|
Sen. Ann Gillespie
Filed: 3/26/2024
| | 10300SB0458sam001 | | LRB103 02909 RJT 71215 a |
|
|
1 | | AMENDMENT TO SENATE BILL 458
|
2 | | AMENDMENT NO. ______. Amend Senate Bill 458 by replacing |
3 | | everything after the enacting clause with the following: |
4 | | "Section 5. The School Code is amended by changing |
5 | | Sections 2-3.130, 10-20.33, and 34-18.20 as follows: |
6 | | (105 ILCS 5/2-3.130) |
7 | | Sec. 2-3.130. Isolated time out, time out, and physical |
8 | | restraint rules; grant program; third-party assistance; goals |
9 | | and plans. |
10 | | (a) For purposes of this Section : , "isolated |
11 | | "Entity" means a school district, including its schools, a |
12 | | special education nonpublic school approved under Section |
13 | | 14-7.02 of this Code and located in this State, or a special |
14 | | education cooperative, to the extent the cooperative operates |
15 | | separate schools or programs within schools. |
16 | | "Isolated time out", "physical restraint", and "time out" |
|
| | 10300SB0458sam001 | - 2 - | LRB103 02909 RJT 71215 a |
|
|
1 | | have the meanings given to those terms under Section 10-20.33. |
2 | | (b) The State Board of Education shall promulgate rules |
3 | | governing the use of isolated time out, time out, and physical |
4 | | restraint in entities, which special education nonpublic |
5 | | facilities and the public schools. The rules shall include |
6 | | provisions governing the documentation and reporting that is |
7 | | required each time these interventions are used. |
8 | | The rules adopted by the State Board shall include a |
9 | | procedure by which a person who believes a violation of |
10 | | Section 10-20.33 or 34-18.20 has occurred may file a |
11 | | complaint. The complaint shall be investigated by the State |
12 | | Board within 7 days after the receipt of the complaint, except |
13 | | that a complaint regarding the use of isolated time out, time |
14 | | out, or physical restraint that indicates that a student's |
15 | | life or safety is in imminent danger shall be investigated |
16 | | within 24 hours after receipt of the complaint. The State |
17 | | Board employee investigating the complaint must conduct an |
18 | | on-site inspection and, at the close of the inspection, must |
19 | | conduct a brief, informal exit conference with the entity to |
20 | | alert the entity's administration of any suspected serious |
21 | | deficiency that poses a direct threat to the health, safety, |
22 | | or welfare of a student to enable an immediate correction for |
23 | | the alleviation or elimination of the threat. The information |
24 | | and findings discussed in the exit conference shall become a |
25 | | part of the investigative record but may not in any way |
26 | | constitute an official or final notice of violation. All |
|
| | 10300SB0458sam001 | - 3 - | LRB103 02909 RJT 71215 a |
|
|
1 | | complaints shall be classified as an invalid report, a valid |
2 | | report, or an undetermined report. Within 30 days after any |
3 | | State Board employee enters an entity to begin an on-site |
4 | | inspection, the State Board must prepare a written report that |
5 | | includes the basis for the outcome classification, a |
6 | | determination of whether any rule or provision of this Code |
7 | | has been or is being violated and, if appropriate, a |
8 | | corrective action plan. |
9 | | The rules adopted by the State Board shall include |
10 | | training requirements that must be included in training |
11 | | programs used to train and certify entity school personnel. |
12 | | All entity personnel whose jobs involve regular interaction |
13 | | with students, not just those involved in incidents of |
14 | | isolated time out, time out, or physical restraint, shall be |
15 | | required to undergo annual training on de-escalation |
16 | | techniques and trauma-informed practices. |
17 | | The State Board shall establish procedures for progressive |
18 | | enforcement actions to ensure that entities schools fully |
19 | | comply with the documentation and reporting requirements for |
20 | | isolated time out, time out, and physical restraint |
21 | | established by rule, which shall include meaningful and |
22 | | appropriate sanctions for the failure to comply, including the |
23 | | failure to report to the parent or guardian and to the State |
24 | | Board, the failure to timely report, and the failure to |
25 | | provide detailed documentation. |
26 | | (c) Subject to appropriation, the State Board shall , by |
|
| | 10300SB0458sam001 | - 4 - | LRB103 02909 RJT 71215 a |
|
|
1 | | adoption of emergency rules under subsection (rr) of Section |
2 | | 5-45 of the Illinois Administrative Procedure Act if it so |
3 | | chooses, create a grant program for entities school districts, |
4 | | special education nonpublic facilities approved under Section |
5 | | 14-7.02 of this Code, and special education cooperatives to |
6 | | implement entity-wide school-wide , culturally sensitive, and |
7 | | trauma-informed practices, positive behavioral interventions |
8 | | and supports, and restorative practices within a multi-tiered |
9 | | system of support aimed at reducing the need for |
