Bill Amendment: IL SB0458 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: EDUCATION-TECH

Status: 2024-05-31 - Rule 19(a) / Re-referred to Rules Committee [SB0458 Detail]

Download: Illinois-2023-SB0458-Senate_Amendment_001.html

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Sen. Ann Gillespie

Filed: 3/26/2024

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AMENDMENT TO SENATE BILL 458
AMENDMENT NO. ______. Amend Senate Bill 458 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing
Sections 2-3.130, 10-20.33, and 34-18.20 as follows:
(105 ILCS 5/2-3.130)
Sec. 2-3.130. Isolated time out, time out, and physical
restraint rules; grant program; third-party assistance; goals
and plans.
(a) For purposes of this Section: , "isolated
"Entity" means a school district, including its schools, a
special education nonpublic school approved under Section
14-7.02 of this Code and located in this State, or a special
education cooperative, to the extent the cooperative operates
separate schools or programs within schools.
"Isolated time out", "physical restraint", and "time out"

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have the meanings given to those terms under Section 10-20.33.
(b) The State Board of Education shall promulgate rules
governing the use of isolated time out, time out, and physical
restraint in entities, which special education nonpublic
facilities and the public schools. The rules shall include
provisions governing the documentation and reporting that is
required each time these interventions are used.
The rules adopted by the State Board shall include a
procedure by which a person who believes a violation of
Section 10-20.33 or 34-18.20 has occurred may file a
complaint. The complaint shall be investigated by the State
Board within 7 days after the receipt of the complaint, except
that a complaint regarding the use of isolated time out, time
out, or physical restraint that indicates that a student's
life or safety is in imminent danger shall be investigated
within 24 hours after receipt of the complaint. The State
Board employee investigating the complaint must conduct an
on-site inspection and, at the close of the inspection, must
conduct a brief, informal exit conference with the entity to
alert the entity's administration of any suspected serious
deficiency that poses a direct threat to the health, safety,
or welfare of a student to enable an immediate correction for
the alleviation or elimination of the threat. The information
and findings discussed in the exit conference shall become a
part of the investigative record but may not in any way
constitute an official or final notice of violation. All

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complaints shall be classified as an invalid report, a valid
report, or an undetermined report. Within 30 days after any
State Board employee enters an entity to begin an on-site
inspection, the State Board must prepare a written report that
includes the basis for the outcome classification, a
determination of whether any rule or provision of this Code
has been or is being violated and, if appropriate, a
corrective action plan.
The rules adopted by the State Board shall include
training requirements that must be included in training
programs used to train and certify entity school personnel.
All entity personnel whose jobs involve regular interaction
with students, not just those involved in incidents of
isolated time out, time out, or physical restraint, shall be
required to undergo annual training on de-escalation
techniques and trauma-informed practices.
The State Board shall establish procedures for progressive
enforcement actions to ensure that entities schools fully
comply with the documentation and reporting requirements for
isolated time out, time out, and physical restraint
established by rule, which shall include meaningful and
appropriate sanctions for the failure to comply, including the
failure to report to the parent or guardian and to the State
Board, the failure to timely report, and the failure to
provide detailed documentation.
(c) Subject to appropriation, the State Board shall, by

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adoption of emergency rules under subsection (rr) of Section
5-45 of the Illinois Administrative Procedure Act if it so
chooses, create a grant program for entities school districts,
special education nonpublic facilities approved under Section
14-7.02 of this Code, and special education cooperatives to
implement entity-wide school-wide, culturally sensitive, and
trauma-informed practices, positive behavioral interventions
and supports, and restorative practices within a multi-tiered
system of support aimed at reducing the need for
interventions, such as isolated time out, time out, and
physical restraint. The State Board shall give priority in
grant funding to those entities school districts, special
education nonpublic facilities approved under Section 14-7.02
of this Code, and special education cooperatives that submit a
plan to achieve a significant reduction or elimination in the
use of isolated time out, time out, and physical restraint in
less than 7 3 years.
(d) Subject to the Illinois Procurement Code, the Illinois
School Student Records Act, the Mental Health and
Developmental Disabilities Confidentiality Act, and the
federal Family Educational Rights and Privacy Act of 1974, the
State Board may contract with a third party to provide
assistance with the oversight and monitoring of the use of
isolated time out, time out, and physical restraint by
entities school districts.
(e) For the purpose of this subsection and subsection (f),

