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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMay 2018

Regulatory Flexibility Act Form

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14 DE Admin. Code 610
The Secretary of Education intends to amend 14 DE Admin. Code 610 Limitations on Use of Seclusion and Restraint. This regulation is being amended to align with House Bill 142 of the 149th General Assembly which requires the regulation be amended to include improved guidelines for school districts regarding the training of School Resource Officers (SRO) and their duties when interacting with students with disabilities. In accordance with the statute, the Department of Education collaborated with the Governor's Advisory Council for Exceptional Citizens to update this regulation.
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:
restraints Restraints for medical immobilization;
adaptive Adaptive devices or mechanical supports used to allow greater freedom of movement stability than would be possible without use of such devices or mechanical supports;
vehicle Vehicle safety restraints when used as intended during the transport of a student in a moving vehicle;
instruction Instruction and use of restraints as part of a criminal justice or other course; or
notwithstanding Notwithstanding their design for other purposes, adaptive use of benign devices or objects, including mittens and caps, to deter self-injury.
(Authority: 14 Del.C. §4112F(a)(2))
Parent means:
a A biological or adoptive parent of a child;
a A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State);
an An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives and for whom a Relative Caregiver’s School Authorization executed in compliance with 14 Del.C. §202(f)(1) is on file;
an An individual who is otherwise legally responsible for the child's welfare; or
a 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:
helps Helps a student respond or complete a task;
is Is needed to administer an authorized health-related service or procedure; or
is Is needed to physically escort a student when the student does not resist or the student’s resistance is minimal.
(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:
a A law enforcement officer as defined in § 9200(b) of Title 11; unless the law enforcement officer meets the definition of a School Resource Officer/SRO; or
an An employee or contractor providing educational services within a Department of Correction or Division of Youth Rehabilitative Services facility.(Authority: 14 Del.C. §4112F(a)(4))
"School Resource Officer (SRO)" means a contractor, subcontractor or employee of a public school district or charter school who is a sworn law enforcement officer as defined in 11 Del.C. §9200.
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 completed training in physical restraint procedures.
9.4 Nothing within this regulation or contained within 14 Del.C. §4112F shall be interpreted as creating any additional restrictions on the sworn authority of law enforcement officers or their ability to carry out their required sworn duty.
Last Updated: December 31 1969 19:00:00.
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