Illinois General Assembly - Full Text of SB2296
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Full Text of SB2296  102nd General Assembly

SB2296sam001 102ND GENERAL ASSEMBLY

Sen. Ann Gillespie

Filed: 4/14/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2296

2    AMENDMENT NO. ______. Amend Senate Bill 2296 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Administrative Procedure Act is
5amended by changing Section 5-45 as follows:
 
6    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
7    Sec. 5-45. Emergency rulemaking.
8    (a) "Emergency" means the existence of any situation that
9any agency finds reasonably constitutes a threat to the public
10interest, safety, or welfare.
11    (b) If any agency finds that an emergency exists that
12requires adoption of a rule upon fewer days than is required by
13Section 5-40 and states in writing its reasons for that
14finding, the agency may adopt an emergency rule without prior
15notice or hearing upon filing a notice of emergency rulemaking
16with the Secretary of State under Section 5-70. The notice

 

 

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1shall include the text of the emergency rule and shall be
2published in the Illinois Register. Consent orders or other
3court orders adopting settlements negotiated by an agency may
4be adopted under this Section. Subject to applicable
5constitutional or statutory provisions, an emergency rule
6becomes effective immediately upon filing under Section 5-65
7or at a stated date less than 10 days thereafter. The agency's
8finding and a statement of the specific reasons for the
9finding shall be filed with the rule. The agency shall take
10reasonable and appropriate measures to make emergency rules
11known to the persons who may be affected by them.
12    (c) An emergency rule may be effective for a period of not
13longer than 150 days, but the agency's authority to adopt an
14identical rule under Section 5-40 is not precluded. No
15emergency rule may be adopted more than once in any 24-month
16period, except that this limitation on the number of emergency
17rules that may be adopted in a 24-month period does not apply
18to (i) emergency rules that make additions to and deletions
19from the Drug Manual under Section 5-5.16 of the Illinois
20Public Aid Code or the generic drug formulary under Section
213.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
22emergency rules adopted by the Pollution Control Board before
23July 1, 1997 to implement portions of the Livestock Management
24Facilities Act, (iii) emergency rules adopted by the Illinois
25Department of Public Health under subsections (a) through (i)
26of Section 2 of the Department of Public Health Act when

 

 

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1necessary to protect the public's health, (iv) emergency rules
2adopted pursuant to subsection (n) of this Section, (v)
3emergency rules adopted pursuant to subsection (o) of this
4Section, or (vi) emergency rules adopted pursuant to
5subsection (c-5) of this Section. Two or more emergency rules
6having substantially the same purpose and effect shall be
7deemed to be a single rule for purposes of this Section.
8    (c-5) To facilitate the maintenance of the program of
9group health benefits provided to annuitants, survivors, and
10retired employees under the State Employees Group Insurance
11Act of 1971, rules to alter the contributions to be paid by the
12State, annuitants, survivors, retired employees, or any
13combination of those entities, for that program of group
14health benefits, shall be adopted as emergency rules. The
15adoption of those rules shall be considered an emergency and
16necessary for the public interest, safety, and welfare.
17    (d) In order to provide for the expeditious and timely
18implementation of the State's fiscal year 1999 budget,
19emergency rules to implement any provision of Public Act
2090-587 or 90-588 or any other budget initiative for fiscal
21year 1999 may be adopted in accordance with this Section by the
22agency charged with administering that provision or
23initiative, except that the 24-month limitation on the
24adoption of emergency rules and the provisions of Sections
255-115 and 5-125 do not apply to rules adopted under this
26subsection (d). The adoption of emergency rules authorized by

 

 

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1this subsection (d) shall be deemed to be necessary for the
2public interest, safety, and welfare.
3    (e) In order to provide for the expeditious and timely
4implementation of the State's fiscal year 2000 budget,
5emergency rules to implement any provision of Public Act 91-24
6or any other budget initiative for fiscal year 2000 may be
7adopted in accordance with this Section by the agency charged
8with administering that provision or initiative, except that
9the 24-month limitation on the adoption of emergency rules and
10the provisions of Sections 5-115 and 5-125 do not apply to
11rules adopted under this subsection (e). The adoption of
12emergency rules authorized by this subsection (e) shall be
13deemed to be necessary for the public interest, safety, and
14welfare.
15    (f) In order to provide for the expeditious and timely
16implementation of the State's fiscal year 2001 budget,
17emergency rules to implement any provision of Public Act
1891-712 or any other budget initiative for fiscal year 2001 may
19be adopted in accordance with this Section by the agency
20charged with administering that provision or initiative,
21except that the 24-month limitation on the adoption of
22emergency rules and the provisions of Sections 5-115 and 5-125
23do not apply to rules adopted under this subsection (f). The
24adoption of emergency rules authorized by this subsection (f)
25shall be deemed to be necessary for the public interest,
26safety, and welfare.

 

 

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1    (g) In order to provide for the expeditious and timely
2implementation of the State's fiscal year 2002 budget,
3emergency rules to implement any provision of Public Act 92-10
4or any other budget initiative for fiscal year 2002 may be
5adopted in accordance with this Section by the agency charged
6with administering that provision or initiative, except that
7the 24-month limitation on the adoption of emergency rules and
8the provisions of Sections 5-115 and 5-125 do not apply to
9rules adopted under this subsection (g). The adoption of
10emergency rules authorized by this subsection (g) shall be
11deemed to be necessary for the public interest, safety, and
12welfare.
13    (h) In order to provide for the expeditious and timely
14implementation of the State's fiscal year 2003 budget,
15emergency rules to implement any provision of Public Act
1692-597 or any other budget initiative for fiscal year 2003 may
17be adopted in accordance with this Section by the agency
18charged with administering that provision or initiative,
19except that the 24-month limitation on the adoption of
20emergency rules and the provisions of Sections 5-115 and 5-125
21do not apply to rules adopted under this subsection (h). The
22adoption of emergency rules authorized by this subsection (h)
23shall be deemed to be necessary for the public interest,
24safety, and welfare.
25    (i) In order to provide for the expeditious and timely
26implementation of the State's fiscal year 2004 budget,

 

 

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1emergency rules to implement any provision of Public Act 93-20
2or any other budget initiative for fiscal year 2004 may be
3adopted in accordance with this Section by the agency charged
4with administering that provision or initiative, except that
5the 24-month limitation on the adoption of emergency rules and
6the provisions of Sections 5-115 and 5-125 do not apply to
7rules adopted under this subsection (i). The adoption of
8emergency rules authorized by this subsection (i) shall be
9deemed to be necessary for the public interest, safety, and
10welfare.
11    (j) In order to provide for the expeditious and timely
12implementation of the provisions of the State's fiscal year
132005 budget as provided under the Fiscal Year 2005 Budget
14Implementation (Human Services) Act, emergency rules to
15implement any provision of the Fiscal Year 2005 Budget
16Implementation (Human Services) Act may be adopted in
17accordance with this Section by the agency charged with
18administering that provision, except that the 24-month
19limitation on the adoption of emergency rules and the
20provisions of Sections 5-115 and 5-125 do not apply to rules
21adopted under this subsection (j). The Department of Public
22Aid may also adopt rules under this subsection (j) necessary
23to administer the Illinois Public Aid Code and the Children's
24Health Insurance Program Act. The adoption of emergency rules
25authorized by this subsection (j) shall be deemed to be
26necessary for the public interest, safety, and welfare.

