Illinois General Assembly - Full Text of HB0219
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Full Text of HB0219  102nd General Assembly

HB0219enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0219 EnrolledLRB102 10331 CMG 15658 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Administrative Procedure Act is
5amended by changing Section 5-45 as follows:
 
6    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
7    Sec. 5-45. Emergency rulemaking.
8    (a) "Emergency" means the existence of any situation that
9any agency finds reasonably constitutes a threat to the public
10interest, safety, or welfare.
11    (b) If any agency finds that an emergency exists that
12requires adoption of a rule upon fewer days than is required by
13Section 5-40 and states in writing its reasons for that
14finding, the agency may adopt an emergency rule without prior
15notice or hearing upon filing a notice of emergency rulemaking
16with the Secretary of State under Section 5-70. The notice
17shall include the text of the emergency rule and shall be
18published in the Illinois Register. Consent orders or other
19court orders adopting settlements negotiated by an agency may
20be adopted under this Section. Subject to applicable
21constitutional or statutory provisions, an emergency rule
22becomes effective immediately upon filing under Section 5-65
23or at a stated date less than 10 days thereafter. The agency's

 

 

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1finding and a statement of the specific reasons for the
2finding shall be filed with the rule. The agency shall take
3reasonable and appropriate measures to make emergency rules
4known to the persons who may be affected by them.
5    (c) An emergency rule may be effective for a period of not
6longer than 150 days, but the agency's authority to adopt an
7identical rule under Section 5-40 is not precluded. No
8emergency rule may be adopted more than once in any 24-month
9period, except that this limitation on the number of emergency
10rules that may be adopted in a 24-month period does not apply
11to (i) emergency rules that make additions to and deletions
12from the Drug Manual under Section 5-5.16 of the Illinois
13Public Aid Code or the generic drug formulary under Section
143.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
15emergency rules adopted by the Pollution Control Board before
16July 1, 1997 to implement portions of the Livestock Management
17Facilities Act, (iii) emergency rules adopted by the Illinois
18Department of Public Health under subsections (a) through (i)
19of Section 2 of the Department of Public Health Act when
20necessary to protect the public's health, (iv) emergency rules
21adopted pursuant to subsection (n) of this Section, (v)
22emergency rules adopted pursuant to subsection (o) of this
23Section, or (vi) emergency rules adopted pursuant to
24subsection (c-5) of this Section. Two or more emergency rules
25having substantially the same purpose and effect shall be
26deemed to be a single rule for purposes of this Section.

 

 

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1    (c-5) To facilitate the maintenance of the program of
2group health benefits provided to annuitants, survivors, and
3retired employees under the State Employees Group Insurance
4Act of 1971, rules to alter the contributions to be paid by the
5State, annuitants, survivors, retired employees, or any
6combination of those entities, for that program of group
7health benefits, shall be adopted as emergency rules. The
8adoption of those rules shall be considered an emergency and
9necessary for the public interest, safety, and welfare.
10    (d) In order to provide for the expeditious and timely
11implementation of the State's fiscal year 1999 budget,
12emergency rules to implement any provision of Public Act
1390-587 or 90-588 or any other budget initiative for fiscal
14year 1999 may be adopted in accordance with this Section by the
15agency charged with administering that provision or
16initiative, except that the 24-month limitation on the
17adoption of emergency rules and the provisions of Sections
185-115 and 5-125 do not apply to rules adopted under this
19subsection (d). The adoption of emergency rules authorized by
20this subsection (d) shall be deemed to be necessary for the
21public interest, safety, and welfare.
22    (e) In order to provide for the expeditious and timely
23implementation of the State's fiscal year 2000 budget,
24emergency rules to implement any provision of Public Act 91-24
25or any other budget initiative for fiscal year 2000 may be
26adopted in accordance with this Section by the agency charged

 

 

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1with administering that provision or initiative, except that
2the 24-month limitation on the adoption of emergency rules and
3the provisions of Sections 5-115 and 5-125 do not apply to
4rules adopted under this subsection (e). The adoption of
5emergency rules authorized by this subsection (e) shall be
6deemed to be necessary for the public interest, safety, and
7welfare.
8    (f) In order to provide for the expeditious and timely
9implementation of the State's fiscal year 2001 budget,
10emergency rules to implement any provision of Public Act
1191-712 or any other budget initiative for fiscal year 2001 may
12be adopted in accordance with this Section by the agency
13charged with administering that provision or initiative,
14except that the 24-month limitation on the adoption of
15emergency rules and the provisions of Sections 5-115 and 5-125
16do not apply to rules adopted under this subsection (f). The
17adoption of emergency rules authorized by this subsection (f)
18shall be deemed to be necessary for the public interest,
19safety, and welfare.
20    (g) In order to provide for the expeditious and timely
21implementation of the State's fiscal year 2002 budget,
22emergency rules to implement any provision of Public Act 92-10
23or any other budget initiative for fiscal year 2002 may be
24adopted in accordance with this Section by the agency charged
25with administering that provision or initiative, except that
26the 24-month limitation on the adoption of emergency rules and

 

 

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1the provisions of Sections 5-115 and 5-125 do not apply to
2rules adopted under this subsection (g). The adoption of
3emergency rules authorized by this subsection (g) shall be
4deemed to be necessary for the public interest, safety, and
5welfare.
6    (h) In order to provide for the expeditious and timely
7implementation of the State's fiscal year 2003 budget,
8emergency rules to implement any provision of Public Act
992-597 or any other budget initiative for fiscal year 2003 may
10be adopted in accordance with this Section by the agency
11charged with administering that provision or initiative,
12except that the 24-month limitation on the adoption of
13emergency rules and the provisions of Sections 5-115 and 5-125
14do not apply to rules adopted under this subsection (h). The
15adoption of emergency rules authorized by this subsection (h)
16shall be deemed to be necessary for the public interest,
17safety, and welfare.
18    (i) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 2004 budget,
20emergency rules to implement any provision of Public Act 93-20
21or any other budget initiative for fiscal year 2004 may be
22adopted in accordance with this Section by the agency charged
23with administering that provision or initiative, except that
24the 24-month limitation on the adoption of emergency rules and
25the provisions of Sections 5-115 and 5-125 do not apply to
26rules adopted under this subsection (i). The adoption of

