Sen. Ann Gillespie

Filed: 1/11/2021

 

 


 

 


 
10100HB2263sam001LRB101 04750 CMG 74772 a

1
AMENDMENT TO HOUSE BILL 2263

2    AMENDMENT NO. ______. Amend House Bill 2263 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
52-3.130, 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 Time out, and
8physical restraint rules; grant program; third-party
9assistance; goals and plans.
10    (a) For purposes of this Section, "isolated time out",
11"physical restraint", and "time out" have the meanings given to
12those terms under Section 10-20.33.
13    (b) The State Board of Education shall promulgate rules
14governing the use of isolated time out, time out, and physical
15restraint in the public schools. The rules shall include
16provisions governing the documentation and reporting

 

 

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1recordkeeping that is required each time these interventions
2when physical restraint or more restrictive forms of time out
3are used.
4    The rules adopted by the State Board shall include a
5procedure by which a person who believes a violation of Section
610-20.33 or 34-18.20 has occurred may file a complaint. The
7rules adopted by the State Board shall include training
8requirements that must be included in training programs used to
9train and certify school personnel.
10    The State Board shall establish procedures for progressive
11enforcement actions to ensure that schools fully comply with
12the documentation and reporting requirements for isolated time
13out, time out, and physical restraint established by rule,
14which shall include meaningful and appropriate sanctions for
15the failure to comply, including the failure to report to the
16parent or guardian and to the State Board, the failure to
17timely report, and the failure to provide detailed
18documentation.
19    (c) Subject to appropriation, the State Board must create a
20grant program for school districts and special education
21cooperatives and charter schools approved by the State Board to
22implement school-wide, culturally sensitive, and
23trauma-informed practices, positive behavioral interventions
24and supports, and restorative practices within a multi-tiered
25system of support aimed at reducing the need for interventions,
26such as isolated time out, time out, and physical restraint.

 

 

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1    (d) Subject to the Illinois Procurement Code, the Illinois
2School Student Records Act, the Mental Health and Developmental
3Disabilities Confidentiality Act, and the federal Family
4Educational Rights and Privacy Act of 1974, the State Board may
5contract with a third party to provide assistance with the
6oversight and monitoring of the use of isolated time out, time
7out, and physical restraint by school districts.
8    (e) The State Board shall establish goals within 90 days
9after the effective date of this amendatory Act of the 101st
10General Assembly, with specific benchmarks, for schools to
11accomplish the systemic reduction of isolated time out, time
12out, and physical restraint within 3 years after the effective
13date of this amendatory Act of the 101st General Assembly. The
14State Board shall engage in meaningful consultation with
15stakeholders to establish the goals, including in the review
16and evaluation of the data submitted. Each school board shall
17create a time out and physical restraint oversight team that
18includes, but is not limited to, teachers, paraprofessionals,
19school service personnel, and administrators to develop (i) a
20school-specific plan for reducing and eventually eliminating
21the use of isolated time out, time out, and physical restraint
22in accordance with the goals and benchmarks established by the
23State Board and (ii) procedures to implement the plan developed
24by the team.
25    The progress toward the reduction and eventual elimination
26of the use of isolated time out and physical restraint shall be

 

 

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1measured by the reduction in the overall number of incidents of
2those interventions and the total number of students subjected
3to those interventions. In limited cases, upon written
4application made by a school district and approved by the State
5Board based on criteria developed by the State Board to show
6good cause, the reduction in the use of those interventions may
7be measured by the frequency of the use of those interventions
8on individual students and the student population as a whole.
9The State Board shall specify a date for submission of the
10plans. School districts shall submit a report once each year
11for 3 years after the effective date of this amendatory Act of
12the 101st General Assembly to the State Board on the progress
13made toward achieving the goals and benchmarks established by
14the State Board and modify their plans as necessary to satisfy
15those goals and benchmarks. School districts shall notify
16parents and guardians that the plans and reports are available
17for review. On or before June 30, 2023, the State Board shall
18issue a report to the General Assembly on the progress made by
19schools to achieve those goals and benchmarks. The required
20plans shall include, but not be limited to, the specific
21actions that are to be taken to:
22        (1) reduce and eventually eliminate a reliance on
23    isolated time out, time out, and physical restraint for
24    behavioral interventions and develop noncoercive
25    environments;
26        (2) develop individualized student plans that are

