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SPONSOR: Rep. Miro & Rep. Spiegelman & Rep. Briggs King &
Rep. Ramone & Rep. Hensley & Rep. D. Short & Rep.
Hudson

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HOUSE OF REPRESENTATIVES
148th GENERAL ASSEMBLY
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HOUSE RESOLUTION NO. 22
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A RESOLUTION REQUIRING THE DELAWARE SECRETARY OF EDUCATION TO PROPOSE OPTIONS FOR

STATE ASSESSMENT OPT-OUT PROCEDURES AND TO PREVENT PENALIZING SCHOOLS FOR PARENTS'
DECISION TO OPT OUT.
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WHEREAS, some parents in Delaware have decided to opt their children out of statewide education assessments;
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WHEREAS, schools and districts within the State have adopted a number of widely variant approaches as it

10pertains to giving parents the right to opt out, along with the required procedure; and
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WHEREAS, schools and districts may have disparate participation in the statewide assessment that makes it

12difficult to compare and assess the accountability and improvements of each school or district; and
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WHEREAS, the General Assembly has deemed it appropriate for all school districts to utilize the same notification

14process, reporting requirement, and opt-out procedure;

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NOW, THEREFORE:

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BE IT RESOLVED by the House of Representatives of the 148th General Assembly of the State of Delaware that

17on or before May 1, 2016 the Secretary of the Department of Education shall provide options to the General Assembly to
18consider for each of the following:
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1. A uniform process for all districts and schools in this State to provide notice to parents of the right to

20opt their children out of statewide assessments;

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2. A uniform procedure for the parents of children among all districts and schools in this State to opt out

22of statewide assessments.

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BE IT FURTHER RESOLVED that no person, agency, school, or district shall take any action or adopt

24any regulation that would impose an academic or disciplinary repercussion on any student as a result of a decision to opt25out of taking a statewide assessment.
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HR : JWA : AFJ
0801480370

Released: 01/14/2016 03:24 PM

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SYNOPSIS

This Resolution will require the Delaware Secretary of Education to propose options for the General Assembly to
consider for adoption as Delaware law as it pertains to the decision by parents to opt their children out of statewide
assessments. The Secretary shall provide options for implementation of a uniform procedure and process by which all
schools and school districts within this State notify parents of their right to opt out, along with a standard procedure to
accomplish the same.
This joint resolution also prohibits the Department and schools from penalizing any student deciding to opt out.
It is intended that such prohibition be incorporated within any legislation adopting a procedure offered by the Secretary.
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