 

 

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1    (k) In order to provide for the expeditious and timely
2implementation of the provisions of the State's fiscal year
32006 budget, emergency rules to implement any provision of
4Public Act 94-48 or any other budget initiative for fiscal
5year 2006 may be adopted in accordance with this Section by the
6agency charged with administering that provision or
7initiative, except that the 24-month limitation on the
8adoption of emergency rules and the provisions of Sections
95-115 and 5-125 do not apply to rules adopted under this
10subsection (k). The Department of Healthcare and Family
11Services may also adopt rules under this subsection (k)
12necessary to administer the Illinois Public Aid Code, the
13Senior Citizens and Persons with Disabilities Property Tax
14Relief Act, the Senior Citizens and Disabled Persons
15Prescription Drug Discount Program Act (now the Illinois
16Prescription Drug Discount Program Act), and the Children's
17Health Insurance Program Act. The adoption of emergency rules
18authorized by this subsection (k) shall be deemed to be
19necessary for the public interest, safety, and welfare.
20    (l) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222007 budget, the Department of Healthcare and Family Services
23may adopt emergency rules during fiscal year 2007, including
24rules effective July 1, 2007, in accordance with this
25subsection to the extent necessary to administer the
26Department's responsibilities with respect to amendments to

 

 

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1the State plans and Illinois waivers approved by the federal
2Centers for Medicare and Medicaid Services necessitated by the
3requirements of Title XIX and Title XXI of the federal Social
4Security Act. The adoption of emergency rules authorized by
5this subsection (l) shall be deemed to be necessary for the
6public interest, safety, and welfare.
7    (m) In order to provide for the expeditious and timely
8implementation of the provisions of the State's fiscal year
92008 budget, the Department of Healthcare and Family Services
10may adopt emergency rules during fiscal year 2008, including
11rules effective July 1, 2008, in accordance with this
12subsection to the extent necessary to administer the
13Department's responsibilities with respect to amendments to
14the State plans and Illinois waivers approved by the federal
15Centers for Medicare and Medicaid Services necessitated by the
16requirements of Title XIX and Title XXI of the federal Social
17Security Act. The adoption of emergency rules authorized by
18this subsection (m) shall be deemed to be necessary for the
19public interest, safety, and welfare.
20    (n) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222010 budget, emergency rules to implement any provision of
23Public Act 96-45 or any other budget initiative authorized by
24the 96th General Assembly for fiscal year 2010 may be adopted
25in accordance with this Section by the agency charged with
26administering that provision or initiative. The adoption of

 

 

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1emergency rules authorized by this subsection (n) shall be
2deemed to be necessary for the public interest, safety, and
3welfare. The rulemaking authority granted in this subsection
4(n) shall apply only to rules promulgated during Fiscal Year
52010.
6    (o) In order to provide for the expeditious and timely
7implementation of the provisions of the State's fiscal year
82011 budget, emergency rules to implement any provision of
9Public Act 96-958 or any other budget initiative authorized by
10the 96th General Assembly for fiscal year 2011 may be adopted
11in accordance with this Section by the agency charged with
12administering that provision or initiative. The adoption of
13emergency rules authorized by this subsection (o) is deemed to
14be necessary for the public interest, safety, and welfare. The
15rulemaking authority granted in this subsection (o) applies
16only to rules promulgated on or after July 1, 2010 (the
17effective date of Public Act 96-958) through June 30, 2011.
18    (p) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 97-689,
20emergency rules to implement any provision of Public Act
2197-689 may be adopted in accordance with this subsection (p)
22by the agency charged with administering that provision or
23initiative. The 150-day limitation of the effective period of
24emergency rules does not apply to rules adopted under this
25subsection (p), and the effective period may continue through
26June 30, 2013. The 24-month limitation on the adoption of

 

 

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1emergency rules does not apply to rules adopted under this
2subsection (p). The adoption of emergency rules authorized by
3this subsection (p) is deemed to be necessary for the public
4interest, safety, and welfare.
5    (q) In order to provide for the expeditious and timely
6implementation of the provisions of Articles 7, 8, 9, 11, and
712 of Public Act 98-104, emergency rules to implement any
8provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
9may be adopted in accordance with this subsection (q) by the
10agency charged with administering that provision or
11initiative. The 24-month limitation on the adoption of
12emergency rules does not apply to rules adopted under this
13subsection (q). The adoption of emergency rules authorized by
14this subsection (q) is deemed to be necessary for the public
15interest, safety, and welfare.
16    (r) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 98-651,
18emergency rules to implement Public Act 98-651 may be adopted
19in accordance with this subsection (r) by the Department of
20Healthcare and Family Services. The 24-month limitation on the
21adoption of emergency rules does not apply to rules adopted
22under this subsection (r). The adoption of emergency rules
23authorized by this subsection (r) is deemed to be necessary
24for the public interest, safety, and welfare.
25    (s) In order to provide for the expeditious and timely
26implementation of the provisions of Sections 5-5b.1 and 5A-2

 

 

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1of the Illinois Public Aid Code, emergency rules to implement
2any provision of Section 5-5b.1 or Section 5A-2 of the
3Illinois Public Aid Code may be adopted in accordance with
4this subsection (s) by the Department of Healthcare and Family
5Services. The rulemaking authority granted in this subsection
6(s) shall apply only to those rules adopted prior to July 1,
72015. Notwithstanding any other provision of this Section, any
8emergency rule adopted under this subsection (s) shall only
9apply to payments made for State fiscal year 2015. The
10adoption of emergency rules authorized by this subsection (s)
11is deemed to be necessary for the public interest, safety, and
12welfare.
13    (t) In order to provide for the expeditious and timely
14implementation of the provisions of Article II of Public Act
1599-6, emergency rules to implement the changes made by Article
16II of Public Act 99-6 to the Emergency Telephone System Act may
17be adopted in accordance with this subsection (t) by the
18Department of State Police. The rulemaking authority granted
19in this subsection (t) shall apply only to those rules adopted
20prior to July 1, 2016. The 24-month limitation on the adoption
21of emergency rules does not apply to rules adopted under this
22subsection (t). The adoption of emergency rules authorized by
23this subsection (t) is deemed to be necessary for the public
24interest, safety, and welfare.
25    (u) In order to provide for the expeditious and timely
26implementation of the provisions of the Burn Victims Relief

