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

HB0219eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0219 EngrossedLRB102 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)

 

 

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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",

 

 

HB0219 Engrossed- 21 -LRB102 10331 CMG 15658 b

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 Engrossed- 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.
10    (d) Subject to the Illinois Procurement Code, the Illinois
11School Student Records Act, the Mental Health and
12Developmental Disabilities Confidentiality Act, and the
13federal Family Educational Rights and Privacy Act of 1974, the
14State Board may contract with a third party to provide
15assistance with the oversight and monitoring of the use of
16isolated time out, time out, and physical restraint by school
17districts.
18    (e) The State Board shall establish goals within 90 days
19after the effective date of this amendatory Act of the 102nd
20General Assembly, with specific benchmarks, for schools to
21accomplish the systemic reduction of isolated time out, time
22out, and physical restraint within 3 years after the effective
23date of this amendatory Act of the 102nd General Assembly. The
24State Board shall engage in meaningful consultation with
25stakeholders to establish the goals, including in the review
26and evaluation of the data submitted. Each school board shall

 

 

HB0219 Engrossed- 23 -LRB102 10331 CMG 15658 b

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

 

 

HB0219 Engrossed- 24 -LRB102 10331 CMG 15658 b

1plans and reports are available for review. On or before June
230, 2023, the State Board shall issue a report to the General
3Assembly on the progress made by schools to achieve those
4goals and benchmarks. The required plans shall include, but
5not be limited to, the specific actions that are to be taken
6to:
7        (1) reduce and eventually eliminate a reliance on
8    isolated time out, time out, and physical restraint for
9    behavioral interventions and develop noncoercive
10    environments;
11        (2) develop individualized student plans that are
12    oriented toward prevention of the use of isolated time
13    out, time out, and physical restraint with the intent that
14    a plan be separate and apart from a student's
15    individualized education program or a student's plan for
16    services under Section 504 of the federal Rehabilitation
17    Act of 1973;
18        (3) ensure that appropriate school personnel are fully
19    informed of the student's history, including any history
20    of physical or sexual abuse, and other relevant medical
21    and mental health information, except that any disclosure
22    of student information must be consistent with federal and
23    State laws and rules governing student confidentiality and
24    privacy rights; and
25        (4) support a vision for cultural change that
26    reinforces the following:

 

 

HB0219 Engrossed- 25 -LRB102 10331 CMG 15658 b

1            (A) positive behavioral interventions and support
2        rather than isolated time out, time out, and physical
3        restraint;
4            (B) effective ways to de-escalate situations to
5        avoid isolated time out, time out, and physical
6        restraint;
7            (C) crisis intervention techniques that use
8        alternatives to isolated time out, time out, and
9        physical restraint; and
10            (D) use of debriefing meetings to reassess what
11        occurred and why it occurred and to think through ways
12        to prevent use of the intervention the next time.
13    (f) A school is exempt from the requirement to submit a
14plan and the annual reports under subsection (e) if the school
15is able to demonstrate to the satisfaction of the State Board
16that (i) within the previous 3 years, the school district has
17never engaged in the use of isolated time out, time out, or
18physical restraint and (ii) the school has adopted a written
19policy that prohibits the use isolated time out, time out, and
20physical restraint on a student and is able to demonstrate the
21enforcement of that policy.
22    (g) The State Board shall establish a system of ongoing
23review, auditing, and monitoring to ensure that schools comply
24with the documentation and reporting requirements and meet the
25State Board's established goals and benchmarks for reducing
26and eventually eliminating the use of isolated time out, time

 

 

HB0219 Engrossed- 26 -LRB102 10331 CMG 15658 b

1out, and physical restraint.
2(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
 
3    (105 ILCS 5/10-20.33)
4    Sec. 10-20.33. Time out, isolated time out, and physical
5restraint, and necessities; limitations and prohibitions.
6    (a) The General Assembly finds and declares that the use
7of isolated time out, time out, and physical restraint on
8children and youth carries risks to the health and safety of
9students and staff; therefore, the ultimate goal is to reduce
10and eventually eliminate the use of those interventions. The
11General Assembly also finds and declares that the State Board
12of Education must take affirmative action to lead and support
13schools in transforming the school culture to reduce and
14eliminate the use of all such interventions over time.
15    (b) In this Section:
16    "Chemical restraint" means the use of medication to
17control a student's behavior or to restrict a student's
18freedom of movement. "Chemical restraint" does not include
19medication that is legally prescribed and administered as part
20of a student's regular medical regimen to manage behavioral
21symptoms and treat medical symptoms.
22    "Isolated time out" means the involuntary confinement of a
23student alone in a time out room or other enclosure outside of
24the classroom without a supervising adult in the time out room
25or enclosure.

