Restraint and Seclusion Laws in Delaware
What are the restraint and seclusion rules in Delaware?
Delaware has a specific regulation governing restraint and seclusion in schools: 14 Del. Admin. Code 611 (Physical Restraint and Seclusion in Schools). This regulation applies to all Delaware public schools and establishes strict requirements and prohibitions. Physical restraint is defined as any method that restricts a student's freedom of movement or limits normal access to the student's body. Seclusion is defined as the involuntary confinement of a student in a room or area from which the student is physically prevented from leaving. Physical restraint and seclusion may be used only when a student's behavior poses an imminent danger of physical harm to the student or others, and only as a last resort when less restrictive interventions have failed or are deemed insufficient (14 Del. Admin. Code 611 § 3.0). Prone (face-down) restraints that restrict breathing are prohibited (14 Del. Admin. Code 611 § 3.1(b)). Every instance of restraint or seclusion must be documented and reported to parents on the same day it occurs (14 Del. Admin. Code 611 § 5.0). Repeated use of restraint or seclusion must trigger a review of the student's behavior supports and IEP (14 Del. Admin. Code 611 § 6.0).
What Delaware Requires
Physical restraint and seclusion may be used ONLY when a student's behavior poses an imminent danger of physical harm to the student or others, and only as a last resort (14 Del. Admin. Code 611 § 3.0).
Prone (face-down) restraints that restrict breathing or place weight on the chest, back, or neck are PROHIBITED (14 Del. Admin. Code 611 § 3.1(b)).
Seclusion — involuntary confinement in a space from which a student is physically prevented from leaving — is subject to the same imminent-danger standard and last-resort requirement as physical restraint (14 Del. Admin. Code 611 § 3.0).
Restraint and seclusion may NEVER be used as punishment, discipline, convenience, or in response to property destruction alone — only imminent physical harm justifies use (14 Del. Admin. Code 611 § 3.1(a)).
Every incident of restraint or seclusion must be documented in writing immediately after the incident and reported to the parent or guardian on the same calendar day it occurs (14 Del. Admin. Code 611 § 5.0).
Repeated or multiple instances of restraint or seclusion must trigger a review of the student's behavioral supports and, for students with IEPs, a review or revision of the IEP and behavior intervention plan (14 Del. Admin. Code 611 § 6.0).
Staff who administer physical restraint must be trained in approved crisis intervention and de-escalation techniques (14 Del. Admin. Code 611 § 4.0).
Key Timelines
Parents must be notified of each restraint or seclusion incident on the same calendar day it occurs (14 Del. Admin. Code 611 § 5.0).
Written documentation of each incident must be completed immediately after the incident (14 Del. Admin. Code 611 § 5.0).
Repeated incidents must trigger an IEP/behavior support review within a reasonable time, per DDOE guidance under 14 Del. Admin. Code 611 § 6.0.