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DE SB242
Bill
Status
6/19/2012
Primary Sponsor
Earl Jaques
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AI Summary
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Prohibits public school personnel from using chemical restraint and mechanical restraint on students, and prohibits seclusion except as authorized by Department of Education waiver regulations.
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Allows physical restraint only when a student's behavior presents significant and imminent risk of serious bodily injury, with multiple safeguards including that less restrictive interventions must be ineffective and restraint cannot interfere with communication or breathing.
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Requires Department of Education to promulgate regulations including uniform data collection on physical restraint use by demographics (age, gender, race, ethnicity, disability status), parental notice requirements, and personnel training standards.
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Mandates the Department of Education to issue annual reports on physical restraint usage rates by school and demographic subcategories, identifying trends and analyzing significant results.
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Effective July 1, 2013 or one year after enactment, whichever is later; does not diminish other constitutional, statutory, or regulatory rights under federal or state law.
Legislative Description
An Act To Amend Title 14 Of The Delaware Code Relating To Use Of Seclusion And Restraint In Public Schools.
Last Action
Introduced and Assigned to Education Committee in House
6/20/2012