Rep. Jonathan Carroll
Filed: 3/16/2021
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1 | AMENDMENT TO HOUSE BILL 219
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2 | AMENDMENT NO. ______. Amend House Bill 219 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing | ||||||
5 | Sections 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 special education nonpublic facilities and the | ||||||
16 | public schools. The rules shall include
provisions governing |
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1 | the documentation and reporting recordkeeping that is required | ||||||
2 | each time these interventions when physical restraint or
more | ||||||
3 | restrictive forms of time out are used.
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4 | The rules adopted by the State Board shall
include a | ||||||
5 | procedure by which a person who believes a violation of
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6 | Section 10-20.33 or 34-18.20 has occurred may file a | ||||||
7 | complaint.
The rules adopted by the State Board shall include | ||||||
8 | training requirements that must be included in training | ||||||
9 | programs used to train and certify school personnel. | ||||||
10 | The State Board shall establish procedures for progressive | ||||||
11 | enforcement
actions to ensure that schools fully comply with | ||||||
12 | the
documentation and reporting requirements for isolated time | ||||||
13 | out, time out, and physical
restraint established by rule, | ||||||
14 | which shall include meaningful and
appropriate sanctions for | ||||||
15 | the failure to comply, including the failure to
report to the | ||||||
16 | parent or guardian and to the State Board, the failure
to | ||||||
17 | timely report, and the failure to provide detailed | ||||||
18 | documentation. | ||||||
19 | (c) Subject to appropriation, the State Board must create | ||||||
20 | a
grant program for school districts and special education
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21 | cooperatives
and charter schools approved by the State Board | ||||||
22 | to implement school-wide,
culturally sensitive, and | ||||||
23 | trauma-informed practices, positive
behavioral interventions | ||||||
24 | and supports, and restorative practices
within a multi-tiered | ||||||
25 | system of support aimed at reducing the
need for | ||||||
26 | interventions, such as isolated time out, time out, and |
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1 | physical restraint. | ||||||
2 | (d) Subject to the Illinois Procurement Code, the Illinois | ||||||
3 | School Student Records Act, the Mental Health and | ||||||
4 | Developmental Disabilities Confidentiality Act, and the | ||||||
5 | federal Family Educational Rights and Privacy Act of 1974, the | ||||||
6 | State Board may contract with a third party to provide
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7 | assistance with the oversight and monitoring of the use of | ||||||
8 | isolated time
out, time out, and physical restraint by school | ||||||
9 | districts. | ||||||
10 | (e) The State Board shall establish goals within 90 days | ||||||
11 | after the effective date of this amendatory Act of the 102nd | ||||||
12 | General Assembly, with
specific benchmarks, for schools to | ||||||
13 | accomplish the systemic reduction
of isolated time out, time | ||||||
14 | out, and physical restraint within 3 years after the effective | ||||||
15 | date of this amendatory Act of the 102nd General Assembly.
The | ||||||
16 | State Board shall engage in meaningful consultation with | ||||||
17 | stakeholders to establish the goals, including in the review | ||||||
18 | and evaluation of the data submitted. Each school board shall | ||||||
19 | create a time out and physical restraint oversight team that | ||||||
20 | includes, but is not limited to, teachers, paraprofessionals, | ||||||
21 | school service personnel, and administrators to develop (i) a | ||||||
22 | school-specific plan for reducing and eventually eliminating | ||||||
23 | the use
of isolated time out, time out, and physical restraint | ||||||
24 | in accordance with the goals and benchmarks established by the | ||||||
25 | State Board and (ii) procedures to implement the plan | ||||||
26 | developed by the team. |
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1 | The progress toward the reduction and eventual elimination | ||||||
2 | of the use of isolated time out and physical restraint shall be | ||||||
3 | measured by the reduction in the overall number of incidents | ||||||
4 | of those interventions and the total number of students | ||||||
5 | subjected to those interventions. In limited cases, upon | ||||||
6 | written application made by a school district and approved by | ||||||
7 | the State Board based on criteria developed by the State Board | ||||||
8 | to show good cause, the reduction in the use of those | ||||||
9 | interventions may be measured by the frequency of the use of | ||||||
10 | those interventions on individual students and the student | ||||||
11 | population as a whole. The State Board shall specify a date for | ||||||
12 | submission of the plans. School districts shall submit a | ||||||