 

 

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1emergency rules authorized by this subsection (i) shall be
2deemed to be necessary for the public interest, safety, and
3welfare.
4    (j) In order to provide for the expeditious and timely
5implementation of the provisions of the State's fiscal year
62005 budget as provided under the Fiscal Year 2005 Budget
7Implementation (Human Services) Act, emergency rules to
8implement any provision of the Fiscal Year 2005 Budget
9Implementation (Human Services) Act may be adopted in
10accordance with this Section by the agency charged with
11administering that provision, except that the 24-month
12limitation on the adoption of emergency rules and the
13provisions of Sections 5-115 and 5-125 do not apply to rules
14adopted under this subsection (j). The Department of Public
15Aid may also adopt rules under this subsection (j) necessary
16to administer the Illinois Public Aid Code and the Children's
17Health Insurance Program Act. The adoption of emergency rules
18authorized by this subsection (j) shall be deemed to be
19necessary for the public interest, safety, and welfare.
20    (k) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222006 budget, emergency rules to implement any provision of
23Public Act 94-48 or any other budget initiative for fiscal
24year 2006 may be adopted in accordance with this Section by the
25agency charged with administering that provision or
26initiative, except that the 24-month limitation on the

 

 

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1adoption of emergency rules and the provisions of Sections
25-115 and 5-125 do not apply to rules adopted under this
3subsection (k). The Department of Healthcare and Family
4Services may also adopt rules under this subsection (k)
5necessary to administer the Illinois Public Aid Code, the
6Senior Citizens and Persons with Disabilities Property Tax
7Relief Act, the Senior Citizens and Disabled Persons
8Prescription Drug Discount Program Act (now the Illinois
9Prescription Drug Discount Program Act), and the Children's
10Health Insurance Program Act. The adoption of emergency rules
11authorized by this subsection (k) shall be deemed to be
12necessary for the public interest, safety, and welfare.
13    (l) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152007 budget, the Department of Healthcare and Family Services
16may adopt emergency rules during fiscal year 2007, including
17rules effective July 1, 2007, in accordance with this
18subsection to the extent necessary to administer the
19Department's responsibilities with respect to amendments to
20the State plans and Illinois waivers approved by the federal
21Centers for Medicare and Medicaid Services necessitated by the
22requirements of Title XIX and Title XXI of the federal Social
23Security Act. The adoption of emergency rules authorized by
24this subsection (l) shall be deemed to be necessary for the
25public interest, safety, and welfare.
26    (m) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of the State's fiscal year
22008 budget, the Department of Healthcare and Family Services
3may adopt emergency rules during fiscal year 2008, including
4rules effective July 1, 2008, in accordance with this
5subsection to the extent necessary to administer the
6Department's responsibilities with respect to amendments to
7the State plans and Illinois waivers approved by the federal
8Centers for Medicare and Medicaid Services necessitated by the
9requirements of Title XIX and Title XXI of the federal Social
10Security Act. The adoption of emergency rules authorized by
11this subsection (m) shall be deemed to be necessary for the
12public interest, safety, and welfare.
13    (n) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152010 budget, emergency rules to implement any provision of
16Public Act 96-45 or any other budget initiative authorized by
17the 96th General Assembly for fiscal year 2010 may be adopted
18in accordance with this Section by the agency charged with
19administering that provision or initiative. The adoption of
20emergency rules authorized by this subsection (n) shall be
21deemed to be necessary for the public interest, safety, and
22welfare. The rulemaking authority granted in this subsection
23(n) shall apply only to rules promulgated during Fiscal Year
242010.
25    (o) In order to provide for the expeditious and timely
26implementation of the provisions of the State's fiscal year

 

 

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12011 budget, emergency rules to implement any provision of
2Public Act 96-958 or any other budget initiative authorized by
3the 96th General Assembly for fiscal year 2011 may be adopted
4in accordance with this Section by the agency charged with
5administering that provision or initiative. The adoption of
6emergency rules authorized by this subsection (o) is deemed to
7be necessary for the public interest, safety, and welfare. The
8rulemaking authority granted in this subsection (o) applies
9only to rules promulgated on or after July 1, 2010 (the
10effective date of Public Act 96-958) through June 30, 2011.
11    (p) In order to provide for the expeditious and timely
12implementation of the provisions of Public Act 97-689,
13emergency rules to implement any provision of Public Act
1497-689 may be adopted in accordance with this subsection (p)
15by the agency charged with administering that provision or
16initiative. The 150-day limitation of the effective period of
17emergency rules does not apply to rules adopted under this
18subsection (p), and the effective period may continue through
19June 30, 2013. The 24-month limitation on the adoption of
20emergency rules does not apply to rules adopted under this
21subsection (p). The adoption of emergency rules authorized by
22this subsection (p) is deemed to be necessary for the public
23interest, safety, and welfare.
24    (q) In order to provide for the expeditious and timely
25implementation of the provisions of Articles 7, 8, 9, 11, and
2612 of Public Act 98-104, emergency rules to implement any

 

 

