Bill Amendment: IL HB3975 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SCH CD-SECLUSION PROHIBITED
Status: 2020-06-23 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB3975 Detail]
Download: Illinois-2019-HB3975-House_Amendment_001.html
Bill Title: SCH CD-SECLUSION PROHIBITED
Status: 2020-06-23 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB3975 Detail]
Download: Illinois-2019-HB3975-House_Amendment_001.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 3975
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 3975 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The School Code is amended by changing Sections | ||||||
5 | 2-3.130, 10-20.33, and 34-18.20 as follows:
| ||||||
6 | (105 ILCS 5/2-3.130)
| ||||||
7 | Sec. 2-3.130. Time out and physical restraint rules. The
| ||||||
8 | State Board of Education shall promulgate rules governing the | ||||||
9 | use of time out
and physical restraint in the public schools. | ||||||
10 | The rules shall include
provisions prohibiting seclusion as | ||||||
11 | provided under Sections 10-20.33 and 34-18.20 and governing | ||||||
12 | recordkeeping that is required when physical restraint or
more | ||||||
13 | restrictive forms of time out are used.
| ||||||
14 | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
| ||||||
15 | (105 ILCS 5/10-20.33)
|
| |||||||
| |||||||
1 | Sec. 10-20.33. Seclusion Time out and physical restraint. | ||||||
2 | (a) It is the policy of this State to treat with dignity | ||||||
3 | and respect all students, including students with disabilities | ||||||
4 | who receive special education services under Article 14, and | ||||||
5 | that a student, including a student with a disability who | ||||||
6 | receives special education services under Article 14, may not | ||||||
7 | be confined in an enclosed space, including, but not limited | ||||||
8 | to, a box, a closet, a room, or any other locked or unlocked | ||||||
9 | space, regardless of whether the space was specially designated | ||||||
10 | or utilized as either a discipline management practice or a | ||||||
11 | behavior management technique. | ||||||
12 | In this subsection (a), "seclusion" means a discipline | ||||||
13 | management practice or behavior management technique in which a | ||||||
14 | student is confined in an enclosed space that is designed | ||||||
15 | solely to seclude a person, regardless of space or dimension, | ||||||
16 | whether it is a box, a closet, a room, or any other specially | ||||||
17 | designated locked or unlocked space. | ||||||
18 | A school district employee or volunteer or an independent | ||||||
19 | contractor of a school district, including, but not limited to, | ||||||
20 | any agent acting on behalf or at the direction of a school | ||||||
21 | district employee or volunteer or independent contractor of a | ||||||
22 | school district, may not place a student in seclusion. This | ||||||
23 | subsection (a) does not apply to the use of seclusion in a | ||||||
24 | court-ordered placement, other than a placement in an | ||||||
25 | educational program of a school district, or in a placement or | ||||||
26 | facility to which other laws or rules apply. Until
rules are |
| |||||||
| |||||||
1 | adopted under Section 2-3.130 of this Code, the use
of any of | ||||||
2 | the following rooms or enclosures for time out purposes is
| ||||||
3 | prohibited :
| ||||||
4 | (1) a locked room other than one with a locking | ||||||
5 | mechanism that engages
only when a key or handle is being | ||||||
6 | held by a person;
| ||||||
7 | (2) a confining space such as a closet or box;
| ||||||
8 | (3) a room where the student cannot be continually | ||||||
9 | observed; or
| ||||||
10 | (4) any other room or enclosure or time out procedure | ||||||
11 | that is contrary to
current guidelines of the State Board | ||||||
12 | of Education.
| ||||||
13 | (b) The use of physical restraints is prohibited except as | ||||||
14 | provided by rules adopted under Section 2-3.130 of this Code. | ||||||
15 | The rules shall include provisions requiring that whenever when | ||||||
16 | (i) the student
poses a physical risk to himself, herself, or | ||||||
17 | others, (ii) there is no medical
contraindication to its use, | ||||||
18 | and (iii) the staff applying the restraint have
been trained in | ||||||
19 | its safe application. For the purposes of this Section,
| ||||||
20 | "restraint" does not include momentary periods of physical | ||||||
21 | restriction by
direct person-to-person contact, without the | ||||||
22 | aid of material or mechanical
devices, accomplished with | ||||||
23 | limited force and that are designed (i) to prevent a
student | ||||||
24 | from completing an act that would result in potential physical | ||||||
25 | harm to
himself, herself, or another or damage to property or | ||||||
26 | (ii) to remove a
disruptive student who is unwilling to |
| |||||||
| |||||||
1 | voluntarily leave the area. The use of
physical restraints that | ||||||
2 | meet the requirements of this Section may be included
in a | ||||||
3 | student's individualized education plan where deemed | ||||||
4 | appropriate by the
student's individualized education plan | ||||||
5 | team. Whenever physical restraints are
used, school personnel | ||||||
6 | shall fully document the incident, including the events
leading | ||||||
7 | up to the incident, the type of restraint used, the length of | ||||||
8 | time the
student is restrained, and the staff involved. The | ||||||
9 | parents or guardian of
a student shall be informed whenever | ||||||
10 | physical restraints are used.