13 | report once each year for 3 years after the effective date of | ||||||
14 | this amendatory Act of the 102nd General Assembly to the State | ||||||
15 | Board on the progress made toward achieving the goals and | ||||||
16 | benchmarks established by the State Board and modify their | ||||||
17 | plans as necessary to satisfy those goals and benchmarks. | ||||||
18 | School districts shall notify parents and guardians that the | ||||||
19 | plans and reports are available for review. On or before June | ||||||
20 | 30, 2023, the State Board shall issue a report to the General | ||||||
21 | Assembly on the progress made by schools to achieve those | ||||||
22 | goals and benchmarks. The required plans shall include, but | ||||||
23 | not be limited to, the specific actions that are to be taken
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24 | to: | ||||||
25 | (1) reduce and eventually eliminate a reliance on | ||||||
26 | isolated time out, time out, and physical restraint for |
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1 | behavioral interventions and develop noncoercive | ||||||
2 | environments; | ||||||
3 | (2) develop individualized student plans that are | ||||||
4 | oriented toward prevention of the use of isolated time | ||||||
5 | out, time out, and physical restraint with the intent that | ||||||
6 | a plan be separate and apart from a student's | ||||||
7 | individualized education program or a student's
plan
for | ||||||
8 | services under Section 504 of the federal Rehabilitation | ||||||
9 | Act of 1973; | ||||||
10 | (3) ensure that appropriate school personnel are fully | ||||||
11 | informed of the student's history, including any history | ||||||
12 | of physical or sexual abuse, and other relevant medical | ||||||
13 | and mental health information, except that any disclosure | ||||||
14 | of student information must be consistent with federal and | ||||||
15 | State laws and rules governing student confidentiality and | ||||||
16 | privacy rights; and | ||||||
17 | (4) support a vision for cultural change that | ||||||
18 | reinforces the following: | ||||||
19 | (A) positive behavioral interventions and support | ||||||
20 | rather than isolated time out, time out, and physical | ||||||
21 | restraint; | ||||||
22 | (B) effective ways to de-escalate situations to | ||||||
23 | avoid isolated time out, time out, and physical | ||||||
24 | restraint; | ||||||
25 | (C) crisis intervention techniques that use | ||||||
26 | alternatives to isolated time out, time out, and |
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1 | physical restraint; and | ||||||
2 | (D) use of debriefing meetings to reassess what | ||||||
3 | occurred and why it occurred and to think through ways | ||||||
4 | to prevent use of the intervention the next time. | ||||||
5 | (f) A school is exempt from the requirement to submit a | ||||||
6 | plan and the annual reports under subsection (e) if the school | ||||||
7 | is able to demonstrate to the satisfaction of the State Board | ||||||
8 | that (i) within the previous 3 years, the school district has | ||||||
9 | never engaged in the use of isolated time out, time out, or | ||||||
10 | physical restraint and (ii) the school has adopted a written | ||||||
11 | policy that prohibits the use isolated time out, time out, and | ||||||
12 | physical restraint on a student and is able to demonstrate the | ||||||
13 | enforcement of that policy. | ||||||
14 | (g) The State Board shall establish a system of ongoing | ||||||
15 | review,
auditing, and monitoring to ensure that schools comply | ||||||
16 | with the
documentation and reporting requirements and meet the | ||||||
17 | State Board's established goals
and benchmarks for reducing | ||||||
18 | and eventually eliminating the use of isolated time out, time | ||||||
19 | out, and
physical restraint. | ||||||
20 | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
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21 | (105 ILCS 5/10-20.33)
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22 | Sec. 10-20.33. Time out , isolated time out, and physical | ||||||
23 | restraint , and necessities; limitations and prohibitions . | ||||||
24 | (a) The General Assembly finds and declares that the use | ||||||
25 | of isolated time
out, time out, and physical restraint on |
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1 | children and youth carries risks to the health and safety of | ||||||
2 | students and staff; therefore, the ultimate
goal is to reduce | ||||||
3 | and eventually eliminate the use of those interventions. The | ||||||
4 | General Assembly also finds and declares that the State Board | ||||||
5 | of Education
must take affirmative action to lead and support | ||||||
6 | schools in
transforming the school culture to reduce and | ||||||
7 | eliminate the use of all
such interventions over time. | ||||||
8 | (b) In this Section: | ||||||
9 | "Chemical restraint" means the use of medication to | ||||||
10 | control a student's behavior or to restrict a student's | ||||||
11 | freedom of movement. "Chemical restraint" does not include | ||||||
