Illinois General Assembly - Full Text of HB4575
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Full Text of HB4575  102nd General Assembly

HB4575 102ND GENERAL ASSEMBLY

  
  

 


 
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.


LRB102 21342 CMG 30454 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB4575LRB102 21342 CMG 30454 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as Emmett's Law.
 
5    Section 5. The School Code is amended by adding Sections
62-3.192, 10-20.83, and 34-18.78 and by changing Sections
710-20.33 and 34-18.20 as follows:
 
8    (105 ILCS 5/2-3.192 new)
9    Sec. 2-3.192. Prohibitions during COVID-19 public health
10emergency. Notwithstanding any other provision of law or rule
11to the contrary, if the Governor has declared a disaster due to
12a public health emergency related to COVID-19 pursuant to
13Section 7 of the Illinois Emergency Management Agency Act:
14        (1) The State Board of Education shall have no
15    authority to revoke or remove a school district's
16    recognition status for failing to comply with COVID-19
17    mitigation efforts, policies, rules, and guidance adopted
18    by the State Board of Education or the Department of
19    Public Health.
20        (2) The State Board shall have no authority to revoke
21    a person's license issued under Article 21B of this Code
22    for failing to comply with COVID-19 mitigation efforts,

 

 

HB4575- 2 -LRB102 21342 CMG 30454 b

1    policies, rules, and guidance adopted by the State Board
2    of Education or the Department of Public Health.
3        (3) No school district or any of its students may be
4    prohibited from participating in interscholastic athletics
5    or other educational or noneducational activities or
6    events for failing to comply with COVID-19 mitigation
7    efforts, policies, rules, and guidance adopted by the
8    State Board of Education or the Department of Public
9    Health.
 
10    (105 ILCS 5/10-20.33)
11    Sec. 10-20.33. Time out, isolated time out, restraint, and
12necessities; limitations and prohibitions.
13    (a) The General Assembly finds and declares that the use
14of isolated time out, time out, and physical restraint on
15children and youth carries risks to the health and safety of
16students and staff; therefore, the ultimate goal is to reduce
17and eventually eliminate the use of those interventions. The
18General Assembly also finds and declares that the State Board
19of Education must take affirmative action to lead and support
20schools in transforming the school culture to reduce and
21eliminate the use of all such interventions over time.
22    (b) In this Section:
23    "Chemical restraint" means the use of medication to
24control a student's behavior or to restrict a student's
25freedom of movement. "Chemical restraint" does not include

 

 

HB4575- 3 -LRB102 21342 CMG 30454 b

1medication that is legally prescribed and administered as part
2of a student's regular medical regimen to manage behavioral
3symptoms and treat medical symptoms.
4    "Isolated time out" means the involuntary confinement of a
5student alone in a time out room or other enclosure outside of
6the classroom without a supervising adult in the time out room
7or enclosure. A supervising adult is not considered to be in a
8time out room or other enclosure if the supervising adult
9appears in the time out room or enclosure only through an
10electronic medium or screen. "Isolated time out" includes the
11isolation or confinement of a physically healthy student if
12the isolation or confinement is stated to be for the purpose of
13COVID-19 mitigation efforts.
14    "Isolated time out" or "time out" does not include a
15student-initiated or student-requested break, a
16student-initiated sensory break or a teacher-initiated sensory
17break that may include a sensory room containing sensory tools
18to assist a student to calm and de-escalate, an in-school
19suspension or detention, or any other appropriate disciplinary
20measure, including the student's brief removal to the hallway
21or similar environment.
22    "Mechanical restraint" means the use of any device or
23equipment to limit a student's movement or to hold a student
24immobile. "Mechanical restraint" does not include any
25restraint used to (i) treat a student's medical needs; (ii)
26protect a student who is known to be at risk of injury

 

 