10 | | interventions, such as isolated time out, time out, and |
11 | | physical restraint. The State Board shall give priority in |
12 | | grant funding to those entities school districts, special |
13 | | education nonpublic facilities approved under Section 14-7.02 |
14 | | of this Code, and special education cooperatives that submit a |
15 | | plan to achieve a significant reduction or elimination in the |
16 | | use of isolated time out , time out, and physical restraint in |
17 | | less than 7 3 years. |
18 | | (d) Subject to the Illinois Procurement Code, the Illinois |
19 | | School Student Records Act, the Mental Health and |
20 | | Developmental Disabilities Confidentiality Act, and the |
21 | | federal Family Educational Rights and Privacy Act of 1974, the |
22 | | State Board may contract with a third party to provide |
23 | | assistance with the oversight and monitoring of the use of |
24 | | isolated time out, time out, and physical restraint by |
25 | | entities school districts . |
26 | | (e) For the purpose of this subsection and subsection (f), |
|
| | 10300SB0458sam001 | - 5 - | LRB103 02909 RJT 71215 a |
|
|
1 | | "entity" means a school district, a special education |
2 | | nonpublic school approved under Section 14-7.02 of this Code |
3 | | and located in this State, or a special education cooperative |
4 | | to the extent the cooperative operates separate schools or |
5 | | programs within schools. |
6 | | To The State Board shall establish goals within 90 days |
7 | | after the effective date of this amendatory Act of the 102nd |
8 | | General Assembly, with specific benchmarks, for entities to |
9 | | accomplish the systemic reduction of isolated time out, time |
10 | | out, and physical restraint , entities shall reduce by 10% the |
11 | | number of incidents of those interventions and the total |
12 | | number of students subjected to those interventions for each |
13 | | of the next 7 years, beginning with the 2024-2025 school year |
14 | | within 3 years after the effective date of this amendatory Act |
15 | | of the 102nd General Assembly . The State Board shall engage in |
16 | | meaningful consultation with stakeholders to establish the |
17 | | goals, including in the review and evaluation of the data |
18 | | submitted. The State Board shall also consult stakeholders in |
19 | | efforts to develop strategies to measure and reduce racial and |
20 | | ethnic disparities in the use of isolated time out, time out, |
21 | | and physical restraint. Each entity shall create a time out |
22 | | and physical restraint oversight team that includes, but is |
23 | | not limited to, teachers, paraprofessionals, school service |
24 | | personnel, and administrators to develop (i) an |
25 | | entity-specific plan for reducing and eventually eliminating |
26 | | the use of isolated time out, time out, and physical restraint |
|
| | 10300SB0458sam001 | - 6 - | LRB103 02909 RJT 71215 a |
|
|
1 | | in accordance with this subsection (e) the goals and |
2 | | benchmarks established by the State Board and (ii) procedures |
3 | | to implement the plan developed by the team. |
4 | | The progress toward the reduction and eventual elimination |
5 | | of the use of isolated time out and physical restraint shall be |
6 | | measured by the reduction in the overall number of incidents |
7 | | of those interventions and the total number of students |
8 | | subjected to those interventions. In limited cases, upon |
9 | | written application made by an entity and approved by the |
10 | | State Board based on criteria developed by the State Board to |
11 | | show good cause, the reduction in the use of those |
12 | | interventions may be measured by the frequency of the use of |
13 | | those interventions on individual students and the student |
14 | | population as a whole. An entity shall be required to submit |
15 | | the entity's reduction plan for the 2024-2025 school year to |
16 | | the State Board by October 31, 2024 and, for all subsequent |
17 | | school years, on or before July 1. Beginning with the |
18 | | 2024-2025 school year, entities The State Board shall specify |
19 | | a date for submission of the plans. Entities shall submit a |
20 | | report to the State Board once each year for 7 3 years , on or |
21 | | before July 1, after the effective date of this amendatory Act |
22 | | of the 102nd General Assembly to the State Board on the |
23 | | progress made toward achieving the requirements set forth in |
24 | | this subsection (e) goals and benchmarks established by the |
25 | | State Board and modify their plans as necessary to satisfy |
26 | | those requirements goals and benchmarks . All reduction plans, |
|
| | 10300SB0458sam001 | - 7 - | LRB103 02909 RJT 71215 a |
|
|
1 | | modifications, if any, and yearly progress reports shall be |
2 | | posted on the entities' websites. Entities shall notify |
3 | | parents and guardians that the plans , modifications, and |
4 | | reports are available for review. On or before June 30, 2023, |
5 | | the State Board shall issue a report to the General Assembly on |
6 | | the progress made by entities to achieve those goals and |
