Full Text of HB0219 102nd General Assembly
HB0219ham001 102ND GENERAL ASSEMBLY | Rep. Jonathan Carroll Filed: 3/16/2021
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| 1 | | AMENDMENT TO HOUSE BILL 219
| 2 | | AMENDMENT NO. ______. Amend House Bill 219 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing | 5 | | Sections 2-3.130, 10-20.33, and 34-18.20 as follows:
| 6 | | (105 ILCS 5/2-3.130)
| 7 | | Sec. 2-3.130. Isolated time out, time Time out , and | 8 | | physical restraint rules ; grant program; third-party | 9 | | assistance; goals and plans . | 10 | | (a) For purposes of this Section, "isolated time out", | 11 | | "physical restraint", and "time out" have the meanings given | 12 | | to those terms under Section 10-20.33. | 13 | | (b) The
State Board of Education shall promulgate rules | 14 | | governing the use of isolated time out, time out ,
and physical | 15 | | restraint in special education nonpublic facilities and the | 16 | | public schools. The rules shall include
provisions governing |
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| 1 | | the documentation and reporting recordkeeping that is required | 2 | | each time these interventions when physical restraint or
more | 3 | | restrictive forms of time out are used.
| 4 | | The rules adopted by the State Board shall
include a | 5 | | procedure by which a person who believes a violation of
| 6 | | Section 10-20.33 or 34-18.20 has occurred may file a | 7 | | complaint.
The rules adopted by the State Board shall include | 8 | | training requirements that must be included in training | 9 | | programs used to train and certify school personnel. | 10 | | The State Board shall establish procedures for progressive | 11 | | enforcement
actions to ensure that schools fully comply with | 12 | | the
documentation and reporting requirements for isolated time | 13 | | out, time out, and physical
restraint established by rule, | 14 | | which shall include meaningful and
appropriate sanctions for | 15 | | the failure to comply, including the failure to
report to the | 16 | | parent or guardian and to the State Board, the failure
to | 17 | | timely report, and the failure to provide detailed | 18 | | documentation. | 19 | | (c) Subject to appropriation, the State Board must create | 20 | | a
grant program for school districts and special education
| 21 | | cooperatives
and charter schools approved by the State Board | 22 | | to implement school-wide,
culturally sensitive, and | 23 | | trauma-informed practices, positive
behavioral interventions | 24 | | and supports, and restorative practices
within a multi-tiered | 25 | | system of support aimed at reducing the
need for | 26 | | interventions, such as isolated time out, time out, and |
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| 1 | | physical restraint. | 2 | | (d) Subject to the Illinois Procurement Code, the Illinois | 3 | | School Student Records Act, the Mental Health and | 4 | | Developmental Disabilities Confidentiality Act, and the | 5 | | federal Family Educational Rights and Privacy Act of 1974, the | 6 | | State Board may contract with a third party to provide
| 7 | | assistance with the oversight and monitoring of the use of | 8 | | isolated time
out, time out, and physical restraint by school | 9 | | districts. | 10 | | (e) The State Board shall establish goals within 90 days | 11 | | after the effective date of this amendatory Act of the 102nd | 12 | | General Assembly, with
specific benchmarks, for schools to | 13 | | accomplish the systemic reduction
of isolated time out, time | 14 | | out, and physical restraint within 3 years after the effective | 15 | | date of this amendatory Act of the 102nd General Assembly.
