State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0600

SB1168 Enrolled                                LRB9106162NTcd

    AN ACT to  amend  the  School  Code  by  adding  Sections
2-3.126, 10-20.31, and 34-18.18 and 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 adding Sections
2-3.126, 10-20.31, and 34-18.18 and changing Section  14-8.05
as follows:

    (105 ILCS 5/2-3.126 new)
    Sec. 2-3.126.  Time out and physical restraint rules. The
State Board of Education shall promulgate rules governing the
use of time out and physical restraint in the public schools.
The  rules  shall  include provisions governing recordkeeping
that is required when physical restraint or more  restrictive
forms of time out are used.

    (105 ILCS 5/10-20.31 new)
    Sec.  10-20.31.  Time  out and physical restraint.  Until
rules are adopted under Section 2-3.126 of this Code, the use
of any of the following rooms  or  enclosures  for  time  out
purposes is prohibited:
         (1)  a  locked  room  other  than one with a locking
    mechanism that engages only when a key or handle is being
    held by a person;
         (2)  a confining space such as a closet or box;
         (3)  a room where the student cannot be  continually
    observed; or
         (4)  any   other  room  or  enclosure  or  time  out
    procedure that is contrary to current guidelines  of  the
    State Board of Education.
    The  use of physical restraints is prohibited except when
(i) the student poses a physical risk to himself, herself, or
others, (ii) there is no medical contraindication to its use,
and (iii) the staff applying the restraint have been  trained
in  its  safe application.  For the purposes of this Section,
"restraint" does not include momentary  periods  of  physical
restriction  by  direct person-to-person contact, without the
aid of material  or  mechanical  devices,  accomplished  with
limited  force and that are designed (i) to prevent a student
from  completing  an  act  that  would  result  in  potential
physical harm to himself, herself, or another  or  damage  to
property  or  (ii)  to  remove  a  disruptive  student who is
unwilling to voluntarily leave the area.  The use of physical
restraints that meet the requirements of this Section may  be
included  in  a student's individualized education plan where
deemed appropriate by the student's individualized  education
plan  team.  Whenever  physical  restraints  are used, school
personnel shall fully document the  incident,  including  the
events  leading  up  to  the  incident, the type of restraint
used, the length of time the student is restrained,  and  the
staff  involved.   The parents or guardian of a student shall
be informed whenever physical restraints are used.

    (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,  shall  be  amended as necessary to comply with the
rules established by  the  State  Board  of  Education  under
Section  2-3.126  of this Code not later than one month after
commencement of the school year  after  the  State  Board  of
Education's  rules  are  adopted, 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  (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; 90-63, eff. 7-3-97.)

    (105 ILCS 5/34-18.18 new)
    Sec.  34-18.18.  Time  out and physical restraint.  Until
rules are adopted under Section 2-3.126 of this Code, the use
of any of the following rooms  or  enclosures  for  time  out
purposes is prohibited:
         (1)  a  locked  room  other  than one with a locking
    mechanism that engages only when a key or handle is being
    held by a person;
         (2)  a confining space such as a closet or box;
         (3)  a room where the student cannot be  continually
    observed; or
         (4)  any   other  room  or  enclosure  or  time  out
    procedure that is contrary to current guidelines  of  the
    State Board of Education.
    The  use of physical restraints is prohibited except when
(i) the student poses a physical risk to himself, herself, or
others, (ii) there is no medical contraindication to its use,
and (iii) the staff applying the restraint have been  trained
in  its  safe application.  For the purposes of this Section,
"restraint" does not include momentary  periods  of  physical
restriction  by  direct person-to-person contact, without the
aid of material  or  mechanical  devices,  accomplished  with
limited  force and that are designed (i) to prevent a student
from  completing  an  act  that  would  result  in  potential
physical harm to himself, herself, or another  or  damage  to
property  or  (ii)  to  remove  a  disruptive  student who is
unwilling to voluntarily leave the area.  The use of physical
restraints that meet the requirements of this Section may  be
included  in  a student's individualized education plan where
deemed appropriate by the student's individualized  education
plan  team.  Whenever  physical  restraints  are used, school
personnel shall fully document the  incident,  including  the
events  leading  up  to  the  incident, the type of restraint
used, the length of time the student is restrained,  and  the
staff  involved.   The parents or guardian of a student shall
be informed whenever physical restraints are used.

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

[ Top ]