HB4575 102ND GENERAL ASSEMBLY

LRB102 21342 CMG 30454 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4575

Introduced 1/21/2022, by Rep. Deanne M. Mazzochi

SYNOPSIS AS INTRODUCED:

105 ILCS 5/2-3.192 new
105 ILCS 5/10-20.33
105 ILCS 5/10-20.83 new
105 ILCS 5/34-18.20
105 ILCS 5/34-18.78 new

Amends the School Code. If the Governor has declared a disaster due to a public health emergency related to COVID-19 pursuant to the Illinois Emergency Management Agency Act, prohibits the State Board of Education from (i) revoking or removing a school district's recognition status, (ii) revoking a person's educator license, or (iii) prohibiting a school district or student from participating in interscholastic athletics or other activities or events for failing to comply with COVID-19 mitigation efforts, policies, rules, and guidance adopted by the State Board of Education and the Department of Public Health. In provisions concerning the use of isolated time out and time out, makes changes to the definitions of "isolated time out" and "time out". Sets forth procedures concerning the use of isolated time out and time out if the Governor has declared a disaster due to a public health emergency related to COVID-19 pursuant to the Illinois Emergency Management Agency Act. Adds provisions related to disciplinary actions imposed on students who refuse to comply with COVID-19 mitigation efforts in policies, rules, and guidance adopted by the State Board of Education and the Department of Public Health. 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 1. This Act may be referred to as Emmett's Law.

Section 5. The School Code is amended by adding Sections 2-3.192, 10-20.83, and 34-18.78 and by changing Sections 10-20.33 and 34-18.20 as follows:

(105 ILCS 5/2-3.192 new)

Sec. 2-3.192. Prohibitions during COVID-19 public health emergency. Notwithstanding any other provision of law or rule to the contrary, if the Governor has declared a disaster due to a public health emergency related to COVID-19 pursuant to Section 7 of the Illinois Emergency Management Agency Act:

(1) The State Board of Education shall have no authority to revoke or remove a school district's recognition status for failing to comply with COVID-19 mitigation efforts, policies, rules, and guidance adopted by the State Board of Education or the Department of Public Health.

(2) The State Board shall have no authority to revoke a person's license issued under Article 21B of this Code for failing to comply with COVID-19 mitigation efforts, policies, rules, and guidance adopted by the State Board of Education or the Department of Public Health.

(3) No school district or any of its students may be prohibited from participating in interscholastic athletics or other educational or noneducational activities or events for failing to comply with COVID-19 mitigation efforts, policies, rules, and guidance adopted by the State Board of Education or the Department of Public Health.

(105 ILCS 5/10-20.33)

Sec. 10-20.33. Time out, isolated time out, restraint, and necessities; limitations and prohibitions.

(a) The General Assembly finds and declares that the use of isolated time out, time out, and physical restraint on children and youth carries risks to the health and safety of students and staff; therefore, the ultimate goal is to reduce and eventually eliminate the use of those interventions. The General Assembly also finds and declares that the State Board of Education must take affirmative action to lead and support schools in transforming the school culture to reduce and eliminate the use of all such interventions over time.

(b) In this Section:

"Chemical restraint" means the use of medication to control a student's behavior or to restrict a student's freedom of movement. "Chemical restraint" does not include medication that is legally prescribed and administered as part of a student's regular medical regimen to manage behavioral symptoms and treat medical symptoms.

"Isolated time out" means the involuntary confinement of a student alone in a time out room or other enclosure outside of the classroom without a supervising adult in the time out room or enclosure. A supervising adult is not considered to be in a time out room or other enclosure if the supervising adult appears in the time out room or enclosure only through an electronic medium or screen. "Isolated time out" includes the isolation or confinement of a physically healthy student if the isolation or confinement is stated to be for the purpose of COVID-19 mitigation efforts.

"Isolated time out" or "time out" does not include a student-initiated or student-requested break, a student-initiated sensory break or a teacher-initiated sensory break that may include a sensory room containing sensory tools to assist a student to calm and de-escalate, an in-school suspension or detention, or any other appropriate disciplinary measure, including the student's brief removal to the hallway or similar environment.

