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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2014

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I. Summary of the Evidence and Information Submitted
The Secretary of Education intends to amend Title 14 of the Delaware Administrative Code by adding a new regulation 14 DE Admin. Code 610 Limitations on Use of Seclusion and Restraint. This regulation is required by Senate Bill 100 of the 147th General Assembly.
Notice of the proposed regulation was published in the News Journal and the Delaware State News on June 7, 2014, in the form hereto attached as Exhibit “A”. Comments were received from Governor’s Advisory Council for Exceptional Citizens, State Council for Persons with Disabilities, and representatives from two of the special programs operating in Delaware. The Department considered all the comments and made changes as noted by the bold and bracketed language. These include but, are not limited to, clarification of the development of a uniform form for submission of a waiver and timeline for notification for waiver decisions. There were several comments with suggested changes that were in conflict with statutory language. A letter will be forthcoming to each of the entities that submitted comments.
II. Findings of Facts
The Secretary finds that it is appropriate to amend Title 14 of the Delaware Administrative Code by adding a new regulation 14 DE Admin. Code 610 Limitations on Use of Seclusion and Restraint. This regulation is required by Senate Bill 100 of the 147th General Assembly.
III. Decision to Amend the Regulation
For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 610 Limitations on Use of Seclusion and Restraint. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 610 Limitations on Use of Seclusion and Restraint attached hereto as Exhibit “B” is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 610 Limitations on Use of Seclusion and Restraint hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.
IV. Text and Citation
The text of 14 DE Admin. Code 610 Limitations on Use of Seclusion and Restraint amended hereby shall be in the form attached hereto as Exhibit “B”, and said regulation shall be cited as 14 DE Admin. Code 610 Limitations on Use of Seclusion and Restraint in the Administrative Code of Regulations for the Department of Education.
V. Effective Date of Order
The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on July 17, 2014. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.
IT IS SO ORDERED the 17th day of July 2014.
1.1 The purpose of these regulations is to establish standards and procedures for the use of physical restraint, [chemical restraint,] mechanical restraint, and seclusion to provide safety for all individuals. The regulations set forth permitted and prohibited uses of restraint and seclusion, required training for public school, private program, or alternative program personnel, required documentation and reporting of incidents of restraint and seclusion, required notification to parents, and waiver procedures for individual students.
Alternative program" means a program established pursuant to 14 Del.C. Ch. 16.
Chemical restraintmeans a drug or medication used on a student to control behavior or restrict freedom of movement that is either not medically prescribed for the standard treatment of a student’s medical or psychiatric condition or not administered as prescribed. (Authority: 14 Del.C. §4112F(a)(1)).
Mechanical restraint means the application of any device or object that restricts a student’s freedom of movement or normal access to a portion of the body that the student cannot easily remove. “Mechanical restraint” does not include devices or objects used by trained school personnel, or used by a student, for the specific and approved therapeutic or safety purposes for which they were designed and, if applicable, prescribed, including the following:
(Authority: 14 Del.C. §4112F(a)(2))
Parent means:
a surrogate parent who has been appointed in accordance with 14 DE Admin. Code 926,19.0 or Section 639(a)(5) of the Act.
Physical restraint means a restriction imposed by a person that immobilizes or reduces the ability of a student to freely move arms, legs, body, or head. “Physical restraint” does not include physical contact that:
(Authority: 14 Del.C. §4112F(a)(3))
Principal" means the building principal, or the equivalent of the building principal, of any public school or charter school, or the building principal's designee.
Private programmeans a non-public school or program contracted by a school district or charter school.
Public school personnelmeans an employee or contractor of a public school district or charter school. “Public school personnel” does not include the following:
Seclusion means the involuntary confinement of a student alone in a room, enclosure, or space that is either locked or, while unlocked, physically disallows egress. The use of a “timeout” procedure during which a staff member remains accessible to the student shall not be considered “seclusion.” (Authority: 14 Del.C. §4112F(a)(5))
Studentmeans any individual enrolled in a Delaware public school or charter school, an alternative program pursuant to 14 Del.C. Ch. 16, or a private program pursuant to Title 14 Del.C., Chapter 31, Section 3124.
Timeout means a behavior management technique in which, to provide a student with the opportunity to reflect or regain self-control, a student is separated from others for a limited period in a setting that is not locked and the exit is not physically blocked by furniture, closed door held shut from outside, or other inanimate object. (Authority: 14 Del.C. §4112F(a)(6))
"Written report" means printed paper filings and electronic filings that can be printed.
3.1.2 Subject to waiver authorized by 14 Del.C. §4112F(c)(4) and Section 8.0, mechanical restraint and seclusion.
(Authority: 14 Del.C. §4112F(b))
4.1 Except as provided in 14 Del.C. §702(c), a student may be physically restrained only by public school personnel, private program personnel, or alternative program personnel who have [received completed] training in physical restraint procedures.
4.1.1 Such personnel shall receive annual training in the use of [emergency safety interventions crisis prevention and intervention techniques] consistent with nationally-recognized training programs, which shall meet the following minimum requirements:
6.1.2 The school principal must provide a [Ww]ritten report, in a uniform format as determined by the Department, of the restraint to the Department within seventy-two (72) hours of the restraint, or within seventy-two (72) hours of the time in which the student’s district or charter school of residence receives notice of the restraint from the contracted private program or alternative program, whichever the case may be; and
Last Updated: December 31 1969 19:00:00.
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