Department of Education
Office of the Secretary
600 School Climate and Discipline
Purpose
Pursuant to 14 Del.C. §122(b)(26) , this regulation, which applies to all public school districts and charter schools, provides uniform procedures for suspensions, alternative placements, and expulsions.
29 DE Reg. 861 (04/01/26)
Definitions
The following words and terms, when used in this regulation, shall have the following meaning:
" Administration " means administrative staff from a district, school, or charter school.
" 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.
" Alternative placement packet " means the documents submitted to the Alternative Placement Team including a student's academic information, behavioral information including reason for referral to alternative placement, attendance information, Individualized Education Program (IEP), 504 plan, and immunization records.
" Alternative Placement Team " or " APT " means a team composed of the building principal, or assistant principal, the student’s parent, and the school counselor or school social worker.
" Alternative program " means a school discipline improvement program that provides appropriate educational services and that has been created for students whose behavior is within the defined conduct under 14 DE Admin. Code 614 . Alternative programs include any programs managed by a district or charter school, including supportive instruction as defined in 14 DE Admin. Code 930 , or the Consortium Discipline Alternative Program.
" Appropriate educational services " means instruction and assessment provided by the district or charter school and includes access to instructional materials, graded homework and communication with educators so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting a level of proficiency in that curriculum.
" APT Meeting " means a meeting held by the district or charter school’s APT to determine the appropriate educational setting for a student whose behavior is within the defined conduct under 14 DE Admin. Code 614 and who has been recommended for placement at an alternative program.
" Attorney General's report " means the Department of Justice's report of 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.
" Board of education " means the board of education of a school district or the board of directors of a charter school.
" Building level conference " means a meeting between the principal or assistant principal, other school staff members as determined by the principal, a student and a student's parent to discuss the student's misconduct relative to a recommendation for long-term suspension, alternative placement, or expulsion.
" Charter school " means a charter school board established pursuant to 14 Del.C. Ch. 5 .
" Consortium Discipline Alternative Program " or " CDAP " means a school discipline improvement program which serves an organized consortium of school districts, charter schools, or both as provided for in 14 Del.C. Ch. 16 .
" Disciplinary action " means the student is identified for short-term suspension, long-term suspension, expulsion, or alternative placement and may be excluded from all school activities, including extracurricular sports and programs, field trips, and ceremonies. The student is not allowed on school property unless placed in an alternative placement on school property or approved by the district or charter school.
" Discipline record " means all information about the disciplinary action taken against a specific student as a result of any infraction of the district or charter school’s student code of conduct or other rules.
" District " means a school district or vocational technical school district established pursuant to 14 Del.C. Ch. 10 .
" District or charter school level coordinator " means the administrative staff member who serves as the district or charter school representative for long-term suspension, alternative placement, and expulsion.
" Expulsion " means disciplinary action approved by the board of education resulting in a student being removed from the regular school program for a duration not to exceed the total number of student days in a school year from the date of approval by the board.
" Grievance " means a formal complaint, filed per specific district or charter school procedures, to school administration regarding a student's rights or liberty interests having been denied or impaired.
" Hearing officer " means an official appointed by the district or charter school to conduct a hearing for a student recommended for disciplinary action which requires a formal hearing. The hearing officer may be an employee of the district or charter school but shall not have been involved in any review of the student incident at the building or district level.
" Intake meeting " means the meeting at an alternative program site that is held before the student transitions to the alternative placement. At this meeting the program's rules and expectations are reviewed, paperwork that requires student's and parent's signatures is completed, and the district or charter school's individualized goals and expectations for the student are reviewed.
"Long-term suspension" means disciplinary action approved by the district or charter school level coordinator 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.
" Parent " means a biological or adoptive parent of a child; a guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State); an individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives and for whom a Relative Caregiver's School Authorization executed in compliance with 14 Del.C. §202(f)(1) is on file; an individual or entity who is otherwise legally responsible for the child's welfare; a surrogate parent who has been appointed in accordance with 14 DE Admin. Code 926 , Section 19.0; or a student who has reached the age of majority as defined in 1 Del.C. §701 .
" Principal " means the building principal, or the equivalent of the building principal, of any district or charter school, or the principal's designee, including a member of the school discipline team.
" Regular school program " means student enrollment in a public school, not including specially assigned non-special education or student behavioral intervention programs within or outside the enrolled school, in which the student's classroom or course placement is based primarily on age, grade level, and cognitive abilities as assigned by the school administration or an IEP team and the student's participation in daily course instruction and activities within the assigned classroom or course.