12 | medication that is legally prescribed and administered as part | ||||||
13 | of a student's regular medical regimen to manage behavioral | ||||||
14 | symptoms and treat medical symptoms. | ||||||
15 | "Isolated time out" means the involuntary confinement of a | ||||||
16 | student alone in a time out room or other enclosure outside of | ||||||
17 | the classroom without a supervising adult in the time out room | ||||||
18 | or enclosure. | ||||||
19 | "Isolated time out" or "time out" does not include a | ||||||
20 | student-initiated or student-requested break, a | ||||||
21 | student-initiated sensory break or a teacher-initiated sensory | ||||||
22 | break that may include a sensory room containing sensory tools | ||||||
23 | to assist a student to calm and de-escalate, an in-school | ||||||
24 | suspension or detention, or any other appropriate disciplinary | ||||||
25 | measure, including the student's brief removal to the hallway | ||||||
26 | or similar environment. |
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1 | "Mechanical restraint" means the use of any device or | ||||||
2 | equipment to limit a student's movement or to hold a student | ||||||
3 | immobile. "Mechanical restraint" does not include any | ||||||
4 | restraint used to (i) treat a student's medical needs; (ii) | ||||||
5 | protect a student who is known to be at risk of injury | ||||||
6 | resulting from a lack of coordination or frequent loss of | ||||||
7 | consciousness; (iii) position a student with physical | ||||||
8 | disabilities in a manner specified in the student's | ||||||
9 | individualized education program, federal Section 504 plan, or | ||||||
10 | other plan of care; (iv) provide a supplementary aid, service, | ||||||
11 | or accommodation, including, but not limited to, assistive | ||||||
12 | technology that provides proprioceptive input or aids in | ||||||
13 | self-regulation; or (v) promote student safety in vehicles | ||||||
14 | used to transport students. | ||||||
15 | "Physical restraint" or "restraint" means holding a | ||||||
16 | student or otherwise restricting a student's movements. | ||||||
17 | "Physical restraint" or "restraint" does not include momentary | ||||||
18 | periods of physical restriction by direct person to person | ||||||
19 | contact, without the aid of material or mechanical devices, | ||||||
20 | that are accomplished with limited force and that are designed | ||||||
21 | to prevent a student from completing an act that would result | ||||||
22 | in potential physical harm to himself, herself, or another or | ||||||
23 | damage to property. | ||||||
24 | "Prone physical restraint" means a physical restraint in | ||||||
25 | which a student is held face down on the floor or other surface | ||||||
26 | and physical pressure is applied to the student's body to keep |
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1 | the student in the prone position. | ||||||
2 | "Time out" means a behavior management technique for the | ||||||
3 | purpose of calming or de-escalation that involves the | ||||||
4 | involuntary monitored separation of a student from classmates | ||||||
5 | with a trained adult for part of the school day, only for a | ||||||
6 | brief time, in a nonlocked setting. | ||||||
7 | (c) Isolated time out, time out, and physical restraint, | ||||||
8 | other than prone physical restraint, may be used only if (i) | ||||||
9 | the student's behavior presents an imminent danger of serious | ||||||
10 | physical harm to the student or to others; (ii) other less | ||||||
11 | restrictive and intrusive measures have been tried and have | ||||||
12 | proven to be ineffective in stopping the imminent danger of | ||||||
13 | serious physical harm; (iii) there is no known medical | ||||||
14 | contraindication to its use on the student; and (iv) the | ||||||
15 | school staff member or members applying the use of time out, | ||||||
16 | isolated time out, or physical restraint on a student have | ||||||
17 | been trained in its safe application, as established by rule | ||||||
18 | by the State Board of Education. Isolated time out is allowed | ||||||
19 | only under limited circumstances as set forth in this Section. | ||||||
20 | If all other requirements under this Section are met, isolated | ||||||
21 | time out may be used only if the adult in the time out room or | ||||||
22 | enclosure is in imminent danger of serious physical harm | ||||||
23 | because the student is unable to cease actively engaging in | ||||||
24 | extreme physical aggression. | ||||||
25 | Mechanical restraint and chemical restraint are | ||||||
26 | prohibited. Prone restraint is prohibited except in special |
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1 | education nonpublic facilities if all of the following | ||||||
2 | conditions are satisfied: | ||||||
3 | (1) The student's Behavior Intervention Plan | ||||||
4 | specifically allows for prone restraint of the student. | ||||||
5 | (2) The Behavior Intervention Plan was put into place | ||||||
6 | before January 1, 2021. | ||||||
7 | (3) The student's Behavior Intervention Plan has been | ||||||
8 | approved by the IEP team. | ||||||
9 | (4) The school staff member or staff members applying | ||||||
