14 Del. Admin. Code § 613-3.0 - Uniform Processing Procedures

3.1 When a District or Charter School receives an Attorney General's Report, the following uniform procedures shall be followed:

3.1.1 Only the Superintendent or designated District- or Charter School-level administrative professional employee (hereinafter "designee") shall handle the processing of the Attorney General's Report. The designee shall be an employee at the District or Charter School administrative office level and shall not be a secretary or administrative assistant.

3.1.2 The Superintendent or designee shall review the Attorney General's Report, as soon as practicable thereafter and no later than three (3) school days after delivery of the Report, to determine if the listed charges warrant accessing the Criminal Justice Information System to obtain additional information. In the event of the absence of the Superintendent or designee, procedures shall be identified for the review of the Attorney General's Report within the allotted time frame.

3.1.2.1 If the Superintendent or designee determines that access to the Criminal Justice Information System is needed, that access will occur as soon as practicable thereafter and no later than three (3) school days of the determination.

3.1.2.2 On the basis of that review, the Superintendent or designee shall make a determination as to whether the student's alleged actions are a threat to the health, safety and welfare of others, in particular, staff and students within the School Environment and action needs to be taken.

3.1.3 The District or Charter School may provide the Attorney's General Report and Criminal Justice Information to the school Principal if the District or Charter School decides to take action. The school Principal shall use this information only for action planning purposes.

3.1.4 A hard copy of a student's Report or Criminal Justice Information shall not be maintained in any manner except for use as evidence in a student discipline hearing and manifestation determination meeting. Upon conclusion of the student disciplinary hearing and any appeals, the hard copy of the Report and Criminal Justice Information shall be destroyed. Notwithstanding the foregoing, the hard copy of the Report and Criminal Justice Information used at the manifestation determination meeting shall be maintained as part of the record of that meeting during the time for filing any dispute resolution proceedings under the Individuals with Disabilities Education Act (IDEA).

3.1.4.1 Any personally identifiable information relating to a victim listed in a Report or the Criminal Justice Information used for a disciplinary hearing or manifestation determination shall be redacted. For the purposes of this regulation, personally identifiable information includes name, date of birth, age, sex, race, home address, school, workplace, driver license number, and vehicle registration number. If the victim and alleged offender attend the same school, that information may be shared with the Principal of the school for safety planning purposes.

Notes

14 Del. Admin. Code § 613-3.0

25 DE Reg. 694 (1/1/2022) (final)