14 Del. Admin. Code § 608-3.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 608-3.0 - Identification of Persistently Dangerous Schools

3.1 A school shall be identified as a persistently dangerous school if 5 or more unsafe incidents for every 100 students enrolled occurred during the 3 previous consecutive fiscal years.

3.2 Unsafe incidents are set forth in subsections 3.2.1 through 3.2.4.

3.2.1 The school suspends or expels a student for bringing a firearm to the school in violation of 20 U.S.C. § 7961.

3.2.2 The school suspends or expels a student for possessing a firearm at the school in violation of 20 U.S.C. § 7961 or while in or on a safe school zone, as defined in 11 Del.C. § 1457A(a)(4), pursuant to 11 Del.C. § 1457A(f).

3.2.3 The school suspends or expels a student for a crime committed on school property that is required to be reported under 14 Del.C. § 4112.

3.2.4 The school reported a crime committed by a nonstudent on school property that is required to be reported under 14 Del.C. § 4112.

3.3 Notwithstanding any provision herein to the contrary, any year that a school fails to comply with the reporting mandates to the Department or to the appropriate police agency as required by law, the Department will consider the school as if it otherwise met the criteria to be classified as a persistently dangerous school for the entire fiscal year.

3.4 The Department shall identify each persistently dangerous school using the data reported to it pursuant to the provisions of 14 Del.C. § 4112, 14 DE Admin. Code 601, and any expulsion and suspension data as required by the Department. For the purpose of this regulation, expulsion means the exclusion from the regular school setting for a period determined by the local district board or charter school board not to exceed 1 year and suspension mean the external, out-of-school removal of a student from the general school population.

3.5 A school that is identified as a persistently dangerous school shall retain the identification as a persistently dangerous school for the entire fiscal year.

14 Del. Admin. Code § 608-3.0

22 DE Reg. 297 (10/1/2018)
27 DE Reg. 669 (3/1/2024) (Final)