Sen. Ann Gillespie

Filed: 3/26/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 458

2    AMENDMENT NO. ______. Amend Senate Bill 458 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 2-3.130, 10-20.33, and 34-18.20 as follows:
 
6    (105 ILCS 5/2-3.130)
7    Sec. 2-3.130. Isolated time out, time out, and physical
8restraint rules; grant program; third-party assistance; goals
9and plans.
10    (a) For purposes of this Section: , "isolated
11    "Entity" means a school district, including its schools, a
12special education nonpublic school approved under Section
1314-7.02 of this Code and located in this State, or a special
14education cooperative, to the extent the cooperative operates
15separate schools or programs within schools.
16    "Isolated time out", "physical restraint", and "time out"

 

 

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1have the meanings given to those terms under Section 10-20.33.
2    (b) The State Board of Education shall promulgate rules
3governing the use of isolated time out, time out, and physical
4restraint in entities, which special education nonpublic
5facilities and the public schools. The rules shall include
6provisions governing the documentation and reporting that is
7required each time these interventions are used.
8    The rules adopted by the State Board shall include a
9procedure by which a person who believes a violation of
10Section 10-20.33 or 34-18.20 has occurred may file a
11complaint. The complaint shall be investigated by the State
12Board within 7 days after the receipt of the complaint, except
13that a complaint regarding the use of isolated time out, time
14out, or physical restraint that indicates that a student's
15life or safety is in imminent danger shall be investigated
16within 24 hours after receipt of the complaint. The State
17Board employee investigating the complaint must conduct an
18on-site inspection and, at the close of the inspection, must
19conduct a brief, informal exit conference with the entity to
20alert the entity's administration of any suspected serious
21deficiency that poses a direct threat to the health, safety,
22or welfare of a student to enable an immediate correction for
23the alleviation or elimination of the threat. The information
24and findings discussed in the exit conference shall become a
25part of the investigative record but may not in any way
26constitute an official or final notice of violation. All

 

 

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1complaints shall be classified as an invalid report, a valid
2report, or an undetermined report. Within 30 days after any
3State Board employee enters an entity to begin an on-site
4inspection, the State Board must prepare a written report that
5includes the basis for the outcome classification, a
6determination of whether any rule or provision of this Code
7has been or is being violated and, if appropriate, a
8corrective action plan.
9    The rules adopted by the State Board shall include
10training requirements that must be included in training
11programs used to train and certify entity school personnel.
12All entity personnel whose jobs involve regular interaction
13with students, not just those involved in incidents of
14isolated time out, time out, or physical restraint, shall be
15required to undergo annual training on de-escalation
16techniques and trauma-informed practices.
17    The State Board shall establish procedures for progressive
18enforcement actions to ensure that entities schools fully
19comply with the documentation and reporting requirements for
20isolated time out, time out, and physical restraint
21established by rule, which shall include meaningful and
22appropriate sanctions for the failure to comply, including the
23failure to report to the parent or guardian and to the State
24Board, the failure to timely report, and the failure to
25provide detailed documentation.
26    (c) Subject to appropriation, the State Board shall, by

 

 

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1adoption of emergency rules under subsection (rr) of Section
25-45 of the Illinois Administrative Procedure Act if it so
3chooses, create a grant program for entities school districts,
4special education nonpublic facilities approved under Section
514-7.02 of this Code, and special education cooperatives to
6implement entity-wide school-wide, culturally sensitive, and
7trauma-informed practices, positive behavioral interventions
8and supports, and restorative practices within a multi-tiered
9system of support aimed at reducing the need for
10interventions, such as isolated time out, time out, and
11physical restraint. The State Board shall give priority in
12grant funding to those entities school districts, special
13education nonpublic facilities approved under Section 14-7.02
14of this Code, and special education cooperatives that submit a
15plan to achieve a significant reduction or elimination in the
16use of isolated time out, time out, and physical restraint in
17less than 7 3 years.
18    (d) Subject to the Illinois Procurement Code, the Illinois
19School Student Records Act, the Mental Health and
20Developmental Disabilities Confidentiality Act, and the
21federal Family Educational Rights and Privacy Act of 1974, the
22State Board may contract with a third party to provide
23assistance with the oversight and monitoring of the use of
24isolated time out, time out, and physical restraint by
25entities school districts.
26    (e) For the purpose of this subsection and subsection (f),

