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

HB0219ham002 102ND GENERAL ASSEMBLY

Rep. Jonathan Carroll

Filed: 4/19/2021

 

 


 

 


 
10200HB0219ham002LRB102 10331 CMG 25182 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 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

 

 

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1shall include the text of the emergency rule and shall be
2published in the Illinois Register. Consent orders or other
3court orders adopting settlements negotiated by an agency may
4be adopted under this Section. Subject to applicable
5constitutional or statutory provisions, an emergency rule
6becomes effective immediately upon filing under Section 5-65
7or at a stated date less than 10 days thereafter. The agency's
8finding and a statement of the specific reasons for the
9finding shall be filed with the rule. The agency shall take
10reasonable and appropriate measures to make emergency rules
11known to the persons who may be affected by them.
12    (c) An emergency rule may be effective for a period of not
13longer than 150 days, but the agency's authority to adopt an
14identical rule under Section 5-40 is not precluded. No
15emergency rule may be adopted more than once in any 24-month
16period, except that this limitation on the number of emergency
17rules that may be adopted in a 24-month period does not apply
18to (i) emergency rules that make additions to and deletions
19from the Drug Manual under Section 5-5.16 of the Illinois
20Public Aid Code or the generic drug formulary under Section
213.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
22emergency rules adopted by the Pollution Control Board before
23July 1, 1997 to implement portions of the Livestock Management
24Facilities Act, (iii) emergency rules adopted by the Illinois
25Department of Public Health under subsections (a) through (i)
26of Section 2 of the Department of Public Health Act when

 

 

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1necessary to protect the public's health, (iv) emergency rules
2adopted pursuant to subsection (n) of this Section, (v)
3emergency rules adopted pursuant to subsection (o) of this
4Section, or (vi) emergency rules adopted pursuant to
5subsection (c-5) of this Section. Two or more emergency rules
6having substantially the same purpose and effect shall be
7deemed to be a single rule for purposes of this Section.
8    (c-5) To facilitate the maintenance of the program of
9group health benefits provided to annuitants, survivors, and
10retired employees under the State Employees Group Insurance
11Act of 1971, rules to alter the contributions to be paid by the
12State, annuitants, survivors, retired employees, or any
13combination of those entities, for that program of group
14health benefits, shall be adopted as emergency rules. The
15adoption of those rules shall be considered an emergency and
16necessary for the public interest, safety, and welfare.
17    (d) In order to provide for the expeditious and timely
18implementation of the State's fiscal year 1999 budget,
19emergency rules to implement any provision of Public Act
2090-587 or 90-588 or any other budget initiative for fiscal
21year 1999 may be adopted in accordance with this Section by the
22agency charged with administering that provision or
23initiative, except that the 24-month limitation on the
24adoption of emergency rules and the provisions of Sections
255-115 and 5-125 do not apply to rules adopted under this
26subsection (d). The adoption of emergency rules authorized by

 

 

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1this subsection (d) shall be deemed to be necessary for the
2public interest, safety, and welfare.
3    (e) In order to provide for the expeditious and timely
4implementation of the State's fiscal year 2000 budget,
5emergency rules to implement any provision of Public Act 91-24
6or any other budget initiative for fiscal year 2000 may be
7adopted in accordance with this Section by the agency charged
8with administering that provision or initiative, except that
9the 24-month limitation on the adoption of emergency rules and
10the provisions of Sections 5-115 and 5-125 do not apply to
11rules adopted under this subsection (e). The adoption of
12emergency rules authorized by this subsection (e) shall be
13deemed to be necessary for the public interest, safety, and
14welfare.
15    (f) In order to provide for the expeditious and timely
16implementation of the State's fiscal year 2001 budget,
17emergency rules to implement any provision of Public Act
1891-712 or any other budget initiative for fiscal year 2001 may
19be adopted in accordance with this Section by the agency
20charged with administering that provision or initiative,
21except that the 24-month limitation on the adoption of
22emergency rules and the provisions of Sections 5-115 and 5-125
23do not apply to rules adopted under this subsection (f). The
24adoption of emergency rules authorized by this subsection (f)
25shall be deemed to be necessary for the public interest,
26safety, and welfare.

