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| Public Act 102-0339
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| HB0219 Enrolled | LRB102 10331 CMG 15658 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Administrative Procedure Act is |
amended by changing Section 5-45 as follows:
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(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) |
Sec. 5-45. Emergency rulemaking. |
(a) "Emergency" means the existence of any situation that |
any agency
finds reasonably constitutes a threat to the public |
interest, safety, or
welfare. |
(b) If any agency finds that an
emergency exists that |
requires adoption of a rule upon fewer days than
is required by |
Section 5-40 and states in writing its reasons for that
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finding, the agency may adopt an emergency rule without prior |
notice or
hearing upon filing a notice of emergency rulemaking |
with the Secretary of
State under Section 5-70. The notice |
shall include the text of the
emergency rule and shall be |
published in the Illinois Register. Consent
orders or other |
court orders adopting settlements negotiated by an agency
may |
be adopted under this Section. Subject to applicable |
constitutional or
statutory provisions, an emergency rule |
becomes effective immediately upon
filing under Section 5-65 |
or at a stated date less than 10 days
thereafter. The agency's |
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finding and a statement of the specific reasons
for the |
finding shall be filed with the rule. The agency shall take
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reasonable and appropriate measures to make emergency rules |
known to the
persons who may be affected by them. |
(c) An emergency rule may be effective for a period of not |
longer than
150 days, but the agency's authority to adopt an |
identical rule under Section
5-40 is not precluded. No |
emergency rule may be adopted more
than once in any 24-month |
period, except that this limitation on the number
of emergency |
rules that may be adopted in a 24-month period does not apply
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to (i) emergency rules that make additions to and deletions |
from the Drug
Manual under Section 5-5.16 of the Illinois |
Public Aid Code or the
generic drug formulary under Section |
3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) |
emergency rules adopted by the Pollution Control
Board before |
July 1, 1997 to implement portions of the Livestock Management
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Facilities Act, (iii) emergency rules adopted by the Illinois |
Department of Public Health under subsections (a) through (i) |
of Section 2 of the Department of Public Health Act when |
necessary to protect the public's health, (iv) emergency rules |
adopted pursuant to subsection (n) of this Section, (v) |
emergency rules adopted pursuant to subsection (o) of this |
Section, or (vi) emergency rules adopted pursuant to |
subsection (c-5) of this Section. Two or more emergency rules |
having substantially the same
purpose and effect shall be |
deemed to be a single rule for purposes of this
Section. |
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(c-5) To facilitate the maintenance of the program of |
group health benefits provided to annuitants, survivors, and |
retired employees under the State Employees Group Insurance |
Act of 1971, rules to alter the contributions to be paid by the |
State, annuitants, survivors, retired employees, or any |
combination of those entities, for that program of group |
health benefits, shall be adopted as emergency rules. The |
adoption of those rules shall be considered an emergency and |
necessary for the public interest, safety, and welfare. |
(d) In order to provide for the expeditious and timely |
implementation
of the State's fiscal year 1999 budget, |
emergency rules to implement any
provision of Public Act |
90-587 or 90-588
or any other budget initiative for fiscal |
year 1999 may be adopted in
accordance with this Section by the |
agency charged with administering that
provision or |
initiative, except that the 24-month limitation on the |
adoption
of emergency rules and the provisions of Sections |
5-115 and 5-125 do not apply
to rules adopted under this |
subsection (d). The adoption of emergency rules
authorized by |
this subsection (d) shall be deemed to be necessary for the
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public interest, safety, and welfare. |
(e) In order to provide for the expeditious and timely |
implementation
of the State's fiscal year 2000 budget, |
emergency rules to implement any
provision of Public Act 91-24
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or any other budget initiative for fiscal year 2000 may be |
adopted in
accordance with this Section by the agency charged |
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with administering that
provision or initiative, except that |
the 24-month limitation on the adoption
of emergency rules and |
the provisions of Sections 5-115 and 5-125 do not apply
to |
rules adopted under this subsection (e). The adoption of |
emergency rules
