Rep. Jonathan Carroll

Filed: 2/11/2020

 

 


 

 


 
10100HB3975ham001LRB101 15600 CMG 67252 a

1
AMENDMENT TO HOUSE BILL 3975

2    AMENDMENT NO. ______. Amend House Bill 3975 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
52-3.130, 10-20.33, and 34-18.20 as follows:
 
6    (105 ILCS 5/2-3.130)
7    Sec. 2-3.130. Time out and physical restraint rules. The
8State Board of Education shall promulgate rules governing the
9use of time out and physical restraint in the public schools.
10The rules shall include provisions prohibiting seclusion as
11provided under Sections 10-20.33 and 34-18.20 and governing
12recordkeeping that is required when physical restraint or more
13restrictive forms of time out are used.
14(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
 
15    (105 ILCS 5/10-20.33)

 

 

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1    Sec. 10-20.33. Seclusion Time out and physical restraint.
2    (a) It is the policy of this State to treat with dignity
3and respect all students, including students with disabilities
4who receive special education services under Article 14, and
5that a student, including a student with a disability who
6receives special education services under Article 14, may not
7be confined in an enclosed space, including, but not limited
8to, a box, a closet, a room, or any other locked or unlocked
9space, regardless of whether the space was specially designated
10or utilized as either a discipline management practice or a
11behavior management technique.
12    In this subsection (a), "seclusion" means a discipline
13management practice or behavior management technique in which a
14student is confined in an enclosed space that is designed
15solely to seclude a person, regardless of space or dimension,
16whether it is a box, a closet, a room, or any other specially
17designated locked or unlocked space.
18    A school district employee or volunteer or an independent
19contractor of a school district, including, but not limited to,
20any agent acting on behalf or at the direction of a school
21district employee or volunteer or independent contractor of a
22school district, may not place a student in seclusion. This
23subsection (a) does not apply to the use of seclusion in a
24court-ordered placement, other than a placement in an
25educational program of a school district, or in a placement or
26facility to which other laws or rules apply. Until rules are

 

 

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1adopted under Section 2-3.130 of this Code, the use of any of
2the following rooms or enclosures for time out purposes is
3prohibited:
4        (1) a locked room other than one with a locking
5    mechanism that engages only when a key or handle is being
6    held by a person;
7        (2) a confining space such as a closet or box;
8        (3) a room where the student cannot be continually
9    observed; or
10        (4) any other room or enclosure or time out procedure
11    that is contrary to current guidelines of the State Board
12    of Education.
13    (b) The use of physical restraints is prohibited except as
14provided by rules adopted under Section 2-3.130 of this Code.
15The rules shall include provisions requiring that whenever when
16(i) the student poses a physical risk to himself, herself, or
17others, (ii) there is no medical contraindication to its use,
18and (iii) the staff applying the restraint have been trained in
19its safe application. For the purposes of this Section,
20"restraint" does not include momentary periods of physical
21restriction by direct person-to-person contact, without the
22aid of material or mechanical devices, accomplished with
23limited force and that are designed (i) to prevent a student
24from completing an act that would result in potential physical
25harm to himself, herself, or another or damage to property or
26(ii) to remove a disruptive student who is unwilling to

 

 

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1voluntarily leave the area. The use of physical restraints that
2meet the requirements of this Section may be included in a
3student's individualized education plan where deemed
4appropriate by the student's individualized education plan
5team. Whenever physical restraints are used, school personnel
6shall fully document the incident, including the events leading
7up to the incident, the type of restraint used, the length of
8time the student is restrained, and the staff involved. The
9parents or guardian of a student shall be informed whenever
10physical restraints are used.
11(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
 
12    (105 ILCS 5/34-18.20)
13    Sec. 34-18.20. Seclusion Time out and physical restraint.
14    (a) It is the policy of this State to treat with dignity
15and respect all students, including students with disabilities
16who receive special education services under Article 14, and
17that a student, including a student with a disability who
18receives special education services under Article 14, may not
19be confined in an enclosed space, including, but not limited
20to, a box, a closet, a room, or any other locked or unlocked
21space, regardless of whether the space was specially designated
22or utilized as either a discipline management practice or a
23behavior management technique.
24    In this subsection (a), "seclusion" means a discipline
25management practice or behavior management technique in which a

 

 

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1student is confined in an enclosed space that is designed
2solely to seclude a person, regardless of space or dimension,
3whether it is a box, a closet, a room, or any other specially
4designated locked or unlocked space.
5    A school district employee or volunteer or an independent
6contractor of the school district, including, but not limited
7to, any agent acting on behalf or at the direction of a school
8district employee or volunteer or independent contractor of the
9school district, may not place a student in seclusion. This
10subsection (a) does not apply to the use of seclusion in a
11court-ordered placement, other than a placement in an
12educational program of the school district, or in a placement
13or facility to which other laws or rules apply. Until rules are
14adopted under Section 2-3.130 of this Code, the use of any of
15the following rooms or enclosures for time out purposes is
16prohibited:
17        (1) a locked room other than one with a locking
18    mechanism that engages only when a key or handle is being
19    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 guidelines of the State Board
25    of Education.
26    (b) The use of physical restraints is prohibited except as

 

 

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1provided by rules adopted under Section 2-3.130 of this Code.
2The rules shall include provisions requiring that whenever when
3(i) the student poses a physical risk to himself, herself, or
4others, (ii) there is no medical contraindication to its use,
5and (iii) the staff applying the restraint have been trained in
6its safe application. For the purposes of this Section,
7"restraint" does not include momentary periods of physical
8restriction by direct person-to-person contact, without the
9aid of material or mechanical devices, accomplished with
10limited force and that are designed (i) to prevent a student
11from completing an act that would result in potential physical
12harm to himself, herself, or another or damage to property or
13(ii) to remove a disruptive student who is unwilling to
14voluntarily leave the area. The use of physical restraints that
15meet the requirements of this Section may be included in a
16student's individualized education plan where deemed
17appropriate by the student's individualized education plan
18team. Whenever physical restraints are used, school personnel
19shall fully document the incident, including the events leading
20up to the incident, the type of restraint used, the length of
21time the student is restrained, and the staff involved. The
22parents or guardian of a student shall be informed whenever
23physical restraints are used.
24(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
 
25    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.".