundation for a Better Tomorrow
12. Justin Gordon, Foundation for a Better Tomorrow
13. Jenna Mahoney, Foundation for a Better Tomorrow
14. Lauren Tinsley, Foundation for a Better Tomorrow
15. John Young, parent
16. Teri Hodges, Delaware PTA
17. Alissa Schubert, parent
18. Yvonne Johnson, Delaware PTA
19. Kevin Ohlandt, parent
20. Caitlin Kook, student
21. Jackie Kook, parent and educator
22. Lorrie Gloede, private citizen
23. Susan Meany, Delaware ADA
24. John Flaherty, Delaware Citizens for Open Government
25. James DeChene, Delaware State Chamber of Commerce
26. Bob Byrd, Delaware Business Roundtable
27. Jesse Parsley, Milford School District
28. Courtney Fox, First State Montessori Academy
29. Jill Schilling, parent
30. MaryJane Long, parent and teacher
31. Mike Matthews, teacher
32. Kathryn Gifford, parent
33. Connie Merlet, private citizen
34. David Brenton, parent
35. Tara Greathouse, parent
36. Nelia Dolan, parent
37. Bill Doolittle, Delaware PTA
38. Deborah Wilson, Urban League
39. Mark Holodick, Brandywine School District
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Attached:
Cyndi McLaughlin HB90 remarks
Secretary Murphy HB50 remarks
Delaware State Education Association HB50 remarks
Public Letters in support and in opposition to HB50
Letter to Secretary Murphy from United States Department of Education
Professor Farley-Ripple Letter of Opposition to HB50

411 Legislative Avenue, Dover, Delaware 19901

Office: 302-744-4142 Fax: 302-739-2313
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