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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||||||||||||||||||||||||
5 | 2-3.130, 10-20.33, and 34-18.20 as follows:
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6 | (105 ILCS 5/2-3.130)
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7 | Sec. 2-3.130. Isolated time out, time Time out , and | ||||||||||||||||||||||||||||
8 | physical restraint rules ; grant program; third-party | ||||||||||||||||||||||||||||
9 | assistance; goals and plans . | ||||||||||||||||||||||||||||
10 | (a) For purposes of this Section, "isolated time out", | ||||||||||||||||||||||||||||
11 | "physical restraint", and "time out" have the meanings given | ||||||||||||||||||||||||||||
12 | to those terms under Section 10-20.33. | ||||||||||||||||||||||||||||
13 | (b) The
State Board of Education shall promulgate rules | ||||||||||||||||||||||||||||
14 | governing the use of isolated time out, time out ,
and physical | ||||||||||||||||||||||||||||
15 | restraint in the public schools. The rules shall include
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16 | provisions governing the documentation and reporting | ||||||||||||||||||||||||||||
17 | recordkeeping that is required each time these interventions | ||||||||||||||||||||||||||||
18 | when physical restraint or
more restrictive forms of time out | ||||||||||||||||||||||||||||
19 | are used.
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20 | The rules adopted by the State Board shall
include a | ||||||||||||||||||||||||||||
21 | procedure by which a person who believes a violation of
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22 | Section 10-20.33 or 34-18.20 has occurred may file a | ||||||||||||||||||||||||||||
23 | complaint.
The rules adopted by the State Board shall include |
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1 | training requirements that must be included in training | ||||||
2 | programs used to train and certify school personnel. | ||||||
3 | The State Board shall establish procedures for progressive | ||||||
4 | enforcement
actions to ensure that schools fully comply with | ||||||
5 | the
documentation and reporting requirements for isolated time | ||||||
6 | out, time out, and physical
restraint established by rule, | ||||||
7 | which shall include meaningful and
appropriate sanctions for | ||||||
8 | the failure to comply, including the failure to
report to the | ||||||
9 | parent or guardian and to the State Board, the failure
to | ||||||
10 | timely report, and the failure to provide detailed | ||||||
11 | documentation. | ||||||
12 | (c) Subject to appropriation, the State Board must create | ||||||
13 | a
grant program for school districts and special education
| ||||||
14 | cooperatives
and charter schools approved by the State Board | ||||||
15 | to implement school-wide,
culturally sensitive, and | ||||||
16 | trauma-informed practices, positive
behavioral interventions | ||||||
17 | and supports, and restorative practices
within a multi-tiered | ||||||
18 | system of support aimed at reducing the
need for | ||||||
19 | interventions, such as isolated time out, time out, and | ||||||
20 | physical restraint. | ||||||
21 | (d) Subject to the Illinois Procurement Code, the Illinois | ||||||
22 | School Student Records Act, the Mental Health and | ||||||
23 | Developmental Disabilities Confidentiality Act, and the | ||||||
24 | federal Family Educational Rights and Privacy Act of 1974, the | ||||||
25 | State Board may contract with a third party to provide
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26 | assistance with the oversight and monitoring of the use of |
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1 | isolated time
out, time out, and physical restraint by school | ||||||
2 | districts. | ||||||
3 | (e) The State Board shall establish goals within 90 days | ||||||
4 | after the effective date of this amendatory Act of the 102nd | ||||||
5 | General Assembly, with
specific benchmarks, for schools to | ||||||
6 | accomplish the systemic reduction
of isolated time out, time | ||||||
7 | out, and physical restraint within 3 years after the effective | ||||||
8 | date of this amendatory Act of the 102nd General Assembly.
