Full Text of SB0458 103rd General Assembly
SB0458sam001 103RD GENERAL ASSEMBLY | Sen. Ann Gillespie Filed: 3/26/2024 | | 10300SB0458sam001 | | LRB103 02909 RJT 71215 a |
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| 1 | | AMENDMENT TO SENATE BILL 458
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 458 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The School Code is amended by changing | 5 | | Sections 2-3.130, 10-20.33, and 34-18.20 as follows: | 6 | | (105 ILCS 5/2-3.130) | 7 | | Sec. 2-3.130. Isolated time out, time out, and physical | 8 | | restraint rules; grant program; third-party assistance; goals | 9 | | and plans. | 10 | | (a) For purposes of this Section : , "isolated | 11 | | "Entity" means a school district, including its schools, a | 12 | | special education nonpublic school approved under Section | 13 | | 14-7.02 of this Code and located in this State, or a special | 14 | | education cooperative, to the extent the cooperative operates | 15 | | separate schools or programs within schools. | 16 | | "Isolated time out", "physical restraint", and "time out" |
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| 1 | | have the meanings given to those terms under Section 10-20.33. | 2 | | (b) The State Board of Education shall promulgate rules | 3 | | governing the use of isolated time out, time out, and physical | 4 | | restraint in entities, which special education nonpublic | 5 | | facilities and the public schools. The rules shall include | 6 | | provisions governing the documentation and reporting that is | 7 | | required each time these interventions are used. | 8 | | The rules adopted by the State Board shall include a | 9 | | procedure by which a person who believes a violation of | 10 | | Section 10-20.33 or 34-18.20 has occurred may file a | 11 | | complaint. The complaint shall be investigated by the State | 12 | | Board within 7 days after the receipt of the complaint, except | 13 | | that a complaint regarding the use of isolated time out, time | 14 | | out, or physical restraint that indicates that a student's | 15 | | life or safety is in imminent danger shall be investigated | 16 | | within 24 hours after receipt of the complaint. The State | 17 | | Board employee investigating the complaint must conduct an | 18 | | on-site inspection and, at the close of the inspection, must | 19 | | conduct a brief, informal exit conference with the entity to | 20 | | alert the entity's administration of any suspected serious | 21 | | deficiency that poses a direct threat to the health, safety, | 22 | | or welfare of a student to enable an immediate correction for | 23 | | the alleviation or elimination of the threat. The information | 24 | | and findings discussed in the exit conference shall become a | 25 | | part of the investigative record but may not in any way | 26 | | constitute an official or final notice of violation. All |
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| 1 | | complaints shall be classified as an invalid report, a valid | 2 | | report, or an undetermined report. Within 30 days after any | 3 | | State Board employee enters an entity to begin an on-site | 4 | | inspection, the State Board must prepare a written report that | 5 | | includes the basis for the outcome classification, a | 6 | | determination of whether any rule or provision of this Code | 7 | | has been or is being violated and, if appropriate, a | 8 | | corrective action plan. | 9 | | The rules adopted by the State Board shall include | 10 | | training requirements that must be included in training | 11 | | programs used to train and certify entity school personnel. | 12 | | All entity personnel whose jobs involve regular interaction | 13 | | with students, not just those involved in incidents of | 14 | | isolated time out, time out, or physical restraint, shall be | 15 | | required to undergo annual training on de-escalation | 16 | | techniques and trauma-informed practices. | 17 | | The State Board shall establish procedures for progressive | 18 | | enforcement actions to ensure that entities schools fully | 19 | | comply with the documentation and reporting requirements for | 20 | | isolated time out, time out, and physical restraint | 21 | | established by rule, which shall include meaningful and | 22 | | appropriate sanctions for the failure to comply, including the | 23 | | failure to report to the parent or guardian and to the State | 24 | | Board, the failure to timely report, and the failure to | 25 | | provide detailed documentation. | 26 | | (c) Subject to appropriation, the State Board shall , by |
