14 Del. Admin. Code § 616-10.0
Current through Register Vol. 28, No. 4, October 1, 2024
Section 616-10.0 - Procedures for the Expulsion of Students10.1 When it is alleged that a student committed a violation of the Student Code of Conduct and may be subject to a recommendation for Expulsion, the following procedures shall be followed. 10.1.1 The Principal shall conduct a preliminary investigation pursuant to Section 3.0 of this regulation to determine if there is reasonable basis to pursue Disciplinary Action.10.1.2 If the investigation verifies that Disciplinary Action may be warranted, initial due process procedures outlined in Section 4.0 of this regulation shall be followed.10.2 After the student has been afforded initial due process procedures, if the Principal decides that Disciplinary Action in the form of a recommendation for Expulsion will be made, the following procedures shall be followed: 10.2.1 Student will be given written notice of charges and the Parent shall be notified verbally and in writing as soon as practicable thereafter.10.2.2 The student shall be given a Short-term Suspension pursuant to the criteria outlined in Section 6.0 of this regulation. The Parent shall be provided a copy of a Suspension form that includes a written notice of the Student Code of Conduct violation(s).10.2.3 The Principal shall hold a Building Level Conference with the Parent and the student. The Principal shall explain to the Parent and the student the purpose of the meeting is to inform them: 1) of the recommendation for Expulsion;2) that the student will be serving a Short-term Suspension pending the outcome of the Expulsion hearing and;3) of the procedures that will take place as follow-up to the recommendation for Expulsion.10.2.3.1 The conference shall be held by phone or in person.10.2.3.2 The Principal shall have at least one other person present to take notes during the conference or shall have the conference audio recorded.10.2.4 All documentation related to the recommendation for Expulsion shall be delivered to the Superintendent within two (2) business days of the Building Level Conference or seven (7) business days of the incident, whichever is sooner.10.3 Expulsion Hearings 10.3.1 Upon receipt of a recommendation following the Building Level Conference, the Superintendent shall review documentation to affirm that appropriate discipline procedures were followed. The Superintendent shall, within ten (10) business days of the date of the incident, notify the student and the Parent by letter that a district-level Expulsion hearing will be held to consider the recommendation. 10.3.1.1 The Superintendent shall not have been a participant in the disciplinary investigation or Building Level Conference resulting in the recommendation for Expulsion.10.3.2 Written notice shall, at a minimum, be sent by regular U.S. and certified mail to the Parent describing the circumstances which led to the recommendation for Expulsion and shall give the date, time, and location of the hearing.10.3.3 The hearing shall be held not less than seven (7) business days or more than twenty (20) business days after receipt of written notice. The written notice shall be deemed to be received on the fourth business day following the day of mailing. This time period may be waived by agreement of the parties. A copy of the documentation shall be made available, upon request, to the student and Parent at the district/charter school office prior to the mailing.10.3.4 If requested, the student and Parent will also be given a copy of the following: 10.3.4.1 The reason(s) for the recommendation;10.3.4.2 The name(s) of witnesses who may appear; and10.3.4.3 Copies of information that may be submitted as evidence.10.3.5 The district/charter shall receive written Parent permission for any witness who is a minor.10.3.6 The hearing shall be conducted by a district/charter Board of Education or Hearing Officer.10.3.7 The Board of Education or Hearing Officer shall have full authority to admit or exclude evidence. 10.3.7.1 Evidence presented at the Expulsion hearing may include, but is not limited to, witness statements, police or Attorney General's Reports, and photocopies of evidence.10.3.7.2 The Board of Education or Hearing Officer is not bound by common law or statutory rules of evidence or by technical or formal rules of procedure except as herein stated.10.3.7.3 The Board of Education or Hearing Officer may exclude plainly irrelevant, immaterial, insubstantial, cumulative and privileged evidence.10.3.7.4 The Board of Education or Hearing Officer may limit unduly repetitive proof, rebuttal and cross examination.10.3.8 In conducting the hearing, the district/charter school shall submit evidence first followed by the response of the student, if any.10.3.8.1 Further evidence by either party may be presented at the hearing if the Board of Education or Hearing Officer