Full Text of HB0219 102nd General Assembly
HB0219ham002 102ND GENERAL ASSEMBLY | Rep. Jonathan Carroll Filed: 4/19/2021
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| 1 | | AMENDMENT TO HOUSE BILL 219
| 2 | | AMENDMENT NO. ______. Amend House Bill 219 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Administrative Procedure Act is | 5 | | amended by changing Section 5-45 as follows: | 6 | | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | 7 | | Sec. 5-45. Emergency rulemaking. | 8 | | (a) "Emergency" means the existence of any situation that | 9 | | any agency
finds reasonably constitutes a threat to the public | 10 | | interest, safety, or
welfare. | 11 | | (b) If any agency finds that an
emergency exists that | 12 | | requires adoption of a rule upon fewer days than
is required by | 13 | | Section 5-40 and states in writing its reasons for that
| 14 | | finding, the agency may adopt an emergency rule without prior | 15 | | notice or
hearing upon filing a notice of emergency rulemaking | 16 | | with the Secretary of
State under Section 5-70. The notice |
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| 1 | | shall include the text of the
emergency rule and shall be | 2 | | published in the Illinois Register. Consent
orders or other | 3 | | court orders adopting settlements negotiated by an agency
may | 4 | | be adopted under this Section. Subject to applicable | 5 | | constitutional or
statutory provisions, an emergency rule | 6 | | becomes effective immediately upon
filing under Section 5-65 | 7 | | or at a stated date less than 10 days
thereafter. The agency's | 8 | | finding and a statement of the specific reasons
for the | 9 | | finding shall be filed with the rule. The agency shall take
| 10 | | reasonable and appropriate measures to make emergency rules | 11 | | known to the
persons who may be affected by them. | 12 | | (c) An emergency rule may be effective for a period of not | 13 | | longer than
150 days, but the agency's authority to adopt an | 14 | | identical rule under Section
5-40 is not precluded. No | 15 | | emergency rule may be adopted more
than once in any 24-month | 16 | | period, except that this limitation on the number
of emergency | 17 | | rules that may be adopted in a 24-month period does not apply
| 18 | | to (i) emergency rules that make additions to and deletions | 19 | | from the Drug
Manual under Section 5-5.16 of the Illinois | 20 | | Public Aid Code or the
generic drug formulary under Section | 21 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | 22 | | emergency rules adopted by the Pollution Control
Board before | 23 | | July 1, 1997 to implement portions of the Livestock Management
| 24 | | Facilities Act, (iii) emergency rules adopted by the Illinois | 25 | | Department of Public Health under subsections (a) through (i) | 26 | | of Section 2 of the Department of Public Health Act when |
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| 1 | | necessary to protect the public's health, (iv) emergency rules | 2 | | adopted pursuant to subsection (n) of this Section, (v) | 3 | | emergency rules adopted pursuant to subsection (o) of this | 4 | | Section, or (vi) emergency rules adopted pursuant to | 5 | | subsection (c-5) of this Section. Two or more emergency rules | 6 | | having substantially the same
purpose and effect shall be | 7 | | deemed to be a single rule for purposes of this
Section. | 8 | | (c-5) To facilitate the maintenance of the program of | 9 | | group health benefits provided to annuitants, survivors, and | 10 | | retired employees under the State Employees Group Insurance | 11 | | Act of 1971, rules to alter the contributions to be paid by the | 12 | | State, annuitants, survivors, retired employees, or any | 13 | | combination of those entities, for that program of group | 14 | | health benefits, shall be adopted as emergency rules. The | 15 | | adoption of those rules shall be considered an emergency and | 16 | | necessary for the public interest, safety, and welfare. | 17 | | (d) In order to provide for the expeditious and timely | 18 | | implementation
of the State's fiscal year 1999 budget, | 19 | | emergency rules to implement any
provision of Public Act | 20 | | 90-587 or 90-588
or any other budget initiative for fiscal | 21 | | year 1999 may be adopted in
accordance with this Section by the | 22 | | agency charged with administering that
provision or | 23 | | initiative, except that the 24-month limitation on the | 24 | | adoption
of emergency rules and the provisions of Sections | 25 | | 5-115 and 5-125 do not apply
to rules adopted under this | 26 | | subsection (d). The adoption of emergency rules
authorized by |
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| 1 | | this subsection (d) shall be deemed to be necessary for the
| 2 | | public interest, safety, and welfare. | 3 | | (e) In order to provide for the expeditious and timely | 4 | | implementation
of the State's fiscal year 2000 budget, | 5 | | emergency rules to implement any
provision of Public Act 91-24
| 6 | | or any other budget initiative for fiscal year 2000 may be | 7 | | adopted in
accordance with this Section by the agency charged | 8 | | with administering that
provision or initiative, except that | 9 | | the 24-month limitation on the adoption
of emergency rules and | 10 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 11 | | rules adopted under this subsection (e). The adoption of | 12 | | emergency rules
authorized by this subsection (e) shall be | 13 | | deemed to be necessary for the
public interest, safety, and | 14 | | welfare. | 15 | | (f) In order to provide for the expeditious and timely | 16 | | implementation
of the State's fiscal year 2001 budget, | 17 | | emergency rules to implement any
provision of Public Act | 18 | | 91-712
or any other budget initiative for fiscal year 2001 may | 19 | | be adopted in
accordance with this Section by the agency | 20 | | charged with administering that
provision or initiative, | 21 | | except that the 24-month limitation on the adoption
of | 22 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 23 | | do not apply
to rules adopted under this subsection (f). The | 24 | | adoption of emergency rules
authorized by this subsection (f) | 25 | | shall be deemed to be necessary for the
public interest, | 26 | | safety, and welfare. |
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| 1 | | (g) In order to provide for the expeditious and timely | 2 | | implementation
of the State's fiscal year 2002 budget, | 3 | | emergency rules to implement any
provision of Public Act 92-10
| 4 | | or any other budget initiative for fiscal year 2002 may be | 5 | | adopted in
accordance with this Section by the agency charged | 6 | | with administering that
provision or initiative, except that | 7 | | the 24-month limitation on the adoption
of emergency rules and | 8 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 9 | | rules adopted under this subsection (g). The adoption of | 10 | | emergency rules
authorized by this subsection (g) shall be | 11 | | deemed to be necessary for the
public interest, safety, and | 12 | | welfare. | 13 | | (h) In order to provide for the expeditious and timely | 14 | | implementation
of the State's fiscal year 2003 budget, | 15 | | emergency rules to implement any
provision of Public Act | 16 | | 92-597
or any other budget initiative for fiscal year 2003 may | 17 | | be adopted in
accordance with this Section by the agency | 18 | | charged with administering that
provision or initiative, | 19 | | except that the 24-month limitation on the adoption
of | 20 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 21 | | do not apply
to rules adopted under this subsection (h). The | 22 | | adoption of emergency rules
authorized by this subsection (h) | 23 | | shall be deemed to be necessary for the
public interest, | 24 | | safety, and welfare. | 25 | | (i) In order to provide for the expeditious and timely | 26 | | implementation
of the State's fiscal year 2004 budget, |
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| 1 | | emergency rules to implement any
provision of Public Act 93-20
| 2 | | or any other budget initiative for fiscal year 2004 may be | 3 | | adopted in
accordance with this Section by the agency charged | 4 | | with administering that
provision or initiative, except that | 5 | | the 24-month limitation on the adoption
of emergency rules and | 6 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 7 | | rules adopted under this subsection (i). The adoption of | 8 | | emergency rules
authorized by this subsection (i) shall be | 9 | | deemed to be necessary for the
public interest, safety, and | 10 | | welfare. | 11 | | (j) In order to provide for the expeditious and timely | 12 | | implementation of the provisions of the State's fiscal year | 13 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 14 | | Implementation (Human Services) Act, emergency rules to | 15 | | implement any provision of the Fiscal Year 2005 Budget | 16 | | Implementation (Human Services) Act may be adopted in | 17 | | accordance with this Section by the agency charged with | 18 | | administering that provision, except that the 24-month | 19 | | limitation on the adoption of emergency rules and the | 20 | | provisions of Sections 5-115 and 5-125 do not apply to rules | 21 | | adopted under this subsection (j). The Department of Public | 22 | | Aid may also adopt rules under this subsection (j) necessary | 23 | | to administer the Illinois Public Aid Code and the Children's | 24 | | Health Insurance Program Act. The adoption of emergency rules | 25 | | authorized by this subsection (j) shall be deemed to be | 26 | | necessary for the public interest, safety, and welfare.
