Delaware - Firearms/Weapons on School Campuses: Prohibitions or Restrictions

Area: 
Prohibitions Or Restrictions
Policy Type: 
Regulation
Summary: 

State law complies with minimum requirements of the federal Gun-Free Schools Act (GFSA).

Delaware Administrative Code 14-601 Schools and Law Enforcement Agencies

5.0  Reporting of Crimes to the Delaware Department of Education

  • 5.1 The superintendent or head administrator of each school district, charter school, and Alternative Program or his/her designee, shall ensure each school within his/her jurisdiction reports to the Department of Education all school crimes required to be reported pursuant to 14 Del.C. §4112, and any subsequent amendment thereto. Such reports shall be submitted in a format as designated by the Department of Education and filed with the Department of Education within the time prescribed by Delaware statutes.

Delaware Administrative Code 14-603 Compliance with the Gun Free Schools Act

1.0  Written Policy Required

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 Schools Act [(20 USC §4141) (20 USC §7151)] and 11 Del.C. §1457(j) or its successor statute. At a minimum, the policy must contain the following elements:

  • 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.
  • 1.2 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.
  • 1.3 The definition of "Firearm" shall be the same as the meaning given to the term in the federal Gun-Free Schools Zone Act.

12 DE Reg. 325 (09/01/08)

2.0  Submission of the Policy to the State Department of Education

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, in such form as the Department requires:

  • 2.1 An assurance that its policies comply with this regulation and with 11 Del.C. §1457(j) or its successor statute.
  • 2.2 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.

3.0  Individuals with Disabilities Act

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

1 DE Reg. 1976 (6/1/98)

7 DE Reg. 333 (9/1/03)

4.0  Reporting Requirements and Timelines

  • 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.

12 DE Reg. 325 (09/01/08)


Delaware Administrative Code 14-611 Consortium Discipline Alternative Programs for Treatment of Severe Discipline Problems

2.0  Ineligible Students

  • 2.1 Any student expelled or suspended pending expulsion for behavior equivalent to a violation of the following is not eligible for, and may not be placed at a Consortium Discipline Alternative Program site.
    • 2.1.1 11 Del.C. §613 Assault in the First Degree; class C felony; or
    • 2.1.2 11 Del.C. §1457 Possession of a Weapon in a Safe School and Recreation Zone; class D, E, or F: class A or B misdemeanor; or
    • 2.1.3 11 Del.C. §802 Arson in the Second Degree affirmative defense; class D felony; or
    • 2.1.4 11 Del.C. §803 Arson in the first degree; class C felony; or
    • 2.1.5 11 Del.C. §770 Rape in the fourth degree; class C felony; or
    • 2.1.6 11 Del.C. §771 Rape in the third degree; class B felony; or
    • 2.1.7 11 Del.C. §772 Rape in the second degree class B felony; or
    • 2.1.8 11 Del.C. §773 Rape in the first degree class A felony; or
    • 2.1.9 16 Del.C. §4753A Trafficking in marijuana, cocaine, illegal drugs, methamphetamine, LSD, or designed drugs or
    • 2.1.10 Any behavior equivalent to or greater than the offenses in 2.1 through 2.9.
  • 2.2 Provided further, any student expelled or suspended pending expulsion may not be placed at a Consortium Discipline Alternative Program if the school district determines, by a preponderance of the evidence, the student is inappropriate for such placement. When determining whether a student is inappropriate for placement in a Consortium Discipline Alternative Program, the school district shall consider the availability of space in the program to serve the student, and the student's age.
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