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"entity" means a school district, a special education
nonpublic school approved under Section 14-7.02 of this Code
and located in this State, or a special education cooperative
to the extent the cooperative operates separate schools or
programs within schools.
To The State Board shall establish goals within 90 days
after the effective date of this amendatory Act of the 102nd
General Assembly, with specific benchmarks, for entities to
accomplish the systemic reduction of isolated time out, time
out, and physical restraint, entities shall reduce by 10% the
number of incidents of those interventions and the total
number of students subjected to those interventions for each
of the next 7 years, beginning with the 2024-2025 school year
within 3 years after the effective date of this amendatory Act
of the 102nd General Assembly. The State Board shall engage in
meaningful consultation with stakeholders to establish the
goals, including in the review and evaluation of the data
submitted. The State Board shall also consult stakeholders in
efforts to develop strategies to measure and reduce racial and
ethnic disparities in the use of isolated time out, time out,
and physical restraint. Each entity shall create a time out
and physical restraint oversight team that includes, but is
not limited to, teachers, paraprofessionals, school service
personnel, and administrators to develop (i) an
entity-specific plan for reducing and eventually eliminating
the use of isolated time out, time out, and physical restraint

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in accordance with this subsection (e) the goals and
benchmarks established by the State Board and (ii) procedures
to implement the plan developed by the team.
The progress toward the reduction and eventual elimination
of the use of isolated time out and physical restraint shall be
measured by the reduction in the overall number of incidents
of those interventions and the total number of students
subjected to those interventions. In limited cases, upon
written application made by an entity and approved by the
State Board based on criteria developed by the State Board to
show good cause, the reduction in the use of those
interventions may be measured by the frequency of the use of
those interventions on individual students and the student
population as a whole. An entity shall be required to submit
the entity's reduction plan for the 2024-2025 school year to
the State Board by October 31, 2024 and, for all subsequent
school years, on or before July 1. Beginning with the
2024-2025 school year, entities The State Board shall specify
a date for submission of the plans. Entities shall submit a
report to the State Board once each year for 7 3 years, on or
before July 1, after the effective date of this amendatory Act
of the 102nd General Assembly to the State Board on the
progress made toward achieving the requirements set forth in
this subsection (e) goals and benchmarks established by the
State Board and modify their plans as necessary to satisfy
those requirements goals and benchmarks. All reduction plans,

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modifications, if any, and yearly progress reports shall be
posted on the entities' websites. Entities shall notify
parents and guardians that the plans, modifications, and
reports are available for review. On or before June 30, 2023,
the State Board shall issue a report to the General Assembly on
the progress made by entities to achieve those goals and
benchmarks. The required plans shall include, but not be
limited to, the specific actions that are to be taken to:
(1) reduce and eventually eliminate a reliance on
isolated time out, time out, and physical restraint for
behavioral interventions and develop noncoercive
environments;
(2) develop individualized student plans that are
oriented toward prevention of the use of isolated time
out, time out, and physical restraint with the intent that
a plan be separate and apart from a student's
individualized education program or a student's plan for
services under Section 504 of the federal Rehabilitation
Act of 1973;
(3) ensure that appropriate personnel are fully
informed of the student's history, including any history
of physical or sexual abuse, and other relevant medical
and mental health information, except that any disclosure
of student information must be consistent with federal and
State laws and rules governing student confidentiality and
privacy rights; and

