Home > Uncategorized > Enrollment Preferences Task Force meeting tonight, 6:30 @Buena Vista

Enrollment Preferences Task Force meeting tonight, 6:30 @Buena Vista

March 24, 2014

The fourth meeting of the Enrollment Preferences Task Force is at 6:30 tonight at Buena Vista. Here is the legislative web site for the task force including all minutes, agendas, and other documents.

I have been delinquent in blogging lately, especially on this Task Force – life gets in the way sometimes. I am not a member of the Task Force but I have attended the first three meetings, and I am going to this one tonight. But first, I owe you a recounting of the previous meeting (Meeting #3).

Back in October, the group identified a number of dubiously intrusive questions that charters, Vo-Techs, and other choice schools were asking on their applications. Co-chair Kim Williams forwarded the list to the Delaware Attorney General’s office asking for some guidelines on whether some of those quesions were lawful. This question was important enough that the next meeting was postponed until an answer came back. Meeting #3 was the big reveal – The DOJ taped two ten-foot poles together, but still didn’t want to touch that one:

In reviewing the list of questions presented, I did not find any current legal requirements that would prohibit the list of questions, tests, or auditions presented.
(full text of report)

But while the DOJ was not willing to take on the charter lobby with this rebort, there is plenty to suggest that there is in fact a problem:

While it may be advisable as the best practice for an RLEA to have a two step process separating admission and enrollment information, it is not legally mandated. Each RLEA has the legal responsibility to ensure that they are complying with state and federal law and in doing so they should review their application process and practices carefully to make sure they are consistent with the law and do not have a chilling effect on the enrollment. (emphasis mine)

Nice punt, to suggest that the schools should determine whether their own questions are consistent with the law. In effect, DOJ is (probably correctly) handing the issue back the to legislature and the task force recommendations, all but inviting them to take action:

If pursued through successful legislation, those recommendations would then become legally binding restrictions.

Most of Meeting #3 was structured in workshop format, with small groups working on ways to separate application info from enrollment info, as suggested by the DOJ. It looks like that is where the group is headed, and tonight it will begin discussions on forming recommendations.

This is a time for public education advocates to stay on their toes and watch for untoward legislation being advanced from sources outside the task force. I remember all too well how HB 165 seemed to come out of the blue after the conclusion of the illegally secretive Governor’s Working Group on Charters. Fortunately, the Enrollment Preferences Task Force is transparent and wide open to the public, thanks to HB 90 sponsor Kim Williams. So get down to Buena Vista tonight and take advantage of the open access.

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  1. Eve Buckley
    March 24, 2014 at 7:55 am

    Great summary of the DOJ memo, Mike.

  2. Eve Buckley
    March 26, 2014 at 10:26 pm

    Mike, note that at this week’s HB 90 mtng., Rep. Williams distributed copies of a letter from DE ACLU’s Rich Morse that added analysis of fed. law to the DE DOJ memo (which was based on state law)–and stated that federal protections for special needs students as well as racial minorities would probably be grounds for a suit if DE charters continue to ask some of those questions on their enrollment forms.

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