Bill > HB79

This bill amends Delaware's existing law on seclusion and restraint in public schools by establishing more comprehensive guidelines and reporting requirements for how school personnel and school resource officers (SROs) can use physical, mechanical, and seclusion interventions with students. The bill prohibits chemical restraint and generally restricts mechanical restraint and seclusion, allowing physical restraint only under specific conditions, such as when a student presents an imminent risk of bodily harm and less restrictive interventions have been ineffective. The legislation requires the Department of Education to develop uniform data collection procedures for tracking incidents of restraint and seclusion, including demographic information about affected students, and mandates an annual report detailing usage rates and trends. The bill also establishes specific training requirements for SROs working with students with disabilities, ensuring they receive annual awareness training about individualized education programs and behavior support plans. Additionally, the bill requires timely parental notification when restraint or seclusion is used and provides a mechanism for the Secretary of Education to issue waivers for mechanical restraint and seclusion in compelling circumstances, subject to strict monitoring and notification conditions. The law will take effect on August 1, 2026, giving schools and districts time to prepare for the new requirements.

Education

https://legis.delaware.gov/BillDetail?LegislationId=141954