" School-based intervention program " means a district or charter school program that serves students whose behavior disrupts the classroom setting and creates distractions that impede the learning process, but who are not eligible for placement in an alternative program as described in 14 DE Admin. Code 611 . The program design includes the student's regular curriculum, as well as character education, social skills development, conflict resolution, access to counseling services and behavior modification strategies.
" School discipline team " means a school level team consisting of school personnel who approve disciplinary actions for students, including deans, assistant principals and other school staff assigned to discipline positions.
" School environment " means within or on school property, and at school sponsored or supervised activities, including, for example, on school grounds, 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, or 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 ½ 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.
" Superintendent " means the chief school officer of any public school district or charter school, or the equivalent of a superintendent, or the superintendent's designee.
" Transition meeting " means a meeting to discuss the student's return to the regular school program prior to the student’s exit from an alternative placement or a facility operated by the Department of Services for Children, Youth and Their Families (DSCYF).
" Violent Felony " means a crime designated in 11 Del.C. §4201(c) .
22 DE Reg. 583 (01/01/19)
29 DE Reg. 861 (04/01/26)
Preliminary Discipline Investigation & Reporting Requirements
Investigatory Procedures & Timeline
In any instance when student disciplinary action may result in suspension, alternative placement, or expulsion, the principal shall conduct a preliminary investigation to determine if there is reasonable basis to pursue disciplinary action.
The investigation shall be completed within 3 school days of the date the incident in question was reported.
The principal shall protect any physical evidence, whether related to the victim, suspect, or scene, which could be lost or destroyed prior to law enforcement's arrival. Any evidence, such as weapons or electronic devices, shall be placed in a sealed envelope and secured in the school safe until law enforcement arrives.
When obtaining written statements from witnesses, reasonable efforts may be made to notify the parent of each witness under 18.
The principal may remove the allegedly offending student from the general student population while conducting the preliminary investigation if the student's presence in the school environment poses a threat to the health, safety, or welfare of persons or property within the school environment. As soon as practicable thereafter, the procedures set forth in subsections 4.1.1.1 through 4.1.1.3 of this regulation related to due process shall be met.
If the investigation reveals that there is reliable information that would lead a reasonable person to believe that a mandatorily reportable crime under 14 Del.C. §4112 has been committed, the principal shall immediately notify the appropriate law enforcement agency of the incident.
All reports to the appropriate law enforcement agency must be made immediately by telephone or in person and shall be followed by a written report of the investigation within 3 business days.
A report to the appropriate law enforcement agency is not required for misdemeanor offenses that have allegedly been committed by students under the age of 12. The appropriate police agency must only be notified for students under the age of 12 when the alleged offense is a violent felony.
Under 14 Del.C. §4112(b)(1)a , a report is required when a school employee has reliable information that would lead a reasonable person to believe a student, school volunteer, or school employee has been the victim of a violent felony, assault III, or unlawful sexual contact III that occurred on school property or at a school function and the victim is a student, school volunteer, or school employee.
Under 14 Del.C. §4112(b)(1)b , a report is required when a school employee has reliable information that would lead a reasonable person to believe a student has been the victim of a violent felony, assault III, or any sexual offense, as defined in 11 Del.C. §761(i) .
Under 14 Del.C. §4112(b)(6) , a report is required when a misdemeanor offense listed in 14 Del.C. §4112(b) has allegedly been committed by a child.
Under 14 Del.C. §4112(b)(7) , a report is required when a school employee has reliable information that would lead a reasonable person to believe that a student has been the victim of sexual harassment, as defined in Title 11 of the Delaware Code, which occurred on school property or at a school function.
Under 14 Del.C. §4112(c) , a report is required when a school employee has reliable information that would lead a reasonable person to believe that a person on school property or at a school function has on the person’s person, concealed in that person’s possessions, or placed elsewhere on school property either any controlled substance prohibited by Title 16 or any deadly weapon, destructive weapon, dangerous instrument, or incendiary or explosive device as prohibited by Title 11.
The principal is not required to submit a report of an incident to the Department unless the report is required under 14 Del.C. §4112(b)(4), (b)(6), (b)(7) or (c)) and 14 DE Admin. Code 601 .
In accordance with 14 Del.C. §4112(b)(2) , the principal must immediately make reasonable efforts to notify the parents of any juvenile victim, via an electronic means, such as by phone or email of the offenses in subsections 3.2.2.1 through 3.2.2.4 of this regulation and must send written notification of the incident to the parents within 3 business days unless the parent is alleged to be the offender.