The | 16 | | State Board shall engage in meaningful consultation with | 17 | | stakeholders to establish the goals, including in the review | 18 | | and evaluation of the data submitted. Each school board shall | 19 | | create a time out and physical restraint oversight team that | 20 | | includes, but is not limited to, teachers, paraprofessionals, | 21 | | school service personnel, and administrators to develop (i) a | 22 | | school-specific plan for reducing and eventually eliminating | 23 | | the use
of isolated time out, time out, and physical restraint | 24 | | in accordance with the goals and benchmarks established by the | 25 | | State Board and (ii) procedures to implement the plan | 26 | | developed by the team. |
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| 1 | | The progress toward the reduction and eventual elimination | 2 | | of the use of isolated time out and physical restraint shall be | 3 | | measured by the reduction in the overall number of incidents | 4 | | of those interventions and the total number of students | 5 | | subjected to those interventions. In limited cases, upon | 6 | | written application made by a school district and approved by | 7 | | the State Board based on criteria developed by the State Board | 8 | | to show good cause, the reduction in the use of those | 9 | | interventions may be measured by the frequency of the use of | 10 | | those interventions on individual students and the student | 11 | | population as a whole. The State Board shall specify a date for | 12 | | submission of the plans. School districts shall submit a | 13 | | report once each year for 3 years after the effective date of | 14 | | this amendatory Act of the 102nd General Assembly to the State | 15 | | Board on the progress made toward achieving the goals and | 16 | | benchmarks established by the State Board and modify their | 17 | | plans as necessary to satisfy those goals and benchmarks. | 18 | | School districts shall notify parents and guardians that the | 19 | | plans and reports are available for review. On or before June | 20 | | 30, 2023, the State Board shall issue a report to the General | 21 | | Assembly on the progress made by schools to achieve those | 22 | | goals and benchmarks. The required plans shall include, but | 23 | | not be limited to, the specific actions that are to be taken
| 24 | | to: | 25 | | (1) reduce and eventually eliminate a reliance on | 26 | | isolated time out, time out, and physical restraint for |
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| 1 | | behavioral interventions and develop noncoercive | 2 | | environments; | 3 | | (2) develop individualized student plans that are | 4 | | oriented toward prevention of the use of isolated time | 5 | | out, time out, and physical restraint with the intent that | 6 | | a plan be separate and apart from a student's | 7 | | individualized education program or a student's
plan
for | 8 | | services under Section 504 of the federal Rehabilitation | 9 | | Act of 1973; | 10 | | (3) ensure that appropriate school personnel are fully | 11 | | informed of the student's history, including any history | 12 | | of physical or sexual abuse, and other relevant medical | 13 | | and mental health information, except that any disclosure | 14 | | of student information must be consistent with federal and | 15 | | State laws and rules governing student confidentiality and | 16 | | privacy rights; and | 17 | | (4) support a vision for cultural change that | 18 | | reinforces the following: | 19 | | (A) positive behavioral interventions and support | 20 | | rather than isolated time out, time out, and physical | 21 | | restraint; | 22 | | (B) effective ways to de-escalate situations to | 23 | | avoid isolated time out, time out, and physical | 24 | | restraint; | 25 | | (C) crisis intervention techniques that use | 26 | | alternatives to isolated time out, time out, and |
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| 1 | | physical restraint; and | 2 | | (D) use of debriefing meetings to reassess what | 3 | | occurred and why it occurred and to think through ways | 4 | | to prevent use of the intervention the next time. | 5 | | (f) A school is exempt from the requirement to submit a | 6 | | plan and the annual reports under subsection (e) if the school | 7 | | is able to demonstrate to the satisfaction of the State Board | 8 | | that (i) within the previous 3 years, the school district has | 9 | | never engaged in the use of isolated time out, time out, or | 10 | | physical restraint and (ii) the school has adopted a written | 11 | | policy that prohibits the use isolated time out, time out, and | 12 | | physical restraint on a student and is able to demonstrate the | 13 | | enforcement of that policy. | 14 | | (g) The State Board shall establish a system of ongoing | 15 | | review,
auditing, and monitoring to ensure that schools comply | 16 | | with the
documentation and reporting requirements and meet the | 17 | | State Board's established goals