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| 1 | | (k) In order to provide for the expeditious and timely | 2 | | implementation of the provisions of the State's fiscal year | 3 | | 2006 budget, emergency rules to implement any provision of | 4 | | Public Act 94-48 or any other budget initiative for fiscal | 5 | | year 2006 may be adopted in accordance with this Section by the | 6 | | agency charged with administering that provision or | 7 | | initiative, except that the 24-month limitation on the | 8 | | adoption of emergency rules and the provisions of Sections | 9 | | 5-115 and 5-125 do not apply to rules adopted under this | 10 | | subsection (k). The Department of Healthcare and Family | 11 | | Services may also adopt rules under this subsection (k) | 12 | | necessary to administer the Illinois Public Aid Code, the | 13 | | Senior Citizens and Persons with Disabilities Property Tax | 14 | | Relief Act, the Senior Citizens and Disabled Persons | 15 | | Prescription Drug Discount Program Act (now the Illinois | 16 | | Prescription Drug Discount Program Act), and the Children's | 17 | | Health Insurance Program Act. The adoption of emergency rules | 18 | | authorized by this subsection (k) shall be deemed to be | 19 | | necessary for the public interest, safety, and welfare.
| 20 | | (l) In order to provide for the expeditious and timely | 21 | | implementation of the provisions of the
State's fiscal year | 22 | | 2007 budget, the Department of Healthcare and Family Services | 23 | | may adopt emergency rules during fiscal year 2007, including | 24 | | rules effective July 1, 2007, in
accordance with this | 25 | | subsection to the extent necessary to administer the | 26 | | Department's responsibilities with respect to amendments to |
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| 1 | | the State plans and Illinois waivers approved by the federal | 2 | | Centers for Medicare and Medicaid Services necessitated by the | 3 | | requirements of Title XIX and Title XXI of the federal Social | 4 | | Security Act. The adoption of emergency rules
authorized by | 5 | | this subsection (l) shall be deemed to be necessary for the | 6 | | public interest,
safety, and welfare.
| 7 | | (m) In order to provide for the expeditious and timely | 8 | | implementation of the provisions of the
State's fiscal year | 9 | | 2008 budget, the Department of Healthcare and Family Services | 10 | | may adopt emergency rules during fiscal year 2008, including | 11 | | rules effective July 1, 2008, in
accordance with this | 12 | | subsection to the extent necessary to administer the | 13 | | Department's responsibilities with respect to amendments to | 14 | | the State plans and Illinois waivers approved by the federal | 15 | | Centers for Medicare and Medicaid Services necessitated by the | 16 | | requirements of Title XIX and Title XXI of the federal Social | 17 | | Security Act. The adoption of emergency rules
authorized by | 18 | | this subsection (m) shall be deemed to be necessary for the | 19 | | public interest,
safety, and welfare.
| 20 | | (n) In order to provide for the expeditious and timely | 21 | | implementation of the provisions of the State's fiscal year | 22 | | 2010 budget, emergency rules to implement any provision of | 23 | | Public Act 96-45 or any other budget initiative authorized by | 24 | | the 96th General Assembly for fiscal year 2010 may be adopted | 25 | | in accordance with this Section by the agency charged with | 26 | | administering that provision or initiative. The adoption of |
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| 1 | | emergency rules authorized by this subsection (n) shall be | 2 | | deemed to be necessary for the public interest, safety, and | 3 | | welfare. The rulemaking authority granted in this subsection | 4 | | (n) shall apply only to rules promulgated during Fiscal Year | 5 | | 2010. | 6 | | (o) In order to provide for the expeditious and timely | 7 | | implementation of the provisions of the State's fiscal year | 8 | | 2011 budget, emergency rules to implement any provision of | 9 | | Public Act 96-958 or any other budget initiative authorized by | 10 | | the 96th General Assembly for fiscal year 2011 may be adopted | 11 | | in accordance with this Section by the agency charged with | 12 | | administering that provision or initiative. The adoption of | 13 | | emergency rules authorized by this subsection (o) is deemed to | 14 | | be necessary for the public interest, safety, and welfare. The | 15 | | rulemaking authority granted in this subsection (o) applies | 16 | | only to rules promulgated on or after July 1, 2010 (the | 17 | | effective date of Public Act 96-958) through June 30, 2011. | 18 | | (p) In order to provide for the expeditious and timely | 19 | | implementation of the provisions of Public Act 97-689, | 20 | | emergency rules to implement any provision of Public Act | 21 | | 97-689 may be adopted in accordance with this subsection (p) | 22 | | by the agency charged with administering that provision or | 23 | | initiative. The 150-day limitation of the effective period of | 24 | | emergency rules does not apply to rules adopted under this | 25 | | subsection (p), and the effective period may continue through | 26 | | June 30, 2013. The 24-month limitation on the adoption of |
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| 1 | | emergency rules does not apply to rules adopted under this | 2 | | subsection (p). The adoption of emergency rules authorized by | 3 | | this subsection (p) is deemed to be necessary for the public | 4 | | interest, safety, and welfare. | 5 | | (q) In order to provide for the expeditious and timely | 6 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 7 | | 12 of Public Act 98-104, emergency rules to implement any | 8 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | 9 | | may be adopted in accordance with this subsection (q) by the | 10 | | agency charged with administering that provision or | 11 | | initiative. The 24-month limitation on the adoption of | 12 | | emergency rules does not apply to rules adopted under this | 13 | | subsection (q). The adoption of emergency rules authorized by | 14 | | this subsection (q) is deemed to be necessary for the public | 15 | | interest, safety, and welfare. | 16 | | (r) In order to provide for the expeditious and timely | 17 | | implementation of the provisions of Public Act 98-651, | 18 | | emergency rules to implement Public Act 98-651 may be adopted | 19 | | in accordance with this subsection (r) by the Department of | 20 | | Healthcare and Family Services. The 24-month limitation on the | 21 | | adoption of emergency rules does not apply to rules adopted | 22 | | under this subsection (r). The adoption of emergency rules | 23 | | authorized by this subsection (r) is deemed to be necessary | 24 | | for the public interest, safety, and welfare. | 25 | | (s) In order to provide for the expeditious and timely | 26 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 |
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| 1 | | of the Illinois Public Aid Code, emergency rules to implement | 2 | | any provision of Section 5-5b.1 or Section 5A-2 of the | 3 | | Illinois Public Aid Code may be adopted in accordance with | 4 | | this subsection (s) by the Department of Healthcare and Family | 5 | | Services. The rulemaking authority granted in this subsection | 6 | | (s) shall apply only to those rules adopted prior to July 1, | 7 | | 2015. Notwithstanding any other provision of this Section, any | 8 | | emergency rule adopted under this subsection (s) shall only | 9 | | apply to payments made for State fiscal year 2015. The | 10 | | adoption of emergency rules authorized by this subsection (s) | 11 | | is deemed to be necessary for the public interest, safety, and | 12 | | welfare. | 13 | | (t) In order to provide for the expeditious and timely | 14 | | implementation of the provisions of Article II of Public Act | 15 | | 99-6, emergency rules to implement the changes made by Article | 16 | | II of Public Act 99-6 to the Emergency Telephone System Act may | 17 | | be adopted in accordance with this subsection (t) by the | 18 | | Department of State Police. The rulemaking authority granted | 19 | | in this subsection (t) shall apply only to those rules adopted | 20 | | prior to July 1, 2016. The 24-month limitation on the adoption | 21 | | of emergency rules does not apply to rules adopted under this | 22 | | subsection (t). The adoption of emergency rules authorized by | 23 | | this subsection (t) is deemed to be necessary for the public | 24 | | interest, safety, and welfare. | 25 | | (u) In order to provide for the expeditious and timely | 26 | | implementation of the provisions of the Burn Victims Relief |