 

 

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1"entity" means a school district, a special education
2nonpublic school approved under Section 14-7.02 of this Code
3and located in this State, or a special education cooperative
4to the extent the cooperative operates separate schools or
5programs within schools.
6    To The State Board shall establish goals within 90 days
7after the effective date of this amendatory Act of the 102nd
8General Assembly, with specific benchmarks, for entities to
9accomplish the systemic reduction of isolated time out, time
10out, and physical restraint, entities shall reduce by 10% the
11number of incidents of those interventions and the total
12number of students subjected to those interventions for each
13of the next 7 years, beginning with the 2024-2025 school year
14within 3 years after the effective date of this amendatory Act
15of the 102nd General Assembly. The State Board shall engage in
16meaningful consultation with stakeholders to establish the
17goals, including in the review and evaluation of the data
18submitted. The State Board shall also consult stakeholders in
19efforts to develop strategies to measure and reduce racial and
20ethnic disparities in the use of isolated time out, time out,
21and physical restraint. Each entity shall create a time out
22and physical restraint oversight team that includes, but is
23not limited to, teachers, paraprofessionals, school service
24personnel, and administrators to develop (i) an
25entity-specific plan for reducing and eventually eliminating
26the use of isolated time out, time out, and physical restraint

 

 

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1in accordance with this subsection (e) the goals and
2benchmarks established by the State Board and (ii) procedures
3to implement the plan developed by the team.
4    The progress toward the reduction and eventual elimination
5of the use of isolated time out and physical restraint shall be
6measured by the reduction in the overall number of incidents
7of those interventions and the total number of students
8subjected to those interventions. In limited cases, upon
9written application made by an entity and approved by the
10State Board based on criteria developed by the State Board to
11show good cause, the reduction in the use of those
12interventions may be measured by the frequency of the use of
13those interventions on individual students and the student
14population as a whole. An entity shall be required to submit
15the entity's reduction plan for the 2024-2025 school year to
16the State Board by October 31, 2024 and, for all subsequent
17school years, on or before July 1. Beginning with the
182024-2025 school year, entities The State Board shall specify
19a date for submission of the plans. Entities shall submit a
20report to the State Board once each year for 7 3 years, on or
21before July 1, after the effective date of this amendatory Act
22of the 102nd General Assembly to the State Board on the
23progress made toward achieving the requirements set forth in
24this subsection (e) goals and benchmarks established by the
25State Board and modify their plans as necessary to satisfy
26those requirements goals and benchmarks. All reduction plans,

 

 

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1modifications, if any, and yearly progress reports shall be
2posted on the entities' websites. Entities shall notify
3parents and guardians that the plans, modifications, and
4reports are available for review. On or before June 30, 2023,
5the State Board shall issue a report to the General Assembly on
6the progress made by entities to achieve those goals and
7benchmarks. The required plans shall include, but not be
8limited to, the specific actions that are to be taken to:
9        (1) reduce and eventually eliminate a reliance on
10    isolated time out, time out, and physical restraint for
11    behavioral interventions and develop noncoercive
12    environments;
13        (2) develop individualized student plans that are
14    oriented toward prevention of the use of isolated time
15    out, time out, and physical restraint with the intent that
16    a plan be separate and apart from a student's
17    individualized education program or a student's plan for
18    services under Section 504 of the federal Rehabilitation
19    Act of 1973;
20        (3) ensure that appropriate personnel are fully
21    informed of the student's history, including any history
22    of physical or sexual abuse, and other relevant medical
23    and mental health information, except that any disclosure
24    of student information must be consistent with federal and
25    State laws and rules governing student confidentiality and
26    privacy rights; and

 

 

