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| [ Senate Amendment 001 ] |
91_SB1168enr SB1168 Enrolled LRB9106162NTcd 1 AN ACT to amend the School Code by adding Sections 2 2-3.126, 10-20.31, and 34-18.18 and changing Section 14-8.05. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The School Code is amended by adding Sections 6 2-3.126, 10-20.31, and 34-18.18 and changing Section 14-8.05 7 as follows: 8 (105 ILCS 5/2-3.126 new) 9 Sec. 2-3.126. Time out and physical restraint rules. The 10 State Board of Education shall promulgate rules governing the 11 use of time out and physical restraint in the public schools. 12 The rules shall include provisions governing recordkeeping 13 that is required when physical restraint or more restrictive 14 forms of time out are used. 15 (105 ILCS 5/10-20.31 new) 16 Sec. 10-20.31. Time out and physical restraint. Until 17 rules are adopted under Section 2-3.126 of this Code, the use 18 of any of the following rooms or enclosures for time out 19 purposes is prohibited: 20 (1) a locked room other than one with a locking 21 mechanism that engages only when a key or handle is being 22 held by a person; 23 (2) a confining space such as a closet or box; 24 (3) a room where the student cannot be continually 25 observed; or 26 (4) any other room or enclosure or time out 27 procedure that is contrary to current guidelines of the 28 State Board of Education. 29 The use of physical restraints is prohibited except when 30 (i) the student poses a physical risk to himself, herself, or SB1168 Enrolled -2- LRB9106162NTcd 1 others, (ii) there is no medical contraindication to its use, 2 and (iii) the staff applying the restraint have been trained 3 in its safe application. For the purposes of this Section, 4 "restraint" does not include momentary periods of physical 5 restriction by direct person-to-person contact, without the 6 aid of material or mechanical devices, accomplished with 7 limited force and that are designed (i) to prevent a student 8 from completing an act that would result in potential 9 physical harm to himself, herself, or another or damage to 10 property or (ii) to remove a disruptive student who is 11 unwilling to voluntarily leave the area. The use of physical 12 restraints that meet the requirements of this Section may be 13 included in a student's individualized education plan where 14 deemed appropriate by the student's individualized education 15 plan team. Whenever physical restraints are used, school 16 personnel shall fully document the incident, including the 17 events leading up to the incident, the type of restraint 18 used, the length of time the student is restrained, and the 19 staff involved. The parents or guardian of a student shall 20 be informed whenever physical restraints are used. 21 (105 ILCS 5/14-8.05) (from Ch. 122, par. 14-8.05) 22 Sec. 14-8.05. Behavioral intervention. 23 (a) The General Assembly finds and declares that 24 principals and teachers of students with disabilities require 25 training and guidance that provide ways for working 26 successfully with children who have difficulties conforming 27 to acceptable behavioral patterns in order to provide an 28 environment in which learning can occur. It is the intent of 29 the General Assembly: 30 (1) That when behavioral interventions are used, 31 they be used in consideration of the pupil's physical 32 freedom and social interaction, and be administered in a 33 manner that respects human dignity and personal privacy SB1168 Enrolled -3- LRB9106162NTcd 1 and that ensures a pupil's right to placement in the 2 least restrictive educational environment. 3 (2) That behavioral management plans be developed 4 and used, to the extent possible, in a consistent manner 5 when a local educational agency has placed the pupil in a 6 day or residential setting for education purposes. 7 (3) That a statewide study be conducted of the use 8 of behavioral interventions with students with 9 disabilities receiving special education and related 10 services. 11 (4) That training programs be developed and 12 implemented in institutions of higher education that 13 train teachers, and that in-service training programs be 14 made available as necessary in school districts, in 15 educational service centers, and by regional 16 superintendents of schools to assure that adequately 17 trained staff are available to work effectively with the 18 behavioral intervention needs of students with 19 disabilities. 20 (b) On or before September 30, 1993, the State 21 Superintendent of Education shall conduct a statewide study 22 of the use of behavioral interventions with students with 23 disabilities receiving special education and related 24 services. The study shall include, but not necessarily be 25 limited to identification of the frequency in the use of 26 behavioral interventions; the number of districts with 27 policies in place for working with children exhibiting 28 continuous serious behavioral problems; how policies, rules, 29 or regulations within districts differ between emergency and 30 routine behavioral interventions commonly practiced; the 31 nature and extent of costs for training provided to personnel 32 for implementing a program of nonaversive behavioral 33 interventions; and the nature and extent of costs for 34 training provided to parents of students with disabilities SB1168 Enrolled -4- LRB9106162NTcd 1 who would be receiving behavioral interventions. The scope 2 of the study shall be developed by the State Board of 3 Education, in consultation with individuals and groups 4 representing parents, teachers, administrators, and 5 advocates. On or before June 30, 1994, the State Board of 6 Education shall issue guidelines based on the study's 7 findings. The guidelines shall address, but not be limited 8 to, the following: (i) appropriate behavioral interventions, 9 and (ii) how to properly document the need for and use of 10 behavioral interventions in the process of developing 11 individualized education plans for students with 12 disabilities. The guidelines shall be used as a reference to 13 assist school boards in developing local policies and 14 procedures in accordance with this Section. The State Board 15 of Education, with the advice of parents of students with 16 disabilities and other parents, teachers, administrators, 17 advocates for persons with disabilities, and individuals with 18 knowledge or expertise in the development and implementation 19 of behavioral interventions for persons with disabilities, 20 shall review its behavioral intervention guidelines at least 21 once every 3 years to determine their continuing 22 appropriateness and effectiveness and shall make such 23 modifications in the guidelines as it deems necessary. 