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DelawareHB 79153rd General Assembly (2024–2026)House

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO LIMITATIONS ON THE USE OF SECLUSION AND RESTRAINT.

Sponsored By: Eric Morrison (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Parents get notice of school restraints

Beginning August 1, 2025, Delaware's education department must set restraint and seclusion rules requiring timely parent or guardian notice after each use. The rules must include disability safeguards and address recommended or required training for school staff. Schools must record each incident, including age, gender, race, ethnicity, and disability category. The department may require a standard reporting form and electronic or paper reporting. By November 30 each year, the department must publish a statewide report with school-level rates, student subgroups, trends, and analysis. The report must reach legislative leaders, school governing bodies, and other stakeholders.

Stronger safeguards when schools restrain students

Beginning August 1, 2025, Delaware public school staff may physically restrain students only for significant, imminent risks of bodily harm. Less restrictive steps must have failed, except in a rare, clearly unavoidable emergency requiring immediate action to prevent harm. Staff cannot block breathing or communication in the student's primary language or communication method. They cannot place weight or pressure on the head, throat, or neck, or recklessly worsen known medical or physical conditions. Restraint cannot conflict with a student's disability education, behavior, accommodation, or other agreed support plans. Staff must use only necessary, legally allowed force and follow education department rules. Restraint must stop when the danger ends or a medical condition makes continuing harmful.

School restraint bans have limited exceptions

Beginning August 1, 2025, Delaware public school staff cannot use chemical restraint on students. Mechanical restraint and seclusion require a student-specific waiver from the education secretary, with compelling reasons and compliance with federal law. Each use under a waiver requires continuous visual staff monitoring and notice to the parent or guardian. Mechanical restraint covers devices that restrict movement or access to body parts and cannot be easily removed. Exceptions cover properly used medical, behavioral, adaptive, therapeutic, vehicle, and activity-related supports, plus appropriate mittens or caps that deter self-injury. Brief escorts with no or minimal resistance, task assistance, and properly used routine health supports are excluded from physical restraint. School resource officers and correctional education employees or contractors are excluded from the public school personnel definition.

School officers need yearly disability training

Beginning August 1, 2025, covered school resource officers must receive yearly school-provided training before assisting or intervening with students with disabilities. This includes students protected by federal special education, Section 504, or Americans with Disabilities Act rules. Training must cover student protection, health, support plans, behavior assessments, and the officer's contracted duties. Covered officers must also complete yearly State Police training or equivalent training from their employing police department. Districts and charter schools cannot use covered officers who fail these training requirements. Covered incidents must follow school staff reporting and family notice standards, including a police report identification number when a report exists.

Sponsors & Cosponsors

Sponsor

  • Eric Morrison

    Democratic • House

Cosponsors

  • Frank Burns

    Democratic • House

  • Mara Gorman

    Democratic • House

  • Krista Griffith

    Democratic • House

  • Larry Lambert

    Democratic • House

  • S. Elizabeth Lockman

    Democratic • Senate

  • Melanie Ross Levin

    Democratic • House

  • Sherae'a Moore

    Democratic • House

  • David P. Sokola

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 50 • No: 8

Senate vote • 6/25/2025

Passed (SM required)

Yes: 21 • No: 0

House vote • 4/17/2025

Passed (SM required)

Yes: 29 • No: 8

Actions Timeline

  1. Signed by Governor

    7/30/2025Governor

  2. Passed By Senate. Votes: 21 YES

    6/25/2025Senate

  3. Reported Out of Committee (Education) in Senate with 4 On Its Merits

    5/15/2025Senate

  4. Assigned to Education Committee in Senate

    4/17/2025Senate

  5. Passed By House. Votes: 29 YES 8 NO 4 ABSENT

    4/17/2025House

  6. Amendment HA 2 to HB 79 - Passed In House by Voice Vote

    4/17/2025House

  7. Amendment HA 1 to HB 79 - Stricken in House

    4/17/2025House

  8. Amendment HA 2 to HB 79 - Introduced and Placed With Bill

    4/16/2025House

  9. Reported Out of Committee (Education) in House with 6 Favorable, 3 On Its Merits

    4/10/2025House

  10. Amendment HA 1 to HB 79 - Introduced and Placed With Bill

    4/8/2025House

  11. Introduced and Assigned to Education Committee in House

    3/18/2025House

Bill Text

  • Current

    3/18/2025

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