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

HB0219 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0219

 

Introduced 1/22/2021, by Rep. Jonathan Carroll

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.130
105 ILCS 5/10-20.33
105 ILCS 5/34-18.20

    Amends the School Code. Makes changes concerning the adoption of rules by the State Board of Education governing time out and physical restraint in the public schools. Subject to appropriation, requires the State Board to create a grant program for school districts and special education cooperatives and charter schools to implement school-wide, culturally sensitive, and trauma-informed practices, positive behavioral interventions and supports, and restorative practices. Allows the State Board to contract with a third party to provide assistance with oversight and monitoring, and requires the State Board to establish reduction goals and a system of ongoing review, auditing, and monitoring. Makes changes in provisions concerning a school board's use of time out and physical restraint, including providing that isolated time out, time out, and physical restraint may be used only under certain circumstances, prohibiting the deprivation of necessities and prone, mechanical, and chemical restraint, and requiring a meeting with school personnel if requested by the parent or guardian, the provision of information to parents and guardians, and written procedures. Effective immediately.


LRB102 10331 CMG 15658 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB0219LRB102 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 School Code is amended by changing Sections
52-3.130, 10-20.33, and 34-18.20 as follows:
 
6    (105 ILCS 5/2-3.130)
7    Sec. 2-3.130. Isolated time out, time Time out, and
8physical restraint rules; grant program; third-party
9assistance; goals and plans.
10    (a) For purposes of this Section, "isolated time out",
11"physical restraint", and "time out" have the meanings given
12to those terms under Section 10-20.33.
13    (b) The State Board of Education shall promulgate rules
14governing the use of isolated time out, time out, and physical
15restraint in the public schools. The rules shall include
16provisions governing the documentation and reporting
17recordkeeping that is required each time these interventions
18when physical restraint or more restrictive forms of time out
19are used.
20    The rules adopted by the State Board shall include a
21procedure by which a person who believes a violation of
22Section 10-20.33 or 34-18.20 has occurred may file a
23complaint. The rules adopted by the State Board shall include

 

 

HB0219- 2 -LRB102 10331 CMG 15658 b

1training requirements that must be included in training
2programs used to train and certify school personnel.
3    The State Board shall establish procedures for progressive
4enforcement actions to ensure that schools fully comply with
5the documentation and reporting requirements for isolated time
6out, time out, and physical restraint established by rule,
7which shall include meaningful and appropriate sanctions for
8the failure to comply, including the failure to report to the
9parent or guardian and to the State Board, the failure to
10timely report, and the failure to provide detailed
11documentation.
12    (c) Subject to appropriation, the State Board must create
13a grant program for school districts and special education
14cooperatives and charter schools approved by the State Board
15to implement school-wide, culturally sensitive, and
16trauma-informed practices, positive behavioral interventions
17and supports, and restorative practices within a multi-tiered
18system of support aimed at reducing the need for
19interventions, such as isolated time out, time out, and
20physical restraint.
21    (d) Subject to the Illinois Procurement Code, the Illinois
22School Student Records Act, the Mental Health and
23Developmental Disabilities Confidentiality Act, and the
24federal Family Educational Rights and Privacy Act of 1974, the
25State Board may contract with a third party to provide
26assistance with the oversight and monitoring of the use of

 

 

HB0219- 3 -LRB102 10331 CMG 15658 b

1isolated time out, time out, and physical restraint by school
2districts.
3    (e) The State Board shall establish goals within 90 days
4after the effective date of this amendatory Act of the 102nd
5General Assembly, with specific benchmarks, for schools to
6accomplish the systemic reduction of isolated time out, time
7out, and physical restraint within 3 years after the effective
8date of this amendatory Act of the 102nd General Assembly. The
9State Board shall engage in meaningful consultation with
10stakeholders to establish the goals, including in the review
11and evaluation of the data submitted. Each school board shall
12create a time out and physical restraint oversight team that
13includes, but is not limited to, teachers, paraprofessionals,
14school service personnel, and administrators to develop (i) a
15school-specific plan for reducing and eventually eliminating
16the use of isolated time out, time out, and physical restraint
17in accordance with the goals and benchmarks established by the
18State Board and (ii) procedures to implement the plan
19developed by the team.
20    The progress toward the reduction and eventual elimination
21of the use of isolated time out and physical restraint shall be
22measured by the reduction in the overall number of incidents
23of those interventions and the total number of students
24subjected to those interventions. In limited cases, upon
25written application made by a school district and approved by
26the State Board based on criteria developed by the State Board

 

 