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| 1 | | adoption of emergency rules under subsection (rr) of Section | 2 | | 5-45 of the Illinois Administrative Procedure Act if it so | 3 | | chooses, create a grant program for entities school districts, | 4 | | special education nonpublic facilities approved under Section | 5 | | 14-7.02 of this Code, and special education cooperatives to | 6 | | implement entity-wide school-wide , culturally sensitive, and | 7 | | trauma-informed practices, positive behavioral interventions | 8 | | and supports, and restorative practices within a multi-tiered | 9 | | system of support aimed at reducing the need for | 10 | | interventions, such as isolated time out, time out, and | 11 | | physical restraint. The State Board shall give priority in | 12 | | grant funding to those entities school districts, special | 13 | | education nonpublic facilities approved under Section 14-7.02 | 14 | | of this Code, and special education cooperatives that submit a | 15 | | plan to achieve a significant reduction or elimination in the | 16 | | use of isolated time out , time out, and physical restraint in | 17 | | less than 7 3 years. | 18 | | (d) Subject to the Illinois Procurement Code, the Illinois | 19 | | School Student Records Act, the Mental Health and | 20 | | Developmental Disabilities Confidentiality Act, and the | 21 | | federal Family Educational Rights and Privacy Act of 1974, the | 22 | | State Board may contract with a third party to provide | 23 | | assistance with the oversight and monitoring of the use of | 24 | | isolated time out, time out, and physical restraint by | 25 | | entities school districts . | 26 | | (e) For the purpose of this subsection and subsection (f), |
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| 1 | | "entity" means a school district, a special education | 2 | | nonpublic school approved under Section 14-7.02 of this Code | 3 | | and located in this State, or a special education cooperative | 4 | | to the extent the cooperative operates separate schools or | 5 | | programs within schools. | 6 | | To The State Board shall establish goals within 90 days | 7 | | after the effective date of this amendatory Act of the 102nd | 8 | | General Assembly, with specific benchmarks, for entities to | 9 | | accomplish the systemic reduction of isolated time out, time | 10 | | out, and physical restraint , entities shall reduce by 10% the | 11 | | number of incidents of those interventions and the total | 12 | | number of students subjected to those interventions for each | 13 | | of the next 7 years, beginning with the 2024-2025 school year | 14 | | within 3 years after the effective date of this amendatory Act | 15 | | of the 102nd General Assembly . The State Board shall engage in | 16 | | meaningful consultation with stakeholders to establish the | 17 | | goals, including in the review and evaluation of the data | 18 | | submitted. The State Board shall also consult stakeholders in | 19 | | efforts to develop strategies to measure and reduce racial and | 20 | | ethnic disparities in the use of isolated time out, time out, | 21 | | and physical restraint. Each entity shall create a time out | 22 | | and physical restraint oversight team that includes, but is | 23 | | not limited to, teachers, paraprofessionals, school service | 24 | | personnel, and administrators to develop (i) an | 25 | | entity-specific plan for reducing and eventually eliminating | 26 | | the use of isolated time out, time out, and physical restraint |
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| 1 | | in accordance with this subsection (e) the goals and | 2 | | benchmarks established by the State Board and (ii) procedures | 3 | | to implement the plan developed by the team. | 4 | | The progress toward the reduction and eventual elimination | 5 | | of the use of isolated time out and physical restraint shall be | 6 | | measured by the reduction in the overall number of incidents | 7 | | of those interventions and the total number of students | 8 | | subjected to those interventions. In limited cases, upon | 9 | | written application made by an entity and approved by the | 10 | | State Board based on criteria developed by the State Board to | 11 | | show good cause, the reduction in the use of those | 12 | | interventions may be measured by the frequency of the use of | 13 | | those interventions on individual students and the student | 14 | | population as a whole. An entity shall be required to submit | 15 | | the entity's reduction plan for the 2024-2025 school year to | 16 | | the State Board by October 31, 2024 and, for all subsequent | 17 | | school years, on or before July 1. Beginning with the | 18 | | 2024-2025 school year, entities The State Board shall specify | 19 | | a date for submission of the plans. Entities shall submit a | 20 | | report to the State Board once each year for 7 3 years , on or | 21 | | before July 1, after the effective date of this amendatory Act | 22 | | of the 102nd General Assembly to the State Board on the | 23 | | progress made toward achieving the requirements set forth in | 24 | | this subsection (e) goals and benchmarks established by the | 25 | | State Board and modify their plans as necessary to satisfy | 26 | | those requirements goals and benchmarks . All reduction plans, |