"Mechanical restraint" means the use of any device or equipment to limit a student's movement or to hold a student immobile. "Mechanical restraint" does not include any restraint used to (i) treat a student's medical needs; (ii) protect a student who is known to be at risk of injury resulting from a lack of coordination or frequent loss of consciousness; (iii) position a student with physical disabilities in a manner specified in the student's individualized education program, federal Section 504 plan, or other plan of care; (iv) provide a supplementary aid, service, or accommodation, including, but not limited to, assistive technology that provides proprioceptive input or aids in self-regulation; or (v) promote student safety in vehicles used to transport students.

"Physical restraint" or "restraint" means holding a student or otherwise restricting a student's movements. "Physical restraint" or "restraint" does not include momentary periods of physical restriction by direct person to person contact, without the aid of material or mechanical devices, that are accomplished with limited force and that are designed to prevent a student from completing an act that would result in potential physical harm to himself, herself, or another or damage to property.

"Prone physical restraint" means a physical restraint in which a student is held face down on the floor or other surface and physical pressure is applied to the student's body to keep the student in the prone position.

"Time out" means a behavior management technique for the purpose of calming or de-escalation that involves the involuntary monitored separation of a student from classmates with a trained adult for part of the school day, only for a brief time, in a nonlocked setting. "Time out" includes the isolation or confinement of a physically healthy student if the isolation or confinement is stated to be for the purpose of COVID-19 mitigation efforts.

(c) Isolated time out, time out, and physical restraint, other than prone physical restraint, may be used only if (i) the student's behavior presents an imminent danger of serious physical harm to the student or to others; (ii) other less restrictive and intrusive measures have been tried and have proven to be ineffective in stopping the imminent danger of serious physical harm; (iii) there is no known medical contraindication to its use on the student; and (iv) the school staff member or members applying the use of time out, isolated time out, or physical restraint on a student have been trained in its safe application, as established by rule by the State Board of Education. Isolated time out is allowed only under limited circumstances as set forth in this Section. If all other requirements under this Section are met, isolated time out may be used only if the adult in the time out room or enclosure is in imminent danger of serious physical harm because the student is unable to cease actively engaging in extreme physical aggression.

(c-5) If the Governor has declared a disaster due to a public health emergency related to COVID-19 pursuant to Section 7 of the Illinois Emergency Management Agency Act or the Governor or any State agency has taken action related to COVID-19 and if the State Board of Education and the Department of Public Health have adopted policies, rules, and guidance concerning COVID-19 mitigation efforts, then isolated time out and time out may not be used by a school district as a disciplinary action if a student refuses to comply with the adopted COVID-19 mitigation efforts, including a student's refusal to wear a face covering at school. However, isolated time out and time out may be used by a school district if the Department of Public Health or the local health department determines, in accordance with rules and policies of the Department of Public Health, that there are specific facts and circumstances that (i) apply to an individual student, (ii) necessitate placing the student under quarantine, and (iii) demonstrate that the student is currently positive for or believed to be positive for COVID-19. Any decision to place a student in isolated time out or time out for a purpose related to COVID-19 must be documented, and the underlying facts and data used to justify the isolation must be specifically listed, cited, and explained as to why the underlying facts and data are applicable only to the specific student in question.

If isolated time out or time out is used on a student for refusing to comply with the adopted COVID-19 mitigation efforts, the student shall be readmitted into the regular classroom following the presentation of a negative COVID-19 test or other written documentation from a physician licensed to practice medicine in all of its branches in this State recommending that the student return to the classroom. No isolated time out or time out may be used on a student for a purpose related to COVID-19 without the prior consent of the student's parent or guardian or a court order.

If exigent circumstances exist that cause the court system to be unavailable in a timely manner or that make it impossible to obtain consent from a parent or guardian or to file a petition within 48 hours after notice of a student's refusal to comply with the adopted COVID-19 mitigation efforts, the school board must file a petition requesting a court order before the commencement of the next scheduled school week or as soon as reasonably possible, whichever is earlier. Failure by the school board to file such a petition shall constitute a waiver of the imposition of discipline for refusal by the student to comply with the adopted COVID-19 mitigation efforts.