 

 

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1    (g) In order to provide for the expeditious and timely
2implementation of the State's fiscal year 2002 budget,
3emergency rules to implement any provision of Public Act 92-10
4or any other budget initiative for fiscal year 2002 may be
5adopted in accordance with this Section by the agency charged
6with administering that provision or initiative, except that
7the 24-month limitation on the adoption of emergency rules and
8the provisions of Sections 5-115 and 5-125 do not apply to
9rules adopted under this subsection (g). The adoption of
10emergency rules authorized by this subsection (g) shall be
11deemed to be necessary for the public interest, safety, and
12welfare.
13    (h) In order to provide for the expeditious and timely
14implementation of the State's fiscal year 2003 budget,
15emergency rules to implement any provision of Public Act
1692-597 or any other budget initiative for fiscal year 2003 may
17be adopted in accordance with this Section by the agency
18charged with administering that provision or initiative,
19except that the 24-month limitation on the adoption of
20emergency rules and the provisions of Sections 5-115 and 5-125
21do not apply to rules adopted under this subsection (h). The
22adoption of emergency rules authorized by this subsection (h)
23shall be deemed to be necessary for the public interest,
24safety, and welfare.
25    (i) In order to provide for the expeditious and timely
26implementation of the State's fiscal year 2004 budget,

 

 

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1emergency rules to implement any provision of Public Act 93-20
2or any other budget initiative for fiscal year 2004 may be
3adopted in accordance with this Section by the agency charged
4with administering that provision or initiative, except that
5the 24-month limitation on the adoption of emergency rules and
6the provisions of Sections 5-115 and 5-125 do not apply to
7rules adopted under this subsection (i). The adoption of
8emergency rules authorized by this subsection (i) shall be
9deemed to be necessary for the public interest, safety, and
10welfare.
11    (j) In order to provide for the expeditious and timely
12implementation of the provisions of the State's fiscal year
132005 budget as provided under the Fiscal Year 2005 Budget
14Implementation (Human Services) Act, emergency rules to
15implement any provision of the Fiscal Year 2005 Budget
16Implementation (Human Services) Act may be adopted in
17accordance with this Section by the agency charged with
18administering that provision, except that the 24-month
19limitation on the adoption of emergency rules and the
20provisions of Sections 5-115 and 5-125 do not apply to rules
21adopted under this subsection (j). The Department of Public
22Aid may also adopt rules under this subsection (j) necessary
23to administer the Illinois Public Aid Code and the Children's
24Health Insurance Program Act. The adoption of emergency rules
25authorized by this subsection (j) shall be deemed to be
26necessary for the public interest, safety, and welfare.

 

 

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1    (k) In order to provide for the expeditious and timely
2implementation of the provisions of the State's fiscal year
32006 budget, emergency rules to implement any provision of
4Public Act 94-48 or any other budget initiative for fiscal
5year 2006 may be adopted in accordance with this Section by the
6agency charged with administering that provision or
7initiative, except that the 24-month limitation on the
8adoption of emergency rules and the provisions of Sections
95-115 and 5-125 do not apply to rules adopted under this
10subsection (k). The Department of Healthcare and Family
11Services may also adopt rules under this subsection (k)
12necessary to administer the Illinois Public Aid Code, the
13Senior Citizens and Persons with Disabilities Property Tax
14Relief Act, the Senior Citizens and Disabled Persons
15Prescription Drug Discount Program Act (now the Illinois
16Prescription Drug Discount Program Act), and the Children's
17Health Insurance Program Act. The adoption of emergency rules
18authorized by this subsection (k) shall be deemed to be
19necessary for the public interest, safety, and welfare.
20    (l) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222007 budget, the Department of Healthcare and Family Services
23may adopt emergency rules during fiscal year 2007, including
24rules effective July 1, 2007, in accordance with this
25subsection to the extent necessary to administer the
26Department's responsibilities with respect to amendments to