| ||||||
11 | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
| ||||||
12 | (105 ILCS 5/34-18.20)
| ||||||
13 | Sec. 34-18.20. Seclusion Time out and physical restraint. | ||||||
14 | (a) It is the policy of this State to treat with dignity | ||||||
15 | and respect all students, including students with disabilities | ||||||
16 | who receive special education services under Article 14, and | ||||||
17 | that a student, including a student with a disability who | ||||||
18 | receives special education services under Article 14, may not | ||||||
19 | be confined in an enclosed space, including, but not limited | ||||||
20 | to, a box, a closet, a room, or any other locked or unlocked | ||||||
21 | space, regardless of whether the space was specially designated | ||||||
22 | or utilized as either a discipline management practice or a | ||||||
23 | behavior management technique. | ||||||
24 | In this subsection (a), "seclusion" means a discipline | ||||||
25 | management practice or behavior management technique in which a |
| |||||||
| |||||||
1 | student is confined in an enclosed space that is designed | ||||||
2 | solely to seclude a person, regardless of space or dimension, | ||||||
3 | whether it is a box, a closet, a room, or any other specially | ||||||
4 | designated locked or unlocked space. | ||||||
5 | A school district employee or volunteer or an independent | ||||||
6 | contractor of the school district, including, but not limited | ||||||
7 | to, any agent acting on behalf or at the direction of a school | ||||||
8 | district employee or volunteer or independent contractor of the | ||||||
9 | school district, may not place a student in seclusion. This | ||||||
10 | subsection (a) does not apply to the use of seclusion in a | ||||||
11 | court-ordered placement, other than a placement in an | ||||||
12 | educational program of the school district, or in a placement | ||||||
13 | or facility to which other laws or rules apply. Until
rules are | ||||||
14 | adopted under Section 2-3.130 of this Code, the use
of any of | ||||||
15 | the following rooms or enclosures for time out purposes is
| ||||||
16 | prohibited:
| ||||||
17 | (1) a locked room other than one with a locking | ||||||
18 | mechanism that engages
only when a key or handle is being | ||||||
19 | 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 guidelines of the State Board | ||||||
25 | of Education.
| ||||||
26 | (b) The use of physical restraints is prohibited except as |
| |||||||
| |||||||
1 | provided by rules adopted under Section 2-3.130 of this Code. | ||||||
2 | The rules shall include provisions requiring that whenever when | ||||||
3 | (i) the student
poses a physical risk to himself, herself, or | ||||||
4 | others, (ii) there is no medical
contraindication to its use, | ||||||
5 | and (iii) the staff applying the restraint have
been trained in | ||||||
6 | its safe application. For the purposes of this Section,
| ||||||
7 | "restraint" does not include momentary periods of physical | ||||||
8 | restriction by
direct person-to-person contact, without the | ||||||
9 | aid of material or mechanical
devices, accomplished with | ||||||
10 | limited force and that are designed (i) to prevent a
student | ||||||
11 | from completing an act that would result in potential physical | ||||||
12 | harm to
himself, herself, or another or damage to property or | ||||||
13 | (ii) to remove a
disruptive student who is unwilling to | ||||||
14 | voluntarily leave the area. The use of
physical restraints that | ||||||
15 | meet the requirements of this Section may be included
in a | ||||||
16 | student's individualized education plan where deemed | ||||||
17 | appropriate by the
student's individualized education plan | ||||||
18 | team. Whenever physical restraints are
used, school personnel | ||||||
19 | shall fully document the incident, including the events
leading | ||||||
20 | up to the incident, the type of restraint used, the length of | ||||||
21 | time the
student is restrained, and the staff involved. The | ||||||
22 | parents or
guardian of a student shall be informed whenever | ||||||
23 | physical restraints are used.
| ||||||
24 | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
| ||||||
25 | Section 99. Effective date. This Act takes effect upon |
| |||||||
| |||||||
1 | becoming law.".
|