HB4575- 4 -LRB102 21342 CMG 30454 b

1resulting from a lack of coordination or frequent loss of
2consciousness; (iii) position a student with physical
3disabilities in a manner specified in the student's
4individualized education program, federal Section 504 plan, or
5other plan of care; (iv) provide a supplementary aid, service,
6or accommodation, including, but not limited to, assistive
7technology that provides proprioceptive input or aids in
8self-regulation; or (v) promote student safety in vehicles
9used to transport students.
10    "Physical restraint" or "restraint" means holding a
11student or otherwise restricting a student's movements.
12"Physical restraint" or "restraint" does not include momentary
13periods of physical restriction by direct person to person
14contact, without the aid of material or mechanical devices,
15that are accomplished with limited force and that are designed
16to prevent a student from completing an act that would result
17in potential physical harm to himself, herself, or another or
18damage to property.
19    "Prone physical restraint" means a physical restraint in
20which a student is held face down on the floor or other surface
21and physical pressure is applied to the student's body to keep
22the student in the prone position.
23    "Time out" means a behavior management technique for the
24purpose of calming or de-escalation that involves the
25involuntary monitored separation of a student from classmates
26with a trained adult for part of the school day, only for a

 

 

HB4575- 5 -LRB102 21342 CMG 30454 b

1brief time, in a nonlocked setting. "Time out" includes the
2isolation or confinement of a physically healthy student if
3the isolation or confinement is stated to be for the purpose of
4COVID-19 mitigation efforts.
5    (c) Isolated time out, time out, and physical restraint,
6other than prone physical restraint, may be used only if (i)
7the student's behavior presents an imminent danger of serious
8physical harm to the student or to others; (ii) other less
9restrictive and intrusive measures have been tried and have
10proven to be ineffective in stopping the imminent danger of
11serious physical harm; (iii) there is no known medical
12contraindication to its use on the student; and (iv) the
13school staff member or members applying the use of time out,
14isolated time out, or physical restraint on a student have
15been trained in its safe application, as established by rule
16by the State Board of Education. Isolated time out is allowed
17only under limited circumstances as set forth in this Section.
18If all other requirements under this Section are met, isolated
19time out may be used only if the adult in the time out room or
20enclosure is in imminent danger of serious physical harm
21because the student is unable to cease actively engaging in
22extreme physical aggression.
23    (c-5) If the Governor has declared a disaster due to a
24public health emergency related to COVID-19 pursuant to
25Section 7 of the Illinois Emergency Management Agency Act or
26the Governor or any State agency has taken action related to

 

 

HB4575- 6 -LRB102 21342 CMG 30454 b

1COVID-19 and if the State Board of Education and the
2Department of Public Health have adopted policies, rules, and
3guidance concerning COVID-19 mitigation efforts, then isolated
4time out and time out may not be used by a school district as a
5disciplinary action if a student refuses to comply with the
6adopted COVID-19 mitigation efforts, including a student's
7refusal to wear a face covering at school. However, isolated
8time out and time out may be used by a school district if the
9Department of Public Health or the local health department
10determines, in accordance with rules and policies of the
11Department of Public Health, that there are specific facts and
12circumstances that (i) apply to an individual student, (ii)
13necessitate placing the student under quarantine, and (iii)
14demonstrate that the student is currently positive for or
15believed to be positive for COVID-19. Any decision to place a
16student in isolated time out or time out for a purpose related
17to COVID-19 must be documented, and the underlying facts and
18data used to justify the isolation must be specifically
19listed, cited, and explained as to why the underlying facts
20and data are applicable only to the specific student in
21question.
22    If isolated time out or time out is used on a student for
23refusing to comply with the adopted COVID-19 mitigation
24efforts, the student shall be readmitted into the regular
25classroom following the presentation of a negative COVID-19
26test or other written documentation from a physician licensed

 

 

HB4575- 7 -LRB102 21342 CMG 30454 b

1to practice medicine in all of its branches in this State
2recommending that the student return to the classroom. No
3isolated time out or time out may be used on a student for a
4purpose related to COVID-19 without the prior consent of the
5student's parent or guardian or a court order.
6    If exigent circumstances exist that cause the court system
7to be unavailable in a timely manner or that make it impossible
8to obtain consent from a parent or guardian or to file a
9petition within 48 hours after notice of a student's refusal
10to comply with the adopted COVID-19 mitigation efforts, the
11school board must file a petition requesting a court order
12before the commencement of the next scheduled school week or
13as soon as reasonably possible, whichever is earlier. Failure
14by the school board to file such a petition shall constitute a
15waiver of the imposition of discipline for refusal by the
16student to comply with the adopted COVID-19 mitigation
17efforts.
18    No court order may be issued unless the school district
19seeking the court order has proven, by clear and convincing
20evidence, that the public's health and welfare are
21significantly endangered by the student because the student
22has been exposed to or is reasonably believed to have been
23exposed to COVID-19. The school district seeking the order
24must also prove that all other reasonable means of correcting
25the problem have been exhausted and no less restrictive
26alternatives to the use of isolated time out or time out exist.