10 | the use of prone restraint on a student have been trained | ||||||
11 | in its safe application as established by rule by the | ||||||
12 | State Board of Education. | ||||||
13 | (5) The special education nonpublic facility must be | ||||||
14 | able to document and demonstrate to the IEP team that the | ||||||
15 | use of other de-escalation techniques provided for in the | ||||||
16 | student's Behavior Intervention Plan were ineffective. | ||||||
17 | (6) The use of prone restraint occurs within the | ||||||
18 | calendar years of 2021 and 2022. | ||||||
19 | All instances of the utilization of prone restraint | ||||||
20 | must be reported in accordance with the provisions of this | ||||||
21 | Amendatory Act of the 102nd General Assembly. Nothing in | ||||||
22 | this Section shall prohibit the State Board of Education | ||||||
23 | from adopting administrative rules that further restrict | ||||||
24 | or disqualify the use of prone restraint. | ||||||
25 | (d) The Until
rules are adopted under Section 2-3.130 of | ||||||
26 | this Code, the use
of any of the following rooms or enclosures |
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1 | for an isolated time out or time out purposes is
prohibited:
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2 | (1) a locked room or a room in which the door is | ||||||
3 | obstructed, prohibiting it from opening other than one | ||||||
4 | with a locking mechanism that engages
only when a key or | ||||||
5 | handle is being held by a person ;
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6 | (2) a confining space such as a closet or box;
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7 | (3) a room where the student cannot be continually | ||||||
8 | observed; or
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9 | (4) any other room or enclosure or time out procedure | ||||||
10 | that is contrary to
current rules adopted by guidelines of | ||||||
11 | the State Board of Education.
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12 | (e) The deprivation of necessities needed to sustain the | ||||||
13 | health of a person, including, without limitation, the denial | ||||||
14 | or unreasonable delay in the provision of the following, is | ||||||
15 | prohibited: | ||||||
16 | (1) food or liquid at a time when it is customarily | ||||||
17 | served; | ||||||
18 | (2) medication; or | ||||||
19 | (3) the use of a restroom. | ||||||
20 | (f) (Blank). The use of physical restraints is prohibited | ||||||
21 | except when (i) the student
poses a physical risk to himself, | ||||||
22 | herself, or others, (ii) there is no medical
contraindication | ||||||
23 | to its use, and (iii) the staff applying the restraint have
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24 | been trained in its safe application. For the purposes of this | ||||||
25 | Section,
"restraint" does not include momentary periods of | ||||||
26 | physical restriction by
direct person-to-person contact, |
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1 | without the aid of material or mechanical
devices, | ||||||
2 | accomplished with limited force and that are designed (i) to | ||||||
3 | prevent a
student from completing an act that would result in | ||||||
4 | potential physical harm to
himself, herself, or another or | ||||||
5 | damage to property or (ii) to remove a
disruptive student who | ||||||
6 | is unwilling to voluntarily leave the area. The use of
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7 | physical restraints that meet the requirements of this Section | ||||||
8 | may be included
in a student's individualized education plan | ||||||
9 | where deemed appropriate by the
student's individualized | ||||||
10 | education plan team. | ||||||
11 | (g) Following each incident of isolated time out, time | ||||||
12 | out, or physical restraint, but no later than 2 school days | ||||||
13 | after the incident, the principal or another designated | ||||||
14 | administrator shall notify the student's parent or guardian | ||||||
15 | that he or she may request a meeting with appropriate school | ||||||
16 | personnel to discuss the incident. This meeting shall be held | ||||||
17 | separate and apart from meetings held in accordance with the | ||||||
18 | student's individualized education program or from meetings | ||||||
19 | held in accordance with the student's plan for services under | ||||||
20 | Section 504 of the federal Rehabilitation Act of 1973. If a | ||||||
21 | parent or guardian requests a meeting, the meeting shall be | ||||||
22 | convened within 2 school days after the request, provided that | ||||||
23 | the 2-school day limitation shall be extended if requested by | ||||||
24 | the parent or guardian. The parent or guardian may also | ||||||
25 | request that the meeting be convened via telephone or video | ||||||
26 | conference. |
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1 | The meeting shall include the student, if appropriate, at | ||||||
2 | least one school staff member involved in the incident of | ||||||
3 | isolated time out, time out, or physical restraint, the | ||||||
4 | student's parent or guardian, and at least one appropriate | ||||||
