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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJune 2014

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A. Type of Regulatory Action Required
B. Synopsis of Subject Matter of the Regulation
The Secretary of Education intends to amend Title 14 of the Delaware Administrative Code by adding 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.
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 training in physical restraint procedures.
Last Updated: December 31 1969 19:00:00.
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