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(4) support a vision for cultural change that
reinforces the following:
(A) positive behavioral interventions and support
rather than isolated time out, time out, and physical
restraint;
(B) effective ways to de-escalate situations to
avoid isolated time out, time out, and physical
restraint;
(C) crisis intervention techniques that use
alternatives to isolated time out, time out, and
physical restraint; and
(D) use of debriefing meetings to reassess what
occurred and why it occurred and to think through ways
to prevent use of the intervention the next time.
(f) An entity, as defined in subsection (e), is exempt
from the requirement to submit a plan and the annual reports
under subsection (e) if the entity is able to demonstrate to
the satisfaction of the State Board that (i) within the
previous 3 years, the entity has never engaged in the use of
isolated time out, time out, or physical restraint and (ii)
the entity has adopted a written policy that prohibits the use
isolated time out, time out, and physical restraint on a
student and is able to demonstrate the enforcement of that
policy.
(f-5) On or before June 30, 2025, and on or before each
June 30 thereafter through June 30, 2032, the State Board

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shall report to the General Assembly on the progress made by
entities to achieve the requirements set forth in subsection
(e), which shall include a meaningful analysis of the data
collected, steps that the State Board will take to address any
lack of progress or compliance, including targeted technical
assistance to be provided to entities, a summary of the
investigative findings on complaints and the actions taken in
response to those complaints, and a list of those entities
with the highest number of valid complaints and the highest
number of incidents of isolated time out, time out, and
physical restraint.
(g) The State Board shall establish a system of ongoing
review, auditing, and monitoring to ensure that entities
comply with the documentation and reporting requirements and
meet the requirements set forth in subsection (e) State
Board's established goals and benchmarks for reducing and
eventually eliminating the use of isolated time out, time out,
and physical restraint.
(Source: P.A. 102-339, eff. 8-13-21; 103-175, eff. 6-30-23.)
(105 ILCS 5/10-20.33)
Sec. 10-20.33. Time out, isolated time out, restraint, and
necessities; limitations and prohibitions.
(a) The General Assembly finds and declares that the use
of isolated time out, time out, and physical restraint on
children and youth carries risks to the health and safety of

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students and staff; therefore, the ultimate goal is to reduce
and eventually eliminate the use of those interventions. The
General Assembly also finds and declares that the State Board
of Education must take affirmative action to lead and support
schools in transforming the school culture to reduce and
eliminate the use of all such interventions over time.
(b) In this Section:
"Chemical restraint" means the use of medication to
control a student's behavior or to restrict a student's
freedom of movement. "Chemical restraint" does not include
medication that is legally prescribed and administered as part
of a student's regular medical regimen to manage behavioral
symptoms and treat medical symptoms.
"Isolated time out" means the involuntary confinement of a
student alone in a time out room or other enclosure outside of
the classroom without a supervising adult in the time out room
or enclosure.
"Isolated time out" or "time out" does not include a
student-initiated or student-requested break, a
student-initiated sensory break or a teacher-initiated sensory
break that may include a sensory room containing sensory tools
to assist a student to calm and de-escalate, an in-school
suspension or detention, or any other appropriate disciplinary
measure, including the student's brief removal to the hallway
or similar environment.
"Mechanical restraint" means the use of any device or

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equipment to limit a student's movement or to hold a student
immobile. "Mechanical restraint" does not include any
restraint used to (i) treat a student's medical needs; (ii)
protect a student who is known to be at risk of injury
resulting from a lack of coordination or frequent loss of
consciousness; (iii) position a student with physical
disabilities in a manner specified in the student's
individualized education program, federal Section 504 plan, or
other plan of care; (iv) provide a supplementary aid, service,
or accommodation, including, but not limited to, assistive
technology that provides proprioceptive input or aids in
self-regulation; or (v) promote student safety in vehicles
used to transport students.
"Physical restraint" or "restraint" means holding a
student or otherwise restricting a student's movements.
"Physical restraint" or "restraint" does not include momentary
periods of physical restriction by direct person to person
contact, without the aid of material or mechanical devices,
that are accomplished with limited force and that are designed
to prevent a student from completing an act that would result
in potential physical harm to himself, herself, or another or
damage to property.
"Prone physical restraint" means a physical restraint in
which a student is held face down on the floor or other surface
and physical pressure is applied to the student's body to keep
the student in the prone position.