 

 

HB4575- 8 -LRB102 21342 CMG 30454 b

1For the purposes of this subsection, in determining whether no
2less restrictive alternatives exist, the court shall consider
3evidence showing that, under the specific circumstances
4presented by the case for which an order is sought, isolated
5time out or time out is the only reasonably protective
6measure.
7    Any student who has been or is about to be ordered to be
8subject to disciplinary measures under this subsection shall
9have the right to counsel, and no order may be issued without
10the court appointing counsel if no counsel has otherwise
11appeared on behalf of the student.
12    (c-10) Mechanical restraint and chemical restraint are
13prohibited.
14    (c-15) Prone restraint is prohibited except when all of
15the following conditions are satisfied:
16        (1) The student's Behavior Intervention Plan
17    specifically allows for prone restraint of the student.
18        (2) The Behavior Intervention Plan was put into place
19    before January 1, 2021.
20        (3) The student's Behavior Intervention Plan has been
21    approved by the IEP team.
22        (4) The school staff member or staff members applying
23    the use of prone restraint on a student have been trained
24    in its safe application as established by rule by the
25    State Board of Education.
26        (5) The school must be able to document and

 

 

HB4575- 9 -LRB102 21342 CMG 30454 b

1    demonstrate to the IEP team that the use of other
2    de-escalation techniques provided for in the student's
3    Behavior Intervention Plan were ineffective.
4        (6) The use of prone restraint occurs within the
5    2021-2022 school year.
6All instances of the utilization of prone restraint must be
7reported in accordance with the provisions of this amendatory
8Act of the 102nd General Assembly. Nothing in this Section
9shall prohibit the State Board of Education from adopting
10administrative rules that further restrict or disqualify the
11use of prone restraint.
12    (d) The use of any of the following rooms or enclosures for
13an isolated time out or time out purposes is prohibited:
14        (1) a locked room or a room in which the door is
15    obstructed, prohibiting it from opening;
16        (2) a confining space such as a closet or box;
17        (3) a room where the student cannot be continually
18    observed; or
19        (4) any other room or enclosure or time out procedure
20    that is contrary to current rules adopted by the State
21    Board of Education.
22    (e) The deprivation of necessities needed to sustain the
23health of a person, including, without limitation, the denial
24or unreasonable delay in the provision of the following, is
25prohibited:
26        (1) food or liquid at a time when it is customarily

 

 

HB4575- 10 -LRB102 21342 CMG 30454 b

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

 

 

HB4575- 11 -LRB102 21342 CMG 30454 b

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

 

 

HB4575- 12 -LRB102 21342 CMG 30454 b

1guardian. If a parent or guardian does not request a meeting
2within 10 school days after the school has provided the
3documents to the parent or guardian or if a parent or guardian
4fails to attend a requested meeting, that fact shall be
5documented as part of the student's school record.
6    (h) Whenever isolated time out, time out, or physical
7restraint is used, school personnel shall fully document and
8report to the State Board of Education the incident, including
9the events leading up to the incident, what alternative
10measures that are less restrictive and intrusive were used
11prior to the use of isolated time out, time out, or physical
12restraint, why those measures were ineffective or deemed
13inappropriate, the type of restraint, isolated time out, or
14time out that was used, the length of time the student was in
15isolated time out or time out or was restrained, and the staff
16involved. The parents or guardian of a student and the State
17Superintendent of Education shall be informed whenever
18isolated time out, time out, or physical restraint is used.
19    Schools shall provide parents and guardians with the
20following information, to be developed by the State Board and
21which may be incorporated into the State Board's prescribed
22physical restraint and time out form at the discretion of the
23State Board, after each incident in which isolated time out,
24time out, or physical restraint is used during the school
25year, in printed form or, upon the written request of the
26parent or guardian, by email:

 

 

HB4575- 13 -LRB102 21342 CMG 30454 b

1        (1) a copy of the standards for when isolated time
2    out, time out, and physical restraint can be used;
3        (2) information about the rights of parents,
4    guardians, and students; and
5        (3) information about the parent's or guardian's right
6    to file a complaint with the State Superintendent of
7    Education, the complaint process, and other information to
8    assist the parent or guardian in navigating the complaint
9    process.
10    (i) Any use of isolated time out, time out, or physical
11restraint that is permitted by a school board's policy shall
12be implemented in accordance with written procedures.
13(Source: P.A. 102-339, eff. 8-13-21.)
 