No court order may be issued unless the school district seeking the court order has proven, by clear and convincing evidence, that the public's health and welfare are significantly endangered by the student because the student has been exposed to or is reasonably believed to have been exposed to COVID-19. The school district seeking the order must also prove that all other reasonable means of correcting the problem have been exhausted and no less restrictive alternatives to the use of isolated time out or time out exist. For the purposes of this subsection, in determining whether no less restrictive alternatives exist, the court shall consider evidence showing that, under the specific circumstances presented by the case for which an order is sought, isolated time out or time out is the only reasonably protective measure.

Any student who has been or is about to be ordered to be subject to disciplinary measures under this subsection shall have the right to counsel, and no order may be issued without the court appointing counsel if no counsel has otherwise appeared on behalf of the student.

(c-10) Mechanical restraint and chemical restraint are prohibited.

(c-15) Prone restraint is prohibited except when all of the following conditions are satisfied:

(1) The student's Behavior Intervention Plan specifically allows for prone restraint of the student.

(2) The Behavior Intervention Plan was put into place before January 1, 2021.

(3) The student's Behavior Intervention Plan has been approved by the IEP team.

(4) The school staff member or staff members applying the use of prone restraint on a student have been trained in its safe application as established by rule by the State Board of Education.

(5) The school must be able to document and demonstrate to the IEP team that the use of other de-escalation techniques provided for in the student's Behavior Intervention Plan were ineffective.

(6) The use of prone restraint occurs within the 2021-2022 school year. All instances of the utilization of prone restraint must be reported in accordance with the provisions of this amendatory Act of the 102nd General Assembly. Nothing in this Section shall prohibit the State Board of Education from adopting administrative rules that further restrict or disqualify the use of prone restraint.

(d) The use of any of the following rooms or enclosures for an isolated time out or time out purposes is prohibited:

(1) a locked room or a room in which the door is obstructed, prohibiting it from opening;

(2) a confining space such as a closet or box;

(3) a room where the student cannot be continually observed; or

(4) any other room or enclosure or time out procedure that is contrary to current rules adopted by the State Board of Education.

(e) The deprivation of necessities needed to sustain the health of a person, including, without limitation, the denial or unreasonable delay in the provision of the following, is prohibited:

(1) food or liquid at a time when it is customarily served;

(2) medication; or

(3) the use of a restroom.

(f) (Blank).

(g) Following each incident of isolated time out, time out, or physical restraint, but no later than 2 school days after the incident, the principal or another designated administrator shall notify the student's parent or guardian that he or she may request a meeting with appropriate school personnel to discuss the incident. This meeting shall be held separate and apart from meetings held in accordance with the student's individualized education program or from meetings held in accordance with the student's plan for services under Section 504 of the federal Rehabilitation Act of 1973. If a parent or guardian requests a meeting, the meeting shall be convened within 2 school days after the request, provided that the 2-school day limitation shall be extended if requested by the parent or guardian. The parent or guardian may also request that the meeting be convened via telephone or video conference.

The meeting shall include the student, if appropriate, at least one school staff member involved in the incident of isolated time out, time out, or physical restraint, the student's parent or guardian, and at least one appropriate school staff member not involved in the incident of isolated time out, time out, or physical restraint, such as a social worker, psychologist, nurse, or behavioral specialist. During the meeting, the school staff member or members involved in the incident of isolated time out, time out, or physical restraint, the student, and the student's parent or guardian, if applicable, shall be provided an opportunity to describe (i) the events that occurred prior to the incident of isolated time out, time out, or physical restraint and any actions that were taken by school personnel or the student leading up to the incident; (ii) the incident of isolated time out, time out, or physical restraint; and (iii) the events that occurred or the actions that were taken following the incident of isolated time out, time out, or physical restraint and whether the student returned to regular school activities and, if not, how the student spent the remainder of the school day. All parties present at the meeting shall have the opportunity to discuss what school personnel could have done differently to avoid the incident of isolated time out, time out, or physical restraint and what alternative courses of action, if any, the school can take to support the student and to avoid the future use of isolated time out, time out, or physical restraint. At no point may a student be excluded from school solely because a meeting has not occurred.

A summary of the meeting and any agreements or conclusions reached during the meeting shall be documented in writing and shall become part of the student's school record. A copy of the documents shall be provided to the student's parent or guardian. If a parent or guardian does not request a meeting within 10 school days after the school has provided the documents to the parent or guardian or if a parent or guardian fails to attend a requested meeting, that fact shall be documented as part of the student's school record.

