14 Del. Admin. Code § 614
DEPARTMENT OF EDUCATION
Office of the Secretary
600 School Climate and Discipline
614 Uniform Definitions for Student Conduct Which May Result in Suspension, Alternative Placement, or Expulsion
Pursuant to14Del.C.§122(b)(26), this regulation provides uniform definitions for student conduct which may result in suspension, alternative placement, or expulsion. This regulation shall apply to all school districts and charter schools. Nothing contained here shall be interpreted to require the suspension, alternative placement, or expulsion of a student, nor shall this regulation be interpreted to restrict the ability of school districts and charter schools to determine which student conduct shall result in suspension, alternative placement, or expulsion.
The following words and terms, when used in this regulation, shall have the following meaning:
"Alternative placement" means the removal of a student from the student's school on a temporary basis and assignment to an alternative program for a duration not to exceed the total number of student days in a school year from the date of approval by the district or charter school level coordinator.
"Charter school" means a charter school board established pursuant to 14Del.C.Ch. 5.
"Commission by a student" means that a student has engaged in behavior equivalent to that which is prohibited by law regardless of whether the student has been criminally convicted of the same.
"Crime" shall have the same definition as provided in14Del.C.§4112.
"Dangerous instrument" shall have the same definition as provided in11Del.C.§222.
"Deadly weapon" shall have the same definition as provided in11Del.C.§222.
"District" means a reorganized school district or vocational technical school district established pursuant to 14Del.C.Ch. 10.
"Drug" means any "controlled substance" or "counterfeit controlled substance" as defined in16Del.C.§4701.
"Drug paraphernalia" shall have the same definition as provided in16Del.C.§4701.
"Expulsion" means the exclusion from the regular school setting for a period determined by the local district board or charter school board.
"Gun Free Schools Violation" means the prohibited bringing to school, or possession while in school, of a firearm by a student.
"Long-term suspension" means disciplinary action approved by the superintendent upon recommendation of the principal or pending a decision by the district or charter school level coordinator regarding an alternative placement, the board of education's decision regarding an expulsion hearing, or other formalized disciplinary action hearing for the student, resulting in the student being removed from the regular school program for 11 consecutive school days or more and not to exceed the total number of school days in a school year.
"School environment" means within or on school property, and at school sponsored or supervised activities, including, for example, on school buses, at functions held on school grounds, at school sponsored extracurricular activities held on and off school grounds, on field trips, and at functions held at the school in the evening.
"School property" means any building, structure, athletic field, sports stadium, or real property that is owned, operated, leased, or rented by any public school district or charter school including any kindergarten, elementary, secondary, vocational-technical school, or charter school, or any motor vehicle owned, operated, leased, rented, or subcontracted by any public school or charter school.
"Short-term suspension" means disciplinary action approved by the principal or school discipline team resulting in the student being removed from the student's regular school program for at least 1/2 school day and not more than 10 consecutive school days.
"Student code of conduct" means the district or charter school approved document which specifies the rights and responsibilities of students, defines conduct that disrupts, threatens, or disrupts and threatens a positive and safe school environment, standardizes procedures for consequences and disciplinary action, and defines due process and grievance procedures.
Attorney General's reports are reports received by school districts and charter schools when a student has engaged in alleged criminal conduct, regardless of jurisdiction, which demonstrates the propensity to show disregard for the health, safety and welfare of others, including serious acts of violence, weapons offenses, and drug offenses. The following words and terms shall be used to understand the student's alleged criminal conduct in Attorney General's reports.
"Assault" means any offense defined by11Del.C.§§611 through 613.
"Criminal Deadly Weapons/Dangerous Instrument Offense, Commission of" means the commission by a student of an offense prohibited by11Del.C.§1442through 1463 inclusive.
"Criminal Drug Offense, Commission of" means the commission by a student of any controlled substances prohibited by Title 16.
"Criminal Sexual Offense, Commission of" means the commission by a student of an offense prohibited by11Del.C.§§763through 780, 783 through 783A, 787, 1100A, 1108 through 1112B, 1335, 1352 through 1353, and 1361.