14    (105 ILCS 5/10-20.83 new)
15    Sec. 10-20.83. Disciplinary action during COVID-19 public
16health emergency.
17    (a) If the Governor has declared a disaster due to a public
18health emergency related to COVID-19 pursuant to Section 7 of
19the Illinois Emergency Management Agency Act and the State
20Board of Education and the Department of Public Health have
21adopted policies, rules, and guidance pertaining to COVID-19
22mitigation efforts in schools, each school board shall have
23the sole authority to enforce disciplinary actions, in a
24manner not inconsistent with this Code, if a student refuses
25to comply with the adopted mitigation efforts. The State Board

 

 

HB4575- 14 -LRB102 21342 CMG 30454 b

1and the Department of Public Health shall have no authority to
2enforce or enact disciplinary actions if a student refuses to
3comply with the adopted mitigation efforts.
4    (b) Each school board shall adopt a disciplinary policy
5for students who refuse to comply with the adopted mitigation
6efforts and shall establish a complaint process in which a
7student or the student's parent or guardian may appeal a
8school's disciplinary action against the student for refusing
9to comply with the adopted mitigation efforts.
10    The appeals process shall allow a student or the student's
11parent or guardian to appeal the school's disciplinary action
12to the school board. The school board shall make a decision on
13whether the disciplinary action is appropriate. During the
14appeals process, the student may not be subject to any
15disciplinary action until the school board determines if the
16disciplinary action to be taken against the student is
17appropriate. In each case, the school board must make
18specific, individualized findings to justify any proposed
19disciplinary action to be taken against a student.
20    The student or the student's parent or guardian shall have
21the right to appeal the school board's decision to the circuit
22court that has jurisdiction over the school board. For any
23scientific findings relied on in connection with the school
24board's decision, the school board shall have the burden of
25proof to establish by clear and convincing evidence that the
26proposed disciplinary action and the adopted mitigation

 

 

HB4575- 15 -LRB102 21342 CMG 30454 b

1efforts are justified, meaningful, or effective. In
2determining whether the mitigation efforts are justified or
3the disciplinary action is appropriate, a court may not give
4any administrative deference to the State Board of Education,
5the Department of Public Health, or the school board, unless
6the findings are particularized to the specific circumstances
7of the student. No deference may be given to any findings
8relied on that are based merely on statistical metrics or
9probabilities. Any person challenging the disciplinary action
10shall have the right to confront the underlying data and
11evidence that is being used to impose the disciplinary action.
 
12    (105 ILCS 5/34-18.20)
13    Sec. 34-18.20. Time out, isolated time out, restraint, and
14necessities; limitations and prohibitions.
15    (a) The General Assembly finds and declares that the use
16of isolated time out, time out, and physical restraint on
17children and youth carries risks to the health and safety of
18students and staff; therefore, the ultimate goal is to reduce
19and eventually eliminate the use of those interventions. The
20General Assembly also finds and declares that the State Board
21of Education must take affirmative action to lead and support
22schools in transforming the school culture to reduce and
23eliminate the use of all such interventions over time.
24    (b) In this Section:
25    "Chemical restraint" means the use of medication to

 

 

HB4575- 16 -LRB102 21342 CMG 30454 b

1control a student's behavior or to restrict a student's
2freedom of movement. "Chemical restraint" does not include
3medication that is legally prescribed and administered as part
4of a student's regular medical regimen to manage behavioral
5symptoms and treat medical symptoms.
6    "Isolated time out" means the involuntary confinement of a
7student alone in a time out room or other enclosure outside of
8the classroom without a supervising adult in the time out room
9or enclosure. A supervising adult is not considered to be in a
10time out room or other enclosure if the supervising adult
11appears in the time out room or enclosure only through an
12electronic medium or screen. "Isolated time out" includes the
13isolation or confinement of a physically healthy student if
14the isolation or confinement is stated to be for the purpose of
15COVID-19 mitigation efforts.
16    "Isolated time out" or "time out" does not include a
17student-initiated or student-requested break, a
18student-initiated sensory break or a teacher-initiated sensory
19break that may include a sensory room containing sensory tools
20to assist a student to calm and de-escalate, an in-school
21suspension or detention, or any other appropriate disciplinary
22measure, including the student's brief removal to the hallway
23or similar environment.
24    "Mechanical restraint" means the use of any device or
25equipment to limit a student's movement or to hold a student
26immobile. "Mechanical restraint" does not include any

