Illinois General Assembly - Full Text of SB0458
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Full Text of SB0458  103rd General Assembly

SB0458sam002 103RD GENERAL ASSEMBLY

Sen. Mark L. Walker

Filed: 5/17/2024

 

 


 

 


 
10300SB0458sam002LRB103 02909 RJT 73581 a

1
AMENDMENT TO SENATE BILL 458

2    AMENDMENT NO. ______. Amend Senate Bill 458 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
52-3.130 as follows:
 
6    (105 ILCS 5/2-3.130)
7    Sec. 2-3.130. Isolated time out, time out, and physical
8restraint rules; grant program; third-party assistance; goals
9and plans.
10    (a) For purposes of this Section, "isolated time out",
11"physical restraint", and "time out" have the meanings given
12to those terms under Section 10-20.33.
13    (b) The State Board of Education shall promulgate rules
14governing the use of isolated time out, time out, and physical
15restraint in special education nonpublic facilities and the
16public schools. The rules shall include provisions governing

 

 

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1the documentation and reporting that is required each time
2these interventions are used.
3    The rules adopted by the State Board shall include a
4procedure by which a person who believes a violation of
5Section 10-20.33 or 34-18.20 has occurred may file a
6complaint. The rules adopted by the State Board shall include
7training requirements that must be included in training
8programs used to train and certify school personnel.
9    The State Board shall establish procedures for progressive
10enforcement actions to ensure that schools fully comply with
11the documentation and reporting requirements for isolated time
12out, time out, and physical restraint established by rule,
13which shall include meaningful and appropriate sanctions for
14the failure to comply, including the failure to report to the
15parent or guardian and to the State Board, the failure to
16timely report, and the failure to provide detailed
17documentation.
18    (c) Subject to appropriation, the State Board shall, by
19adoption of emergency rules under subsection (rr) of Section
205-45 of the Illinois Administrative Procedure Act if it so
21chooses, create a grant program for school districts, special
22education nonpublic facilities approved under Section 14-7.02
23of this Code, and special education cooperatives to implement
24school-wide, culturally sensitive, and trauma-informed
25practices, positive behavioral interventions and supports, and
26restorative practices within a multi-tiered system of support

 

 

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1aimed at reducing the need for interventions, such as isolated
2time out, time out, and physical restraint. The State Board
3shall give priority in grant funding to those school
4districts, special education nonpublic facilities approved
5under Section 14-7.02 of this Code, and special education
6cooperatives that submit a plan to achieve a significant
7reduction or elimination in the use of isolated time out and
8physical restraint in less than 3 years.
9    (d) Subject to the Illinois Procurement Code, the Illinois
10School Student Records Act, the Mental Health and
11Developmental Disabilities Confidentiality Act, and the
12federal Family Educational Rights and Privacy Act of 1974, the
13State Board may contract with a third party to provide
14assistance with the oversight and monitoring of the use of
15isolated time out, time out, and physical restraint by school
16districts.
17    (e) For the purpose of this subsection and subsection (f),
18"entity" means a school district, a special education
19nonpublic school approved under Section 14-7.02 of this Code
20and located in this State, or a special education cooperative
21to the extent the cooperative operates separate schools or
22programs within schools.
23    The State Board shall establish goals within 90 days after
24August 13, 2021 (the effective date of Public Act 102-339)
25this amendatory Act of the 102nd General Assembly, with
26specific benchmarks, for entities to accomplish the systemic

 

 

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1reduction of isolated time out, time out, and physical
2restraint within 3 years after the effective date of this
3amendatory Act of the 102nd General Assembly. The State Board
4shall engage in meaningful consultation with stakeholders to
5establish the goals, including in the review and evaluation of
6the data submitted. The State Board shall also consult
7stakeholders in efforts to develop strategies to measure and
8reduce racial and ethnic disparities in the use of isolated
9time out, time out, and physical restraint. Each entity shall
10create a time out and physical restraint oversight team that
11includes, but is not limited to, teachers, paraprofessionals,
12school service personnel, and administrators to develop (i) an
13entity-specific plan for reducing and eventually eliminating
14the use of isolated time out, time out, and physical restraint
15in accordance with the goals and benchmarks established by the
16State Board and (ii) procedures to implement the plan
17developed by the team.
18    The progress toward the reduction and eventual elimination
19of the use of isolated time out and physical restraint shall be
20measured by the reduction in the overall number of incidents
21of those interventions and the total number of students
22subjected to those interventions. In limited cases, upon
23written application made by an entity and approved by the
24State Board based on criteria developed by the State Board to
25show good cause, the reduction in the use of those
26interventions may be measured by the frequency of the use of

 

 

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1those interventions on individual students and the student
2population as a whole. The State Board shall specify a date for
3submission of the plans. Entities shall submit a report once
4each year until August 1, 2027 for 3 years after the effective
5date of this amendatory Act of the 102nd General Assembly to
6the State Board on the progress made toward achieving the
7goals and benchmarks established by the State Board and modify
8their plans as necessary to satisfy those goals and
9benchmarks. Entities shall notify parents and guardians that
10the plans and reports are available for review. On or before
11June 30, 2026 2023, the State Board shall issue a report to the
12General Assembly on the progress made by entities to achieve
13those goals and benchmarks. The required plans shall include,
14but not be limited to, the specific actions that are to be
15taken to:
16        (1) reduce and eventually eliminate a reliance on
17    isolated time out, time out, and physical restraint for
18    behavioral interventions and develop noncoercive
19    environments;
20        (2) develop individualized student plans that are
21    oriented toward prevention of the use of isolated time
22    out, time out, and physical restraint with the intent that
23    a plan be separate and apart from a student's
24    individualized education program or a student's plan for
25    services under Section 504 of the federal Rehabilitation
26    Act of 1973;

 

 

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1        (3) ensure that appropriate personnel are fully
2    informed of the student's history, including any history
3    of physical or sexual abuse, and other relevant medical
4    and mental health information, except that any disclosure
5    of student information must be consistent with federal and
6    State laws and rules governing student confidentiality and
7    privacy rights; and
8        (4) support a vision for cultural change that
9    reinforces the following:
10            (A) positive behavioral interventions and support
11        rather than isolated time out, time out, and physical
12        restraint;
13            (B) effective ways to de-escalate situations to
14        avoid isolated time out, time out, and physical
15        restraint;
16            (C) crisis intervention techniques that use
17        alternatives to isolated time out, time out, and
18        physical restraint; and
19            (D) use of debriefing meetings to reassess what
20        occurred and why it occurred and to think through ways
21        to prevent use of the intervention the next time.
22    (f) An entity, as defined in subsection (e), is exempt
23from the requirement to submit a plan and the annual reports
24under subsection (e) if the entity is able to demonstrate to
25the satisfaction of the State Board that (i) within the
26previous 3 years, the entity has never engaged in the use of

 

 

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1isolated time out, time out, or physical restraint and (ii)
2the entity has adopted a written policy that prohibits the use
3isolated time out, time out, and physical restraint on a
4student and is able to demonstrate the enforcement of that
5policy.
6    (g) The State Board shall establish a system of ongoing
7review, auditing, and monitoring to ensure that entities
8comply with the documentation and reporting requirements and
9meet the State Board's established goals and benchmarks for
10reducing and eventually eliminating the use of isolated time
11out, time out, and physical restraint.
12(Source: P.A. 102-339, eff. 8-13-21; 103-175, eff. 6-30-23.)".