7 | | benchmarks. The required plans shall include, but not be |
8 | | limited to, the specific actions that are to be taken to: |
9 | | (1) reduce and eventually eliminate a reliance on |
10 | | isolated time out, time out, and physical restraint for |
11 | | behavioral interventions and develop noncoercive |
12 | | environments; |
13 | | (2) develop individualized student plans that are |
14 | | oriented toward prevention of the use of isolated time |
15 | | out, time out, and physical restraint with the intent that |
16 | | a plan be separate and apart from a student's |
17 | | individualized education program or a student's plan for |
18 | | services under Section 504 of the federal Rehabilitation |
19 | | Act of 1973; |
20 | | (3) ensure that appropriate personnel are fully |
21 | | informed of the student's history, including any history |
22 | | of physical or sexual abuse, and other relevant medical |
23 | | and mental health information, except that any disclosure |
24 | | of student information must be consistent with federal and |
25 | | State laws and rules governing student confidentiality and |
26 | | privacy rights; and |
|
| | 10300SB0458sam001 | - 8 - | LRB103 02909 RJT 71215 a |
|
|
1 | | (4) support a vision for cultural change that |
2 | | reinforces the following: |
3 | | (A) positive behavioral interventions and support |
4 | | rather than isolated time out, time out, and physical |
5 | | restraint; |
6 | | (B) effective ways to de-escalate situations to |
7 | | avoid isolated time out, time out, and physical |
8 | | restraint; |
9 | | (C) crisis intervention techniques that use |
10 | | alternatives to isolated time out, time out, and |
11 | | physical restraint; and |
12 | | (D) use of debriefing meetings to reassess what |
13 | | occurred and why it occurred and to think through ways |
14 | | to prevent use of the intervention the next time. |
15 | | (f) An entity, as defined in subsection (e), is exempt |
16 | | from the requirement to submit a plan and the annual reports |
17 | | under subsection (e) if the entity is able to demonstrate to |
18 | | the satisfaction of the State Board that (i) within the |
19 | | previous 3 years, the entity has never engaged in the use of |
20 | | isolated time out, time out, or physical restraint and (ii) |
21 | | the entity has adopted a written policy that prohibits the use |
22 | | isolated time out, time out, and physical restraint on a |
23 | | student and is able to demonstrate the enforcement of that |
24 | | policy. |
25 | | (f-5) On or before June 30, 2025, and on or before each |
26 | | June 30 thereafter through June 30, 2032, the State Board |
|
| | 10300SB0458sam001 | - 9 - | LRB103 02909 RJT 71215 a |
|
|
1 | | shall report to the General Assembly on the progress made by |
2 | | entities to achieve the requirements set forth in subsection |
3 | | (e), which shall include a meaningful analysis of the data |
4 | | collected, steps that the State Board will take to address any |
5 | | lack of progress or compliance, including targeted technical |
6 | | assistance to be provided to entities, a summary of the |
7 | | investigative findings on complaints and the actions taken in |
8 | | response to those complaints, and a list of those entities |
9 | | with the highest number of valid complaints and the highest |
10 | | number of incidents of isolated time out, time out, and |
11 | | physical restraint. |
12 | | (g) The State Board shall establish a system of ongoing |
13 | | review, auditing, and monitoring to ensure that entities |
14 | | comply with the documentation and reporting requirements and |
15 | | meet the requirements set forth in subsection (e) State |
16 | | Board's established goals and benchmarks for reducing and |
17 | | eventually eliminating the use of isolated time out, time out, |
18 | | and physical restraint. |
19 | | (Source: P.A. 102-339, eff. 8-13-21; 103-175, eff. 6-30-23.) |
20 | | (105 ILCS 5/10-20.33) |
21 | | Sec. 10-20.33. Time out, isolated time out, restraint, and |
22 | | necessities; limitations and prohibitions. |
23 | | (a) The General Assembly finds and declares that the use |
24 | | of isolated time out, time out, and physical restraint on |
25 | | children and youth carries risks to the health and safety of |
|
| | 10300SB0458sam001 | - 10 - | LRB103 02909 RJT 71215 a |
|
|
1 | | students and staff; therefore, the ultimate goal is to reduce |
2 | | and eventually eliminate the use of those interventions. The |
3 | | General Assembly also finds and declares that the State Board |
4 | | of Education must take affirmative action to lead and support |
5 | | schools in transforming the school culture to reduce and |
6 | | eliminate the use of all such interventions over time. |
7 | | (b) In this Section: |
8 | | "Chemical restraint" means the use of medication to |
9 | | control a student's behavior or to restrict a student's |
10 | | freedom of movement. "Chemical restraint" does not include |
11 | | medication that is legally prescribed and administered as part |
12 | | of a student's regular medical regimen to manage behavioral |
13 | | symptoms and treat medical symptoms. |