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1provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
2may be adopted in accordance with this subsection (q) by the
3agency charged with administering that provision or
4initiative. The 24-month limitation on the adoption of
5emergency rules does not apply to rules adopted under this
6subsection (q). The adoption of emergency rules authorized by
7this subsection (q) is deemed to be necessary for the public
8interest, safety, and welfare.
9    (r) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 98-651,
11emergency rules to implement Public Act 98-651 may be adopted
12in accordance with this subsection (r) by the Department of
13Healthcare and Family Services. The 24-month limitation on the
14adoption of emergency rules does not apply to rules adopted
15under this subsection (r). The adoption of emergency rules
16authorized by this subsection (r) is deemed to be necessary
17for the public interest, safety, and welfare.
18    (s) In order to provide for the expeditious and timely
19implementation of the provisions of Sections 5-5b.1 and 5A-2
20of the Illinois Public Aid Code, emergency rules to implement
21any provision of Section 5-5b.1 or Section 5A-2 of the
22Illinois Public Aid Code may be adopted in accordance with
23this subsection (s) by the Department of Healthcare and Family
24Services. The rulemaking authority granted in this subsection
25(s) shall apply only to those rules adopted prior to July 1,
262015. Notwithstanding any other provision of this Section, any

 

 

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1emergency rule adopted under this subsection (s) shall only
2apply to payments made for State fiscal year 2015. The
3adoption of emergency rules authorized by this subsection (s)
4is deemed to be necessary for the public interest, safety, and
5welfare.
6    (t) In order to provide for the expeditious and timely
7implementation of the provisions of Article II of Public Act
899-6, emergency rules to implement the changes made by Article
9II of Public Act 99-6 to the Emergency Telephone System Act may
10be adopted in accordance with this subsection (t) by the
11Department of State Police. The rulemaking authority granted
12in this subsection (t) shall apply only to those rules adopted
13prior to July 1, 2016. The 24-month limitation on the adoption
14of emergency rules does not apply to rules adopted under this
15subsection (t). The adoption of emergency rules authorized by
16this subsection (t) is deemed to be necessary for the public
17interest, safety, and welfare.
18    (u) In order to provide for the expeditious and timely
19implementation of the provisions of the Burn Victims Relief
20Act, emergency rules to implement any provision of the Act may
21be adopted in accordance with this subsection (u) by the
22Department of Insurance. The rulemaking authority granted in
23this subsection (u) shall apply only to those rules adopted
24prior to December 31, 2015. The adoption of emergency rules
25authorized by this subsection (u) is deemed to be necessary
26for the public interest, safety, and welfare.

 

 

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1    (v) In order to provide for the expeditious and timely
2implementation of the provisions of Public Act 99-516,
3emergency rules to implement Public Act 99-516 may be adopted
4in accordance with this subsection (v) by the Department of
5Healthcare and Family Services. The 24-month limitation on the
6adoption of emergency rules does not apply to rules adopted
7under this subsection (v). The adoption of emergency rules
8authorized by this subsection (v) is deemed to be necessary
9for the public interest, safety, and welfare.
10    (w) In order to provide for the expeditious and timely
11implementation of the provisions of Public Act 99-796,
12emergency rules to implement the changes made by Public Act
1399-796 may be adopted in accordance with this subsection (w)
14by the Adjutant General. The adoption of emergency rules
15authorized by this subsection (w) is deemed to be necessary
16for the public interest, safety, and welfare.
17    (x) In order to provide for the expeditious and timely
18implementation of the provisions of Public Act 99-906,
19emergency rules to implement subsection (i) of Section
2016-115D, subsection (g) of Section 16-128A, and subsection (a)
21of Section 16-128B of the Public Utilities Act may be adopted
22in accordance with this subsection (x) by the Illinois
23Commerce Commission. The rulemaking authority granted in this
24subsection (x) shall apply only to those rules adopted within
25180 days after June 1, 2017 (the effective date of Public Act
2699-906). The adoption of emergency rules authorized by this

 

 

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1subsection (x) is deemed to be necessary for the public
2interest, safety, and welfare.
3    (y) In order to provide for the expeditious and timely
4implementation of the provisions of Public Act 100-23,
5emergency rules to implement the changes made by Public Act
6100-23 to Section 4.02 of the Illinois Act on the Aging,
7Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
8Section 55-30 of the Alcoholism and Other Drug Abuse and
9Dependency Act, and Sections 74 and 75 of the Mental Health and
10Developmental Disabilities Administrative Act may be adopted
11in accordance with this subsection (y) by the respective
12Department. The adoption of emergency rules authorized by this
13subsection (y) is deemed to be necessary for the public
14interest, safety, and welfare.
15    (z) In order to provide for the expeditious and timely
16implementation of the provisions of Public Act 100-554,
17emergency rules to implement the changes made by Public Act
18100-554 to Section 4.7 of the Lobbyist Registration Act may be
19adopted in accordance with this subsection (z) by the
20Secretary of State. The adoption of emergency rules authorized
21by this subsection (z) is deemed to be necessary for the public
22interest, safety, and welfare.
23    (aa) In order to provide for the expeditious and timely
24initial implementation of the changes made to Articles 5, 5A,
2512, and 14 of the Illinois Public Aid Code under the provisions
26of Public Act 100-581, the Department of Healthcare and Family

 

 

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1Services may adopt emergency rules in accordance with this
2subsection (aa). The 24-month limitation on the adoption of
3emergency rules does not apply to rules to initially implement
4the changes made to Articles 5, 5A, 12, and 14 of the Illinois
5Public Aid Code adopted under this subsection (aa). The
6adoption of emergency rules authorized by this subsection (aa)
7is deemed to be necessary for the public interest, safety, and
8welfare.
9    (bb) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 100-587,
11emergency rules to implement the changes made by Public Act
12100-587 to Section 4.02 of the Illinois Act on the Aging,
13Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
14subsection (b) of Section 55-30 of the Alcoholism and Other
15Drug Abuse and Dependency Act, Section 5-104 of the
16Specialized Mental Health Rehabilitation Act of 2013, and
17Section 75 and subsection (b) of Section 74 of the Mental
18Health and Developmental Disabilities Administrative Act may
19be adopted in accordance with this subsection (bb) by the
20respective Department. The adoption of emergency rules
21authorized by this subsection (bb) is deemed to be necessary
22for the public interest, safety, and welfare.
23    (cc) In order to provide for the expeditious and timely
24implementation of the provisions of Public Act 100-587,
25emergency rules may be adopted in accordance with this
26subsection (cc) to implement the changes made by Public Act