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| 1 | | Act, emergency rules to implement any provision of the Act may | 2 | | be adopted in accordance with this subsection (u) by the | 3 | | Department of Insurance. The rulemaking authority granted in | 4 | | this subsection (u) shall apply only to those rules adopted | 5 | | prior to December 31, 2015. The adoption of emergency rules | 6 | | authorized by this subsection (u) is deemed to be necessary | 7 | | for the public interest, safety, and welfare. | 8 | | (v) In order to provide for the expeditious and timely | 9 | | implementation of the provisions of Public Act 99-516, | 10 | | emergency rules to implement Public Act 99-516 may be adopted | 11 | | in accordance with this subsection (v) by the Department of | 12 | | Healthcare and Family Services. The 24-month limitation on the | 13 | | adoption of emergency rules does not apply to rules adopted | 14 | | under this subsection (v). The adoption of emergency rules | 15 | | authorized by this subsection (v) is deemed to be necessary | 16 | | for the public interest, safety, and welfare. | 17 | | (w) In order to provide for the expeditious and timely | 18 | | implementation of the provisions of Public Act 99-796, | 19 | | emergency rules to implement the changes made by Public Act | 20 | | 99-796 may be adopted in accordance with this subsection (w) | 21 | | by the Adjutant General. The adoption of emergency rules | 22 | | authorized by this subsection (w) is deemed to be necessary | 23 | | for the public interest, safety, and welfare. | 24 | | (x) In order to provide for the expeditious and timely | 25 | | implementation of the provisions of Public Act 99-906, | 26 | | emergency rules to implement subsection (i) of Section |
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| 1 | | 16-115D, subsection (g) of Section 16-128A, and subsection (a) | 2 | | of Section 16-128B of the Public Utilities Act may be adopted | 3 | | in accordance with this subsection (x) by the Illinois | 4 | | Commerce Commission. The rulemaking authority granted in this | 5 | | subsection (x) shall apply only to those rules adopted within | 6 | | 180 days after June 1, 2017 (the effective date of Public Act | 7 | | 99-906). The adoption of emergency rules authorized by this | 8 | | subsection (x) is deemed to be necessary for the public | 9 | | interest, safety, and welfare. | 10 | | (y) In order to provide for the expeditious and timely | 11 | | implementation of the provisions of Public Act 100-23, | 12 | | emergency rules to implement the changes made by Public Act | 13 | | 100-23 to Section 4.02 of the Illinois Act on the Aging, | 14 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | 15 | | Section 55-30 of the Alcoholism and Other Drug Abuse and | 16 | | Dependency Act, and Sections 74 and 75 of the Mental Health and | 17 | | Developmental Disabilities Administrative Act may be adopted | 18 | | in accordance with this subsection (y) by the respective | 19 | | Department. The adoption of emergency rules authorized by this | 20 | | subsection (y) is deemed to be necessary for the public | 21 | | interest, safety, and welfare. | 22 | | (z) In order to provide for the expeditious and timely | 23 | | implementation of the provisions of Public Act 100-554, | 24 | | emergency rules to implement the changes made by Public Act | 25 | | 100-554 to Section 4.7 of the Lobbyist Registration Act may be | 26 | | adopted in accordance with this subsection (z) by the |
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| 1 | | Secretary of State. The adoption of emergency rules authorized | 2 | | by this subsection (z) is deemed to be necessary for the public | 3 | | interest, safety, and welfare. | 4 | | (aa) In order to provide for the expeditious and timely | 5 | | initial implementation of the changes made to Articles 5, 5A, | 6 | | 12, and 14 of the Illinois Public Aid Code under the provisions | 7 | | of Public Act 100-581, the Department of Healthcare and Family | 8 | | Services may adopt emergency rules in accordance with this | 9 | | subsection (aa). The 24-month limitation on the adoption of | 10 | | emergency rules does not apply to rules to initially implement | 11 | | the changes made to Articles 5, 5A, 12, and 14 of the Illinois | 12 | | Public Aid Code adopted under this subsection (aa). The | 13 | | adoption of emergency rules authorized by this subsection (aa) | 14 | | is deemed to be necessary for the public interest, safety, and | 15 | | welfare. | 16 | | (bb) In order to provide for the expeditious and timely | 17 | | implementation of the provisions of Public Act 100-587, | 18 | | emergency rules to implement the changes made by Public Act | 19 | | 100-587 to Section 4.02 of the Illinois Act on the Aging, | 20 | | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | 21 | | subsection (b) of Section 55-30 of the Alcoholism and Other | 22 | | Drug Abuse and Dependency Act, Section 5-104 of the | 23 | | Specialized Mental Health Rehabilitation Act of 2013, and | 24 | | Section 75 and subsection (b) of Section 74 of the Mental | 25 | | Health and Developmental Disabilities Administrative Act may | 26 | | be adopted in accordance with this subsection (bb) by the |
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| 1 | | respective Department. The adoption of emergency rules | 2 | | authorized by this subsection (bb) is deemed to be necessary | 3 | | for the public interest, safety, and welfare. | 4 | | (cc) In order to provide for the expeditious and timely | 5 | | implementation of the provisions of Public Act 100-587, | 6 | | emergency rules may be adopted in accordance with this | 7 | | subsection (cc) to implement the changes made by Public Act | 8 | | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois | 9 | | Pension Code by the Board created under Article 14 of the Code; | 10 | | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by | 11 | | the Board created under Article 15 of the Code; and Sections | 12 | | 16-190.5 and 16-190.6 of the Illinois Pension Code by the | 13 | | Board created under Article 16 of the Code. The adoption of | 14 | | emergency rules authorized by this subsection (cc) is deemed | 15 | | to be necessary for the public interest, safety, and welfare. | 16 | | (dd) In order to provide for the expeditious and timely | 17 | | implementation of the provisions of Public Act 100-864, | 18 | | emergency rules to implement the changes made by Public Act | 19 | | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act | 20 | | may be adopted in accordance with this subsection (dd) by the | 21 | | Secretary of State. The adoption of emergency rules authorized | 22 | | by this subsection (dd) is deemed to be necessary for the | 23 | | public interest, safety, and welfare. | 24 | | (ee) In order to provide for the expeditious and timely | 25 | | implementation of the provisions of Public Act 100-1172, | 26 | | emergency rules implementing the Illinois Underground Natural |
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| 1 | | Gas Storage Safety Act may be adopted in accordance with this | 2 | | subsection by the Department of Natural Resources. The | 3 | | adoption of emergency rules authorized by this subsection is | 4 | | deemed to be necessary for the public interest, safety, and | 5 | | welfare. | 6 | | (ff) In order to provide for the expeditious and timely | 7 | | initial implementation of the changes made to Articles 5A and | 8 | | 14 of the Illinois Public Aid Code under the provisions of | 9 | | Public Act 100-1181, the Department of Healthcare and Family | 10 | | Services may on a one-time-only basis adopt emergency rules in | 11 | | accordance with this subsection (ff). The 24-month limitation | 12 | | on the adoption of emergency rules does not apply to rules to | 13 | | initially implement the changes made to Articles 5A and 14 of | 14 | | the Illinois Public Aid Code adopted under this subsection | 15 | | (ff). The adoption of emergency rules authorized by this | 16 | | subsection (ff) is deemed to be necessary for the public | 17 | | interest, safety, and welfare. | 18 | | (gg) In order to provide for the expeditious and timely | 19 | | implementation of the provisions of Public Act 101-1, | 20 | | emergency rules may be adopted by the Department of Labor in | 21 | | accordance with this subsection (gg) to implement the changes | 22 | | made by Public Act 101-1 to the Minimum Wage Law. The adoption | 23 | | of emergency rules authorized by this subsection (gg) is | 24 | | deemed to be necessary for the public interest, safety, and | 25 | | welfare. | 26 | | (hh) In order to provide for the expeditious and timely |
