CHAPTER 407

FORMERLY

HOUSE BILL NO. 326

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL DISCIPLINE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

WHEREAS, the intent of the General Assembly, as evidenced by Delaware’s compulsory attendance laws, is that all children between the ages of five and sixteen attend and have access to full-time public education; and

WHEREAS, recognizing that some students exhibiting behavior or discipline problems may not be appropriate for placement in a regular classroom setting, the State of Delaware has enacted statutes and regulations providing for the education of such students in Consortium Discipline Alternative Programs; and

WHEREAS, the intent of Delaware’s compulsory attendance statutes is not met when students who are eligible for placement in a Consortium Discipline Alternative Program are simply expelled by a local school district or charter school and not placed in such a program.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §1604, Title 14 of the Delaware Code by adding a new subsection “(8)” thereto as follows:

“(8) A student sixteen years of age or less who is expelled or suspended pending expulsion by a local school district or charter school shall be presumed appropriate for placement in a Consortium Discipline Alternative Program site, provided the student is not otherwise ineligible by statute or regulation for placement in such a program. The burden of establishing that a student is not appropriate for placement in a Consortium District Alternative Program shall be on the local school district or charter school. Any student not shown by preponderance of evidence to be inappropriate for placement in a Consortium District Alternative Program shall be placed in such a program.”

Section 2. The Department of Education shall promulgate regulations establishing the criteria, which may include age, availability of funding, availability of space, and such other considerations the Department deems relevant, to be applied to determine whether a student is inappropriate for placement in a Consortium Discipline Alternative Program.

Approved July 21, 2008