 

 

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1100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
2Pension Code by the Board created under Article 14 of the Code;
3Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
4the Board created under Article 15 of the Code; and Sections
516-190.5 and 16-190.6 of the Illinois Pension Code by the
6Board created under Article 16 of the Code. The adoption of
7emergency rules authorized by this subsection (cc) is deemed
8to be necessary for the public interest, safety, and welfare.
9    (dd) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 100-864,
11emergency rules to implement the changes made by Public Act
12100-864 to Section 3.35 of the Newborn Metabolic Screening Act
13may be adopted in accordance with this subsection (dd) by the
14Secretary of State. The adoption of emergency rules authorized
15by this subsection (dd) is deemed to be necessary for the
16public interest, safety, and welfare.
17    (ee) In order to provide for the expeditious and timely
18implementation of the provisions of Public Act 100-1172,
19emergency rules implementing the Illinois Underground Natural
20Gas Storage Safety Act may be adopted in accordance with this
21subsection by the Department of Natural Resources. The
22adoption of emergency rules authorized by this subsection is
23deemed to be necessary for the public interest, safety, and
24welfare.
25    (ff) In order to provide for the expeditious and timely
26initial implementation of the changes made to Articles 5A and

 

 

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114 of the Illinois Public Aid Code under the provisions of
2Public Act 100-1181, the Department of Healthcare and Family
3Services may on a one-time-only basis adopt emergency rules in
4accordance with this subsection (ff). The 24-month limitation
5on the adoption of emergency rules does not apply to rules to
6initially implement the changes made to Articles 5A and 14 of
7the Illinois Public Aid Code adopted under this subsection
8(ff). The adoption of emergency rules authorized by this
9subsection (ff) is deemed to be necessary for the public
10interest, safety, and welfare.
11    (gg) In order to provide for the expeditious and timely
12implementation of the provisions of Public Act 101-1,
13emergency rules may be adopted by the Department of Labor in
14accordance with this subsection (gg) to implement the changes
15made by Public Act 101-1 to the Minimum Wage Law. The adoption
16of emergency rules authorized by this subsection (gg) is
17deemed to be necessary for the public interest, safety, and
18welfare.
19    (hh) In order to provide for the expeditious and timely
20implementation of the provisions of Public Act 101-10,
21emergency rules may be adopted in accordance with this
22subsection (hh) to implement the changes made by Public Act
23101-10 to subsection (j) of Section 5-5.2 of the Illinois
24Public Aid Code. The adoption of emergency rules authorized by
25this subsection (hh) is deemed to be necessary for the public
26interest, safety, and welfare.

 

 

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1    (ii) In order to provide for the expeditious and timely
2implementation of the provisions of Public Act 101-10,
3emergency rules to implement the changes made by Public Act
4101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid
5Code may be adopted in accordance with this subsection (ii) by
6the Department of Public Health. The adoption of emergency
7rules authorized by this subsection (ii) is deemed to be
8necessary for the public interest, safety, and welfare.
9    (jj) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 101-10,
11emergency rules to implement the changes made by Public Act
12101-10 to Section 74 of the Mental Health and Developmental
13Disabilities Administrative Act may be adopted in accordance
14with this subsection (jj) by the Department of Human Services.
15The adoption of emergency rules authorized by this subsection
16(jj) is deemed to be necessary for the public interest,
17safety, and welfare.
18    (kk) In order to provide for the expeditious and timely
19implementation of the Cannabis Regulation and Tax Act and
20Public Act 101-27, the Department of Revenue, the Department
21of Public Health, the Department of Agriculture, the
22Department of State Police, and the Department of Financial
23and Professional Regulation may adopt emergency rules in
24accordance with this subsection (kk). The rulemaking authority
25granted in this subsection (kk) shall apply only to rules
26adopted before December 31, 2021. Notwithstanding the

 

 

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1provisions of subsection (c), emergency rules adopted under
2this subsection (kk) shall be effective for 180 days. The
3adoption of emergency rules authorized by this subsection (kk)
4is deemed to be necessary for the public interest, safety, and
5welfare.
6    (ll) In order to provide for the expeditious and timely
7implementation of the provisions of the Leveling the Playing
8Field for Illinois Retail Act, emergency rules may be adopted
9in accordance with this subsection (ll) to implement the
10changes made by the Leveling the Playing Field for Illinois
11Retail Act. The adoption of emergency rules authorized by this
12subsection (ll) is deemed to be necessary for the public
13interest, safety, and welfare.
14    (mm) In order to provide for the expeditious and timely
15implementation of the provisions of Section 25-70 of the
16Sports Wagering Act, emergency rules to implement Section
1725-70 of the Sports Wagering Act may be adopted in accordance
18with this subsection (mm) by the Department of the Lottery as
19provided in the Sports Wagering Act. The adoption of emergency
20rules authorized by this subsection (mm) is deemed to be
21necessary for the public interest, safety, and welfare.
22    (nn) In order to provide for the expeditious and timely
23implementation of the Sports Wagering Act, emergency rules to
24implement the Sports Wagering Act may be adopted in accordance
25with this subsection (nn) by the Illinois Gaming Board. The
26adoption of emergency rules authorized by this subsection (nn)

 

 

