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91_SB1168enr
SB1168 Enrolled LRB9106162NTcd
1 AN ACT to amend the School Code by adding Sections
2 2-3.126, 10-20.31, and 34-18.18 and changing Section 14-8.05.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by adding Sections
6 2-3.126, 10-20.31, and 34-18.18 and changing Section 14-8.05
7 as follows:
8 (105 ILCS 5/2-3.126 new)
9 Sec. 2-3.126. Time out and physical restraint rules. The
10 State Board of Education shall promulgate rules governing the
11 use of time out and physical restraint in the public schools.
12 The rules shall include provisions governing recordkeeping
13 that is required when physical restraint or more restrictive
14 forms of time out are used.
15 (105 ILCS 5/10-20.31 new)
16 Sec. 10-20.31. Time out and physical restraint. Until
17 rules are adopted under Section 2-3.126 of this Code, the use
18 of any of the following rooms or enclosures for time out
19 purposes is prohibited:
20 (1) a locked room other than one with a locking
21 mechanism that engages only when a key or handle is being
22 held by a person;
23 (2) a confining space such as a closet or box;
24 (3) a room where the student cannot be continually
25 observed; or
26 (4) any other room or enclosure or time out
27 procedure that is contrary to current guidelines of the
28 State Board of Education.
29 The use of physical restraints is prohibited except when
30 (i) the student poses a physical risk to himself, herself, or
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1 others, (ii) there is no medical contraindication to its use,
2 and (iii) the staff applying the restraint have been trained
3 in its safe application. For the purposes of this Section,
4 "restraint" does not include momentary periods of physical
5 restriction by direct person-to-person contact, without the
6 aid of material or mechanical devices, accomplished with
7 limited force and that are designed (i) to prevent a student
8 from completing an act that would result in potential
9 physical harm to himself, herself, or another or damage to
10 property or (ii) to remove a disruptive student who is
11 unwilling to voluntarily leave the area. The use of physical
12 restraints that meet the requirements of this Section may be
13 included in a student's individualized education plan where
14 deemed appropriate by the student's individualized education
15 plan team. Whenever physical restraints are used, school
16 personnel shall fully document the incident, including the
17 events leading up to the incident, the type of restraint
18 used, the length of time the student is restrained, and the
19 staff involved. The parents or guardian of a student shall
20 be informed whenever physical restraints are used.
21 (105 ILCS 5/14-8.05) (from Ch. 122, par. 14-8.05)
22 Sec. 14-8.05. Behavioral intervention.
23 (a) The General Assembly finds and declares that
24 principals and teachers of students with disabilities require
25 training and guidance that provide ways for working
26 successfully with children who have difficulties conforming
27 to acceptable behavioral patterns in order to provide an
28 environment in which learning can occur. It is the intent of
29 the General Assembly:
30 (1) That when behavioral interventions are used,
31 they be used in consideration of the pupil's physical
32 freedom and social interaction, and be administered in a
33 manner that respects human dignity and personal privacy
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1 and that ensures a pupil's right to placement in the
2 least restrictive educational environment.
3 (2) That behavioral management plans be developed
4 and used, to the extent possible, in a consistent manner
5 when a local educational agency has placed the pupil in a
6 day or residential setting for education purposes.
7 (3) That a statewide study be conducted of the use
8 of behavioral interventions with students with
9 disabilities receiving special education and related
10 services.
11 (4) That training programs be developed and
12 implemented in institutions of higher education that
13 train teachers, and that in-service training programs be
14 made available as necessary in school districts, in
15 educational service centers, and by regional
16 superintendents of schools to assure that adequately
17 trained staff are available to work effectively with the
18 behavioral intervention needs of students with
19 disabilities.
20 (b) On or before September 30, 1993, the State
21 Superintendent of Education shall conduct a statewide study
22 of the use of behavioral interventions with students with
23 disabilities receiving special education and related
24 services. The study shall include, but not necessarily be
25 limited to identification of the frequency in the use of
26 behavioral interventions; the number of districts with
27 policies in place for working with children exhibiting
28 continuous serious behavioral problems; how policies, rules,
29 or regulations within districts differ between emergency and
30 routine behavioral interventions commonly practiced; the
31 nature and extent of costs for training provided to personnel
32 for implementing a program of nonaversive behavioral
33 interventions; and the nature and extent of costs for
34 training provided to parents of students with disabilities
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1 who would be receiving behavioral interventions. The scope
2 of the study shall be developed by the State Board of
3 Education, in consultation with individuals and groups
4 representing parents, teachers, administrators, and
5 advocates. On or before June 30, 1994, the State Board of
6 Education shall issue guidelines based on the study's
7 findings. The guidelines shall address, but not be limited
8 to, the following: (i) appropriate behavioral interventions,
9 and (ii) how to properly document the need for and use of
10 behavioral interventions in the process of developing
11 individualized education plans for students with
12 disabilities. The guidelines shall be used as a reference to
13 assist school boards in developing local policies and
14 procedures in accordance with this Section. The State Board
15 of Education, with the advice of parents of students with
16 disabilities and other parents, teachers, administrators,
17 advocates for persons with disabilities, and individuals with
18 knowledge or expertise in the development and implementation
19 of behavioral interventions for persons with disabilities,
20 shall review its behavioral intervention guidelines at least
21 once every 3 years to determine their continuing
22 appropriateness and effectiveness and shall make such
23 modifications in the guidelines as it deems necessary.
