14 Del. Admin. Code § 610-6.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 610-6.0 - Uniform Data Collection

6.1 When an incident of physical restraint of a student by public school personnel, private program personnel, and charter school personnel occurs:

6.1.1 As soon as practicable thereafter, a reasonable attempt shall be made to interview the student regarding the incident; and

6.1.2 The school principal or charter school leader must provide a written report, in a uniform format as determined by the Department of Education, of the restraint to the Department of Education within 72 hours of the restraint, or within 72 hours of the time in which the student's district or charter school of residence receives notice of the restraint from the contracted private program or alternative program, whichever the case may be; and

6.1.3 The written report shall include, at a minimum:

6.1.3.1 Details of the restraint incident, including, but not limited to, the student behavior and description of events leading to the use of physical restraint; de-escalation techniques utilized by school personnel prior to the restraint; a description of the student's behavior during the restraint; a summary of witness interviews, if applicable; any injury caused to the student, staff members, or other students; and any related treatment deemed necessary as a result of the restraint.

6.1.3.2 Demographic information on affected students to include age, race, ethnicity, and disability category;

6.1.3.3 A description of the interview conducted with the student, if applicable; and

6.1.3.4 If applicable, a description of changes to any or all of the following that resulted from the restraint incident:

6.1.3.4.1 For a student with a disability as defined in 14 Del.C., Chapter 31 or 34 C.F.R. Part 104, the student's IEP, behavioral support, crisis intervention plan, accommodation plan, or any other planning document for the individual student;

6.1.3.4.2 School or local educational agency policy or procedure; or

6.1.3.4.3 Additional staff training.

14 Del. Admin. Code § 610-6.0

26 DE Reg. 472 (12/1/2022) (final)