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LAWS OF DELAWARE
VOLUME 85
CHAPTER 189
153rd GENERAL ASSEMBLY
FORMERLY
SENATE SUBSTITUTE NO. 1
FOR
SENATE BILL NO. 165
AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO STUDENT IMPROVEMENT COMPONENT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 1270, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1270. The Delaware Performance Appraisal System II.
(i)(1) The Department shall revise the student improvement component of evaluations under this section to ensure an evaluation system that is equitable, flexible, and focused on meaningful student progress. The revised measure of student improvement under this paragraph (i)(1) must take into consideration all of the following:
a. Student absence. If a student has missed more than 15% of the class time, that student’s performance may only be used with the agreement of the educator being evaluated under this chapter.
b. Student mobility.
c. Student chronic noncompliance with school rules.
d. A parent’s chronic failure to abide by the Parents’ Declaration of Responsibilities.
e. Other factors that the Department identifies that may adversely affect an evaluation.
(2) For purposes of this subsection (i), “school” means a school district or charter school.
(3) The Department shall implement a pilot program for the revised student improvement component under paragraph (i)(1) of this section as follows:
a. At least 3 schools for the 2025-2026 academic year.
b. At least 6 additional schools for the 2026-2027 academic year.
c. This pilot program must be conducted with the consent of all of the following:
1. Each participating school.
2. If applicable, the organization representing the participating school’s educators for collective bargaining purposes.
d. This pilot program must include teachers, specialists, and administrators and focus on refining the goal-setting process, ensuring alignment with professional growth and increasing flexibility in student improvement measures.
e. All participants in this pilot program must receive summative evaluations but the student improvement component will not factor into overall ratings for participating educators or schools.
(4) Beginning with the 2027-2028 academic year, the Department shall implement the revised student improvement component under paragraph (i)(1) of this section statewide for all licensed and certified educators.
Approved September 2, 2025