14 | | "Isolated time out" means the involuntary confinement of a |
15 | | student alone in a time out room or other enclosure outside of |
16 | | the classroom without a supervising adult in the time out room |
17 | | or enclosure. |
18 | | "Isolated time out" or "time out" does not include a |
19 | | student-initiated or student-requested break, a |
20 | | student-initiated sensory break or a teacher-initiated sensory |
21 | | break that may include a sensory room containing sensory tools |
22 | | to assist a student to calm and de-escalate, an in-school |
23 | | suspension or detention, or any other appropriate disciplinary |
24 | | measure, including the student's brief removal to the hallway |
25 | | or similar environment. |
26 | | "Mechanical restraint" means the use of any device or |
|
| | 10300SB0458sam001 | - 11 - | LRB103 02909 RJT 71215 a |
|
|
1 | | equipment to limit a student's movement or to hold a student |
2 | | immobile. "Mechanical restraint" does not include any |
3 | | restraint used to (i) treat a student's medical needs; (ii) |
4 | | protect a student who is known to be at risk of injury |
5 | | resulting from a lack of coordination or frequent loss of |
6 | | consciousness; (iii) position a student with physical |
7 | | disabilities in a manner specified in the student's |
8 | | individualized education program, federal Section 504 plan, or |
9 | | other plan of care; (iv) provide a supplementary aid, service, |
10 | | or accommodation, including, but not limited to, assistive |
11 | | technology that provides proprioceptive input or aids in |
12 | | self-regulation; or (v) promote student safety in vehicles |
13 | | used to transport students. |
14 | | "Physical restraint" or "restraint" means holding a |
15 | | student or otherwise restricting a student's movements. |
16 | | "Physical restraint" or "restraint" does not include momentary |
17 | | periods of physical restriction by direct person to person |
18 | | contact, without the aid of material or mechanical devices, |
19 | | that are accomplished with limited force and that are designed |
20 | | to prevent a student from completing an act that would result |
21 | | in potential physical harm to himself, herself, or another or |
22 | | damage to property. |
23 | | "Prone physical restraint" means a physical restraint in |
24 | | which a student is held face down on the floor or other surface |
25 | | and physical pressure is applied to the student's body to keep |
26 | | the student in the prone position. |
|
| | 10300SB0458sam001 | - 12 - | LRB103 02909 RJT 71215 a |
|
|
1 | | "Time out" means a behavior management technique for the |
2 | | purpose of calming or de-escalation that involves the |
3 | | involuntary monitored separation of a student from classmates |
4 | | with a trained adult for part of the school day, only for a |
5 | | brief time, in a nonlocked setting. |
6 | | (c) Isolated time out, time out, and physical restraint, |
7 | | other than prone physical restraint, may be used only if (i) |
8 | | the student's behavior presents an imminent danger of serious |
9 | | physical harm to the student or to others; (ii) other less |
10 | | restrictive and intrusive measures have been tried and have |
11 | | proven to be ineffective in stopping the imminent danger of |
12 | | serious physical harm; (iii) there is no known medical |
13 | | contraindication to its use on the student; and (iv) the |
14 | | school staff member or members applying the use of time out, |
15 | | isolated time out, or physical restraint on a student have |
16 | | been trained in its safe application, as established by rule |
17 | | by the State Board of Education. Isolated time out is allowed |
18 | | only under limited circumstances as set forth in this Section. |
19 | | If all other requirements under this Section are met, isolated |
20 | | time out may be used only if the adult in the time out room or |
21 | | enclosure is in imminent danger of serious physical harm |
22 | | because the student is unable to cease actively engaging in |
23 | | extreme physical aggression. |
24 | | Mechanical restraint , and chemical restraint , and prone |
25 | | physical restraint are prohibited. Prone restraint is |
26 | | prohibited except when all of the following conditions are |
|
| | 10300SB0458sam001 | - 13 - | LRB103 02909 RJT 71215 a |
|
|
1 | | satisfied: |
2 | | (1) The student's Behavior Intervention Plan |
3 | | specifically allows for prone restraint of the student. |
4 | | (2) The Behavior Intervention Plan was put into place |
5 | | before January 1, 2021. |
6 | | (3) The student's Behavior Intervention Plan has been |
7 | | approved by the IEP team. |
8 | | (4) The school staff member or staff members applying |
9 | | the use of prone restraint on a student have been trained |
10 | | in its safe application as established by rule by the |
11 | | State Board of Education. |
12 | | (5) The school must be able to document and |
13 | | demonstrate to the IEP team that the use of other |
14 | | de-escalation techniques provided for in the student's |
15 | | Behavior Intervention Plan were ineffective. |
16 | | (6) The use of prone restraint occurs within the |