HB0219 Enrolled- 19 -LRB102 10331 CMG 15658 b

1is deemed to be necessary for the public interest, safety, and
2welfare.
3    (oo) In order to provide for the expeditious and timely
4implementation of the provisions of subsection (c) of Section
520 of the Video Gaming Act, emergency rules to implement the
6provisions of subsection (c) of Section 20 of the Video Gaming
7Act may be adopted in accordance with this subsection (oo) by
8the Illinois Gaming Board. The adoption of emergency rules
9authorized by this subsection (oo) is deemed to be necessary
10for the public interest, safety, and welfare.
11    (pp) In order to provide for the expeditious and timely
12implementation of the provisions of Section 50 of the Sexual
13Assault Evidence Submission Act, emergency rules to implement
14Section 50 of the Sexual Assault Evidence Submission Act may
15be adopted in accordance with this subsection (pp) by the
16Department of State Police. The adoption of emergency rules
17authorized by this subsection (pp) is deemed to be necessary
18for the public interest, safety, and welfare.
19    (qq) In order to provide for the expeditious and timely
20implementation of the provisions of the Illinois Works Jobs
21Program Act, emergency rules may be adopted in accordance with
22this subsection (qq) to implement the Illinois Works Jobs
23Program Act. The adoption of emergency rules authorized by
24this subsection (qq) is deemed to be necessary for the public
25interest, safety, and welfare.
26    (rr) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of subsection (c) of Section
22-3.130 of the School Code, emergency rules to implement
3subsection (c) of Section 2-3.130 of the School Code may be
4adopted in accordance with this subsection (rr) by the State
5Board of Education. The adoption of emergency rules authorized
6by this subsection (rr) is deemed to be necessary for the
7public interest, safety, and welfare.
8(Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17;
9100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff.
106-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18;
11100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff.
123-8-19; 101-1, eff. 2-19-19; 101-10, Article 20, Section 20-5,
13eff. 6-5-19; 101-10, Article 35, Section 35-5, eff. 6-5-19;
14101-27, eff. 6-25-19; 101-31, Article 15, Section 15-5, eff.
156-28-19; 101-31, Article 25, Section 25-900, eff. 6-28-19;
16101-31, Article 35, Section 35-3, eff. 6-28-19; 101-377, eff.
178-16-19; 101-601, eff. 12-10-19.)
 
18    Section 10. The School Code is amended by changing
19Sections 2-3.130, 10-20.33, and 34-18.20 as follows:
 
20    (105 ILCS 5/2-3.130)
21    Sec. 2-3.130. Isolated time out, time Time out, and
22physical restraint rules; grant program; third-party
23assistance; goals and plans.
24    (a) For purposes of this Section, "isolated time out",

 

 

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1"physical restraint", and "time out" have the meanings given
2to those terms under Section 10-20.33.
3    (b) The State Board of Education shall promulgate rules
4governing the use of isolated time out, time out, and physical
5restraint in special education nonpublic facilities and the
6public schools. The rules shall include provisions governing
7the documentation and reporting recordkeeping that is required
8each time these interventions when physical restraint or more
9restrictive forms of time out are used.
10    The rules adopted by the State Board shall include a
11procedure by which a person who believes a violation of
12Section 10-20.33 or 34-18.20 has occurred may file a
13complaint. The rules adopted by the State Board shall include
14training requirements that must be included in training
15programs used to train and certify school personnel.
16    The State Board shall establish procedures for progressive
17enforcement actions to ensure that schools fully comply with
18the documentation and reporting requirements for isolated time
19out, time out, and physical restraint established by rule,
20which shall include meaningful and appropriate sanctions for
21the failure to comply, including the failure to report to the
22parent or guardian and to the State Board, the failure to
23timely report, and the failure to provide detailed
24documentation.
25    (c) Subject to appropriation, the State Board shall, by
26adoption of emergency rules under subsection (rr) of Section

 

 

HB0219 Enrolled- 22 -LRB102 10331 CMG 15658 b

15-45 of the Illinois Administrative Procedure Act if it so
2chooses, create a grant program for school districts, special
3education nonpublic facilities approved under Section 14-7.02
4of this Code, and special education cooperatives to implement
5school-wide, culturally sensitive, and trauma-informed
6practices, positive behavioral interventions and supports, and
7restorative practices within a multi-tiered system of support
8aimed at reducing the need for interventions, such as isolated
9time out, time out, and physical restraint. The State Board
10shall give priority in grant funding to those school
11districts, special education nonpublic facilities approved
12under Section 14-7.02 of this Code, and special education
13cooperatives that submit a plan to achieve a significant
14reduction or elimination in the use of isolated time out and
15physical restraint in less than 3 years.
16    (d) Subject to the Illinois Procurement Code, the Illinois
17School Student Records Act, the Mental Health and
18Developmental Disabilities Confidentiality Act, and the
19federal Family Educational Rights and Privacy Act of 1974, the
20State Board may contract with a third party to provide
21assistance with the oversight and monitoring of the use of
22isolated time out, time out, and physical restraint by school
23districts.
24    (e) The State Board shall establish goals within 90 days
25after the effective date of this amendatory Act of the 102nd
26General Assembly, with specific benchmarks, for schools to

 

 

HB0219 Enrolled- 23 -LRB102 10331 CMG 15658 b

1accomplish the systemic reduction of isolated time out, time
2out, and physical restraint within 3 years after the effective
3date of this amendatory Act of the 102nd General Assembly. The
4State Board shall engage in meaningful consultation with
5stakeholders to establish the goals, including in the review
6and evaluation of the data submitted. Each school board shall
7create a time out and physical restraint oversight team that
8includes, but is not limited to, teachers, paraprofessionals,
9school service personnel, and administrators to develop (i) a
10school-specific plan for reducing and eventually eliminating
11the use of isolated time out, time out, and physical restraint
12in accordance with the goals and benchmarks established by the
13State Board and (ii) procedures to implement the plan
14developed by the team.
15    The progress toward the reduction and eventual elimination
16of the use of isolated time out and physical restraint shall be
17measured by the reduction in the overall number of incidents
18of those interventions and the total number of students
19subjected to those interventions. In limited cases, upon
20written application made by a school district and approved by
21the State Board based on criteria developed by the State Board
22to show good cause, the reduction in the use of those
23interventions may be measured by the frequency of the use of
24those interventions on individual students and the student
25population as a whole. The State Board shall specify a date for
26submission of the plans. School districts shall submit a

