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

HB0219ham001 102ND GENERAL ASSEMBLY

Rep. Jonathan Carroll

Filed: 3/16/2021

 

 


 

 


 
10200HB0219ham001LRB102 10331 CMG 23383 a

1
AMENDMENT TO HOUSE BILL 219

2    AMENDMENT NO. ______. Amend House Bill 219 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 2-3.130, 10-20.33, and 34-18.20 as follows:
 
6    (105 ILCS 5/2-3.130)
7    Sec. 2-3.130. Isolated time out, time 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 special education nonpublic facilities and the
16public schools. The rules shall include provisions governing

 

 

10200HB0219ham001- 2 -LRB102 10331 CMG 23383 a

1the documentation and reporting recordkeeping that is required
2each time these interventions when physical restraint or more
3restrictive forms of time out are used.
4    The rules adopted by the State Board shall include a
5procedure by which a person who believes a violation of
6Section 10-20.33 or 34-18.20 has occurred may file a
7complaint. The rules adopted by the State Board shall include
8training requirements that must be included in training
9programs used to train and certify school personnel.
10    The State Board shall establish procedures for progressive
11enforcement actions to ensure that schools fully comply with
12the documentation and reporting requirements for isolated time
13out, time out, and physical restraint established by rule,
14which shall include meaningful and appropriate sanctions for
15the failure to comply, including the failure to report to the
16parent or guardian and to the State Board, the failure to
17timely report, and the failure to provide detailed
18documentation.
19    (c) Subject to appropriation, the State Board must create
20a grant program for school districts and special education
21cooperatives and charter schools approved by the State Board
22to implement school-wide, culturally sensitive, and
23trauma-informed practices, positive behavioral interventions
24and supports, and restorative practices within a multi-tiered
25system of support aimed at reducing the need for
26interventions, such as isolated time out, time out, and

 

 

10200HB0219ham001- 3 -LRB102 10331 CMG 23383 a

1physical restraint.
2    (d) Subject to the Illinois Procurement Code, the Illinois
3School Student Records Act, the Mental Health and
4Developmental Disabilities Confidentiality Act, and the
5federal Family Educational Rights and Privacy Act of 1974, the
6State Board may contract with a third party to provide
7assistance with the oversight and monitoring of the use of
8isolated time out, time out, and physical restraint by school
9districts.
10    (e) The State Board shall establish goals within 90 days
11after the effective date of this amendatory Act of the 102nd
12General Assembly, with specific benchmarks, for schools to
13accomplish the systemic reduction of isolated time out, time
14out, and physical restraint within 3 years after the effective
15date of this amendatory Act of the 102nd General Assembly. The
16State Board shall engage in meaningful consultation with
17stakeholders to establish the goals, including in the review
18and evaluation of the data submitted. Each school board shall
19create a time out and physical restraint oversight team that
20includes, but is not limited to, teachers, paraprofessionals,
21school service personnel, and administrators to develop (i) a
22school-specific plan for reducing and eventually eliminating
23the use of isolated time out, time out, and physical restraint
24in accordance with the goals and benchmarks established by the
25State Board and (ii) procedures to implement the plan
26developed by the team.

 

 

10200HB0219ham001- 4 -LRB102 10331 CMG 23383 a

1    The progress toward the reduction and eventual elimination
2of the use of isolated time out and physical restraint shall be
3measured by the reduction in the overall number of incidents
4of those interventions and the total number of students
5subjected to those interventions. In limited cases, upon
6written application made by a school district and approved by
7the State Board based on criteria developed by the State Board
8to show good cause, the reduction in the use of those
9interventions may be measured by the frequency of the use of
10those interventions on individual students and the student
11population as a whole. The State Board shall specify a date for
12submission of the plans. School districts shall submit a
13report once each year for 3 years after the effective date of
14this amendatory Act of the 102nd General Assembly to the State
15Board on the progress made toward achieving the goals and
16benchmarks established by the State Board and modify their
17plans as necessary to satisfy those goals and benchmarks.
18School districts shall notify parents and guardians that the
19plans and reports are available for review. On or before June
2030, 2023, the State Board shall issue a report to the General
21Assembly on the progress made by schools to achieve those
22goals and benchmarks. The required plans shall include, but
23not be limited to, the specific actions that are to be taken
24to:
25        (1) reduce and eventually eliminate a reliance on
26    isolated time out, time out, and physical restraint for

 

 