 

 

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1Act, emergency rules to implement any provision of the Act may
2be adopted in accordance with this subsection (u) by the
3Department of Insurance. The rulemaking authority granted in
4this subsection (u) shall apply only to those rules adopted
5prior to December 31, 2015. The adoption of emergency rules
6authorized by this subsection (u) is deemed to be necessary
7for the public interest, safety, and welfare.
8    (v) In order to provide for the expeditious and timely
9implementation of the provisions of Public Act 99-516,
10emergency rules to implement Public Act 99-516 may be adopted
11in accordance with this subsection (v) by the Department of
12Healthcare and Family Services. The 24-month limitation on the
13adoption of emergency rules does not apply to rules adopted
14under this subsection (v). The adoption of emergency rules
15authorized by this subsection (v) is deemed to be necessary
16for the public interest, safety, and welfare.
17    (w) In order to provide for the expeditious and timely
18implementation of the provisions of Public Act 99-796,
19emergency rules to implement the changes made by Public Act
2099-796 may be adopted in accordance with this subsection (w)
21by the Adjutant General. The adoption of emergency rules
22authorized by this subsection (w) is deemed to be necessary
23for the public interest, safety, and welfare.
24    (x) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 99-906,
26emergency rules to implement subsection (i) of Section

 

 

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116-115D, subsection (g) of Section 16-128A, and subsection (a)
2of Section 16-128B of the Public Utilities Act may be adopted
3in accordance with this subsection (x) by the Illinois
4Commerce Commission. The rulemaking authority granted in this
5subsection (x) shall apply only to those rules adopted within
6180 days after June 1, 2017 (the effective date of Public Act
799-906). The adoption of emergency rules authorized by this
8subsection (x) is deemed to be necessary for the public
9interest, safety, and welfare.
10    (y) In order to provide for the expeditious and timely
11implementation of the provisions of Public Act 100-23,
12emergency rules to implement the changes made by Public Act
13100-23 to Section 4.02 of the Illinois Act on the Aging,
14Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
15Section 55-30 of the Alcoholism and Other Drug Abuse and
16Dependency Act, and Sections 74 and 75 of the Mental Health and
17Developmental Disabilities Administrative Act may be adopted
18in accordance with this subsection (y) by the respective
19Department. The adoption of emergency rules authorized by this
20subsection (y) is deemed to be necessary for the public
21interest, safety, and welfare.
22    (z) In order to provide for the expeditious and timely
23implementation of the provisions of Public Act 100-554,
24emergency rules to implement the changes made by Public Act
25100-554 to Section 4.7 of the Lobbyist Registration Act may be
26adopted in accordance with this subsection (z) by the

 

 

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1Secretary of State. The adoption of emergency rules authorized
2by this subsection (z) is deemed to be necessary for the public
3interest, safety, and welfare.
4    (aa) In order to provide for the expeditious and timely
5initial implementation of the changes made to Articles 5, 5A,
612, and 14 of the Illinois Public Aid Code under the provisions
7of Public Act 100-581, the Department of Healthcare and Family
8Services may adopt emergency rules in accordance with this
9subsection (aa). The 24-month limitation on the adoption of
10emergency rules does not apply to rules to initially implement
11the changes made to Articles 5, 5A, 12, and 14 of the Illinois
12Public Aid Code adopted under this subsection (aa). The
13adoption of emergency rules authorized by this subsection (aa)
14is deemed to be necessary for the public interest, safety, and
15welfare.
16    (bb) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 100-587,
18emergency rules to implement the changes made by Public Act
19100-587 to Section 4.02 of the Illinois Act on the Aging,
20Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
21subsection (b) of Section 55-30 of the Alcoholism and Other
22Drug Abuse and Dependency Act, Section 5-104 of the
23Specialized Mental Health Rehabilitation Act of 2013, and
24Section 75 and subsection (b) of Section 74 of the Mental
25Health and Developmental Disabilities Administrative Act may
26be adopted in accordance with this subsection (bb) by the

 

 

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1respective Department. The adoption of emergency rules
2authorized by this subsection (bb) is deemed to be necessary
3for the public interest, safety, and welfare.
4    (cc) In order to provide for the expeditious and timely
5implementation of the provisions of Public Act 100-587,
6emergency rules may be adopted in accordance with this
7subsection (cc) to implement the changes made by Public Act
8100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
9Pension Code by the Board created under Article 14 of the Code;
10Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
11the Board created under Article 15 of the Code; and Sections
1216-190.5 and 16-190.6 of the Illinois Pension Code by the
13Board created under Article 16 of the Code. The adoption of
14emergency rules authorized by this subsection (cc) is deemed
15to be necessary for the public interest, safety, and welfare.
16    (dd) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 100-864,
18emergency rules to implement the changes made by Public Act
19100-864 to Section 3.35 of the Newborn Metabolic Screening Act
20may be adopted in accordance with this subsection (dd) by the
21Secretary of State. The adoption of emergency rules authorized
22by this subsection (dd) is deemed to be necessary for the
23public interest, safety, and welfare.
24    (ee) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 100-1172,
26emergency rules implementing the Illinois Underground Natural

 

 

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1Gas Storage Safety Act may be adopted in accordance with this
2subsection by the Department of Natural Resources. The
3adoption of emergency rules authorized by this subsection is
4deemed to be necessary for the public interest, safety, and
5welfare.
6    (ff) In order to provide for the expeditious and timely
7initial implementation of the changes made to Articles 5A and
814 of the Illinois Public Aid Code under the provisions of
9Public Act 100-1181, the Department of Healthcare and Family
10Services may on a one-time-only basis adopt emergency rules in
11accordance with this subsection (ff). The 24-month limitation
12on the adoption of emergency rules does not apply to rules to
13initially implement the changes made to Articles 5A and 14 of
14the Illinois Public Aid Code adopted under this subsection
15(ff). The adoption of emergency rules authorized by this
16subsection (ff) is deemed to be necessary for the public
17interest, safety, and welfare.
18    (gg) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 101-1,
20emergency rules may be adopted by the Department of Labor in
21accordance with this subsection (gg) to implement the changes
22made by Public Act 101-1 to the Minimum Wage Law. The adoption
23of emergency rules authorized by this subsection (gg) is
24deemed to be necessary for the public interest, safety, and
25welfare.
26    (hh) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of Public Act 101-10,
2emergency rules may be adopted in accordance with this
3subsection (hh) to implement the changes made by Public Act
4101-10 to subsection (j) of Section 5-5.2 of the Illinois
5Public Aid Code. The adoption of emergency rules authorized by
6this subsection (hh) is deemed to be necessary for the public
7interest, safety, and welfare.
8    (ii) In order to provide for the expeditious and timely
9implementation of the provisions of Public Act 101-10,
10emergency rules to implement the changes made by Public Act
11101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid
12Code may be adopted in accordance with this subsection (ii) by
13the Department of Public Health. The adoption of emergency
14rules authorized by this subsection (ii) is deemed to be
15necessary for the public interest, safety, and welfare.
16    (jj) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 101-10,
18emergency rules to implement the changes made by Public Act
19101-10 to Section 74 of the Mental Health and Developmental
20Disabilities Administrative Act may be adopted in accordance
21with this subsection (jj) by the Department of Human Services.
22The adoption of emergency rules authorized by this subsection
23(jj) is deemed to be necessary for the public interest,
24safety, and welfare.
25    (kk) In order to provide for the expeditious and timely
26implementation of the Cannabis Regulation and Tax Act and