5 | school staff member not involved in the incident of isolated | ||||||
6 | time out, time out, or physical restraint, such as a social | ||||||
7 | worker, psychologist, nurse, or behavioral specialist. During | ||||||
8 | the meeting, the school staff member or members involved in | ||||||
9 | the incident of isolated time out, time out, or physical | ||||||
10 | restraint, the student, and the student's parent or guardian, | ||||||
11 | if applicable, shall be provided an opportunity to describe | ||||||
12 | (i) the events that occurred prior to the incident of isolated | ||||||
13 | time out, time out, or physical restraint and any actions that | ||||||
14 | were taken by school personnel or the student leading up to the | ||||||
15 | incident; (ii) the incident of isolated time out, time out, or | ||||||
16 | physical restraint; and (iii) the events that occurred or the | ||||||
17 | actions that were taken following the incident of isolated | ||||||
18 | time out, time out, or physical restraint and whether the | ||||||
19 | student returned to regular school activities and, if not, how | ||||||
20 | the student spent the remainder of the school day. All parties | ||||||
21 | present at the meeting shall have the opportunity to discuss | ||||||
22 | what school personnel could have done differently to avoid the | ||||||
23 | incident of isolated time out, time out, or physical restraint | ||||||
24 | and what alternative courses of action, if any, the school can | ||||||
25 | take to support the student and to avoid the future use of | ||||||
26 | isolated time out, time out, or physical restraint. At no |
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1 | point may a student be excluded from school solely because a | ||||||
2 | meeting has not occurred. | ||||||
3 | A summary of the meeting and any agreements or conclusions | ||||||
4 | reached during the meeting shall be documented in writing and | ||||||
5 | shall become part of the student's school record. A copy of the | ||||||
6 | documents shall be provided to the student's parent or | ||||||
7 | guardian. If a parent or guardian does not request a meeting | ||||||
8 | within 10 school days after the school has provided the | ||||||
9 | documents to the parent or guardian or if a parent or guardian | ||||||
10 | fails to attend a requested meeting, that fact shall be | ||||||
11 | documented as part of the student's school record. | ||||||
12 | (h) Whenever isolated time out, time out, or physical | ||||||
13 | restraint is used physical restraints are
used , school | ||||||
14 | personnel shall fully document and report to the State Board
| ||||||
15 | of Education the incident, including the events
leading up to | ||||||
16 | the incident, what alternative measures that are less
| ||||||
17 | restrictive and intrusive were used prior to the use of | ||||||
18 | isolated time out, time out, or
physical restraint, why those | ||||||
19 | measures were ineffective or deemed inappropriate, the type of | ||||||
20 | restraint , isolated time out, or time out that was used, the | ||||||
21 | length of time the
student was in isolated time out or time out | ||||||
22 | or was is restrained, and the staff involved. The parents or | ||||||
23 | guardian of
a student and the State Superintendent of | ||||||
24 | Education shall be informed whenever isolated time out, time | ||||||
25 | out, or physical restraint is restraints are used.
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26 | Schools shall provide parents and guardians with the |
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| |||||||
1 | following
information, to be developed by the State Board and | ||||||
2 | which may be incorporated into the State Board's prescribed | ||||||
3 | physical restraint and time out form at the discretion of the | ||||||
4 | State Board, after each
incident in which isolated time out, | ||||||
5 | time out, or physical restraint is used during
the school | ||||||
6 | year, in printed form or, upon the written request of
the | ||||||
7 | parent or guardian, by email: | ||||||
8 | (1) a copy of the standards for when isolated time | ||||||
9 | out, time out, and physical restraint can be used; | ||||||
10 | (2) information about the rights of parents, | ||||||
11 | guardians, and students; and | ||||||
12 | (3) information about the parent's or guardian's right | ||||||
13 | to file a complaint with the State Superintendent of | ||||||
14 | Education, the complaint process, and other information to | ||||||
15 | assist the parent or guardian in navigating the complaint | ||||||
16 | process. | ||||||
17 | (i) Any use of isolated time out, time out, or physical | ||||||
18 | restraint that is permitted by a school board's policy shall | ||||||
19 | be implemented in accordance with written procedures. | ||||||
20 | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
| ||||||
21 | (105 ILCS 5/34-18.20)
| ||||||
22 | Sec. 34-18.20. Time out , isolated time out, and physical | ||||||
23 | restraint , and necessities; limitations and prohibitions . | ||||||
24 | (a) The General Assembly finds and declares that the use | ||||||
25 | of isolated time