authorized by this subsection (e) shall be |
deemed to be necessary for the
public interest, safety, and |
welfare. |
(f) In order to provide for the expeditious and timely |
implementation
of the State's fiscal year 2001 budget, |
emergency rules to implement any
provision of Public Act |
91-712
or any other budget initiative for fiscal year 2001 may |
be adopted in
accordance with this Section by the agency |
charged with administering that
provision or initiative, |
except that the 24-month limitation on the adoption
of |
emergency rules and the provisions of Sections 5-115 and 5-125 |
do not apply
to rules adopted under this subsection (f). The |
adoption of emergency rules
authorized by this subsection (f) |
shall be deemed to be necessary for the
public interest, |
safety, and welfare. |
(g) In order to provide for the expeditious and timely |
implementation
of the State's fiscal year 2002 budget, |
emergency rules to implement any
provision of Public Act 92-10
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or any other budget initiative for fiscal year 2002 may be |
adopted in
accordance with this Section by the agency charged |
with administering that
provision or initiative, except that |
the 24-month limitation on the adoption
of emergency rules and |
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the provisions of Sections 5-115 and 5-125 do not apply
to |
rules adopted under this subsection (g). The adoption of |
emergency rules
authorized by this subsection (g) shall be |
deemed to be necessary for the
public interest, safety, and |
welfare. |
(h) In order to provide for the expeditious and timely |
implementation
of the State's fiscal year 2003 budget, |
emergency rules to implement any
provision of Public Act |
92-597
or any other budget initiative for fiscal year 2003 may |
be adopted in
accordance with this Section by the agency |
charged with administering that
provision or initiative, |
except that the 24-month limitation on the adoption
of |
emergency rules and the provisions of Sections 5-115 and 5-125 |
do not apply
to rules adopted under this subsection (h). The |
adoption of emergency rules
authorized by this subsection (h) |
shall be deemed to be necessary for the
public interest, |
safety, and welfare. |
(i) In order to provide for the expeditious and timely |
implementation
of the State's fiscal year 2004 budget, |
emergency rules to implement any
provision of Public Act 93-20
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or any other budget initiative for fiscal year 2004 may be |
adopted in
accordance with this Section by the agency charged |
with administering that
provision or initiative, except that |
the 24-month limitation on the adoption
of emergency rules and |
the provisions of Sections 5-115 and 5-125 do not apply
to |
rules adopted under this subsection (i). The adoption of |
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emergency rules
authorized by this subsection (i) shall be |
deemed to be necessary for the
public interest, safety, and |
welfare. |
(j) In order to provide for the expeditious and timely |
implementation of the provisions of the State's fiscal year |
2005 budget as provided under the Fiscal Year 2005 Budget |
Implementation (Human Services) Act, emergency rules to |
implement any provision of the Fiscal Year 2005 Budget |
Implementation (Human Services) Act may be adopted in |
accordance with this Section by the agency charged with |
administering that provision, except that the 24-month |
limitation on the adoption of emergency rules and the |
provisions of Sections 5-115 and 5-125 do not apply to rules |
adopted under this subsection (j). The Department of Public |
Aid may also adopt rules under this subsection (j) necessary |
to administer the Illinois Public Aid Code and the Children's |
Health Insurance Program Act. The adoption of emergency rules |
authorized by this subsection (j) shall be deemed to be |
necessary for the public interest, safety, and welfare.
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(k) In order to provide for the expeditious and timely |
implementation of the provisions of the State's fiscal year |
2006 budget, emergency rules to implement any provision of |
Public Act 94-48 or any other budget initiative for fiscal |
year 2006 may be adopted in accordance with this Section by the |
agency charged with administering that provision or |
initiative, except that the 24-month limitation on the |
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adoption of emergency rules and the provisions of Sections |
5-115 and 5-125 do not apply to rules adopted under this |
subsection (k). The Department of Healthcare and Family |
Services may also adopt rules under this subsection (k) |
necessary to administer the Illinois Public Aid Code, the |
Senior Citizens and Persons with Disabilities Property Tax |
Relief Act, the Senior Citizens and Disabled Persons |
Prescription Drug Discount Program Act (now the Illinois |
Prescription Drug Discount Program Act), and the Children's |
Health Insurance Program Act. The adoption of emergency rules |
authorized by this subsection (k) shall be deemed to be |
necessary for the public interest, safety, and welfare.