 

 

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1Public Act 101-27, the Department of Revenue, the Department
2of Public Health, the Department of Agriculture, the
3Department of State Police, and the Department of Financial
4and Professional Regulation may adopt emergency rules in
5accordance with this subsection (kk). The rulemaking authority
6granted in this subsection (kk) shall apply only to rules
7adopted before December 31, 2021. Notwithstanding the
8provisions of subsection (c), emergency rules adopted under
9this subsection (kk) shall be effective for 180 days. The
10adoption of emergency rules authorized by this subsection (kk)
11is deemed to be necessary for the public interest, safety, and
12welfare.
13    (ll) In order to provide for the expeditious and timely
14implementation of the provisions of the Leveling the Playing
15Field for Illinois Retail Act, emergency rules may be adopted
16in accordance with this subsection (ll) to implement the
17changes made by the Leveling the Playing Field for Illinois
18Retail Act. The adoption of emergency rules authorized by this
19subsection (ll) is deemed to be necessary for the public
20interest, safety, and welfare.
21    (mm) In order to provide for the expeditious and timely
22implementation of the provisions of Section 25-70 of the
23Sports Wagering Act, emergency rules to implement Section
2425-70 of the Sports Wagering Act may be adopted in accordance
25with this subsection (mm) by the Department of the Lottery as
26provided in the Sports Wagering Act. The adoption of emergency

 

 

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1rules authorized by this subsection (mm) is deemed to be
2necessary for the public interest, safety, and welfare.
3    (nn) In order to provide for the expeditious and timely
4implementation of the Sports Wagering Act, emergency rules to
5implement the Sports Wagering Act may be adopted in accordance
6with this subsection (nn) by the Illinois Gaming Board. The
7adoption of emergency rules authorized by this subsection (nn)
8is deemed to be necessary for the public interest, safety, and
9welfare.
10    (oo) In order to provide for the expeditious and timely
11implementation of the provisions of subsection (c) of Section
1220 of the Video Gaming Act, emergency rules to implement the
13provisions of subsection (c) of Section 20 of the Video Gaming
14Act may be adopted in accordance with this subsection (oo) by
15the Illinois Gaming Board. The adoption of emergency rules
16authorized by this subsection (oo) is deemed to be necessary
17for the public interest, safety, and welfare.
18    (pp) In order to provide for the expeditious and timely
19implementation of the provisions of Section 50 of the Sexual
20Assault Evidence Submission Act, emergency rules to implement
21Section 50 of the Sexual Assault Evidence Submission Act may
22be adopted in accordance with this subsection (pp) by the
23Department of State Police. The adoption of emergency rules
24authorized by this subsection (pp) is deemed to be necessary
25for the public interest, safety, and welfare.
26    (qq) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of the Illinois Works Jobs
2Program Act, emergency rules may be adopted in accordance with
3this subsection (qq) to implement the Illinois Works Jobs
4Program Act. The adoption of emergency rules authorized by
5this subsection (qq) is deemed to be necessary for the public
6interest, safety, and welfare.
7    (rr) In order to provide for the expeditious and timely
8implementation of the provisions of subsection (c) of Section
92-3.130 of the School Code, emergency rules to implement
10subsection (c) of Section 2-3.130 of the School Code may be
11adopted in accordance with this subsection (rr) by the State
12Board of Education. The adoption of emergency rules authorized
13by this subsection (rr) is deemed to be necessary for the
14public interest, safety, and welfare.
15(Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17;
16100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff.
176-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18;
18100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff.
193-8-19; 101-1, eff. 2-19-19; 101-10, Article 20, Section 20-5,
20eff. 6-5-19; 101-10, Article 35, Section 35-5, eff. 6-5-19;
21101-27, eff. 6-25-19; 101-31, Article 15, Section 15-5, eff.
226-28-19; 101-31, Article 25, Section 25-900, eff. 6-28-19;
23101-31, Article 35, Section 35-3, eff. 6-28-19; 101-377, eff.
248-16-19; 101-601, eff. 12-10-19.)
 
25    Section 10. The School Code is amended by changing

 

 

10200SB2296sam001- 21 -LRB102 15797 CMG 24551 a

1Sections 2-3.130, 10-20.33, and 34-18.20 as follows:
 
2    (105 ILCS 5/2-3.130)
3    Sec. 2-3.130. Isolated time out, time Time out, and
4physical restraint rules; grant program; third-party
5assistance; goals and plans.
6    (a) For purposes of this Section, "isolated time out",
7"physical restraint", and "time out" have the meanings given
8to those terms under Section 10-20.33.
9    (b) The State Board of Education shall promulgate rules
10governing the use of isolated time out, time out, and physical
11restraint in the public schools and special education
12nonpublic facilities under Section 14-7.02 of this Code. The
13rules shall include provisions governing the documentation and
14reporting recordkeeping that is required each time these
15interventions when physical restraint or more restrictive
16forms of time out are used.
17    The rules adopted by the State Board shall include a
18procedure by which a person who believes a violation of
19Section 10-20.33 or 34-18.20 has occurred may file a
20complaint. The rules adopted by the State Board shall include
21training requirements that must be included in training
22programs used to train and certify school personnel.
23    The State Board shall establish procedures for progressive
24enforcement actions to ensure that schools fully comply with
25the documentation and reporting requirements for isolated time

 

 