and benchmarks for reducing | 18 | | and eventually eliminating the use of isolated time out, time | 19 | | out, and
physical restraint. | 20 | | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
| 21 | | (105 ILCS 5/10-20.33)
| 22 | | Sec. 10-20.33. Time out , isolated time out, and physical | 23 | | restraint , and necessities; limitations and prohibitions . | 24 | | (a) The General Assembly finds and declares that the use | 25 | | of isolated time
out, time out, and physical restraint on |
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| 1 | | children and youth carries risks to the health and safety of | 2 | | students and staff; therefore, the ultimate
goal is to reduce | 3 | | and eventually eliminate the use of those interventions. The | 4 | | General Assembly also finds and declares that the State Board | 5 | | of Education
must take affirmative action to lead and support | 6 | | schools in
transforming the school culture to reduce and | 7 | | eliminate the use of all
such interventions over time. | 8 | | (b) In this Section: | 9 | | "Chemical restraint" means the use of medication to | 10 | | control a student's behavior or to restrict a student's | 11 | | freedom of movement. "Chemical restraint" does not include | 12 | | medication that is legally prescribed and administered as part | 13 | | of a student's regular medical regimen to manage behavioral | 14 | | symptoms and treat medical symptoms. | 15 | | "Isolated time out" means the involuntary confinement of a | 16 | | student alone in a time out room or other enclosure outside of | 17 | | the classroom without a supervising adult in the time out room | 18 | | or enclosure. | 19 | | "Isolated time out" or "time out" does not include a | 20 | | student-initiated or student-requested break, a | 21 | | student-initiated sensory break or a teacher-initiated sensory | 22 | | break that may include a sensory room containing sensory tools | 23 | | to assist a student to calm and de-escalate, an in-school | 24 | | suspension or detention, or any other appropriate disciplinary | 25 | | measure, including the student's brief removal to the hallway | 26 | | or similar environment. |
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| 1 | | "Mechanical restraint" means the use of any device or | 2 | | equipment to limit a student's movement or to hold a student | 3 | | immobile. "Mechanical restraint" does not include any | 4 | | restraint used to (i) treat a student's medical needs; (ii) | 5 | | protect a student who is known to be at risk of injury | 6 | | resulting from a lack of coordination or frequent loss of | 7 | | consciousness; (iii) position a student with physical | 8 | | disabilities in a manner specified in the student's | 9 | | individualized education program, federal Section 504 plan, or | 10 | | other plan of care; (iv) provide a supplementary aid, service, | 11 | | or accommodation, including, but not limited to, assistive | 12 | | technology that provides proprioceptive input or aids in | 13 | | self-regulation; or (v) promote student safety in vehicles | 14 | | used to transport students. | 15 | | "Physical restraint" or "restraint" means holding a | 16 | | student or otherwise restricting a student's movements. | 17 | | "Physical restraint" or "restraint" does not include momentary | 18 | | periods of physical restriction by direct person to person | 19 | | contact, without the aid of material or mechanical devices, | 20 | | that are accomplished with limited force and that are designed | 21 | | to prevent a student from completing an act that would result | 22 | | in potential physical harm to himself, herself, or another or | 23 | | damage to property. | 24 | | "Prone physical restraint" means a physical restraint in | 25 | | which a student is held face down on the floor or other surface | 26 | | and physical pressure is applied to the student's body to keep |
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| 1 | | the student in the prone position. | 2 | | "Time out" means a behavior management technique for the | 3 | | purpose of calming or de-escalation that involves the | 4 | | involuntary monitored separation of a student from classmates | 5 | | with a trained adult for part of the school day, only for a | 6 | | brief time, in a nonlocked setting. | 7 | | (c) Isolated time out, time out, and physical restraint, | 8 | | other than prone physical restraint, may be used only if (i) | 9 | | the student's behavior presents an imminent danger of serious | 10 | | physical harm to the student or to others; (ii) other less | 11 | | restrictive and intrusive measures have been tried and have | 12 | | proven to be ineffective in stopping the imminent danger of | 13 | | serious physical harm; (iii) there is no known medical | 14 | | contraindication to its use on the student; and (iv) the | 15 | | school staff member or members applying the use of time out, | 16 | | isolated time out, or physical restraint on a student have | 17 | | been trained in its safe application, as established by rule | 18 | | by the State Board of Education. Isolated time out is allowed | 19 | | only under limited circumstances as set forth in this Section. | 20 | | If all other requirements under this Section are met, isolated | 21 | | time out may be used only if the adult in the time out room or | 22 | | enclosure is in imminent danger of serious physical harm | 23 | | because the student is unable to cease actively engaging in | 24 | | extreme physical aggression. | 25 | | Mechanical restraint and chemical restraint are | 26 | | prohibited. Prone restraint is prohibited except in special |