 

 

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1    oriented toward prevention of the use of isolated time out,
2    time out, and physical restraint with the intent that a
3    plan be separate and apart from a student's individualized
4    education program or a student's plan for services under
5    Section 504 of the federal Rehabilitation Act of 1973;
6        (3) ensure that appropriate school personnel are fully
7    informed of the student's history, including any history of
8    physical or sexual abuse, and other relevant medical and
9    mental health information, except that any disclosure of
10    student information must be consistent with federal and
11    State laws and rules governing student confidentiality and
12    privacy rights; and
13        (4) support a vision for cultural change that
14    reinforces the following:
15            (A) positive behavioral interventions and support
16        rather than isolated time out, time out, and physical
17        restraint;
18            (B) effective ways to de-escalate situations to
19        avoid isolated time out, time out, and physical
20        restraint;
21            (C) crisis intervention techniques that utilize
22        alternatives to isolated time out, time out, and
23        physical restraint; and
24            (D) use of debriefing meetings to reassess what
25        occurred and why it occurred and to think through ways
26        to prevent use of the intervention the next time.

 

 

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1    (f) A school is exempt from the requirement to submit a
2plan and the annual reports under subsection (e) if the school
3is able to demonstrate to the satisfaction of the State Board
4that (i) within the previous 3 years, the school district has
5never engaged in the use of isolated time out, time out, or
6physical restraint and (ii) the school has adopted a written
7policy that prohibits the use isolated time out, time out, and
8physical restraint on a student and is able to demonstrate the
9enforcement of that policy.
10    (g) The State Board shall establish a system of ongoing
11review, auditing, and monitoring to ensure that schools comply
12with the documentation and reporting requirements and meet the
13State Board's established goals and benchmarks for reducing and
14eventually eliminating the use of isolated time out, time out,
15and physical restraint.
16(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
 
17    (105 ILCS 5/10-20.33)
18    Sec. 10-20.33. Time out, isolated time out, and physical
19restraint, and necessities; limitations and prohibitions.
20    (a) The General Assembly finds and declares that the use of
21isolated time out, time out, and physical restraint on children
22and youth carries risks to the health and safety of students
23and staff; therefore, the ultimate goal is to reduce and
24eventually eliminate the use of those interventions. The
25General Assembly also finds and declares that the State Board

 

 

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1of Education must take affirmative action to lead and support
2schools in transforming the school culture to reduce and
3eliminate the use of all such interventions over time.
4    (b) In this Section:
5    "Chemical restraint" means the use of medication to control
6a student's behavior or to restrict a student's freedom of
7movement. "Chemical restraint" does not include medication
8that is legally prescribed and administered as part of a
9student's regular medical regimen to manage behavioral
10symptoms and treat medical symptoms.
11    "Isolated time out" means the involuntary confinement of a
12student alone in a time out room or other enclosure outside of
13the classroom without a supervising adult in the time out room
14or enclosure.
15    "Isolated time out" or "time out" does not include a
16student-initiated or student-requested break, a
17student-initiated sensory break or a teacher-initiated sensory
18break that may include a sensory room containing sensory tools
19to assist a student to calm and de-escalate, an in-school
20suspension or detention, or any other appropriate disciplinary
21measure, including the student's brief removal to the hallway
22or similar environment.
23    "Mechanical restraint" means the use of any device or
24equipment to limit a student's movement or to hold a student
25immobile. "Mechanical restraint" does not include any
26restraint used to (i) treat a student's medical needs; (ii)

 

 

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1protect a student who is known to be at risk of injury
2resulting from a lack of coordination or frequent loss of
3consciousness; (iii) position a student with physical
4disabilities in a manner specified in the student's
5individualized education program, federal Section 504 plan, or
6other plan of care; (iv) provide a supplementary aid, service,
7or accommodation, including, but not limited to, assistive
8technology that provides proprioceptive input or aids in
9self-regulation; or (v) promote student safety in vehicles used
10to transport students.
11    "Physical restraint" or "restraint" means holding a
12student or otherwise restricting a student's movements.
13"Physical restraint" or "restraint" does not include momentary
14periods of physical restriction by direct person to person
15contact, without the aid of material or mechanical devices,
16that are accomplished with limited force and that are designed
17to prevent a student from completing an act that would result
18in potential physical harm to himself, herself, or another or
19damage to property.
20    "Prone physical restraint" means a physical restraint in
21which a student is held face down on the floor or other surface
22and physical pressure is applied to the student's body to keep
23the student in the prone position.
24    "Time out" means a behavior management technique for the
25purpose of calming or de-escalation that involves the
26involuntary monitored separation of a student from classmates