 

 

HB0219 Engrossed- 27 -LRB102 10331 CMG 15658 b

1    "Isolated time out" or "time out" does not include a
2student-initiated or student-requested break, a
3student-initiated sensory break or a teacher-initiated sensory
4break that may include a sensory room containing sensory tools
5to assist a student to calm and de-escalate, an in-school
6suspension or detention, or any other appropriate disciplinary
7measure, including the student's brief removal to the hallway
8or similar environment.
9    "Mechanical restraint" means the use of any device or
10equipment to limit a student's movement or to hold a student
11immobile. "Mechanical restraint" does not include any
12restraint used to (i) treat a student's medical needs; (ii)
13protect a student who is known to be at risk of injury
14resulting from a lack of coordination or frequent loss of
15consciousness; (iii) position a student with physical
16disabilities in a manner specified in the student's
17individualized education program, federal Section 504 plan, or
18other plan of care; (iv) provide a supplementary aid, service,
19or accommodation, including, but not limited to, assistive
20technology that provides proprioceptive input or aids in
21self-regulation; or (v) promote student safety in vehicles
22used to transport students.
23    "Physical restraint" or "restraint" means holding a
24student or otherwise restricting a student's movements.
25"Physical restraint" or "restraint" does not include momentary
26periods of physical restriction by direct person to person

 

 

HB0219 Engrossed- 28 -LRB102 10331 CMG 15658 b

1contact, without the aid of material or mechanical devices,
2that are accomplished with limited force and that are designed
3to prevent a student from completing an act that would result
4in potential physical harm to himself, herself, or another or
5damage to property.
6    "Prone physical restraint" means a physical restraint in
7which a student is held face down on the floor or other surface
8and physical pressure is applied to the student's body to keep
9the student in the prone position.
10    "Time out" means a behavior management technique for the
11purpose of calming or de-escalation that involves the
12involuntary monitored separation of a student from classmates
13with a trained adult for part of the school day, only for a
14brief time, in a nonlocked setting.
15    (c) Isolated time out, time out, and physical restraint,
16other than prone physical restraint, may be used only if (i)
17the student's behavior presents an imminent danger of serious
18physical harm to the student or to others; (ii) other less
19restrictive and intrusive measures have been tried and have
20proven to be ineffective in stopping the imminent danger of
21serious physical harm; (iii) there is no known medical
22contraindication to its use on the student; and (iv) the
23school staff member or members applying the use of time out,
24isolated time out, or physical restraint on a student have
25been trained in its safe application, as established by rule
26by the State Board of Education. Isolated time out is allowed

 

 

HB0219 Engrossed- 29 -LRB102 10331 CMG 15658 b

1only under limited circumstances as set forth in this Section.
2If all other requirements under this Section are met, isolated
3time out may be used only if the adult in the time out room or
4enclosure is in imminent danger of serious physical harm
5because the student is unable to cease actively engaging in
6extreme physical aggression.
7    Mechanical restraint and chemical restraint are
8prohibited. Prone restraint is prohibited except when all of
9the following conditions are satisfied:
10        (1) The student's Behavior Intervention Plan
11    specifically allows for prone restraint of the student.
12        (2) The Behavior Intervention Plan was put into place
13    before January 1, 2021.
14        (3) The student's Behavior Intervention Plan has been
15    approved by the IEP team.
16        (4) The school staff member or staff members applying
17    the use of prone restraint on a student have been trained
18    in its safe application as established by rule by the
19    State Board of Education.
20        (5) The school must be able to document and
21    demonstrate to the IEP team that the use of other
22    de-escalation techniques provided for in the student's
23    Behavior Intervention Plan were ineffective.
24        (6) The use of prone restraint occurs within the
25    school years of 2021-2022 and 2022-2023.
26All instances of the utilization of prone restraint must be

 

 

HB0219 Engrossed- 30 -LRB102 10331 CMG 15658 b

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

 

 

HB0219 Engrossed- 31 -LRB102 10331 CMG 15658 b

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

 

 

HB0219 Engrossed- 32 -LRB102 10331 CMG 15658 b

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

 

 

HB0219 Engrossed- 33 -LRB102 10331 CMG 15658 b

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

 

 

HB0219 Engrossed- 34 -LRB102 10331 CMG 15658 b

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

 

 

HB0219 Engrossed- 35 -LRB102 10331 CMG 15658 b

1(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
 
2    (105 ILCS 5/34-18.20)
3    Sec. 34-18.20. Time out, isolated time out, and physical
4restraint, and necessities; limitations and prohibitions.
5    (a) The General Assembly finds and declares that the use
6of isolated time out, time out, and physical restraint on
7children and youth carries risks to the health and safety of
8students and staff; therefore, the ultimate goal is to reduce
9and eventually eliminate the use of those interventions. The
10General Assembly also finds and declares that the State Board
11of Education must take affirmative action to lead and support
12schools in transforming the school culture to reduce and
13eliminate the use of all such interventions over time.
14    (b) In this Section:
15    "Chemical restraint" means the use of medication to
16control a student's behavior or to restrict a student's
17freedom of movement. "Chemical restraint" does not include
18medication that is legally prescribed and administered as part
19of a student's regular medical regimen to manage behavioral
20symptoms and treat medical symptoms.
21    "Isolated time out" means the involuntary confinement of a
22student alone in a time out room or other enclosure outside of
23the classroom without a supervising adult in the time out room
24or enclosure.
25    "Isolated time out" or "time out" does not include a

