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Committee advances elopement-notification bill after advocates seek broader scope and clearer definitions
Summary
HB 358 would require same-day notification to parents when a student with an IEP or 504 plan elopes and mandate annual team review of elopement behavior; the committee released the bill while directing sponsors to work with Autism Delaware, DOE and advocates to clarify scope (preschool, field trips, afterschool) and implementation details.
Representative Heffernan told the committee HB 358 was inspired by a 2024 child drowning and Maryland's ACES law. "What this HB 358 does is...adopts a similar policy requiring schools to notify a parent or guardian when a student with an IEP or 504 plan attempts or completes elopement, to notify them the same day," Heffernan said.
Heffernan said the bill would also require IEP or 504 teams to review elopement behavior at least once a year and consider whether behavior plans should be adjusted. He cited national statistics on wandering among some students with autism and framed the bill as a safety measure to equip families and school staff with information.
Kathy Stephan of the Department of Education told the committee that, while most local education agencies (LEAs) have elopement policies as a best practice, it is not currently a statutory requirement for all LEAs. Susan Brown of the Delaware Association of School Administrators urged care in drafting so the bill "streamlines rather than duplicates" existing federal IEP and 504 processes and recommended clear definitions to avoid overburdening staff and families.
Sarah McGuire of Autism Delaware said the organization supports the bill's intent but not its current form, urging clarification on scope (including preschool, field trips, after-school programs) and staff training, and recommending consideration of applying protections more broadly than only to students with IEPs or 504 plans.
Committee members and the sponsor agreed to work with DOE and advocates before floor consideration. A motion to release HB 358 passed on roll-call.
Next steps: The sponsor committed to meet with Autism Delaware and DOE to refine definitions and implementation language before the bill proceeds further.
