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Bill

HB 79

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

153rd General Assembly (2025-2026) Introduced by Mara Gorman and 7 co-sponsors

Delaware restricts school use of student seclusion and restraint by requiring emergency justification, parental notice, and documented alternatives.

Signed by Governor
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Bill Summary · HB 79

Legislative bill overview

HB 79 amends Delaware's education code to establish stricter limitations on when school personnel can use physical restraint and seclusion on students. The bill creates new requirements for documentation, parental notification, and conditions under which these interventions are permitted, particularly affecting students with disabilities and behavioral needs.

Why is this important

Seclusion and restraint in schools have documented physical and psychological risks to students, with research showing disproportionate use on students with disabilities and students of color. This legislation aims to reduce harmful practices while maintaining school safety by requiring alternatives and greater oversight of when these measures can be used.

Potential points of contention

  • Scope of "emergency" definitions: Disagreement over what constitutes a true emergency justifying restraint/seclusion versus behavioral situations that should use alternative interventions
  • Implementation burden on schools: Concerns about whether new documentation and notification requirements create administrative burden, particularly in under-resourced districts, or improve accountability
  • Balancing safety and restrictions: Tension between disability rights advocates wanting maximum restrictions and school administrators arguing they need flexibility to respond to dangerous situations involving students and staff

Compiled from official sources — confirm details with the bill’s official record.

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