Title 14 Education
600 School Climate and Discipline
603 Compliance with the Gun Free Schools Act
1.0 Written Policy Required
Each school district and charter school requesting assistance under the Elementary and Secondary Education Act (ESEA) shall have a written policy implementing the Gun Free Schools Act [(20 USC 4141) (20 USC 7151)] and 11 Del.C. §1457(j) or its successor statute. At a minimum, the policy must contain the following elements:
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 one year.
1.2 Modification to the expulsion requirement may be made on a case by case basis by the chief school officer. Any modification to the expulsion requirement must be made in writing to the Department.
1.3 The definition of "Firearm" shall be the same as the meaning given to the term in the federal Gun-Free Schools Act.
12 DE Reg. 325 (09/01/08)
2.0 Submission of the Policy to the State Department of Education
Each school district and charter school requesting assistance under the ESEA shall submit the following to the Delaware Department of Education by June 1 each year, in such form as the Department requires:
2.1 An assurance that its policies comply with this regulation and with 11 Del.C. §1457(j) or its successor statute.
2.2 Descriptions of the expulsions imposed under 11 Del.C. §1457(j) or its successor statute and under the policy implemented in accord with this regulation.
3.0 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 (6/1/98)
7 DE Reg. 333 (9/1/03)
4.0 Reporting Requirements and Timelines
4.1 Each public school district and charter school shall have an electronic copy of its policy implementing the Gun-Free Schools Act [(20 USC 4141) (20 USC 7151)] and 11 Del.C. §1457(j) or its successor statute on file with the Department of Education.
4.2 Each public school district and charter school shall provide an electronic copy of any policy implementing the Gun-Free Schools Act [(20 USC 4141) (20 USC 7151)] and 11 Del.C. §1457(j) or its successor statute within ninety (90) days of such revision(s) regardless of whether said revisions were made as a result of changes to Federal, state or local law, regulations, guidance or policies.
12 DE Reg. 325 (09/01/08)