 

 

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1with a trained adult for part of the school day, only for a
2brief time, in a non-locked setting.
3    (c) Isolated time out, time out, and physical restraint,
4other than prone physical restraint, may be used only if (i)
5the student's behavior presents an imminent danger of serious
6physical harm to the student or to others; (ii) other less
7restrictive and intrusive measures have been tried and have
8proven to be ineffective in stopping the imminent danger of
9serious physical harm; (iii) there is no known medical
10contraindication to its use on the student; and (iv) the school
11staff member or members applying the use of time out, isolated
12time out, or physical restraint on a student have been trained
13in its safe application, as established by rule by the State
14Board of Education. Isolated time out is allowed only under
15limited circumstances as set forth in this Section. If all
16other requirements under this Section are met, isolated time
17out may be used only if the adult in the time out room or
18enclosure is in imminent danger of serious physical harm
19because the student is unable to cease actively engaging in
20extreme physical aggression.
21    Prone restraint, mechanical restraint, and chemical
22restraint are prohibited.
23    (d) The Until rules are adopted under Section 2-3.130 of
24this Code, the use of any of the following rooms or enclosures
25for an isolated time out or time out purposes is prohibited:
26        (1) a locked room or a room in which the door is

 

 

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1    obstructed, prohibiting it from opening other than one with
2    a locking mechanism that engages only when a key or handle
3    is being held by a person;
4        (2) a confining space such as a closet or box;
5        (3) a room where the student cannot be continually
6    observed; or
7        (4) any other room or enclosure or time out procedure
8    that is contrary to current rules adopted by guidelines of
9    the State Board of Education.
10    (e) The deprivation of necessities needed to sustain the
11health of a person, including, without limitation, the denial
12or unreasonable delay in the provision of the following, is
13prohibited:
14        (1) food or liquid at a time when it is customarily
15    served;
16        (2) medication; or
17        (3) the use of a restroom.
18    (f) (Blank). The use of physical restraints is prohibited
19except when (i) the student poses a physical risk to himself,
20herself, or others, (ii) there is no medical contraindication
21to its use, and (iii) the staff applying the restraint have
22been trained in its safe application. For the purposes of this
23Section, "restraint" does not include momentary periods of
24physical restriction by direct person-to-person contact,
25without the aid of material or mechanical devices, accomplished
26with limited force and that are designed (i) to prevent a

 

 

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1student from completing an act that would result in potential
2physical harm to himself, herself, or another or damage to
3property or (ii) to remove a disruptive student who is
4unwilling to voluntarily leave the area. The use of physical
5restraints that meet the requirements of this Section may be
6included in a student's individualized education plan where
7deemed appropriate by the student's individualized education
8plan team.
9    (g) Following each incident of isolated time out, time out,
10or physical restraint, but no later than 2 school days after
11the incident, the principal or another designated
12administrator shall notify the student's parent or guardian
13that he or she may request a meeting with appropriate school
14personnel to discuss the incident. This meeting shall be held
15separate and apart from meetings held in accordance with the
16student's individualized education program or from meetings
17held in accordance with the student's plan for services under
18Section 504 of the federal Rehabilitation Act of 1973. If a
19parent or guardian requests a meeting, the meeting shall be
20convened within 2 school days after the request, provided that
21the 2-school day limitation shall be extended if requested by
22the parent or guardian. The parent or guardian may also request
23that the meeting be convened via telephone or video conference.
24    The meeting shall include the student, if appropriate, at
25least one school staff member involved in the incident of
26isolated time out, time out, or physical restraint, the

 

 