 

 

HB4575- 17 -LRB102 21342 CMG 30454 b

1restraint used to (i) treat a student's medical needs; (ii)
2protect a student who is known to be at risk of injury
3resulting from a lack of coordination or frequent loss of
4consciousness; (iii) position a student with physical
5disabilities in a manner specified in the student's
6individualized education program, federal Section 504 plan, or
7other plan of care; (iv) provide a supplementary aid, service,
8or accommodation, including, but not limited to, assistive
9technology that provides proprioceptive input or aids in
10self-regulation; or (v) promote student safety in vehicles
11used to transport students.
12    "Physical restraint" or "restraint" means holding a
13student or otherwise restricting a student's movements.
14"Physical restraint" or "restraint" does not include momentary
15periods of physical restriction by direct person to person
16contact, without the aid of material or mechanical devices,
17that are accomplished with limited force and that are designed
18to prevent a student from completing an act that would result
19in potential physical harm to himself, herself, or another or
20damage to property.
21    "Prone physical restraint" means a physical restraint in
22which a student is held face down on the floor or other surface
23and physical pressure is applied to the student's body to keep
24the student in the prone position.
25    "Time out" means a behavior management technique for the
26purpose of calming or de-escalation that involves the

 

 

HB4575- 18 -LRB102 21342 CMG 30454 b

1involuntary monitored separation of a student from classmates
2with a trained adult for part of the school day, only for a
3brief time, in a nonlocked setting. "Time out" includes the
4isolation or confinement of a physically healthy student if
5the isolation or confinement is stated to be for the purpose of
6COVID-19 mitigation efforts.
7    (c) Isolated time out, time out, and physical restraint,
8other than prone physical restraint, may be used only if (i)
9the student's behavior presents an imminent danger of serious
10physical harm to the student or to others; (ii) other less
11restrictive and intrusive measures have been tried and have
12proven to be ineffective in stopping the imminent danger of
13serious physical harm; (iii) there is no known medical
14contraindication to its use on the student; and (iv) the
15school staff member or members applying the use of time out,
16isolated time out, or physical restraint on a student have
17been trained in its safe application, as established by rule
18by the State Board of Education. Isolated time out is allowed
19only under limited circumstances as set forth in this Section.
20If all other requirements under this Section are met, isolated
21time out may be used only if the adult in the time out room or
22enclosure is in imminent danger of serious physical harm
23because the student is unable to cease actively engaging in
24extreme physical aggression.
25    (c-5) If the Governor has declared a disaster due to a
26public health emergency related to COVID-19 pursuant to

 

 

HB4575- 19 -LRB102 21342 CMG 30454 b

1Section 7 of the Illinois Emergency Management Agency Act or
2the Governor or any State agency has taken action related to
3COVID-19 and if the State Board of Education and the
4Department of Public Health have adopted policies, rules, and
5guidance concerning COVID-19 mitigation efforts, then isolated
6time out and time out may not be used by a school district as a
7disciplinary action if a student refuses to comply with the
8adopted COVID-19 mitigation efforts, including a student's
9refusal to wear a face covering at school. However, isolated
10time out and time out may be used by a school district if the
11Department of Public Health or the local health department
12determines, in accordance with rules and policies of the
13Department of Public Health, that there are specific facts and
14circumstances that (i) apply to an individual student, (ii)
15necessitate placing the student under quarantine, and (iii)
16demonstrate that the student is currently positive for or
17believed to be positive for COVID-19. Any decision to place a
18student in isolated time out or time out for a purpose related
19to COVID-19 must be documented, and the underlying facts and
20data used to justify the isolation must be specifically
21listed, cited, and explained as to why the underlying facts
22and data are applicable only to the specific student in
23question.
24    If isolated time out or time out is used on a student for
25refusing to comply with the adopted COVID-19 mitigation
26efforts, the student shall be readmitted into the regular

 

 