 

 

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1the State plans and Illinois waivers approved by the federal
2Centers for Medicare and Medicaid Services necessitated by the
3requirements of Title XIX and Title XXI of the federal Social
4Security Act. The adoption of emergency rules authorized by
5this subsection (l) shall be deemed to be necessary for the
6public interest, safety, and welfare.
7    (m) In order to provide for the expeditious and timely
8implementation of the provisions of the State's fiscal year
92008 budget, the Department of Healthcare and Family Services
10may adopt emergency rules during fiscal year 2008, including
11rules effective July 1, 2008, in accordance with this
12subsection to the extent necessary to administer the
13Department's responsibilities with respect to amendments to
14the State plans and Illinois waivers approved by the federal
15Centers for Medicare and Medicaid Services necessitated by the
16requirements of Title XIX and Title XXI of the federal Social
17Security Act. The adoption of emergency rules authorized by
18this subsection (m) shall be deemed to be necessary for the
19public interest, safety, and welfare.
20    (n) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222010 budget, emergency rules to implement any provision of
23Public Act 96-45 or any other budget initiative authorized by
24the 96th General Assembly for fiscal year 2010 may be adopted
25in accordance with this Section by the agency charged with
26administering that provision or initiative. The adoption of

 

 

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1emergency rules authorized by this subsection (n) shall be
2deemed to be necessary for the public interest, safety, and
3welfare. The rulemaking authority granted in this subsection
4(n) shall apply only to rules promulgated during Fiscal Year
52010.
6    (o) In order to provide for the expeditious and timely
7implementation of the provisions of the State's fiscal year
82011 budget, emergency rules to implement any provision of
9Public Act 96-958 or any other budget initiative authorized by
10the 96th General Assembly for fiscal year 2011 may be adopted
11in accordance with this Section by the agency charged with
12administering that provision or initiative. The adoption of
13emergency rules authorized by this subsection (o) is deemed to
14be necessary for the public interest, safety, and welfare. The
15rulemaking authority granted in this subsection (o) applies
16only to rules promulgated on or after July 1, 2010 (the
17effective date of Public Act 96-958) through June 30, 2011.
18    (p) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 97-689,
20emergency rules to implement any provision of Public Act
2197-689 may be adopted in accordance with this subsection (p)
22by the agency charged with administering that provision or
23initiative. The 150-day limitation of the effective period of
24emergency rules does not apply to rules adopted under this
25subsection (p), and the effective period may continue through
26June 30, 2013. The 24-month limitation on the adoption of

 

 

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1emergency rules does not apply to rules adopted under this
2subsection (p). The adoption of emergency rules authorized by
3this subsection (p) is deemed to be necessary for the public
4interest, safety, and welfare.
5    (q) In order to provide for the expeditious and timely
6implementation of the provisions of Articles 7, 8, 9, 11, and
712 of Public Act 98-104, emergency rules to implement any
8provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
9may be adopted in accordance with this subsection (q) by the
10agency charged with administering that provision or
11initiative. The 24-month limitation on the adoption of
12emergency rules does not apply to rules adopted under this
13subsection (q). The adoption of emergency rules authorized by
14this subsection (q) is deemed to be necessary for the public
15interest, safety, and welfare.
16    (r) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 98-651,
18emergency rules to implement Public Act 98-651 may be adopted
19in accordance with this subsection (r) by the Department of
20Healthcare and Family Services. The 24-month limitation on the
21adoption of emergency rules does not apply to rules adopted
22under this subsection (r). The adoption of emergency rules
23authorized by this subsection (r) is deemed to be necessary
24for the public interest, safety, and welfare.
25    (s) In order to provide for the expeditious and timely
26implementation of the provisions of Sections 5-5b.1 and 5A-2

 

 