29 DE Reg. 861 (04/01/26)
Initial Due Process After the Preliminary Investigation
After the Preliminary Investigation is completed, a student shall be afforded initial due process rights for discipline procedures which may result in the removal of the student for ½ day or more from the regular school program due to a violation of the student code of conduct.
Prior to any removal of ½ day or more from the regular school program due to a violation of the student code of conduct, the requirements in subsections 4.1.1.1 through 4.1.1.3 of this regulation shall be met.
The principal shall notify the student and the parent, if the student is under 18, via an electronic means, such as by phone or email, of the allegation or allegations against the student, and the student code of conduct rule or rules violated.
The student, and the parent, if the student is under 18, shall be given an explanation of the evidence supporting the allegation or allegations, as soon as practicable, but no later than 3 business days from notification by the principal.
The student shall be given an opportunity to present the student’s side of the story to the principal, including any evidence.
The student and the parent, if the student is under 18, shall be provided with information regarding the grievance process.
Regardless of subsection 4.1, a student whose presence in the school environment poses a threat to the health, safety, or welfare to persons or property within the school environment, as determined by the principal, may be immediately removed from school provided that, as soon as practicable thereafter, the procedures set forth in subsections 4.1.1.1 through 4.1.1.3 of this regulation shall be met.
29 DE Reg. 861 (04/01/26)
Suspensions
Reasons for imposing suspension and suspension types
Short-term suspension
The principal in accordance with the rules of the district or charter school, shall have the right to impose a short-term suspension on any student in the school who has violated the student code of conduct.
The duration of the short-term suspension shall not be more than 10 consecutive school days for any single conduct violation or combination of violations which occurred during a single disciplinary incident. A short-term suspension may be an in-school or out-of-school suspension.
The student shall maintain enrollment in the district or charter school, but shall be excluded from all school activities, including extracurricular sports and programs, field trips, and ceremonies, during the suspension.
The student shall not be present on school property when the short-term suspension is out-of-school.
The district or charter school level coordinator, in accordance with the rules of the district or charter school, shall have the right to temporarily extend a student's short-term suspension beyond the 10 school day limit pending an APT decision or the board of education’s decision regarding an expulsion hearing or other formalized disciplinary action hearing for the student.
A student whose short-term suspension has been temporarily extended beyond 10 consecutive school days shall receive appropriate educational services beginning on the first day of the extension. Appropriate educational services shall continue until the APT’s decision has been rendered or the board of education’s decision regarding the student's expulsion hearing or other formalized disciplinary action hearing has concluded.
A district or charter school may provide appropriate educational services during a short-term suspension prior to the extension.
Long-term Suspension
The district or charter school level coordinator, in accordance with the rules of the district or charter school, shall have the right to impose a long-term suspension on any student in the school who has violated the student code of conduct 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.
For all referrals for long-term suspension for a student, the principal shall hold a building level conference with the student, the parent, and other school staff members as determined by the principal.
The principal shall explain to the parent and the student the purpose of the meeting is to inform them:
Of the referral for long-term suspension;
That the student may be suspended pending the outcome of the district or charter school’s APT meeting, expulsion hearing, or other formalized disciplinary action hearing; and
Of the procedures that will take place as follow-up to the referral for long-term suspension.
The conference may be held in person or through an electronic means of communication.
The principal shall have at least 1 other person present to take notes during the conference or shall have the conference recorded.
The duration of the long-term suspension shall not exceed the number of school days in a school year for any single conduct violation or combination of violations which occurred during a single disciplinary incident. A long-term suspension may be an in-school or out-of-school suspension.
The student shall maintain enrollment in the district or charter school and be provided appropriate educational services during the term of the suspension.
The student shall be excluded from all school activities, including extra-curricular sports and programs, field trips, and ceremonies during the suspension unless otherwise approved by the district or charter school.
The student shall not be present on school property when the long-term suspension is out-of-school unless otherwise approved by the district or charter school.
Prior to any short-term or long-term suspension from school, the preliminary investigation and reporting procedures outlined in Section 3.0 shall be followed.
Prior to any short-term or long-term suspension from school, the initial due process procedures outlined in subsection 4.1 of this regulation shall be followed unless temporarily delayed as allowed in subsection 4.2 of this regulation.