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| 1 | | implementation of the provisions of Public Act 101-10, | 2 | | emergency rules may be adopted in accordance with this | 3 | | subsection (hh) to implement the changes made by Public Act | 4 | | 101-10 to subsection (j) of Section 5-5.2 of the Illinois | 5 | | Public Aid Code. The adoption of emergency rules authorized by | 6 | | this subsection (hh) is deemed to be necessary for the public | 7 | | interest, safety, and welfare. | 8 | | (ii) In order to provide for the expeditious and timely | 9 | | implementation of the provisions of Public Act 101-10, | 10 | | emergency rules to implement the changes made by Public Act | 11 | | 101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid | 12 | | Code may be adopted in accordance with this subsection (ii) by | 13 | | the Department of Public Health. The adoption of emergency | 14 | | rules authorized by this subsection (ii) is deemed to be | 15 | | necessary for the public interest, safety, and welfare. | 16 | | (jj) In order to provide for the expeditious and timely | 17 | | implementation of the provisions of Public Act 101-10, | 18 | | emergency rules to implement the changes made by Public Act | 19 | | 101-10 to Section 74 of the Mental Health and Developmental | 20 | | Disabilities Administrative Act may be adopted in accordance | 21 | | with this subsection (jj) by the Department of Human Services. | 22 | | The adoption of emergency rules authorized by this subsection | 23 | | (jj) is deemed to be necessary for the public interest, | 24 | | safety, and welfare. | 25 | | (kk) In order to provide for the expeditious and timely | 26 | | implementation of the Cannabis Regulation and Tax Act and |
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| 1 | | Public Act 101-27, the Department of Revenue, the Department | 2 | | of Public Health, the Department of Agriculture, the | 3 | | Department of State Police, and the Department of Financial | 4 | | and Professional Regulation may adopt emergency rules in | 5 | | accordance with this subsection (kk). The rulemaking authority | 6 | | granted in this subsection (kk) shall apply only to rules | 7 | | adopted before December 31, 2021. Notwithstanding the | 8 | | provisions of subsection (c), emergency rules adopted under | 9 | | this subsection (kk) shall be effective for 180 days. The | 10 | | adoption of emergency rules authorized by this subsection (kk) | 11 | | is deemed to be necessary for the public interest, safety, and | 12 | | welfare. | 13 | | (ll) In order to provide for the expeditious and timely | 14 | | implementation of the provisions of the Leveling the Playing | 15 | | Field for Illinois Retail Act, emergency rules may be adopted | 16 | | in accordance with this subsection (ll) to implement the | 17 | | changes made by the Leveling the Playing Field for Illinois | 18 | | Retail Act. The adoption of emergency rules authorized by this | 19 | | subsection (ll) is deemed to be necessary for the public | 20 | | interest, safety, and welfare. | 21 | | (mm) In order to provide for the expeditious and timely | 22 | | implementation of the provisions of Section 25-70 of the | 23 | | Sports Wagering Act, emergency rules to implement Section | 24 | | 25-70 of the Sports Wagering Act may be adopted in accordance | 25 | | with this subsection (mm) by the Department of the Lottery as | 26 | | provided in the Sports Wagering Act. The adoption of emergency |
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| 1 | | rules authorized by this subsection (mm) is deemed to be | 2 | | necessary for the public interest, safety, and welfare. | 3 | | (nn) In order to provide for the expeditious and timely | 4 | | implementation of the Sports Wagering Act, emergency rules to | 5 | | implement the Sports Wagering Act may be adopted in accordance | 6 | | with this subsection (nn) by the Illinois Gaming Board. The | 7 | | adoption of emergency rules authorized by this subsection (nn) | 8 | | is deemed to be necessary for the public interest, safety, and | 9 | | welfare. | 10 | | (oo) In order to provide for the expeditious and timely | 11 | | implementation of the provisions of subsection (c) of Section | 12 | | 20 of the Video Gaming Act, emergency rules to implement the | 13 | | provisions of subsection (c) of Section 20 of the Video Gaming | 14 | | Act may be adopted in accordance with this subsection (oo) by | 15 | | the Illinois Gaming Board. The adoption of emergency rules | 16 | | authorized by this subsection (oo) is deemed to be necessary | 17 | | for the public interest, safety, and welfare. | 18 | | (pp) In order to provide for the expeditious and timely
| 19 | | implementation of the provisions of Section 50 of the Sexual
| 20 | | Assault Evidence Submission Act, emergency rules to implement
| 21 | | Section 50 of the Sexual Assault Evidence Submission Act may | 22 | | be
adopted in accordance with this subsection (pp) by the
| 23 | | Department of State Police. The adoption of emergency rules
| 24 | | authorized by this subsection (pp) is deemed to be necessary
| 25 | | for the public interest, safety, and welfare. | 26 | | (qq) In order to provide for the expeditious and timely |
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| 1 | | implementation of the provisions of the Illinois Works Jobs | 2 | | Program Act, emergency rules may be adopted in accordance with | 3 | | this subsection (qq) to implement the Illinois Works Jobs | 4 | | Program Act. The adoption of emergency rules authorized by | 5 | | this subsection (qq) is deemed to be necessary for the public | 6 | | interest, safety, and welfare. | 7 | | (rr) In order to provide for the expeditious and timely | 8 | | implementation of the provisions of subsection (c) of Section | 9 | | 2-3.130 of the School Code, emergency rules to implement | 10 | | subsection (c) of Section 2-3.130 of the School Code may be | 11 | | adopted in accordance with this subsection (rr) by the State | 12 | | Board of Education. The adoption of emergency rules authorized | 13 | | by this subsection (rr) is deemed to be necessary for the | 14 | | public interest, safety, and welfare. | 15 | | (Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; | 16 | | 100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff. | 17 | | 6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18; | 18 | | 100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff. | 19 | | 3-8-19; 101-1, eff. 2-19-19; 101-10, Article 20, Section 20-5, | 20 | | eff. 6-5-19; 101-10, Article 35, Section 35-5, eff. 6-5-19; | 21 | | 101-27, eff. 6-25-19; 101-31, Article 15, Section 15-5, eff. | 22 | | 6-28-19; 101-31, Article 25, Section 25-900, eff. 6-28-19; | 23 | | 101-31, Article 35, Section 35-3, eff. 6-28-19; 101-377, eff. | 24 | | 8-16-19; 101-601, eff. 12-10-19.) | 25 | | Section 10. The School Code is amended by changing |
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| 1 | | Sections 2-3.130, 10-20.33, and 34-18.20 as follows:
| 2 | | (105 ILCS 5/2-3.130)
| 3 | | Sec. 2-3.130. Isolated time out, time Time out , and | 4 | | physical restraint rules ; grant program; third-party | 5 | | assistance; goals and plans . | 6 | | (a) For purposes of this Section, "isolated time out", | 7 | | "physical restraint", and "time out" have the meanings given | 8 | | to those terms under Section 10-20.33. | 9 | | (b) The
State Board of Education shall promulgate rules | 10 | | governing the use of isolated time out, time out ,
and physical | 11 | | restraint in special education nonpublic facilities and the | 12 | | public schools. The rules shall include
provisions governing | 13 | | the documentation and reporting recordkeeping that is required | 14 | | each time these interventions when physical restraint or
more | 15 | | restrictive forms of time out are used.
| 16 | | The rules adopted by the State Board shall
include a | 17 | | procedure by which a person who believes a violation of
| 18 | | Section 10-20.33 or 34-18.20 has occurred may file a | 19 | | complaint.
