SB2323 101ST GENERAL ASSEMBLY

LRB101 15669 NHT 65018 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2323

Introduced 1/8/2020, by Sen. David Koehler

SYNOPSIS AS INTRODUCED:

105 ILCS 5/14-8.05

from Ch. 122, par. 14-8.05

Amends the Children with Disabilities Article of the School Code. Removes obsolete language in provisions concerning behavioral interventions for students with disabilities who require behavioral intervention. Makes changes concerning a school board's policies and procedures on the use of behavioral interventions, including requirements related to the use of time outs and physical restraint. Allows for complaints to be filed with the State Superintendent of Education. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Section 14-8.05 as follows:

(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) (Blank). 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 ensure 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 use of behavioral interventions with students with disabilities receiving special education and related services 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 programs 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 require that a student's individualized education program be followed with respect to any behavioral intervention be adopted and implemented by school boards by January 1, 1996, shall be consistent with and 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, including the performance a functional behavioral analysis; (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.

The policies and procedures shall comply with all of the following:

(1) Time outs and physical restraint may be used only as a behavioral intervention technique, not as a punishment, and may be used only in accordance with this Code and rules adopted by the State Board of Education.

(2) If an enclosure with a door is used for a time out, the door must be unlocked for the duration of the time out.

(3) For the duration of any time out, the student must be supervised by an adult trained in the use of time out as a behavioral intervention technique.

(4) Any use of a time out or physical restraint on a student must be reported to the State Board of Education within 48 hours after its use, along with student demographic information, including the student's gender and race or ethnicity, and any other information required by rule.

(c-5) Each school board shall (i) furnish a copy of its local policies and procedures under subsection (c) to parents and guardians of all students with individualized education programs 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 program 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. However Provided, at the annual individualized education program 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.

(c-10) Information collected under paragraph (4) of subsection (c) and compiled by the State Board of Education must be disaggregated by gender and by race or ethnicity.

(c-15) If an entity serving a student with disabilities violates this Section or applicable rules of the State Board of Education, a person may file a complaint with the State Superintendent of Education.

(d) The State Superintendent of Education shall consult with representatives of institutions of higher education and the State Educator Preparation and Licensure 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.)

Section 99. Effective date. This Act takes effect upon becoming law.