When a student receives a suspension from school (in or out-of-school), reasonable attempts to provide verbal notification to the student and parent, if the student is under 18, shall be made by the principal prior to the suspension being served. Written notification of the suspension and information regarding the district or charter school’s grievance process shall be given or sent to the student and parent, if the student is under 18, as soon as practicable, but no later than 3 business days from day 1 of the suspension. The notification shall state the cause and duration of the suspension.
Except for suspensions of 2 days or less, the student may file a grievance of the suspension in accordance with the district or charter school’s grievance process.
Prior to the student's return from an out-of-school suspension of 3 school days or more, the principal shall hold an in-person or phone conference with the student and parent, if the student is under 18. A definite time, date, and place for the conference shall be designated by the principal. The principal may waive this conference requirement as provided in the student code of conduct.
The suspension shall be reported to the Department through the student information system within 5 business days of the incident.
29 DE Reg. 861 (04/01/26)
Alternative Placement
Reasons for Referral to Alternative Placement
A principal may refer a student for alternative placement for any severe disciplinary violation for which alternative placement may be a consequence as specified in the student code of conduct and the student's behavior is within the defined conduct under 14 DE Admin. Code 614 .
A principal may refer a student for alternative placement for any offense listed in 14 Del.C. §4112 . Regardless of other requirements in this Section, any student who is expelled or suspended pending expulsion for behavior equivalent to a violation of 1 or more of the offenses in subsections 6.1.2.1 through 6.1.2.14 of this regulation shall not be placed onsite at a Consortium Discipline Alternative Program site. Virtual services may be provided if deemed necessary by the district or charter school.
11 Del.C. §613 Assault in the first degree (Class B Felony).
11 Del.C. §1457 Possession of a weapon in a Safe Recreation Zone (Class E Felony).
11 Del.C. §1457A Possession of a firearm in a Safe School Zone (Class D, E, or F Felony; Class A or B Misdemeanor).
11 Del.C. §802 Arson in the second degree (Class D Felony).
11 Del.C. §803 Arson in the first degree (Class C Felony).
11 Del.C. §770 Rape in the fourth degree (Class C Felony).
11 Del.C. §771 Rape in the third degree (Class B Felony).
11 Del.C. §772 Rape in the second degree (Class B Felony).
11 Del.C. §773 Rape in the first degree (Class A Felony).
16 Del.C. §4752 Drug dealing or possession (Class B Felony).
16 Del.C. §4752B Drug dealing – Resulting in death (Class B Felony).
16 Del.C. §4753 Drug dealing or possession (Class C or E Felony).
16 Del.C. §4754 Drug dealing (Class D Felony).
Any behavior equivalent to or great than the offenses in subsections 6.1.2.1 through 6.1.2.13 of this regulation.
A principal may refer a student for alternative placement in conjunction with an Attorney General's report or court disposition that indicates that the student has been charged with a violent felony, is a threat to the health, safety, and welfare of others within the school environment, or both. Regardless of other requirements in this subsection, any student who is expelled or suspended pending expulsion for behavior equivalent to a violation of 1 or more of the offenses in subsections 6.1.2.1 through 6.1.2.14 of this regulation shall not be placed onsite at a CDAP site.
A principal may refer a student for alternative placement in conjunction with chronic and repetitive classroom or school environment disruptions which result in a violation of the student code of conduct after all school-based best practice interventions have been put into place for the student. This may include referral to a school-based problem-solving team ( 14 DE Admin. Code 508 ), counseling services, the development and implementation of a behavior support or modification plan, mentoring, referral to mediation, and participation in an available school-based intervention program.
In addition to the criteria in subsections 6.1.1 through 6.1.5 of this regulation, referral of a student to a CDAP site shall be as provided in subsections 6.1.5.1 and 6.1.5.2.
A referral to a State-funded Consortium Discipline Alternative Program shall meet the criteria set forth in 14 DE Admin. Code 611 .
A referral of a charter school student to a Consortium Discipline Alternative Program shall comply with the provisions of 14 Del.C. §504A(8) .
Alternative Placement Procedures
The principal shall conduct a preliminary investigation pursuant to Section 3.0 of this regulation to determine if there is reasonable basis to pursue disciplinary action.
If the preliminary investigation verifies that disciplinary action may be warranted, the initial due process procedures outlined in Section 4.0 of this regulation shall be followed.
The principal, in collaboration with the district or charter school level coordinator, shall decide whether to refer the student to the APT. Districts or charter schools may opt to have the school-based problem-solving team ( 14 DE Admin. Code 508 ) meet to discuss the incident and make a recommendation to the principal whether to refer the student to the APT.