10200SB2296sam001- 22 -LRB102 15797 CMG 24551 a

1out, time out, and physical restraint established by rule,
2which shall include meaningful and appropriate sanctions for
3the failure to comply, including the failure to report to the
4parent or guardian and to the State Board, the failure to
5timely report, and the failure to provide detailed
6documentation.
7    (c) Subject to appropriation, the State Board shall, by
8adoption of emergency rules under subsection (rr) of Section
95-45 of the Illinois Administrative Procedure Act if it so
10chooses, create a grant program for school districts, special
11education nonpublic facilities under Section 14-7.02 of this
12Code, and special education cooperatives to implement
13school-wide, culturally sensitive, and trauma-informed
14practices, positive behavioral interventions and supports, and
15restorative practices within a multi-tiered system of support
16aimed at reducing the need for interventions, such as isolated
17time out, time out, and physical restraint.
18    (d) Subject to the Illinois Procurement Code, the Illinois
19School Student Records Act, the Mental Health and
20Developmental Disabilities Confidentiality Act, and the
21federal Family Educational Rights and Privacy Act of 1974, the
22State Board may contract with a third party to provide
23assistance with the oversight and monitoring of the use of
24isolated time out, time out, and physical restraint by school
25districts.
26    (e) The State Board shall establish goals within 90 days

 

 

10200SB2296sam001- 23 -LRB102 15797 CMG 24551 a

1after the effective date of this amendatory Act of the 102nd
2General Assembly, with specific benchmarks, for schools to
3accomplish the systemic reduction of isolated time out, time
4out, and physical restraint within 3 years after the effective
5date of this amendatory Act of the 102nd General Assembly. The
6State Board shall engage in meaningful consultation with
7stakeholders to establish the goals, including in the review
8and evaluation of the data submitted. Each school board shall
9create a time out and physical restraint oversight team that
10includes, but is not limited to, teachers, paraprofessionals,
11school service personnel, and administrators to develop (i) a
12school-specific plan for reducing and eventually eliminating
13the use of isolated time out, time out, and physical restraint
14in accordance with the goals and benchmarks established by the
15State Board and (ii) procedures to implement the plan
16developed by the team.
17    The progress toward the reduction and eventual elimination
18of the use of isolated time out and physical restraint shall be
19measured by the reduction in the overall number of incidents
20of those interventions and the total number of students
21subjected to those interventions. In limited cases, upon
22written application made by a school district and approved by
23the State Board based on criteria developed by the State Board
24to show good cause, the reduction in the use of those
25interventions may be measured by the frequency of the use of
26those interventions on individual students and the student

 

 

10200SB2296sam001- 24 -LRB102 15797 CMG 24551 a

1population as a whole. The State Board shall specify a date for
2submission of the plans. School districts shall submit a
3report once each year for 3 years after the effective date of
4this amendatory Act of the 102nd General Assembly to the State
5Board on the progress made toward achieving the goals and
6benchmarks established by the State Board and modify their
7plans as necessary to satisfy those goals and benchmarks.
8School districts shall notify parents and guardians that the
9plans and reports are available for review. On or before June
1030, 2023, the State Board shall issue a report to the General
11Assembly on the progress made by schools to achieve those
12goals and benchmarks. The required plans shall include, but
13not be limited to, the specific actions that are to be taken
14to:
15        (1) reduce and eventually eliminate a reliance on
16    isolated time out, time out, and physical restraint for
17    behavioral interventions and develop noncoercive
18    environments;
19        (2) develop individualized student plans that are
20    oriented toward prevention of the use of isolated time
21    out, time out, and physical restraint with the intent that
22    a plan be separate and apart from a student's
23    individualized education program or a student's plan for
24    services under Section 504 of the federal Rehabilitation
25    Act of 1973;
26        (3) ensure that appropriate school personnel are fully

 

 

10200SB2296sam001- 25 -LRB102 15797 CMG 24551 a

1    informed of the student's history, including any history
2    of physical or sexual abuse, and other relevant medical
3    and mental health information, except that any disclosure
4    of student information must be consistent with federal and
5    State laws and rules governing student confidentiality and
6    privacy rights; and
7        (4) support a vision for cultural change that
8    reinforces the following:
9            (A) positive behavioral interventions and support
10        rather than isolated time out, time out, and physical
11        restraint;
12            (B) effective ways to de-escalate situations to
13        avoid isolated time out, time out, and physical
14        restraint;
15            (C) crisis intervention techniques that use
16        alternatives to isolated time out, time out, and
17        physical restraint; and
18            (D) use of debriefing meetings to reassess what
19        occurred and why it occurred and to think through ways
20        to prevent use of the intervention the next time.
21    (f) A school is exempt from the requirement to submit a
22plan and the annual reports under subsection (e) if the school
23is able to demonstrate to the satisfaction of the State Board
24that (i) within the previous 3 years, the school district has
25never engaged in the use of isolated time out, time out, or
26physical restraint and (ii) the school has adopted a written

 

 

10200SB2296sam001- 26 -LRB102 15797 CMG 24551 a

1policy that prohibits the use isolated time out, time out, and
2physical restraint on a student and is able to demonstrate the
3enforcement of that policy.
4    (g) The State Board shall establish a system of ongoing
5review, auditing, and monitoring to ensure that schools comply
6with the documentation and reporting requirements and meet the
7State Board's established goals and benchmarks for reducing
8and eventually eliminating the use of isolated time out, time
9out, and physical restraint.
10(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
 
11    (105 ILCS 5/10-20.33)
12    Sec. 10-20.33. Time out, isolated time out, and physical
13restraint, and necessities; limitations and prohibitions.
14    (a) The General Assembly finds and declares that the use
15of isolated time out, time out, and physical restraint on
16children and youth carries risks to the health and safety of
17students and staff; therefore, the ultimate goal is to reduce
18and eventually eliminate the use of those interventions. The
19General Assembly also finds and declares that the State Board
20of Education must take affirmative action to lead and support
21schools in transforming the school culture to reduce and
22eliminate the use of all such interventions over time.
23    (b) In this Section:
24    "Chemical restraint" means the use of medication to
25control a student's behavior or to restrict a student's

 

 

10200SB2296sam001- 27 -LRB102 15797 CMG 24551 a

1freedom of movement. "Chemical restraint" does not include
2medication that is legally prescribed and administered as part
3of a student's regular medical regimen to manage behavioral
4symptoms and treat medical symptoms.
5    "Isolated time out" means the involuntary confinement of a
6student alone in a time out room or other enclosure outside of
7the classroom without a supervising adult in the time out room
8or enclosure.
9    "Isolated time out" or "time out" does not include a
10student-initiated or student-requested break, a
11student-initiated sensory break or a teacher-initiated sensory
12break that may include a sensory room containing sensory tools
13to assist a student to calm and de-escalate, an in-school
14suspension or detention, or any other appropriate disciplinary
15measure, including the student's brief removal to the hallway
16or similar environment.
17    "Mechanical restraint" means the use of any device or
18equipment to limit a student's movement or to hold a student
19immobile. "Mechanical restraint" does not include any
20restraint used to (i) treat a student's medical needs; (ii)
21protect a student who is known to be at risk of injury
22resulting from a lack of coordination or frequent loss of
23consciousness; (iii) position a student with physical
24disabilities in a manner specified in the student's
25individualized education program, federal Section 504 plan, or
26other plan of care; (iv) provide a supplementary aid, service,

