Illinois General Assembly - Illinois Compiled Statutes

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105 ILCS 5/14-8.05

(105 ILCS 5/14-8.05) (from Ch. 122, par. 14-8.05)

Sec. 14-8.05.

Behavioral intervention.

(a) The General Assembly finds and declares that principals and teachers
of students with disabilities require training and guidance that provide
ways for working successfully with children who have difficulties
conforming to acceptable behavioral patterns in order to provide an
environment in which learning can occur.  It is the intent of the General
Assembly:

(1) That when behavioral interventions are used, they

be used in consideration of the pupil's physical freedom and social interaction, and be administered in a manner that respects human dignity and personal privacy and that ensures a pupil's right to placement in the least restrictive educational environment.

(2) That behavioral management plans be developed and

used, to the extent possible, in a consistent manner when a local educational agency has placed the pupil in a day or residential setting for education purposes.

(3) That a statewide study be conducted of the use of

behavioral interventions with students with disabilities receiving special education and related services.

(4) That training programs be developed and

implemented in institutions of higher education that train teachers, and that in-service training programs be made available as necessary in school districts, in educational service centers, and by regional superintendents of schools to assure that adequately trained staff are available to work effectively with the behavioral intervention needs of students with disabilities.

(b) On or before September 30, 1993, the State Superintendent of Education
shall conduct a statewide study of the use of behavioral interventions with
students with disabilities receiving special education and related
services.  The study shall include, but not necessarily be limited to
identification of the frequency in the use of behavioral interventions; the
number of districts with policies in place for working with children
exhibiting continuous serious behavioral problems; how policies, rules, or
regulations within districts differ between emergency and routine
behavioral interventions commonly practiced; the nature and extent of costs
for training provided to personnel for implementing a program of
nonaversive behavioral interventions; and the nature and extent of costs
for training provided to parents of students with disabilities who would
be receiving behavioral interventions.  The scope of the study shall be
developed by the State Board of Education, in consultation with individuals and
groups representing parents, teachers, administrators, and advocates.  On or
before June 30, 1994, the State Board of Education shall issue guidelines based
on the study's findings.  The guidelines shall address, but not be limited to,
the following:  (i) appropriate behavioral interventions, and (ii) how to
properly document the need for and use of behavioral interventions in the
process of developing individualized education plans for students with
disabilities.  The guidelines shall be used as a reference to assist school
boards in developing local policies and procedures in accordance with this
Section.  The State Board of Education, with the advice of parents of students
with disabilities and other parents, teachers, administrators, advocates for
persons with disabilities, and individuals with knowledge or expertise in the
development and implementation of behavioral interventions for persons with
disabilities, shall review its behavioral intervention guidelines at least once
every 3 years to determine their continuing appropriateness and effectiveness
and shall make such modifications in the guidelines as it deems necessary.

(c) Each school board must establish and maintain a committee to develop
policies and procedures on the use of behavioral interventions for students
with disabilities who require behavioral intervention.  The policies and
procedures shall be adopted and implemented by school boards by January 1,
1996, shall be amended as necessary to comply with the rules established by
the State Board of Education under Section 2-3.130 of this Code
not later than one month after commencement of the school year after the State
Board of Education's rules are adopted,
and shall: (i) be developed with the advice of parents with students
with disabilities and other parents, teachers, administrators, advocates for
persons with disabilities, and individuals with knowledge or expertise in the
development and implementation of behavioral interventions for persons with
disabilities; (ii) emphasize positive interventions that are designed to
develop and strengthen desirable behaviors; (iii) incorporate procedures and
methods consistent with generally accepted practice in the field of behavioral
intervention; (iv) include criteria for determining when a student with
disabilities may require a behavioral intervention plan; (v) reflect that the
guidelines of the State Board of Education have been reviewed and considered
and provide the address of the State Board of Education so that copies of the
State Board of Education behavioral guidelines may be requested; and (vi)
include procedures for monitoring the use of restrictive behavioral
interventions.  Each school board shall (i) furnish a copy of its local
policies and procedures to parents and guardians of all students with
individualized education plans within 15 days after the policies and procedures
have been adopted by the school board, or within 15 days after the school board
has amended its policies and procedures, or at the time an individualized
education plan is first implemented for the student, and (ii) require that each
school inform its students of the existence of the policies and procedures
annually.  Provided, at the annual individualized education plan review, the
school board shall (1) explain the local policies and procedures, (2) furnish a
copy of the local policies to parents and guardians, and (3) make available,
upon request of any parents and guardians, a copy of local procedures.

(d) The State Superintendent of Education shall consult with representatives
of institutions of higher education and the State Teacher Certification Board
in regard to the current training requirements for teachers to ensure that
sufficient training is available in appropriate behavioral interventions
consistent with professionally accepted practices and standards for people
entering the field of education.

(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)