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| 1 | | education nonpublic facilities if all of the following | 2 | | conditions are satisfied: | 3 | | (1) The student's Behavior Intervention Plan | 4 | | specifically allows for prone restraint of the student. | 5 | | (2) The Behavior Intervention Plan was put into place | 6 | | before January 1, 2021. | 7 | | (3) The student's Behavior Intervention Plan has been | 8 | | approved by the IEP team. | 9 | | (4) The school staff member or staff members applying | 10 | | the use of prone restraint on a student have been trained | 11 | | in its safe application as established by rule by the | 12 | | State Board of Education. | 13 | | (5) The special education nonpublic facility must be | 14 | | able to document and demonstrate to the IEP team that the | 15 | | use of other de-escalation techniques provided for in the | 16 | | student's Behavior Intervention Plan were ineffective. | 17 | | (6) The use of prone restraint occurs within the | 18 | | calendar years of 2021 and 2022. | 19 | | All instances of the utilization of prone restraint | 20 | | must be reported in accordance with the provisions of this | 21 | | Amendatory Act of the 102nd General Assembly. Nothing in | 22 | | this Section shall prohibit the State Board of Education | 23 | | from adopting administrative rules that further restrict | 24 | | or disqualify the use of prone restraint. | 25 | | (d) The Until
rules are adopted under Section 2-3.130 of | 26 | | this Code, the use
of any of the following rooms or enclosures |
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| 1 | | for an isolated time out or time out purposes is
prohibited:
| 2 | | (1) a locked room or a room in which the door is | 3 | | obstructed, prohibiting it from opening other than one | 4 | | with a locking mechanism that engages
only when a key or | 5 | | handle is being held by a person ;
| 6 | | (2) a confining space such as a closet or box;
| 7 | | (3) a room where the student cannot be continually | 8 | | observed; or
| 9 | | (4) any other room or enclosure or time out procedure | 10 | | that is contrary to
current rules adopted by guidelines of | 11 | | the State Board of Education.
| 12 | | (e) The deprivation of necessities needed to sustain the | 13 | | health of a person, including, without limitation, the denial | 14 | | or unreasonable delay in the provision of the following, is | 15 | | prohibited: | 16 | | (1) food or liquid at a time when it is customarily | 17 | | served; | 18 | | (2) medication; or | 19 | | (3) the use of a restroom. | 20 | | (f) (Blank). The use of physical restraints is prohibited | 21 | | except when (i) the student
poses a physical risk to himself, | 22 | | herself, or others, (ii) there is no medical
contraindication | 23 | | to its use, and (iii) the staff applying the restraint have
| 24 | | been trained in its safe application. For the purposes of this | 25 | | Section,
"restraint" does not include momentary periods of | 26 | | physical restriction by
direct person-to-person contact, |
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| 1 | | without the aid of material or mechanical
devices, | 2 | | accomplished with limited force and that are designed (i) to | 3 | | prevent a
student from completing an act that would result in | 4 | | potential physical harm to
himself, herself, or another or | 5 | | damage to property or (ii) to remove a
disruptive student who | 6 | | is unwilling to voluntarily leave the area. The use of
| 7 | | physical restraints that meet the requirements of this Section | 8 | | may be included
in a student's individualized education plan | 9 | | where deemed appropriate by the
student's individualized | 10 | | education plan team. | 11 | | (g) Following each incident of isolated time out, time | 12 | | out, or physical restraint, but no later than 2 school days | 13 | | after the incident, the principal or another designated | 14 | | administrator shall notify the student's parent or guardian | 15 | | that he or she may request a meeting with appropriate school | 16 | | personnel to discuss the incident. This meeting shall be held | 17 | | separate and apart from meetings held in accordance with the | 18 | | student's individualized education program or from meetings | 19 | | held in accordance with the student's plan for services under | 20 | | Section 504 of the federal Rehabilitation Act of 1973. If a | 21 | | parent or guardian requests a meeting, the meeting shall be | 22 | | convened within 2 school days after the request, provided that | 23 | | the 2-school day limitation shall be extended if requested by | 24 | | the parent or guardian. The parent or guardian may also | 25 | | request that the meeting be convened via telephone or video | 26 | | conference. |