 

 

10200SB2296sam001- 28 -LRB102 15797 CMG 24551 a

1or accommodation, including, but not limited to, assistive
2technology that provides proprioceptive input or aids in
3self-regulation; or (v) promote student safety in vehicles
4used to transport students.
5    "Physical restraint" or "restraint" means holding a
6student or otherwise restricting a student's movements.
7"Physical restraint" or "restraint" does not include momentary
8periods of physical restriction by direct person to person
9contact, without the aid of material or mechanical devices,
10that are accomplished with limited force and that are designed
11to prevent a student from completing an act that would result
12in potential physical harm to himself, herself, or another or
13damage to property.
14    "Prone physical restraint" means a physical restraint in
15which a student is held face down on the floor or other surface
16and physical pressure is applied to the student's body to keep
17the student in the prone position.
18    "Time out" means a behavior management technique for the
19purpose of calming or de-escalation that involves the
20involuntary monitored separation of a student from classmates
21with a trained adult for part of the school day, only for a
22brief time, in a nonlocked setting.
23    (c) Isolated time out, time out, and physical restraint,
24other than prone physical restraint, may be used only if (i)
25the student's behavior presents an imminent danger of serious
26physical harm to the student or to others; (ii) other less

 

 

10200SB2296sam001- 29 -LRB102 15797 CMG 24551 a

1restrictive and intrusive measures have been tried and have
2proven to be ineffective in stopping the imminent danger of
3serious physical harm; (iii) there is no known medical
4contraindication to its use on the student; and (iv) the
5school staff member or members applying the use of time out,
6isolated time out, or physical restraint on a student have
7been trained in its safe application, as established by rule
8by the State Board of Education. Isolated time out is allowed
9only under limited circumstances as set forth in this Section.
10If all other requirements under this Section are met, isolated
11time out may be used only if the adult in the time out room or
12enclosure is in imminent danger of serious physical harm
13because the student is unable to cease actively engaging in
14extreme physical aggression.
15    Mechanical restraint and chemical restraint are
16prohibited. Prone restraint is prohibited except in special
17education nonpublic facilities under Section 14-7.02 of this
18Code when all of the following conditions are satisfied:
19        (1) The student's Behavior Intervention Plan
20    specifically allows for prone restraint of the student.
21        (2) The Behavior Intervention Plan was put into place
22    before January 1, 2021.
23        (3) The student's Behavior Intervention Plan has been
24    approved by the IEP team.
25        (4) The school staff member or staff members applying
26    the use of prone restraint on a student have been trained

 

 

10200SB2296sam001- 30 -LRB102 15797 CMG 24551 a

1    in its safe application as established by rule by the
2    State Board of Education.
3        (5) The special education nonpublic facility must be
4    able to document and demonstrate to the IEP team that the
5    use of other de-escalation techniques provided for in the
6    student's Behavior Intervention Plan were ineffective.
7        (6) The use of prone restraint occurs within the
8    2021-2022 or 2022-2023 school year.
9All instances of the utilization of prone restraint must be
10reported in accordance with the provisions of this amendatory
11Act of the 102nd General Assembly. Nothing in this Section
12shall prohibit the State Board of Education from adopting
13administrative rules that further restrict or disqualify the
14use of prone restraint.
15    (d) The Until rules are adopted under Section 2-3.130 of
16this Code, the use of any of the following rooms or enclosures
17for an isolated time out or time out purposes is prohibited:
18        (1) a locked room or a room in which the door is
19    obstructed, prohibiting it from opening other than one
20    with a locking mechanism that engages only when a key or
21    handle is being held by a person;
22        (2) a confining space such as a closet or box;
23        (3) a room where the student cannot be continually
24    observed; or
25        (4) any other room or enclosure or time out procedure
26    that is contrary to current rules adopted by guidelines of

 

 

10200SB2296sam001- 31 -LRB102 15797 CMG 24551 a

1    the State Board of Education.
2    (e) The deprivation of necessities needed to sustain the
3health of a person, including, without limitation, the denial
4or unreasonable delay in the provision of the following, is
5prohibited:
6        (1) food or liquid at a time when it is customarily
7    served;
8        (2) medication; or
9        (3) the use of a restroom.
10    (f) (Blank). The use of physical restraints is prohibited
11except when (i) the student poses a physical risk to himself,
12herself, or others, (ii) there is no medical contraindication
13to its use, and (iii) the staff applying the restraint have
14been trained in its safe application. For the purposes of this
15Section, "restraint" does not include momentary periods of
16physical restriction by direct person-to-person contact,
17without the aid of material or mechanical devices,
18accomplished with limited force and that are designed (i) to
19prevent a student from completing an act that would result in
20potential physical harm to himself, herself, or another or
21damage to property or (ii) to remove a disruptive student who
22is unwilling to voluntarily leave the area. The use of
23physical restraints that meet the requirements of this Section
24may be included in a student's individualized education plan
25where deemed appropriate by the student's individualized
26education plan team.

 

 

10200SB2296sam001- 32 -LRB102 15797 CMG 24551 a

1    (g) Following each incident of isolated time out, time
2out, or physical restraint, but no later than 2 school days
3after the incident, the principal or another designated
4administrator shall notify the student's parent or guardian
5that he or she may request a meeting with appropriate school
6personnel to discuss the incident. This meeting shall be held
7separate and apart from meetings held in accordance with the
8student's individualized education program or from meetings
9held in accordance with the student's plan for services under
10Section 504 of the federal Rehabilitation Act of 1973. If a
11parent or guardian requests a meeting, the meeting shall be
12convened within 2 school days after the request, provided that
13the 2-school day limitation shall be extended if requested by
14the parent or guardian. The parent or guardian may also
15request that the meeting be convened via telephone or video
16conference.
17    The meeting shall include the student, if appropriate, at
18least one school staff member involved in the incident of
19isolated time out, time out, or physical restraint, the
20student's parent or guardian, and at least one appropriate
21school staff member not involved in the incident of isolated
22time out, time out, or physical restraint, such as a social
23worker, psychologist, nurse, or behavioral specialist. During
24the meeting, the school staff member or members involved in
25the incident of isolated time out, time out, or physical
26restraint, the student, and the student's parent or guardian,

 

 