 

 

HB0219 Enrolled- 24 -LRB102 10331 CMG 15658 b

1report once each year for 3 years after the effective date of
2this amendatory Act of the 102nd General Assembly to the State
3Board on the progress made toward achieving the goals and
4benchmarks established by the State Board and modify their
5plans as necessary to satisfy those goals and benchmarks.
6School districts shall notify parents and guardians that the
7plans and reports are available for review. On or before June
830, 2023, the State Board shall issue a report to the General
9Assembly on the progress made by schools to achieve those
10goals and benchmarks. The required plans shall include, but
11not be limited to, the specific actions that are to be taken
12to:
13        (1) reduce and eventually eliminate a reliance on
14    isolated time out, time out, and physical restraint for
15    behavioral interventions and develop noncoercive
16    environments;
17        (2) develop individualized student plans that are
18    oriented toward prevention of the use of isolated time
19    out, time out, and physical restraint with the intent that
20    a plan be separate and apart from a student's
21    individualized education program or a student's plan for
22    services under Section 504 of the federal Rehabilitation
23    Act of 1973;
24        (3) ensure that appropriate school personnel are fully
25    informed of the student's history, including any history
26    of physical or sexual abuse, and other relevant medical

 

 

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1    and mental health information, except that any disclosure
2    of student information must be consistent with federal and
3    State laws and rules governing student confidentiality and
4    privacy rights; and
5        (4) support a vision for cultural change that
6    reinforces the following:
7            (A) positive behavioral interventions and support
8        rather than isolated time out, time out, and physical
9        restraint;
10            (B) effective ways to de-escalate situations to
11        avoid isolated time out, time out, and physical
12        restraint;
13            (C) crisis intervention techniques that use
14        alternatives to isolated time out, time out, and
15        physical restraint; and
16            (D) use of debriefing meetings to reassess what
17        occurred and why it occurred and to think through ways
18        to prevent use of the intervention the next time.
19    (f) A school is exempt from the requirement to submit a
20plan and the annual reports under subsection (e) if the school
21is able to demonstrate to the satisfaction of the State Board
22that (i) within the previous 3 years, the school district has
23never engaged in the use of isolated time out, time out, or
24physical restraint and (ii) the school has adopted a written
25policy that prohibits the use isolated time out, time out, and
26physical restraint on a student and is able to demonstrate the

 

 

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1enforcement of that policy.
2    (g) The State Board shall establish a system of ongoing
3review, auditing, and monitoring to ensure that schools comply
4with the documentation and reporting requirements and meet the
5State Board's established goals and benchmarks for reducing
6and eventually eliminating the use of isolated time out, time
7out, and physical restraint.
8(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
 
9    (105 ILCS 5/10-20.33)
10    Sec. 10-20.33. Time out, isolated time out, and physical
11restraint, and necessities; limitations and prohibitions.
12    (a) The General Assembly finds and declares that the use
13of isolated time out, time out, and physical restraint on
14children and youth carries risks to the health and safety of
15students and staff; therefore, the ultimate goal is to reduce
16and eventually eliminate the use of those interventions. The
17General Assembly also finds and declares that the State Board
18of Education must take affirmative action to lead and support
19schools in transforming the school culture to reduce and
20eliminate the use of all such interventions over time.
21    (b) In this Section:
22    "Chemical restraint" means the use of medication to
23control a student's behavior or to restrict a student's
24freedom of movement. "Chemical restraint" does not include
25medication that is legally prescribed and administered as part

 

 

HB0219 Enrolled- 27 -LRB102 10331 CMG 15658 b

1of a student's regular medical regimen to manage behavioral
2symptoms and treat medical symptoms.
3    "Isolated time out" means the involuntary confinement of a
4student alone in a time out room or other enclosure outside of
5the classroom without a supervising adult in the time out room
6or enclosure.
7    "Isolated time out" or "time out" does not include a
8student-initiated or student-requested break, a
9student-initiated sensory break or a teacher-initiated sensory
10break that may include a sensory room containing sensory tools
11to assist a student to calm and de-escalate, an in-school
12suspension or detention, or any other appropriate disciplinary
13measure, including the student's brief removal to the hallway
14or similar environment.
15    "Mechanical restraint" means the use of any device or
16equipment to limit a student's movement or to hold a student
17immobile. "Mechanical restraint" does not include any
18restraint used to (i) treat a student's medical needs; (ii)
19protect a student who is known to be at risk of injury
20resulting from a lack of coordination or frequent loss of
21consciousness; (iii) position a student with physical
22disabilities in a manner specified in the student's
23individualized education program, federal Section 504 plan, or
24other plan of care; (iv) provide a supplementary aid, service,
25or accommodation, including, but not limited to, assistive
26technology that provides proprioceptive input or aids in

 

 

HB0219 Enrolled- 28 -LRB102 10331 CMG 15658 b

1self-regulation; or (v) promote student safety in vehicles
2used to transport students.
3    "Physical restraint" or "restraint" means holding a
4student or otherwise restricting a student's movements.
5"Physical restraint" or "restraint" does not include momentary
6periods of physical restriction by direct person to person
7contact, without the aid of material or mechanical devices,
8that are accomplished with limited force and that are designed
9to prevent a student from completing an act that would result
10in potential physical harm to himself, herself, or another or
11damage to property.
12    "Prone physical restraint" means a physical restraint in
13which a student is held face down on the floor or other surface
14and physical pressure is applied to the student's body to keep
15the student in the prone position.
16    "Time out" means a behavior management technique for the
17purpose of calming or de-escalation that involves the
18involuntary monitored separation of a student from classmates
19with a trained adult for part of the school day, only for a
20brief time, in a nonlocked setting.
21    (c) Isolated time out, time out, and physical restraint,
22other than prone physical restraint, may be used only if (i)
23the student's behavior presents an imminent danger of serious
24physical harm to the student or to others; (ii) other less
25restrictive and intrusive measures have been tried and have
26proven to be ineffective in stopping the imminent danger of