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| 1 | | The meeting shall include the student, if appropriate, at | 2 | | least one school staff member involved in the incident of | 3 | | isolated time out, time out, or physical restraint, the | 4 | | student's parent or guardian, and at least one appropriate | 5 | | school staff member not involved in the incident of isolated | 6 | | time out, time out, or physical restraint, such as a social | 7 | | worker, psychologist, nurse, or behavioral specialist. During | 8 | | the meeting, the school staff member or members involved in | 9 | | the incident of isolated time out, time out, or physical | 10 | | restraint, the student, and the student's parent or guardian, | 11 | | if applicable, shall be provided an opportunity to describe | 12 | | (i) the events that occurred prior to the incident of isolated | 13 | | time out, time out, or physical restraint and any actions that | 14 | | were taken by school personnel or the student leading up to the | 15 | | incident; (ii) the incident of isolated time out, time out, or | 16 | | physical restraint; and (iii) the events that occurred or the | 17 | | actions that were taken following the incident of isolated | 18 | | time out, time out, or physical restraint and whether the | 19 | | student returned to regular school activities and, if not, how | 20 | | the student spent the remainder of the school day. All parties | 21 | | present at the meeting shall have the opportunity to discuss | 22 | | what school personnel could have done differently to avoid the | 23 | | incident of isolated time out, time out, or physical restraint | 24 | | and what alternative courses of action, if any, the school can | 25 | | take to support the student and to avoid the future use of | 26 | | isolated time out, time out, or physical restraint. At no |
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| 1 | | point may a student be excluded from school solely because a | 2 | | meeting has not occurred. | 3 | | A summary of the meeting and any agreements or conclusions | 4 | | reached during the meeting shall be documented in writing and | 5 | | shall become part of the student's school record. A copy of the | 6 | | documents shall be provided to the student's parent or | 7 | | guardian. If a parent or guardian does not request a meeting | 8 | | within 10 school days after the school has provided the | 9 | | documents to the parent or guardian or if a parent or guardian | 10 | | fails to attend a requested meeting, that fact shall be | 11 | | documented as part of the student's school record. | 12 | | (h) Whenever isolated time out, time out, or physical | 13 | | restraint is used physical restraints are
used , school | 14 | | personnel shall fully document and report to the State Board
| 15 | | of Education the incident, including the events
leading up to | 16 | | the incident, what alternative measures that are less
| 17 | | restrictive and intrusive were used prior to the use of | 18 | | isolated time out, time out, or
physical restraint, why those | 19 | | measures were ineffective or deemed inappropriate, the type of | 20 | | restraint , isolated time out, or time out that was used, the | 21 | | length of time the
student was in isolated time out or time out | 22 | | or was is restrained, and the staff involved. The parents or | 23 | | guardian of
a student and the State Superintendent of | 24 | | Education shall be informed whenever isolated time out, time | 25 | | out, or physical restraint is restraints are used.
| 26 | | Schools shall provide parents and guardians with the |
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| 1 | | following
information, to be developed by the State Board and | 2 | | which may be incorporated into the State Board's prescribed | 3 | | physical restraint and time out form at the discretion of the | 4 | | State Board, after each
incident in which isolated time out, | 5 | | time out, or physical restraint is used during
the school | 6 | | year, in printed form or, upon the written request of
the | 7 | | parent or guardian, by email: | 8 | | (1) a copy of the standards for when isolated time | 9 | | out, time out, and physical restraint can be used; | 10 | | (2) information about the rights of parents, | 11 | | guardians, and students; and | 12 | | (3) information about the parent's or guardian's right | 13 | | to file a complaint with the State Superintendent of | 14 | | Education, the complaint process, and other information to | 15 | | assist the parent or guardian in navigating the complaint | 16 | | process. | 17 | | (i) Any use of isolated time out, time out, or physical | 18 | | restraint that is permitted by a school board's policy shall | 19 | | be implemented in accordance with written procedures. | 20 | | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
