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

Plain English Breakdown

The official source does not provide details on enforcement mechanisms or consequences for non-compliance, leaving these aspects uncertain.

Rules for Schools When Students with Special Plans Leave Without Permission

This act updates Delaware's laws about how schools must handle students who leave school without permission and have special education plans.

What This Bill Does

• Requires schools to notify a student’s parent or guardian the same day if their child leaves school without permission and has an IEP or 504 Plan.
• Needs the IEP or 504 team of the student to review the student's elopement behavior at least once a year and determine if the IEP or 504 Plan needs adjustment.
• Requires all Delaware schools to develop policies and procedures for handling these incidents.

Who It Names or Affects

• Students who leave school without permission and have IEPs or 504 Plans.
• Parents or guardians of students with IEPs or 504 Plans who leave school without permission.
• School staff responsible for handling student elopement incidents.

Terms To Know

IEP

An Individualized Education Program, a plan that helps students with disabilities get the support they need in school.

504 Plan

A plan for students who have disabilities but do not qualify for an IEP. It makes sure these students can participate fully in school activities.

Limits and Unknowns

• The bill does not specify the consequences if schools fail to comply with the new rules.
• It is unclear how this act will be enforced or monitored by state officials.

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.