14 Del. Admin. Code § 610-2.0
The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:
"Alternative program" means a program established pursuant to 14 Del.C. Ch. 16.
"Chemical restraint" means a drug or medication used on a student to control behavior or restrict freedom of movement that is either not medically prescribed for the standard treatment of a student's medical or psychiatric condition or not administered as prescribed. (Authority: 14 Del.C. § 4112F(a)(1)).
"Individualized Education Program" or "IEP" means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with Sections 7.0 through 11.0 of 14 DE Admin. Code 925.
"Mechanical restraint" means the application of any device or object that restricts a student's freedom of movement or normal access to a portion of the body that the student cannot easily remove. "Mechanical restraint" does not include devices or objects used by trained school personnel, or used by a student, for the specific and approved therapeutic or safety purposes for which they were designed and, if applicable, prescribed, including the following:
| * | Restraints for medical immobilization; |
| * | Adaptive devices or mechanical supports used to allow greater freedom of movement stability than would be possible without use of such devices or mechanical supports; |
| * | Vehicle safety restraints when used as intended during the transport of a student in a moving vehicle; |
| * | Instruction and use of restraints as part of a criminal justice or other course; or |
| * | Notwithstanding their design for other purposes, adaptive use of benign devices or objects, including mittens and caps, to deter self-injury. |
(Authority: 14 Del.C. § 4112F(a)(2))
"Parent" means:
| * | A biological or adoptive parent of a child; |
| * | A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State); |
| * | An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives and for whom a Relative Caregiver's School Authorization executed in compliance with 14 Del.C. § 202(f)(1) is on file; |
| * | An individual who is otherwise legally responsible for the child's welfare; or |
| * | A surrogate parent who has been appointed in accordance with Section 19.0 of 14 DE Admin. Code 926. |
The biological or adoptive parent, when attempting to act as the parent under these regulations, and when more than one party is qualified under this definition to act as a parent, must be presumed to be the parent for purposes of this definition unless the biological or adoptive parent does not have legal authority to make educational decisions for the child. If a judicial decree or order identifies a specific person or persons to act as the "parent" of a child, or to make educational decisions on behalf of a child, then such person or persons shall be determined to be the "parent" for purposes of this definition.
(Authority: 20 U.S.C. 1401(23); 14 Del.C. § 3110)
"Physical restraint" means a restriction imposed by a person that immobilizes or reduces the ability of a student to freely move arms, legs, body, or head. "Physical restraint" does not include physical contact that:
| * | Helps a student respond or complete a task; |
| * | Is needed to administer an authorized health-related service or procedure; or |
| * | Is needed to physically escort a student when the student does not resist or the student's resistance is minimal. (Authority: 14 Del.C. § 4112F(a)(3)) |
"Principal" means the building principal, or the equivalent of the building principal, of any public school or charter school, or the building principal's designee.
"Private program" means a non-public school or program contracted by a school district or charter school.
"Public school personnel" means an employee or contractor of a public school district or charter school. "Public school personnel" does not include the following:
| * | A law enforcement officer as defined in § 9200(b) of Title 11; unless the law enforcement officer meets the definition of a School Resource Officer/SRO; or |
| * | An employee or contractor providing educational services within a Department of Correction or Division of Youth Rehabilitative Services facility.(Authority: 14 Del.C. § 4112F(a)(4)) |
"School Resource Officer " or "SRO" means a contractor, subcontractor or employee of a public school district or charter school who is a sworn law enforcement officer as defined in 11 Del.C. § 9200.
"Seclusion" means the involuntary confinement of a student alone in a room, enclosure, or space that is either locked or, while unlocked, physically disallows egress. The use of a "timeout" procedure during which a staff member remains accessible to the student shall not be considered "seclusion." (Authority: 14 Del.C. § 4112F(a)(5))
"Student" means any individual enrolled in a Delaware public school or charter school, an alternative program pursuant to 14 Del.C. Ch. 16, or a private program pursuant to Title 14 Del.C. Chapter 31, Section 3124.
"Timeout" means a behavior management technique in which, to provide a student with the opportunity to reflect or regain self-control, a student is separated from others for a limited period in a setting that is not locked and the exit is not physically blocked by furniture, closed door held shut from outside, or other inanimate object. (Authority: 14 Del.C. § 4112F(a)(6))
"Written report" means printed paper filings and electronic filings that can be printed.
14 Del. Admin. Code § 610-2.0
26 DE Reg. 472 (12/1/2022) (final)