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1of the Illinois Public Aid Code, emergency rules to implement
2any provision of Section 5-5b.1 or Section 5A-2 of the
3Illinois Public Aid Code may be adopted in accordance with
4this subsection (s) by the Department of Healthcare and Family
5Services. The rulemaking authority granted in this subsection
6(s) shall apply only to those rules adopted prior to July 1,
72015. Notwithstanding any other provision of this Section, any
8emergency rule adopted under this subsection (s) shall only
9apply to payments made for State fiscal year 2015. The
10adoption of emergency rules authorized by this subsection (s)
11is deemed to be necessary for the public interest, safety, and
12welfare.
13    (t) In order to provide for the expeditious and timely
14implementation of the provisions of Article II of Public Act
1599-6, emergency rules to implement the changes made by Article
16II of Public Act 99-6 to the Emergency Telephone System Act may
17be adopted in accordance with this subsection (t) by the
18Department of State Police. The rulemaking authority granted
19in this subsection (t) shall apply only to those rules adopted
20prior to July 1, 2016. The 24-month limitation on the adoption
21of emergency rules does not apply to rules adopted under this
22subsection (t). The adoption of emergency rules authorized by
23this subsection (t) is deemed to be necessary for the public
24interest, safety, and welfare.
25    (u) In order to provide for the expeditious and timely
26implementation of the provisions of the Burn Victims Relief

 

 

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1Act, emergency rules to implement any provision of the Act may
2be adopted in accordance with this subsection (u) by the
3Department of Insurance. The rulemaking authority granted in
4this subsection (u) shall apply only to those rules adopted
5prior to December 31, 2015. The adoption of emergency rules
6authorized by this subsection (u) is deemed to be necessary
7for the public interest, safety, and welfare.
8    (v) In order to provide for the expeditious and timely
9implementation of the provisions of Public Act 99-516,
10emergency rules to implement Public Act 99-516 may be adopted
11in accordance with this subsection (v) by the Department of
12Healthcare and Family Services. The 24-month limitation on the
13adoption of emergency rules does not apply to rules adopted
14under this subsection (v). The adoption of emergency rules
15authorized by this subsection (v) is deemed to be necessary
16for the public interest, safety, and welfare.
17    (w) In order to provide for the expeditious and timely
18implementation of the provisions of Public Act 99-796,
19emergency rules to implement the changes made by Public Act
2099-796 may be adopted in accordance with this subsection (w)
21by the Adjutant General. The adoption of emergency rules
22authorized by this subsection (w) is deemed to be necessary
23for the public interest, safety, and welfare.
24    (x) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 99-906,
26emergency rules to implement subsection (i) of Section

 

 

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116-115D, subsection (g) of Section 16-128A, and subsection (a)
2of Section 16-128B of the Public Utilities Act may be adopted
3in accordance with this subsection (x) by the Illinois
4Commerce Commission. The rulemaking authority granted in this
5subsection (x) shall apply only to those rules adopted within
6180 days after June 1, 2017 (the effective date of Public Act
799-906). The adoption of emergency rules authorized by this
8subsection (x) is deemed to be necessary for the public
9interest, safety, and welfare.
10    (y) In order to provide for the expeditious and timely
11implementation of the provisions of Public Act 100-23,
12emergency rules to implement the changes made by Public Act
13100-23 to Section 4.02 of the Illinois Act on the Aging,
14Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
15Section 55-30 of the Alcoholism and Other Drug Abuse and
16Dependency Act, and Sections 74 and 75 of the Mental Health and
17Developmental Disabilities Administrative Act may be adopted
18in accordance with this subsection (y) by the respective
19Department. The adoption of emergency rules authorized by this
20subsection (y) is deemed to be necessary for the public
21interest, safety, and welfare.
22    (z) In order to provide for the expeditious and timely
23implementation of the provisions of Public Act 100-554,
24emergency rules to implement the changes made by Public Act
25100-554 to Section 4.7 of the Lobbyist Registration Act may be
26adopted in accordance with this subsection (z) by the