out, time out, and physical restraint on |
| |||||||
| |||||||
1 | children and youth carries risks to the health and safety of | ||||||
2 | students and staff; therefore, the ultimate
goal is to reduce | ||||||
3 | and eventually eliminate the use of those interventions. The | ||||||
4 | General Assembly also finds and declares that the State Board | ||||||
5 | of Education
must take affirmative action to lead and support | ||||||
6 | schools in
transforming the school culture to reduce and | ||||||
7 | eliminate the use of all
such interventions over time. | ||||||
8 | (b) In this Section: | ||||||
9 | "Chemical restraint" means the use of medication to | ||||||
10 | control a student's behavior or to restrict a student's | ||||||
11 | freedom of movement. "Chemical restraint" does not include | ||||||
12 | medication that is legally prescribed and administered as part | ||||||
13 | of a student's regular medical regimen to manage behavioral | ||||||
14 | symptoms and treat medical symptoms. | ||||||
15 | "Isolated time out" means the involuntary confinement of a | ||||||
16 | student alone in a time out room or other enclosure outside of | ||||||
17 | the classroom without a supervising adult in the time out room | ||||||
18 | or enclosure. | ||||||
19 | "Isolated time out" or "time out" does not include a | ||||||
20 | student-initiated or student-requested break, a | ||||||
21 | student-initiated sensory break or a teacher-initiated sensory | ||||||
22 | break that may include a sensory room containing sensory tools | ||||||
23 | to assist a student to calm and de-escalate, an in-school | ||||||
24 | suspension or detention, or any other appropriate disciplinary | ||||||
25 | measure, including the student's brief removal to the hallway | ||||||
26 | or similar environment. |
| |||||||
| |||||||
1 | "Mechanical restraint" means the use of any device or | ||||||
2 | equipment to limit a student's movement or to hold a student | ||||||
3 | immobile. "Mechanical restraint" does not include any | ||||||
4 | restraint used to (i) treat a student's medical needs; (ii) | ||||||
5 | protect a student who is known to be at risk of injury | ||||||
6 | resulting from a lack of coordination or frequent loss of | ||||||
7 | consciousness; (iii) position a student with physical | ||||||
8 | disabilities in a manner specified in the student's | ||||||
9 | individualized education program, federal Section 504 plan, or | ||||||
10 | other plan of care; (iv) provide a supplementary aid, service, | ||||||
11 | or accommodation, including, but not limited to, assistive | ||||||
12 | technology that provides proprioceptive input or aids in | ||||||
13 | self-regulation; or (v) promote student safety in vehicles | ||||||
14 | used to transport students. | ||||||
15 | "Physical restraint" or "restraint" means holding a | ||||||
16 | student or otherwise restricting a student's movements. | ||||||
17 | "Physical restraint" or "restraint" does not include momentary | ||||||
18 | periods of physical restriction by direct person to person | ||||||
19 | contact, without the aid of material or mechanical devices, | ||||||
20 | that are accomplished with limited force and that are designed | ||||||
21 | to prevent a student from completing an act that would result | ||||||
22 | in potential physical harm to himself, herself, or another or | ||||||
23 | damage to property. | ||||||
24 | "Prone physical restraint" means a physical restraint in | ||||||
25 | which a student is held face down on the floor or other surface | ||||||
26 | and physical pressure is applied to the student's body to keep |
| |||||||
| |||||||
1 | the student in the prone position. | ||||||
2 | "Time out" means a behavior management technique for the | ||||||
3 | purpose of calming or de-escalation that involves the | ||||||
4 | involuntary monitored separation of a student from classmates | ||||||
5 | with a trained adult for part of the school day, only for a | ||||||
6 | brief time, in a nonlocked setting. | ||||||
7 | (c) Isolated time out, time out, and physical restraint, | ||||||
8 | other than prone physical restraint, may be used only if (i) | ||||||
9 | the student's behavior presents an imminent danger of serious | ||||||
10 | physical harm to the student or to others; (ii) other less | ||||||
11 | restrictive and intrusive measures have been tried and have | ||||||
12 | proven to be ineffective in stopping the imminent danger of | ||||||
13 | serious physical harm; (iii) there is no known medical | ||||||
14 | contraindication to its use on the student; and (iv) the | ||||||
15 | school staff member or members applying the use of time out, | ||||||
16 | isolated time out, or physical restraint on a student have | ||||||
17 | been trained in its safe application, as established by rule | ||||||
18 | by the State Board of Education. Isolated time out is allowed | ||||||
19 | only under limited circumstances as set forth in this Section. | ||||||
20 | If all other requirements under this Section are met, isolated | ||||||
21 | time out may be used only if the adult in the time out room or | ||||||
22 | enclosure is in imminent danger of serious physical harm | ||||||