 

 

HB0219 Engrossed- 36 -LRB102 10331 CMG 15658 b

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

 

 

HB0219 Engrossed- 37 -LRB102 10331 CMG 15658 b

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

 

 

HB0219 Engrossed- 38 -LRB102 10331 CMG 15658 b

1If all other requirements under this Section are met, isolated
2time out may be used only if the adult in the time out room or
3enclosure is in imminent danger of serious physical harm
4because the student is unable to cease actively engaging in
5extreme physical aggression.
6    Mechanical restraint and chemical restraint are
7prohibited. Prone restraint is prohibited except when all of
8the following conditions are satisfied:
9        (1) The student's Behavior Intervention Plan
10    specifically allows for prone restraint of the student.
11        (2) The Behavior Intervention Plan was put into place
12    before January 1, 2021.
13        (3) The student's Behavior Intervention Plan has been
14    approved by the IEP team.
15        (4) The school staff member or staff members applying
16    the use of prone restraint on a student have been trained
17    in its safe application as established by rule by the
18    State Board of Education.
19        (5) The school must be able to document and
20    demonstrate to the IEP team that the use of other
21    de-escalation techniques provided for in the student's
22    Behavior Intervention Plan were ineffective.
23        (6) The use of prone restraint occurs within the
24    school years of 2021-2022 and 2022-2023.
25All instances of the utilization of prone restraint must be
26reported in accordance with the provisions of this amendatory

 

 

HB0219 Engrossed- 39 -LRB102 10331 CMG 15658 b

1Act of the 102nd General Assembly. Nothing in this Section
2shall prohibit the State Board of Education from adopting
3administrative rules that further restrict or disqualify the
4use of prone restraint.
5    (d) The Until rules are adopted under Section 2-3.130 of
6this Code, the use of any of the following rooms or enclosures
7for an isolated time out or time out purposes is prohibited:
8        (1) a locked room or a room in which the door is
9    obstructed, prohibiting it from opening other than one
10    with a locking mechanism that engages only when a key or
11    handle is being held by a person;
12        (2) a confining space such as a closet or box;
13        (3) a room where the student cannot be continually
14    observed; or
15        (4) any other room or enclosure or time out procedure
16    that is contrary to current rules adopted by guidelines of
17    the State Board of Education.
18    (e) The deprivation of necessities needed to sustain the
19health of a person, including, without limitation, the denial
20or unreasonable delay in the provision of the following, is
21prohibited:
22        (1) food or liquid at a time when it is customarily
23    served;
24        (2) medication; or
25        (3) the use of a restroom.
26    (f) (Blank). The use of physical restraints is prohibited

 

 

HB0219 Engrossed- 40 -LRB102 10331 CMG 15658 b

1except when (i) the student poses a physical risk to himself,
2herself, or others, (ii) there is no medical contraindication
3to its use, and (iii) the staff applying the restraint have
4been trained in its safe application. For the purposes of this
5Section, "restraint" does not include momentary periods of
6physical restriction by direct person-to-person contact,
7without the aid of material or mechanical devices,
8accomplished with limited force and that are designed (i) to
9prevent a student from completing an act that would result in
10potential physical harm to himself, herself, or another or
11damage to property or (ii) to remove a disruptive student who
12is unwilling to voluntarily leave the area. The use of
13physical restraints that meet the requirements of this Section
14may be included in a student's individualized education plan
15where deemed appropriate by the student's individualized
16education plan team.
17    (g) Following each incident of isolated time out, time
18out, or physical restraint, but no later than 2 school days
19after the incident, the principal or another designated
20administrator shall notify the student's parent or guardian
21that he or she may request a meeting with appropriate school
22personnel to discuss the incident. This meeting shall be held
23separate and apart from meetings held in accordance with the
24student's individualized education program or from meetings
25held in accordance with the student's plan for services under
26Section 504 of the federal Rehabilitation Act of 1973. If a

 

 

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

 

 

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

 

 

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1length of time the student was in isolated time out or time out
2or was is restrained, and the staff involved. The parents or
3guardian of a student and the State Superintendent of
4Education shall be informed whenever isolated time out, time
5out, or physical restraint is restraints are used.
6    Schools shall provide parents and guardians with the
7following information, to be developed by the State Board and
8which may be incorporated into the State Board's prescribed
9physical restraint and time out form at the discretion of the
10State Board, after each incident in which isolated time out,
11time out, or physical restraint is used during the school
12year, in printed form or, upon the written request of the
13parent or guardian, by email:
14        (1) a copy of the standards for when isolated time
15    out, time out, and physical restraint can be used;
16        (2) information about the rights of parents,
17    guardians, and students; and
18        (3) information about the parent's or guardian's right
19    to file a complaint with the State Superintendent of
20    Education, the complaint process, and other information to
21    assist the parent or guardian in navigating the complaint
22    process.
23    (i) Any use of isolated time out, time out, or physical
24restraint that is permitted by the board's policy shall be
25implemented in accordance with written procedures.
26(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.