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| 1 | | modifications, if any, and yearly progress reports shall be | 2 | | posted on the entities' websites. Entities shall notify | 3 | | parents and guardians that the plans , modifications, and | 4 | | reports are available for review. On or before June 30, 2023, | 5 | | the State Board shall issue a report to the General Assembly on | 6 | | the progress made by entities to achieve those goals and | 7 | | benchmarks. The required plans shall include, but not be | 8 | | limited to, the specific actions that are to be taken to: | 9 | | (1) reduce and eventually eliminate a reliance on | 10 | | isolated time out, time out, and physical restraint for | 11 | | behavioral interventions and develop noncoercive | 12 | | environments; | 13 | | (2) develop individualized student plans that are | 14 | | oriented toward prevention of the use of isolated time | 15 | | out, time out, and physical restraint with the intent that | 16 | | a plan be separate and apart from a student's | 17 | | individualized education program or a student's plan for | 18 | | services under Section 504 of the federal Rehabilitation | 19 | | Act of 1973; | 20 | | (3) ensure that appropriate personnel are fully | 21 | | informed of the student's history, including any history | 22 | | of physical or sexual abuse, and other relevant medical | 23 | | and mental health information, except that any disclosure | 24 | | of student information must be consistent with federal and | 25 | | State laws and rules governing student confidentiality and | 26 | | privacy rights; and |
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| 1 | | (4) support a vision for cultural change that | 2 | | reinforces the following: | 3 | | (A) positive behavioral interventions and support | 4 | | rather than isolated time out, time out, and physical | 5 | | restraint; | 6 | | (B) effective ways to de-escalate situations to | 7 | | avoid isolated time out, time out, and physical | 8 | | restraint; | 9 | | (C) crisis intervention techniques that use | 10 | | alternatives to isolated time out, time out, and | 11 | | physical restraint; and | 12 | | (D) use of debriefing meetings to reassess what | 13 | | occurred and why it occurred and to think through ways | 14 | | to prevent use of the intervention the next time. | 15 | | (f) An entity, as defined in subsection (e), is exempt | 16 | | from the requirement to submit a plan and the annual reports | 17 | | under subsection (e) if the entity is able to demonstrate to | 18 | | the satisfaction of the State Board that (i) within the | 19 | | previous 3 years, the entity has never engaged in the use of | 20 | | isolated time out, time out, or physical restraint and (ii) | 21 | | the entity has adopted a written policy that prohibits the use | 22 | | isolated time out, time out, and physical restraint on a | 23 | | student and is able to demonstrate the enforcement of that | 24 | | policy. | 25 | | (f-5) On or before June 30, 2025, and on or before each | 26 | | June 30 thereafter through June 30, 2032, the State Board |
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| 1 | | shall report to the General Assembly on the progress made by | 2 | | entities to achieve the requirements set forth in subsection | 3 | | (e), which shall include a meaningful analysis of the data | 4 | | collected, steps that the State Board will take to address any | 5 | | lack of progress or compliance, including targeted technical | 6 | | assistance to be provided to entities, a summary of the | 7 | | investigative findings on complaints and the actions taken in | 8 | | response to those complaints, and a list of those entities | 9 | | with the highest number of valid complaints and the highest | 10 | | number of incidents of isolated time out, time out, and | 11 | | physical restraint. | 12 | | (g) The State Board shall establish a system of ongoing | 13 | | review, auditing, and monitoring to ensure that entities | 14 | | comply with the documentation and reporting requirements and | 15 | | meet the requirements set forth in subsection (e) State | 16 | | Board's established goals and benchmarks for reducing and | 17 | | eventually eliminating the use of isolated time out, time out, | 18 | | and physical restraint. | 19 | | (Source: P.A. 102-339, eff. 8-13-21; 103-175, eff. 6-30-23.) | 20 | | (105 ILCS 5/10-20.33) | 21 | | Sec. 10-20.33. Time out, isolated time out, restraint, and | 22 | | necessities; limitations and prohibitions. | 23 | | (a) The General Assembly finds and declares that the use | 24 | | of isolated time out, time out, and physical restraint on | 25 | | children and youth carries risks to the health and safety of |
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| 1 | | students and staff; therefore, the ultimate goal is to reduce | 2 | | and eventually eliminate the use of those interventions. The | 3 | | General Assembly also finds and declares that the State Board | 4 | | of Education must take affirmative action to lead and support | 5 | | schools in transforming the school culture to reduce and | 6 | | eliminate the use of all such interventions over time. | 7 | | (b) In this Section: | 8 | | "Chemical restraint" means the use of medication to | 9 | | control a student's behavior or to restrict a student's | 10 | | freedom of movement. "Chemical restraint" does not include | 11 | | medication that is legally prescribed and administered as part | 12 | | of a student's regular medical regimen to manage behavioral | 13 | | symptoms and treat medical symptoms. | 14 | | "Isolated time out" means the involuntary confinement of a | 15 | | student alone in a time out room or other enclosure outside of | 16 | | the classroom without a supervising adult in the time out room | 17 | | or enclosure. | 18 | | "Isolated time out" or "time out" does not include a | 19 | | student-initiated or student-requested break, a | 20 | | student-initiated sensory break or a teacher-initiated sensory | 21 | | break that may include a sensory room containing sensory tools | 22 | | to assist a student to calm and de-escalate, an in-school | 23 | | suspension or detention, or any other appropriate disciplinary | 24 | | measure, including the student's brief removal to the hallway | 25 | | or similar environment. | 26 | | "Mechanical restraint" means the use of any device or |