HB0219- 4 -LRB102 10331 CMG 15658 b

1to show good cause, the reduction in the use of those
2interventions may be measured by the frequency of the use of
3those interventions on individual students and the student
4population as a whole. The State Board shall specify a date for
5submission of the plans. School districts shall submit a
6report once each year for 3 years after the effective date of
7this amendatory Act of the 102nd General Assembly to the State
8Board on the progress made toward achieving the goals and
9benchmarks established by the State Board and modify their
10plans as necessary to satisfy those goals and benchmarks.
11School districts shall notify parents and guardians that the
12plans and reports are available for review. On or before June
1330, 2023, the State Board shall issue a report to the General
14Assembly on the progress made by schools to achieve those
15goals and benchmarks. The required plans shall include, but
16not be limited to, the specific actions that are to be taken
17to:
18        (1) reduce and eventually eliminate a reliance on
19    isolated time out, time out, and physical restraint for
20    behavioral interventions and develop noncoercive
21    environments;
22        (2) develop individualized student plans that are
23    oriented toward prevention of the use of isolated time
24    out, time out, and physical restraint with the intent that
25    a plan be separate and apart from a student's
26    individualized education program or a student's plan for

 

 

HB0219- 5 -LRB102 10331 CMG 15658 b

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

 

 

HB0219- 6 -LRB102 10331 CMG 15658 b

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

 

 

HB0219- 7 -LRB102 10331 CMG 15658 b

1    (b) In this Section:
2    "Chemical restraint" means the use of medication to
3control a student's behavior or to restrict a student's
4freedom of movement. "Chemical restraint" does not include
5medication that is legally prescribed and administered as part
6of a student's regular medical regimen to manage behavioral
7symptoms and treat medical symptoms.
8    "Isolated time out" means the involuntary confinement of a
9student alone in a time out room or other enclosure outside of
10the classroom without a supervising adult in the time out room
11or enclosure.
12    "Isolated time out" or "time out" does not include a
13student-initiated or student-requested break, a
14student-initiated sensory break or a teacher-initiated sensory
15break that may include a sensory room containing sensory tools
16to assist a student to calm and de-escalate, an in-school
17suspension or detention, or any other appropriate disciplinary
18measure, including the student's brief removal to the hallway
19or similar environment.
20    "Mechanical restraint" means the use of any device or
21equipment to limit a student's movement or to hold a student
22immobile. "Mechanical restraint" does not include any
23restraint used to (i) treat a student's medical needs; (ii)
24protect a student who is known to be at risk of injury
25resulting from a lack of coordination or frequent loss of
26consciousness; (iii) position a student with physical

 

 

HB0219- 8 -LRB102 10331 CMG 15658 b

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

 

 

HB0219- 9 -LRB102 10331 CMG 15658 b

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

 

 

HB0219- 10 -LRB102 10331 CMG 15658 b

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

 

 

HB0219- 11 -LRB102 10331 CMG 15658 b

1is unwilling to voluntarily leave the area. The use of
2physical restraints that meet the requirements of this Section
3may be included in a student's individualized education plan
4where deemed appropriate by the student's individualized
5education plan team.
6    (g) Following each incident of isolated time out, time
7out, or physical restraint, but no later than 2 school days
8after the incident, the principal or another designated
9administrator shall notify the student's parent or guardian
10that he or she may request a meeting with appropriate school
11personnel to discuss the incident. This meeting shall be held
12separate and apart from meetings held in accordance with the
13student's individualized education program or from meetings
14held in accordance with the student's plan for services under
15Section 504 of the federal Rehabilitation Act of 1973. If a
16parent or guardian requests a meeting, the meeting shall be
17convened within 2 school days after the request, provided that
18the 2-school day limitation shall be extended if requested by
19the parent or guardian. The parent or guardian may also
20request that the meeting be convened via telephone or video
21conference.
22    The meeting shall include the student, if appropriate, at
23least one school staff member involved in the incident of
24isolated time out, time out, or physical restraint, the
25student's parent or guardian, and at least one appropriate
26school staff member not involved in the incident of isolated

 

 

HB0219- 12 -LRB102 10331 CMG 15658 b

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

 

 

HB0219- 13 -LRB102 10331 CMG 15658 b

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

 

 

HB0219- 14 -LRB102 10331 CMG 15658 b

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

 

 

HB0219- 15 -LRB102 10331 CMG 15658 b

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

 

 

HB0219- 16 -LRB102 10331 CMG 15658 b

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

 

 

HB0219- 17 -LRB102 10331 CMG 15658 b

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

 

 

HB0219- 18 -LRB102 10331 CMG 15658 b

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

 

 

HB0219- 19 -LRB102 10331 CMG 15658 b

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

 

 

HB0219- 20 -LRB102 10331 CMG 15658 b

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

 

 

HB0219- 21 -LRB102 10331 CMG 15658 b

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

 

 

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