The principal shall follow the procedures outlined in 14 DE Admin. Code 926 , Section 30.0 for a student with a disability who violates the student code of conduct and a change in placement is recommended that will exceed 10 consecutive school days. The student’s IEP team will determine the placement.
The principal shall combine the transition meeting outlined in subsection 6.5 and APT meeting for students exiting from a facility operated by the DSCYF, following the procedures and guidelines outlined in the Memorandum of Understanding among the Delaware Department of Education, Local Education Agencies, and DSCYF, which addresses the educational transitions of youth into secure care facilities and their re-entry into home schools.
If the principal decides not to refer the student to the APT, the principal, in collaboration with the school-based problem-solving team ( 14 DE Admin. Code 508 ), shall determine school-based interventions for the student and notify the student and, if the student is under 18, the parent.
If the principal decides to refer the student to the APT, the student shall be given a long-term suspension pending the APT decision and the procedures outlined in subsections 5.1.2.1.1.1 through 5.1.2.1.1.3 of this regulation regarding the building level conference shall be followed.
Prior to the suspension being served, notification to the student and parent, if the student is under 18, shall occur pursuant to subsection 5.4 of this regulation.
The written notification outlined in subsection 5.4 of this regulation must also include information regarding the referral to the APT.
The principal shall compile the student’s alternative placement packet for the APT. The alternative placement packet shall include the student's academic information, behavioral information, attendance information, Individualized Education Program (IEP), 504 plan, and the violation of the student code of conduct that may result in the student being assigned to an alternative placement. The alternative placement packet may also include other relevant information.
An alternative placement meeting shall take place to determine if an alternative placement is appropriate for the student.
The student and parent, if the student is under 18, shall receive notification of the district or charter school’s alternative placement meeting. The notification shall be provided via an electronic means, such as by phone or email, and in writing by U.S. regular and certified mail at least 5 business days before the meeting is scheduled to occur.
The student and parent, if the student is under 18, may sign a waiver acknowledging that they have a right to receive written notice no less than 5 business days before the meeting occurs, but are waiving that right in order to schedule a meeting on a date and time that is mutually agreed upon by the district or charter school and student and parent, if the student is under 18.
Other individuals may be invited as determined by the APT, including a representative from the DSCYF with knowledge of the student and family's need.
The APT shall convene a meeting, review the student’s alternative placement packet, and make a recommendation to the district or charter school level coordinator whether to assign the student to an alternative placement.
The district or charter school level coordinator shall preside over the meeting and determine whether to assign the student to an alternative placement.
The APT may hold a meeting without the student, the student’s parent, or both in attendance if:
The student poses a threat to the health, safety, or welfare of others and the district or charter school has provided the required notice of the meeting to the parent and student; and
Notification was provided under subsection 6.2.6.1 of this regulation.
If the student, parent, or both did not attend the APT meeting, the student and parent, if the student is under 18, shall be informed verbally of the APT’s recommendation within 1 business day of the meeting.
The district or charter school level coordinator shall consider the APT’s recommendation and disciplinary action.
If the district or charter school level coordinator decides not to assign the student to an alternative placement, the principal, in collaboration with the school-based problem-solving team ( 14 DE Admin. Code 508 ), shall determine school-based interventions for the student and notify the student and, if the student is under 18, the parent. Reasonable attempts should be made to seek input from the student, and parent, if the student is under 18, about the interventions.
When the district or charter school level coordinator decides to assign the student to an alternative program, the following procedures shall occur:
The district or charter school level coordinator shall determine the student’s alternative placement after receiving input from the APT.
The district or charter school level coordinator shall send written notice within 3 business days to the student and parent, if the student is under 18, describing the circumstances which led to the placement, identifying the alternative program to which the student is being assigned, information regarding the grievance process, and the conditions which must be met in order for the student to return to the regular school program. A charter school shall verify that the alternative placement referral meets the conditions set forth in 14 Del.C. §504A(8) . Under 14 Del.C. §504A(8) , a charter school may refer a student to an alternative program subject to the conditions in subsections 6.3.2.2.1 through 6.3.2.2.3 of this regulation.
A student may only be referred to a program which serves that student’s district of residence and only if there is space available in such program to serve the student.
The student otherwise meets eligibility criteria for students who may be enrolled in such program.