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1        (4) support a vision for cultural change that
2    reinforces the following:
3            (A) positive behavioral interventions and support
4        rather than isolated time out, time out, and physical
5        restraint;
6            (B) effective ways to de-escalate situations to
7        avoid isolated time out, time out, and physical
8        restraint;
9            (C) crisis intervention techniques that use
10        alternatives to isolated time out, time out, and
11        physical restraint; and
12            (D) use of debriefing meetings to reassess what
13        occurred and why it occurred and to think through ways
14        to prevent use of the intervention the next time.
15    (f) An entity, as defined in subsection (e), is exempt
16from the requirement to submit a plan and the annual reports
17under subsection (e) if the entity is able to demonstrate to
18the satisfaction of the State Board that (i) within the
19previous 3 years, the entity has never engaged in the use of
20isolated time out, time out, or physical restraint and (ii)
21the entity has adopted a written policy that prohibits the use
22isolated time out, time out, and physical restraint on a
23student and is able to demonstrate the enforcement of that
24policy.
25    (f-5) On or before June 30, 2025, and on or before each
26June 30 thereafter through June 30, 2032, the State Board

 

 

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1shall report to the General Assembly on the progress made by
2entities to achieve the requirements set forth in subsection
3(e), which shall include a meaningful analysis of the data
4collected, steps that the State Board will take to address any
5lack of progress or compliance, including targeted technical
6assistance to be provided to entities, a summary of the
7investigative findings on complaints and the actions taken in
8response to those complaints, and a list of those entities
9with the highest number of valid complaints and the highest
10number of incidents of isolated time out, time out, and
11physical restraint.
12    (g) The State Board shall establish a system of ongoing
13review, auditing, and monitoring to ensure that entities
14comply with the documentation and reporting requirements and
15meet the requirements set forth in subsection (e) State
16Board's established goals and benchmarks for reducing and
17eventually eliminating the use of isolated time out, time out,
18and physical restraint.
19(Source: P.A. 102-339, eff. 8-13-21; 103-175, eff. 6-30-23.)
 
20    (105 ILCS 5/10-20.33)
21    Sec. 10-20.33. Time out, isolated time out, restraint, and
22necessities; limitations and prohibitions.
23    (a) The General Assembly finds and declares that the use
24of isolated time out, time out, and physical restraint on
25children and youth carries risks to the health and safety of

 

 

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

 

 

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

 

 

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

 

 

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1satisfied:
2        (1) The student's Behavior Intervention Plan
3    specifically allows for prone restraint of the student.
4        (2) The Behavior Intervention Plan was put into place
5    before January 1, 2021.
6        (3) The student's Behavior Intervention Plan has been
7    approved by the IEP team.
8        (4) The school staff member or staff members applying
9    the use of prone restraint on a student have been trained
10    in its safe application as established by rule by the
11    State Board of Education.
12        (5) The school must be able to document and
13    demonstrate to the IEP team that the use of other
14    de-escalation techniques provided for in the student's
15    Behavior Intervention Plan were ineffective.
16        (6) The use of prone restraint occurs within the
17    2021-2022 school year.
18All instances of the utilization of prone physical restraint
19must be reported in accordance with the provisions of Public
20Act 102-339 this amendatory Act of the 102nd General Assembly.
21Nothing in this Section shall prohibit the State Board of
22Education from adopting administrative rules that further
23restrict or disqualify the use of prone restraint.
24    (d) The use of any of the following rooms or enclosures for
25an 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;
2        (2) a confining space such as a closet or box;
3        (3) a room where the student cannot be continually
4    observed; or
5        (4) any other room or enclosure or time out procedure
6    that is contrary to current rules adopted by the State
7    Board of Education.
8    (e) The deprivation of necessities needed to sustain the
9health of a person, including, without limitation, the denial
10or unreasonable delay in the provision of the following, is
11prohibited:
12        (1) food or liquid at a time when it is customarily
13    served;
14        (2) medication; or
15        (3) the use of a restroom.
16    (f) (Blank).
17    (g) Following each incident of isolated time out, time
18out, or physical restraint, but no later than 2 school days
19after the incident, the principal or another designated
20administrator shall notify the student's parent or guardian
21that he or she may request a meeting with appropriate school
22personnel to discuss the incident. This meeting shall be held
23separate and apart from meetings held in accordance with the
24student's individualized education program or from meetings
25held in accordance with the student's plan for services under
26Section 504 of the federal Rehabilitation Act of 1973. If a

 

 

