14 DE Admin. Code 603. Compliance with the Gun-Free Schools Act

1.0 Content

Pursuant to 14 Del.C. §122(b)(2), this regulation provides the written policy requirements to implement the Gun-Free Schools Act (20 U.S.C. §7961) and the reporting requirements for Delaware public schools.

27 DE Reg. 968 (06/01/24)

2.0 Definitions

The following words and terms, when used in this regulation, shall have the following meaning:

" Department " means the Delaware Department of Education established pursuant to 14 Del.C. §101.

" Firearm " has the same meaning given such term in the Gun-Free Schools Act (20 U.S.C. §7961(b)(3).

27 DE Reg. 968 (06/01/24)

3.0 Written Policy Required

3.1 Each school district and charter school shall have a written policy implementing the Gun-Free Schools Act [(20 U.S.C. §7961)] and complying with 11 Del.C. §1457A or its successor statute. At a minimum, the policy must contain the following elements:

3.1.1 A student who is determined to have brought a firearm to school, or to have possessed a firearm at school, shall be expelled for not less than 1 school year.

3.1.2 Pursuant to 11 Del.C. §1457A(f), modification to the expulsion requirement may be made on a case by case basis by the local school board or charter school board of directors. Any modification to the expulsion requirement must be reported to the Department.

3.2 A copy of the school district's or charter school's current policy shall be in the school district or charter school's Student Handbook or Code of Conduct.

12 DE Reg. 325 (09/01/08)

23 DE Reg. 368 (11/01/19)

27 DE Reg. 968 (06/01/24)

4.0 Submission of Information to the Department

4.1 Each school district and charter school shall submit the following to the Department:

4.1.1 An electronic copy of its policy implementing the Gun-Free Schools Act [(20 U.S.C. §7961)] and complying with 11 Del.C. §1457A or its successor statute; and

4.1.2 An electronic copy of any revised policy implementing the Gun-Free Schools Act [(20 U.S.C. §7961)] and complying with 11 Del.C

the Department

4.1 Each school district and charter school shall submit the following to the Department:

4.1.1 An electronic copy of its policy implementing the Gun-Free Schools Act [(20 U.S.C. §7961)] and complying with 11 Del.C. §1457A or its successor statute; and

4.1.2 An electronic copy of any revised policy implementing the Gun-Free Schools Act [(20 U.S.C. §7961)] and complying with 11 Del.C. §1457A or its successor statute within 90 days of such revision regardless of whether revisions were made as a result of changes to federal, state or local law, regulations, guidance or policies; and

4.1.3 Description of the circumstances surrounding expulsions imposed under 11 Del.C. §1457A or its successor statute. The description must include all of the following:

4.1.3.1 The name of the school;

4.1.3.2 The number of students expelled from the school; and

4.1.3.3 The type of firearms.

23 DE Reg. 368 (11/01/19)

27 DE Reg. 968 (06/01/24)

5.0 Individuals with Disabilities Act

Nothing in this regulation shall alter a district or charter school's duties pursuant to the Individuals with Disabilities Education Act.

1 DE Reg. 1976 (06/01/98)

7 DE Reg. 333 (09/01/03)

12 DE Reg. 325 (09/01/08)

23 DE Reg. 368 (11/01/19)

27 DE Reg. 968 (06/01/24)