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(l) In order to provide for the expeditious and timely |
implementation of the provisions of the
State's fiscal year |
2007 budget, the Department of Healthcare and Family Services |
may adopt emergency rules during fiscal year 2007, including |
rules effective July 1, 2007, in
accordance with this |
subsection to the extent necessary to administer the |
Department's responsibilities with respect to amendments to |
the State plans and Illinois waivers approved by the federal |
Centers for Medicare and Medicaid Services necessitated by the |
requirements of Title XIX and Title XXI of the federal Social |
Security Act. The adoption of emergency rules
authorized by |
this subsection (l) shall be deemed to be necessary for the |
public interest,
safety, and welfare.
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(m) In order to provide for the expeditious and timely |
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implementation of the provisions of the
State's fiscal year |
2008 budget, the Department of Healthcare and Family Services |
may adopt emergency rules during fiscal year 2008, including |
rules effective July 1, 2008, in
accordance with this |
subsection to the extent necessary to administer the |
Department's responsibilities with respect to amendments to |
the State plans and Illinois waivers approved by the federal |
Centers for Medicare and Medicaid Services necessitated by the |
requirements of Title XIX and Title XXI of the federal Social |
Security Act. The adoption of emergency rules
authorized by |
this subsection (m) shall be deemed to be necessary for the |
public interest,
safety, and welfare.
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(n) In order to provide for the expeditious and timely |
implementation of the provisions of the State's fiscal year |
2010 budget, emergency rules to implement any provision of |
Public Act 96-45 or any other budget initiative authorized by |
the 96th General Assembly for fiscal year 2010 may be adopted |
in accordance with this Section by the agency charged with |
administering that provision or initiative. The adoption of |
emergency rules authorized by this subsection (n) shall be |
deemed to be necessary for the public interest, safety, and |
welfare. The rulemaking authority granted in this subsection |
(n) shall apply only to rules promulgated during Fiscal Year |
2010. |
(o) In order to provide for the expeditious and timely |
implementation of the provisions of the State's fiscal year |
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2011 budget, emergency rules to implement any provision of |
Public Act 96-958 or any other budget initiative authorized by |
the 96th General Assembly for fiscal year 2011 may be adopted |
in accordance with this Section by the agency charged with |
administering that provision or initiative. The adoption of |
emergency rules authorized by this subsection (o) is deemed to |
be necessary for the public interest, safety, and welfare. The |
rulemaking authority granted in this subsection (o) applies |
only to rules promulgated on or after July 1, 2010 (the |
effective date of Public Act 96-958) through June 30, 2011. |
(p) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 97-689, |
emergency rules to implement any provision of Public Act |
97-689 may be adopted in accordance with this subsection (p) |
by the agency charged with administering that provision or |
initiative. The 150-day limitation of the effective period of |
emergency rules does not apply to rules adopted under this |
subsection (p), and the effective period may continue through |
June 30, 2013. The 24-month limitation on the adoption of |
emergency rules does not apply to rules adopted under this |
subsection (p). The adoption of emergency rules authorized by |
this subsection (p) is deemed to be necessary for the public |
interest, safety, and welfare. |
(q) In order to provide for the expeditious and timely |
implementation of the provisions of Articles 7, 8, 9, 11, and |
12 of Public Act 98-104, emergency rules to implement any |
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provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 |
may be adopted in accordance with this subsection (q) by the |
agency charged with administering that provision or |
initiative. The 24-month limitation on the adoption of |
emergency rules does not apply to rules adopted under this |
subsection (q). The adoption of emergency rules authorized by |
this subsection (q) is deemed to be necessary for the public |
interest, safety, and welfare. |
(r) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 98-651, |
emergency rules to implement Public Act 98-651 may be adopted |
in accordance with this subsection (r) by the Department of |
Healthcare and Family Services. The 24-month limitation on the |
adoption of emergency rules does not apply to rules adopted |
under this subsection (r). The adoption of emergency rules |
authorized by this subsection (r) is deemed to be necessary |