(h) Whenever isolated time out, time out, or physical restraint is used, school personnel shall fully document and report to the State Board of Education the incident, including the events leading up to the incident, what alternative measures that are less restrictive and intrusive were used prior to the use of isolated time out, time out, or physical restraint, why those measures were ineffective or deemed inappropriate, the type of restraint, isolated time out, or time out that was used, the length of time the student was in isolated time out or time out or was restrained, and the staff involved. The parents or guardian of a student and the State Superintendent of Education shall be informed whenever isolated time out, time out, or physical restraint is used.

Schools shall provide parents and guardians with the following information, to be developed by the State Board and which may be incorporated into the State Board's prescribed physical restraint and time out form at the discretion of the State Board, after each incident in which isolated time out, time out, or physical restraint is used during the school year, in printed form or, upon the written request of the parent or guardian, by email:

(1) a copy of the standards for when isolated time out, time out, and physical restraint can be used;

(2) information about the rights of parents, guardians, and students; and

(3) information about the parent's or guardian's right to file a complaint with the State Superintendent of Education, the complaint process, and other information to assist the parent or guardian in navigating the complaint process.

(i) Any use of isolated time out, time out, or physical restraint that is permitted by a school board's policy shall be implemented in accordance with written procedures.

(Source: P.A. 102-339, eff. 8-13-21.)

(105 ILCS 5/10-20.83 new)

Sec. 10-20.83. Disciplinary action during COVID-19 public health emergency.

(a) If the Governor has declared a disaster due to a public health emergency related to COVID-19 pursuant to Section 7 of the Illinois Emergency Management Agency Act and the State Board of Education and the Department of Public Health have adopted policies, rules, and guidance pertaining to COVID-19 mitigation efforts in schools, each school board shall have the sole authority to enforce disciplinary actions, in a manner not inconsistent with this Code, if a student refuses to comply with the adopted mitigation efforts. The State Board and the Department of Public Health shall have no authority to enforce or enact disciplinary actions if a student refuses to comply with the adopted mitigation efforts.

(b) Each school board shall adopt a disciplinary policy for students who refuse to comply with the adopted mitigation efforts and shall establish a complaint process in which a student or the student's parent or guardian may appeal a school's disciplinary action against the student for refusing to comply with the adopted mitigation efforts.

The appeals process shall allow a student or the student's parent or guardian to appeal the school's disciplinary action to the school board. The school board shall make a decision on whether the disciplinary action is appropriate. During the appeals process, the student may not be subject to any disciplinary action until the school board determines if the disciplinary action to be taken against the student is appropriate. In each case, the school board must make specific, individualized findings to justify any proposed disciplinary action to be taken against a student.

The student or the student's parent or guardian shall have the right to appeal the school board's decision to the circuit court that has jurisdiction over the school board. For any scientific findings relied on in connection with the school board's decision, the school board shall have the burden of proof to establish by clear and convincing evidence that the proposed disciplinary action and the adopted mitigation efforts are justified, meaningful, or effective. In determining whether the mitigation efforts are justified or the disciplinary action is appropriate, a court may not give any administrative deference to the State Board of Education, the Department of Public Health, or the school board, unless the findings are particularized to the specific circumstances of the student. No deference may be given to any findings relied on that are based merely on statistical metrics or probabilities. Any person challenging the disciplinary action shall have the right to confront the underlying data and evidence that is being used to impose the disciplinary action.

(105 ILCS 5/34-18.20)

Sec. 34-18.20. Time out, isolated time out, restraint, and necessities; limitations and prohibitions.

(a) The General Assembly finds and declares that the use of isolated time out, time out, and physical restraint on children and youth carries risks to the health and safety of students and staff; therefore, the ultimate goal is to reduce and eventually eliminate the use of those interventions. The General Assembly also finds and declares that the State Board of Education must take affirmative action to lead and support schools in transforming the school culture to reduce and eliminate the use of all such interventions over time.

(b) In this Section:

"Chemical restraint" means the use of medication to control a student's behavior or to restrict a student's freedom of movement. "Chemical restraint" does not include medication that is legally prescribed and administered as part of a student's regular medical regimen to manage behavioral symptoms and treat medical symptoms.

