An Act To Amend Title 14 Of The Delaware Code Relating To Limitations On The Use Of Seclusion And Restraint.
HB79 amends Delaware’s education code to tighten and clarify limits on the use of seclusion and restraint in public schools. The bill defines and distinguishes chemical restraint, mechanical restraint, physical restraint, seclusion, and related exceptions, and it generally prohibits public school personnel from using chemical restraint and, except in limited circumstances, mechanical restraint and seclusion. Physical restraint remains allowed only when a student’s behavior presents a significant and imminent risk of bodily harm to self or others, and only if a series of safety conditions are met, including limits on force, breathing, communication, and compatibility with a student’s disability-related plans.
The bill also expands the Department of Education’s oversight role. It requires regulations, standardized data collection, parental notice, special safeguards for students with disabilities, staff training, and an annual public report on restraint and seclusion incidents. In addition, it creates a separate training and reporting framework for school resource officers who may intervene with students, especially students with disabilities, and bars schools from using SROs who do not complete the required training. The act takes effect August 1, 2026.
HB79 would amend Title 14 of the Delaware Code, specifically Section 4112F, to impose stricter statewide rules on restraint and seclusion in public schools and to formalize reporting and training obligations. It affects public school districts, charter schools, school personnel, school resource officers, and the Department of Education, while also intersecting with disability-law protections under IDEA, Section 504, and the ADA. The bill requires the Department of Education to promulgate implementing regulations, collect and analyze incident data, and issue annual reports, thereby increasing state oversight and transparency around student restraint practices.
The voting history suggests the bill had broad legislative support, passing the House 29-8 and the Senate 20-0. That pattern indicates generally favorable sentiment toward limiting restraint and seclusion and improving safeguards for students, especially students with disabilities. The absence of committee transcript material limits insight into detailed debate, but the strong final votes suggest the measure was viewed as a child-safety and accountability bill rather than a controversial policy change.
The main points of contention likely center on the practical limits the bill places on school discipline and emergency intervention, especially the prohibition on chemical restraint and the near-ban on mechanical restraint and seclusion. Another likely issue is the added compliance burden on schools and school resource officers, including training, reporting, and data-collection requirements, as well as the requirement that SROs receive specialized instruction on disability-related supports and behavior plans. The bill also creates a narrow waiver process for mechanical restraint and seclusion, which may reflect a compromise between advocates seeking stronger protections and those concerned about preserving flexibility in rare emergencies.