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"Time out" means a behavior management technique for the
purpose of calming or de-escalation that involves the
involuntary monitored separation of a student from classmates
with a trained adult for part of the school day, only for a
brief time, in a nonlocked setting.
(c) Isolated time out, time out, and physical restraint,
other than prone physical restraint, may be used only if (i)
the student's behavior presents an imminent danger of serious
physical harm to the student or to others; (ii) other less
restrictive and intrusive measures have been tried and have
proven to be ineffective in stopping the imminent danger of
serious physical harm; (iii) there is no known medical
contraindication to its use on the student; and (iv) the
school staff member or members applying the use of time out,
isolated time out, or physical restraint on a student have
been trained in its safe application, as established by rule
by the State Board of Education. Isolated time out is allowed
only under limited circumstances as set forth in this Section.
If all other requirements under this Section are met, isolated
time out may be used only if the adult in the time out room or
enclosure is in imminent danger of serious physical harm
because the student is unable to cease actively engaging in
extreme physical aggression.
Mechanical restraint, and chemical restraint, and prone
physical restraint are prohibited. Prone restraint is
prohibited except when all of the following conditions are

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satisfied:
(1) The student's Behavior Intervention Plan
specifically allows for prone restraint of the student.
(2) The Behavior Intervention Plan was put into place
before January 1, 2021.
(3) The student's Behavior Intervention Plan has been
approved by the IEP team.
(4) The school staff member or staff members applying
the use of prone restraint on a student have been trained
in its safe application as established by rule by the
State Board of Education.
(5) The school must be able to document and
demonstrate to the IEP team that the use of other
de-escalation techniques provided for in the student's
Behavior Intervention Plan were ineffective.
(6) The use of prone restraint occurs within the
2021-2022 school year.
All instances of the utilization of prone physical restraint
must be reported in accordance with the provisions of Public
Act 102-339 this amendatory Act of the 102nd General Assembly.
Nothing in this Section shall prohibit the State Board of
Education from adopting administrative rules that further
restrict or disqualify the use of prone restraint.
(d) The use of any of the following rooms or enclosures for
an isolated time out or time out purposes is prohibited:
(1) a locked room or a room in which the door is

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obstructed, prohibiting it from opening;
(2) a confining space such as a closet or box;
(3) a room where the student cannot be continually
observed; or
(4) any other room or enclosure or time out procedure
that is contrary to current rules adopted by the State
Board of Education.
(e) The deprivation of necessities needed to sustain the
health of a person, including, without limitation, the denial
or unreasonable delay in the provision of the following, is
prohibited:
(1) food or liquid at a time when it is customarily
served;
(2) medication; or
(3) the use of a restroom.
(f) (Blank).
(g) Following each incident of isolated time out, time
out, or physical restraint, but no later than 2 school days
after the incident, the principal or another designated
administrator shall notify the student's parent or guardian
that he or she may request a meeting with appropriate school
personnel to discuss the incident. This meeting shall be held
separate and apart from meetings held in accordance with the
student's individualized education program or from meetings
held in accordance with the student's plan for services under
Section 504 of the federal Rehabilitation Act of 1973. If a