The | ||||||
9 | State Board shall engage in meaningful consultation with | ||||||
10 | stakeholders to establish the goals, including in the review | ||||||
11 | and evaluation of the data submitted. Each school board shall | ||||||
12 | create a time out and physical restraint oversight team that | ||||||
13 | includes, but is not limited to, teachers, paraprofessionals, | ||||||
14 | school service personnel, and administrators to develop (i) a | ||||||
15 | school-specific plan for reducing and eventually eliminating | ||||||
16 | the use
of isolated time out, time out, and physical restraint | ||||||
17 | in accordance with the goals and benchmarks established by the | ||||||
18 | State Board and (ii) procedures to implement the plan | ||||||
19 | developed by the team. | ||||||
20 | The progress toward the reduction and eventual elimination | ||||||
21 | of the use of isolated time out and physical restraint shall be | ||||||
22 | measured by the reduction in the overall number of incidents | ||||||
23 | of those interventions and the total number of students | ||||||
24 | subjected to those interventions. In limited cases, upon | ||||||
25 | written application made by a school district and approved by | ||||||
26 | the State Board based on criteria developed by the State Board |
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1 | to show good cause, the reduction in the use of those | ||||||
2 | interventions may be measured by the frequency of the use of | ||||||
3 | those interventions on individual students and the student | ||||||
4 | population as a whole. The State Board shall specify a date for | ||||||
5 | submission of the plans. School districts shall submit a | ||||||
6 | report once each year for 3 years after the effective date of | ||||||
7 | this amendatory Act of the 102nd General Assembly to the State | ||||||
8 | Board on the progress made toward achieving the goals and | ||||||
9 | benchmarks established by the State Board and modify their | ||||||
10 | plans as necessary to satisfy those goals and benchmarks. | ||||||
11 | School districts shall notify parents and guardians that the | ||||||
12 | plans and reports are available for review. On or before June | ||||||
13 | 30, 2023, the State Board shall issue a report to the General | ||||||
14 | Assembly on the progress made by schools to achieve those | ||||||
15 | goals and benchmarks. The required plans shall include, but | ||||||
16 | not be limited to, the specific actions that are to be taken
| ||||||
17 | to: | ||||||
18 | (1) reduce and eventually eliminate a reliance on | ||||||
19 | isolated time out, time out, and physical restraint for | ||||||
20 | behavioral interventions and develop noncoercive | ||||||
21 | environments; | ||||||
22 | (2) develop individualized student plans that are | ||||||
23 | oriented toward prevention of the use of isolated time | ||||||
24 | out, time out, and physical restraint with the intent that | ||||||
25 | a plan be separate and apart from a student's | ||||||
26 | individualized education program or a student's
plan
for |
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1 | services under Section 504 of the federal Rehabilitation | ||||||
2 | Act of 1973; | ||||||
3 | (3) ensure that appropriate school personnel are fully | ||||||
4 | informed of the student's history, including any history | ||||||
5 | of physical or sexual abuse, and other relevant medical | ||||||
6 | and mental health information, except that any disclosure | ||||||
7 | of student information must be consistent with federal and | ||||||
8 | State laws and rules governing student confidentiality and | ||||||
9 | privacy rights; and | ||||||
10 | (4) support a vision for cultural change that | ||||||
11 | reinforces the following: | ||||||
12 | (A) positive behavioral interventions and support | ||||||
13 | rather than isolated time out, time out, and physical | ||||||
14 | restraint; | ||||||
15 | (B) effective ways to de-escalate situations to | ||||||
16 | avoid isolated time out, time out, and physical | ||||||
17 | restraint; | ||||||
18 | (C) crisis intervention techniques that utilize | ||||||
19 | alternatives to isolated time out, time out, and | ||||||
20 | physical restraint; and | ||||||
21 | (D) use of debriefing meetings to reassess what | ||||||
22 | occurred and why it occurred and to think through ways | ||||||
23 | to prevent use of the intervention the next time. | ||||||
24 | (f) A school is exempt from the requirement to submit a | ||||||
25 | plan and the annual reports under subsection (e) if the school | ||||||
26 | is able to demonstrate to the satisfaction of the State Board |