"Isolated time out" means the involuntary confinement of a student alone in a time out room or other enclosure outside of the classroom without a supervising adult in the time out room or enclosure. A supervising adult is not considered to be in a time out room or other enclosure if the supervising adult appears in the time out room or enclosure only through an electronic medium or screen. "Isolated time out" includes the isolation or confinement of a physically healthy student if the isolation or confinement is stated to be for the purpose of COVID-19 mitigation efforts.

"Isolated time out" or "time out" does not include a student-initiated or student-requested break, a student-initiated sensory break or a teacher-initiated sensory break that may include a sensory room containing sensory tools to assist a student to calm and de-escalate, an in-school suspension or detention, or any other appropriate disciplinary measure, including the student's brief removal to the hallway or similar environment.

"Mechanical restraint" means the use of any device or equipment to limit a student's movement or to hold a student immobile. "Mechanical restraint" does not include any restraint used to (i) treat a student's medical needs; (ii) protect a student who is known to be at risk of injury resulting from a lack of coordination or frequent loss of consciousness; (iii) position a student with physical disabilities in a manner specified in the student's individualized education program, federal Section 504 plan, or other plan of care; (iv) provide a supplementary aid, service, or accommodation, including, but not limited to, assistive technology that provides proprioceptive input or aids in self-regulation; or (v) promote student safety in vehicles used to transport students.

"Physical restraint" or "restraint" means holding a student or otherwise restricting a student's movements. "Physical restraint" or "restraint" does not include momentary periods of physical restriction by direct person to person contact, without the aid of material or mechanical devices, that are accomplished with limited force and that are designed to prevent a student from completing an act that would result in potential physical harm to himself, herself, or another or damage to property.

"Prone physical restraint" means a physical restraint in which a student is held face down on the floor or other surface and physical pressure is applied to the student's body to keep the student in the prone position.

"Time out" means a behavior management technique for the purpose of calming or de-escalation that involves the involuntary monitored separation of a student from classmates with a trained adult for part of the school day, only for a brief time, in a nonlocked setting. "Time out" includes the isolation or confinement of a physically healthy student if the isolation or confinement is stated to be for the purpose of COVID-19 mitigation efforts.

(c) Isolated time out, time out, and physical restraint, other than prone physical restraint, may be used only if (i) the student's behavior presents an imminent danger of serious physical harm to the student or to others; (ii) other less restrictive and intrusive measures have been tried and have proven to be ineffective in stopping the imminent danger of serious physical harm; (iii) there is no known medical contraindication to its use on the student; and (iv) the school staff member or members applying the use of time out, isolated time out, or physical restraint on a student have been trained in its safe application, as established by rule by the State Board of Education. Isolated time out is allowed only under limited circumstances as set forth in this Section. If all other requirements under this Section are met, isolated time out may be used only if the adult in the time out room or enclosure is in imminent danger of serious physical harm because the student is unable to cease actively engaging in extreme physical aggression.

(c-5) If the Governor has declared a disaster due to a public health emergency related to COVID-19 pursuant to Section 7 of the Illinois Emergency Management Agency Act or the Governor or any State agency has taken action related to COVID-19 and if the State Board of Education and the Department of Public Health have adopted policies, rules, and guidance concerning COVID-19 mitigation efforts, then isolated time out and time out may not be used by a school district as a disciplinary action if a student refuses to comply with the adopted COVID-19 mitigation efforts, including a student's refusal to wear a face covering at school. However, isolated time out and time out may be used by a school district if the Department of Public Health or the local health department determines, in accordance with rules and policies of the Department of Public Health, that there are specific facts and circumstances that (i) apply to an individual student, (ii) necessitate placing the student under quarantine, and (iii) demonstrate that the student is currently positive for or believed to be positive for COVID-19. Any decision to place a student in isolated time out or time out for a purpose related to COVID-19 must be documented, and the underlying facts and data used to justify the isolation must be specifically listed, cited, and explained as to why the underlying facts and data are applicable only to the specific student in question.

If isolated time out or time out is used on a student for refusing to comply with the adopted COVID-19 mitigation efforts, the student shall be readmitted into the regular classroom following the presentation of a negative COVID-19 test or other written documentation from a physician licensed to practice medicine in all of its branches in this State recommending that the student return to the classroom. No isolated time out or time out may be used on a student for a purpose related to COVID-19 without the prior consent of the student's parent or guardian or a court order.