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parent or guardian requests a meeting, the meeting shall be
convened within 2 school days after the request, provided that
the 2-school day limitation shall be extended if requested by
the parent or guardian. The parent or guardian may also
request that the meeting be convened via telephone or video
conference.
The meeting shall include the student, if appropriate, at
least one school staff member involved in the incident of
isolated time out, time out, or physical restraint, the
student's parent or guardian, and at least one appropriate
school staff member not involved in the incident of isolated
time out, time out, or physical restraint, such as a social
worker, psychologist, nurse, or behavioral specialist. During
the meeting, the school staff member or members involved in
the incident of isolated time out, time out, or physical
restraint, the student, and the student's parent or guardian,
if applicable, shall be provided an opportunity to describe
(i) the events that occurred prior to the incident of isolated
time out, time out, or physical restraint and any actions that
were taken by school personnel or the student leading up to the
incident; (ii) the incident of isolated time out, time out, or
physical restraint; and (iii) the events that occurred or the
actions that were taken following the incident of isolated
time out, time out, or physical restraint and whether the
student returned to regular school activities and, if not, how
the student spent the remainder of the school day. All parties

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present at the meeting shall have the opportunity to discuss
what school personnel could have done differently to avoid the
incident of isolated time out, time out, or physical restraint
and what alternative courses of action, if any, the school can
take to support the student and to avoid the future use of
isolated time out, time out, or physical restraint. At no
point may a student be excluded from school solely because a
meeting has not occurred.
A summary of the meeting and any agreements or conclusions
reached during the meeting shall be documented in writing and
shall become part of the student's school record. A copy of the
documents shall be provided to the student's parent or
guardian. If a parent or guardian does not request a meeting
within 10 school days after the school has provided the
documents to the parent or guardian or if a parent or guardian
fails to attend a requested meeting, that fact shall be
documented as part of the student's school record.
(h) Whenever isolated time out, time out, or physical
restraint is used, school personnel shall fully document and
report to the State Board of Education the incident, including
the events leading up to the incident, what alternative
measures that are less restrictive and intrusive were used
prior to the use of isolated time out, time out, or physical
restraint, why those measures were ineffective or deemed
inappropriate, the type of restraint, isolated time out, or
time out that was used, the length of time the student was in

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isolated time out or time out or was restrained, and the staff
involved. The parents or guardian of a student and the State
Superintendent of Education shall be informed whenever
isolated time out, time out, or physical restraint is used.
Schools shall provide parents and guardians with the
following information, to be developed by the State Board and
which may be incorporated into the State Board's prescribed
physical restraint and time out form at the discretion of the
State Board, after each incident in which isolated time out,
time out, or physical restraint is used during the school
year, in printed form or, upon the written request of the
parent or guardian, by email:
(1) a copy of the standards for when isolated time
out, time out, and physical restraint can be used;
(2) information about the rights of parents,
guardians, and students; and
(3) information about the parent's or guardian's right
to file a complaint with the State Superintendent of
Education, the complaint process, and other information to
assist the parent or guardian in navigating the complaint
process.
(i) Any use of isolated time out, time out, or physical
restraint that is permitted by a school board's policy shall
be implemented in accordance with written procedures.
(Source: P.A. 102-339, eff. 8-13-21.)

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(105 ILCS 5/34-18.20)
Sec. 34-18.20. Time out, isolated time out, restraint, and
necessities; limitations and prohibitions.
(a) The General Assembly finds and declares that the use
of isolated time out, time out, and physical restraint on
children and youth carries risks to the health and safety of
students and staff; therefore, the ultimate goal is to reduce
and eventually eliminate the use of those interventions. The
General Assembly also finds and declares that the State Board
of Education must take affirmative action to lead and support
schools in transforming the school culture to reduce and
eliminate the use of all such interventions over time.
(b) In this Section:
"Chemical restraint" means the use of medication to
control a student's behavior or to restrict a student's
freedom of movement. "Chemical restraint" does not include
medication that is legally prescribed and administered as part
of a student's regular medical regimen to manage behavioral
symptoms and treat medical symptoms.
"Isolated time out" means the involuntary confinement of a
student alone in a time out room or other enclosure outside of
the classroom without a supervising adult in the time out room
or enclosure.
"Isolated time out" or "time out" does not include a
student-initiated or student-requested break, a
student-initiated sensory break or a teacher-initiated sensory