The rules adopted by the State Board shall include | 20 | | training requirements that must be included in training | 21 | | programs used to train and certify school personnel. | 22 | | The State Board shall establish procedures for progressive | 23 | | enforcement
actions to ensure that schools fully comply with | 24 | | the
documentation and reporting requirements for isolated time | 25 | | out, time out, and physical
restraint established by rule, |
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| 1 | | which shall include meaningful and
appropriate sanctions for | 2 | | the failure to comply, including the failure to
report to the | 3 | | parent or guardian and to the State Board, the failure
to | 4 | | timely report, and the failure to provide detailed | 5 | | documentation. | 6 | | (c) Subject to appropriation, the State Board shall, by | 7 | | adoption of emergency rules under subsection (rr) of Section | 8 | | 5-45 of the Illinois Administrative Procedure Act if it so | 9 | | chooses, create a
grant program for school districts, special | 10 | | education nonpublic facilities approved under Section 14-7.02 | 11 | | of this Code, and special education
cooperatives to implement | 12 | | school-wide,
culturally sensitive, and trauma-informed | 13 | | practices, positive
behavioral interventions and supports, and | 14 | | restorative practices
within a multi-tiered system of support | 15 | | aimed at reducing the
need for interventions, such as isolated | 16 | | time out, time out, and physical restraint. | 17 | | (d) Subject to the Illinois Procurement Code, the Illinois | 18 | | School Student Records Act, the Mental Health and | 19 | | Developmental Disabilities Confidentiality Act, and the | 20 | | federal Family Educational Rights and Privacy Act of 1974, the | 21 | | State Board may contract with a third party to provide
| 22 | | assistance with the oversight and monitoring of the use of | 23 | | isolated time
out, time out, and physical restraint by school | 24 | | districts. | 25 | | (e) The State Board shall establish goals within 90 days | 26 | | after the effective date of this amendatory Act of the 102nd |
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| 1 | | General Assembly, with
specific benchmarks, for schools to | 2 | | accomplish the systemic reduction
of isolated time out, time | 3 | | out, and physical restraint within 3 years after the effective | 4 | | date of this amendatory Act of the 102nd General Assembly.
The | 5 | | State Board shall engage in meaningful consultation with | 6 | | stakeholders to establish the goals, including in the review | 7 | | and evaluation of the data submitted. Each school board shall | 8 | | create a time out and physical restraint oversight team that | 9 | | includes, but is not limited to, teachers, paraprofessionals, | 10 | | school service personnel, and administrators to develop (i) a | 11 | | school-specific plan for reducing and eventually eliminating | 12 | | the use
of isolated time out, time out, and physical restraint | 13 | | in accordance with the goals and benchmarks established by the | 14 | | State Board and (ii) procedures to implement the plan | 15 | | developed by the team. | 16 | | The progress toward the reduction and eventual elimination | 17 | | of the use of isolated time out and physical restraint shall be | 18 | | measured by the reduction in the overall number of incidents | 19 | | of those interventions and the total number of students | 20 | | subjected to those interventions. In limited cases, upon | 21 | | written application made by a school district and approved by | 22 | | the State Board based on criteria developed by the State Board | 23 | | to show good cause, the reduction in the use of those | 24 | | interventions may be measured by the frequency of the use of | 25 | | those interventions on individual students and the student | 26 | | population as a whole. The State Board shall specify a date for |
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| 1 | | submission of the plans. School districts shall submit a | 2 | | report once each year for 3 years after the effective date of | 3 | | this amendatory Act of the 102nd General Assembly to the State | 4 | | Board on the progress made toward achieving the goals and | 5 | | benchmarks established by the State Board and modify their | 6 | | plans as necessary to satisfy those goals and benchmarks. | 7 | | School districts shall notify parents and guardians that the | 8 | | plans and reports are available for review. On or before June | 9 | | 30, 2023, the State Board shall issue a report to the General | 10 | | Assembly on the progress made by schools to achieve those | 11 | | goals and benchmarks. The required plans shall include, but | 12 | | not be limited to, the specific actions that are to be taken
| 13 | | to: | 14 | | (1) reduce and eventually eliminate a reliance on | 15 | | isolated time out, time out, and physical restraint for | 16 | | behavioral interventions and develop noncoercive | 17 | | environments; | 18 | | (2) develop individualized student plans that are | 19 | | oriented toward prevention of the use of isolated time | 20 | | out, time out, and physical restraint with the intent that | 21 | | a plan be separate and apart from a student's | 22 | | individualized education program or a student's
plan
for | 23 | | services under Section 504 of the federal Rehabilitation | 24 | | Act of 1973; | 25 | | (3) ensure that appropriate school personnel are fully | 26 | | informed of the student's history, including any history |
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| 1 | | of physical or sexual abuse, and other relevant medical | 2 | | and mental health information, except that any disclosure | 3 | | of student information must be consistent with federal and | 4 | | State laws and rules governing student confidentiality and | 5 | | privacy rights; and | 6 | | (4) support a vision for cultural change that | 7 | | reinforces the following: | 8 | | (A) positive behavioral interventions and support | 9 | | rather than isolated time out, time out, and physical | 10 | | restraint; | 11 | | (B) effective ways to de-escalate situations to | 12 | | avoid isolated time out, time out, and physical | 13 | | restraint; | 14 | | (C) crisis intervention techniques that use | 15 | | alternatives to isolated time out, time out, and | 16 | | physical restraint; and | 17 | | (D) use of debriefing meetings to reassess what | 18 | | occurred and why it occurred and to think through ways | 19 | | to prevent use of the intervention the next time. | 20 | | (f) A school is exempt from the requirement to submit a | 21 | | plan and the annual reports under subsection (e) if the school | 22 | | is able to demonstrate to the satisfaction of the State Board | 23 | | that (i) within the previous 3 years, the school district has | 24 | | never engaged in the use of isolated time out, time out, or | 25 | | physical restraint and (ii) the school has adopted a written | 26 | | policy that prohibits the use isolated time out, time out, and |
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| 1 | | physical restraint on a student and is able to demonstrate the | 2 | | enforcement of that policy. | 3 | | (g) The State Board shall establish a system of ongoing | 4 | | review,
auditing, and monitoring to ensure that schools comply | 5 | | with the
documentation and reporting requirements and meet the | 6 | | State Board's established goals
and benchmarks for reducing | 7 | | and eventually eliminating the use of isolated time out, time | 8 | | out, and