| 21 | | (105 ILCS 5/34-18.20)
| 22 | | Sec. 34-18.20. Time out , isolated time out, and physical | 23 | | restraint , and necessities; limitations and prohibitions . | 24 | | (a) The General Assembly finds and declares that the use | 25 | | of isolated time
out, time out, and physical restraint on |
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| 1 | | children and youth carries risks to the health and safety of | 2 | | students and staff; therefore, the ultimate
goal is to reduce | 3 | | and eventually eliminate the use of those interventions. The | 4 | | General Assembly also finds and declares that the State Board | 5 | | of Education
must take affirmative action to lead and support | 6 | | schools in
transforming the school culture to reduce and | 7 | | eliminate the use of all
such interventions over time. | 8 | | (b) In this Section: | 9 | | "Chemical restraint" means the use of medication to | 10 | | control a student's behavior or to restrict a student's | 11 | | freedom of movement. "Chemical restraint" does not include | 12 | | medication that is legally prescribed and administered as part | 13 | | of a student's regular medical regimen to manage behavioral | 14 | | symptoms and treat medical symptoms. | 15 | | "Isolated time out" means the involuntary confinement of a | 16 | | student alone in a time out room or other enclosure outside of | 17 | | the classroom without a supervising adult in the time out room | 18 | | or enclosure. | 19 | | "Isolated time out" or "time out" does not include a | 20 | | student-initiated or student-requested break, a | 21 | | student-initiated sensory break or a teacher-initiated sensory | 22 | | break that may include a sensory room containing sensory tools | 23 | | to assist a student to calm and de-escalate, an in-school | 24 | | suspension or detention, or any other appropriate disciplinary | 25 | | measure, including the student's brief removal to the hallway | 26 | | or similar environment. |
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| 1 | | "Mechanical restraint" means the use of any device or | 2 | | equipment to limit a student's movement or to hold a student | 3 | | immobile. "Mechanical restraint" does not include any | 4 | | restraint used to (i) treat a student's medical needs; (ii) | 5 | | protect a student who is known to be at risk of injury | 6 | | resulting from a lack of coordination or frequent loss of | 7 | | consciousness; (iii) position a student with physical | 8 | | disabilities in a manner specified in the student's | 9 | | individualized education program, federal Section 504 plan, or | 10 | | other plan of care; (iv) provide a supplementary aid, service, | 11 | | or accommodation, including, but not limited to, assistive | 12 | | technology that provides proprioceptive input or aids in | 13 | | self-regulation; or (v) promote student safety in vehicles | 14 | | used to transport students. | 15 | | "Physical restraint" or "restraint" means holding a | 16 | | student or otherwise restricting a student's movements. | 17 | | "Physical restraint" or "restraint" does not include momentary | 18 | | periods of physical restriction by direct person to person | 19 | | contact, without the aid of material or mechanical devices, | 20 | | that are accomplished with limited force and that are designed | 21 | | to prevent a student from completing an act that would result | 22 | | in potential physical harm to himself, herself, or another or | 23 | | damage to property. | 24 | | "Prone physical restraint" means a physical restraint in | 25 | | which a student is held face down on the floor or other surface | 26 | | and physical pressure is applied to the student's body to keep |
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| 1 | | the student in the prone position. | 2 | | "Time out" means a behavior management technique for the | 3 | | purpose of calming or de-escalation that involves the | 4 | | involuntary monitored separation of a student from classmates | 5 | | with a trained adult for part of the school day, only for a | 6 | | brief time, in a nonlocked setting. | 7 | | (c) Isolated time out, time out, and physical restraint, | 8 | | other than prone physical restraint, may be used only if (i) | 9 | | the student's behavior presents an imminent danger of serious | 10 | | physical harm to the student or to others; (ii) other less | 11 | | restrictive and intrusive measures have been tried and have | 12 | | proven to be ineffective in stopping the imminent danger of | 13 | | serious physical harm; (iii) there is no known medical | 14 | | contraindication to its use on the student; and (iv) the | 15 | | school staff member or members applying the use of time out, | 16 | | isolated time out, or physical restraint on a student have | 17 | | been trained in its safe application, as established by rule | 18 | | by the State Board of Education. Isolated time out is allowed | 19 | | only under limited circumstances as set forth in this Section. | 20 | | If all other requirements under this Section are met, isolated | 21 | | time out may be used only if the adult in the time out room or | 22 | | enclosure is in imminent danger of serious physical harm | 23 | | because the student is unable to cease actively engaging in | 24 | | extreme physical aggression. | 25 | | Mechanical restraint and chemical restraint are | 26 | | prohibited. Prone restraint is prohibited except in special |
