Hi Tina, I have questions/comments about 616 Uniform Due Process Procedures.

Please excuse any typos. I just found out about this regulation being updated. I am
getting ready to attend a civic meeting and I know the cut off time to submit
my comments and questions is today. When will someone get back to me about my
concerns? Thanks so much. -Kim
School Discipline Committee means a school-level committee consisting of appropriate school
personnel which meets to decide on student disciplinary action recommendations made by the Principal.

This is to vague, needs to be defined more. Who is on the committee should be

consistent across the state.
3.1.1.3 The preliminary investigation may involve meeting with the allegedly offending student or Parent.

This language needs to change, it should read SHALL.

3.1.3 The Principal shall confiscate any contraband which may be used for criminal/juvenile delinquency
proceedings, label it, and secure it in a locked area. Any confiscated contraband which may be used for
criminal/juvenile proceedings shall be turned over to the appropriate police agency. We need to put

some type of time on this, how long can a school hold evidence?
4.1.1.1 The student had prior opportunity to be informed of the established Student Code of Conduct
rules and/or regulations. How do you prove that this has happened?
5.2 Long-term Suspension
5.2.1 The Superintendent, in accordance with the rules of the district/charter school, shall have the
right to impose a Long-term Suspension on any student in the school who has violated the schools Student
Code of Conducts listed acts of misconduct as defined in 14 DE Admin. Code 614.3. The duration of the
Long-term Suspension shall not exceed the number of days in a school year for any single conduct violation
or combination of violations which occurred during a single disciplinary incident.

First point, the definition in place for superintendents really does not apply to
charter schools. Charter schools do not necessarily have someone higher in their school
like school districts have a superintendent. Charter schools have a leader, headmaster or
principal and that is it. So a charter principal could be handling everything, so this needs
to be changed. Secondly, charter schools do not have an alternate school to send
children to like Parkway, so what is the solution when a charter school expels a student
or issues a long term suspension? It states that a long term suspension shall not exceed
the number of days in a school year, isn't that really considered an expulsion. Where do
charter students go in a long term suspension, are they home bound? If so, how is that
really helping that child? The child may be home alone for an entire school year without
possible adult supervision, is that really what is best for a student?
5.4 When a student receives a Suspension from school (in or out-of-school), verbal notification to the
Parent shall be attempted by the Principal prior to the Suspension being served. Written notification of the
Suspension shall be given or sent to the Parent as soon as practical thereafter. The notification shall state
the cause and duration of the Suspension. I think it is extremely important for the family of the

student to be contacted, not attempted. They must be contacted.

7.3.1.2.1 If the decision is to assign to an Alternative Placement, the Superintendent shall send follow-up
written notice within three (3) business days to the Parent describing the circumstances which led to the

placement, identifying the Alternative Program to which the student is being assigned, and the conditions
which must be met in order for the student to return to the Regular School Program. Again, charters

do not have a superintendent, this process needs to be clear when it comes to discipline
of charter school students. You could potentially have the same person handling every
aspect of the disciplinary action and that is not a good policy to have.
10.2.3.2 The Principal shall have at least one other person present to take notes during the conference.

Who is going to make sure the parent and the student's rights are not violated?
Shouldn't they have someone available as well?
10.2.4 All documentation related to the recommendation for Expulsion shall be submitted to the
Superintendent within two (2) business days of the Building Level Conference or seven (7) business days
of the incident, whichever is sooner. Again charter schools do not have a superintendent, you

cannot have the same person at the charter school handling the entire process, it is not
transparent and could lead into issues down the road.
10.3 Expulsion Hearing
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.
Again, you cannot have the same charter person handling all of this, DOE could be a part of this since
charters do not have a superintendent.
10.3.9 The Superintendent presenting the case on the part of the district/charter school shall not testify.
Who will testify then since the charter has no superintendent and the person handling the case is probably
the same person who has handled everything? The charter leader or head master cannot perform the
principal duties and the superintendent duties. There should be checks and balances in place.
10.3.11.1 To be represented by counsel at the student's expense; What if the family has no funds, who
represents them, can an advocate?

10.3.11.4 To obtain, at the student's expense, a copy of the transcript of the hearing.

This should be

provided for free not an expense to student or family.

10.4.1.2 Prior to the commencement of any Board of Education meeting at which the recommendation
will be reviewed and voted upon, the Superintendent and the student and Parent may submit written
exceptions, comments, and arguments respecting the Hearing Officers recommendation. Again, same

concern about charters, they do not have superintendents.

Can a parent at any time have an advocate or an attorney with them and speak or their
behalf?
Thank you,

Representative Kim Williams

19th District
302-577-8476 Wilmington Office
302-744-4351 Dover Office
Kimberly.Williams@state.de.us
Facebook.com/KimWilliamsforStateRepresentative
Twitter: @kimwilliamsde