Delaware - Alcohol and Drug-use Prohibitions or Restrictions: Prohibitions or Restrictions

Area: 
Prohibitions Or Restrictions
Policy Type: 
Regulation
Summary: 

State law prohibits the sale, possession, or use of alcohol or controlled substances on school grounds or at school-related events.

Delaware Administrative Code 14-612 Possession, Use or Distribution of Drugs and Alcohol

4.0  Requirement of Each School District and Charter School to have a Policy

  • 4.1 Each school district and charter school shall have a policy on file and update it periodically. The policy shall include, at a minimum, the following:
    • 4.1.1 A system of notification of each student and their parent, guardian or Relative Caregiver at the beginning of the school year, of the state and district policies and regulations. In addition a system for the notification of each student and their parent, guardian or Relative Caregiver whenever a student enrolls or re enrolls during the school year of the state and district policies and regulations.
    • 4.1.2 A statement that state and district or charter school policies shall apply to all students, except that with respect to children with disabilities, applicable federal and state laws will be followed.
    • 4.1.3 A written policy which sets out procedures for reporting incidents to police authorities, parents, guardians or Relative Caregivers and to the Department of Education, while maintaining confidentiality.
      *4.1.4 A written policy on how evidence is to be kept, stored and documented, so that the chain of custody is clearly established prior to giving such evidence over to the police.
    • 4.1.5 A written policy on search and seizure.
    • 4.1.6 A program of assistance for students with counseling and referral to services as needed.
    • 4.1.7 A policy in cases involving a Drug Like Substance or a Look Alike Substance for establishing that the student intended to use, possess or distribute the substance as a Drug.
    • 4.1.8 A policy which establishes how Prescription Medications and Nonprescription Medications shall be handled in the School Environment and when they will be considered unauthorized and subject to these state and local policies.
    • 4.1.9 A policy which sets out the conditions for return after expulsion for Alcohol or Drug infractions.
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