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break that may include a sensory room containing sensory tools
to assist a student to calm and de-escalate, an in-school
suspension or detention, or any other appropriate disciplinary
measure, including the student's brief removal to the hallway
or similar environment.
"Mechanical restraint" means the use of any device or
equipment to limit a student's movement or to hold a student
immobile. "Mechanical restraint" does not include any
restraint used to (i) treat a student's medical needs; (ii)
protect a student who is known to be at risk of injury
resulting from a lack of coordination or frequent loss of
consciousness; (iii) position a student with physical
disabilities in a manner specified in the student's
individualized education program, federal Section 504 plan, or
other plan of care; (iv) provide a supplementary aid, service,
or accommodation, including, but not limited to, assistive
technology that provides proprioceptive input or aids in
self-regulation; or (v) promote student safety in vehicles
used to transport students.
"Physical restraint" or "restraint" means holding a
student or otherwise restricting a student's movements.
"Physical restraint" or "restraint" does not include momentary
periods of physical restriction by direct person to person
contact, without the aid of material or mechanical devices,
that are accomplished with limited force and that are designed
to prevent a student from completing an act that would result

10300SB0458sam001 - 20 - LRB103 02909 RJT 71215 a
in potential physical harm to himself, herself, or another or
damage to property.
"Prone physical restraint" means a physical restraint in
which a student is held face down on the floor or other surface
and physical pressure is applied to the student's body to keep
the student in the prone position.
"Time out" means a behavior management technique for the
purpose of calming or de-escalation that involves the
involuntary monitored separation of a student from classmates
with a trained adult for part of the school day, only for a
brief time, in a nonlocked setting.
(c) Isolated time out, time out, and physical restraint,
other than prone physical restraint, may be used only if (i)
the student's behavior presents an imminent danger of serious
physical harm to the student or to others; (ii) other less
restrictive and intrusive measures have been tried and have
proven to be ineffective in stopping the imminent danger of
serious physical harm; (iii) there is no known medical
contraindication to its use on the student; and (iv) the
school staff member or members applying the use of time out,
isolated time out, or physical restraint on a student have
been trained in its safe application, as established by rule
by the State Board of Education. Isolated time out is allowed
only under limited circumstances as set forth in this Section.
If all other requirements under this Section are met, isolated
time out may be used only if the adult in the time out room or

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enclosure is in imminent danger of serious physical harm
because the student is unable to cease actively engaging in
extreme physical aggression.
Mechanical restraint, and chemical restraint, and prone
physical restraint are prohibited. Prone restraint is
prohibited except when all of the following conditions are
satisfied:
(1) The student's Behavior Intervention Plan
specifically allows for prone restraint of the student.
(2) The Behavior Intervention Plan was put into place
before January 1, 2021.
(3) The student's Behavior Intervention Plan has been
approved by the IEP team.
(4) The school staff member or staff members applying
the use of prone restraint on a student have been trained
in its safe application as established by rule by the
State Board of Education.
(5) The school must be able to document and
demonstrate to the IEP team that the use of other
de-escalation techniques provided for in the student's
Behavior Intervention Plan were ineffective.
(6) The use of prone restraint occurs within the
2021-2022 school year.
All instances of the utilization of prone physical restraint
must be reported in accordance with the provisions of Public
Act 102-339 this amendatory Act of the 102nd General Assembly.

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Nothing in this Section shall prohibit the State Board of
Education from adopting administrative rules that further
restrict or disqualify the use of prone restraint.
(d) The use of any of the following rooms or enclosures for
an isolated time out or time out purposes is prohibited:
(1) a locked room or a room in which the door is
obstructed, prohibiting it from opening;
(2) a confining space such as a closet or box;
(3) a room where the student cannot be continually
observed; or
(4) any other room or enclosure or time out procedure
that is contrary to current rules adopted by the State
Board of Education.
(e) The deprivation of necessities needed to sustain the
health of a person, including, without limitation, the denial
or unreasonable delay in the provision of the following, is
prohibited:
(1) food or liquid at a time when it is customarily
served;
(2) medication; or
(3) the use of a restroom.
(f) (Blank).
(g) Following each incident of isolated time out, time
out, or physical restraint, but no later than 2 school days
after the incident, the principal or another designated
administrator shall notify the student's parent or guardian