HB4575- 20 -LRB102 21342 CMG 30454 b

1classroom following the presentation of a negative COVID-19
2test or other written documentation from a physician licensed
3to practice medicine in all of its branches in this State
4recommending that the student return to the classroom. No
5isolated time out or time out may be used on a student for a
6purpose related to COVID-19 without the prior consent of the
7student's parent or guardian or a court order.
8    If exigent circumstances exist that cause the court system
9to be unavailable in a timely manner or that make it impossible
10to obtain consent from a parent or guardian or to file a
11petition within 48 hours after notice of a student's refusal
12to comply with the adopted COVID-19 mitigation efforts, the
13school board must file a petition requesting a court order
14before the commencement of the next scheduled school week or
15as soon as reasonably possible, whichever is earlier. Failure
16by the school board to file such a petition shall constitute a
17waiver of the imposition of discipline for refusal by the
18student to comply with the adopted COVID-19 mitigation
19efforts.
20    No court order may be issued unless the school district
21seeking the court order has proven, by clear and convincing
22evidence, that the public's health and welfare are
23significantly endangered by the student because the student
24has been exposed to or is reasonably believed to have been
25exposed to COVID-19. The school district seeking the order
26must also prove that all other reasonable means of correcting

 

 

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1the problem have been exhausted and no less restrictive
2alternatives to the use of isolated time out or time out exist.
3For the purposes of this subsection, in determining whether no
4less restrictive alternatives exist, the court shall consider
5evidence showing that, under the specific circumstances
6presented by the case for which an order is sought, isolated
7time out or time out is the only reasonably protective
8measure.
9    Any student who has been or is about to be ordered to be
10subject to disciplinary measures under this subsection shall
11have the right to counsel, and no order may be issued without
12the court appointing counsel if no counsel has otherwise
13appeared on behalf of the student.
14    (c-10) Mechanical restraint and chemical restraint are
15prohibited.
16    (c-15) Prone restraint is prohibited except when all of
17the following conditions are satisfied:
18        (1) The student's Behavior Intervention Plan
19    specifically allows for prone restraint of the student.
20        (2) The Behavior Intervention Plan was put into place
21    before January 1, 2021.
22        (3) The student's Behavior Intervention Plan has been
23    approved by the IEP team.
24        (4) The school staff member or staff members applying
25    the use of prone restraint on a student have been trained
26    in its safe application as established by rule by the

 

 

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1    State Board of Education.
2        (5) The school must be able to document and
3    demonstrate to the IEP team that the use of other
4    de-escalation techniques provided for in the student's
5    Behavior Intervention Plan were ineffective.
6        (6) The use of prone restraint occurs within the
7    school years of 2021-2022 and 2022-2023.
8All instances of the utilization of prone restraint must be
9reported in accordance with the provisions of this amendatory
10Act of the 102nd General Assembly. Nothing in this Section
11shall prohibit the State Board of Education from adopting
12administrative rules that further restrict or disqualify the
13use of prone restraint.
14    (d) The use of any of the following rooms or enclosures for
15an isolated time out or time out purposes is prohibited:
16        (1) a locked room or a room in which the door is
17    obstructed, prohibiting it from opening;
18        (2) a confining space such as a closet or box;
19        (3) a room where the student cannot be continually
20    observed; or
21        (4) any other room or enclosure or time out procedure
22    that is contrary to current rules adopted by the State
23    Board of Education.
24    (e) The deprivation of necessities needed to sustain the
25health of a person, including, without limitation, the denial
26or unreasonable delay in the provision of the following, is

 

 

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1prohibited:
2        (1) food or liquid at a time when it is customarily
3    served;
4        (2) medication; or
5        (3) the use of a restroom.
6    (f) (Blank).
7    (g) Following each incident of isolated time out, time
8out, or physical restraint, but no later than 2 school days
9after the incident, the principal or another designated
10administrator shall notify the student's parent or guardian
11that he or she may request a meeting with appropriate school
12personnel to discuss the incident. This meeting shall be held
13separate and apart from meetings held in accordance with the
14student's individualized education program or from meetings
15held in accordance with the student's plan for services under
16Section 504 of the federal Rehabilitation Act of 1973. If a
17parent or guardian requests a meeting, the meeting shall be
18convened within 2 school days after the request, provided that
19the 2-school day limitation shall be extended if requested by
20the parent or guardian. The parent or guardian may also
21request that the meeting be convened via telephone or video
22conference.
23    The meeting shall include the student, if appropriate, at
24least one school staff member involved in the incident of
25isolated time out, time out, or physical restraint, the
26student's parent or guardian, and at least one appropriate