17 | | 2021-2022 school year. |
18 | | All instances of the utilization of prone physical restraint |
19 | | must be reported in accordance with the provisions of Public |
20 | | Act 102-339 this amendatory Act of the 102nd General Assembly . |
21 | | Nothing in this Section shall prohibit the State Board of |
22 | | Education from adopting administrative rules that further |
23 | | restrict or disqualify the use of prone restraint. |
24 | | (d) The use of any of the following rooms or enclosures for |
25 | | an isolated time out or time out purposes is prohibited: |
26 | | (1) a locked room or a room in which the door is |
|
| | 10300SB0458sam001 | - 14 - | LRB103 02909 RJT 71215 a |
|
|
1 | | obstructed, prohibiting it from opening; |
2 | | (2) a confining space such as a closet or box; |
3 | | (3) a room where the student cannot be continually |
4 | | observed; or |
5 | | (4) any other room or enclosure or time out procedure |
6 | | that is contrary to current rules adopted by the State |
7 | | Board of Education. |
8 | | (e) The deprivation of necessities needed to sustain the |
9 | | health of a person, including, without limitation, the denial |
10 | | or unreasonable delay in the provision of the following, is |
11 | | prohibited: |
12 | | (1) food or liquid at a time when it is customarily |
13 | | served; |
14 | | (2) medication; or |
15 | | (3) the use of a restroom. |
16 | | (f) (Blank). |
17 | | (g) Following each incident of isolated time out, time |
18 | | out, or physical restraint, but no later than 2 school days |
19 | | after the incident, the principal or another designated |
20 | | administrator shall notify the student's parent or guardian |
21 | | that he or she may request a meeting with appropriate school |
22 | | personnel to discuss the incident. This meeting shall be held |
23 | | separate and apart from meetings held in accordance with the |
24 | | student's individualized education program or from meetings |
25 | | held in accordance with the student's plan for services under |
26 | | Section 504 of the federal Rehabilitation Act of 1973. If a |
|
| | 10300SB0458sam001 | - 15 - | LRB103 02909 RJT 71215 a |
|
|
1 | | parent or guardian requests a meeting, the meeting shall be |
2 | | convened within 2 school days after the request, provided that |
3 | | the 2-school day limitation shall be extended if requested by |
4 | | the parent or guardian. The parent or guardian may also |
5 | | request that the meeting be convened via telephone or video |
6 | | conference. |
7 | | The meeting shall include the student, if appropriate, at |
8 | | least one school staff member involved in the incident of |
9 | | isolated time out, time out, or physical restraint, the |
10 | | student's parent or guardian, and at least one appropriate |
11 | | school staff member not involved in the incident of isolated |
12 | | time out, time out, or physical restraint, such as a social |
13 | | worker, psychologist, nurse, or behavioral specialist. During |
14 | | the meeting, the school staff member or members involved in |
15 | | the incident of isolated time out, time out, or physical |
16 | | restraint, the student, and the student's parent or guardian, |
17 | | if applicable, shall be provided an opportunity to describe |
18 | | (i) the events that occurred prior to the incident of isolated |
19 | | time out, time out, or physical restraint and any actions that |
20 | | were taken by school personnel or the student leading up to the |
21 | | incident; (ii) the incident of isolated time out, time out, or |
22 | | physical restraint; and (iii) the events that occurred or the |
23 | | actions that were taken following the incident of isolated |
24 | | time out, time out, or physical restraint and whether the |
25 | | student returned to regular school activities and, if not, how |
26 | | the student spent the remainder of the school day. All parties |
|
| | 10300SB0458sam001 | - 16 - | LRB103 02909 RJT 71215 a |
|
|
1 | | present at the meeting shall have the opportunity to discuss |
2 | | what school personnel could have done differently to avoid the |
3 | | incident of isolated time out, time out, or physical restraint |
4 | | and what alternative courses of action, if any, the school can |
5 | | take to support the student and to avoid the future use of |
6 | | isolated time out, time out, or physical restraint. At no |
7 | | point may a student be excluded from school solely because a |
8 | | meeting has not occurred. |
9 | | A summary of the meeting and any agreements or conclusions |
10 | | reached during the meeting shall be documented in writing and |
11 | | shall become part of the student's school record. A copy of the |
12 | | documents shall be provided to the student's parent or |
13 | | guardian. If a parent or guardian does not request a meeting |
14 | | within 10 school days after the school has provided the |
15 | | documents to the parent or guardian or if a parent or guardian |
16 | | fails to attend a requested meeting, that fact shall be |
17 | | documented as part of the student's school record. |
18 | | (h) Whenever isolated time out, time out, or physical |