10200HB0219ham001- 5 -LRB102 10331 CMG 23383 a

1    behavioral interventions and develop noncoercive
2    environments;
3        (2) develop individualized student plans that are
4    oriented toward prevention of the use of isolated time
5    out, time out, and physical restraint with the intent that
6    a plan be separate and apart from a student's
7    individualized education program or a student's plan for
8    services under Section 504 of the federal Rehabilitation
9    Act of 1973;
10        (3) ensure that appropriate school personnel are fully
11    informed of the student's history, including any history
12    of physical or sexual abuse, and other relevant medical
13    and mental health information, except that any disclosure
14    of student information must be consistent with federal and
15    State laws and rules governing student confidentiality and
16    privacy rights; and
17        (4) support a vision for cultural change that
18    reinforces the following:
19            (A) positive behavioral interventions and support
20        rather than isolated time out, time out, and physical
21        restraint;
22            (B) effective ways to de-escalate situations to
23        avoid isolated time out, time out, and physical
24        restraint;
25            (C) crisis intervention techniques that use
26        alternatives to isolated time out, time out, and

 

 

10200HB0219ham001- 6 -LRB102 10331 CMG 23383 a

1        physical restraint; and
2            (D) use of debriefing meetings to reassess what
3        occurred and why it occurred and to think through ways
4        to prevent use of the intervention the next time.
5    (f) A school is exempt from the requirement to submit a
6plan and the annual reports under subsection (e) if the school
7is able to demonstrate to the satisfaction of the State Board
8that (i) within the previous 3 years, the school district has
9never engaged in the use of isolated time out, time out, or
10physical restraint and (ii) the school has adopted a written
11policy that prohibits the use isolated time out, time out, and
12physical restraint on a student and is able to demonstrate the
13enforcement of that policy.
14    (g) The State Board shall establish a system of ongoing
15review, auditing, and monitoring to ensure that schools comply
16with the documentation and reporting requirements and meet the
17State Board's established goals and benchmarks for reducing
18and eventually eliminating the use of isolated time out, time
19out, and physical restraint.
20(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
 
21    (105 ILCS 5/10-20.33)
22    Sec. 10-20.33. Time out, isolated time out, and physical
23restraint, and necessities; limitations and prohibitions.
24    (a) The General Assembly finds and declares that the use
25of isolated time out, time out, and physical restraint on

 

 

10200HB0219ham001- 7 -LRB102 10331 CMG 23383 a

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

 

 

10200HB0219ham001- 8 -LRB102 10331 CMG 23383 a

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

 

 

10200HB0219ham001- 9 -LRB102 10331 CMG 23383 a

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

 

 

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1education nonpublic facilities if all of the following
2conditions are satisfied:
3        (1) The student's Behavior Intervention Plan
4    specifically allows for prone restraint of the student.
5        (2) The Behavior Intervention Plan was put into place
6    before January 1, 2021.
7        (3) The student's Behavior Intervention Plan has been
8    approved by the IEP team.
9        (4) The school staff member or staff members applying
10    the use of prone restraint on a student have been trained
11    in its safe application as established by rule by the
12    State Board of Education.
13        (5) The special education nonpublic facility must be
14    able to document and demonstrate to the IEP team that the
15    use of other de-escalation techniques provided for in the
16    student's Behavior Intervention Plan were ineffective.
17        (6) The use of prone restraint occurs within the
18    calendar years of 2021 and 2022.
19        All instances of the utilization of prone restraint
20    must be reported in accordance with the provisions of this
21    Amendatory Act of the 102nd General Assembly. Nothing in
22    this Section shall prohibit the State Board of Education
23    from adopting administrative rules that further restrict
24    or disqualify the use of prone restraint.
25    (d) The Until rules are adopted under Section 2-3.130 of
26this Code, the use of any of the following rooms or enclosures

 

 

10200HB0219ham001- 11 -LRB102 10331 CMG 23383 a

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

 

 

10200HB0219ham001- 12 -LRB102 10331 CMG 23383 a

1without the aid of material or mechanical devices,
2accomplished with limited force and that are designed (i) to
3prevent a student from completing an act that would result in
4potential physical harm to himself, herself, or another or
5damage to property or (ii) to remove a disruptive student who
6is unwilling to voluntarily leave the area. The use of
7physical restraints that meet the requirements of this Section
8may be included in a student's individualized education plan
9where deemed appropriate by the student's individualized
10education plan team.
11    (g) Following each incident of isolated time out, time
12out, or physical restraint, but no later than 2 school days
13after the incident, the principal or another designated
14administrator shall notify the student's parent or guardian
15that he or she may request a meeting with appropriate school
16personnel to discuss the incident. This meeting shall be held
17separate and apart from meetings held in accordance with the
18student's individualized education program or from meetings
19held in accordance with the student's plan for services under
20Section 504 of the federal Rehabilitation Act of 1973. If a
21parent or guardian requests a meeting, the meeting shall be
22convened within 2 school days after the request, provided that
23the 2-school day limitation shall be extended if requested by
24the parent or guardian. The parent or guardian may also
25request that the meeting be convened via telephone or video
26conference.