 

 

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

 

 

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1shall become part of the student's school record. A copy of the
2documents shall be provided to the student's parent or
3guardian. If a parent or guardian does not request a meeting
4within 10 school days after the school has provided the
5documents to the parent or guardian or if a parent or guardian
6fails to attend a requested meeting, that fact shall be
7documented as part of the student's school record.
8    (h) Whenever isolated time out, time out, or physical
9restraint is used, school personnel shall fully document and
10report to the State Board of Education the incident, including
11the events leading up to the incident, what alternative
12measures that are less restrictive and intrusive were used
13prior to the use of isolated time out, time out, or physical
14restraint, why those measures were ineffective or deemed
15inappropriate, the type of restraint, isolated time out, or
16time out that was used, the length of time the student was in
17isolated time out or time out or was restrained, and the staff
18involved. The parents or guardian of a student and the State
19Superintendent of Education shall be informed whenever
20isolated time out, time out, or physical restraint is used.
21    Schools shall provide parents and guardians with the
22following information, to be developed by the State Board and
23which may be incorporated into the State Board's prescribed
24physical restraint and time out form at the discretion of the
25State Board, after each incident in which isolated time out,
26time out, or physical restraint is used during the school

 

 

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1year, in printed form or, upon the written request of the
2parent or guardian, by email:
3        (1) a copy of the standards for when isolated time
4    out, time out, and physical restraint can be used;
5        (2) information about the rights of parents,
6    guardians, and students; and
7        (3) information about the parent's or guardian's right
8    to file a complaint with the State Superintendent of
9    Education, the complaint process, and other information to
10    assist the parent or guardian in navigating the complaint
11    process.
12    (i) Any use of isolated time out, time out, or physical
13restraint that is permitted by the board's policy shall be
14implemented in accordance with written procedures.
15(Source: P.A. 102-339, eff. 8-13-21.)
 
16    (105 ILCS 5/34-18.78 new)
17    Sec. 34-18.78. Disciplinary action during COVID-19 public
18health emergency.
19    (a) If the Governor has declared a disaster due to a public
20health emergency related to COVID-19 pursuant to Section 7 of
21the Illinois Emergency Management Agency Act and the State
22Board of Education and the Department of Public Health have
23adopted policies, rules, and guidance pertaining to COVID-19
24mitigation efforts in schools, the board shall have the sole
25authority to enforce disciplinary actions, in a manner not

 

 

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1inconsistent with this Code, if a student refuses to comply
2with the adopted mitigation efforts. The State Board and the
3Department of Public Health shall have no authority to enforce
4or enact disciplinary actions if a student refuses to comply
5with the adopted mitigation efforts.
6    (b) The board shall adopt a disciplinary policy for
7students who refuse to comply with the adopted mitigation
8efforts and shall establish a complaint process in which a
9student or the student's parent or guardian may appeal a
10school's disciplinary action against the student for refusing
11to comply with the adopted mitigation efforts.
12    The appeals process shall allow a student or the student's
13parent or guardian to appeal the school's disciplinary action
14to the board. The board shall make a decision on whether the
15disciplinary action is appropriate. During the appeals
16process, the student may not be subject to any disciplinary
17action until the board determines if the disciplinary action
18to be taken against the student is appropriate. In each case,
19the board must make specific, individualized findings to
20justify any proposed disciplinary action to be taken against a
21student.
22    The student or the student's parent or guardian shall have
23the right to appeal the board's decision to the circuit court
24that has jurisdiction over the board. For any scientific
25findings relied on in connection with the board's decision,
26the board shall have the burden of proof to establish by clear

 

 

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1and convincing evidence that the proposed disciplinary action
2and the adopted mitigation efforts are justified, meaningful,
3or effective. In determining whether the mitigation efforts
4are justified or the disciplinary action is appropriate, a
5court may not give any administrative deference to the State
6Board of Education, the Department of Public Health, or the
7board, unless the findings are particularized to the specific
8circumstances of the student. No deference may be given to any
9findings relied on that are based merely on statistical
10metrics or probabilities. Any person challenging the
11disciplinary action shall have the right to confront the
12underlying data and evidence that is being used to impose the
13disciplinary action.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.