The student’s district of residence and the charter school in which the student is enrolled agree to a proration of student funding between or among the charter school and the school district in which the student resides, in which case the district of residence shall become liable for any cost associated with the placement of the student in the alternative program.
The principal shall contact the selected alternative program to set up a date and time for an intake meeting. The student and parent, if the student is under 18, a member of the school discipline team, the alternative program administrator, and other alternative program staff as determined by the alternative program administrator shall be present at the intake meeting.
A student assigned to alternative placement must be registered in a district or charter school before the intake meeting is held.
The district or charter school shall maintain the student’s enrollment status in the Delaware Student Identification System (DELSIS) and the student information system. A student placed in an alternative placement shall have both an "active" and "service" status designation in DELSIS.
A student who withdraws from the district or charter school and transfers to another district or charter school prior to the alternative school placement must serve the disciplinary action that was recommended. The original district or charter school will send the alternative placement packet to the new district or charter school as part of the student’s educational record. An Attorney General’s report must be separately requested from the Delaware Criminal Justice Information System.
The alternative placement shall be reported to the Department through the student information system within 5 business days of the district or charter school level coordinator’s decision.
During the intake meeting, the principal shall communicate the district or charter school's individualized goals and expectations for the student. The individualized goals, services, and expectations shall be recorded on the student’s intake form. The intake form is the checklist used to help ensure the inclusion of behavioral, academic, and other necessary information to facilitate the placement of a student at an alternative program.The intake form shall be signed by all of the attendees at the intake meeting, copied, and distributed to the student, the student’s parent, if the student is under 18, and shall become part of the student's educational record as defined by 14 DE Admin. Code 252 .
After a student is in alternative placement, reviews shall be conducted at least each marking period if the student is at the elementary or middle school level or each semester if the student is at the secondary level.
For the purpose of this regulation, a review means a formal meeting that takes place at the alternative program with the district or charter school level coordinator, a member of the school discipline team, the alternative program administrator, and other staff as determined by the alternative program administrator to determine to what degree the student is progressing toward the student’s goals and expectations.
The student and parent, if the student is under 18, may be invited to attend the review.
The review shall include an examination of attendance, grades, and discipline records and whether the student is meeting the goals and expectations.
The review shall also include recommendations for continued progress in the alternative program or return to the regular school program.
The student and parent, if the student is under 18, shall be notified via an electronic means, such as by phone or email, of the recommendations.
When a review results in a recommendation for return to the regular school setting, a transition meeting at the student's regular school shall be held to discuss the student’s return to the regular school program prior to the student’s return.
The meeting shall take place at the district or charter school in which the student is enrolled. The meeting may be held in person or through an electronic means of communication.
The meeting participants shall include the alternative program representative, the student, the parent, if the student is under 18, the principal, a teacher, a school counselor, and a student advisor, if assigned. Other individuals may be invited as determined by the district or charter school level coordinator. The district or charter school level coordinator shall have at least 1 other person present to take notes during the meeting or shall have the meeting recorded.
The principal shall explain to the student and the parent, if the student is under 18, the purpose of the meeting is to:
Inform them of the recommendation for return to the regular school setting;
Review the violation of the student code of conduct that resulted in the student being assigned to an alternative placement;
Discuss the district or charter school’s expectations under the student code of conduct; and
Develop the terms of the student’s return.
The meeting shall result in a document setting forth the terms of the student’s return. A copy of the document shall be provided to the student or the parent, if the student is under 18.
29 DE Reg. 861 (04/01/26)
Expulsion
Expulsion Procedures
The principal shall conduct a preliminary investigation pursuant to Section 3.0 of this regulation to determine if there is reasonable basis to pursue disciplinary action.
If the investigation verifies that disciplinary action may be warranted, the initial due process procedures outlined in Section 4.0 of this regulation shall be followed. The superintendent shall not be a participant in the investigation.
The principal, in collaboration with the district or charter school level coordinator, shall decide whether to recommend the student for expulsion.
If the principal decides to refer the student for expulsion, the student shall be given a long-term suspension pending a decision by the board of education regarding an expulsion hearing and the procedures outlined in subsections 5.1.2.1.1.1 through 5.1.2.1.1.3 of this regulation regarding the building level conference shall be followed.
Prior to the suspension being served, notification to the student and parent, if the student is under 18, shall occur pursuant to subsection 5.4.
The written notification outlined in subsection 5.4 must also include information regarding the recommendation for expulsion.