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1student's parent or guardian, and at least one appropriate
2school staff member not involved in the incident of isolated
3time out, time out, or physical restraint, such as a social
4worker, psychologist, nurse, or behavioral specialist. During
5the meeting, the school staff member or members involved in the
6incident of isolated time out, time out, or physical restraint,
7the student, and the student's parent or guardian, if
8applicable, shall be provided an opportunity to describe (i)
9the events that occurred prior to the incident of isolated time
10out, time out, or physical restraint and any actions that were
11taken by school personnel or the student leading up to the
12incident; (ii) the incident of isolated time out, time out, or
13physical restraint; and (iii) the events that occurred or the
14actions that were taken following the incident of isolated time
15out, time out, or physical restraint and whether the student
16returned to regular school activities and, if not, how the
17student spent the remainder of the school day. All parties
18present at the meeting shall have the opportunity to discuss
19what school personnel could have done differently to avoid the
20incident of isolated time out, time out, or physical restraint
21and what alternative courses of action, if any, the school can
22take to support the student and to avoid the future use of
23isolated time out, time out, or physical restraint. At no point
24may a student be excluded from school solely because a meeting
25has not occurred.
26    A summary of the meeting and any agreements or conclusions

 

 

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1reached during the meeting shall be documented in writing and
2shall become part of the student's school record. A copy of the
3documents shall be provided to the student's parent or
4guardian. If a parent or guardian does not request a meeting
5within 10 school days after the school has provided the
6documents to the parent or guardian or if a parent or guardian
7fails to attend a requested meeting, that fact shall be
8documented as part of the student's school record.
9    (h) Whenever isolated time out, time out, or physical
10restraint is used physical restraints are used, school
11personnel shall fully document and report to the State Board of
12Education the incident, including the events leading up to the
13incident, what alternative measures that are less restrictive
14and intrusive were used prior to the use of isolated time out,
15time out, or physical restraint, why those measures were
16ineffective or deemed inappropriate, the type of restraint,
17isolated time out, or time out that was used, the length of
18time the student was in isolated time out or time out or was is
19restrained, and the staff involved. The parents or guardian of
20a student and the State Superintendent of Education shall be
21informed whenever isolated time out, time out, or physical
22restraint is restraints are used.
23    Schools shall provide parents and guardians with the
24following information, to be developed by the State Board and
25which may be incorporated into the State Board's prescribed
26physical restraint and time out form at the discretion of the

 

 

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1State Board, after each incident in which isolated time out,
2time out, or physical restraint is used during the school year,
3in printed form or, upon the written request of the parent or
4guardian, by email:
5        (1) a copy of the standards for when isolated time out,
6    time out, and physical restraint can be used;
7        (2) information about the rights of parents,
8    guardians, and students; and
9        (3) information about the parent's or guardian's right
10    to file a complaint with the State Superintendent of
11    Education, the complaint process, and other information to
12    assist the parent or guardian in navigating the complaint
13    process.
14    (i) Any use of isolated time out, time out, or physical
15restraint that is permitted by a school board's policy shall be
16implemented in accordance with written procedures.
17(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
 
18    (105 ILCS 5/34-18.20)
19    Sec. 34-18.20. Time out, isolated time out, and physical
20restraint, and necessities; limitations and prohibitions.
21    (a) The General Assembly finds and declares that the use of
22isolated time out, time out, and physical restraint on children
23and youth carries risks to the health and safety of students
24and staff; therefore, the ultimate goal is to reduce and
25eventually eliminate the use of those interventions. The

 

 

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1General Assembly also finds and declares that the State Board
2of Education must take affirmative action to lead and support
3schools in transforming the school culture to reduce and
4eliminate the use of all such interventions over time.
5    (b) In this Section:
6    "Chemical restraint" means the use of medication to control
7a student's behavior or to restrict a student's freedom of
8movement. "Chemical restraint" does not include medication
9that is legally prescribed and administered as part of a
10student's regular medical regimen to manage behavioral
11symptoms and treat medical symptoms.
12    "Isolated time out" means the involuntary confinement of a
13student alone in a time out room or other enclosure outside of
14the classroom without a supervising adult in the time out room
15or enclosure.
16    "Isolated time out" or "time out" does not include a
17student-initiated or student-requested break, a
18student-initiated sensory break or a teacher-initiated sensory
19break that may include a sensory room containing sensory tools
20to assist a student to calm and de-escalate, an in-school
21suspension or detention, or any other appropriate disciplinary
22measure, including the student's brief removal to the hallway
23or similar environment.
24    "Mechanical restraint" means the use of any device or
25equipment to limit a student's movement or to hold a student
26immobile. "Mechanical restraint" does not include any