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| 1 | | equipment to limit a student's movement or to hold a student | 2 | | immobile. "Mechanical restraint" does not include any | 3 | | restraint used to (i) treat a student's medical needs; (ii) | 4 | | protect a student who is known to be at risk of injury | 5 | | resulting from a lack of coordination or frequent loss of | 6 | | consciousness; (iii) position a student with physical | 7 | | disabilities in a manner specified in the student's | 8 | | individualized education program, federal Section 504 plan, or | 9 | | other plan of care; (iv) provide a supplementary aid, service, | 10 | | or accommodation, including, but not limited to, assistive | 11 | | technology that provides proprioceptive input or aids in | 12 | | self-regulation; or (v) promote student safety in vehicles | 13 | | used to transport students. | 14 | | "Physical restraint" or "restraint" means holding a | 15 | | student or otherwise restricting a student's movements. | 16 | | "Physical restraint" or "restraint" does not include momentary | 17 | | periods of physical restriction by direct person to person | 18 | | contact, without the aid of material or mechanical devices, | 19 | | that are accomplished with limited force and that are designed | 20 | | to prevent a student from completing an act that would result | 21 | | in potential physical harm to himself, herself, or another or | 22 | | damage to property. | 23 | | "Prone physical restraint" means a physical restraint in | 24 | | which a student is held face down on the floor or other surface | 25 | | and physical pressure is applied to the student's body to keep | 26 | | the student in the prone position. |
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| 1 | | "Time out" means a behavior management technique for the | 2 | | purpose of calming or de-escalation that involves the | 3 | | involuntary monitored separation of a student from classmates | 4 | | with a trained adult for part of the school day, only for a | 5 | | brief time, in a nonlocked setting. | 6 | | (c) Isolated time out, time out, and physical restraint, | 7 | | other than prone physical restraint, may be used only if (i) | 8 | | the student's behavior presents an imminent danger of serious | 9 | | physical harm to the student or to others; (ii) other less | 10 | | restrictive and intrusive measures have been tried and have | 11 | | proven to be ineffective in stopping the imminent danger of | 12 | | serious physical harm; (iii) there is no known medical | 13 | | contraindication to its use on the student; and (iv) the | 14 | | school staff member or members applying the use of time out, | 15 | | isolated time out, or physical restraint on a student have | 16 | | been trained in its safe application, as established by rule | 17 | | by the State Board of Education. Isolated time out is allowed | 18 | | only under limited circumstances as set forth in this Section. | 19 | | If all other requirements under this Section are met, isolated | 20 | | time out may be used only if the adult in the time out room or | 21 | | enclosure is in imminent danger of serious physical harm | 22 | | because the student is unable to cease actively engaging in | 23 | | extreme physical aggression. | 24 | | Mechanical restraint , and chemical restraint , and prone | 25 | | physical restraint are prohibited. Prone restraint is | 26 | | prohibited except when all of the following conditions are |
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| 1 | | satisfied: | 2 | | (1) The student's Behavior Intervention Plan | 3 | | specifically allows for prone restraint of the student. | 4 | | (2) The Behavior Intervention Plan was put into place | 5 | | before January 1, 2021. | 6 | | (3) The student's Behavior Intervention Plan has been | 7 | | approved by the IEP team. | 8 | | (4) The school staff member or staff members applying | 9 | | the use of prone restraint on a student have been trained | 10 | | in its safe application as established by rule by the | 11 | | State Board of Education. | 12 | | (5) The school must be able to document and | 13 | | demonstrate to the IEP team that the use of other | 14 | | de-escalation techniques provided for in the student's | 15 | | Behavior Intervention Plan were ineffective. | 16 | | (6) The use of prone restraint occurs within the | 17 | | 2021-2022 school year. | 18 | | All instances of the utilization of prone physical restraint | 19 | | must be reported in accordance with the provisions of Public | 20 | | Act 102-339 this amendatory Act of the 102nd General Assembly . | 21 | | Nothing in this Section shall prohibit the State Board of | 22 | | Education from adopting administrative rules that further | 23 | | restrict or disqualify the use of prone restraint. | 24 | | (d) The use of any of the following rooms or enclosures for | 25 | | an isolated time out or time out purposes is prohibited: | 26 | | (1) a locked room or a room in which the door is |