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1 | that (i) within the previous 3 years, the school district has | ||||||
2 | never engaged in the use of isolated time out, time out, or | ||||||
3 | physical restraint and (ii) the school has adopted a written | ||||||
4 | policy that prohibits the use isolated time out, time out, and | ||||||
5 | physical restraint on a student and is able to demonstrate the | ||||||
6 | enforcement of that policy. | ||||||
7 | (g) The State Board shall establish a system of ongoing | ||||||
8 | review,
auditing, and monitoring to ensure that schools comply | ||||||
9 | with the
documentation and reporting requirements and meet the | ||||||
10 | State Board's established goals
and benchmarks for reducing | ||||||
11 | and eventually eliminating the use of isolated time out, time | ||||||
12 | out, and
physical restraint. | ||||||
13 | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
| ||||||
14 | (105 ILCS 5/10-20.33)
| ||||||
15 | Sec. 10-20.33. Time out , isolated time out, and physical | ||||||
16 | restraint , and necessities; limitations and prohibitions . | ||||||
17 | (a) The General Assembly finds and declares that the use | ||||||
18 | of isolated time
out, time out, and physical restraint on | ||||||
19 | children and youth carries risks to the health and safety of | ||||||
20 | students and staff; therefore, the ultimate
goal is to reduce | ||||||
21 | and eventually eliminate the use of those interventions. The | ||||||
22 | General Assembly also finds and declares that the State Board | ||||||
23 | of Education
must take affirmative action to lead and support | ||||||
24 | schools in
transforming the school culture to reduce and | ||||||
25 | eliminate the use of all
such interventions over time. |
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1 | (b) In this Section: | ||||||
2 | "Chemical restraint" means the use of medication to | ||||||
3 | control a student's behavior or to restrict a student's | ||||||
4 | freedom of movement. "Chemical restraint" does not include | ||||||
5 | medication that is legally prescribed and administered as part | ||||||
6 | of a student's regular medical regimen to manage behavioral | ||||||
7 | symptoms and treat medical symptoms. | ||||||
8 | "Isolated time out" means the involuntary confinement of a | ||||||
9 | student alone in a time out room or other enclosure outside of | ||||||
10 | the classroom without a supervising adult in the time out room | ||||||
11 | or enclosure. | ||||||
12 | "Isolated time out" or "time out" does not include a | ||||||
13 | student-initiated or student-requested break, a | ||||||
14 | student-initiated sensory break or a teacher-initiated sensory | ||||||
15 | break that may include a sensory room containing sensory tools | ||||||
16 | to assist a student to calm and de-escalate, an in-school | ||||||
17 | suspension or detention, or any other appropriate disciplinary | ||||||
18 | measure, including the student's brief removal to the hallway | ||||||
19 | or similar environment. | ||||||
20 | "Mechanical restraint" means the use of any device or | ||||||
21 | equipment to limit a student's movement or to hold a student | ||||||
22 | immobile. "Mechanical restraint" does not include any | ||||||
23 | restraint used to (i) treat a student's medical needs; (ii) | ||||||
24 | protect a student who is known to be at risk of injury | ||||||
25 | resulting from a lack of coordination or frequent loss of | ||||||
26 | consciousness; (iii) position a student with physical |
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1 | disabilities in a manner specified in the student's | ||||||
2 | individualized education program, federal Section 504 plan, or | ||||||
3 | other plan of care; (iv) provide a supplementary aid, service, | ||||||
4 | or accommodation, including, but not limited to, assistive | ||||||
5 | technology that provides proprioceptive input or aids in | ||||||
6 | self-regulation; or (v) promote student safety in vehicles | ||||||
7 | used to transport students. | ||||||
8 | "Physical restraint" or "restraint" means holding a | ||||||
9 | student or otherwise restricting a student's movements. | ||||||
10 | "Physical restraint" or "restraint" does not include momentary | ||||||
11 | periods of physical restriction by direct person to person | ||||||
12 | contact, without the aid of material or mechanical devices, | ||||||
13 | that are accomplished with limited force and that are designed | ||||||
14 | to prevent a student from completing an act that would result | ||||||
15 | in potential physical harm to himself, herself, or another or | ||||||
16 | damage to property. | ||||||
17 | "Prone physical restraint" means a physical restraint in | ||||||
