LAW: CONTROLING DISRUPTIVE BEHAVIOR OF STUDENTS
§ 701 Authority of teachers and administrators to control the disruptive behavior of students.
(a) "Disruptive behavior" includes conduct that is so unruly, disruptive or abusive that it seriously interferes with a school
teacher's or school administrator's ability to communicate with the students in a classroom, with a student's ability to learn, or with
the operation of a school or a school- sponsored activity.
(b) While a student is entrusted in their care or supervision, public school teachers and administrators have the same authority to
control the behavior of the student and to discipline or punish the student as a parent, custodian, guardian or other person similarly
responsible for the care and supervision of the student except as provided in § 702. The authority includes removing a student
from a classroom or school-sponsored activity.
(c) When a teacher removes a student from a classroom or school-sponsored activity in an effort to control the student's disruptive
behavior, an on-site school administrator may, upon a written showing of good cause, override the teacher's decision to remove the
student from the classroom or school-sponsored activity. Before overriding a teacher's decision, the administrator shall strongly
presume that the teacher's decision to remove the student was reasonable and necessary under the circumstances.
(d) When a student is removed from a classroom or school-sponsored activity or is disciplined or punished pursuant to this section, the
principal or the principal's designee shall afford the student appropriate due process as required by the federal and State
constitutions.
(e) When a student is removed from a classroom or school-sponsored activity, the principal or the principal's designee and the removing
teacher shall determine if and when a student may be readmitted to the classroom or school- sponsored activity. If the teacher and
principal or principal's designee cannot agree, the superintendent or the superintendent's designee shall make the determination.
(f) When a teacher or school administrator removes a student from a classroom or school-sponsored activity or disciplines or punishes a
student, a rebuttable presumption exists that the teacher or administrator acted reasonably, in good faith, and in accordance with
State or local board of education policy. The burden of overcoming the presumption shall be upon the student.
(g) Each local board of education shall establish, adopt, publish and distribute to students in the district and their parents or
guardians policy or standards that:
(1) Specify the general circumstances under which a student may be removed from a classroom or school-sponsored activity, consistent
with a teacher's ultimate authority to determine disruptive behavior and to remove a student from a classroom or school-sponsored
activity; and
(2) Further define and/or provide examples of "disruptive behavior" set forth in subsection (a) of this section.
(h) A district shall not establish or adopt a policy or standards that prohibit the removal of a student from a classroom or
school-sponsored activity.
(i) No teacher who purports to have acted pursuant to the teacher's rights established by this section shall be found liable for civil
damages arising from that action unless that teacher's conduct shocks the conscience.
(14 Del. C. 1953, § 701; 57 Del. Laws, c. 383; 60 Del. Laws, c. 662, § 1; 72 Del. Laws, c. 236, § 1; 73 Del. Laws, c.
75, § 1; 74 Del. Laws, c. 17, § § 1-3.)
NOTES, REFERENCES, AND ANNOTATIONS
Revisor's note. -- Section 2 of 72 Del. Laws, c. 236, provides: "If any provision of this Act or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect
without the invalid provision or application, and to that end the provisions of this Act are declared to be severable."
Effect of amendments. -- 72 Del. Laws, c. 236, effective July 30, 1999, rewrote the section.
73 Del. Laws, c. 75, effective June 28, 2001, rewrote (i).
74 Del. Laws, c. 17, effective Apr. 15, 2003, in (b), inserted "except as provided in § 702" at the end of the first sentence, in
the second sentence deleted "(1)" prior to "removing a student" and deleted "and (2) rendering corporal punishment where deemed
reasonable and necessary" at the end, and deleted the former third sentence; in (g), deleted former paragraph (2), regarding corporal
punishment, and renumbered former paragraph (3) as present paragraph (2); and deleted the former final sentence in (h).
14 Del.C. § 701, DE ST TI 14 § 701