24 (c) Each school board must establish and maintain a
25 committee to develop policies and procedures on the use of
26 behavioral interventions for students with disabilities who
27 require behavioral intervention. The policies and procedures
28 shall be adopted and implemented by school boards by January
29 1, 1996, shall be amended as necessary to comply with the
30 rules established by the State Board of Education under
31 Section 2-3.126 of this Code not later than one month after
32 commencement of the school year after the State Board of
33 Education's rules are adopted, and shall: (i) be developed
34 with the advice of parents with students with disabilities
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1 and other parents, teachers, administrators, advocates for
2 persons with disabilities, and individuals with knowledge or
3 expertise in the development and implementation of behavioral
4 interventions for persons with disabilities; (ii) emphasize
5 positive interventions that are designed to develop and
6 strengthen desirable behaviors; (iii) incorporate procedures
7 and methods consistent with generally accepted practice in
8 the field of behavioral intervention; (iv) include criteria
9 for determining when a student with disabilities may require
10 a behavioral intervention plan; (v) reflect that the
11 guidelines of the State Board of Education have been reviewed
12 and considered and provide the address of the State Board of
13 Education so that copies of the State Board of Education
14 behavioral guidelines may be requested; and (vi) include
15 procedures for monitoring the use of restrictive behavioral
16 interventions. Each school board shall (i) furnish a copy of
17 its local policies and procedures to parents and guardians of
18 all students with individualized education plans within 15
19 days after the policies and procedures have been adopted by
20 the school board, or within 15 days after the school board
21 has amended its policies and procedures, or at the time an
22 individualized education plan is first implemented for the
23 student, and (ii) require that each school inform its
24 students of the existence of the policies and procedures
25 annually. Provided, at the annual individualized education
26 plan review, the school board shall (1) explain the local
27 policies and procedures, (2) furnish a copy of the local
28 policies to parents and guardians, and (3) make available,
29 upon request of any parents and guardians, a copy of local
30 procedures.
31 (d) The State Superintendent of Education shall consult
32 with representatives of institutions of higher education and
33 the State Teacher Certification Board in regard to the
34 current training requirements for teachers to ensure that
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1 sufficient training is available in appropriate behavioral
2 interventions consistent with professionally accepted
3 practices and standards for people entering the field of
4 education.
5 (Source: P.A. 89-191, eff. 7-21-95; 90-63, eff. 7-3-97.)
6 (105 ILCS 5/34-18.18 new)
7 Sec. 34-18.18. Time out and physical restraint. Until
8 rules are adopted under Section 2-3.126 of this Code, the use
9 of any of the following rooms or enclosures for time out
10 purposes is prohibited:
11 (1) a locked room other than one with a locking
12 mechanism that engages only when a key or handle is being
13 held by a person;
14 (2) a confining space such as a closet or box;
15 (3) a room where the student cannot be continually
16 observed; or
17 (4) any other room or enclosure or time out
18 procedure that is contrary to current guidelines of the
19 State Board of Education.
20 The use of physical restraints is prohibited except when
21 (i) the student poses a physical risk to himself, herself, or
22 others, (ii) there is no medical contraindication to its use,
23 and (iii) the staff applying the restraint have been trained
24 in its safe application. For the purposes of this Section,
25 "restraint" does not include momentary periods of physical
26 restriction by direct person-to-person contact, without the
27 aid of material or mechanical devices, accomplished with
28 limited force and that are designed (i) to prevent a student
29 from completing an act that would result in potential
30 physical harm to himself, herself, or another or damage to
31 property or (ii) to remove a disruptive student who is
32 unwilling to voluntarily leave the area. The use of physical
33 restraints that meet the requirements of this Section may be
SB1168 Enrolled -7- LRB9106162NTcd
1 included in a student's individualized education plan where
2 deemed appropriate by the student's individualized education
3 plan team. Whenever physical restraints are used, school
4 personnel shall fully document the incident, including the
5 events leading up to the incident, the type of restraint
6 used, the length of time the student is restrained, and the
7 staff involved. The parents or guardian of a student shall
8 be informed whenever physical restraints are used.
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.
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