determines such evidence is necessary.10.3.9 The Superintendent presenting the case on the part of the district/charter school shall not testify.10.3.10 The hearing shall be recorded in a manner that will permit transcription.10.3.11 The student shall have the following rights:10.3.11.1 To be represented by legal counsel at the student's expense;10.3.11.2 To cross-examine witnesses;10.3.11.3 To testify and produce witnesses on his/her behalf; and10.3.11.4 To obtain, at the student's expense, a copy of the transcript of the hearing.10.3.12 In lieu of a formal Expulsion hearing, a student may elect to waive the hearing and admit to the student-s violation charge(s). The student and Parent shall submit a signed written hearing waiver which indicates that the student is knowingly and voluntarily waiving their right to the hearing. Such election may be exercised until the commencement of the hearing. This waiver does not absolve the student from required consequences under Federal or State Law or the Student Code of Conduct.10.4 Expulsion Decision by Board of Education10.4.1 Decision after Hearing Officer Presides over Hearing 10.4.1.1 Within five (5) business days following the conclusion of an Expulsion hearing conducted by a Hearing Officer, a written report shall be prepared by the Hearing Officer for the Superintendent. 10.4.1.1.1 The report shall frame the issues, summarize the evidence, state conclusions of fact, and make a recommendation as to whether the student should be expelled.10.4.1.2 The Board of Education shall make its decision at the next scheduled public Board Meeting or additional scheduled public board meeting for the sole purpose of deciding on the student disciplinary matter in question. 10.4.1.2.1 The Board shall conduct a review of the Hearing Officer's recommendation. The Board may accept, reject, or modify the recommendation of the Hearing Officer. The Board's decision shall be in writing in accordance with subsection 10.4 .5 of this regulation and shall be based solely upon the report from the Hearing Officer and the record of the Expulsion hearing, if any.10.4.2 Decision after Board of Education Presides over Hearing10.4.2.1 Following the conclusion of an Expulsion hearing conducted by the Board of Education, the Board shall frame the issues, summarize the evidence, state conclusions of fact and render its decision.10.4.2.2 The Board's decision shall be in writing in accordance with subsection 10.4 .5 and shall be based solely upon the record of the Expulsion hearing of which it presided over.10.4.3 Decision After Waiving of Hearing Rights and Admission to Violation Charges 10.4.3.1 Within five (5) business days following the waiving of hearing rights and admission of violation charges, the Superintendent shall prepare a report for the Board of Education's action at its next public board meeting or an additional scheduled public board meeting for the sole purpose of deciding on the student disciplinary matter in question.10.4.4 Eligible expelled students shall be placed in a Consortium Discipline Alternative Program in accordance with 14 Del.C. § 1604 and 14 DE Admin. Code 611. The Board shall determine if the students not eligible for placement in a Consortium Discipline Alternative Program shall be expelled with or without Appropriate Educational Services.10.4.5 Any decision to expel a student shall be reported to the Delaware Department of Education within five (5) business days of the Board's decision to expel. When a Board of Education expels a student, but determines the student shall not be placed at a Consortium Discipline Alternative Program, the written decision shall address with specificity the reason for non-placement and the evidence in support thereof. Such decisions shall be submitted to the Delaware Department of Education's Office of School Climate and Discipline within five business days of such decision, with a copy to the student's Parent.10.4.6 Except as is otherwise provided herein, within ten (10) business days of the decision by the Board, the Board, through its designee, shall submit its decision to the Superintendent and Parent and student in writing. The written decision shall include notice of the right to appeal to the State Board of Education.10.5 Calculation of Time 10.5.1 In calculating the period of time for the term of the Expulsion, school days will be used. Students receiving residential services from a Department of Services for Children, Youth and Their Families (DSCYF) program shall have the amount of school days served in such program counted as part of the calculation of time for an Expulsion. This does not preclude a district/charter from transitioning a student from a YRS program to the Regular School Program through an Alternative Program. However, transition through an Alternative Program is not required.14 Del. Admin. Code § 616-10.0
22 DE Reg. 583 (1/1/2019) (Final)