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| 1 | | obstructed, prohibiting it from opening; | 2 | | (2) a confining space such as a closet or box; | 3 | | (3) a room where the student cannot be continually | 4 | | observed; or | 5 | | (4) any other room or enclosure or time out procedure | 6 | | that is contrary to current rules adopted by the State | 7 | | Board of Education. | 8 | | (e) The deprivation of necessities needed to sustain the | 9 | | health of a person, including, without limitation, the denial | 10 | | or unreasonable delay in the provision of the following, is | 11 | | prohibited: | 12 | | (1) food or liquid at a time when it is customarily | 13 | | served; | 14 | | (2) medication; or | 15 | | (3) the use of a restroom. | 16 | | (f) (Blank). | 17 | | (g) Following each incident of isolated time out, time | 18 | | out, or physical restraint, but no later than 2 school days | 19 | | after the incident, the principal or another designated | 20 | | administrator shall notify the student's parent or guardian | 21 | | that he or she may request a meeting with appropriate school | 22 | | personnel to discuss the incident. This meeting shall be held | 23 | | separate and apart from meetings held in accordance with the | 24 | | student's individualized education program or from meetings | 25 | | held in accordance with the student's plan for services under | 26 | | Section 504 of the federal Rehabilitation Act of 1973. If a |
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| 1 | | parent or guardian requests a meeting, the meeting shall be | 2 | | convened within 2 school days after the request, provided that | 3 | | the 2-school day limitation shall be extended if requested by | 4 | | the parent or guardian. The parent or guardian may also | 5 | | request that the meeting be convened via telephone or video | 6 | | conference. | 7 | | The meeting shall include the student, if appropriate, at | 8 | | least one school staff member involved in the incident of | 9 | | isolated time out, time out, or physical restraint, the | 10 | | student's parent or guardian, and at least one appropriate | 11 | | school staff member not involved in the incident of isolated | 12 | | time out, time out, or physical restraint, such as a social | 13 | | worker, psychologist, nurse, or behavioral specialist. During | 14 | | the meeting, the school staff member or members involved in | 15 | | the incident of isolated time out, time out, or physical | 16 | | restraint, the student, and the student's parent or guardian, | 17 | | if applicable, shall be provided an opportunity to describe | 18 | | (i) the events that occurred prior to the incident of isolated | 19 | | time out, time out, or physical restraint and any actions that | 20 | | were taken by school personnel or the student leading up to the | 21 | | incident; (ii) the incident of isolated time out, time out, or | 22 | | physical restraint; and (iii) the events that occurred or the | 23 | | actions that were taken following the incident of isolated | 24 | | time out, time out, or physical restraint and whether the | 25 | | student returned to regular school activities and, if not, how | 26 | | the student spent the remainder of the school day. All parties |
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| 1 | | present at the meeting shall have the opportunity to discuss | 2 | | what school personnel could have done differently to avoid the | 3 | | incident of isolated time out, time out, or physical restraint | 4 | | and what alternative courses of action, if any, the school can | 5 | | take to support the student and to avoid the future use of | 6 | | isolated time out, time out, or physical restraint. At no | 7 | | point may a student be excluded from school solely because a | 8 | | meeting has not occurred. | 9 | | A summary of the meeting and any agreements or conclusions | 10 | | reached during the meeting shall be documented in writing and | 11 | | shall become part of the student's school record. A copy of the | 12 | | documents shall be provided to the student's parent or | 13 | | guardian. If a parent or guardian does not request a meeting | 14 | | within 10 school days after the school has provided the | 15 | | documents to the parent or guardian or if a parent or guardian | 16 | | fails to attend a requested meeting, that fact shall be | 17 | | documented as part of the student's school record. | 18 | | (h) Whenever isolated time out, time out, or physical | 19 | | restraint is used, school personnel shall fully document and | 20 | | report to the State Board of Education the incident, including | 21 | | the events leading up to the incident, what alternative | 22 | | measures that are less restrictive and intrusive were used | 23 | | prior to the use of isolated time out, time out, or physical | 24 | | restraint, why those measures were ineffective or deemed | 25 | | inappropriate, the type of restraint, isolated time out, or | 26 | | time out that was used, the length of time the student was in |