10300SB0458sam001 - 23 - LRB103 02909 RJT 71215 a
that he or she may request a meeting with appropriate school
personnel to discuss the incident. This meeting shall be held
separate and apart from meetings held in accordance with the
student's individualized education program or from meetings
held in accordance with the student's plan for services under
Section 504 of the federal Rehabilitation Act of 1973. If a
parent or guardian requests a meeting, the meeting shall be
convened within 2 school days after the request, provided that
the 2-school day limitation shall be extended if requested by
the parent or guardian. The parent or guardian may also
request that the meeting be convened via telephone or video
conference.
The meeting shall include the student, if appropriate, at
least one school staff member involved in the incident of
isolated time out, time out, or physical restraint, the
student's parent or guardian, and at least one appropriate
school staff member not involved in the incident of isolated
time out, time out, or physical restraint, such as a social
worker, psychologist, nurse, or behavioral specialist. During
the meeting, the school staff member or members involved in
the incident of isolated time out, time out, or physical
restraint, the student, and the student's parent or guardian,
if applicable, shall be provided an opportunity to describe
(i) the events that occurred prior to the incident of isolated
time out, time out, or physical restraint and any actions that
were taken by school personnel or the student leading up to the

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incident; (ii) the incident of isolated time out, time out, or
physical restraint; and (iii) the events that occurred or the
actions that were taken following the incident of isolated
time out, time out, or physical restraint and whether the
student returned to regular school activities and, if not, how
the student spent the remainder of the school day. All parties
present at the meeting shall have the opportunity to discuss
what school personnel could have done differently to avoid the
incident of isolated time out, time out, or physical restraint
and what alternative courses of action, if any, the school can
take to support the student and to avoid the future use of
isolated time out, time out, or physical restraint. At no
point may a student be excluded from school solely because a
meeting has not occurred.
A summary of the meeting and any agreements or conclusions
reached during the meeting shall be documented in writing and
shall become part of the student's school record. A copy of the
documents shall be provided to the student's parent or
guardian. If a parent or guardian does not request a meeting
within 10 school days after the school has provided the
documents to the parent or guardian or if a parent or guardian
fails to attend a requested meeting, that fact shall be
documented as part of the student's school record.
(h) Whenever isolated time out, time out, or physical
restraint is used, school personnel shall fully document and
report to the State Board of Education the incident, including

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the events leading up to the incident, what alternative
measures that are less restrictive and intrusive were used
prior to the use of isolated time out, time out, or physical
restraint, why those measures were ineffective or deemed
inappropriate, the type of restraint, isolated time out, or
time out that was used, the length of time the student was in
isolated time out or time out or was restrained, and the staff
involved. The parents or guardian of a student and the State
Superintendent of Education shall be informed whenever
isolated time out, time out, or physical restraint is used.
Schools shall provide parents and guardians with the
following information, to be developed by the State Board and
which may be incorporated into the State Board's prescribed
physical restraint and time out form at the discretion of the
State Board, after each incident in which isolated time out,
time out, or physical restraint is used during the school
year, in printed form or, upon the written request of the
parent or guardian, by email:
(1) a copy of the standards for when isolated time
out, time out, and physical restraint can be used;
(2) information about the rights of parents,
guardians, and students; and
(3) information about the parent's or guardian's right
to file a complaint with the State Superintendent of
Education, the complaint process, and other information to
assist the parent or guardian in navigating the complaint

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process.
(i) Any use of isolated time out, time out, or physical
restraint that is permitted by the board's policy shall be
implemented in accordance with written procedures.
(Source: P.A. 102-339, eff. 8-13-21; 103-175, eff. 6-30-23.)