for the public interest, safety, and welfare. |
(s) In order to provide for the expeditious and timely |
implementation of the provisions of Sections 5-5b.1 and 5A-2 |
of the Illinois Public Aid Code, emergency rules to implement |
any provision of Section 5-5b.1 or Section 5A-2 of the |
Illinois Public Aid Code may be adopted in accordance with |
this subsection (s) by the Department of Healthcare and Family |
Services. The rulemaking authority granted in this subsection |
(s) shall apply only to those rules adopted prior to July 1, |
2015. Notwithstanding any other provision of this Section, any |
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emergency rule adopted under this subsection (s) shall only |
apply to payments made for State fiscal year 2015. The |
adoption of emergency rules authorized by this subsection (s) |
is deemed to be necessary for the public interest, safety, and |
welfare. |
(t) In order to provide for the expeditious and timely |
implementation of the provisions of Article II of Public Act |
99-6, emergency rules to implement the changes made by Article |
II of Public Act 99-6 to the Emergency Telephone System Act may |
be adopted in accordance with this subsection (t) by the |
Department of State Police. The rulemaking authority granted |
in this subsection (t) shall apply only to those rules adopted |
prior to July 1, 2016. The 24-month limitation on the adoption |
of emergency rules does not apply to rules adopted under this |
subsection (t). The adoption of emergency rules authorized by |
this subsection (t) is deemed to be necessary for the public |
interest, safety, and welfare. |
(u) In order to provide for the expeditious and timely |
implementation of the provisions of the Burn Victims Relief |
Act, emergency rules to implement any provision of the Act may |
be adopted in accordance with this subsection (u) by the |
Department of Insurance. The rulemaking authority granted in |
this subsection (u) shall apply only to those rules adopted |
prior to December 31, 2015. The adoption of emergency rules |
authorized by this subsection (u) is deemed to be necessary |
for the public interest, safety, and welfare. |
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(v) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 99-516, |
emergency rules to implement Public Act 99-516 may be adopted |
in accordance with this subsection (v) by the Department of |
Healthcare and Family Services. The 24-month limitation on the |
adoption of emergency rules does not apply to rules adopted |
under this subsection (v). The adoption of emergency rules |
authorized by this subsection (v) is deemed to be necessary |
for the public interest, safety, and welfare. |
(w) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 99-796, |
emergency rules to implement the changes made by Public Act |
99-796 may be adopted in accordance with this subsection (w) |
by the Adjutant General. The adoption of emergency rules |
authorized by this subsection (w) is deemed to be necessary |
for the public interest, safety, and welfare. |
(x) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 99-906, |
emergency rules to implement subsection (i) of Section |
16-115D, subsection (g) of Section 16-128A, and subsection (a) |
of Section 16-128B of the Public Utilities Act may be adopted |
in accordance with this subsection (x) by the Illinois |
Commerce Commission. The rulemaking authority granted in this |
subsection (x) shall apply only to those rules adopted within |
180 days after June 1, 2017 (the effective date of Public Act |
99-906). The adoption of emergency rules authorized by this |
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subsection (x) is deemed to be necessary for the public |
interest, safety, and welfare. |
(y) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 100-23, |
emergency rules to implement the changes made by Public Act |
100-23 to Section 4.02 of the Illinois Act on the Aging, |
Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, |
Section 55-30 of the Alcoholism and Other Drug Abuse and |
Dependency Act, and Sections 74 and 75 of the Mental Health and |
Developmental Disabilities Administrative Act may be adopted |
in accordance with this subsection (y) by the respective |
Department. The adoption of emergency rules authorized by this |
subsection (y) is deemed to be necessary for the public |
interest, safety, and welfare. |
(z) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 100-554, |
emergency rules to implement the changes made by Public Act |
100-554 to Section 4.7 of the Lobbyist Registration Act may be |
adopted in accordance with this subsection (z) by the |
Secretary of State. The adoption of emergency rules authorized |
by this subsection (z) is deemed to be necessary for the public |
interest, safety, and welfare. |
(aa) In order to provide for the expeditious and timely |
initial implementation of the changes made to Articles 5, 5A, |
12, and 14 of the Illinois Public Aid Code under the provisions |