 

 

HB0219 Enrolled- 29 -LRB102 10331 CMG 15658 b

1serious physical harm; (iii) there is no known medical
2contraindication to its use on the student; and (iv) the
3school staff member or members applying the use of time out,
4isolated time out, or physical restraint on a student have
5been trained in its safe application, as established by rule
6by the State Board of Education. Isolated time out is allowed
7only under limited circumstances as set forth in this Section.
8If all other requirements under this Section are met, isolated
9time out may be used only if the adult in the time out room or
10enclosure is in imminent danger of serious physical harm
11because the student is unable to cease actively engaging in
12extreme physical aggression.
13    Mechanical restraint and chemical restraint are
14prohibited. Prone restraint is prohibited except when all of
15the following conditions are satisfied:
16        (1) The student's Behavior Intervention Plan
17    specifically allows for prone restraint of the student.
18        (2) The Behavior Intervention Plan was put into place
19    before January 1, 2021.
20        (3) The student's Behavior Intervention Plan has been
21    approved by the IEP team.
22        (4) The school staff member or staff members applying
23    the use of prone restraint on a student have been trained
24    in its safe application as established by rule by the
25    State Board of Education.
26        (5) The school must be able to document and

 

 

HB0219 Enrolled- 30 -LRB102 10331 CMG 15658 b

1    demonstrate to the IEP team that the use of other
2    de-escalation techniques provided for in the student's
3    Behavior Intervention Plan were ineffective.
4        (6) The use of prone restraint occurs within the
5    2021-2022 school year.
6All instances of the utilization of prone restraint must be
7reported in accordance with the provisions of this amendatory
8Act of the 102nd General Assembly. Nothing in this Section
9shall prohibit the State Board of Education from adopting
10administrative rules that further restrict or disqualify the
11use of prone restraint.
12    (d) The Until rules are adopted under Section 2-3.130 of
13this Code, the use of any of the following rooms or enclosures
14for an isolated time out or time out purposes is prohibited:
15        (1) a locked room or a room in which the door is
16    obstructed, prohibiting it from opening other than one
17    with a locking mechanism that engages only when a key or
18    handle is being held by a person;
19        (2) a confining space such as a closet or box;
20        (3) a room where the student cannot be continually
21    observed; or
22        (4) any other room or enclosure or time out procedure
23    that is contrary to current rules adopted by guidelines of
24    the State Board of Education.
25    (e) The deprivation of necessities needed to sustain the
26health of a person, including, without limitation, the denial

 

 

HB0219 Enrolled- 31 -LRB102 10331 CMG 15658 b

1or unreasonable delay in the provision of the following, is
2prohibited:
3        (1) food or liquid at a time when it is customarily
4    served;
5        (2) medication; or
6        (3) the use of a restroom.
7    (f) (Blank). The use of physical restraints is prohibited
8except when (i) the student poses a physical risk to himself,
9herself, or others, (ii) there is no medical contraindication
10to its use, and (iii) the staff applying the restraint have
11been trained in its safe application. For the purposes of this
12Section, "restraint" does not include momentary periods of
13physical restriction by direct person-to-person contact,
14without the aid of material or mechanical devices,
15accomplished with limited force and that are designed (i) to
16prevent a student from completing an act that would result in
17potential physical harm to himself, herself, or another or
18damage to property or (ii) to remove a disruptive student who
19is unwilling to voluntarily leave the area. The use of
20physical restraints that meet the requirements of this Section
21may be included in a student's individualized education plan
22where deemed appropriate by the student's individualized
23education plan team.
24    (g) Following each incident of isolated time out, time
25out, or physical restraint, but no later than 2 school days
26after the incident, the principal or another designated

 

 

HB0219 Enrolled- 32 -LRB102 10331 CMG 15658 b

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

 

 

HB0219 Enrolled- 33 -LRB102 10331 CMG 15658 b

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

 

 

HB0219 Enrolled- 34 -LRB102 10331 CMG 15658 b

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

 

 

HB0219 Enrolled- 35 -LRB102 10331 CMG 15658 b

1    Education, the complaint process, and other information to
2    assist the parent or guardian in navigating the complaint
3    process.
4    (i) Any use of isolated time out, time out, or physical
5restraint that is permitted by a school board's policy shall
6be implemented in accordance with written procedures.
7(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
 
8    (105 ILCS 5/34-18.20)
9    Sec. 34-18.20. Time out, isolated time out, and physical
10restraint, and necessities; limitations and prohibitions.
11    (a) The General Assembly finds and declares that the use
12of isolated time out, time out, and physical restraint on
13children and youth carries risks to the health and safety of
14students and staff; therefore, the ultimate goal is to reduce
15and eventually eliminate the use of those interventions. The
16General Assembly also finds and declares that the State Board
17of Education must take affirmative action to lead and support
18schools in transforming the school culture to reduce and
19eliminate the use of all such interventions over time.
20    (b) In this Section:
21    "Chemical restraint" means the use of medication to
22control a student's behavior or to restrict a student's
23freedom of movement. "Chemical restraint" does not include
24medication that is legally prescribed and administered as part
25of a student's regular medical regimen to manage behavioral

 

 