"Criminal Violent Felony Offense, Commission of" means the commission by a student of any violent felony as specified in11Del.C.§4201.
"Sexual assault" means any unwanted sexual behavior committed by a perpetrator who is a stranger to the victim or by a perpetrator who is known by the victim or related to the victim by blood, marriage, or civil union. Behaviors that fall under this definition include: sexual harassment as defined in §763 of Title 11; sexual contact as defined in §761 of Title 11; Sexual Intercourse as defined in §761 of Title 11; sexual penetration as defined in §761 of Title 11; and child sexual abuse as defined in §901 of Title 10.
"Sexual offense" means any offense defined by11Del.C.§§763through 780, 783 through 783A, 787, 1100A, 1108 through 1112B, 1335, 1352 through 1353, and 1361.
"Theft" means those acts described in11Del.C.§§841through 847 inclusive.
The following definitions shall be used whenever a school district or charter school uses such conduct as a basis for suspension, alternative placement, or expulsion of a student:
"Academic dishonesty" means fraudulent deception in preparing or presenting course work or class assignments as a student's own work when it is not. This includes: (1) copying another student's work, (2) unauthorized use of notes or sharing answers during a test, (3) presenting another person's work as one's own, (4) presenting quotations, words, or ideas without proper references or credit (plagiarism), (5) unauthorized use of AI for completion of student assignments, and (6) collusion, working together to provide or receive answers on an independent assignment or assessment.
"Assault causing physical injury" means students who intentionally engage in an act that causes physical injury or serious physical injury to another person. This includes bruises, lacerations, puncture and stab wounds, dislocations, sprains, or bone fracture. This offense is not used for students under the age of 12, unless the student causes a serious physical injury, which are injuries that create the risk of death or cause disfigurement, impairment of health, or loss or impairment of the function of any bodily organ or limb.
"Attorney General's report" means a report received by the Delaware Department of Justice regarding students in regular school programs who engage in alleged out-of-school criminal conduct, regardless of jurisdiction, which demonstrates the propensity to show disregard for the health, safety, and welfare of others, including, serious acts of violence, weapons offenses, and drug offenses.
"Bullying" means any intentional written, electronic, verbal, or physical act or actions against another student, school volunteer, or school employee that a reasonable person under the circumstances should know will have the effect of: (1) placing a student, school volunteer, or school employee in reasonable fear of substantial harm to a student's, school volunteer's, or school employee's emotional or physical well-being or substantial damage to a student's, school volunteer's, or school employee's property; or (2) creating a hostile, threatening, humiliating, or abusive educational environment due to the pervasiveness or persistence of actions or due to a power differential between the bully and the target; or (3) interfering with a student having a safe school environment that is necessary to facilitate educational performance, opportunities, or benefits; or (4) perpetuating bullying by inciting, soliciting, or coercing an individual or group to demean, dehumanize, embarrass, or cause emotional, psychological, or physical harm to another student, school volunteer, or school employee.
"Careless and reckless behavior" means unintentional behavior that threatens to or causes injury or property damage or intentional behavior that causes or may cause unintentional injury or property damage.
"Consensual sexual misconduct" means consensual sexual acts between students within the school environment. This may require a report to the Delaware Department of Services for Children, Youth and Their Families Division of Family Services.
"Defiance of school authority" means a verbal or non-verbal refusal to comply with a reasonable request from school personnel, or refusal to identify oneself at the request of school personnel, or refusal to comply with disciplinary action that causes either a substantial disruption or material interference with school activities. This does not include a student who walks away to deescalate or manage the student's emotions.
"Destruction of property" means students who damage or deface school property or the personal property of another person. This includes tampering with security, medical, or fire protective equipment.
"Disruptive behavior" means students who intentionally disrupt the school environment by not following expectations or interrupt learning or school activities despite non-verbal and verbal redirection. This can include excessive talking that limits others' ability to learn and behaviors by the student or with other students that are distracting to other persons.
