3.0  Written Policy and Memorandum of Agreement (MOA)

• 3.1 All local school districts, charter schools, and Alternative Programs shall establish a written policy on effectively communicating and working with law enforcement agencies. Each school district, charter school and Alternative Program shall develop a Memorandum of Agreement (MOA) with each law enforcement agency which provides services to it. Each MOA shall be in a form substantially similar to a Model MOA as developed, approved and from time to time revised by the Department of Education.
• 3.2 The Department shall review the Model MOA and each school district, charter school, or Alternative Program shall review its current MOA at least once every three years.

1.0 Written Policy Required

• 1.1 Each school district and charter school shall have a written policy implementing the Gun-Free Schools Act [(20 U.S.C. §7961)] and complying with 11 Del.C. §1457(j) or its successor statute. At a minimum, the policy must contain the following elements:

• 1.1.1 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.

• 1.1.2 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.

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

2.0 Submission of the Policy to the State Department of Education

• 2.1 Each school district and charter school shall submit the following to the Delaware Department of Education annually, in such form as the Department requires:

• 2.1.1 An electronic copy of its policy implementing the Gun-Free Schools Act [(20 U.S.C. §7961)] and complying with 11 Del.C. §1457(j) or its successor. statute; and

• 2.1.2 An electronic copy of any revised policy implementing the Gun-Free Schools Act [(20 U.S.C. §7961)] and complying with 11 Del.C. §1457(j) or its successor Statuteunder the policy implemented in accord with this regulation within ninety (90) days of such revision regardless of whether revisions were made as a result of changes to federal, state or local law, regulations, guidance or policies; and

• 2.1.3 Descriptions of the expulsions imposed under 11 Del.C. §1457(j) or its successor Statuteand 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.

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. §4752 Drug dealing--Aggravated possession; class B felony; or

• 2.1.10 16 Del.C. §4752B Drug dealing -- Resulting in death; class B felony; or

• 2.1.11 16 Del.C. §4753 Drug dealing--Aggravated possession; class C felony; or

• 2.1.12 16 Del.C. §4754 Drug dealing--Aggravated possession; class D felony; or

• 2.1.13 Any behavior equivalent to or greater than the offenses in subsections 2.1.1 through 2.1.12.

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, the student's age and the student's educational and behavioral modification needs.

(a) Any person who commits any of the offenses described in subsection (b) of this section, or any juvenile who possesses a firearm or other deadly weapon, and does so while in or on a “Safe School and Recreation Zone” shall be guilty of the crime of possession of a weapon in a Safe School and Recreation Zone.

c) For the purpose of this section, “Safe School and Recreation Zone” shall mean:

• (1) Any building, structure, athletic field, sports stadium or real property owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary or vocational-technical school or any college or university, within 1,000 feet thereof; or

• (2) Any motor vehicle owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary, or vocational-technical school or any college or university;

• (5) In the event that an elementary or secondary school student possesses a firearm in a Safe School and Recreation Zone in addition to any other penalties contained in this section, the student shall be expelled by the local school board or charter school board of directors for a period of not less than 180 days unless otherwise provided for in federal or state law. The local school board or charter school board of directors may, on a case by case basis, modify the terms of the expulsion.

• (6) In the event that an elementary or secondary school student possesses a deadly weapon other than a firearm in a Safe School and Recreation Zone in addition or as an alternative to any other penalties contained in this section, the student may be suspended for a period of not less than 30 days unless otherwise provided for in federal or state law. The local school board or charter school board of directors may, on a case by case basis, modify the terms of the suspension.