19 | | restraint is used, school personnel shall fully document and |
20 | | report to the State Board of Education the incident, including |
21 | | the events leading up to the incident, what alternative |
22 | | measures that are less restrictive and intrusive were used |
23 | | prior to the use of isolated time out, time out, or physical |
24 | | restraint, why those measures were ineffective or deemed |
25 | | inappropriate, the type of restraint, isolated time out, or |
26 | | time out that was used, the length of time the student was in |
|
| | 10300SB0458sam001 | - 17 - | LRB103 02909 RJT 71215 a |
|
|
1 | | isolated time out or time out or was restrained, and the staff |
2 | | involved. The parents or guardian of a student and the State |
3 | | Superintendent of Education shall be informed whenever |
4 | | isolated time out, time out, or physical restraint is used. |
5 | | Schools shall provide parents and guardians with the |
6 | | following information, to be developed by the State Board and |
7 | | which may be incorporated into the State Board's prescribed |
8 | | physical restraint and time out form at the discretion of the |
9 | | State Board, after each incident in which isolated time out, |
10 | | time out, or physical restraint is used during the school |
11 | | year, in printed form or, upon the written request of the |
12 | | parent or guardian, by email: |
13 | | (1) a copy of the standards for when isolated time |
14 | | out, time out, and physical restraint can be used; |
15 | | (2) information about the rights of parents, |
16 | | guardians, and students; and |
17 | | (3) information about the parent's or guardian's right |
18 | | to file a complaint with the State Superintendent of |
19 | | Education, the complaint process, and other information to |
20 | | assist the parent or guardian in navigating the complaint |
21 | | process. |
22 | | (i) Any use of isolated time out, time out, or physical |
23 | | restraint that is permitted by a school board's policy shall |
24 | | be implemented in accordance with written procedures. |
25 | | (Source: P.A. 102-339, eff. 8-13-21.) |
|
| | 10300SB0458sam001 | - 18 - | LRB103 02909 RJT 71215 a |
|
|
1 | | (105 ILCS 5/34-18.20) |
2 | | Sec. 34-18.20. Time out, isolated time out, restraint, and |
3 | | necessities; limitations and prohibitions. |
4 | | (a) The General Assembly finds and declares that the use |
5 | | of isolated time out, time out, and physical restraint on |
6 | | children and youth carries risks to the health and safety of |
7 | | students and staff; therefore, the ultimate goal is to reduce |
8 | | and eventually eliminate the use of those interventions. The |
9 | | General Assembly also finds and declares that the State Board |
10 | | of Education must take affirmative action to lead and support |
11 | | schools in transforming the school culture to reduce and |
12 | | eliminate the use of all such interventions over time. |
13 | | (b) In this Section: |
14 | | "Chemical restraint" means the use of medication to |
15 | | control a student's behavior or to restrict a student's |
16 | | freedom of movement. "Chemical restraint" does not include |
17 | | medication that is legally prescribed and administered as part |
18 | | of a student's regular medical regimen to manage behavioral |
19 | | symptoms and treat medical symptoms. |
20 | | "Isolated time out" means the involuntary confinement of a |
21 | | student alone in a time out room or other enclosure outside of |
22 | | the classroom without a supervising adult in the time out room |
23 | | or enclosure. |
24 | | "Isolated time out" or "time out" does not include a |
25 | | student-initiated or student-requested break, a |
26 | | student-initiated sensory break or a teacher-initiated sensory |
|
| | 10300SB0458sam001 | - 19 - | LRB103 02909 RJT 71215 a |
|
|
1 | | break that may include a sensory room containing sensory tools |
2 | | to assist a student to calm and de-escalate, an in-school |
3 | | suspension or detention, or any other appropriate disciplinary |
4 | | measure, including the student's brief removal to the hallway |
5 | | or similar environment. |
6 | | "Mechanical restraint" means the use of any device or |
7 | | equipment to limit a student's movement or to hold a student |
8 | | immobile. "Mechanical restraint" does not include any |
9 | | restraint used to (i) treat a student's medical needs; (ii) |
10 | | protect a student who is known to be at risk of injury |
11 | | resulting from a lack of coordination or frequent loss of |
12 | | consciousness; (iii) position a student with physical |
13 | | disabilities in a manner specified in the student's |
14 | | individualized education program, federal Section 504 plan, or |
15 | | other plan of care; (iv) provide a supplementary aid, service, |
16 | | or accommodation, including, but not limited to, assistive |
17 | | technology that provides proprioceptive input or aids in |
18 | | self-regulation; or (v) promote student safety in vehicles |
19 | | used to transport students. |
20 | | "Physical restraint" or "restraint" means holding a |
21 | | student or otherwise restricting a student's movements. |