physical restraint. | 9 | | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
| 10 | | (105 ILCS 5/10-20.33)
| 11 | | Sec. 10-20.33. Time out , isolated time out, and physical | 12 | | restraint , and necessities; limitations and prohibitions . | 13 | | (a) The General Assembly finds and declares that the use | 14 | | of isolated time
out, time out, and physical restraint on | 15 | | children and youth carries risks to the health and safety of | 16 | | students and staff; therefore, the ultimate
goal is to reduce | 17 | | and eventually eliminate the use of those interventions. The | 18 | | General Assembly also finds and declares that the State Board | 19 | | of Education
must take affirmative action to lead and support | 20 | | schools in
transforming the school culture to reduce and | 21 | | eliminate the use of all
such interventions over time. | 22 | | (b) In this Section: | 23 | | "Chemical restraint" means the use of medication to | 24 | | control a student's behavior or to restrict a student's | 25 | | freedom of movement. "Chemical restraint" does not include |
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| 1 | | medication that is legally prescribed and administered as part | 2 | | of a student's regular medical regimen to manage behavioral | 3 | | symptoms and treat medical symptoms. | 4 | | "Isolated time out" means the involuntary confinement of a | 5 | | student alone in a time out room or other enclosure outside of | 6 | | the classroom without a supervising adult in the time out room | 7 | | or enclosure. | 8 | | "Isolated time out" or "time out" does not include a | 9 | | student-initiated or student-requested break, a | 10 | | student-initiated sensory break or a teacher-initiated sensory | 11 | | break that may include a sensory room containing sensory tools | 12 | | to assist a student to calm and de-escalate, an in-school | 13 | | suspension or detention, or any other appropriate disciplinary | 14 | | measure, including the student's brief removal to the hallway | 15 | | or similar environment. | 16 | | "Mechanical restraint" means the use of any device or | 17 | | equipment to limit a student's movement or to hold a student | 18 | | immobile. "Mechanical restraint" does not include any | 19 | | restraint used to (i) treat a student's medical needs; (ii) | 20 | | protect a student who is known to be at risk of injury | 21 | | resulting from a lack of coordination or frequent loss of | 22 | | consciousness; (iii) position a student with physical | 23 | | disabilities in a manner specified in the student's | 24 | | individualized education program, federal Section 504 plan, or | 25 | | other plan of care; (iv) provide a supplementary aid, service, | 26 | | or accommodation, including, but not limited to, assistive |
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| 1 | | technology that provides proprioceptive input or aids in | 2 | | self-regulation; or (v) promote student safety in vehicles | 3 | | used to transport students. | 4 | | "Physical restraint" or "restraint" means holding a | 5 | | student or otherwise restricting a student's movements. | 6 | | "Physical restraint" or "restraint" does not include momentary | 7 | | periods of physical restriction by direct person to person | 8 | | contact, without the aid of material or mechanical devices, | 9 | | that are accomplished with limited force and that are designed | 10 | | to prevent a student from completing an act that would result | 11 | | in potential physical harm to himself, herself, or another or | 12 | | damage to property. | 13 | | "Prone physical restraint" means a physical restraint in | 14 | | which a student is held face down on the floor or other surface | 15 | | and physical pressure is applied to the student's body to keep | 16 | | the student in the prone position. | 17 | | "Time out" means a behavior management technique for the | 18 | | purpose of calming or de-escalation that involves the | 19 | | involuntary monitored separation of a student from classmates | 20 | | with a trained adult for part of the school day, only for a | 21 | | brief time, in a nonlocked setting. | 22 | | (c) Isolated time out, time out, and physical restraint, | 23 | | other than prone physical restraint, may be used only if (i) | 24 | | the student's behavior presents an imminent danger of serious | 25 | | physical harm to the student or to others; (ii) other less | 26 | | restrictive and intrusive measures have been tried and have |
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| 1 | | proven to be ineffective in stopping the imminent danger of | 2 | | serious physical harm; (iii) there is no known medical | 3 | | contraindication to its use on the student; and (iv) the | 4 | | school staff member or members applying the use of time out, | 5 | | isolated time out, or physical restraint on a student have | 6 | | been trained in its safe application, as established by rule | 7 | | by the State Board of Education. Isolated time out is allowed | 8 | | only under limited circumstances as set forth in this Section. | 9 | | If all other requirements under this Section are met, isolated | 10 | | time out may be used only if the adult in the time out room or | 11 | | enclosure is in imminent danger of serious physical harm | 12 | | because the student is unable to cease actively engaging in | 13 | | extreme physical aggression. | 14 | | Mechanical restraint and chemical restraint are | 15 | | prohibited. Prone restraint is prohibited except when all of | 16 | | the following conditions are satisfied: | 17 | | (1) The student's Behavior Intervention Plan | 18 | | specifically allows for prone restraint of the student. | 19 | | (2) The Behavior Intervention Plan was put into place | 20 | | before January 1, 2021. | 21 | | (3) The student's Behavior Intervention Plan has been | 22 | | approved by the IEP team. | 23 | | (4) The school staff member or staff members applying | 24 | | the use of prone restraint on a student have been trained | 25 | | in its safe application as established by rule by the | 26 | | State Board of Education. |
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| 1 | | (5) The school must be able to document and | 2 | | demonstrate to the IEP team that the use of other | 3 | | de-escalation techniques provided for in the student's | 4 | | Behavior Intervention Plan were ineffective. | 5 | | (6) The use of prone restraint occurs within the | 6 | | school years of 2021-2022 and 2022-2023. | 7 | | All instances of the utilization of prone restraint must be | 8 | | reported in accordance with the provisions of this amendatory | 9 | | Act of the 102nd General Assembly. Nothing in this Section | 10 | | shall prohibit the State Board of Education from adopting | 11 | | administrative rules that further restrict or disqualify the | 12 | | use of prone restraint. | 13 | | (d) The Until
rules are adopted under Section 2-3.130 of | 14 | | this Code, the use
of any of the following rooms or enclosures | 15 | | for an 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 other than one | 18 | | with a locking mechanism that engages
only when a key or | 19 | | handle is being held by a person ;
| 20 | | (2) a confining space such as a closet or box;
| 21 | | (3) a room where the student cannot be continually | 22 | | observed; or
| 23 | | (4) any other room or enclosure or time out procedure | 24 | | that is contrary to
current rules adopted by guidelines of | 25 | | the State Board of Education.