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| 1 | | isolated time out or time out or was restrained, and the staff | 2 | | involved. The parents or guardian of a student and the State | 3 | | Superintendent of Education shall be informed whenever | 4 | | isolated time out, time out, or physical restraint is used. | 5 | | Schools shall provide parents and guardians with the | 6 | | following information, to be developed by the State Board and | 7 | | which may be incorporated into the State Board's prescribed | 8 | | physical restraint and time out form at the discretion of the | 9 | | State Board, after each incident in which isolated time out, | 10 | | time out, or physical restraint is used during the school | 11 | | year, in printed form or, upon the written request of the | 12 | | parent or guardian, by email: | 13 | | (1) a copy of the standards for when isolated time | 14 | | out, time out, and physical restraint can be used; | 15 | | (2) information about the rights of parents, | 16 | | guardians, and students; and | 17 | | (3) information about the parent's or guardian's right | 18 | | to file a complaint with the State Superintendent of | 19 | | Education, the complaint process, and other information to | 20 | | assist the parent or guardian in navigating the complaint | 21 | | process. | 22 | | (i) Any use of isolated time out, time out, or physical | 23 | | restraint that is permitted by a school board's policy shall | 24 | | be implemented in accordance with written procedures. | 25 | | (Source: P.A. 102-339, eff. 8-13-21.) |
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| 1 | | (105 ILCS 5/34-18.20) | 2 | | Sec. 34-18.20. Time out, isolated time out, restraint, and | 3 | | necessities; limitations and prohibitions. | 4 | | (a) The General Assembly finds and declares that the use | 5 | | of isolated time out, time out, and physical restraint on | 6 | | children and youth carries risks to the health and safety of | 7 | | students and staff; therefore, the ultimate goal is to reduce | 8 | | and eventually eliminate the use of those interventions. The | 9 | | General Assembly also finds and declares that the State Board | 10 | | of Education must take affirmative action to lead and support | 11 | | schools in transforming the school culture to reduce and | 12 | | eliminate the use of all such interventions over time. | 13 | | (b) In this Section: | 14 | | "Chemical restraint" means the use of medication to | 15 | | control a student's behavior or to restrict a student's | 16 | | freedom of movement. "Chemical restraint" does not include | 17 | | medication that is legally prescribed and administered as part | 18 | | of a student's regular medical regimen to manage behavioral | 19 | | symptoms and treat medical symptoms. | 20 | | "Isolated time out" means the involuntary confinement of a | 21 | | student alone in a time out room or other enclosure outside of | 22 | | the classroom without a supervising adult in the time out room | 23 | | or enclosure. | 24 | | "Isolated time out" or "time out" does not include a | 25 | | student-initiated or student-requested break, a | 26 | | student-initiated sensory break or a teacher-initiated sensory |
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| 1 | | break that may include a sensory room containing sensory tools | 2 | | to assist a student to calm and de-escalate, an in-school | 3 | | suspension or detention, or any other appropriate disciplinary | 4 | | measure, including the student's brief removal to the hallway | 5 | | or similar environment. | 6 | | "Mechanical restraint" means the use of any device or | 7 | | equipment to limit a student's movement or to hold a student | 8 | | immobile. "Mechanical restraint" does not include any | 9 | | restraint used to (i) treat a student's medical needs; (ii) | 10 | | protect a student who is known to be at risk of injury | 11 | | resulting from a lack of coordination or frequent loss of | 12 | | consciousness; (iii) position a student with physical | 13 | | disabilities in a manner specified in the student's | 14 | | individualized education program, federal Section 504 plan, or | 15 | | other plan of care; (iv) provide a supplementary aid, service, | 16 | | or accommodation, including, but not limited to, assistive | 17 | | technology that provides proprioceptive input or aids in | 18 | | self-regulation; or (v) promote student safety in vehicles | 19 | | used to transport students. | 20 | | "Physical restraint" or "restraint" means holding a | 21 | | student or otherwise restricting a student's movements. | 22 | | "Physical restraint" or "restraint" does not include momentary | 23 | | periods of physical restriction by direct person to person | 24 | | contact, without the aid of material or mechanical devices, | 25 | | that are accomplished with limited force and that are designed | 26 | | to prevent a student from completing an act that would result |