18 | which a student is held face down on the floor or other surface | ||||||
19 | and physical pressure is applied to the student's body to keep | ||||||
20 | the student in the prone position. | ||||||
21 | "Time out" means a behavior management technique for the | ||||||
22 | purpose of calming or de-escalation that involves the | ||||||
23 | involuntary monitored separation of a student from classmates | ||||||
24 | with a trained adult for part of the school day, only for a | ||||||
25 | brief time, in a non-locked setting. | ||||||
26 | (c) Isolated time out, time out, and physical restraint, |
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| |||||||
1 | other than prone physical restraint, may be used only if (i) | ||||||
2 | the student's behavior presents an imminent danger of serious | ||||||
3 | physical harm to the student or to others; (ii) other less | ||||||
4 | restrictive and intrusive measures have been tried and have | ||||||
5 | proven to be ineffective in stopping the imminent danger of | ||||||
6 | serious physical harm; (iii) there is no known medical | ||||||
7 | contraindication to its use on the student; and (iv) the | ||||||
8 | school staff member or members applying the use of time out, | ||||||
9 | isolated time out, or physical restraint on a student have | ||||||
10 | been trained in its safe application, as established by rule | ||||||
11 | by the State Board of Education. Isolated time out is allowed | ||||||
12 | only under limited circumstances as set forth in this Section. | ||||||
13 | If all other requirements under this Section are met, isolated | ||||||
14 | time out may be used only if the adult in the time out room or | ||||||
15 | enclosure is in imminent danger of serious physical harm | ||||||
16 | because the student is unable to cease actively engaging in | ||||||
17 | extreme physical aggression. | ||||||
18 | Prone restraint, mechanical restraint, and chemical | ||||||
19 | restraint are prohibited. | ||||||
20 | (d) The Until
rules are adopted under Section 2-3.130 of | ||||||
21 | this Code, the use
of any of the following rooms or enclosures | ||||||
22 | for an isolated time out or time out purposes is
prohibited:
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23 | (1) a locked room or a room in which the door is | ||||||
24 | obstructed, prohibiting it from opening other than one | ||||||
25 | with a locking mechanism that engages
only when a key or | ||||||
26 | handle is being held by a person ;
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| |||||||
1 | (2) a confining space such as a closet or box;
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2 | (3) a room where the student cannot be continually | ||||||
3 | observed; or
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4 | (4) any other room or enclosure or time out procedure | ||||||
5 | that is contrary to
current rules adopted by guidelines of | ||||||
6 | the State Board of Education.
| ||||||
7 | (e) The deprivation of necessities needed to sustain the | ||||||
8 | health of a person, including, without limitation, the denial | ||||||
9 | or unreasonable delay in the provision of the following, is | ||||||
10 | prohibited: | ||||||
11 | (1) food or liquid at a time when it is customarily | ||||||
12 | served; | ||||||
13 | (2) medication; or | ||||||
14 | (3) the use of a restroom. | ||||||
15 | (f) (Blank). The use of physical restraints is prohibited | ||||||
16 | except when (i) the student
poses a physical risk to himself, | ||||||
17 | herself, or others, (ii) there is no medical
contraindication | ||||||
18 | to its use, and (iii) the staff applying the restraint have
| ||||||
19 | been trained in its safe application. For the purposes of this | ||||||
20 | Section,
"restraint" does not include momentary periods of | ||||||
21 | physical restriction by
direct person-to-person contact, | ||||||
22 | without the aid of material or mechanical
devices, | ||||||
23 | accomplished with limited force and that are designed (i) to | ||||||
24 | prevent a
student from completing an act that would result in | ||||||
25 | potential physical harm to
himself, herself, or another or | ||||||
26 | damage to property or (ii) to remove a
disruptive student who |
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1 | is unwilling to voluntarily leave the area. The use of
| ||||||
2 | physical restraints that meet the requirements of this Section | ||||||
3 | may be included
in a student's individualized education plan | ||||||
4 | where deemed appropriate by the
student's individualized | ||||||
5 | education plan team. | ||||||
6 | (g) Following each incident of isolated time out, time | ||||||
7 | out, or physical restraint, but no later than 2 school days | ||||||