22 | | "Physical restraint" or "restraint" does not include momentary |
23 | | periods of physical restriction by direct person to person |
24 | | contact, without the aid of material or mechanical devices, |
25 | | that are accomplished with limited force and that are designed |
26 | | to prevent a student from completing an act that would result |
|
| | 10300SB0458sam001 | - 20 - | LRB103 02909 RJT 71215 a |
|
|
1 | | in potential physical harm to himself, herself, or another or |
2 | | damage to property. |
3 | | "Prone physical restraint" means a physical restraint in |
4 | | which a student is held face down on the floor or other surface |
5 | | and physical pressure is applied to the student's body to keep |
6 | | the student in the prone position. |
7 | | "Time out" means a behavior management technique for the |
8 | | purpose of calming or de-escalation that involves the |
9 | | involuntary monitored separation of a student from classmates |
10 | | with a trained adult for part of the school day, only for a |
11 | | brief time, in a nonlocked setting. |
12 | | (c) Isolated time out, time out, and physical restraint, |
13 | | other than prone physical restraint, may be used only if (i) |
14 | | the student's behavior presents an imminent danger of serious |
15 | | physical harm to the student or to others; (ii) other less |
16 | | restrictive and intrusive measures have been tried and have |
17 | | proven to be ineffective in stopping the imminent danger of |
18 | | serious physical harm; (iii) there is no known medical |
19 | | contraindication to its use on the student; and (iv) the |
20 | | school staff member or members applying the use of time out, |
21 | | isolated time out, or physical restraint on a student have |
22 | | been trained in its safe application, as established by rule |
23 | | by the State Board of Education. Isolated time out is allowed |
24 | | only under limited circumstances as set forth in this Section. |
25 | | If all other requirements under this Section are met, isolated |
26 | | time out may be used only if the adult in the time out room or |
|
| | 10300SB0458sam001 | - 21 - | LRB103 02909 RJT 71215 a |
|
|
1 | | enclosure is in imminent danger of serious physical harm |
2 | | because the student is unable to cease actively engaging in |
3 | | extreme physical aggression. |
4 | | Mechanical restraint , and chemical restraint , and prone |
5 | | physical restraint are prohibited. Prone restraint is |
6 | | prohibited except when all of the following conditions are |
7 | | satisfied: |
8 | | (1) The student's Behavior Intervention Plan |
9 | | specifically allows for prone restraint of the student. |
10 | | (2) The Behavior Intervention Plan was put into place |
11 | | before January 1, 2021. |
12 | | (3) The student's Behavior Intervention Plan has been |
13 | | approved by the IEP team. |
14 | | (4) The school staff member or staff members applying |
15 | | the use of prone restraint on a student have been trained |
16 | | in its safe application as established by rule by the |
17 | | State Board of Education. |
18 | | (5) The school must be able to document and |
19 | | demonstrate to the IEP team that the use of other |
20 | | de-escalation techniques provided for in the student's |
21 | | Behavior Intervention Plan were ineffective. |
22 | | (6) The use of prone restraint occurs within the |
23 | | 2021-2022 school year. |
24 | | All instances of the utilization of prone physical restraint |
25 | | must be reported in accordance with the provisions of Public |
26 | | Act 102-339 this amendatory Act of the 102nd General Assembly . |
|
| | 10300SB0458sam001 | - 22 - | LRB103 02909 RJT 71215 a |
|
|
1 | | Nothing in this Section shall prohibit the State Board of |
2 | | Education from adopting administrative rules that further |
3 | | restrict or disqualify the use of prone restraint. |
4 | | (d) The use of any of the following rooms or enclosures for |
5 | | an isolated time out or time out purposes is prohibited: |
6 | | (1) a locked room or a room in which the door is |
7 | | obstructed, prohibiting it from opening; |
8 | | (2) a confining space such as a closet or box; |
9 | | (3) a room where the student cannot be continually |
10 | | observed; or |
11 | | (4) any other room or enclosure or time out procedure |
12 | | that is contrary to current rules adopted by the State |
13 | | Board of Education. |
14 | | (e) The deprivation of necessities needed to sustain the |
15 | | health of a person, including, without limitation, the denial |
16 | | or unreasonable delay in the provision of the following, is |
17 | | prohibited: |
18 | | (1) food or liquid at a time when it is customarily |
19 | | served; |
20 | | (2) medication; or |
21 | | (3) the use of a restroom. |
22 | | (f) (Blank). |
23 | | (g) Following each incident of isolated time out, time |
24 | | out, or physical restraint, but no later than 2 school days |
25 | | after the incident, the principal or another designated |
26 | | administrator shall notify the student's parent or guardian |
|
| | 10300SB0458sam001 | - 23 - | LRB103 02909 RJT 71215 a |
|
|
1 | | that he or she may request a meeting with appropriate school |