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1parent or guardian requests a meeting, the meeting shall be
2convened within 2 school days after the request, provided that
3the 2-school day limitation shall be extended if requested by
4the parent or guardian. The parent or guardian may also
5request that the meeting be convened via telephone or video
6conference.
7    The meeting shall include the student, if appropriate, at
8least one school staff member involved in the incident of
9isolated time out, time out, or physical restraint, the
10student's parent or guardian, and at least one appropriate
11school staff member not involved in the incident of isolated
12time out, time out, or physical restraint, such as a social
13worker, psychologist, nurse, or behavioral specialist. During
14the meeting, the school staff member or members involved in
15the incident of isolated time out, time out, or physical
16restraint, the student, and the student's parent or guardian,
17if applicable, shall be provided an opportunity to describe
18(i) the events that occurred prior to the incident of isolated
19time out, time out, or physical restraint and any actions that
20were taken by school personnel or the student leading up to the
21incident; (ii) the incident of isolated time out, time out, or
22physical restraint; and (iii) the events that occurred or the
23actions that were taken following the incident of isolated
24time out, time out, or physical restraint and whether the
25student returned to regular school activities and, if not, how
26the student spent the remainder of the school day. All parties

 

 

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1present at the meeting shall have the opportunity to discuss
2what school personnel could have done differently to avoid the
3incident of isolated time out, time out, or physical restraint
4and what alternative courses of action, if any, the school can
5take to support the student and to avoid the future use of
6isolated time out, time out, or physical restraint. At no
7point may a student be excluded from school solely because a
8meeting has not occurred.
9    A summary of the meeting and any agreements or conclusions
10reached during the meeting shall be documented in writing and
11shall become part of the student's school record. A copy of the
12documents shall be provided to the student's parent or
13guardian. If a parent or guardian does not request a meeting
14within 10 school days after the school has provided the
15documents to the parent or guardian or if a parent or guardian
16fails to attend a requested meeting, that fact shall be
17documented as part of the student's school record.
18    (h) Whenever isolated time out, time out, or physical
19restraint is used, school personnel shall fully document and
20report to the State Board of Education the incident, including
21the events leading up to the incident, what alternative
22measures that are less restrictive and intrusive were used
23prior to the use of isolated time out, time out, or physical
24restraint, why those measures were ineffective or deemed
25inappropriate, the type of restraint, isolated time out, or
26time out that was used, the length of time the student was in

 

 

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1isolated time out or time out or was restrained, and the staff
2involved. The parents or guardian of a student and the State
3Superintendent of Education shall be informed whenever
4isolated time out, time out, or physical restraint is used.
5    Schools shall provide parents and guardians with the
6following information, to be developed by the State Board and
7which may be incorporated into the State Board's prescribed
8physical restraint and time out form at the discretion of the
9State Board, after each incident in which isolated time out,
10time out, or physical restraint is used during the school
11year, in printed form or, upon the written request of the
12parent or guardian, by email:
13        (1) a copy of the standards for when isolated time
14    out, time out, and physical restraint can be used;
15        (2) information about the rights of parents,
16    guardians, and students; and
17        (3) information about the parent's or guardian's right
18    to file a complaint with the State Superintendent of
19    Education, the complaint process, and other information to
20    assist the parent or guardian in navigating the complaint
21    process.
22    (i) Any use of isolated time out, time out, or physical
23restraint that is permitted by a school board's policy shall
24be implemented in accordance with written procedures.
25(Source: P.A. 102-339, eff. 8-13-21.)
 

 

 

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1    (105 ILCS 5/34-18.20)
2    Sec. 34-18.20. Time out, isolated time out, restraint, and
3necessities; limitations and prohibitions.
4    (a) The General Assembly finds and declares that the use
5of isolated time out, time out, and physical restraint on
6children and youth carries risks to the health and safety of
7students and staff; therefore, the ultimate goal is to reduce
8and eventually eliminate the use of those interventions. The
9General Assembly also finds and declares that the State Board
10of Education must take affirmative action to lead and support
11schools in transforming the school culture to reduce and
12eliminate the use of all such interventions over time.
13    (b) In this Section:
14    "Chemical restraint" means the use of medication to
15control a student's behavior or to restrict a student's
16freedom of movement. "Chemical restraint" does not include
17medication that is legally prescribed and administered as part
18of a student's regular medical regimen to manage behavioral
19symptoms and treat medical symptoms.
20    "Isolated time out" means the involuntary confinement of a
21student alone in a time out room or other enclosure outside of
22the classroom without a supervising adult in the time out room
23or enclosure.
24    "Isolated time out" or "time out" does not include a
25student-initiated or student-requested break, a
26student-initiated sensory break or a teacher-initiated sensory