of Public Act 100-581, the Department of Healthcare and Family |
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Services may adopt emergency rules in accordance with this |
subsection (aa). The 24-month limitation on the adoption of |
emergency rules does not apply to rules to initially implement |
the changes made to Articles 5, 5A, 12, and 14 of the Illinois |
Public Aid Code adopted under this subsection (aa). The |
adoption of emergency rules authorized by this subsection (aa) |
is deemed to be necessary for the public interest, safety, and |
welfare. |
(bb) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 100-587, |
emergency rules to implement the changes made by Public Act |
100-587 to Section 4.02 of the Illinois Act on the Aging, |
Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, |
subsection (b) of Section 55-30 of the Alcoholism and Other |
Drug Abuse and Dependency Act, Section 5-104 of the |
Specialized Mental Health Rehabilitation Act of 2013, and |
Section 75 and subsection (b) of Section 74 of the Mental |
Health and Developmental Disabilities Administrative Act may |
be adopted in accordance with this subsection (bb) by the |
respective Department. The adoption of emergency rules |
authorized by this subsection (bb) is deemed to be necessary |
for the public interest, safety, and welfare. |
(cc) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 100-587, |
emergency rules may be adopted in accordance with this |
subsection (cc) to implement the changes made by Public Act |
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100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois |
Pension Code by the Board created under Article 14 of the Code; |
Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by |
the Board created under Article 15 of the Code; and Sections |
16-190.5 and 16-190.6 of the Illinois Pension Code by the |
Board created under Article 16 of the Code. The adoption of |
emergency rules authorized by this subsection (cc) is deemed |
to be necessary for the public interest, safety, and welfare. |
(dd) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 100-864, |
emergency rules to implement the changes made by Public Act |
100-864 to Section 3.35 of the Newborn Metabolic Screening Act |
may be adopted in accordance with this subsection (dd) by the |
Secretary of State. The adoption of emergency rules authorized |
by this subsection (dd) is deemed to be necessary for the |
public interest, safety, and welfare. |
(ee) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 100-1172, |
emergency rules implementing the Illinois Underground Natural |
Gas Storage Safety Act may be adopted in accordance with this |
subsection by the Department of Natural Resources. The |
adoption of emergency rules authorized by this subsection is |
deemed to be necessary for the public interest, safety, and |
welfare. |
(ff) In order to provide for the expeditious and timely |
initial implementation of the changes made to Articles 5A and |
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14 of the Illinois Public Aid Code under the provisions of |
Public Act 100-1181, the Department of Healthcare and Family |
Services may on a one-time-only basis adopt emergency rules in |
accordance with this subsection (ff). The 24-month limitation |
on the adoption of emergency rules does not apply to rules to |
initially implement the changes made to Articles 5A and 14 of |
the Illinois Public Aid Code adopted under this subsection |
(ff). The adoption of emergency rules authorized by this |
subsection (ff) is deemed to be necessary for the public |
interest, safety, and welfare. |
(gg) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 101-1, |
emergency rules may be adopted by the Department of Labor in |
accordance with this subsection (gg) to implement the changes |
made by Public Act 101-1 to the Minimum Wage Law. The adoption |
of emergency rules authorized by this subsection (gg) is |
deemed to be necessary for the public interest, safety, and |
welfare. |
(hh) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 101-10, |
emergency rules may be adopted in accordance with this |
subsection (hh) to implement the changes made by Public Act |
101-10 to subsection (j) of Section 5-5.2 of the Illinois |
Public Aid Code. The adoption of emergency rules authorized by |
this subsection (hh) is deemed to be necessary for the public |
interest, safety, and welfare. |
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(ii) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 101-10, |
emergency rules to implement the changes made by Public Act |
101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid |
Code may be adopted in accordance with this subsection (ii) by |
the Department of Public Health. The adoption of emergency |
rules authorized by this subsection (ii) is deemed to be |
necessary for the public interest, safety, and welfare. |
(jj) In order to provide for the expeditious and timely |
implementation of the provisions of Public Act 101-10, |