"Distribution of alcohol or drugs" means students who are found to be selling or distributing alcohol, drugs, or other substances in the school environment. This includes inhalants, marijuana (cannabis, edible, liquid, etc.), drug like substances, look alike substances, nonprescription medication, and prescription medications.
"Dress code violation" means failure to comply with the school-level dress code. Dressing in a manner that is unsafe or disrupts the learning environment. This includes clothing that promotes drugs, alcohol, or profanity.
"Exposure" means students who expose the student's genitals, breasts, or buttocks to another person.
"Falsely signing and impersonating" means falsely or fraudulently signing or altering a document or electronic record such as hall pass, early dismissal note, progress report, absence excuse, etc. Forgery shall also include impersonating another student or falsely identifying oneself or others inaccurately via electronic, verbal, or written means.
"Fighting" means students who willingly engage in a one-on-one physical altercation. This is a physical altercation in which none of the participants are identified as victims.
"Harassment" means students who engage in unwelcome verbal, written, electronic, graphic, or physical conduct relating to another person's actual or perceived sex, gender, age, race, color, national origin, sexual orientation, gender identity expression, pregnancy or related conditions, religion, disability, English language proficiency, socioeconomic status, or physical appearance. The behavior must be considered severe, persistent, or pervasive to be considered harassment. The behavior does not have to include intent to harm, be directed at a specific target, or involve repeated incidents.
"Hate speech and conduct" means verbal or electronic communication or actions directed toward a member or members of a protected class of individuals for the explicit purpose of creating alarm, fear, or causing emotional distress.
"Inappropriate language and gestures" means cursing, swearing, or using written or spoken language, gestures, electronic images, photos, or actions, directed towards another person, that are considered sexually explicit, offensive, obscene, or vulgar.
"Inappropriate touch" means students who intentionally engage in physical aggression towards a school employee, volunteer, or another student either with the student's own body or with an object and it does not result in physical injury. This includes pushing, pinching, punching, kicking, slapping, grabbing, scratching, poking with an object, throwing an object at, or spitting on a school employee or volunteer. The behavior does not have to include intent to harm. This offense should be used for students under the age of 12 who caused a physical injury to a school employee, volunteer, or another student that is not classified as serious.
"Instigation" means students incite aggressive or physical conflict between 2 or more students that resulted in a confrontation without directly participating in the confrontation.
"Leaving school grounds without permission" means leaving the school building or the school grounds during school hours without required staff permission.
"Loitering" means student's unauthorized presence in any school area for an extended period of time or student's failure to leave the school grounds at the time designated.
"Misuse of technology" means any use of school technology for unauthorized purposes such as, copying software, inappropriate internet or email usage, unauthorized use of school issued electronic devices, tampering with databases, passwords or configurations, or deletion of files. This also includes the use of school technology equipment in: soliciting, using, or posting on social media; receiving or sending inappropriate images or materials; accessing unauthorized email; the unauthorized downloading or installing of files; or intentionally damaging technology equipment in the school environment.
"Mutual group fight" means students who willingly engage in a physical altercation with multiple willing participants. This is a physical altercation in which none of the participants are identified as victims.
"Other school crime" means any significant incident resulting in disciplinary action not classified previously but required to be reported under the School Crimes Reporting Law (14Del.C.§4112). This may include arson, manslaughter, or violent felonies as defined by11Del.C.§4201.
"Physical restraint - no code violation" means a student was physically restrained by an employee or contractor of a public school district or charter school, private program, or alternative program, but there was no violation of the student code of conduct by the student.
"Possession or production of pornography" means students who possess, share, or produce any known pornographic or obscene material in the school environment. This would include a student who distributes photos or videos of another student who did not consent to getting the student's photos taken or shared, or cannot consent to the photos due to the student's age (under age 12).
