HB5326 101ST GENERAL ASSEMBLY

LRB101 19189 CMG 68652 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5326

Introduced , by Rep. Fred Crespo

SYNOPSIS AS INTRODUCED:

105 ILCS 5/2-3.182 new

Amends the School Code. Requires Equip for Equality, a State protection and advocacy system, to establish a monitoring team to work in collaboration with the State Board of Education to: (1) conduct monitoring of time out and physical restraint in schools and programs; (2) develop criteria for selecting schools and programs where onsite monitoring shall be conducted; (3) develop protocols for monitoring activity, including frequency and methods for gathering information and data; and (4) determine the frequency and format of reporting by the investigation unit to the State Board of Education. Requires Equip for Equity to submit an annual report to the Governor, General Assembly, and the State Superintendent of Education. Effective immediately.

FISCAL NOTE ACT MAY APPLY

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 adding Section 2-3.182 as follows:

(105 ILCS 5/2-3.182 new)

Sec. 2-3.182. State oversight and independent monitoring of the use of time out and physical restraint.

(a) The General Assembly finds and declares that:

(1) Isolated time out and physical restraint are inherently dangerous interventions that may exacerbate existing mental health conditions and cause long-lasting emotional trauma, serious physical harm, and even death.

(2) Despite existing law and rules prohibiting the use of isolated time out or physical restraint in schools for any reason other than safety, these interventions are routinely used as a means of punishment or discipline or to compel compliance in non-emergency situations when there is no imminent threat of serious harm to the student or others.

(3) Until recently adopted emergency rules by the State Board of Education, there was no requirement that schools report incidents of isolated time out or physical restraint to the State Board of Education, and oversight and monitoring of these practices was minimal at best. This system of self-policing has been wholly ineffective in protecting vulnerable children and youth from the widespread, abusive use of these interventions.

(4) To protect students from further misuse of these practices, it is essential that the State Board establish a strong system of school oversight and accountability that includes independent monitoring of these practices in schools.

(5) The Governor-designated, federally-mandated protection and advocacy system for the State of Illinois, Equip for Equality, has broad authority under State and federal law to investigate suspected abuse or neglect, including the misuse of restraint and seclusion, and monitor for safety and protection of individual rights in covered facilities, including in public and private schools.

(6) In 2002, with direct funding from the Centers for Medicare and Medicaid Services as a result of a congressional earmark to Equip for Equality for this purpose, an independent monitoring and abuse and neglect investigations unit was established, with matching funds from the Department of Human Services and Department of Public Health. The goal of this new program was to enhance safety, care, and treatment, improve the quality of life for children and adults with disabilities, and improve State investigatory systems working in collaboration with the State of Illinois.

(7) Equip for Equality has conducted independent facility monitoring and abuse and neglect investigations in partnership with State agencies that has led to reforms and system-wide improvements.

(8) The facility monitoring and abuse and neglect investigations unit at Equip for Equality includes professionals with legal, investigative, and clinical backgrounds.

(9) The unit has conducted monitoring of troubled programs and facilities and has developed tools to effectively examine compliance with the laws governing the use of restraints and seclusion.

(10) For several decades, Equip for Equality has conducted in depth reviews of restraint and seclusion practices, including:

(A) review of restraint and seclusion incident reports at State-operated mental health and developmental centers, finding a systemic failure to comply with State law and widespread, punitive uses of these practices;

(B) psychiatric units at general hospitals, documenting wide-spread non-compliance with federal and State standards; and

(C) a national examination of restraint-related deaths of children and adults in a wide array of settings, including schools, camps, hospitals, emergency rooms, and nursing homes.

(11) Equip for Equality is uniquely qualified and positioned to assist with the State Board of Education's oversight of these practices by serving as an independent monitor.

(b) With funding appropriated by the General Assembly for this purpose, Equip for Equality shall establish a monitoring team that will work in collaboration with the State Board of Education to:

(1) conduct monitoring of time out and physical restraint in schools and programs;

(2) develop criteria for selecting schools and programs where onsite monitoring will be conducted;

(3) develop protocols for monitoring activity, including frequency and methods for gathering information and data; and

(4) determine the frequency and format of reporting by the investigation unit to the State Board of Education.

(c) Equip for Equality shall submit an annual report to the Governor, General Assembly, and the State Superintendent of Education.

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