State Profile

School Discipline

State Profile - Delaware

School Discipline
What may a student be suspended or expelled for? Arson
Breaking and entering
Criminal behavior
Defiant or disruptive behavior
Destruction of property
Drug use/possession
Electronic communications policy violation
Firearm/weapons possession
Physical harm or threat of physical harm
Rape or attempted rape
Sexual assault
Terroristic threats
Del. Code Ann. tit. 14, § 614
What must a student be suspended or expelled for? Firearm/weapons possession Del. Code Ann. tit. 11, § 1457
Are there limitations placed on suspension or expulsion? Length: Short-term suspensions are 10 consecutive school days or less. Long-term suspensions shall not exceed the number of school days in a year.
Violation type: Students may not be disciplined for failure to disclose account passwords.
Del. Code Ann. tit. 14, § 8104
Code Del. Regs. 14 616
Are there non-punitive approaches outlined as alternatives to suspension or expulsion? Non-punitive supports are available: prior to referring for alternative placement, the following interventions must be utilized--school-based interventions, counseling services, development and implementation of a behavior support plan, mentoring, referral to mediation. Schools that meet certain thresholds of exclusionary discipline use must review their discipline policies and assure proper implementation of restorative justice practices.  Code Del. Regs. 14 616
Delaware Senate Bill 85-1 (2018)
Are there alternative schooling options available for students who are suspended or expelled? Yes. The Department of Education must establish a program to provide alternative educational services for suspended and expelled students. Del. Code Ann. tit. 14, § 1604
When is a school required to involve law enforcement in student discipline? Violations concerning: Criminal behavior Code Del. Regs. 14 616
Is corporal punishment permitted? No. Del. Code Ann. tit. 14, § 702
Does the state outline reporting requirements for suspension and expulsion? The Department of Education must compile and release an annual report on student discipline in all schools, including information on out-of-school suspensions, in-school suspensions, expulsions and assignments to alternative schools. This information must be disaggregated by race, ethnicity, gender, grade, limited English proficiency, incident type, duration and disability status. Delaware Senate Bill 85-1 (2018)

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