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DISCIPLINE – AUTHORITY

  • Who has the overall discipline authority in schools?
    • All local school districts and charter schools in Delaware have their own policies on student rights and responsibilities. 14 Del. Admin. Code § 605(1.1).
    • Each local school district and charter school must distribute and explain these policies to every student at the beginning of each school year and to every student enrolling or re-enrolling during the school year. The policies are to be posted on the district’s or charter school’s website and provided to parents or guardians upon request. 14 Del. Admin. Code § 605(2.0)
    • Delaware is considering, however, creating a standardized school code of conduct. See

    http://www.doe.k12.de.us/infosuites/students_family/climate/files/StandardizedSchoolCode061110.pdf.

  • Helpful documents or links
    • Delaware School Climate and Discipline:  http://www.doe.k12.de.us/infosuites/students_family/climate/default.shtml

DISCIPLINARY ACTION

  • What type of discipline is permitted?
    • Public school teachers and administrators have the same authority to control the behavior of a student and to discipline the student as a parent, custodian or guardian (subject to the rules on corporal punishment described below).  The authority includes removing a student from a classroom or school-sponsored activity.  Del. Code Ann. tit. 14 § 701.
  • When can a teacher remove a student from class?
    • Teachers have authority to remove a child from a classroom for disruptive behavior. 
      • “Disruptive behavior” is conduct that is so unruly, disruptive or abusive that it seriously interferes with a teacher’s ability to communicate with the students, with a student’s ability to learn, or with the operation of a school or activity.
      • Each local school board must establish a policy that specifies the general circumstances under which a student may be removed from a classroom. Del. Code Ann. tit. 14 § 701.

SUSPENSION

  • What is the difference between suspension and expulsion?
    • In general, suspension means the external or internal removal of a student from the general school population.  Expulsion means exclusion from the regular school setting for a period not to exceed the total number of student days in a school year.  
  • Under what circumstances can a student be suspended?
    • The circumstances under which a student can be suspended are outlined in each school district’s code of conduct.
    • School and Student Codes of Conduct:
      http://www.doe.k12.de.us/infosuites/students_family/climate/CodesConduct.shtml
  • What are the types of suspension and the processes for each?
    • The different types of suspension are defined by Delaware’s Disciplinary Action Codes which can be found at http://www.doe.k12.de.us/infosuites/students_family/climate/default.shtml.
      • Suspension, In-School. Disciplinary action resulting in the student being removed from the classroom for at least 1 day, and assigned to an in-school suspension program. This is a short-term placement (10 days or less).
      • Suspension, In-School, School Intervention Program. Disciplinary action resulting in the student being removed from the classroom for at least 10 days but no more than the total number of student days in a school year, and assigned to an in-school suspension School Intervention Program. The program design should continue with the students’ regular curriculum, include character education, conflict resolution skills, and behavior modification strategies. This is a long-term suspension (more than 10 days).
      • Suspension, Out-of-School with CDAP Placement. Disciplinary action resulting in the student being removed from the classroom, banned from school grounds for a specified length of time, and assigned to “Consortia Discipline Alternative Program” (CDAP).
      • Suspension, Out-of-School with Services. Disciplinary action resulting in the student being removed from the classroom for at least 1 day, and banned from school grounds for a specified length of time. During this suspension, the student continues to receive educational services.
      • Suspension, Out-of-School without Services. Disciplinary action resulting in the student being removed from the classroom for at least 1 day, banned from school grounds for a specified length of time. During this suspension, the student does not receive educational services.

EXPULSION

  • Under what circumstances can a student be expelled?
    • The circumstances under which a student can be expelled are outlined in each school district’s code of conduct.
    • School and Student Codes of Conduct:
      http://www.doe.k12.de.us/infosuites/students_family/climate/CodesConduct.shtml
  • What are the types of expulsion and the processes for each?
    • The different types of expulsion are defined by Delaware’s Disciplinary Action Codes which can be found at http://www.doe.k12.de.us/infosuites/students_family/climate/default.shtml.
      • Expulsion, with CDAP Placement. Disciplinary action resulting in the student being removed from the classroom and expelled from the school not to exceed the total number of student days in a school yea. During this expulsion, the student is assigned to CDAP by District Alternative Placement Team and approved by Local Board of Education.
      • Expulsion, with Services. Disciplinary action resulting in the student being removed from the classroom and expelled from the school, not to exceed the total number of student days in a school year, with arrangements for the provision of educational services by District Alternative Placement Team and approved by Local Board of Education (excludes CDAP).
      • Expulsion, without Services. Disciplinary action resulting in the student being removed from the classroom and expelled from the school, not to exceed the total number of student days in a school year, with total cessation of educational services by District Alternative Placement Team and approved by Local Board of Education

ZERO TOLERANCE POLICIES

  • Does Delaware have a “zero tolerance” policy at the state level?
    • No, Delaware does not have a “zero tolerance” policy at the state level but school districts may implement “zero tolerance” policies.
    • Zero tolerance of a behavior by a school means that the school’s response is pre-determined and required. Zero tolerance policies outline mandatory measures that schools must take when faced with certain actions by students.