 

 

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1Secretary of State. The adoption of emergency rules authorized
2by this subsection (z) is deemed to be necessary for the public
3interest, safety, and welfare.
4    (aa) In order to provide for the expeditious and timely
5initial implementation of the changes made to Articles 5, 5A,
612, and 14 of the Illinois Public Aid Code under the provisions
7of Public Act 100-581, the Department of Healthcare and Family
8Services may adopt emergency rules in accordance with this
9subsection (aa). The 24-month limitation on the adoption of
10emergency rules does not apply to rules to initially implement
11the changes made to Articles 5, 5A, 12, and 14 of the Illinois
12Public Aid Code adopted under this subsection (aa). The
13adoption of emergency rules authorized by this subsection (aa)
14is deemed to be necessary for the public interest, safety, and
15welfare.
16    (bb) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 100-587,
18emergency rules to implement the changes made by Public Act
19100-587 to Section 4.02 of the Illinois Act on the Aging,
20Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
21subsection (b) of Section 55-30 of the Alcoholism and Other
22Drug Abuse and Dependency Act, Section 5-104 of the
23Specialized Mental Health Rehabilitation Act of 2013, and
24Section 75 and subsection (b) of Section 74 of the Mental
25Health and Developmental Disabilities Administrative Act may
26be adopted in accordance with this subsection (bb) by the

 

 

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1respective Department. The adoption of emergency rules
2authorized by this subsection (bb) is deemed to be necessary
3for the public interest, safety, and welfare.
4    (cc) In order to provide for the expeditious and timely
5implementation of the provisions of Public Act 100-587,
6emergency rules may be adopted in accordance with this
7subsection (cc) to implement the changes made by Public Act
8100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
9Pension Code by the Board created under Article 14 of the Code;
10Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
11the Board created under Article 15 of the Code; and Sections
1216-190.5 and 16-190.6 of the Illinois Pension Code by the
13Board created under Article 16 of the Code. The adoption of
14emergency rules authorized by this subsection (cc) is deemed
15to be necessary for the public interest, safety, and welfare.
16    (dd) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 100-864,
18emergency rules to implement the changes made by Public Act
19100-864 to Section 3.35 of the Newborn Metabolic Screening Act
20may be adopted in accordance with this subsection (dd) by the
21Secretary of State. The adoption of emergency rules authorized
22by this subsection (dd) is deemed to be necessary for the
23public interest, safety, and welfare.
24    (ee) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 100-1172,
26emergency rules implementing the Illinois Underground Natural

 

 

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1Gas Storage Safety Act may be adopted in accordance with this
2subsection by the Department of Natural Resources. The
3adoption of emergency rules authorized by this subsection is
4deemed to be necessary for the public interest, safety, and
5welfare.
6    (ff) In order to provide for the expeditious and timely
7initial implementation of the changes made to Articles 5A and
814 of the Illinois Public Aid Code under the provisions of
9Public Act 100-1181, the Department of Healthcare and Family
10Services may on a one-time-only basis adopt emergency rules in
11accordance with this subsection (ff). The 24-month limitation
12on the adoption of emergency rules does not apply to rules to
13initially implement the changes made to Articles 5A and 14 of
14the Illinois Public Aid Code adopted under this subsection
15(ff). The adoption of emergency rules authorized by this
16subsection (ff) is deemed to be necessary for the public
17interest, safety, and welfare.
18    (gg) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 101-1,
20emergency rules may be adopted by the Department of Labor in
21accordance with this subsection (gg) to implement the changes
22made by Public Act 101-1 to the Minimum Wage Law. The adoption
23of emergency rules authorized by this subsection (gg) is
24deemed to be necessary for the public interest, safety, and
25welfare.
26    (hh) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of Public Act 101-10,
2emergency rules may be adopted in accordance with this
3subsection (hh) to implement the changes made by Public Act
4101-10 to subsection (j) of Section 5-5.2 of the Illinois
5Public Aid Code. The adoption of emergency rules authorized by
6this subsection (hh) is deemed to be necessary for the public
7interest, safety, and welfare.
8    (ii) In order to provide for the expeditious and timely
9implementation of the provisions of Public Act 101-10,
10emergency rules to implement the changes made by Public Act
11101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid
12Code may be adopted in accordance with this subsection (ii) by
13the Department of Public Health. The adoption of emergency
14rules authorized by this subsection (ii) is deemed to be
15necessary for the public interest, safety, and welfare.
16    (jj) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 101-10,
18emergency rules to implement the changes made by Public Act
19101-10 to Section 74 of the Mental Health and Developmental
20Disabilities Administrative Act may be adopted in accordance
21with this subsection (jj) by the Department of Human Services.
22The adoption of emergency rules authorized by this subsection
23(jj) is deemed to be necessary for the public interest,
24safety, and welfare.
25    (kk) In order to provide for the expeditious and timely
26implementation of the Cannabis Regulation and Tax Act and

