Governor Markell Signs Charter School Bill
Earlier this month, we blogged about a bill relating to charter schools, HB 165, introduced in the Delaware House Education Committee. The bill was subsequently passed by both chambers, and today the bill was into law by Governor Jack Markell.

In a statement from the Governor’s Office:
Governor Markell was quoted, “Changing the status quo is never easy. I appreciate the hard work of the General Assembly to craft a bill that holds our charter schools accountable for their results, while ensuring we support those that improve opportunities for our students. By better preparing our teachers, making the school choice system easier for families to navigate and improving our charter school system, we have made significant strides toward giving all of Delaware’s students the quality education they deserve.”
The law will:
- Raise the bar for starting charter schools with a pre-screening process, applicant interviews, and additional opportunities to receive and use public input regarding the impact of new and expanded charter schools.
- Increase charter flexibility and support, with ten year terms for high-performing charters (while retaining a five-year midpoint review), clear allowance of conduit financing, equalized minor capital funding, and creation of a charter school performance fund for high-performing charters, particularly those looking to expand the number of high-need students they serve.
- Set and enforce consistent expectations for charter schools, with authorizer-charter agreements, required board member training, required provision of breakfast and lunch to eligible students, clear closure protocols and a renewal process aligned to the charter performance framework.
- Ensure orderly closures of failed charters, by requiring all charter schools to maintain enough cash to pay their bills through the end of each academic year and to establish and follow protocols for orderly closure.
Long Awaited Charter School Bill Introduced in the House
In the fall of last year, Governor Jack Markell and former Representative Terry Schooley created a Charter Work Group to review the current charter school law and recommend changes. Members included charter schools, the business community, DSEA, PTA, school districts and boards, legislators, Delaware Department of Education, and the State Board of Education.
There were a number of issues within the existing charter law that the group agreed should be addressed to create an environment for charter schools to thrive. Specifically, the work group focused on the process of how charter schools are authorized, the expectations for charters once authorized, and additional support and funding for charter schools.
Improving the authorization process offers charter school applicants more opportunities to engage in the vetting process with authorizers. This begins by providing applicants a pre-screen process to ensure quality, followed by in-depth applicant interviews. Perhaps most importantly, more opportunities for public input will be built into the process to truly consider impact on communities and students.
The key to success in almost all situations is to have clear expectations and support to succeed. The bill addresses these concerns for all charter schools. Authorizers and charters will enter into agreements based on the charter performance framework which establishes have set standards for achievement and management to maintain their charter. In addition, all board members serving charter schools will be required to have training, and to establish procedures in the event school closure becomes necessary. The renewal process will be tied to how each school meets the rigorous standards set in the Charter Performance Framework.
Finally, one of the significant concerns is support for fledgling and established charter schools. High performing charter schools will be rewarded for the efforts by allowing extended renewal terms. One of the key concerns for both new and existing charter schools is funding. Financial supports will include a timely allocation of district funds and access to the conduit bond financing process. Most significant would be the creation of the Charter School Performance Fund to help finance charter schools with a proven record of success. Priority would be given to schools with high quality plans or those serving high need students.
Delaware has been envied nationally for its ability to bring together stakeholders on tough issues and build consensus. House Bill 165 is a clear example of that quality. The Charter School Work Group managed to create a fair piece of legislation to address accountability and quality in our charter schools while solving tough funding inequities.
This bill will be considered by the House Education Committee June 5, 2013.
Dedicated Citizens Seek School Boards Post
School Board elections in Delaware will take place on Tuesday, May 14th. These elections are crucial as they determine important leaders in education for our state; however, turnout has been historically low compared to other state elections.
On Tuesday, there are a total of 25 races in the First State to fill these important jobs. Of the 25 races occurring on May 14th, only 7 races are uncontested. Multiple races have more than two candidates running for the seat. This is a great show of engagement on our school boards. School board members are not compensated for their service, and the work required during their tenure is plentiful. The extensive number of filed candidates statewide proves that Delawareans are committed to providing a quality public education in our state and that they want to want to be engaged.
New candidates are interested in getting involved, but even more striking is the number of incumbents willing to return to school board service. There is still work to be done, and it’s a show of commitment that 13 individuals are fighting to continue their work for their district and community.
Across the state voters have many excellent options for school board service. Delaware is making progress in improving the quality of education our children receive, and school boards play an important role in leading our school districts. The future of our school boards will be in the hands of the people on Tuesday, May 14, and I hope residents across the state will take the time to participate and cast their vote. Information on the candidates for school boards can be found here.
Education on Upcoming Agenda for State Legislators
On March 14th, Representative Darryl Scott introduced House Bill 46 to encourage the creation of gifted and talented programs in schools statewide through start-up grants. Representative Scott sponsored a resolution to create a Gifted and Talented Student Task Force in June 2012, and this bill is built upon the work of that task force. Currently, the creation of gifted and talented programs is at the discretion of school districts and not all districts choose to participate due to the initial start-up costs. Those programs that exist are not always offered during the regular school day and may not provide after school transportation which may affect a child’s ability to participate. Per the bill, priority for grant funds would be provided to schools offering programming during the existing school day. While crafting programs to target students capable of advanced work is noble, the grant program is reliant upon funds in the state’s budget, and given the state’s financial situation, it could prove to be a difficult task.
The Legislature faces a bleak budget outlook this year, given the $56 million projected shortfall as well as the unknown effects of the federal sequester. Governor Markell responded in January with a proposed budget that continues personal and business tax increases from 2009 which were intended to sunset at the end of this fiscal year. Amidst these pending fiscal concerns, there have been a number of other bills introduced that could potentially affect our schools and would result in significant financial impact.
HB 46, which will be considered by the House Education Committee on Wednesday, is not the only bill seeking allocation of funds for schools. Two bills have been introduced as a response to the tragic school shooting at Sandy Hook Elementary School in Connecticut and seek to improve the security in schools. House Bill 33, sponsored by Representative Joe Miro, would require each public school be equipped with a silent alarm system. The fiscal note is incomplete, but there would undoubtedly be some cost to the state. House Bill 34, sponsored by Representative Danny Short, would create a School Safety and Security Fund to award grants on a competitive basis for schools to make safety upgrades in their facilities. The fund would be established with $5,000,000 and schools would be limited to a maximum award of $50,000.
While there are a number of worthy ideas that would academically challenge students and protect them from harm, the ongoing need to fund existing programs remains. These will be difficult issues for the Joint Finance Committee in the months ahead.