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| 1 | | in potential physical harm to himself, herself, or another or | 2 | | damage to property. | 3 | | "Prone physical restraint" means a physical restraint in | 4 | | which a student is held face down on the floor or other surface | 5 | | and physical pressure is applied to the student's body to keep | 6 | | the student in the prone position. | 7 | | "Time out" means a behavior management technique for the | 8 | | purpose of calming or de-escalation that involves the | 9 | | involuntary monitored separation of a student from classmates | 10 | | with a trained adult for part of the school day, only for a | 11 | | brief time, in a nonlocked setting. | 12 | | (c) Isolated time out, time out, and physical restraint, | 13 | | other than prone physical restraint, may be used only if (i) | 14 | | the student's behavior presents an imminent danger of serious | 15 | | physical harm to the student or to others; (ii) other less | 16 | | restrictive and intrusive measures have been tried and have | 17 | | proven to be ineffective in stopping the imminent danger of | 18 | | serious physical harm; (iii) there is no known medical | 19 | | contraindication to its use on the student; and (iv) the | 20 | | school staff member or members applying the use of time out, | 21 | | isolated time out, or physical restraint on a student have | 22 | | been trained in its safe application, as established by rule | 23 | | by the State Board of Education. Isolated time out is allowed | 24 | | only under limited circumstances as set forth in this Section. | 25 | | If all other requirements under this Section are met, isolated | 26 | | time out may be used only if the adult in the time out room or |
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| 1 | | enclosure is in imminent danger of serious physical harm | 2 | | because the student is unable to cease actively engaging in | 3 | | extreme physical aggression. | 4 | | Mechanical restraint , and chemical restraint , and prone | 5 | | physical restraint are prohibited. Prone restraint is | 6 | | prohibited except when all of the following conditions are | 7 | | satisfied: | 8 | | (1) The student's Behavior Intervention Plan | 9 | | specifically allows for prone restraint of the student. | 10 | | (2) The Behavior Intervention Plan was put into place | 11 | | before January 1, 2021. | 12 | | (3) The student's Behavior Intervention Plan has been | 13 | | approved by the IEP team. | 14 | | (4) The school staff member or staff members applying | 15 | | the use of prone restraint on a student have been trained | 16 | | in its safe application as established by rule by the | 17 | | State Board of Education. | 18 | | (5) The school must be able to document and | 19 | | demonstrate to the IEP team that the use of other | 20 | | de-escalation techniques provided for in the student's | 21 | | Behavior Intervention Plan were ineffective. | 22 | | (6) The use of prone restraint occurs within the | 23 | | 2021-2022 school year. | 24 | | All instances of the utilization of prone physical restraint | 25 | | must be reported in accordance with the provisions of Public | 26 | | Act 102-339 this amendatory Act of the 102nd General Assembly . |
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| 1 | | Nothing in this Section shall prohibit the State Board of | 2 | | Education from adopting administrative rules that further | 3 | | restrict or disqualify the use of prone restraint. | 4 | | (d) The use of any of the following rooms or enclosures for | 5 | | an isolated time out or time out purposes is prohibited: | 6 | | (1) a locked room or a room in which the door is | 7 | | obstructed, prohibiting it from opening; | 8 | | (2) a confining space such as a closet or box; | 9 | | (3) a room where the student cannot be continually | 10 | | observed; or | 11 | | (4) any other room or enclosure or time out procedure | 12 | | that is contrary to current rules adopted by the State | 13 | | Board of Education. | 14 | | (e) The deprivation of necessities needed to sustain the | 15 | | health of a person, including, without limitation, the denial | 16 | | or unreasonable delay in the provision of the following, is | 17 | | prohibited: | 18 | | (1) food or liquid at a time when it is customarily | 19 | | served; | 20 | | (2) medication; or | 21 | | (3) the use of a restroom. | 22 | | (f) (Blank). | 23 | | (g) Following each incident of isolated time out, time | 24 | | out, or physical restraint, but no later than 2 school days | 25 | | after the incident, the principal or another designated | 26 | | administrator shall notify the student's parent or guardian |