10200SB2296sam001- 33 -LRB102 15797 CMG 24551 a

1if applicable, shall be provided an opportunity to describe
2(i) the events that occurred prior to the incident of isolated
3time out, time out, or physical restraint and any actions that
4were taken by school personnel or the student leading up to the
5incident; (ii) the incident of isolated time out, time out, or
6physical restraint; and (iii) the events that occurred or the
7actions that were taken following the incident of isolated
8time out, time out, or physical restraint and whether the
9student returned to regular school activities and, if not, how
10the student spent the remainder of the school day. All parties
11present at the meeting shall have the opportunity to discuss
12what school personnel could have done differently to avoid the
13incident of isolated time out, time out, or physical restraint
14and what alternative courses of action, if any, the school can
15take to support the student and to avoid the future use of
16isolated time out, time out, or physical restraint. At no
17point may a student be excluded from school solely because a
18meeting has not occurred.
19    A summary of the meeting and any agreements or conclusions
20reached during the meeting shall be documented in writing and
21shall become part of the student's school record. A copy of the
22documents shall be provided to the student's parent or
23guardian. If a parent or guardian does not request a meeting
24within 10 school days after the school has provided the
25documents to the parent or guardian or if a parent or guardian
26fails to attend a requested meeting, that fact shall be

 

 

10200SB2296sam001- 34 -LRB102 15797 CMG 24551 a

1documented as part of the student's school record.
2    (h) Whenever isolated time out, time out, or physical
3restraint is used physical restraints are used, school
4personnel shall fully document and report to the State Board
5of Education the incident, including the events leading up to
6the incident, what alternative measures that are less
7restrictive and intrusive were used prior to the use of
8isolated time out, time out, or physical restraint, why those
9measures were ineffective or deemed inappropriate, the type of
10restraint, isolated time out, or time out that was used, the
11length of time the student was in isolated time out or time out
12or was is restrained, and the staff involved. The parents or
13guardian of a student and the State Superintendent of
14Education shall be informed whenever isolated time out, time
15out, or physical restraint is restraints are used.
16    Schools shall provide parents and guardians with the
17following information, to be developed by the State Board and
18which may be incorporated into the State Board's prescribed
19physical restraint and time out form at the discretion of the
20State Board, after each incident in which isolated time out,
21time out, or physical restraint is used during the school
22year, in printed form or, upon the written request of the
23parent or guardian, by email:
24        (1) a copy of the standards for when isolated time
25    out, time out, and physical restraint can be used;
26        (2) information about the rights of parents,

 

 

10200SB2296sam001- 35 -LRB102 15797 CMG 24551 a

1    guardians, and students; and
2        (3) information about the parent's or guardian's right
3    to file a complaint with the State Superintendent of
4    Education, the complaint process, and other information to
5    assist the parent or guardian in navigating the complaint
6    process.
7    (i) Any use of isolated time out, time out, or physical
8restraint that is permitted by a school board's policy shall
9be implemented in accordance with written procedures.
10(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
 
11    (105 ILCS 5/34-18.20)
12    Sec. 34-18.20. Time out, isolated time out, and physical
13restraint, and necessities; limitations and prohibitions.
14    (a) The General Assembly finds and declares that the use
15of isolated time out, time out, and physical restraint on
16children and youth carries risks to the health and safety of
17students and staff; therefore, the ultimate goal is to reduce
18and eventually eliminate the use of those interventions. The
19General Assembly also finds and declares that the State Board
20of Education must take affirmative action to lead and support
21schools in transforming the school culture to reduce and
22eliminate the use of all such interventions over time.
23    (b) In this Section:
24    "Chemical restraint" means the use of medication to
25control a student's behavior or to restrict a student's

 

 

10200SB2296sam001- 36 -LRB102 15797 CMG 24551 a

1freedom of movement. "Chemical restraint" does not include
2medication that is legally prescribed and administered as part
3of a student's regular medical regimen to manage behavioral
4symptoms and treat medical symptoms.
5    "Isolated time out" means the involuntary confinement of a
6student alone in a time out room or other enclosure outside of
7the classroom without a supervising adult in the time out room
8or enclosure.
9    "Isolated time out" or "time out" does not include a
10student-initiated or student-requested break, a
11student-initiated sensory break or a teacher-initiated sensory
12break that may include a sensory room containing sensory tools
13to assist a student to calm and de-escalate, an in-school
14suspension or detention, or any other appropriate disciplinary
15measure, including the student's brief removal to the hallway
16or similar environment.
17    "Mechanical restraint" means the use of any device or
18equipment to limit a student's movement or to hold a student
19immobile. "Mechanical restraint" does not include any
20restraint used to (i) treat a student's medical needs; (ii)
21protect a student who is known to be at risk of injury
22resulting from a lack of coordination or frequent loss of
23consciousness; (iii) position a student with physical
24disabilities in a manner specified in the student's
25individualized education program, federal Section 504 plan, or
26other plan of care; (iv) provide a supplementary aid, service,

 

 

10200SB2296sam001- 37 -LRB102 15797 CMG 24551 a

1or accommodation, including, but not limited to, assistive
2technology that provides proprioceptive input or aids in
3self-regulation; or (v) promote student safety in vehicles
4used to transport students.
5    "Physical restraint" or "restraint" means holding a
6student or otherwise restricting a student's movements.
7"Physical restraint" or "restraint" does not include momentary
8periods of physical restriction by direct person to person
9contact, without the aid of material or mechanical devices,
10that are accomplished with limited force and that are designed
11to prevent a student from completing an act that would result
12in potential physical harm to himself, herself, or another or
13damage to property.
14    "Prone physical restraint" means a physical restraint in
15which a student is held face down on the floor or other surface
16and physical pressure is applied to the student's body to keep
17the student in the prone position.
18    "Time out" means a behavior management technique for the
19purpose of calming or de-escalation that involves the
20involuntary monitored separation of a student from classmates
21with a trained adult for part of the school day, only for a
22brief time, in a nonlocked setting.
23    (c) Isolated time out, time out, and physical restraint,
24other than prone physical restraint, may be used only if (i)
25the student's behavior presents an imminent danger of serious
26physical harm to the student or to others; (ii) other less

 

 

10200SB2296sam001- 38 -LRB102 15797 CMG 24551 a

1restrictive and intrusive measures have been tried and have
2proven to be ineffective in stopping the imminent danger of
3serious physical harm; (iii) there is no known medical
4contraindication to its use on the student; and (iv) the
5school staff member or members applying the use of time out,
6isolated time out, or physical restraint on a student have
7been trained in its safe application, as established by rule
8by the State Board of Education. Isolated time out is allowed
9only under limited circumstances as set forth in this Section.
10If all other requirements under this Section are met, isolated
11time out may be used only if the adult in the time out room or
12enclosure is in imminent danger of serious physical harm
13because the student is unable to cease actively engaging in
14extreme physical aggression.
15    Mechanical restraint and chemical restraint are
16prohibited. Prone restraint is prohibited except in special
17education nonpublic facilities under Section 14-7.02 of this
18Code when all of the following conditions are satisfied:
19        (1) The student's Behavior Intervention Plan
20    specifically allows for prone restraint of the student.
21        (2) The Behavior Intervention Plan was put into place
22    before January 1, 2021.
23        (3) The student's Behavior Intervention Plan has been
24    approved by the IEP team.
25        (4) The school staff member or staff members applying
26    the use of prone restraint on a student have been trained

