600 School Climate and Discipline

603 Compliance with the Gun-Free Schools Act

1.0 Content

Pursuant to 14Del.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.

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).

3.0 Written Policy Required

1. 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 with11 Del.C. §1457A or its successor statute. At a minimum, the policy must contain the following elements:

   1. 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.
   2. 3.1.2 Pursuant to 11Del.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.
2. 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.

4.0 Submission of Information to the Department

1. 4.1 Each school district and charter school shall submit the following to the Department:

   1. 4.1.1 An electronic copy of its policy implementing the Gun-Free Schools Act [(20 U.S.C. §7961)] and complying with11 Del.C. §1457A or its successor statute; and
   2. 4.1.2 An electronic copy of any revised policy implementing the Gun-Free Schools Act [(20 U.S.C. §7961)] and complying with11 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

   3. 4.1.3 Description of the circumstances surrounding expulsions imposed under11 Del.C. §1457Aor its successor statute. The description must include all of the following:

      1. 4.1.3.1 The name of the school;
      2. 4.1.3.2 The number of students expelled from the school; and
      3. 4.1.3.3 The type of firearms.

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.

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

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

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

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

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

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

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

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)