| 26 | | (e) The deprivation of necessities needed to sustain the |
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| 1 | | health of a person, including, without limitation, the denial | 2 | | or unreasonable delay in the provision of the following, is | 3 | | prohibited: | 4 | | (1) food or liquid at a time when it is customarily | 5 | | served; | 6 | | (2) medication; or | 7 | | (3) the use of a restroom. | 8 | | (f) (Blank). The use of physical restraints is prohibited | 9 | | except when (i) the student
poses a physical risk to himself, | 10 | | herself, or others, (ii) there is no medical
contraindication | 11 | | to its use, and (iii) the staff applying the restraint have
| 12 | | been trained in its safe application. For the purposes of this | 13 | | Section,
"restraint" does not include momentary periods of | 14 | | physical restriction by
direct person-to-person contact, | 15 | | without the aid of material or mechanical
devices, | 16 | | accomplished with limited force and that are designed (i) to | 17 | | prevent a
student from completing an act that would result in | 18 | | potential physical harm to
himself, herself, or another or | 19 | | damage to property or (ii) to remove a
disruptive student who | 20 | | is unwilling to voluntarily leave the area. The use of
| 21 | | physical restraints that meet the requirements of this Section | 22 | | may be included
in a student's individualized education plan | 23 | | where deemed appropriate by the
student's individualized | 24 | | education plan team. | 25 | | (g) Following each incident of isolated time out, time | 26 | | out, or physical restraint, but no later than 2 school days |
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| 1 | | after the incident, the principal or another designated | 2 | | administrator shall notify the student's parent or guardian | 3 | | that he or she may request a meeting with appropriate school | 4 | | personnel to discuss the incident. This meeting shall be held | 5 | | separate and apart from meetings held in accordance with the | 6 | | student's individualized education program or from meetings | 7 | | held in accordance with the student's plan for services under | 8 | | Section 504 of the federal Rehabilitation Act of 1973. If a | 9 | | parent or guardian requests a meeting, the meeting shall be | 10 | | convened within 2 school days after the request, provided that | 11 | | the 2-school day limitation shall be extended if requested by | 12 | | the parent or guardian. The parent or guardian may also | 13 | | request that the meeting be convened via telephone or video | 14 | | conference. | 15 | | The meeting shall include the student, if appropriate, at | 16 | | least one school staff member involved in the incident of | 17 | | isolated time out, time out, or physical restraint, the | 18 | | student's parent or guardian, and at least one appropriate | 19 | | school staff member not involved in the incident of isolated | 20 | | time out, time out, or physical restraint, such as a social | 21 | | worker, psychologist, nurse, or behavioral specialist. During | 22 | | the meeting, the school staff member or members involved in | 23 | | the incident of isolated time out, time out, or physical | 24 | | restraint, the student, and the student's parent or guardian, | 25 | | if applicable, shall be provided an opportunity to describe | 26 | | (i) the events that occurred prior to the incident of isolated |
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| 1 | | time out, time out, or physical restraint and any actions that | 2 | | were taken by school personnel or the student leading up to the | 3 | | incident; (ii) the incident of isolated time out, time out, or | 4 | | physical restraint; and (iii) the events that occurred or the | 5 | | actions that were taken following the incident of isolated | 6 | | time out, time out, or physical restraint and whether the | 7 | | student returned to regular school activities and, if not, how | 8 | | the student spent the remainder of the school day. All parties | 9 | | present at the meeting shall have the opportunity to discuss | 10 | | what school personnel could have done differently to avoid the | 11 | | incident of isolated time out, time out, or physical restraint | 12 | | and what alternative courses of action, if any, the school can | 13 | | take to support the student and to avoid the future use of | 14 | | isolated time out, time out, or physical restraint. At no | 15 | | point may a student be excluded from school solely because a | 16 | | meeting has not occurred. | 17 | | A summary of the meeting and any agreements or conclusions | 18 | | reached during the meeting shall be documented in writing and | 19 | | shall become part of the student's school record. A copy of the | 20 | | documents shall be provided to the student's parent or | 21 | | guardian. If a parent or guardian does not request a meeting | 22 | | within 10 school days after the school has provided the | 23 | | documents to the parent or guardian or if a parent or guardian | 24 | | fails to attend a requested meeting, that fact shall be | 25 | | documented as part of the student's school record. | 26 | | (h) Whenever isolated time out, time out, or physical |
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| 1 | | restraint is used physical restraints are
used , school | 2 | | personnel shall fully document and report to the State Board
| 3 | | of Education the incident, including the events
leading up to | 4 | | the incident, what alternative measures that are less
| 5 | | restrictive and intrusive were used prior to the use of | 6 | | isolated time out, time out, or
physical restraint, why those | 7 | | measures were ineffective or deemed inappropriate, the type of | 8 | | restraint , isolated time out, or time out that was used, the | 9 | | length of time the
student was in isolated time out or time out | 10 | | or was is restrained, and the staff involved. The parents or | 11 | | guardian of
a student and the State Superintendent of | 12 | | Education shall be informed whenever isolated time out, time | 13 | | out, or physical restraint is restraints are used.
| 14 | | Schools shall provide parents and guardians with the | 15 | | following
information, to be developed by the State Board and | 16 | | which may be incorporated into the State Board's prescribed | 17 | | physical restraint and time out form at the discretion of the | 18 | | State Board, after each
incident in which isolated time out, | 19 | | time out, or physical restraint is used during
the school | 20 | | year, in printed form or, upon the written request of
the | 21 | | parent or guardian, by email: | 22 | | (1) a copy of the standards for when isolated time | 23 | | out, time out, and physical restraint can be used; | 24 | | (2) information about the rights of parents, | 25 | | guardians, and students; and | 26 | | (3) information about the parent's or guardian's right |
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| 1 | | to file a complaint with the State Superintendent of | 2 | | Education, the complaint process, and other information to | 3 | | assist the parent or guardian in navigating the complaint | 4 | | process. | 5 | | (i) Any use of isolated time out, time out, or physical | 6 | | restraint that is permitted by a school board's policy shall | 7 | | be implemented in accordance with written procedures. | 8 | | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
| 9 | | (105 ILCS 5/34-18.20)
| 10 | | Sec. 34-18.20. Time out , isolated time out, and physical | 11 | | restraint , and necessities; limitations and prohibitions . | 12 | | (a) The General Assembly finds and declares that the use | 13 | | of isolated time
out, time out, and physical restraint on | 14 | | children and youth carries risks to the health and safety of | 15 | | students and staff; therefore, the ultimate
goal is to reduce | 16 | | and eventually eliminate the use of those interventions. The | 17 | | General Assembly also finds and declares that the State Board | 18 | | of Education
must take affirmative action to lead and support | 19 | | schools in
transforming the school culture to reduce and | 20 | | eliminate the use of all
such interventions over time. | 21 | | (b) In this Section: | 22 | | "Chemical restraint" means the use of medication to | 23 | | control a student's behavior or to restrict a student's | 24 | | freedom of movement. "Chemical restraint" does not include | 25 | | medication that is legally prescribed and administered as part |
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| 1 | | of a student's regular medical regimen to manage behavioral | 2 | | symptoms and treat medical symptoms. | 3 | | "Isolated time out" means the involuntary confinement of a | 4 | | student alone in a time out room or other enclosure outside of | 5 | | the classroom without a supervising adult in the time out room | 6 | | or enclosure. | 7 | | "Isolated time out" or "time out" does not include a | 8 | | student-initiated or student-requested break, a | 9 | | student-initiated sensory break or a teacher-initiated sensory | 10 | | break that may include a sensory room containing sensory tools | 11 | | to assist a student to calm and de-escalate, an in-school | 12 | | suspension or detention, or any other appropriate disciplinary | 13 | | measure, including the student's brief removal to the hallway | 14 | | or similar environment. | 15 | | "Mechanical restraint" means the use of any device or | 16 | | equipment to limit a student's movement or to hold a student | 17 | | immobile. "Mechanical restraint" does not include any | 18 | | restraint used to (i) treat a student's medical needs; (ii) | 19 | | protect a student who is known to be at risk of injury | 20 | | resulting from a lack of coordination or frequent loss of | 21 | | consciousness; (iii) position a student with physical | 22 | | disabilities in a manner specified in the student's | 23 | | individualized education program, federal Section 504 plan, or | 24 | | other plan of care; (iv) provide a supplementary aid, service, | 25 | | or accommodation, including, but not limited to, assistive | 26 | | technology that provides proprioceptive input or aids in |
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| 1 | | self-regulation; or (v) promote student safety in vehicles | 2 | | used to transport students. | 3 | | "Physical restraint" or "restraint" means holding a | 4 | | student or otherwise restricting a student's movements. | 5 | | "Physical restraint" or "restraint" does not include momentary | 6 | | periods of physical restriction by direct person to person | 7 | | contact, without the aid of material or mechanical devices, | 8 | | that are accomplished with limited force and that are designed | 9 | | to prevent a student from completing an act that would result | 10 | | in potential physical harm to himself, herself, or another or | 11 | | damage to property. | 12 | | "Prone physical restraint" means a physical restraint in | 13 | | which a student is held face down on the floor or other surface | 14 | | and physical pressure is applied to the student's body to keep | 15 | | the student in the prone position. | 16 | | "Time out" means a behavior management technique for the | 17 | | purpose of calming or de-escalation that involves the | 18 | | involuntary monitored separation of a student from classmates | 19 | | with a trained adult for part of the school day, only for a | 20 | | brief time, in a nonlocked setting. | 21 | | (c) Isolated time out, time out, and physical restraint, | 22 | | other than prone physical restraint, may be used only if (i) | 23 | | the student's behavior presents an imminent danger of serious | 24 | | physical harm to the student or to others; (ii) other less | 25 | | restrictive and intrusive measures have been tried and have | 26 | | proven to be ineffective in stopping the imminent danger of |
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| 1 | | serious physical harm; (iii) there is no known medical | 2 | | contraindication to its use on the student; and (iv) the | 3 | | school staff member or members applying the use of time out, | 4 | | isolated time out, or physical restraint on a student have | 5 | | been trained in its safe application, as established by rule | 6 | | by the State Board of Education. Isolated time out is allowed | 7 | | only under limited circumstances as set forth in this Section. | 8 | | If all other requirements under this Section are met, isolated | 9 | | time out may be used only if the adult in the time out room or | 10 | | enclosure is in imminent danger of serious physical harm | 11 | | because the student is unable to cease actively engaging in | 12 | | extreme physical aggression. | 13 | | Mechanical restraint and chemical restraint are | 14 | | prohibited. Prone restraint is prohibited except when all of | 15 | | the 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 |
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| 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 | | school years of 2021-2022 and 2022-2023. | 6 | | All instances of the utilization of prone restraint must be | 7 | | reported in accordance with the provisions of this amendatory | 8 | | Act of the 102nd General Assembly. Nothing in this Section | 9 | | shall prohibit the State Board of Education from adopting | 10 | | administrative rules that further restrict or disqualify the | 11 | | use of prone restraint. | 12 | | (d) The Until
rules are adopted under Section 2-3.130 of | 13 | | this Code, the use
of any of the following rooms or enclosures | 14 | | for an isolated time out or time out purposes is
prohibited:
| 15 | | (1) a locked room or a room in which the door is | 16 | | obstructed, prohibiting it from opening other than one | 17 | | with a locking mechanism that engages
only when a key or | 18 | | handle is being held by a person ;
| 19 | | (2) a confining space such as a closet or box;
| 20 | | (3) a room where the student cannot be continually | 21 | | observed; or
| 22 | | (4) any other room or enclosure or time out procedure | 23 | | that is contrary to
current rules adopted by guidelines of | 24 | | the State Board of Education.
