AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO STUDENT ELOPEMENT FROM SCHOOL.

Plain English Breakdown

The official text states notification must happen if a student 'attempts or accomplishes' an elopement; the summary simplifies this to just 'elopement incident.'

Rules for Schools When Students with Plans Leave Without Permission

This law requires Delaware schools to notify parents on the same day a student with an IEP or 504 Plan leaves without permission and mandates yearly reviews of that behavior.

What This Bill Does

• Defines elopement as a student leaving the supervision of school staff without permission.
• Requires schools to notify parents or guardians on the same day an elopement incident occurs for students with IEPs or 504 Plans.
• Mandates that IEP or 504 teams review a student's elopement behavior at least once each year.
• Asks teams to decide if the student's education plan needs changes based on these reviews.
• Requires all schools to create policies and procedures to follow these new rules.

Who It Names or Affects

• Delaware public schools
• Students with Individual Education Programs (IEPs)
• Students with Section 504 Plans
• Parents or guardians of students who elope

Terms To Know

Elopement

The act of a student leaving the supervision of school staff without permission.

IEP (Individual Education Program)

An individualized education program as defined under federal law for students with disabilities.

504 Plan

A formal educational plan for students with disabilities defined by the Rehabilitation Act of 1973.

Limits and Unknowns

• The law does not specify penalties if a school fails to notify parents on time.
• The exact date the law becomes active depends on when it is officially signed into law, as it takes effect July 1 following enactment.

Official Summary Text

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO STUDENT ELOPEMENT FROM SCHOOL.
This Act provides guidelines for Delaware schools in addressing elopement of students with IEPs and 504 Plans. This Act requires schools to notify the eloping student’s parent or guardian the same day as the elopement incident and requires that, once a year, the student’s IEP or 504 team review and address a student’s elopement behavior to determine if the IEP or 504 Plan should be adjusted.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Heffernan & Sen. Sturgeon

Reps. Burns, Griffith, K. Johnson, Morrison, Berry, Snyder-Hall; Sens. Hansen, Wilson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 358

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO STUDENT ELOPEMENT FROM SCHOOL.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter II, Chapter 31, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3114. Student Elopement from School.

(a) For the purposes of this section:

(1) “504” or “504 Plan” means a formal educational plan for students with disabilities as defined in Section 504 the Rehabilitation Act of 1973, 29 U.S.C. § 794.

(2) “Elopement” means the act of a student leaving the supervision of a school staff member who has responsibility for the student without permission.

(3) “IEP” or “Individual Education Program” means an individualized education program as defined under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400, et seq.

(4) “School campus” means the buildings and grounds of a school, including a playground.

(b) The school must notify a student’s parent or guardian when a student with an IEP or 504 Plan attempts or accomplishes an elopement.

T

he student’s parent or guardian must be notified of the elopement on the same day that the elopement incident occurs.

(c) At least once a year, the IEP or 504 team of the student must review the student’s elopement behavior and determine if the IEP or 504 Plan needs to be adjusted accordingly.

(d) All schools must develop policies and procedures to implement the requirements of this section.

Section 2. This Act takes effect on July 1 following its enactment into law.

SYNOPSIS

This Act provides guidelines for Delaware schools in addressing elopement of students with IEPs and 504 Plans. This Act requires schools to notify the eloping student’s parent or guardian the same day as the elopement incident and requires that, once a year, the student’s IEP or 504 team review and address a student’s elopement behavior to determine if the IEP or 504 Plan should be adjusted.