8 | after the incident, the principal or another designated | ||||||
9 | administrator shall notify the student's parent or guardian | ||||||
10 | that he or she may request a meeting with appropriate school | ||||||
11 | personnel to discuss the incident. This meeting shall be held | ||||||
12 | separate and apart from meetings held in accordance with the | ||||||
13 | student's individualized education program or from meetings | ||||||
14 | held in accordance with the student's plan for services under | ||||||
15 | Section 504 of the federal Rehabilitation Act of 1973. If a | ||||||
16 | parent or guardian requests a meeting, the meeting shall be | ||||||
17 | convened within 2 school days after the request, provided that | ||||||
18 | the 2-school day limitation shall be extended if requested by | ||||||
19 | the parent or guardian. The parent or guardian may also | ||||||
20 | request that the meeting be convened via telephone or video | ||||||
21 | conference. | ||||||
22 | The meeting shall include the student, if appropriate, at | ||||||
23 | least one school staff member involved in the incident of | ||||||
24 | isolated time out, time out, or physical restraint, the | ||||||
25 | student's parent or guardian, and at least one appropriate | ||||||
26 | school staff member not involved in the incident of isolated |
| |||||||
| |||||||
1 | time out, time out, or physical restraint, such as a social | ||||||
2 | worker, psychologist, nurse, or behavioral specialist. During | ||||||
3 | the meeting, the school staff member or members involved in | ||||||
4 | the incident of isolated time out, time out, or physical | ||||||
5 | restraint, the student, and the student's parent or guardian, | ||||||
6 | if applicable, shall be provided an opportunity to describe | ||||||
7 | (i) the events that occurred prior to the incident of isolated | ||||||
8 | time out, time out, or physical restraint and any actions that | ||||||
9 | were taken by school personnel or the student leading up to the | ||||||
10 | incident; (ii) the incident of isolated time out, time out, or | ||||||
11 | physical restraint; and (iii) the events that occurred or the | ||||||
12 | actions that were taken following the incident of isolated | ||||||
13 | time out, time out, or physical restraint and whether the | ||||||
14 | student returned to regular school activities and, if not, how | ||||||
15 | the student spent the remainder of the school day. All parties | ||||||
16 | present at the meeting shall have the opportunity to discuss | ||||||
17 | what school personnel could have done differently to avoid the | ||||||
18 | incident of isolated time out, time out, or physical restraint | ||||||
19 | and what alternative courses of action, if any, the school can | ||||||
20 | take to support the student and to avoid the future use of | ||||||
21 | isolated time out, time out, or physical restraint. At no | ||||||
22 | point may a student be excluded from school solely because a | ||||||
23 | meeting has not occurred. | ||||||
24 | A summary of the meeting and any agreements or conclusions | ||||||
25 | reached during the meeting shall be documented in writing and | ||||||
26 | shall become part of the student's school record. A copy of the |
| |||||||
| |||||||
1 | documents shall be provided to the student's parent or | ||||||
2 | guardian. If a parent or guardian does not request a meeting | ||||||
3 | within 10 school days after the school has provided the | ||||||
4 | documents to the parent or guardian or if a parent or guardian | ||||||
5 | fails to attend a requested meeting, that fact shall be | ||||||
6 | documented as part of the student's school record. | ||||||
7 | (h) Whenever isolated time out, time out, or physical | ||||||
8 | restraint is used physical restraints are
used , school | ||||||
9 | personnel shall fully document and report to the State Board
| ||||||
10 | of Education the incident, including the events
leading up to | ||||||
11 | the incident, what alternative measures that are less
| ||||||
12 | restrictive and intrusive were used prior to the use of | ||||||
13 | isolated time out, time out, or
physical restraint, why those | ||||||
14 | measures were ineffective or deemed inappropriate, the type of | ||||||
15 | restraint , isolated time out, or time out that was used, the | ||||||
16 | length of time the
student was in isolated time out or time out | ||||||
17 | or was is restrained, and the staff involved. The parents or | ||||||
18 | guardian of
a student and the State Superintendent of | ||||||
19 | Education shall be informed whenever isolated time out, time | ||||||
20 | out, or physical restraint is restraints are used.
