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DE SB100

Bill

Status

Passed

6/26/2013

Primary Sponsor

David Sokola

Click for details

Origin

Senate

147th General Assembly

AI Summary

  • Prohibits public school personnel from using chemical restraint and mechanical restraint/seclusion on students, except through waivers issued by the Secretary of Education based on compelling justification.

  • Permits physical restraint only when a student's behavior presents significant and imminent risk of bodily harm to self or others, with requirements that less restrictive interventions be attempted first and restraint conform to standards including not interfering with communication or breathing.

  • Requires the Department of Education to promulgate regulations including uniform data collection on physical restraint use by school with demographic information, timely parental notice requirements, and special procedures for students with disabilities.

  • Mandates the Department of Education issue an annual report on physical restraint usage rates by school and demographic subcategories, identifying trends and analyzing results.

  • Becomes effective July 1, 2014 or one year after enactment, whichever is later.

Legislative Description

An Act To Amend Title 14 Of The Delaware Code Relating To Use Of Seclusion And Restraint In Public Schools.

Last Action

Signed by Governor

6/26/2013

Committee Referrals

Health & Human Development6/11/2013
Education6/4/2013

Full Bill Text

No bill text available