Public Act 90-0063 of the 90th General Assembly
Public Act 90-0063
SB1070 Enrolled LRB9001954THpk
AN ACT to amend the School Code by changing Section
14-8.05.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing
Section 14-8.05 as follows:
(105 ILCS 5/14-8.05) (from Ch. 122, par. 14-8.05)
Sec. 14-8.05. Behavioral intervention.
(a) The General Assembly finds and declares that
principals and teachers of students with disabilities require
training and guidance that provide ways for working
successfully with children who have difficulties conforming
to acceptable behavioral patterns in order to provide an
environment in which learning can occur. It is the intent of
the General Assembly:
(1) That when behavioral interventions are used,
they be used in consideration of the pupil's physical
freedom and social interaction, and be administered in a
manner that respects human dignity and personal privacy
and that ensures a pupil's right to placement in the
least restrictive educational environment.
(2) That behavioral management plans be developed
and used, to the extent possible, in a consistent manner
when a local educational agency has placed the pupil in a
day or residential setting for education purposes.
(3) That a statewide study be conducted of the use
of behavioral interventions with students with
disabilities receiving special education and related
services.
(4) That training programs be developed and
implemented in institutions of higher education that
train teachers, and that in-service training programs be
made available as necessary in school districts, in
educational service centers, and by regional
superintendents of schools to assure that adequately
trained staff are available to work effectively with the
behavioral intervention needs of students with
disabilities.
(b) On or before September 30, 1993, the State
Superintendent of Education shall conduct a statewide study
of the use of behavioral interventions with students with
disabilities receiving special education and related
services. The study shall include, but not necessarily be
limited to identification of the frequency in the use of
behavioral interventions; the number of districts with
policies in place for working with children exhibiting
continuous serious behavioral problems; how policies, rules,
or regulations within districts differ between emergency and
routine behavioral interventions commonly practiced; the
nature and extent of costs for training provided to personnel
for implementing a program of nonaversive behavioral
interventions; and the nature and extent of costs for
training provided to parents of students with disabilities
who would be receiving behavioral interventions. The scope
of the study shall be developed by the State Board of
Education, in consultation with individuals and groups
representing parents, teachers, administrators, and
advocates. On or before June 30, 1994, the State Board of
Education shall issue guidelines based on the study's
findings. The guidelines shall address, but not be limited
to, the following: (i) appropriate behavioral interventions,
and (ii) how to properly document the need for and use of
behavioral interventions in the process of developing
individualized education plans for students with
disabilities. The guidelines shall be used as a reference to
assist school boards in developing local policies and
procedures in accordance with this Section. The State Board
of Education, with the advice of parents of students with
disabilities and other parents, teachers, administrators,
advocates for persons with disabilities, and individuals with
knowledge or expertise in the development and implementation
of behavioral interventions for persons with disabilities,
shall review its behavioral intervention guidelines at least
once every 3 years to determine their continuing
appropriateness and effectiveness and shall make such
modifications in the guidelines as it deems necessary.
(c) Each school board must establish and maintain a
committee to develop policies and procedures on the use of
behavioral interventions for students with disabilities who
require behavioral intervention. The policies and procedures
shall be adopted and implemented by school boards by January
1, 1996 and shall: (i) be developed with the advice of
parents with students with disabilities and other parents,
teachers, administrators, advocates for persons with
disabilities, and individuals with knowledge or expertise in
the development and implementation of behavioral
interventions for persons with disabilities; (ii) emphasize
positive interventions that are designed to develop and
strengthen desirable behaviors; (iii) incorporate procedures
and methods consistent with generally accepted practice in
the field of behavioral intervention; (iv) include criteria
for determining when a student with disabilities may require
a behavioral intervention plan; (v) reflect that the
guidelines of the State Board of Education have been reviewed
and considered and provide the address of the State Board of
Education so that copies of the State Board of Education
behavioral guidelines may be requested; and (vi) include
procedures for monitoring the use of restrictive behavioral
interventions. Each school board shall (i) furnish a copy of
its local policies and procedures to parents and guardians of
all students with individualized education plans within 15
days after the policies and procedures have been adopted by
the school board, or within 15 days after the school board
has amended its policies and procedures, or at the time an
individualized education plan is first implemented for the
student and at the beginning of each school year thereafter,
and (ii) require that each school inform its students of the
existence of the policies and procedures annually. Provided,
at the annual individualized education plan review, the
school board shall (1) explain the local policies and
procedures, (2) furnish a copy of the local policies to
parents and guardians, and (3) make available, upon request
of any parents and guardians, a copy of local procedures.
(d) The State Superintendent of Education shall consult
with representatives of institutions of higher education and
the State Teacher Certification Board in regard to the
current training requirements for teachers to ensure that
sufficient training is available in appropriate behavioral
interventions consistent with professionally accepted
practices and standards for people entering the field of
education.
(Source: P.A. 89-191, eff. 7-21-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.