| ||||||
21 | Schools shall provide parents and guardians with the | ||||||
22 | following
information, to be developed by the State Board and | ||||||
23 | which may be incorporated into the State Board's prescribed | ||||||
24 | physical restraint and time out form at the discretion of the | ||||||
25 | State Board, after each
incident in which isolated time out, | ||||||
26 | time out, or physical restraint is used during
the school |
| |||||||
| |||||||
1 | year, in printed form or, upon the written request of
the | ||||||
2 | parent or guardian, by email: | ||||||
3 | (1) a copy of the standards for when isolated time | ||||||
4 | out, time out, and physical restraint can be used; | ||||||
5 | (2) information about the rights of parents, | ||||||
6 | guardians, and students; and | ||||||
7 | (3) information about the parent's or guardian's right | ||||||
8 | to file a complaint with the State Superintendent of | ||||||
9 | Education, the complaint process, and other information to | ||||||
10 | assist the parent or guardian in navigating the complaint | ||||||
11 | process. | ||||||
12 | (i) Any use of isolated time out, time out, or physical | ||||||
13 | restraint that is permitted by a school board's policy shall | ||||||
14 | be implemented in accordance with written procedures. | ||||||
15 | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
| ||||||
16 | (105 ILCS 5/34-18.20)
| ||||||
17 | Sec. 34-18.20. Time out , isolated time out, and physical | ||||||
18 | restraint , and necessities; limitations and prohibitions . | ||||||
19 | (a) The General Assembly finds and declares that the use | ||||||
20 | of isolated time
out, time out, and physical restraint on | ||||||
21 | children and youth carries risks to the health and safety of | ||||||
22 | students and staff; therefore, the ultimate
goal is to reduce | ||||||
23 | and eventually eliminate the use of those interventions. The | ||||||
24 | General Assembly also finds and declares that the State Board | ||||||
25 | of Education
must take affirmative action to lead and support |
| |||||||
| |||||||
1 | schools in
transforming the school culture to reduce and | ||||||
2 | eliminate the use of all
such interventions over time. | ||||||
3 | (b) In this Section: | ||||||
4 | "Chemical restraint" means the use of medication to | ||||||
5 | control a student's behavior or to restrict a student's | ||||||
6 | freedom of movement. "Chemical restraint" does not include | ||||||
7 | medication that is legally prescribed and administered as part | ||||||
8 | of a student's regular medical regimen to manage behavioral | ||||||
9 | symptoms and treat medical symptoms. | ||||||
10 | "Isolated time out" means the involuntary confinement of a | ||||||
11 | student alone in a time out room or other enclosure outside of | ||||||
12 | the classroom without a supervising adult in the time out room | ||||||
13 | or enclosure. | ||||||
14 | "Isolated time out" or "time out" does not include a | ||||||
15 | student-initiated or student-requested break, a | ||||||
16 | student-initiated sensory break or a teacher-initiated sensory | ||||||
17 | break that may include a sensory room containing sensory tools | ||||||
18 | to assist a student to calm and de-escalate, an in-school | ||||||
19 | suspension or detention, or any other appropriate disciplinary | ||||||
20 | measure, including the student's brief removal to the hallway | ||||||
21 | or similar environment. | ||||||
22 | "Mechanical restraint" means the use of any device or | ||||||
23 | equipment to limit a student's movement or to hold a student | ||||||
24 | immobile. "Mechanical restraint" does not include any | ||||||
25 | restraint used to (i) treat a student's medical needs; (ii) | ||||||
26 | protect a student who is known to be at risk of injury |
| |||||||
| |||||||
1 | resulting from a lack of coordination or frequent loss of | ||||||
2 | consciousness; (iii) position a student with physical | ||||||
3 | disabilities in a manner specified in the student's | ||||||
4 | individualized education program, federal Section 504 plan, or | ||||||
5 | other plan of care; (iv) provide a supplementary aid, service, | ||||||
6 | or accommodation, including, but not limited to, assistive | ||||||
7 | technology that provides proprioceptive input or aids in | ||||||
8 | self-regulation; or (v) promote student safety in vehicles | ||||||
9 | used to transport students. | ||||||
10 | "Physical restraint" or "restraint" means holding a | ||||||
11 | student or otherwise restricting a student's movements. | ||||||
12 | "Physical restraint" or "restraint" does not include momentary | ||||||
13 | periods of physical restriction by direct person to person | ||||||
14 | contact, without the aid of material or mechanical devices, | ||||||
15 | that are accomplished with limited force and that are designed | ||||||
16 | to prevent a student from completing an act that would result | ||||||
17 | in potential physical harm to himself, herself, or another or | ||||||
18 | damage to property. | ||||||
19 | "Prone physical restraint" means a physical restraint in | ||||||