24 (c) Each school board must establish and maintain a 25 committee to develop policies and procedures on the use of 26 behavioral interventions for students with disabilities who 27 require behavioral intervention. The policies and procedures 28 shall be adopted and implemented by school boards by January 29 1, 1996, shall be amended as necessary to comply with the 30 rules established by the State Board of Education under 31 Section 2-3.126 of this Code not later than one month after 32 commencement of the school year after the State Board of 33 Education's rules are adopted, and shall: (i) be developed 34 with the advice of parents with students with disabilities SB1168 Enrolled -5- LRB9106162NTcd 1 and other parents, teachers, administrators, advocates for 2 persons with disabilities, and individuals with knowledge or 3 expertise in the development and implementation of behavioral 4 interventions for persons with disabilities; (ii) emphasize 5 positive interventions that are designed to develop and 6 strengthen desirable behaviors; (iii) incorporate procedures 7 and methods consistent with generally accepted practice in 8 the field of behavioral intervention; (iv) include criteria 9 for determining when a student with disabilities may require 10 a behavioral intervention plan; (v) reflect that the 11 guidelines of the State Board of Education have been reviewed 12 and considered and provide the address of the State Board of 13 Education so that copies of the State Board of Education 14 behavioral guidelines may be requested; and (vi) include 15 procedures for monitoring the use of restrictive behavioral 16 interventions. Each school board shall (i) furnish a copy of 17 its local policies and procedures to parents and guardians of 18 all students with individualized education plans within 15 19 days after the policies and procedures have been adopted by 20 the school board, or within 15 days after the school board 21 has amended its policies and procedures, or at the time an 22 individualized education plan is first implemented for the 23 student, and (ii) require that each school inform its 24 students of the existence of the policies and procedures 25 annually. Provided, at the annual individualized education 26 plan review, the school board shall (1) explain the local 27 policies and procedures, (2) furnish a copy of the local 28 policies to parents and guardians, and (3) make available, 29 upon request of any parents and guardians, a copy of local 30 procedures. 31 (d) The State Superintendent of Education shall consult 32 with representatives of institutions of higher education and 33 the State Teacher Certification Board in regard to the 34 current training requirements for teachers to ensure that SB1168 Enrolled -6- LRB9106162NTcd 1 sufficient training is available in appropriate behavioral 2 interventions consistent with professionally accepted 3 practices and standards for people entering the field of 4 education. 5 (Source: P.A. 89-191, eff. 7-21-95; 90-63, eff. 7-3-97.) 6 (105 ILCS 5/34-18.18 new) 7 Sec. 34-18.18. Time out and physical restraint. Until 8 rules are adopted under Section 2-3.126 of this Code, the use 9 of any of the following rooms or enclosures for time out 10 purposes is prohibited: 11 (1) a locked room other than one with a locking 12 mechanism that engages only when a key or handle is being 13 held by a person; 14 (2) a confining space such as a closet or box; 15 (3) a room where the student cannot be continually 16 observed; or 17 (4) any other room or enclosure or time out 18 procedure that is contrary to current guidelines of the 19 State Board of Education. 20 The use of physical restraints is prohibited except when 21 (i) the student poses a physical risk to himself, herself, or 22 others, (ii) there is no medical contraindication to its use, 23 and (iii) the staff applying the restraint have been trained 24 in its safe application. For the purposes of this Section, 25 "restraint" does not include momentary periods of physical 26 restriction by direct person-to-person contact, without the 27 aid of material or mechanical devices, accomplished with 28 limited force and that are designed (i) to prevent a student 29 from completing an act that would result in potential 30 physical harm to himself, herself, or another or damage to 31 property or (ii) to remove a disruptive student who is 32 unwilling to voluntarily leave the area. The use of physical 33 restraints that meet the requirements of this Section may be SB1168 Enrolled -7- LRB9106162NTcd 1 included in a student's individualized education plan where 2 deemed appropriate by the student's individualized education 3 plan team. Whenever physical restraints are used, school 4 personnel shall fully document the incident, including the 5 events leading up to the incident, the type of restraint 6 used, the length of time the student is restrained, and the 7 staff involved. The parents or guardian of a student shall 8 be informed whenever physical restraints are used. 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.