DEPARTMENT OF EDUCATION

Office of the Secretary

FINAL

REGULATORY IMPLEMENTING ORDER

603 Compliance with the Gun Free Schools Act

I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED

Pursuant to 11 Del.C. §1457(j), the Secretary of Education intends to amend 14 DE Admin. Code 603 Compliance with the Gun-Free Schools Act. This amendment is needed to update the statutory reference, make minor clarifications and comply with 29 Del.C. §10407 which requires regulations to be reviewed on a recurring basis every four years.

Notice of the proposed regulation was published in the News Journal and Delaware State News on September 1, 2019, in the form hereto attached as Exhibit “A”. Comments were received from the State Council for Persons with Disabilities (SCPD) endorsing the proposed amended regulation; however, the Council did ask the Department how it will ensure compliance with the federal requirement to collect assurances from the necessary school districts and charter schools.  The Department electronically collects codes of conduct from the local education agencies, which include compliance with the Gun-Free Schools Act. Additionally, each LEA is required to follow mandatory reporting that includes reports under the Gun-Free Schools Act. LEAs are audited periodically for mandatory reporting.

II. FINDINGS OF FACTS

The Secretary finds that it is appropriate to amend 14 DE Admin. Code 603 Compliance with the Gun-Free Schools Act in order to update the statutory reference(s), make minor clarifications and comply with 29 Del.C. §10407 which requires regulations to be reviewed every four years.

III. DECISION TO AMEND THE REGULATION

For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 603 Compliance with the Gun-Free Schools Act. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 603 Compliance with the Gun-Free Schools Act attached hereto as Exhibit “B” is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 603 Compliance with the Gun-Free Schools Act hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.

IV. TEXT AND CITATION

The text of 14 DE Admin. Code 603 Compliance with the Gun-Free Schools Act amended hereby shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 603 Compliance with the Gun-Free Schools Act in the Administrative Code of Regulations for the Department of Education.

V. EFFECTIVE DATE OF ORDER

The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on October 15, 2019. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.

IT IS SO ORDERED the 15th day of October 2019.

Department of Education

Susan S. Bunting, Ed.D., Secretary of Education

Approved this 15th day of October 2019

603 Compliance with the Gun Free Gun-Free Schools Act

1.1 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 Gun-Free Schools Act [(20 USC 4141) (20 USC 7151) (20 U.S.C. §7961)] and complying with 11 Del.C. §1457(j) or its successor statute. At a minimum, the policy must contain the following elements:

1.11.1.1 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.

1.21.1.2 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.

1.31.1.3 The definition of "Firearm" shall be the same as the meaning given to the term in the federal Gun-Free Schools Act.

2.1 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 annually, in such form as the Department requires:

2.12.1.1 An assurance that its policies comply with this regulation and An electronic copy of its policy implementing the Gun-Free Schools Act [(20 U.S.C. §7961)] and complying with 11 Del.C. §1457(j) or its successor statute. statute; and

2.1.2 An electronic copy of any revised policy implementing the Gun-Free Schools Act [(20 U.S.C. §7961)] and complying with 11 Del.C. §1457(j) or its successor statute under the policy implemented in accord with this regulation within ninety (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

2.22.1.3 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.

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

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.