"Possession or use of alcohol or drugs" means students who use or are under the influence of alcohol, drugs, or other substances, or who are found to be in possession of alcohol, drugs, other substances, or drug paraphernalia in the school environment. This includes inhalants, marijuana (cannabis, edible, liquid, etc.), drug like substances, and look alike substances.
"Possession or use of dangerous instrument" means students who possess or use any object, device, or instrument in the school environment classified as a dangerous instrument under11Del.C.§222. This includes pellet guns, air guns, tasers, mace, or other dangerous instruments.
"Possession or use of deadly weapons" means students who possess or use any object, device, or instrument in the school environment classified as a deadly weapon under11Del.C.§222. This includes a knife of any sort, switchblade knife, billy, blackjack, bludgeon, metal knuckles, slingshot, or razor. This does not include toys, or ordinary objects including pocket knives with blades less than 3 inches. Firearms and bombs are captured under separate offenses.
"Possession or use of explosive devices" means students who are found to be in possession or use incendiary devices such as fireworks, firecrackers, pipe bombs, or other explosives in the school environment.
"Possession or use of firearms" means students who possess or use any firearm in the school environment. This includes handguns, rifles, shotguns, starter guns, or other firearms identified in11Del.C.§222, whether loaded or not. BB guns are included per11Del.C.§1457and §1457A. This does not include toys, pellet, or air guns; these should be captured under possession or use of dangerous instruments.
"Possession or use of nonprescription or prescription medications" means students who use or are under the influence of nonprescription or prescription medications, or who are found to be in possession of nonprescription or prescription medications in the school environment without proper documentation.
"Possession or use of tobacco or electronic smoking devices" means students who use or possess any tobacco product or any electronic smoking device in the school environment. This includes products containing tobacco, electronic cigarettes, and any vape device.
"Rape" means the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without consent, including when a person is unable to give consent. All persons, regardless of sex, sexual orientation, or gender identity, can be victims of rape.
"Robbery" means students who take or attempt to take anything of value that is owned by another person or organization, under confrontational circumstances by force or threat of force or violence, or by putting the victim in fear. A key difference between robbery and theft is that robbery involves a threat or assault.
"Safety violation" means students who engage in any behavior that is not appropriate for school and has the potential to put the students or others in danger.
"Sexual assault" means any sexual act directed against another person without consent, including when a person is unable to give consent. It includes threatened rape, fondling, indecent liberties, or child molestation. Rape is not included. All persons, regardless of sex, sexual orientation, or gender identity, can be victims of sexual assault. Classification of these incidents should take into consideration the age and developmentally appropriate behavior of the offender.
"Skipping and leaving class" means absence from school or class without authorization or permission or leaving the assigned classroom without permission.
"Tardiness to school and class" means unexcused lateness to school or class without authorization or permission.
"Theft ($1500 or more)" means students who take school property or the personal property of another person.
"Theft (less than $1500)" means students who take, obtain, or intentionally have possession of school property or the personal property of another person.
"Threat of physical attack with weapon" means students who threaten to engage in an act that causes harm and introduces fear in another person, and the threat is made while displaying, brandishing, or discharging a weapon but with no actual physical contact of any person. A threat may or may not be made in person. A threat of physical attack using words that refer to a weapon would be considered a threat without a weapon.
"Threat of physical attack without weapon" means students who threaten to engage in an act that causes harm and introduces fear in another school community member. Threats can be made verbally, in writing, or with gestures and may refer to a weapon that is not present. A threat may or may not be made in person.
"Threatening mass violence" means students who threaten to engage in an act that causes serious physical harm or creates a substantial risk of serious physical harm in the school environment. This includes bomb threats and other threats that are likely to cause an evacuation of a building.
"Unauthorized use of an electronic device" means students who engage in non-educational activities in the school environment, including capturing, distributing, displaying, sharing, or posting of inappropriate images, videos, movies, or music from personal devices. Engaging in social media, texting, playing games, or streaming that disrupts the learning environment.
"Unsafe item" means any item, device, or substance that may be deemed disruptive or is used for a purpose in which it was not intended.