DelawareHB 79 w/ HA 2153rd General Assembly (2024–2026)HouseWALLET

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

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

Statewide reporting and parent notice rules

Beginning August 1, 2025, the Department of Education sets statewide rules for data, notice, and training. Schools must record every use of restraint or seclusion, with details like age, gender, race, ethnicity, and disability. Parents must be told quickly each time these actions are used. The Department may require a standard reporting form and must publish a yearly report by November 30 showing rates by school and student groups. Extra safeguards apply for students with disabilities, and state regulations are updated to match the new law.

Strict limits on student restraints and seclusion

Beginning August 1, 2025, public schools must follow strict limits on restraining students. Chemical restraints are banned. Mechanical restraint and seclusion are banned unless the Secretary of Education approves a narrow, student‑specific waiver with constant visual monitoring and notice to parents each time. Staff may use physical restraint only for an immediate risk of serious harm, and it must not block breathing, stop communication, or contradict a student’s IEP or plan. Staff must try less‑restrictive steps first, use only the force needed, and end the restraint when the danger ends. Therapeutic or safety devices used as intended are not restraints, and law‑enforcement officers are not counted as school personnel under these rules.

School police training and reporting rules

Beginning August 1, 2025, school police must meet new training and reporting rules. Officers who help with students with disabilities must get yearly awareness training that matches educator training and covers IEPs and behavior supports. They must also complete annual State Police SRO training or an equivalent course. Incident reports and family notices must match school staff rules and include a police report ID if one exists. Districts and charters cannot employ school police who do not meet these training rules.

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

Signed by Governor
7/30/2025Governor
Passed By Senate. Votes: 21 YES
6/25/2025Senate
Reported Out of Committee (Education) in Senate with 4 On Its Merits
5/15/2025Senate
Assigned to Education Committee in Senate
4/17/2025Senate
Passed By House. Votes: 29 YES 8 NO 4 ABSENT
4/17/2025House
Amendment HA 2 to HB 79 - Passed In House by Voice Vote
4/17/2025House
Amendment HA 1 to HB 79 - Stricken in House
4/17/2025House
Amendment HA 2 to HB 79 - Introduced and Placed With Bill
4/16/2025House
Reported Out of Committee (Education) in House with 6 Favorable, 3 On Its Merits
4/10/2025House
Amendment HA 1 to HB 79 - Introduced and Placed With Bill
4/8/2025House
Introduced and Assigned to Education Committee in House
3/18/2025House

Bill Text

Current
3/18/2025
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