If exigent circumstances exist that cause the court system to be unavailable in a timely manner or that make it impossible to obtain consent from a parent or guardian or to file a petition within 48 hours after notice of a student's refusal to comply with the adopted COVID-19 mitigation efforts, the school board must file a petition requesting a court order before the commencement of the next scheduled school week or as soon as reasonably possible, whichever is earlier. Failure by the school board to file such a petition shall constitute a waiver of the imposition of discipline for refusal by the student to comply with the adopted COVID-19 mitigation efforts.

No court order may be issued unless the school district seeking the court order has proven, by clear and convincing evidence, that the public's health and welfare are significantly endangered by the student because the student has been exposed to or is reasonably believed to have been exposed to COVID-19. The school district seeking the order must also prove that all other reasonable means of correcting the problem have been exhausted and no less restrictive alternatives to the use of isolated time out or time out exist. For the purposes of this subsection, in determining whether no less restrictive alternatives exist, the court shall consider evidence showing that, under the specific circumstances presented by the case for which an order is sought, isolated time out or time out is the only reasonably protective measure.

Any student who has been or is about to be ordered to be subject to disciplinary measures under this subsection shall have the right to counsel, and no order may be issued without the court appointing counsel if no counsel has otherwise appeared on behalf of the student.

(c-10) Mechanical restraint and chemical restraint are prohibited.

(c-15) Prone restraint is prohibited except when all of the following conditions are satisfied:

(1) The student's Behavior Intervention Plan specifically allows for prone restraint of the student.

(2) The Behavior Intervention Plan was put into place before January 1, 2021.

(3) The student's Behavior Intervention Plan has been approved by the IEP team.

(4) The school staff member or staff members applying the use of prone restraint on a student have been trained in its safe application as established by rule by the State Board of Education.

(5) The school must be able to document and demonstrate to the IEP team that the use of other de-escalation techniques provided for in the student's Behavior Intervention Plan were ineffective.

(6) The use of prone restraint occurs within the school years of 2021-2022 and 2022-2023. All instances of the utilization of prone restraint must be reported in accordance with the provisions of this amendatory Act of the 102nd General Assembly. Nothing in this Section shall prohibit the State Board of Education from adopting administrative rules that further restrict or disqualify the use of prone restraint.

(d) The use of any of the following rooms or enclosures for an isolated time out or time out purposes is prohibited:

(1) a locked room or a room in which the door is obstructed, prohibiting it from opening;

(2) a confining space such as a closet or box;

(3) a room where the student cannot be continually observed; or

(4) any other room or enclosure or time out procedure that is contrary to current rules adopted by the State Board of Education.

(e) The deprivation of necessities needed to sustain the health of a person, including, without limitation, the denial or unreasonable delay in the provision of the following, is prohibited:

(1) food or liquid at a time when it is customarily served;

(2) medication; or

(3) the use of a restroom.

(f) (Blank).

(g) Following each incident of isolated time out, time out, or physical restraint, but no later than 2 school days after the incident, the principal or another designated administrator shall notify the student's parent or guardian that he or she may request a meeting with appropriate school personnel to discuss the incident. This meeting shall be held separate and apart from meetings held in accordance with the student's individualized education program or from meetings held in accordance with the student's plan for services under Section 504 of the federal Rehabilitation Act of 1973. If a parent or guardian requests a meeting, the meeting shall be convened within 2 school days after the request, provided that the 2-school day limitation shall be extended if requested by the parent or guardian. The parent or guardian may also request that the meeting be convened via telephone or video conference.

The meeting shall include the student, if appropriate, at least one school staff member involved in the incident of isolated time out, time out, or physical restraint, the student's parent or guardian, and at least one appropriate school staff member not involved in the incident of isolated time out, time out, or physical restraint, such as a social worker, psychologist, nurse, or behavioral specialist. During the meeting, the school staff member or members involved in the incident of isolated time out, time out, or physical restraint, the student, and the student's parent or guardian, if applicable, shall be provided an opportunity to describe (i) the events that occurred prior to the incident of isolated time out, time out, or physical restraint and any actions that were taken by school personnel or the student leading up to the incident; (ii) the incident of isolated time out, time out, or physical restraint; and (iii) the events that occurred or the actions that were taken following the incident of isolated time out, time out, or physical restraint and whether the student returned to regular school activities and, if not, how the student spent the remainder of the school day. All parties present at the meeting shall have the opportunity to discuss what school personnel could have done differently to avoid the incident of isolated time out, time out, or physical restraint and what alternative courses of action, if any, the school can take to support the student and to avoid the future use of isolated time out, time out, or physical restraint. At no point may a student be excluded from school solely because a meeting has not occurred.

