2.0 Definitions

• The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:

• "School Resource Officer (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.

9.0 School Resource Officer (SRO) Training

• 9.1 A SRO shall annually receive the following awareness level training from the school district or charter school in which they are assigned:

• 9.1.1 Training which is consistent with that which is required of other public school personnel within their school district or charter school for disability awareness and behaviors that may manifest as a result of disabilities;

• 9.1.2 Best practices for de-escalation techniques utilized in the school setting;

• 9.1.3 Current information on the intervention decisions and techniques used by school personnel within the school setting;

• 9.1.4 Such other training as is necessary to protect the health and well-being of students with disabilities, including students with Individualized Education Programs (IEP) who enroll after the beginning of the school year, which shall include basic awareness training specific to IEPs, functional behavior assessments and Behavior Support Plans;

• 9.1.5 A SRO shall participate in the annual SRO training provided by the Delaware State Police or equivalent training provided by the police agency employing the SRO.

• 9.2 The training outline in this regulation shall include reference to how it relates to the duties and responsibilities of a SRO as outlined in the Memorandum of Agreement between the school district or charter school and the police agency employing the SRO as required under Regulation 601.

• 9.3 Prior to the start of each school year, or as soon as practical, but no later than 30 calendar days after the first student day of school, a representative of each school building shall meet with the SRO assigned to that school in order to be familiarized with behaviors related to disabilities that may occur in the school and typical responsive actions that may be taken by school personnel in that school.

• 9.4 Nothing within this regulation or contained within 14 Del.C. §4112F shall be interpreted as creating any additional restrictions on the sworn authority of law enforcement officers or their ability to carry out their required sworn duty.

(c)  Department of Education role; regulations. --

• (1) The Department of Education shall promulgate regulations implementing this section. Such regulations shall include, but not be limited to, the following:
  • a. Requirement of uniform public school data collection on each use of physical restraint, by school, which includes demographic information on affected students such as age, gender, race, ethnicity, and disability category, if any;
  • b. Requirement of timely parental notice in event of use of physical restraint;
  • c. Special procedures and safeguards applicable to use of physical restraint for students with disabilities as defined in Chapter 31 of this title or 34 C.F.R. Part 104; and
  • d. Recommended or required training of public school personnel in implementing this section.
• (2) To facilitate data collection and analysis, the Department of Education may adopt a uniform reporting document and may require reporting of data in a standardized electronic or nonelectronic format.
• (3) The Department of Education shall issue an annual report on use of physical restraint which includes rates of usage by school and by subcategories identified in paragraph (c)(1)a. of this section, identifies trends, and analyzes significant results.
• (4) Unless proscribed by federal law, the Secretary of Education may issue a waiver of the prohibition on mechanical restraint and seclusion for an individual student based on compelling justification and subject to specific conditions and safeguards which must include a requirement of continuous visual staff monitoring and parental notice of each use of mechanical restraint or seclusion.