State of Illinois
91st General Assembly
Legislation

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[ House Amendment 001 ]

91_SB1168sam001

 










                                           LRB9106162NTsbam01

 1                    AMENDMENT TO SENATE BILL 1168

 2        AMENDMENT NO.     .  Amend Senate Bill 1168 by  replacing
 3    the title with the following:
 4        "AN  ACT  to  amend  the  School  Code by adding Sections
 5    2-3.126, 10-20.31, and 34-18.18."; and

 6    by replacing everything after the enacting  clause  with  the
 7    following:

 8        "Section  5.   The  School  Code  is  amended  by  adding
 9    Sections 2-3.126, 10-20.31, and 34-18.18 as follows:

10        (105 ILCS 5/2-3.126 new)
11        Sec.  2-3.126.  Behavioral intervention rules.  The State
12    Board of Education shall promulgate rules governing the forms
13    of behavioral interventions in use at some schools around the
14    State and the serious safety issues that they raise.

15        (105 ILCS 5/10-20.31 new)
16        Sec. 10-20.31.  Behavior intervention.  Pending  adoption
17    of  rules  under Section 2-3.126 of this Code, a school board
18    shall  prohibit  the  use  of  adversive  forms  of  behavior
19    interventions that are contrary to current guidelines of  the
20    State  Board  of  Education,  including  any locked room, any
 
                            -2-            LRB9106162NTsbam01
 1    confining space such as a closet or box, or  any  room  where
 2    the  student  cannot be continually observed that is contrary
 3    to current guidelines of the State  Board  of  Education.   A
 4    school  board  shall  prohibit the use of physical restraints
 5    except when the student poses an immediate, serious  physical
 6    risk  to  himself,  herself,  or  others, there is no medical
 7    counterindication to its use,  and  the  staff  applying  the
 8    restraint  have  been  trained  in  its safe application.  In
 9    these instances, the school board shall require the school to
10    fully document the incident, including the events leading  up
11    to the incident, the type of restraint used and the length of
12    time,  and  the staff involved.  A school board shall require
13    that the  parents  or  guardian  of  a  student  be  informed
14    whenever physical restraints are used.

15        (105 ILCS 5/34-18.18 new)
16        Sec.  34-18.18.  Behavior intervention.  Pending adoption
17    of rules under Section 2-3.126 of this Code, the Board  shall
18    prohibit the use of adversive forms of behavior interventions
19    that are contrary to current guidelines of the State Board of
20    Education,  including  any  locked  room, any confining space
21    such as a closet or box, or any room where the student cannot
22    be  continually  observed  that  is   contrary   to   current
23    guidelines  of the State Board of Education.  The board shall
24    prohibit the use  of  physical  restraints  except  when  the
25    student poses an immediate, serious physical risk to himself,
26    herself,  or others, there is no medical counterindication to
27    its use, and the  staff  applying  the  restraint  have  been
28    trained  in  its  safe  application.  In these instances, the
29    Board  shall  require  the  school  to  fully  document   the
30    incident,  including  the  events leading up to the incident,
31    the type of restraint used and the length of  time,  and  the
32    staff  involved.  The Board shall require that the parents or
33    guardian  of  a  student  be   informed   whenever   physical
 
                            -3-            LRB9106162NTsbam01
 1    restraints are used.

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

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