 

 

10200HB0219ham001- 13 -LRB102 10331 CMG 23383 a

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

 

 

10200HB0219ham001- 14 -LRB102 10331 CMG 23383 a

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

 

 

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1following information, to be developed by the State Board and
2which may be incorporated into the State Board's prescribed
3physical restraint and time out form at the discretion of the
4State Board, after each incident in which isolated time out,
5time out, or physical restraint is used during the school
6year, in printed form or, upon the written request of the
7parent or guardian, by email:
8        (1) a copy of the standards for when isolated time
9    out, time out, and physical restraint can be used;
10        (2) information about the rights of parents,
11    guardians, and students; and
12        (3) information about the parent's or guardian's right
13    to file a complaint with the State Superintendent of
14    Education, the complaint process, and other information to
15    assist the parent or guardian in navigating the complaint
16    process.
17    (i) Any use of isolated time out, time out, or physical
18restraint that is permitted by a school board's policy shall
19be implemented in accordance with written procedures.
20(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
 
21    (105 ILCS 5/34-18.20)
22    Sec. 34-18.20. Time out, isolated time out, and physical
23restraint, and necessities; limitations and prohibitions.
24    (a) The General Assembly finds and declares that the use
25of isolated time out, time out, and physical restraint on

 

 

10200HB0219ham001- 16 -LRB102 10331 CMG 23383 a

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

 

 

10200HB0219ham001- 17 -LRB102 10331 CMG 23383 a

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

 

 

10200HB0219ham001- 18 -LRB102 10331 CMG 23383 a

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

 

 

10200HB0219ham001- 19 -LRB102 10331 CMG 23383 a

1education nonpublic facilities if all of the following
2conditions are satisfied:
3        (1) The student's Behavior Intervention Plan
4    specifically allows for prone restraint of the student.
5        (2) The Behavior Intervention Plan was put into place
6    before January 1, 2021.
7        (3) The student's Behavior Intervention Plan has been
8    approved by the IEP team.
9        (4) The school staff member or staff members applying
10    the use of prone restraint on a student have been trained
11    in its safe application as established by rule by the
12    State Board of Education.
13        (5) The special education nonpublic facility must be
14    able to document and demonstrate to the IEP team that the
15    use of other de-escalation techniques provided for in the
16    student's Behavior Intervention Plan were ineffective.
17        (6) The use of prone restraint occurs within the
18    calendar years of 2021 and 2022.
19        All instances of the utilization of prone restraint
20    must be reported in accordance with the provisions of this
21    Amendatory Act of the 102nd General Assembly. Nothing in
22    this Section shall prohibit the State Board of Education
23    from adopting administrative rules that further restrict
24    or disqualify the use of prone restraint.
25    (d) The Until rules are adopted under Section 2-3.130 of
26this Code, the use of any of the following rooms or enclosures

 

 

10200HB0219ham001- 20 -LRB102 10331 CMG 23383 a

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

 

 

10200HB0219ham001- 21 -LRB102 10331 CMG 23383 a

1without the aid of material or mechanical devices,
2accomplished with limited force and that are designed (i) to
3prevent a student from completing an act that would result in
4potential physical harm to himself, herself, or another or
5damage to property or (ii) to remove a disruptive student who
6is unwilling to voluntarily leave the area. The use of
7physical restraints that meet the requirements of this Section
8may be included in a student's individualized education plan
9where deemed appropriate by the student's individualized
10education plan team.
11    (g) Following each incident of isolated time out, time
12out, or physical restraint, but no later than 2 school days
13after the incident, the principal or another designated
14administrator shall notify the student's parent or guardian
15that he or she may request a meeting with appropriate school
16personnel to discuss the incident. This meeting shall be held
17separate and apart from meetings held in accordance with the
18student's individualized education program or from meetings
19held in accordance with the student's plan for services under
20Section 504 of the federal Rehabilitation Act of 1973. If a
21parent or guardian requests a meeting, the meeting shall be
22convened within 2 school days after the request, provided that
23the 2-school day limitation shall be extended if requested by
24the parent or guardian. The parent or guardian may also
25request that the meeting be convened via telephone or video
26conference.

 

 

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

 

 

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

 

 

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