HB3975ham001 101ST GENERAL ASSEMBLY

Rep. Jonathan Carroll

Filed: 2/11/2020

10100HB3975ham001 LRB101 15600 CMG 67252 a

AMENDMENT TO HOUSE BILL 3975

AMENDMENT NO. ______. Amend House Bill 3975 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Sections 2-3.130, 10-20.33, and 34-18.20 as follows:

(105 ILCS 5/2-3.130)

Sec. 2-3.130. Time out and physical restraint rules. The State Board of Education shall promulgate rules governing the use of time out and physical restraint in the public schools. The rules shall include provisions prohibiting seclusion as provided under Sections 10-20.33 and 34-18.20 and governing recordkeeping that is required when physical restraint or more restrictive forms of time out are used.

(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)

(105 ILCS 5/10-20.33)

Sec. 10-20.33. Seclusion Time out and physical restraint.

(a) It is the policy of this State to treat with dignity and respect all students, including students with disabilities who receive special education services under Article 14, and that a student, including a student with a disability who receives special education services under Article 14, may not be confined in an enclosed space, including, but not limited to, a box, a closet, a room, or any other locked or unlocked space, regardless of whether the space was specially designated or utilized as either a discipline management practice or a behavior management technique.

In this subsection (a), "seclusion" means a discipline management practice or behavior management technique in which a student is confined in an enclosed space that is designed solely to seclude a person, regardless of space or dimension, whether it is a box, a closet, a room, or any other specially designated locked or unlocked space.

A school district employee or volunteer or an independent contractor of a school district, including, but not limited to, any agent acting on behalf or at the direction of a school district employee or volunteer or independent contractor of a school district, may not place a student in seclusion. This subsection (a) does not apply to the use of seclusion in a court-ordered placement, other than a placement in an educational program of a school district, or in a placement or facility to which other laws or rules apply. Until rules are adopted under Section 2-3.130 of this Code, the use of any of the following rooms or enclosures for time out purposes is prohibited:

(1) a locked room other than one with a locking mechanism that engages only when a key or handle is being held by a person;

(2) a confining space such as a closet or box;

(3) a room where the student cannot be continually observed; or

(4) any other room or enclosure or time out procedure that is contrary to current guidelines of the State Board of Education.

(b) The use of physical restraints is prohibited except as provided by rules adopted under Section 2-3.130 of this Code. The rules shall include provisions requiring that whenever when (i) the student poses a physical risk to himself, herself, or others, (ii) there is no medical contraindication to its use, and (iii) the staff applying the restraint have been trained in its safe application. For the purposes of this Section, "restraint" does not include momentary periods of physical restriction by direct person-to-person contact, without the aid of material or mechanical devices, accomplished with limited force and that are designed (i) to prevent a student from completing an act that would result in potential physical harm to himself, herself, or another or damage to property or (ii) to remove a disruptive student who is unwilling to voluntarily leave the area. The use of physical restraints that meet the requirements of this Section may be included in a student's individualized education plan where deemed appropriate by the student's individualized education plan team. Whenever physical restraints are used, school personnel shall fully document the incident, including the events leading up to the incident, the type of restraint used, the length of time the student is restrained, and the staff involved. The parents or guardian of a student shall be informed whenever physical restraints are used.

(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)

(105 ILCS 5/34-18.20)

Sec. 34-18.20. Seclusion Time out and physical restraint.

(a) It is the policy of this State to treat with dignity and respect all students, including students with disabilities who receive special education services under Article 14, and that a student, including a student with a disability who receives special education services under Article 14, may not be confined in an enclosed space, including, but not limited to, a box, a closet, a room, or any other locked or unlocked space, regardless of whether the space was specially designated or utilized as either a discipline management practice or a behavior management technique.

In this subsection (a), "seclusion" means a discipline management practice or behavior management technique in which a student is confined in an enclosed space that is designed solely to seclude a person, regardless of space or dimension, whether it is a box, a closet, a room, or any other specially designated locked or unlocked space.

A school district employee or volunteer or an independent contractor of the school district, including, but not limited to, any agent acting on behalf or at the direction of a school district employee or volunteer or independent contractor of the school district, may not place a student in seclusion. This subsection (a) does not apply to the use of seclusion in a court-ordered placement, other than a placement in an educational program of the school district, or in a placement or facility to which other laws or rules apply. Until rules are adopted under Section 2-3.130 of this Code, the use of any of the following rooms or enclosures for time out purposes is prohibited:

(1) a locked room other than one with a locking mechanism that engages only when a key or handle is being held by a person;

(2) a confining space such as a closet or box;

(3) a room where the student cannot be continually observed; or

(4) any other room or enclosure or time out procedure that is contrary to current guidelines of the State Board of Education.

(b) The use of physical restraints is prohibited except as provided by rules adopted under Section 2-3.130 of this Code. The rules shall include provisions requiring that whenever when (i) the student poses a physical risk to himself, herself, or others, (ii) there is no medical contraindication to its use, and (iii) the staff applying the restraint have been trained in its safe application. For the purposes of this Section, "restraint" does not include momentary periods of physical restriction by direct person-to-person contact, without the aid of material or mechanical devices, accomplished with limited force and that are designed (i) to prevent a student from completing an act that would result in potential physical harm to himself, herself, or another or damage to property or (ii) to remove a disruptive student who is unwilling to voluntarily leave the area. The use of physical restraints that meet the requirements of this Section may be included in a student's individualized education plan where deemed appropriate by the student's individualized education plan team. Whenever physical restraints are used, school personnel shall fully document the incident, including the events leading up to the incident, the type of restraint used, the length of time the student is restrained, and the staff involved. The parents or guardian of a student shall be informed whenever physical restraints are used.

(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)

Section 99. Effective date. This Act takes effect upon becoming law.".