14 Del. Admin. Code § 613-4.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 613-4.0 - District or Charter School Action in Response to Attorney General's Report

4.1 The decision to act upon the information provided in the Attorney General's Report and Criminal Justice Information shall be the sole discretion of the District or Charter School in accordance with the District's or Charter School's policies and procedures including the Student Code of Conduct. Such action may include, but is not limited to, student or Parent conference, counseling, safety planning and Disciplinary Action.

4.1.1 If the victim listed in the Criminal Justice Information attends the same school as the Report's alleged offender, the victim and victim's Parent shall be notified regarding any safety planning actions decided upon by the District or Charter School. The District or Charter School shall make reasonable efforts to include the victim and victim's Parent in the safety planning process.

4.1.2 If a District or Charter School policy allows for Disciplinary Action to be taken in response to a student Attorney General's Report, the District's or Charter School's Student Code of Conduct shall include a statement that clearly gives notice that all off-campus, non-school activity conduct which shows disregard for the health, safety and welfare of others, including, but not limited to acts of violence, weapons offenses, and drug offenses, may subject a student to Disciplinary Action as indicated in the District's or Charter School's Student Code of Conduct.

4.1.2.1 Any Disciplinary Action taken by the District or Charter School in response to an Attorney General's Report that results in a Short-Term or Long-Term Suspension, Alternative Placement, or Expulsion of a student shall be in accordance with the requirements of 14 DE Admin. Code 614 and 616.

4.1.2.2 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.

14 Del. Admin. Code § 613-4.0

25 DE Reg. 694 (1/1/2022) (final)