 

 

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1restraint used to (i) treat a student's medical needs; (ii)
2protect a student who is known to be at risk of injury
3resulting from a lack of coordination or frequent loss of
4consciousness; (iii) position a student with physical
5disabilities in a manner specified in the student's
6individualized education program, federal Section 504 plan, or
7other plan of care; (iv) provide a supplementary aid, service,
8or accommodation, including, but not limited to, assistive
9technology that provides proprioceptive input or aids in
10self-regulation; or (v) promote student safety in vehicles used
11to transport students.
12    "Physical restraint" or "restraint" means holding a
13student or otherwise restricting a student's movements.
14"Physical restraint" or "restraint" does not include momentary
15periods of physical restriction by direct person to person
16contact, without the aid of material or mechanical devices,
17that are accomplished with limited force and that are designed
18to prevent a student from completing an act that would result
19in potential physical harm to himself, herself, or another or
20damage to property.
21    "Prone physical restraint" means a physical restraint in
22which a student is held face down on the floor or other surface
23and physical pressure is applied to the student's body to keep
24the student in the prone position.
25    "Time out" means a behavior management technique for the
26purpose of calming or de-escalation that involves the

 

 

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1involuntary monitored separation of a student from classmates
2with a trained adult for part of the school day, only for a
3brief time, in a non-locked setting.
4    (c) Isolated time out, time out, and physical restraint,
5other than prone physical restraint, may be used only if (i)
6the student's behavior presents an imminent danger of serious
7physical harm to the student or to others; (ii) other less
8restrictive and intrusive measures have been tried and have
9proven to be ineffective in stopping the imminent danger of
10serious physical harm; (iii) there is no known medical
11contraindication to its use on the student; and (iv) the school
12staff member or members applying the use of time out, isolated
13time out, or physical restraint on a student have been trained
14in its safe application, as established by rule by the State
15Board of Education. Isolated time out is allowed only under
16limited circumstances as set forth in this Section. If all
17other requirements under this Section are met, isolated time
18out may be used only if the adult in the time out room or
19enclosure is in imminent danger of serious physical harm
20because the student is unable to cease actively engaging in
21extreme physical aggression.
22    Prone restraint, mechanical restraint, and chemical
23restraint are prohibited.
24    (d) The Until rules are adopted under Section 2-3.130 of
25this Code, the use of any of the following rooms or enclosures
26for an isolated time out or time out purposes is prohibited:

 

 

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1        (1) a locked room or a room in which the door is
2    obstructed, prohibiting it from opening other than one with
3    a locking mechanism that engages only when a key or handle
4    is being held by a person;
5        (2) a confining space such as a closet or box;
6        (3) a room where the student cannot be continually
7    observed; or
8        (4) any other room or enclosure or time out procedure
9    that is contrary to current rules adopted by guidelines of
10    the State Board of Education.
11    (e) The deprivation of necessities needed to sustain the
12health of a person, including, without limitation, the denial
13or unreasonable delay in the provision of the following, is
14prohibited:
15        (1) food or liquid at a time when it is customarily
16    served;
17        (2) medication; or
18        (3) the use of a restroom.
19    (f) (Blank). The use of physical restraints is prohibited
20except when (i) the student poses a physical risk to himself,
21herself, or others, (ii) there is no medical contraindication
22to its use, and (iii) the staff applying the restraint have
23been trained in its safe application. For the purposes of this
24Section, "restraint" does not include momentary periods of
25physical restriction by direct person-to-person contact,
26without the aid of material or mechanical devices, accomplished

 

 