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| 1 | | education nonpublic facilities if all of the following | 2 | | conditions are satisfied: | 3 | | (1) The student's Behavior Intervention Plan | 4 | | specifically allows for prone restraint of the student. | 5 | | (2) The Behavior Intervention Plan was put into place | 6 | | before January 1, 2021. | 7 | | (3) The student's Behavior Intervention Plan has been | 8 | | approved by the IEP team. | 9 | | (4) The school staff member or staff members applying | 10 | | the use of prone restraint on a student have been trained | 11 | | in its safe application as established by rule by the | 12 | | State Board of Education. | 13 | | (5) The special education nonpublic facility must be | 14 | | able to document and demonstrate to the IEP team that the | 15 | | use of other de-escalation techniques provided for in the | 16 | | student's Behavior Intervention Plan were ineffective. | 17 | | (6) The use of prone restraint occurs within the | 18 | | calendar years of 2021 and 2022. | 19 | | All instances of the utilization of prone restraint | 20 | | must be reported in accordance with the provisions of this | 21 | | Amendatory Act of the 102nd General Assembly. Nothing in | 22 | | this Section shall prohibit the State Board of Education | 23 | | from adopting administrative rules that further restrict | 24 | | or disqualify the use of prone restraint. | 25 | | (d) The Until
rules are adopted under Section 2-3.130 of | 26 | | this Code, the use
of any of the following rooms or enclosures |
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| 1 | | for an isolated time out or time out purposes is
prohibited:
| 2 | | (1) a locked room or a room in which the door is | 3 | | obstructed, prohibiting it from opening other than one | 4 | | with a locking mechanism that engages
only when a key or | 5 | | handle is being held by a person ;
| 6 | | (2) a confining space such as a closet or box;
| 7 | | (3) a room where the student cannot be continually | 8 | | observed; or
| 9 | | (4) any other room or enclosure or time out procedure | 10 | | that is contrary to
current rules adopted by guidelines of | 11 | | the State Board of Education.
| 12 | | (e) The deprivation of necessities needed to sustain the | 13 | | health of a person, including, without limitation, the denial | 14 | | or unreasonable delay in the provision of the following, is | 15 | | prohibited: | 16 | | (1) food or liquid at a time when it is customarily | 17 | | served; | 18 | | (2) medication; or | 19 | | (3) the use of a restroom. | 20 | | (f) (Blank). The use of physical restraints is prohibited | 21 | | except when (i) the student
poses a physical risk to himself, | 22 | | herself, or others, (ii) there is no medical
contraindication | 23 | | to its use, and (iii) the staff applying the restraint have
| 24 | | been trained in its safe application. For the purposes of this | 25 | | Section,
"restraint" does not include momentary periods of | 26 | | physical restriction by
direct person-to-person contact, |
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| 1 | | without the aid of material or mechanical
devices, | 2 | | accomplished with limited force and that are designed (i) to | 3 | | prevent a
student from completing an act that would result in | 4 | | potential physical harm to
himself, herself, or another or | 5 | | damage to property or (ii) to remove a
disruptive student who | 6 | | is unwilling to voluntarily leave the area. The use of
| 7 | | physical restraints that meet the requirements of this Section | 8 | | may be included
in a student's individualized education plan | 9 | | where deemed appropriate by the
student's individualized | 10 | | education plan team. | 11 | | (g) Following each incident of isolated time out, time | 12 | | out, or physical restraint, but no later than 2 school days | 13 | | after the incident, the principal or another designated | 14 | | administrator shall notify the student's parent or guardian | 15 | | that he or she may request a meeting with appropriate school | 16 | | personnel to discuss the incident. This meeting shall be held | 17 | | separate and apart from meetings held in accordance with the | 18 | | student's individualized education program or from meetings | 19 | | held in accordance with the student's plan for services under | 20 | | Section 504 of the federal Rehabilitation Act of 1973. If a | 21 | | parent or guardian requests a meeting, the meeting shall be | 22 | | convened within 2 school days after the request, provided that | 23 | | the 2-school day limitation shall be extended if requested by | 24 | | the parent or guardian. The parent or guardian may also | 25 | | request that the meeting be convened via telephone or video | 26 | | conference. |