2 | | personnel to discuss the incident. This meeting shall be held |
3 | | separate and apart from meetings held in accordance with the |
4 | | student's individualized education program or from meetings |
5 | | held in accordance with the student's plan for services under |
6 | | Section 504 of the federal Rehabilitation Act of 1973. If a |
7 | | parent or guardian requests a meeting, the meeting shall be |
8 | | convened within 2 school days after the request, provided that |
9 | | the 2-school day limitation shall be extended if requested by |
10 | | the parent or guardian. The parent or guardian may also |
11 | | request that the meeting be convened via telephone or video |
12 | | conference. |
13 | | The meeting shall include the student, if appropriate, at |
14 | | least one school staff member involved in the incident of |
15 | | isolated time out, time out, or physical restraint, the |
16 | | student's parent or guardian, and at least one appropriate |
17 | | school staff member not involved in the incident of isolated |
18 | | time out, time out, or physical restraint, such as a social |
19 | | worker, psychologist, nurse, or behavioral specialist. During |
20 | | the meeting, the school staff member or members involved in |
21 | | the incident of isolated time out, time out, or physical |
22 | | restraint, the student, and the student's parent or guardian, |
23 | | if applicable, shall be provided an opportunity to describe |
24 | | (i) the events that occurred prior to the incident of isolated |
25 | | time out, time out, or physical restraint and any actions that |
26 | | were taken by school personnel or the student leading up to the |
|
| | 10300SB0458sam001 | - 24 - | LRB103 02909 RJT 71215 a |
|
|
1 | | incident; (ii) the incident of isolated time out, time out, or |
2 | | physical restraint; and (iii) the events that occurred or the |
3 | | actions that were taken following the incident of isolated |
4 | | time out, time out, or physical restraint and whether the |
5 | | student returned to regular school activities and, if not, how |
6 | | the student spent the remainder of the school day. All parties |
7 | | present at the meeting shall have the opportunity to discuss |
8 | | what school personnel could have done differently to avoid the |
9 | | incident of isolated time out, time out, or physical restraint |
10 | | and what alternative courses of action, if any, the school can |
11 | | take to support the student and to avoid the future use of |
12 | | isolated time out, time out, or physical restraint. At no |
13 | | point may a student be excluded from school solely because a |
14 | | meeting has not occurred. |
15 | | A summary of the meeting and any agreements or conclusions |
16 | | reached during the meeting shall be documented in writing and |
17 | | shall become part of the student's school record. A copy of the |
18 | | documents shall be provided to the student's parent or |
19 | | guardian. If a parent or guardian does not request a meeting |
20 | | within 10 school days after the school has provided the |
21 | | documents to the parent or guardian or if a parent or guardian |
22 | | fails to attend a requested meeting, that fact shall be |
23 | | documented as part of the student's school record. |
24 | | (h) Whenever isolated time out, time out, or physical |
25 | | restraint is used, school personnel shall fully document and |
26 | | report to the State Board of Education the incident, including |
|
| | 10300SB0458sam001 | - 25 - | LRB103 02909 RJT 71215 a |
|
|
1 | | the events leading up to the incident, what alternative |
2 | | measures that are less restrictive and intrusive were used |
3 | | prior to the use of isolated time out, time out, or physical |
4 | | restraint, why those measures were ineffective or deemed |
5 | | inappropriate, the type of restraint, isolated time out, or |
6 | | time out that was used, the length of time the student was in |
7 | | isolated time out or time out or was restrained, and the staff |
8 | | involved. The parents or guardian of a student and the State |
9 | | Superintendent of Education shall be informed whenever |
10 | | isolated time out, time out, or physical restraint is used. |
11 | | Schools shall provide parents and guardians with the |
12 | | following information, to be developed by the State Board and |
13 | | which may be incorporated into the State Board's prescribed |
14 | | physical restraint and time out form at the discretion of the |
15 | | State Board, after each incident in which isolated time out, |
16 | | time out, or physical restraint is used during the school |
17 | | year, in printed form or, upon the written request of the |
18 | | parent or guardian, by email: |
19 | | (1) a copy of the standards for when isolated time |
20 | | out, time out, and physical restraint can be used; |
21 | | (2) information about the rights of parents, |
22 | | guardians, and students; and |
23 | | (3) information about the parent's or guardian's right |
24 | | to file a complaint with the State Superintendent of |
25 | | Education, the complaint process, and other information to |
26 | | assist the parent or guardian in navigating the complaint |