 

 

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1break that may include a sensory room containing sensory tools
2to assist a student to calm and de-escalate, an in-school
3suspension or detention, or any other appropriate disciplinary
4measure, including the student's brief removal to the hallway
5or similar environment.
6    "Mechanical restraint" means the use of any device or
7equipment to limit a student's movement or to hold a student
8immobile. "Mechanical restraint" does not include any
9restraint used to (i) treat a student's medical needs; (ii)
10protect a student who is known to be at risk of injury
11resulting from a lack of coordination or frequent loss of
12consciousness; (iii) position a student with physical
13disabilities in a manner specified in the student's
14individualized education program, federal Section 504 plan, or
15other plan of care; (iv) provide a supplementary aid, service,
16or accommodation, including, but not limited to, assistive
17technology that provides proprioceptive input or aids in
18self-regulation; or (v) promote student safety in vehicles
19used to transport students.
20    "Physical restraint" or "restraint" means holding a
21student or otherwise restricting a student's movements.
22"Physical restraint" or "restraint" does not include momentary
23periods of physical restriction by direct person to person
24contact, without the aid of material or mechanical devices,
25that are accomplished with limited force and that are designed
26to prevent a student from completing an act that would result

 

 

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1in potential physical harm to himself, herself, or another or
2damage to property.
3    "Prone physical restraint" means a physical restraint in
4which a student is held face down on the floor or other surface
5and physical pressure is applied to the student's body to keep
6the student in the prone position.
7    "Time out" means a behavior management technique for the
8purpose of calming or de-escalation that involves the
9involuntary monitored separation of a student from classmates
10with a trained adult for part of the school day, only for a
11brief time, in a nonlocked setting.
12    (c) Isolated time out, time out, and physical restraint,
13other than prone physical restraint, may be used only if (i)
14the student's behavior presents an imminent danger of serious
15physical harm to the student or to others; (ii) other less
16restrictive and intrusive measures have been tried and have
17proven to be ineffective in stopping the imminent danger of
18serious physical harm; (iii) there is no known medical
19contraindication to its use on the student; and (iv) the
20school staff member or members applying the use of time out,
21isolated time out, or physical restraint on a student have
22been trained in its safe application, as established by rule
23by the State Board of Education. Isolated time out is allowed
24only under limited circumstances as set forth in this Section.
25If all other requirements under this Section are met, isolated
26time out may be used only if the adult in the time out room or

 

 

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1enclosure is in imminent danger of serious physical harm
2because the student is unable to cease actively engaging in
3extreme physical aggression.
4    Mechanical restraint, and chemical restraint, and prone
5physical restraint are prohibited. Prone restraint is
6prohibited except when all of the following conditions are
7satisfied:
8        (1) The student's Behavior Intervention Plan
9    specifically allows for prone restraint of the student.
10        (2) The Behavior Intervention Plan was put into place
11    before January 1, 2021.
12        (3) The student's Behavior Intervention Plan has been
13    approved by the IEP team.
14        (4) The school staff member or staff members applying
15    the use of prone restraint on a student have been trained
16    in its safe application as established by rule by the
17    State Board of Education.
18        (5) The school must be able to document and
19    demonstrate to the IEP team that the use of other
20    de-escalation techniques provided for in the student's
21    Behavior Intervention Plan were ineffective.
22        (6) The use of prone restraint occurs within the
23    2021-2022 school year.
24All instances of the utilization of prone physical restraint
25must be reported in accordance with the provisions of Public
26Act 102-339 this amendatory Act of the 102nd General Assembly.