All documentation related to the recommendation for expulsion shall be delivered to the superintendent within 2 business days of the building level conference or 7 business days of the incident, whichever is sooner.
Upon receipt of a recommendation for expulsion, the superintendent shall determine whether to accept the recommendation for expulsion or recommend a referral to alternative placement.
If the superintendent accepts the recommendation for expulsion, the requirements in subsections 7.3.1 through 7.3.4 of this regulation shall be followed.
The hearing shall be held not less than 7 business days or more than 20 business days after receipt of the written notice in subsection 7.3.2 of this regulation. The time period for holding the hearing may be waived by agreement of the district or charter school and the student and the student’s parent, if the student is under 18.
The superintendent shall send written notice within 10 business days of the incident describing the circumstances which led to the recommendation for expulsion and providing the date, time, and location of the hearing. The student and parent, if the student is under 18, shall also be given a list of witnesses who may appear and copies of documents and other evidence that may be submitted at the hearing.
The district or charter school shall receive written parent permission for any witness who is under 18 years old.
The hearing shall be conducted by a school board of education or hearing officer.
Expulsion Hearing
The district or charter school has the burden of proof. The hearing will proceed with the district or charter school first presenting its evidence and case followed by the response of the student, if any. If the superintendent presents the case on the district or charter school’s behalf, the superintendent shall not be a witness who testifies for the district or charter school.
The board of education or hearing officer may permit the parties to present opening and closing statements.
The board of education or hearing officer may take testimony, hear proof, and receive exhibits into evidence at a hearing.
Strict rules of evidence shall not apply. Evidence having probative value commonly accepted by reasonably prudent people in the conduct of their affairs may be admitted into evidence.
The board of education or hearing officer may exclude plainly irrelevant, immaterial, insubstantial, cumulative, and privileged evidence and limit unduly repetitive proof, rebuttal, and cross-examination in accordance with 29 Del.C. §10125(b) .
Objections to the admission of evidence shall be brief and shall state the grounds for the objection.
Testimony shall be under oath or affirmation. The board of education or hearing officer may administer oaths to witnesses.
Any person who testifies as a witness shall also be subject to questions by the board of education or hearing officer.
Witnesses may be sequestered upon a party's request.
Any document introduced into evidence at the hearing shall be marked by the board of education or hearing officer and shall be made a part of the record of the hearing.
The party offering the document into evidence shall provide a copy of the document to the other party, board of education, or hearing officer.
The hearing shall be recorded in a manner that will permit transcription.
The student shall have the following rights:
To be represented by legal counsel at the student's expense;
To cross-examine witnesses;
To testify and produce witnesses on the student's behalf; and
To obtain, at the student's expense, a copy of the transcript of the hearing. The local education agency may charge a reasonable fee for the transcript, so long as the fee does not interfere with the other rights afforded to students outlined in this Section.
The student may choose to waive the student’s right to a hearing. If a student chooses to waive the student’s right to a hearing, the procedures set forth in subsections 7.4.11.1 through 7.4.11.6 of this regulation shall be followed.
The student and parent, if the student is under 18, shall submit a signed written waiver that indicates that the student is knowingly and voluntarily waiving the student’s right to the hearing and the student admits to violating the student code of conduct.
The student may execute a waiver at any time prior to the commencement of the hearing. The requirements in subsection 7.4 of this regulation shall be followed until a waiver is executed.
The waiver does not absolve the student from consequences under Federal or State law.
Within 5 business days of executing the waiver, the superintendent shall prepare a written report for the board of education's review at its next public board meeting or an additional scheduled public board meeting. Based on the superintendent’s written report, the board of education shall determine whether the student will be expelled.
If the board of education decides to expel the student, the board of education shall expel the student with or without appropriate educational services. The board of education’s decision shall be incorporated into a written decision that is provided to the student and parent, if the student is under 18, within 10 business days of the board of education’s meeting. The decision shall include notice of the student’s right to appeal the decision to the State Board of Education.
The expulsion shall be reported to the Department through the student information system within 5 business days of the board of education’s meeting.
Expulsion Hearing Decision
Within 5 business days following the conclusion of an expulsion hearing conducted by a hearing officer, a written recommended decision shall be prepared by the hearing officer for the board of education.
In accordance with 29 Del.C. §10126 , the written recommended decision shall include:
A brief summary of the evidence and recommended findings of fact based upon the evidence;
Recommended conclusions of law; and
A recommended decision as to whether the student shall be expelled.