| 25 | | (e) The deprivation of necessities needed to sustain the | 26 | | health of a person, including, without limitation, the denial |
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| 1 | | or unreasonable delay in the provision of the following, is | 2 | | prohibited: | 3 | | (1) food or liquid at a time when it is customarily | 4 | | served; | 5 | | (2) medication; or | 6 | | (3) the use of a restroom. | 7 | | (f) (Blank). The use of physical restraints is prohibited | 8 | | except when (i) the student
poses a physical risk to himself, | 9 | | herself, or others, (ii) there is no medical
contraindication | 10 | | to its use, and (iii) the staff applying the restraint have
| 11 | | been trained in its safe application. For the purposes of this | 12 | | Section,
"restraint" does not include momentary periods of | 13 | | physical restriction by
direct person-to-person contact, | 14 | | without the aid of material or mechanical
devices, | 15 | | accomplished with limited force and that are designed (i) to | 16 | | prevent a
student from completing an act that would result in | 17 | | potential physical harm to
himself, herself, or another or | 18 | | damage to property or (ii) to remove a
disruptive student who | 19 | | is unwilling to voluntarily leave the area. The use of
| 20 | | physical restraints that meet the requirements of this Section | 21 | | may be included
in a student's individualized education plan | 22 | | where deemed appropriate by the
student's individualized | 23 | | education plan team. | 24 | | (g) Following each incident of isolated time out, time | 25 | | out, or physical restraint, but no later than 2 school days | 26 | | after the incident, the principal or another designated |
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| 1 | | administrator shall notify the student's parent or guardian | 2 | | that he or she may request a meeting with appropriate school | 3 | | personnel to discuss the incident. This meeting shall be held | 4 | | separate and apart from meetings held in accordance with the | 5 | | student's individualized education program or from meetings | 6 | | held in accordance with the student's plan for services under | 7 | | Section 504 of the federal Rehabilitation Act of 1973. If a | 8 | | parent or guardian requests a meeting, the meeting shall be | 9 | | convened within 2 school days after the request, provided that | 10 | | the 2-school day limitation shall be extended if requested by | 11 | | the parent or guardian. The parent or guardian may also | 12 | | request that the meeting be convened via telephone or video | 13 | | conference. | 14 | | The meeting shall include the student, if appropriate, at | 15 | | least one school staff member involved in the incident of | 16 | | isolated time out, time out, or physical restraint, the | 17 | | student's parent or guardian, and at least one appropriate | 18 | | school staff member not involved in the incident of isolated | 19 | | time out, time out, or physical restraint, such as a social | 20 | | worker, psychologist, nurse, or behavioral specialist. During | 21 | | the meeting, the school staff member or members involved in | 22 | | the incident of isolated time out, time out, or physical | 23 | | restraint, the student, and the student's parent or guardian, | 24 | | if applicable, shall be provided an opportunity to describe | 25 | | (i) the events that occurred prior to the incident of isolated | 26 | | time out, time out, or physical restraint and any actions that |
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| 1 | | were taken by school personnel or the student leading up to the | 2 | | incident; (ii) the incident of isolated time out, time out, or | 3 | | physical restraint; and (iii) the events that occurred or the | 4 | | actions that were taken following the incident of isolated | 5 | | time out, time out, or physical restraint and whether the | 6 | | student returned to regular school activities and, if not, how | 7 | | the student spent the remainder of the school day. All parties | 8 | | present at the meeting shall have the opportunity to discuss | 9 | | what school personnel could have done differently to avoid the | 10 | | incident of isolated time out, time out, or physical restraint | 11 | | and what alternative courses of action, if any, the school can | 12 | | take to support the student and to avoid the future use of | 13 | | isolated time out, time out, or physical restraint. At no | 14 | | point may a student be excluded from school solely because a | 15 | | meeting has not occurred. | 16 | | A summary of the meeting and any agreements or conclusions | 17 | | reached during the meeting shall be documented in writing and | 18 | | shall become part of the student's school record. A copy of the | 19 | | documents shall be provided to the student's parent or | 20 | | guardian. If a parent or guardian does not request a meeting | 21 | | within 10 school days after the school has provided the | 22 | | documents to the parent or guardian or if a parent or guardian | 23 | | fails to attend a requested meeting, that fact shall be | 24 | | documented as part of the student's school record. | 25 | | (h) Whenever isolated time out, time out, or physical | 26 | | restraint is used physical restraints are
used , school |
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| 1 | | personnel shall fully document and report to the State Board
| 2 | | of Education the incident, including the events
leading up to | 3 | | the incident, what alternative measures that are less
| 4 | | restrictive and intrusive were used prior to the use of | 5 | | isolated time out, time out, or
physical restraint, why those | 6 | | measures were ineffective or deemed inappropriate, the type of | 7 | | restraint , isolated time out, or time out that was used, the | 8 | | length of time the
student was in isolated time out or time out | 9 | | or was is restrained, and the staff involved. The parents or
| 10 | | guardian of a student and the State Superintendent of | 11 | | Education shall be informed whenever isolated time out, time | 12 | | out, or physical restraint is restraints are used.
| 13 | | Schools shall provide parents and guardians with the | 14 | | following
information, to be developed by the State Board and | 15 | | which may be incorporated into the State Board's prescribed | 16 | | physical restraint and time out form at the discretion of the | 17 | | State Board, after each
incident in which isolated time out, | 18 | | time out, or physical restraint is used during
the school | 19 | | year, in printed form or, upon the written request of
the | 20 | | parent or guardian, by email: | 21 | | (1) a copy of the standards for when isolated time | 22 | | out, time out, and physical restraint can be used; | 23 | | (2) information about the rights of parents, | 24 | | guardians, and students; and | 25 | | (3) information about the parent's or guardian's right | 26 | | to file a complaint with the State Superintendent of |
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| 1 | | Education, the complaint process, and other information to | 2 | | assist the parent or guardian in navigating the complaint | 3 | | process. | 4 | | (i) Any use of isolated time out, time out, or physical | 5 | | restraint that is permitted by the board's policy shall be | 6 | | implemented in accordance with written procedures. | 7 | | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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