CORPORAL PUNISHMENT

  • Is corporal punishment at schools permitted?
    • No. “Corporal punishment” is defined as “the intentional infliction of physical pain which is used as a means of discipline” and includes, but is not limited to, “paddling and slapping, when used as a means of discipline.” Delaware law provides that “no public school teacher, administrator, official employee or agent of the School Board may subject a student enrolled in the school district to corporal punishment.” Del. Code Ann. tit. 14 § 702(a)-(b).
    • However, a public school teacher, administrator, official employee or agent of the school board is not prohibited from:
      • Using reasonable and necessary force to quell a disturbance or prevent an act that threatens physical injury to any person;
      • Using reasonable and necessary force to obtain possession of a weapon, or other dangerous object within a pupil’s control;
      • Using reasonable and necessary force for the purpose of self-defense or the defense of others;
      • Using reasonable and necessary force for the protection of property;
      • Using reasonable and necessary force to prevent a pupil from inflicting harm on that pupil’s own self;
      • Using reasonable and necessary force to protect the safety of others; or
      • Using incidental, minor or reasonable physical contact designed to maintain order and control. Del. Code Ann. tit. 14 § 702(c).

BULLYING

  • Is there a state policy on bullying?
    • Yes. Each school district and charter school must prohibit bullying, and retaliation against a target or witness of an act of bullying. The policy must include a definition of bullying no less inclusive than that in Del. Code Ann. tit. 14 § 4112D(b)(2)(b). The anti-bullying policy must appear in the student and staff handbook or distributed annually to all students, parents, faculty and staff. Del. Code Ann. tit. 14 § 4112D(c)(2).
    • Under Delaware law, “bullying” means any intentional written, electronic, verbal or physical act or actions against another student, school volunteer or school employee that a reasonable person under the circumstances should know will have the effect of:
      • Placing a student, school volunteer or school employee in reasonable fear of substantial harm to his or her emotional or physical well-being or substantial damage to his or her property; or
      • Creating a hostile, threatening, humiliating or abusive educational environment due to the pervasiveness or persistence of actions or due to a power differential between the bully and the target; or
      • Interfering with a student having a safe school environment; or
      • Perpetuating bullying by inciting, soliciting or coercing someone to demean, dehumanize, embarrass or cause harm to another student, school volunteer or school employee. Del. Code Ann. tit. 14 § 4112D.

HAZING

  • Is there a state policy on hazing?
    • Yes. In Delaware, hazing is a crime and each educational institution must adopt a written anti-hazing policy and a program for the enforcement of such rules. Del. Code Ann. tit. 14 §§ 9303-9304.
    • “Hazing” is defined as:
      • recklessly or intentionally endangering the mental or physical health or safety of a student; or
      • destroying or removing property 
      • for the purpose of initiation for membership or continued membership in any organization. Del. Code Ann. tit. 14 § 9302.

DRESS CODES

  • Are there dress code requirements for schools?
    • While not required to do so, school boards have the authority to establish and enforce a dress code program, which may include school uniforms, “to promote an orderly, disciplined school environment and to encourage uniformity of student dress.”  Del. Code Ann. tit. 14 § 4120.
  • Can school uniforms be required?

    • Yes. Under Delaware law, school boards may implement a dress code, which may include school uniforms, for students. If the school board establishes a dress code that adopts school uniforms, the school board’s rules and regulations must “ensure that any uniform required is available at an affordable price,” and must “include provision to assist economically disadvantaged students in obtaining school uniforms.” Del. Code Ann. tit. 14 § 4120.

ENGLISH LANGUAGE LEARNERS (ELL)