A summary of the meeting and any agreements or conclusions reached during the meeting shall be documented in writing and shall become part of the student's school record. A copy of the documents shall be provided to the student's parent or guardian. If a parent or guardian does not request a meeting within 10 school days after the school has provided the documents to the parent or guardian or if a parent or guardian fails to attend a requested meeting, that fact shall be documented as part of the student's school record.

(h) Whenever isolated time out, time out, or physical restraint is used, school personnel shall fully document and report to the State Board of Education the incident, including the events leading up to the incident, what alternative measures that are less restrictive and intrusive were used prior to the use of isolated time out, time out, or physical restraint, why those measures were ineffective or deemed inappropriate, the type of restraint, isolated time out, or time out that was used, the length of time the student was in isolated time out or time out or was restrained, and the staff involved. The parents or guardian of a student and the State Superintendent of Education shall be informed whenever isolated time out, time out, or physical restraint is used.

Schools shall provide parents and guardians with the following information, to be developed by the State Board and which may be incorporated into the State Board's prescribed physical restraint and time out form at the discretion of the State Board, after each incident in which isolated time out, time out, or physical restraint is used during the school year, in printed form or, upon the written request of the parent or guardian, by email:

(1) a copy of the standards for when isolated time out, time out, and physical restraint can be used;

(2) information about the rights of parents, guardians, and students; and

(3) information about the parent's or guardian's right to file a complaint with the State Superintendent of Education, the complaint process, and other information to assist the parent or guardian in navigating the complaint process.

(i) Any use of isolated time out, time out, or physical restraint that is permitted by the board's policy shall be implemented in accordance with written procedures.

(Source: P.A. 102-339, eff. 8-13-21.)

(105 ILCS 5/34-18.78 new)

Sec. 34-18.78. Disciplinary action during COVID-19 public health emergency.

(a) If the Governor has declared a disaster due to a public health emergency related to COVID-19 pursuant to Section 7 of the Illinois Emergency Management Agency Act and the State Board of Education and the Department of Public Health have adopted policies, rules, and guidance pertaining to COVID-19 mitigation efforts in schools, the board shall have the sole authority to enforce disciplinary actions, in a manner not inconsistent with this Code, if a student refuses to comply with the adopted mitigation efforts. The State Board and the Department of Public Health shall have no authority to enforce or enact disciplinary actions if a student refuses to comply with the adopted mitigation efforts.

(b) The board shall adopt a disciplinary policy for students who refuse to comply with the adopted mitigation efforts and shall establish a complaint process in which a student or the student's parent or guardian may appeal a school's disciplinary action against the student for refusing to comply with the adopted mitigation efforts.

The appeals process shall allow a student or the student's parent or guardian to appeal the school's disciplinary action to the board. The board shall make a decision on whether the disciplinary action is appropriate. During the appeals process, the student may not be subject to any disciplinary action until the board determines if the disciplinary action to be taken against the student is appropriate. In each case, the board must make specific, individualized findings to justify any proposed disciplinary action to be taken against a student.

The student or the student's parent or guardian shall have the right to appeal the board's decision to the circuit court that has jurisdiction over the board. For any scientific findings relied on in connection with the board's decision, the board shall have the burden of proof to establish by clear and convincing evidence that the proposed disciplinary action and the adopted mitigation efforts are justified, meaningful, or effective. In determining whether the mitigation efforts are justified or the disciplinary action is appropriate, a court may not give any administrative deference to the State Board of Education, the Department of Public Health, or the board, unless the findings are particularized to the specific circumstances of the student. No deference may be given to any findings relied on that are based merely on statistical metrics or probabilities. Any person challenging the disciplinary action shall have the right to confront the underlying data and evidence that is being used to impose the disciplinary action.

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