23 | because the student is unable to cease actively engaging in | ||||||
24 | extreme physical aggression. | ||||||
25 | Mechanical restraint and chemical restraint are | ||||||
26 | prohibited. Prone restraint is prohibited except in special |
| |||||||
| |||||||
1 | education nonpublic facilities if all of the following | ||||||
2 | conditions are satisfied: | ||||||
3 | (1) The student's Behavior Intervention Plan | ||||||
4 | specifically allows for prone restraint of the student. | ||||||
5 | (2) The Behavior Intervention Plan was put into place | ||||||
6 | before January 1, 2021. | ||||||
7 | (3) The student's Behavior Intervention Plan has been | ||||||
8 | approved by the IEP team. | ||||||
9 | (4) The school staff member or staff members applying | ||||||
10 | the use of prone restraint on a student have been trained | ||||||
11 | in its safe application as established by rule by the | ||||||
12 | State Board of Education. | ||||||
13 | (5) The special education nonpublic facility must be | ||||||
14 | able to document and demonstrate to the IEP team that the | ||||||
15 | use of other de-escalation techniques provided for in the | ||||||
16 | student's Behavior Intervention Plan were ineffective. | ||||||
17 | (6) The use of prone restraint occurs within the | ||||||
18 | calendar years of 2021 and 2022. | ||||||
19 | All instances of the utilization of prone restraint | ||||||
20 | must be reported in accordance with the provisions of this | ||||||
21 | Amendatory Act of the 102nd General Assembly. Nothing in | ||||||
22 | this Section shall prohibit the State Board of Education | ||||||
23 | from adopting administrative rules that further restrict | ||||||
24 | or disqualify the use of prone restraint. | ||||||
25 | (d) The Until
rules are adopted under Section 2-3.130 of | ||||||
26 | this Code, the use
of any of the following rooms or enclosures |
| |||||||
| |||||||
1 | for an isolated time out or time out purposes is
prohibited:
| ||||||
2 | (1) a locked room or a room in which the door is | ||||||
3 | obstructed, prohibiting it from opening other than one | ||||||
4 | with a locking mechanism that engages
only when a key or | ||||||
5 | handle is being held by a person ;
| ||||||
6 | (2) a confining space such as a closet or box;
| ||||||
7 | (3) a room where the student cannot be continually | ||||||
8 | observed; or
| ||||||
9 | (4) any other room or enclosure or time out procedure | ||||||
10 | that is contrary to
current rules adopted by guidelines of | ||||||
11 | the State Board of Education.
| ||||||
12 | (e) The deprivation of necessities needed to sustain the | ||||||
13 | health of a person, including, without limitation, the denial | ||||||
14 | or unreasonable delay in the provision of the following, is | ||||||
15 | prohibited: | ||||||
16 | (1) food or liquid at a time when it is customarily | ||||||
17 | served; | ||||||
18 | (2) medication; or | ||||||
19 | (3) the use of a restroom. | ||||||
20 | (f) (Blank). The use of physical restraints is prohibited | ||||||
21 | except when (i) the student
poses a physical risk to himself, | ||||||
22 | herself, or others, (ii) there is no medical
contraindication | ||||||
23 | to its use, and (iii) the staff applying the restraint have
| ||||||
24 | been trained in its safe application. For the purposes of this | ||||||
25 | Section,
"restraint" does not include momentary periods of | ||||||
26 | physical restriction by
direct person-to-person contact, |
| |||||||
| |||||||
1 | without the aid of material or mechanical
devices, | ||||||
2 | accomplished with limited force and that are designed (i) to | ||||||
3 | prevent a
student from completing an act that would result in | ||||||
4 | potential physical harm to
himself, herself, or another or | ||||||
5 | damage to property or (ii) to remove a
disruptive student who | ||||||
6 | is unwilling to voluntarily leave the area. The use of
| ||||||
7 | physical restraints that meet the requirements of this Section | ||||||
8 | may be included
in a student's individualized education plan | ||||||
9 | where deemed appropriate by the
student's individualized | ||||||
10 | education plan team. | ||||||
11 | (g) Following each incident of isolated time out, time | ||||||
12 | out, or physical restraint, but no later than 2 school days | ||||||
13 | after the incident, the principal or another designated | ||||||
14 | administrator shall notify the student's parent or guardian | ||||||
15 | that he or she may request a meeting with appropriate school | ||||||
16 | personnel to discuss the incident. This meeting shall be held | ||||||
17 | separate and apart from meetings held in accordance with the | ||||||
18 | student's individualized education program or from meetings | ||||||
19 | held in accordance with the student's plan for services under | ||||||
20 | Section 504 of the federal Rehabilitation Act of 1973. If a | ||||||
21 | parent or guardian requests a meeting, the meeting shall be | ||||||
22 | convened within 2 school days after the request, provided that | ||||||
23 | the 2-school day limitation shall be extended if requested by | ||||||
24 | the parent or guardian. The parent or guardian may also | ||||||