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1with limited force and that are designed (i) to prevent a
2student from completing an act that would result in potential
3physical harm to himself, herself, or another or damage to
4property or (ii) to remove a disruptive student who is
5unwilling to voluntarily leave the area. The use of physical
6restraints that meet the requirements of this Section may be
7included in a student's individualized education plan where
8deemed appropriate by the student's individualized education
9plan team.
10    (g) Following each incident of isolated time out, time out,
11or physical restraint, but no later than 2 school days after
12the incident, the principal or another designated
13administrator shall notify the student's parent or guardian
14that he or she may request a meeting with appropriate school
15personnel to discuss the incident. This meeting shall be held
16separate and apart from meetings held in accordance with the
17student's individualized education program or from meetings
18held in accordance with the student's plan for services under
19Section 504 of the federal Rehabilitation Act of 1973. If a
20parent or guardian requests a meeting, the meeting shall be
21convened within 2 school days after the request, provided that
22the 2-school day limitation shall be extended if requested by
23the parent or guardian. The parent or guardian may also request
24that the meeting be convened via telephone or video conference.
25    The meeting shall include the student, if appropriate, at
26least one school staff member involved in the incident of

 

 

10100HB2263sam001- 20 -LRB101 04750 CMG 74772 a

1isolated time out, time out, or physical restraint, the
2student's parent or guardian, and at least one appropriate
3school staff member not involved in the incident of isolated
4time out, time out, or physical restraint, such as a social
5worker, psychologist, nurse, or behavioral specialist. During
6the meeting, the school staff member or members involved in the
7incident of isolated time out, time out, or physical restraint,
8the student, and the student's parent or guardian, if
9applicable, shall be provided an opportunity to describe (i)
10the events that occurred prior to the incident of isolated time
11out, time out, or physical restraint and any actions that were
12taken by school personnel or the student leading up to the
13incident; (ii) the incident of isolated time out, time out, or
14physical restraint; and (iii) the events that occurred or the
15actions that were taken following the incident of isolated time
16out, time out, or physical restraint and whether the student
17returned to regular school activities and, if not, how the
18student spent the remainder of the school day. All parties
19present at the meeting shall have the opportunity to discuss
20what school personnel could have done differently to avoid the
21incident of isolated time out, time out, or physical restraint
22and what alternative courses of action, if any, the school can
23take to support the student and to avoid the future use of
24isolated time out, time out, or physical restraint. At no point
25may a student be excluded from school solely because a meeting
26has not occurred.

 

 

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1    A summary of the meeting and any agreements or conclusions
2reached during the meeting shall be documented in writing and
3shall become part of the student's school record. A copy of the
4documents shall be provided to the student's parent or
5guardian. If a parent or guardian does not request a meeting
6within 10 school days after the school has provided the
7documents to the parent or guardian or if a parent or guardian
8fails to attend a requested meeting, that fact shall be
9documented as part of the student's school record.
10    (h) Whenever isolated time out, time out, or physical
11restraint is used physical restraints are used, school
12personnel shall fully document and report to the State Board of
13Education the incident, including the events leading up to the
14incident, what alternative measures that are less restrictive
15and intrusive were used prior to the use of isolated time out,
16time out, or physical restraint, why those measures were
17ineffective or deemed inappropriate, the type of restraint,
18isolated time out, or time out that was used, the length of
19time the student was in isolated time out or time out or was is
20restrained, and the staff involved. The parents or guardian of
21a student and the State Superintendent of Education shall be
22informed whenever isolated time out, time out, or physical
23restraint is restraints are used.
24    Schools shall provide parents and guardians with the
25following information, to be developed by the State Board and
26which may be incorporated into the State Board's prescribed

 

 

10100HB2263sam001- 22 -LRB101 04750 CMG 74772 a

1physical restraint and time out form at the discretion of the
2State Board, after each incident in which isolated time out,
3time out, or physical restraint is used during the school year,
4in printed form or, upon the written request of the parent or
5guardian, by email:
6        (1) a copy of the standards for when isolated time out,
7    time out, and physical restraint can be used;
8        (2) information about the rights of parents,
9    guardians, and students; and
10        (3) information about the parent's or guardian's right
11    to file a complaint with the State Superintendent of
12    Education, the complaint process, and other information to
13    assist the parent or guardian in navigating the complaint
14    process.
15    (i) Any use of isolated time out, time out, or physical
16restraint that is permitted by the board's policy shall be
17implemented in accordance with written procedures.
18(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".