 

 

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1Public Act 101-27, the Department of Revenue, the Department
2of Public Health, the Department of Agriculture, the
3Department of State Police, and the Department of Financial
4and Professional Regulation may adopt emergency rules in
5accordance with this subsection (kk). The rulemaking authority
6granted in this subsection (kk) shall apply only to rules
7adopted before December 31, 2021. Notwithstanding the
8provisions of subsection (c), emergency rules adopted under
9this subsection (kk) shall be effective for 180 days. The
10adoption of emergency rules authorized by this subsection (kk)
11is deemed to be necessary for the public interest, safety, and
12welfare.
13    (ll) In order to provide for the expeditious and timely
14implementation of the provisions of the Leveling the Playing
15Field for Illinois Retail Act, emergency rules may be adopted
16in accordance with this subsection (ll) to implement the
17changes made by the Leveling the Playing Field for Illinois
18Retail Act. The adoption of emergency rules authorized by this
19subsection (ll) is deemed to be necessary for the public
20interest, safety, and welfare.
21    (mm) In order to provide for the expeditious and timely
22implementation of the provisions of Section 25-70 of the
23Sports Wagering Act, emergency rules to implement Section
2425-70 of the Sports Wagering Act may be adopted in accordance
25with this subsection (mm) by the Department of the Lottery as
26provided in the Sports Wagering Act. The adoption of emergency

 

 

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1rules authorized by this subsection (mm) is deemed to be
2necessary for the public interest, safety, and welfare.
3    (nn) In order to provide for the expeditious and timely
4implementation of the Sports Wagering Act, emergency rules to
5implement the Sports Wagering Act may be adopted in accordance
6with this subsection (nn) by the Illinois Gaming Board. The
7adoption of emergency rules authorized by this subsection (nn)
8is deemed to be necessary for the public interest, safety, and
9welfare.
10    (oo) In order to provide for the expeditious and timely
11implementation of the provisions of subsection (c) of Section
1220 of the Video Gaming Act, emergency rules to implement the
13provisions of subsection (c) of Section 20 of the Video Gaming
14Act may be adopted in accordance with this subsection (oo) by
15the Illinois Gaming Board. The adoption of emergency rules
16authorized by this subsection (oo) is deemed to be necessary
17for the public interest, safety, and welfare.
18    (pp) In order to provide for the expeditious and timely
19implementation of the provisions of Section 50 of the Sexual
20Assault Evidence Submission Act, emergency rules to implement
21Section 50 of the Sexual Assault Evidence Submission Act may
22be adopted in accordance with this subsection (pp) by the
23Department of State Police. The adoption of emergency rules
24authorized by this subsection (pp) is deemed to be necessary
25for the public interest, safety, and welfare.
26    (qq) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of the Illinois Works Jobs
2Program Act, emergency rules may be adopted in accordance with
3this subsection (qq) to implement the Illinois Works Jobs
4Program Act. The adoption of emergency rules authorized by
5this subsection (qq) is deemed to be necessary for the public
6interest, safety, and welfare.
7    (rr) In order to provide for the expeditious and timely
8implementation of the provisions of subsection (c) of Section
92-3.130 of the School Code, emergency rules to implement
10subsection (c) of Section 2-3.130 of the School Code may be
11adopted in accordance with this subsection (rr) by the State
12Board of Education. The adoption of emergency rules authorized
13by this subsection (rr) is deemed to be necessary for the
14public interest, safety, and welfare.
15(Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17;
16100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff.
176-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18;
18100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff.
193-8-19; 101-1, eff. 2-19-19; 101-10, Article 20, Section 20-5,
20eff. 6-5-19; 101-10, Article 35, Section 35-5, eff. 6-5-19;
21101-27, eff. 6-25-19; 101-31, Article 15, Section 15-5, eff.
226-28-19; 101-31, Article 25, Section 25-900, eff. 6-28-19;
23101-31, Article 35, Section 35-3, eff. 6-28-19; 101-377, eff.
248-16-19; 101-601, eff. 12-10-19.)
 