25 | request that the meeting be convened via telephone or video | ||||||
26 | conference. |
| |||||||
| |||||||
1 | The meeting shall include the student, if appropriate, at | ||||||
2 | least one school staff member involved in the incident of | ||||||
3 | isolated time out, time out, or physical restraint, the | ||||||
4 | student's parent or guardian, and at least one appropriate | ||||||
5 | school staff member not involved in the incident of isolated | ||||||
6 | time out, time out, or physical restraint, such as a social | ||||||
7 | worker, psychologist, nurse, or behavioral specialist. During | ||||||
8 | the meeting, the school staff member or members involved in | ||||||
9 | the incident of isolated time out, time out, or physical | ||||||
10 | restraint, the student, and the student's parent or guardian, | ||||||
11 | if applicable, shall be provided an opportunity to describe | ||||||
12 | (i) the events that occurred prior to the incident of isolated | ||||||
13 | time out, time out, or physical restraint and any actions that | ||||||
14 | were taken by school personnel or the student leading up to the | ||||||
15 | incident; (ii) the incident of isolated time out, time out, or | ||||||
16 | physical restraint; and (iii) the events that occurred or the | ||||||
17 | actions that were taken following the incident of isolated | ||||||
18 | time out, time out, or physical restraint and whether the | ||||||
19 | student returned to regular school activities and, if not, how | ||||||
20 | the student spent the remainder of the school day. All parties | ||||||
21 | present at the meeting shall have the opportunity to discuss | ||||||
22 | what school personnel could have done differently to avoid the | ||||||
23 | incident of isolated time out, time out, or physical restraint | ||||||
24 | and what alternative courses of action, if any, the school can | ||||||
25 | take to support the student and to avoid the future use of | ||||||
26 | isolated time out, time out, or physical restraint. At no |
| |||||||
| |||||||
1 | point may a student be excluded from school solely because a | ||||||
2 | meeting has not occurred. | ||||||
3 | A summary of the meeting and any agreements or conclusions | ||||||
4 | reached during the meeting shall be documented in writing and | ||||||
5 | shall become part of the student's school record. A copy of the | ||||||
6 | documents shall be provided to the student's parent or | ||||||
7 | guardian. If a parent or guardian does not request a meeting | ||||||
8 | within 10 school days after the school has provided the | ||||||
9 | documents to the parent or guardian or if a parent or guardian | ||||||
10 | fails to attend a requested meeting, that fact shall be | ||||||
11 | documented as part of the student's school record. | ||||||
12 | (h) Whenever isolated time out, time out, or physical | ||||||
13 | restraint is used physical restraints are
used , school | ||||||
14 | personnel shall fully document and report to the State Board
| ||||||
15 | of Education the incident, including the events
leading up to | ||||||
16 | the incident, what alternative measures that are less
| ||||||
17 | restrictive and intrusive were used prior to the use of | ||||||
18 | isolated time out, time out, or
physical restraint, why those | ||||||
19 | measures were ineffective or deemed inappropriate, the type of | ||||||
20 | restraint , isolated time out, or time out that was used, the | ||||||
21 | length of time the
student was in isolated time out or time out | ||||||
22 | or was is restrained, and the staff involved. The parents or
| ||||||
23 | guardian of a student and the State Superintendent of | ||||||
24 | Education shall be informed whenever isolated time out, time | ||||||
25 | out, or physical restraint is restraints are used.
| ||||||
26 | Schools shall provide parents and guardians with the |
| |||||||
| |||||||
1 | following
information, to be developed by the State Board and | ||||||
2 | which may be incorporated into the State Board's prescribed | ||||||
3 | physical restraint and time out form at the discretion of the | ||||||
4 | State Board, after each
incident in which isolated time out, | ||||||
5 | time out, or physical restraint is used during
the school | ||||||
6 | year, in printed form or, upon the written request of
the | ||||||
7 | parent or guardian, by email: | ||||||
8 | (1) a copy of the standards for when isolated time | ||||||
9 | out, time out, and physical restraint can be used; | ||||||
10 | (2) information about the rights of parents, | ||||||
11 | guardians, and students; and | ||||||
12 | (3) information about the parent's or guardian's right | ||||||
13 | to file a complaint with the State Superintendent of | ||||||
14 | Education, the complaint process, and other information to | ||||||
15 | assist the parent or guardian in navigating the complaint | ||||||
16 | process. | ||||||
17 | (i) Any use of isolated time out, time out, or physical | ||||||
18 | restraint that is permitted by the board's policy shall be | ||||||
19 | implemented in accordance with written procedures. | ||||||
20 | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
| ||||||
21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.".
|