  • Who is considered an ELL?
    • “English Language Learners (ELLs)” are students with limited English proficiency.  ELLs are defined as “individuals who, by reason of foreign birth or ancestry, speak a language other than English, and either comprehend, speak, read or write little or no English, or who have been identified as English Language Learners by a valid English language proficiency assessment approved by the Department of Education for use statewide.”  14 Del. Admin. Code § 920.
  • What is the assessment test used for ELL? What are the procedures for the test?
    • Any student for whom a language other than English is reported on the home language survey (administered as part of the registration process) is administered an English language proficiency assessment no later than 25 school days after enrollment. The assessment is based on the English Language Proficiency Standards for English Language Learners K to 12 and assesses listening, speaking, reading and writing. Any student who achieves a score that is lower than the eligibility score established by the Department of Education shall be identified as an ELL and is entitled to a program of instruction for ELLs. 14 Del. Admin. Code § 920.
    • Any student who is identified as an ELL is administered an English language proficiency assessment annually. Any student who achieves a score on the assessment that is higher than the eligibility cut off score established by the Department of Education is transitioned as fully English proficient and placed in a regular classroom. For at least two years after a student is placed in a regular classroom, the district or charter school must monitor the academic performance of the student and provide additional services as necessary. 14 Del. Admin. Code § 920.
  • What instructional programs are available for ELLs?
    • Instructional programs for ELLs must include formal instruction in English language development and instruction in academic subjects which is designed to provide ELLs with access to the regular curriculum. 
    • Programs are also required to include instruction in academic subjects equivalent in scope to the instruction that is provided to students who are not limited in English proficiency. 14 Del. Admin. Code § 920.

ABILITY GROUPING FOR LEARNING PURPOSES

  • Does the state guarantee students access to any specific classes or quality of classes (i.e. such as college prep, etc.)?
    • Local school districts and charter schools must provide instructional programs for grades K through 12 in English language arts, mathematics, science, social studies, physical education, and visual and performing arts. 14 Del. Admin. C. § 503.
    • Local school districts and charter schools (when consistent with the charter school’s approved program) must provide instructional programs in at least 2 vocational technical education areas in grades 7 and 8. 14 Del. Admin. C. § 503.
    • Local school districts are required to develop policies for Dual Enrollment (simultaneous enrollment in a high school and a regionally accredited higher education institution) and the awarding of Dual Credit (credit awarded at the high school and postsecondary levels). 14 Del. Admin. C. § 506.
  • Does the state require schools to have Gifted & Talented programs? Are there any admission requirements?
    • Delaware law provides that a “gifted or talented child” (a child who by virtue of certain outstanding abilities is capable of high performance in general intellectual ability, specific academic aptitude, creative or productive thinking, leadership ability, visual and performing arts ability, or psychomotor ability) identified by professionally qualified persons, may require educational programs or services beyond those normally provided by the regular school program in order to realize that individual’s full contribution to self and society. Del. Code Ann. tit. 14 § 3101(6).
    • The extent of programs and facilities provided for children determined to be gifted or talented must be in accordance with the rules and regulations of the Department of Education approved by the State Board of Education. Del. Code Ann. tit. 14 § 3126.
  • Helpful links
    • Delaware Department of Education, Gifted and Talented Program resources: http://www.doe.k12.de.us/infosuites/students_family/gifted/default.shtml

GRADUATION REQUIREMENTS

  • Graduation requirements include:
    • Beginning with the graduating class of 2011, a public school student must successfully complete a minimum of 22 credits to graduate, including:
      • 4 credits in English Language Arts;
      • 4 credits in Mathematics (no less than Geometry, Algebra I and Algebra II);
      • 3 credits in Science;
      • 3 credits in Social Studies;
      • 1 credit in physical education;
      • ½ credit in health education;
      • 3 credits in Career Pathway (preplanned and sequential courses designed to develop knowledge and skills in a particular career or academic area); and
      • 3 ½ credits in elective courses. 14 Del. Admin. Code § 505(2.0).
    • Beginning with the graduating class of 2015, a public school student must successfully complete a minimum of 24 credits to graduate, including:
      • 4 credits in English Language Arts;
      • 4 credits in Mathematics (no less than Geometry, Algebra I and Algebra II);
      • 3 credits in Science;
      • 3 credits in Social Studies;
      • 2 credits in a World Language;
      • 1 credit in physical education;
      • ½ credit in health education;
      • 3 credits in Career Pathway (preplanned and sequential courses designed to develop knowledge and skills in a particular career or academic area); and
      • 3 ½ credits in elective courses. 14 Del. Admin. Code § 505(3.0).
    • District and charter school boards may establish additional credit requirements for graduation above the number of credits required by the Department. 14 Del. Admin. Code § 505(7.0).
  • Helpful documents
    • Delaware Content Standards and Recommended Curriculum: http://www.doe.k12.de.us/infosuites/staff/ci/default.shtml

PARENT INFORMATION RESOURCE CENTERS

  • General Information

    Delaware Education Regulations and Codes
    http://www.doe.k12.de.us/infosuites/ddoe/regulations.shtml

    Delaware School District Websites
    http://www.k12.de.us/

    Parent Information Center of Delaware
    http://www.picofdel.org/

    Contact Information

    Delaware Department of Education
    John G. Townsend Building
    401 Federal Street, Suite 2
    Dover, DE 19901
    Phone: (302) 735-4000
    Fax: (302) 739-4654
    Web: http://www.doe.k12.de.us