25    Section 10. The School Code is amended by changing

 

 

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1Sections 2-3.130, 10-20.33, and 34-18.20 as follows:
 
2    (105 ILCS 5/2-3.130)
3    Sec. 2-3.130. Isolated time out, time Time out, and
4physical restraint rules; grant program; third-party
5assistance; goals and plans.
6    (a) For purposes of this Section, "isolated time out",
7"physical restraint", and "time out" have the meanings given
8to those terms under Section 10-20.33.
9    (b) The State Board of Education shall promulgate rules
10governing the use of isolated time out, time out, and physical
11restraint in special education nonpublic facilities and the
12public schools. The rules shall include provisions governing
13the documentation and reporting recordkeeping that is required
14each time these interventions when physical restraint or more
15restrictive forms of time out are used.
16    The rules adopted by the State Board shall include a
17procedure by which a person who believes a violation of
18Section 10-20.33 or 34-18.20 has occurred may file a
19complaint. The rules adopted by the State Board shall include
20training requirements that must be included in training
21programs used to train and certify school personnel.
22    The State Board shall establish procedures for progressive
23enforcement actions to ensure that schools fully comply with
24the documentation and reporting requirements for isolated time
25out, time out, and physical restraint established by rule,

 

 

10200HB0219ham002- 22 -LRB102 10331 CMG 25182 a

1which shall include meaningful and appropriate sanctions for
2the failure to comply, including the failure to report to the
3parent or guardian and to the State Board, the failure to
4timely report, and the failure to provide detailed
5documentation.
6    (c) Subject to appropriation, the State Board shall, by
7adoption of emergency rules under subsection (rr) of Section
85-45 of the Illinois Administrative Procedure Act if it so
9chooses, create a grant program for school districts, special
10education nonpublic facilities approved under Section 14-7.02
11of this Code, and special education cooperatives to implement
12school-wide, culturally sensitive, and trauma-informed
13practices, positive behavioral interventions and supports, and
14restorative practices within a multi-tiered system of support
15aimed at reducing the need for interventions, such as isolated
16time out, time out, and physical restraint.
17    (d) Subject to the Illinois Procurement Code, the Illinois
18School Student Records Act, the Mental Health and
19Developmental Disabilities Confidentiality Act, and the
20federal Family Educational Rights and Privacy Act of 1974, the
21State Board may contract with a third party to provide
22assistance with the oversight and monitoring of the use of
23isolated time out, time out, and physical restraint by school
24districts.
25    (e) The State Board shall establish goals within 90 days
26after the effective date of this amendatory Act of the 102nd

 

 

10200HB0219ham002- 23 -LRB102 10331 CMG 25182 a

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

 

 