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| 1 | | The meeting shall include the student, if appropriate, at | 2 | | least one school staff member involved in the incident of | 3 | | isolated time out, time out, or physical restraint, the | 4 | | student's parent or guardian, and at least one appropriate | 5 | | school staff member not involved in the incident of isolated | 6 | | time out, time out, or physical restraint, such as a social | 7 | | worker, psychologist, nurse, or behavioral specialist. During | 8 | | the meeting, the school staff member or members involved in | 9 | | the incident of isolated time out, time out, or physical | 10 | | restraint, the student, and the student's parent or guardian, | 11 | | if applicable, shall be provided an opportunity to describe | 12 | | (i) the events that occurred prior to the incident of isolated | 13 | | time out, time out, or physical restraint and any actions that | 14 | | were taken by school personnel or the student leading up to the | 15 | | incident; (ii) the incident of isolated time out, time out, or | 16 | | physical restraint; and (iii) the events that occurred or the | 17 | | actions that were taken following the incident of isolated | 18 | | time out, time out, or physical restraint and whether the | 19 | | student returned to regular school activities and, if not, how | 20 | | the student spent the remainder of the school day. All parties | 21 | | present at the meeting shall have the opportunity to discuss | 22 | | what school personnel could have done differently to avoid the | 23 | | incident of isolated time out, time out, or physical restraint | 24 | | and what alternative courses of action, if any, the school can | 25 | | take to support the student and to avoid the future use of | 26 | | isolated time out, time out, or physical restraint. At no |
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| 1 | | point may a student be excluded from school solely because a | 2 | | meeting has not occurred. | 3 | | A summary of the meeting and any agreements or conclusions | 4 | | reached during the meeting shall be documented in writing and | 5 | | shall become part of the student's school record. A copy of the | 6 | | documents shall be provided to the student's parent or | 7 | | guardian. If a parent or guardian does not request a meeting | 8 | | within 10 school days after the school has provided the | 9 | | documents to the parent or guardian or if a parent or guardian | 10 | | fails to attend a requested meeting, that fact shall be | 11 | | documented as part of the student's school record. | 12 | | (h) Whenever isolated time out, time out, or physical | 13 | | restraint is used physical restraints are
used , school | 14 | | personnel shall fully document and report to the State Board
| 15 | | of Education the incident, including the events
leading up to | 16 | | the incident, what alternative measures that are less
| 17 | | restrictive and intrusive were used prior to the use of | 18 | | isolated time out, time out, or
physical restraint, why those | 19 | | measures were ineffective or deemed inappropriate, the type of | 20 | | restraint , isolated time out, or time out that was used, the | 21 | | length of time the
student was in isolated time out or time out | 22 | | or was is restrained, and the staff involved. The parents or
| 23 | | guardian of a student and the State Superintendent of | 24 | | Education shall be informed whenever isolated time out, time | 25 | | out, or physical restraint is restraints are used.
| 26 | | Schools shall provide parents and guardians with the |
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| 1 | | following
information, to be developed by the State Board and | 2 | | which may be incorporated into the State Board's prescribed | 3 | | physical restraint and time out form at the discretion of the | 4 | | State Board, after each
incident in which isolated time out, | 5 | | time out, or physical restraint is used during
the school | 6 | | year, in printed form or, upon the written request of
the | 7 | | parent or guardian, by email: | 8 | | (1) a copy of the standards for when isolated time | 9 | | out, time out, and physical restraint can be used; | 10 | | (2) information about the rights of parents, | 11 | | guardians, and students; and | 12 | | (3) information about the parent's or guardian's right | 13 | | to file a complaint with the State Superintendent of | 14 | | Education, the complaint process, and other information to | 15 | | assist the parent or guardian in navigating the complaint | 16 | | process. | 17 | | (i) Any use of isolated time out, time out, or physical | 18 | | restraint that is permitted by the board's policy shall be | 19 | | implemented in accordance with written procedures. | 20 | | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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