When the proposed order is submitted to the board of education, a copy shall be delivered to the student and parent, if the student is under 18, who shall have 20 days to submit in writing to the board of education any exceptions, comments, and arguments respecting the proposed order.
The board of education shall review the hearing officer’s recommended decision at its next public board meeting or an additional scheduled public board meeting. Based on the evidence presented at the hearing and the hearing officer’s recommended decision, the board of education shall determine whether the student will be expelled. The board of education may accept, reject, or modify the hearing officer’s recommended decision.
If the board of education decides to expel the student, the board of education shall expel the student with or without appropriate educational services. The board of education’s decision shall be incorporated into a written decision that is provided to the student and parent, if the student is under 18, within 10 business days of the board of education’s meeting. The decision shall include notice of the student’s right to appeal the decision to the State Board of Education.
The expulsion shall be reported to the Department through the student information system within 5 business days of the board of education’s meeting.
Decision after Board of Education Presides Over Expulsion Hearing
Following the conclusion of an expulsion hearing conducted by the board of education, the board shall frame the issues, summarize the evidence, state conclusions of fact, and render its decision.
The board's decision shall be in writing in accordance with subsection 7.5.3 of this regulation and shall be based solely upon the record of the expulsion hearing over which it presided.
Expulsion Period
In calculating the period of time for the term of the expulsion, school days will be used. The student will be expelled for the total number of student days in a school year from the date of approval by the board.
A student expelled without appropriate educational services shall be unenrolled from the district or charter school during the term of the expulsion. Regardless of whether without or with services, including alternative placement, the expelled student is not eligible to enroll in any other Delaware public school during the period of the expulsion and until any reasonable terms of the expulsion are fulfilled.
Students receiving residential services from a facility operated by DSCYF shall have the amount of school days served in such program counted as part of the calculation of time for an expulsion. This does not preclude a district or charter school from transitioning a student from a DSCYF facility to the regular school program through an alternative program. However, transition through an alternative program is not required.
22 DE Reg. 583 (01/01/19)
29 DE Reg. 861 (04/01/26)
Requirement of Grievance Procedures
Each district or charter school shall have written grievance procedures. The district or charter school shall have the written grievance procedures available for parent review.
The district or charter school’s written grievance procedures shall meet the requirements in subsections 8.2.1 through 8.2.8 of this regulation.
The grievance procedures shall include a description of basic due process and appeal rights.
The grievance procedures shall provide that the grievance may be brought by the student, the student’s parent, or both.
The grievance procedures shall specify the effect filing a grievance has on the discipline.
The grievance procedures shall identify the district or charter school staff member or position who will address the grievance at each step of the process. It shall require that the staff member or position shall not be a participant in the investigation.
The grievance procedures shall identify the final decision-maker.
The grievance procedures shall require the grievance be in writing, specify what decision is being grieved and why, and be filed within 3 school days of the action being grieved.
The grievance procedures shall require that the grievance shall be addressed during a conference by the school with the student and the student’s parent within 5 school days of receipt of the grievance. The conference may be held in person or through an electronic means of communication.
The grievance procedures shall require that a written determination be issued within 5 school days of the conference in subsection 8.2.7 of this regulation.
29 DE Reg. 861 (04/01/26)
Students with Disabilities
Nothing in this regulation shall alter a district or charter school's duties under the Individual with Disabilities Act (IDEA) or 14 DE Admin. Code 922 through 929. Nothing in this regulation shall prevent a district or charter school from providing supportive instruction to children with disabilities in a manner consistent with the Individuals with Disabilities Education Act (IDEA) and Delaware Department of Education regulations.
Nothing in this regulation shall alter a district or charter school's duties under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act to students who are qualified individuals with disabilities. Nothing in this regulation shall prevent a district or charter school from providing supportive instruction to students who are qualified individuals with disabilities.
29 DE Reg. 861 (04/01/26)
School Choice Not Affected
Nothing in this regulation shall be deemed to affect or alter the district or charter school’s policies with regard to the School District Enrollment Choice Program as outlined in 14 Del.C. Ch. 4 .
29 DE Reg. 861 (04/01/26)
Gun-Free Schools Act Not Affected
Nothing in this regulation shall be deemed to affect or alter the district or charter school’s responsibilities with regard to the Gun-Free Schools Act (20 U.S.C. §7961).
29 DE Reg. 861 (04/01/26)
20 DE Reg. 277 (10/01/16)
22 DE Reg. 583 (01/01/19)
29 DE Reg. 861 (04/01/26)