10200HB0219ham002- 24 -LRB102 10331 CMG 25182 a

1submission of the plans. School districts shall submit a
2report once each year for 3 years after the effective date of
3this amendatory Act of the 102nd General Assembly to the State
4Board on the progress made toward achieving the goals and
5benchmarks established by the State Board and modify their
6plans as necessary to satisfy those goals and benchmarks.
7School districts shall notify parents and guardians that the
8plans and reports are available for review. On or before June
930, 2023, the State Board shall issue a report to the General
10Assembly on the progress made by schools to achieve those
11goals and benchmarks. The required plans shall include, but
12not be limited to, the specific actions that are to be taken
13to:
14        (1) reduce and eventually eliminate a reliance on
15    isolated time out, time out, and physical restraint for
16    behavioral interventions and develop noncoercive
17    environments;
18        (2) develop individualized student plans that are
19    oriented toward prevention of the use of isolated time
20    out, time out, and physical restraint with the intent that
21    a plan be separate and apart from a student's
22    individualized education program or a student's plan for
23    services under Section 504 of the federal Rehabilitation
24    Act of 1973;
25        (3) ensure that appropriate school personnel are fully
26    informed of the student's history, including any history

 

 

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

 

 

10200HB0219ham002- 26 -LRB102 10331 CMG 25182 a

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

 

 

10200HB0219ham002- 27 -LRB102 10331 CMG 25182 a

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

 

 

10200HB0219ham002- 28 -LRB102 10331 CMG 25182 a

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

 

 

10200HB0219ham002- 29 -LRB102 10331 CMG 25182 a

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

 

 

10200HB0219ham002- 30 -LRB102 10331 CMG 25182 a

1        (5) The school must be able to document and
2    demonstrate to the IEP team that the use of other
3    de-escalation techniques provided for in the student's
4    Behavior Intervention Plan were ineffective.
5        (6) The use of prone restraint occurs within the
6    school years of 2021-2022 and 2022-2023.
7All instances of the utilization of prone restraint must be
8reported in accordance with the provisions of this amendatory
9Act of the 102nd General Assembly. Nothing in this Section
10shall prohibit the State Board of Education from adopting
11administrative rules that further restrict or disqualify the
12use of prone restraint.
13    (d) The Until rules are adopted under Section 2-3.130 of
14this Code, the use of any of the following rooms or enclosures
15for an isolated time out or time out purposes is prohibited:
16        (1) a locked room or a room in which the door is
17    obstructed, prohibiting it from opening other than one
18    with a locking mechanism that engages only when a key or
19    handle is being held by a person;
20        (2) a confining space such as a closet or box;
21        (3) a room where the student cannot be continually
22    observed; or
23        (4) any other room or enclosure or time out procedure
24    that is contrary to current rules adopted by guidelines of
25    the State Board of Education.
26    (e) The deprivation of necessities needed to sustain the

 

 

10200HB0219ham002- 31 -LRB102 10331 CMG 25182 a

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

 

 

10200HB0219ham002- 32 -LRB102 10331 CMG 25182 a

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

 

 

10200HB0219ham002- 33 -LRB102 10331 CMG 25182 a

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

 

 

10200HB0219ham002- 34 -LRB102 10331 CMG 25182 a

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

 

 

10200HB0219ham002- 35 -LRB102 10331 CMG 25182 a

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

 

 

10200HB0219ham002- 36 -LRB102 10331 CMG 25182 a

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

 

 

10200HB0219ham002- 37 -LRB102 10331 CMG 25182 a

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

 

 

10200HB0219ham002- 38 -LRB102 10331 CMG 25182 a

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

 

 

10200HB0219ham002- 39 -LRB102 10331 CMG 25182 a

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

 

 

10200HB0219ham002- 40 -LRB102 10331 CMG 25182 a

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

 

 

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

 

 

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

 

 

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

 

 

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1    Education, the complaint process, and other information to
2    assist the parent or guardian in navigating the complaint
3    process.
4    (i) Any use of isolated time out, time out, or physical
5restraint that is permitted by the board's policy shall be
6implemented in accordance with written procedures.
7(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".