Delaware - Student Searches: Program Requirements

Area: 
Program Requirement
Policy Type: 
Regulation
Summary: 

State law authorizes districts to adopt policies or rules addressing search and seizure without addressing student protections or requiring minimal protections only.

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

2.1.2 Student lockers are the property of the school and may be subjected to search at any time with or without reasonable suspicion.


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.4.1.5 A written policy on search and seizure.
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