 

 

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1Nothing in this Section shall prohibit the State Board of
2Education from adopting administrative rules that further
3restrict or disqualify the use of prone restraint.
4    (d) The use of any of the following rooms or enclosures for
5an isolated time out or time out purposes is prohibited:
6        (1) a locked room or a room in which the door is
7    obstructed, prohibiting it from opening;
8        (2) a confining space such as a closet or box;
9        (3) a room where the student cannot be continually
10    observed; or
11        (4) any other room or enclosure or time out procedure
12    that is contrary to current rules adopted by the State
13    Board of Education.
14    (e) The deprivation of necessities needed to sustain the
15health of a person, including, without limitation, the denial
16or unreasonable delay in the provision of the following, is
17prohibited:
18        (1) food or liquid at a time when it is customarily
19    served;
20        (2) medication; or
21        (3) the use of a restroom.
22    (f) (Blank).
23    (g) Following each incident of isolated time out, time
24out, or physical restraint, but no later than 2 school days
25after the incident, the principal or another designated
26administrator shall notify the student's parent or guardian

 

 

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1that he or she may request a meeting with appropriate school
2personnel to discuss the incident. This meeting shall be held
3separate and apart from meetings held in accordance with the
4student's individualized education program or from meetings
5held in accordance with the student's plan for services under
6Section 504 of the federal Rehabilitation Act of 1973. If a
7parent or guardian requests a meeting, the meeting shall be
8convened within 2 school days after the request, provided that
9the 2-school day limitation shall be extended if requested by
10the parent or guardian. The parent or guardian may also
11request that the meeting be convened via telephone or video
12conference.
13    The meeting shall include the student, if appropriate, at
14least one school staff member involved in the incident of
15isolated time out, time out, or physical restraint, the
16student's parent or guardian, and at least one appropriate
17school staff member not involved in the incident of isolated
18time out, time out, or physical restraint, such as a social
19worker, psychologist, nurse, or behavioral specialist. During
20the meeting, the school staff member or members involved in
21the incident of isolated time out, time out, or physical
22restraint, the student, and the student's parent or guardian,
23if applicable, shall be provided an opportunity to describe
24(i) the events that occurred prior to the incident of isolated
25time out, time out, or physical restraint and any actions that
26were taken by school personnel or the student leading up to the

 

 

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1incident; (ii) the incident of isolated time out, time out, or
2physical restraint; and (iii) the events that occurred or the
3actions that were taken following the incident of isolated
4time out, time out, or physical restraint and whether the
5student returned to regular school activities and, if not, how
6the student spent the remainder of the school day. All parties
7present at the meeting shall have the opportunity to discuss
8what school personnel could have done differently to avoid the
9incident of isolated time out, time out, or physical restraint
10and what alternative courses of action, if any, the school can
11take to support the student and to avoid the future use of
12isolated time out, time out, or physical restraint. At no
13point may a student be excluded from school solely because a
14meeting has not occurred.
15    A summary of the meeting and any agreements or conclusions
16reached during the meeting shall be documented in writing and
17shall become part of the student's school record. A copy of the
18documents shall be provided to the student's parent or
19guardian. If a parent or guardian does not request a meeting
20within 10 school days after the school has provided the
21documents to the parent or guardian or if a parent or guardian
22fails to attend a requested meeting, that fact shall be
23documented as part of the student's school record.
24    (h) Whenever isolated time out, time out, or physical
25restraint is used, school personnel shall fully document and
26report to the State Board of Education the incident, including

 

 

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1the events leading up to the incident, what alternative
2measures that are less restrictive and intrusive were used
3prior to the use of isolated time out, time out, or physical
4restraint, why those measures were ineffective or deemed
5inappropriate, the type of restraint, isolated time out, or
6time out that was used, the length of time the student was in
7isolated time out or time out or was restrained, and the staff
8involved. The parents or guardian of a student and the State
9Superintendent of Education shall be informed whenever
10isolated time out, time out, or physical restraint is used.
11    Schools shall provide parents and guardians with the
12following information, to be developed by the State Board and
13which may be incorporated into the State Board's prescribed
14physical restraint and time out form at the discretion of the
15State Board, after each incident in which isolated time out,
16time out, or physical restraint is used during the school
17year, in printed form or, upon the written request of the
18parent or guardian, by email:
19        (1) a copy of the standards for when isolated time
20    out, time out, and physical restraint can be used;
21        (2) information about the rights of parents,
22    guardians, and students; and
23        (3) information about the parent's or guardian's right
24    to file a complaint with the State Superintendent of
25    Education, the complaint process, and other information to
26    assist the parent or guardian in navigating the complaint

 

 

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1    process.
2    (i) Any use of isolated time out, time out, or physical
3restraint that is permitted by the board's policy shall be
4implemented in accordance with written procedures.
5(Source: P.A. 102-339, eff. 8-13-21; 103-175, eff. 6-30-23.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".