20 | which a student is held face down on the floor or other surface | ||||||
21 | and physical pressure is applied to the student's body to keep | ||||||
22 | the student in the prone position. | ||||||
23 | "Time out" means a behavior management technique for the | ||||||
24 | purpose of calming or de-escalation that involves the | ||||||
25 | involuntary monitored separation of a student from classmates | ||||||
26 | with a trained adult for part of the school day, only for a |
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1 | brief time, in a non-locked setting. | ||||||
2 | (c) Isolated time out, time out, and physical restraint, | ||||||
3 | other than prone physical restraint, may be used only if (i) | ||||||
4 | the student's behavior presents an imminent danger of serious | ||||||
5 | physical harm to the student or to others; (ii) other less | ||||||
6 | restrictive and intrusive measures have been tried and have | ||||||
7 | proven to be ineffective in stopping the imminent danger of | ||||||
8 | serious physical harm; (iii) there is no known medical | ||||||
9 | contraindication to its use on the student; and (iv) the | ||||||
10 | school staff member or members applying the use of time out, | ||||||
11 | isolated time out, or physical restraint on a student have | ||||||
12 | been trained in its safe application, as established by rule | ||||||
13 | by the State Board of Education. Isolated time out is allowed | ||||||
14 | only under limited circumstances as set forth in this Section. | ||||||
15 | If all other requirements under this Section are met, isolated | ||||||
16 | time out may be used only if the adult in the time out room or | ||||||
17 | enclosure is in imminent danger of serious physical harm | ||||||
18 | because the student is unable to cease actively engaging in | ||||||
19 | extreme physical aggression. | ||||||
20 | Prone restraint, mechanical restraint, and chemical | ||||||
21 | restraint are prohibited. | ||||||
22 | (d) The Until
rules are adopted under Section 2-3.130 of | ||||||
23 | this Code, the use
of any of the following rooms or enclosures | ||||||
24 | for an isolated time out or time out purposes is
prohibited:
| ||||||
25 | (1) a locked room or a room in which the door is | ||||||
26 | obstructed, prohibiting it from opening other than one |
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1 | with a locking mechanism that engages
only when a key or | ||||||
2 | handle is being held by a person ;
| ||||||
3 | (2) a confining space such as a closet or box;
| ||||||
4 | (3) a room where the student cannot be continually | ||||||
5 | observed; or
| ||||||
6 | (4) any other room or enclosure or time out procedure | ||||||
7 | that is contrary to
current rules adopted by guidelines of | ||||||
8 | the State Board of Education.
| ||||||
9 | (e) The deprivation of necessities needed to sustain the | ||||||
10 | health of a person, including, without limitation, the denial | ||||||
11 | or unreasonable delay in the provision of the following, is | ||||||
12 | prohibited: | ||||||
13 | (1) food or liquid at a time when it is customarily | ||||||
14 | served; | ||||||
15 | (2) medication; or | ||||||
16 | (3) the use of a restroom. | ||||||
17 | (f) (Blank). The use of physical restraints is prohibited | ||||||
18 | except when (i) the student
poses a physical risk to himself, | ||||||
19 | herself, or others, (ii) there is no medical
contraindication | ||||||
20 | to its use, and (iii) the staff applying the restraint have
| ||||||
21 | been trained in its safe application. For the purposes of this | ||||||
22 | Section,
"restraint" does not include momentary periods of | ||||||
23 | physical restriction by
direct person-to-person contact, | ||||||
24 | without the aid of material or mechanical
devices, | ||||||
25 | accomplished with limited force and that are designed (i) to | ||||||
26 | prevent a
student from completing an act that would result in |
| |||||||
| |||||||
1 | potential physical harm to
himself, herself, or another or | ||||||
2 | damage to property or (ii) to remove a
disruptive student who | ||||||
3 | is unwilling to voluntarily leave the area. The use of
| ||||||
4 | physical restraints that meet the requirements of this Section | ||||||
5 | may be included
in a student's individualized education plan | ||||||
6 | where deemed appropriate by the
student's individualized | ||||||
7 | education plan team. | ||||||
8 | (g) Following each incident of isolated time out, time | ||||||
9 | out, or physical restraint, but no later than 2 school days | ||||||
10 | after the incident, the principal or another designated | ||||||
11 | administrator shall notify the student's parent or guardian | ||||||
12 | that he or she may request a meeting with appropriate school | ||||||
13 | personnel to discuss the incident. This meeting shall be held | ||||||
14 | separate and apart from meetings held in accordance with the | ||||||
15 | student's individualized education program or from meetings | ||||||
16 | held in accordance with the student's plan for services under | ||||||