 

 

10200SB2296sam001- 39 -LRB102 15797 CMG 24551 a

1    in its safe application as established by rule by the
2    State Board of Education.
3        (5) The special education nonpublic facility must be
4    able to document and demonstrate to the IEP team that the
5    use of other de-escalation techniques provided for in the
6    student's Behavior Intervention Plan were ineffective.
7        (6) The use of prone restraint occurs within the
8    2021-2022 or 2022-2023 school year.
9All instances of the utilization of prone restraint must be
10reported in accordance with the provisions of this amendatory
11Act of the 102nd General Assembly. Nothing in this Section
12shall prohibit the State Board of Education from adopting
13administrative rules that further restrict or disqualify the
14use of prone restraint.
15    (d) The Until rules are adopted under Section 2-3.130 of
16this Code, the use of any of the following rooms or enclosures
17for an isolated time out or time out purposes is prohibited:
18        (1) a locked room or a room in which the door is
19    obstructed, prohibiting it from opening other than one
20    with a locking mechanism that engages only when a key or
21    handle is being held by a person;
22        (2) a confining space such as a closet or box;
23        (3) a room where the student cannot be continually
24    observed; or
25        (4) any other room or enclosure or time out procedure
26    that is contrary to current rules adopted by guidelines of

 

 

10200SB2296sam001- 40 -LRB102 15797 CMG 24551 a

1    the State Board of Education.
2    (e) The deprivation of necessities needed to sustain the
3health of a person, including, without limitation, the denial
4or unreasonable delay in the provision of the following, is
5prohibited:
6        (1) food or liquid at a time when it is customarily
7    served;
8        (2) medication; or
9        (3) the use of a restroom.
10    (f) (Blank). The use of physical restraints is prohibited
11except when (i) the student poses a physical risk to himself,
12herself, or others, (ii) there is no medical contraindication
13to its use, and (iii) the staff applying the restraint have
14been trained in its safe application. For the purposes of this
15Section, "restraint" does not include momentary periods of
16physical restriction by direct person-to-person contact,
17without the aid of material or mechanical devices,
18accomplished with limited force and that are designed (i) to
19prevent a student from completing an act that would result in
20potential physical harm to himself, herself, or another or
21damage to property or (ii) to remove a disruptive student who
22is unwilling to voluntarily leave the area. The use of
23physical restraints that meet the requirements of this Section
24may be included in a student's individualized education plan
25where deemed appropriate by the student's individualized
26education plan team.

 

 

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1    (g) Following each incident of isolated time out, time
2out, or physical restraint, but no later than 2 school days
3after the incident, the principal or another designated
4administrator shall notify the student's parent or guardian
5that he or she may request a meeting with appropriate school
6personnel to discuss the incident. This meeting shall be held
7separate and apart from meetings held in accordance with the
8student's individualized education program or from meetings
9held in accordance with the student's plan for services under
10Section 504 of the federal Rehabilitation Act of 1973. If a
11parent or guardian requests a meeting, the meeting shall be
12convened within 2 school days after the request, provided that
13the 2-school day limitation shall be extended if requested by
14the parent or guardian. The parent or guardian may also
15request that the meeting be convened via telephone or video
16conference.
17    The meeting shall include the student, if appropriate, at
18least one school staff member involved in the incident of
19isolated time out, time out, or physical restraint, the
20student's parent or guardian, and at least one appropriate
21school staff member not involved in the incident of isolated
22time out, time out, or physical restraint, such as a social
23worker, psychologist, nurse, or behavioral specialist. During
24the meeting, the school staff member or members involved in
25the incident of isolated time out, time out, or physical
26restraint, the student, and the student's parent or guardian,

 

 

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1if applicable, shall be provided an opportunity to describe
2(i) the events that occurred prior to the incident of isolated
3time out, time out, or physical restraint and any actions that
4were taken by school personnel or the student leading up to the
5incident; (ii) the incident of isolated time out, time out, or
6physical restraint; and (iii) the events that occurred or the
7actions that were taken following the incident of isolated
8time out, time out, or physical restraint and whether the
9student returned to regular school activities and, if not, how
10the student spent the remainder of the school day. All parties
11present at the meeting shall have the opportunity to discuss
12what school personnel could have done differently to avoid the
13incident of isolated time out, time out, or physical restraint
14and what alternative courses of action, if any, the school can
15take to support the student and to avoid the future use of
16isolated time out, time out, or physical restraint. At no
17point may a student be excluded from school solely because a
18meeting has not occurred.
19    A summary of the meeting and any agreements or conclusions
20reached during the meeting shall be documented in writing and
21shall become part of the student's school record. A copy of the
22documents shall be provided to the student's parent or
23guardian. If a parent or guardian does not request a meeting
24within 10 school days after the school has provided the
25documents to the parent or guardian or if a parent or guardian
26fails to attend a requested meeting, that fact shall be

 

 

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1documented as part of the student's school record.
2    (h) Whenever isolated time out, time out, or physical
3restraint is used physical restraints are used, school
4personnel shall fully document and report to the State Board
5of Education the incident, including the events leading up to
6the incident, what alternative measures that are less
7restrictive and intrusive were used prior to the use of
8isolated time out, time out, or physical restraint, why those
9measures were ineffective or deemed inappropriate, the type of
10restraint, isolated time out, or time out that was used, the
11length of time the student was in isolated time out or time out
12or was is restrained, and the staff involved. The parents or
13guardian of a student and the State Superintendent of
14Education shall be informed whenever isolated time out, time
15out, or physical restraint is restraints are used.
16    Schools shall provide parents and guardians with the
17following information, to be developed by the State Board and
18which may be incorporated into the State Board's prescribed
19physical restraint and time out form at the discretion of the
20State Board, after each incident in which isolated time out,
21time out, or physical restraint is used during the school
22year, in printed form or, upon the written request of the
23parent or guardian, by email:
24        (1) a copy of the standards for when isolated time
25    out, time out, and physical restraint can be used;
26        (2) information about the rights of parents,

 

 

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1    guardians, and students; and
2        (3) information about the parent's or guardian's right
3    to file a complaint with the State Superintendent of
4    Education, the complaint process, and other information to
5    assist the parent or guardian in navigating the complaint
6    process.
7    (i) Any use of isolated time out, time out, or physical
8restraint that is permitted by the board's policy shall be
9implemented in accordance with written procedures.
10(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".