Full Text of HB3975 101st General Assembly
HB3975ham001 101ST GENERAL ASSEMBLY | Rep. Jonathan Carroll Filed: 2/11/2020
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| 1 | | AMENDMENT TO HOUSE BILL 3975
| 2 | | AMENDMENT NO. ______. Amend House Bill 3975 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 2-3.130, 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
| 8 | | State Board of Education shall promulgate rules governing the | 9 | | use of time out
and physical restraint in the public schools. | 10 | | The rules shall include
provisions prohibiting seclusion as | 11 | | provided under Sections 10-20.33 and 34-18.20 and governing | 12 | | recordkeeping that is required when physical restraint or
more | 13 | | restrictive 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 | 3 | | and respect all students, including students with disabilities | 4 | | who receive special education services under Article 14, and | 5 | | that a student, including a student with a disability who | 6 | | receives special education services under Article 14, may not | 7 | | be confined in an enclosed space, including, but not limited | 8 | | to, a box, a closet, a room, or any other locked or unlocked | 9 | | space, regardless of whether the space was specially designated | 10 | | or utilized as either a discipline management practice or a | 11 | | behavior management technique. | 12 | | In this subsection (a), "seclusion" means a discipline | 13 | | management practice or behavior management technique in which a | 14 | | student is confined in an enclosed space that is designed | 15 | | solely to seclude a person, regardless of space or dimension, | 16 | | whether it is a box, a closet, a room, or any other specially | 17 | | designated locked or unlocked space. | 18 | | A school district employee or volunteer or an independent | 19 | | contractor of a school district, including, but not limited to, | 20 | | any agent acting on behalf or at the direction of a school | 21 | | district employee or volunteer or independent contractor of a | 22 | | school district, may not place a student in seclusion. This | 23 | | subsection (a) does not apply to the use of seclusion in a | 24 | | court-ordered placement, other than a placement in an | 25 | | educational program of a school district, or in a placement or | 26 | | facility to which other laws or rules apply. Until
rules are |
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| 1 | | adopted under Section 2-3.130 of this Code, the use
of any of | 2 | | the following rooms or enclosures for time out purposes is
| 3 | | prohibited :
| 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 | 14 | | provided by rules adopted under Section 2-3.130 of this Code. | 15 | | The rules shall include provisions requiring that whenever when | 16 | | (i) the student
poses a physical risk to himself, herself, or | 17 | | others, (ii) there is no medical
contraindication to its use, | 18 | | and (iii) the staff applying the restraint have
been trained in | 19 | | its safe application. For the purposes of this Section,
| 20 | | "restraint" does not include momentary periods of physical | 21 | | restriction by
direct person-to-person contact, without the | 22 | | aid of material or mechanical
devices, accomplished with | 23 | | limited force and that are designed (i) to prevent a
student | 24 | | from completing an act that would result in potential physical | 25 | | harm 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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| 1 | | voluntarily leave the area. The use of
physical restraints that | 2 | | meet the requirements of this Section may be included
in a | 3 | | student's individualized education plan where deemed | 4 | | appropriate by the
student's individualized education plan | 5 | | team. Whenever physical restraints are
used, school personnel | 6 | | shall fully document the incident, including the events
leading | 7 | | up to the incident, the type of restraint used, the length of | 8 | | time the
student is restrained, and the staff involved. The | 9 | | parents or guardian of
a student shall be informed whenever | 10 | | physical 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 | 15 | | and respect all students, including students with disabilities | 16 | | who receive special education services under Article 14, and | 17 | | that a student, including a student with a disability who | 18 | | receives special education services under Article 14, may not | 19 | | be confined in an enclosed space, including, but not limited | 20 | | to, a box, a closet, a room, or any other locked or unlocked | 21 | | space, regardless of whether the space was specially designated | 22 | | or utilized as either a discipline management practice or a | 23 | | behavior management technique. | 24 | | In this subsection (a), "seclusion" means a discipline | 25 | | management practice or behavior management technique in which a |
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| 1 | | student is confined in an enclosed space that is designed | 2 | | solely to seclude a person, regardless of space or dimension, | 3 | | whether it is a box, a closet, a room, or any other specially | 4 | | designated locked or unlocked space. | 5 | | A school district employee or volunteer or an independent | 6 | | contractor of the school district, including, but not limited | 7 | | to, any agent acting on behalf or at the direction of a school | 8 | | district employee or volunteer or independent contractor of the | 9 | | school district, may not place a student in seclusion. This | 10 | | subsection (a) does not apply to the use of seclusion in a | 11 | | court-ordered placement, other than a placement in an | 12 | | educational program of the school district, or in a placement | 13 | | or facility to which other laws or rules apply. Until
rules are | 14 | | adopted under Section 2-3.130 of this Code, the use
of any of | 15 | | the following rooms or enclosures for time out purposes is
| 16 | | prohibited:
| 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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| 1 | | provided by rules adopted under Section 2-3.130 of this Code. | 2 | | The rules shall include provisions requiring that whenever when | 3 | | (i) the student
poses a physical risk to himself, herself, or | 4 | | others, (ii) there is no medical
contraindication to its use, | 5 | | and (iii) the staff applying the restraint have
been trained in | 6 | | its safe application. For the purposes of this Section,
| 7 | | "restraint" does not include momentary periods of physical | 8 | | restriction by
direct person-to-person contact, without the | 9 | | aid of material or mechanical
devices, accomplished with | 10 | | limited force and that are designed (i) to prevent a
student | 11 | | from completing an act that would result in potential physical | 12 | | harm to
himself, herself, or another or damage to property or | 13 | | (ii) to remove a
disruptive student who is unwilling to | 14 | | voluntarily leave the area. The use of
physical restraints that | 15 | | meet the requirements of this Section may be included
in a | 16 | | student's individualized education plan where deemed | 17 | | appropriate by the
student's individualized education plan | 18 | | team. Whenever physical restraints are
used, school personnel | 19 | | shall fully document the incident, including the events
leading | 20 | | up to the incident, the type of restraint used, the length of | 21 | | time the
student is restrained, and the staff involved. The | 22 | | parents or
guardian of a student shall be informed whenever | 23 | | physical 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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| 1 | | becoming law.".
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