HB0219 Enrolled- 36 -LRB102 10331 CMG 15658 b

1symptoms and treat medical symptoms.
2    "Isolated time out" means the involuntary confinement of a
3student alone in a time out room or other enclosure outside of
4the classroom without a supervising adult in the time out room
5or enclosure.
6    "Isolated time out" or "time out" does not include a
7student-initiated or student-requested break, a
8student-initiated sensory break or a teacher-initiated sensory
9break that may include a sensory room containing sensory tools
10to assist a student to calm and de-escalate, an in-school
11suspension or detention, or any other appropriate disciplinary
12measure, including the student's brief removal to the hallway
13or similar environment.
14    "Mechanical restraint" means the use of any device or
15equipment to limit a student's movement or to hold a student
16immobile. "Mechanical restraint" does not include any
17restraint used to (i) treat a student's medical needs; (ii)
18protect a student who is known to be at risk of injury
19resulting from a lack of coordination or frequent loss of
20consciousness; (iii) position a student with physical
21disabilities in a manner specified in the student's
22individualized education program, federal Section 504 plan, or
23other plan of care; (iv) provide a supplementary aid, service,
24or accommodation, including, but not limited to, assistive
25technology that provides proprioceptive input or aids in
26self-regulation; or (v) promote student safety in vehicles

 

 

HB0219 Enrolled- 37 -LRB102 10331 CMG 15658 b

1used to transport students.
2    "Physical restraint" or "restraint" means holding a
3student or otherwise restricting a student's movements.
4"Physical restraint" or "restraint" does not include momentary
5periods of physical restriction by direct person to person
6contact, without the aid of material or mechanical devices,
7that are accomplished with limited force and that are designed
8to prevent a student from completing an act that would result
9in potential physical harm to himself, herself, or another or
10damage to property.
11    "Prone physical restraint" means a physical restraint in
12which a student is held face down on the floor or other surface
13and physical pressure is applied to the student's body to keep
14the student in the prone position.
15    "Time out" means a behavior management technique for the
16purpose of calming or de-escalation that involves the
17involuntary monitored separation of a student from classmates
18with a trained adult for part of the school day, only for a
19brief time, in a nonlocked setting.
20    (c) Isolated time out, time out, and physical restraint,
21other than prone physical restraint, may be used only if (i)
22the student's behavior presents an imminent danger of serious
23physical harm to the student or to others; (ii) other less
24restrictive and intrusive measures have been tried and have
25proven to be ineffective in stopping the imminent danger of
26serious physical harm; (iii) there is no known medical

 

 

HB0219 Enrolled- 38 -LRB102 10331 CMG 15658 b

1contraindication to its use on the student; and (iv) the
2school staff member or members applying the use of time out,
3isolated time out, or physical restraint on a student have
4been trained in its safe application, as established by rule
5by the State Board of Education. Isolated time out is allowed
6only under limited circumstances as set forth in this Section.
7If all other requirements under this Section are met, isolated
8time out may be used only if the adult in the time out room or
9enclosure is in imminent danger of serious physical harm
10because the student is unable to cease actively engaging in
11extreme physical aggression.
12    Mechanical restraint and chemical restraint are
13prohibited. Prone restraint is prohibited except when all of
14the following conditions are satisfied:
15        (1) The student's Behavior Intervention Plan
16    specifically allows for prone restraint of the student.
17        (2) The Behavior Intervention Plan was put into place
18    before January 1, 2021.
19        (3) The student's Behavior Intervention Plan has been
20    approved by the IEP team.
21        (4) The school staff member or staff members applying
22    the use of prone restraint on a student have been trained
23    in its safe application as established by rule by the
24    State Board of Education.
25        (5) The school must be able to document and
26    demonstrate to the IEP team that the use of other

 

 

HB0219 Enrolled- 39 -LRB102 10331 CMG 15658 b

1    de-escalation techniques provided for in the student's
2    Behavior Intervention Plan were ineffective.
3        (6) The use of prone restraint occurs within the
4    school years of 2021-2022 and 2022-2023.
5All instances of the utilization of prone restraint must be
6reported in accordance with the provisions of this amendatory
7Act of the 102nd General Assembly. Nothing in this Section
8shall prohibit the State Board of Education from adopting
9administrative rules that further restrict or disqualify the
10use of prone restraint.
11    (d) The Until rules are adopted under Section 2-3.130 of
12this Code, the use of any of the following rooms or enclosures
13for an isolated time out or time out purposes is prohibited:
14        (1) a locked room or a room in which the door is
15    obstructed, prohibiting it from opening other than one
16    with a locking mechanism that engages only when a key or
17    handle is being held by a person;
18        (2) a confining space such as a closet or box;
19        (3) a room where the student cannot be continually
20    observed; or
21        (4) any other room or enclosure or time out procedure
22    that is contrary to current rules adopted by guidelines of
23    the State Board of Education.
24    (e) The deprivation of necessities needed to sustain the
25health of a person, including, without limitation, the denial
26or unreasonable delay in the provision of the following, is

 

 

HB0219 Enrolled- 40 -LRB102 10331 CMG 15658 b

1prohibited:
2        (1) food or liquid at a time when it is customarily
3    served;
4        (2) medication; or
5        (3) the use of a restroom.
6    (f) (Blank). The use of physical restraints is prohibited
7except when (i) the student poses a physical risk to himself,
8herself, or others, (ii) there is no medical contraindication
9to its use, and (iii) the staff applying the restraint have
10been trained in its safe application. For the purposes of this
11Section, "restraint" does not include momentary periods of
12physical restriction by direct person-to-person contact,
13without the aid of material or mechanical devices,
14accomplished with limited force and that are designed (i) to
15prevent a student from completing an act that would result in
16potential physical harm to himself, herself, or another or
17damage to property or (ii) to remove a disruptive student who
18is unwilling to voluntarily leave the area. The use of
19physical restraints that meet the requirements of this Section
20may be included in a student's individualized education plan
21where deemed appropriate by the student's individualized
22education plan team.
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 physical restraints are used, school
26personnel shall fully document and report to the State Board

 

 

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

 

 

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1    assist the parent or guardian in navigating the complaint
2    process.
3    (i) Any use of isolated time out, time out, or physical
4restraint that is permitted by the board's policy shall be
5implemented in accordance with written procedures.
6(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.