17 | Section 504 of the federal Rehabilitation Act of 1973. If a | ||||||
18 | parent or guardian requests a meeting, the meeting shall be | ||||||
19 | convened within 2 school days after the request, provided that | ||||||
20 | the 2-school day limitation shall be extended if requested by | ||||||
21 | the parent or guardian. The parent or guardian may also | ||||||
22 | request that the meeting be convened via telephone or video | ||||||
23 | conference. | ||||||
24 | The meeting shall include the student, if appropriate, at | ||||||
25 | least one school staff member involved in the incident of | ||||||
26 | isolated time out, time out, or physical restraint, the |
| |||||||
| |||||||
1 | student's parent or guardian, and at least one appropriate | ||||||
2 | school staff member not involved in the incident of isolated | ||||||
3 | time out, time out, or physical restraint, such as a social | ||||||
4 | worker, psychologist, nurse, or behavioral specialist. During | ||||||
5 | the meeting, the school staff member or members involved in | ||||||
6 | the incident of isolated time out, time out, or physical | ||||||
7 | restraint, the student, and the student's parent or guardian, | ||||||
8 | if applicable, shall be provided an opportunity to describe | ||||||
9 | (i) the events that occurred prior to the incident of isolated | ||||||
10 | time out, time out, or physical restraint and any actions that | ||||||
11 | were taken by school personnel or the student leading up to the | ||||||
12 | incident; (ii) the incident of isolated time out, time out, or | ||||||
13 | physical restraint; and (iii) the events that occurred or the | ||||||
14 | actions that were taken following the incident of isolated | ||||||
15 | time out, time out, or physical restraint and whether the | ||||||
16 | student returned to regular school activities and, if not, how | ||||||
17 | the student spent the remainder of the school day. All parties | ||||||
18 | present at the meeting shall have the opportunity to discuss | ||||||
19 | what school personnel could have done differently to avoid the | ||||||
20 | incident of isolated time out, time out, or physical restraint | ||||||
21 | and what alternative courses of action, if any, the school can | ||||||
22 | take to support the student and to avoid the future use of | ||||||
23 | isolated time out, time out, or physical restraint. At no | ||||||
24 | point may a student be excluded from school solely because a | ||||||
25 | meeting has not occurred. | ||||||
26 | A summary of the meeting and any agreements or conclusions |
| |||||||
| |||||||
1 | reached during the meeting shall be documented in writing and | ||||||
2 | shall become part of the student's school record. A copy of the | ||||||
3 | documents shall be provided to the student's parent or | ||||||
4 | guardian. If a parent or guardian does not request a meeting | ||||||
5 | within 10 school days after the school has provided the | ||||||
6 | documents to the parent or guardian or if a parent or guardian | ||||||
7 | fails to attend a requested meeting, that fact shall be | ||||||
8 | documented as part of the student's school record. | ||||||
9 | (h) Whenever isolated time out, time out, or physical | ||||||
10 | restraint is used physical restraints are
used , school | ||||||
11 | personnel shall fully document and report to the State Board
| ||||||
12 | of Education the incident, including the events
leading up to | ||||||
13 | the incident, what alternative measures that are less
| ||||||
14 | restrictive and intrusive were used prior to the use of | ||||||
15 | isolated time out, time out, or
physical restraint, why those | ||||||
16 | measures were ineffective or deemed inappropriate, the type of | ||||||
17 | restraint , isolated time out, or time out that was used, the | ||||||
18 | length of time the
student was in isolated time out or time out | ||||||
19 | or was is restrained, and the staff involved. The parents or
| ||||||
20 | guardian of a student and the State Superintendent of | ||||||
21 | Education shall be informed whenever isolated time out, time | ||||||
22 | out, or physical restraint is restraints are used.
| ||||||
23 | Schools shall provide parents and guardians with the | ||||||
24 | following
information, to be developed by the State Board and | ||||||
25 | which may be incorporated into the State Board's prescribed | ||||||
26 | physical restraint and time out form at the discretion of the |
| |||||||
| |||||||
1 | State Board, after each
incident in which isolated time out, | ||||||
2 | time out, or physical restraint is used during
the school | ||||||
3 | year, in printed form or, upon the written request of
the | ||||||
4 | parent or guardian, by email: | ||||||
5 | (1) a copy of the standards for when isolated time | ||||||
6 | out, 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 | ||||||
15 | restraint that is permitted by the board's policy shall be | ||||||
16 | implemented in accordance with written procedures. | ||||||
17 | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
| ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
|