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| 1 | | that he or she may request a meeting with appropriate school | 2 | | personnel to discuss the incident. This meeting shall be held | 3 | | separate and apart from meetings held in accordance with the | 4 | | student's individualized education program or from meetings | 5 | | held in accordance with the student's plan for services under | 6 | | Section 504 of the federal Rehabilitation Act of 1973. If a | 7 | | parent or guardian requests a meeting, the meeting shall be | 8 | | convened within 2 school days after the request, provided that | 9 | | the 2-school day limitation shall be extended if requested by | 10 | | the parent or guardian. The parent or guardian may also | 11 | | request that the meeting be convened via telephone or video | 12 | | conference. | 13 | | The meeting shall include the student, if appropriate, at | 14 | | least one school staff member involved in the incident of | 15 | | isolated time out, time out, or physical restraint, the | 16 | | student's parent or guardian, and at least one appropriate | 17 | | school staff member not involved in the incident of isolated | 18 | | time out, time out, or physical restraint, such as a social | 19 | | worker, psychologist, nurse, or behavioral specialist. During | 20 | | the meeting, the school staff member or members involved in | 21 | | the incident of isolated time out, time out, or physical | 22 | | restraint, the student, and the student's parent or guardian, | 23 | | if applicable, shall be provided an opportunity to describe | 24 | | (i) the events that occurred prior to the incident of isolated | 25 | | time out, time out, or physical restraint and any actions that | 26 | | were taken by school personnel or the student leading up to the |
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| 1 | | incident; (ii) the incident of isolated time out, time out, or | 2 | | physical restraint; and (iii) the events that occurred or the | 3 | | actions that were taken following the incident of isolated | 4 | | time out, time out, or physical restraint and whether the | 5 | | student returned to regular school activities and, if not, how | 6 | | the student spent the remainder of the school day. All parties | 7 | | present at the meeting shall have the opportunity to discuss | 8 | | what school personnel could have done differently to avoid the | 9 | | incident of isolated time out, time out, or physical restraint | 10 | | and what alternative courses of action, if any, the school can | 11 | | take to support the student and to avoid the future use of | 12 | | isolated time out, time out, or physical restraint. At no | 13 | | point may a student be excluded from school solely because a | 14 | | meeting has not occurred. | 15 | | A summary of the meeting and any agreements or conclusions | 16 | | reached during the meeting shall be documented in writing and | 17 | | shall become part of the student's school record. A copy of the | 18 | | documents shall be provided to the student's parent or | 19 | | guardian. If a parent or guardian does not request a meeting | 20 | | within 10 school days after the school has provided the | 21 | | documents to the parent or guardian or if a parent or guardian | 22 | | fails to attend a requested meeting, that fact shall be | 23 | | documented as part of the student's school record. | 24 | | (h) Whenever isolated time out, time out, or physical | 25 | | restraint is used, school personnel shall fully document and | 26 | | report to the State Board of Education the incident, including |
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| 1 | | the events leading up to the incident, what alternative | 2 | | measures that are less restrictive and intrusive were used | 3 | | prior to the use of isolated time out, time out, or physical | 4 | | restraint, why those measures were ineffective or deemed | 5 | | inappropriate, the type of restraint, isolated time out, or | 6 | | time out that was used, the length of time the student was in | 7 | | isolated time out or time out or was restrained, and the staff | 8 | | involved. The parents or guardian of a student and the State | 9 | | Superintendent of Education shall be informed whenever | 10 | | isolated time out, time out, or physical restraint is used. | 11 | | Schools shall provide parents and guardians with the | 12 | | following information, to be developed by the State Board and | 13 | | which may be incorporated into the State Board's prescribed | 14 | | physical restraint and time out form at the discretion of the | 15 | | State Board, after each incident in which isolated time out, | 16 | | time out, or physical restraint is used during the school | 17 | | year, in printed form or, upon the written request of the | 18 | | parent or guardian, by email: | 19 | | (1) a copy of the standards for when isolated time | 20 | | out, time out, and physical restraint can be used; | 21 | | (2) information about the rights of parents, | 22 | | guardians, and students; and | 23 | | (3) information about the parent's or guardian's right | 24 | | to file a complaint with the State Superintendent of | 25 | | Education, the complaint process, and other information to | 26 | | assist the parent or guardian in navigating the complaint |
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| 1 | | process. | 2 | | (i) Any use of isolated time out, time out, or physical | 3 | | restraint that is permitted by the board's policy shall be | 4 | | implemented in accordance with written procedures. | 5 | | (Source: P.A. 102-339, eff. 8-13-21; 103-175, eff. 6-30-23.) | 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.". |
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