emergency rules to implement the changes made by Public Act |
101-10 to Section 74 of the Mental Health and Developmental |
Disabilities Administrative Act may be adopted in accordance |
with this subsection (jj) by the Department of Human Services. |
The adoption of emergency rules authorized by this subsection |
(jj) is deemed to be necessary for the public interest, |
safety, and welfare. |
(kk) In order to provide for the expeditious and timely |
implementation of the Cannabis Regulation and Tax Act and |
Public Act 101-27, the Department of Revenue, the Department |
of Public Health, the Department of Agriculture, the |
Department of State Police, and the Department of Financial |
and Professional Regulation may adopt emergency rules in |
accordance with this subsection (kk). The rulemaking authority |
granted in this subsection (kk) shall apply only to rules |
adopted before December 31, 2021. Notwithstanding the |
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provisions of subsection (c), emergency rules adopted under |
this subsection (kk) shall be effective for 180 days. The |
adoption of emergency rules authorized by this subsection (kk) |
is deemed to be necessary for the public interest, safety, and |
welfare. |
(ll) In order to provide for the expeditious and timely |
implementation of the provisions of the Leveling the Playing |
Field for Illinois Retail Act, emergency rules may be adopted |
in accordance with this subsection (ll) to implement the |
changes made by the Leveling the Playing Field for Illinois |
Retail Act. The adoption of emergency rules authorized by this |
subsection (ll) is deemed to be necessary for the public |
interest, safety, and welfare. |
(mm) In order to provide for the expeditious and timely |
implementation of the provisions of Section 25-70 of the |
Sports Wagering Act, emergency rules to implement Section |
25-70 of the Sports Wagering Act may be adopted in accordance |
with this subsection (mm) by the Department of the Lottery as |
provided in the Sports Wagering Act. The adoption of emergency |
rules authorized by this subsection (mm) is deemed to be |
necessary for the public interest, safety, and welfare. |
(nn) In order to provide for the expeditious and timely |
implementation of the Sports Wagering Act, emergency rules to |
implement the Sports Wagering Act may be adopted in accordance |
with this subsection (nn) by the Illinois Gaming Board. The |
adoption of emergency rules authorized by this subsection (nn) |
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is deemed to be necessary for the public interest, safety, and |
welfare. |
(oo) In order to provide for the expeditious and timely |
implementation of the provisions of subsection (c) of Section |
20 of the Video Gaming Act, emergency rules to implement the |
provisions of subsection (c) of Section 20 of the Video Gaming |
Act may be adopted in accordance with this subsection (oo) by |
the Illinois Gaming Board. The adoption of emergency rules |
authorized by this subsection (oo) is deemed to be necessary |
for the public interest, safety, and welfare. |
(pp) In order to provide for the expeditious and timely
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implementation of the provisions of Section 50 of the Sexual
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Assault Evidence Submission Act, emergency rules to implement
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Section 50 of the Sexual Assault Evidence Submission Act may |
be
adopted in accordance with this subsection (pp) by the
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Department of State Police. The adoption of emergency rules
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authorized by this subsection (pp) is deemed to be necessary
|
for the public interest, safety, and welfare. |
(qq) In order to provide for the expeditious and timely |
implementation of the provisions of the Illinois Works Jobs |
Program Act, emergency rules may be adopted in accordance with |
this subsection (qq) to implement the Illinois Works Jobs |
Program Act. The adoption of emergency rules authorized by |
this subsection (qq) is deemed to be necessary for the public |
interest, safety, and welfare. |
(rr) In order to provide for the expeditious and timely |
|
implementation of the provisions of subsection (c) of Section |
2-3.130 of the School Code, emergency rules to implement |
subsection (c) of Section 2-3.130 of the School Code may be |
adopted in accordance with this subsection (rr) by the State |
Board of Education. The adoption of emergency rules authorized |
by this subsection (rr) is deemed to be necessary for the |
public interest, safety, and welfare. |
(Source: P.A. 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; |
100-581, eff. 3-12-18; 100-587, Article 95, Section 95-5, eff. |
6-4-18; 100-587, Article 110, Section 110-5, eff. 6-4-18; |
100-864, eff. 8-14-18; 100-1172, eff. 1-4-19; 100-1181, eff. |
3-8-19; 101-1, eff. 2-19-19; 101-10, Article 20, Section 20-5, |
eff. 6-5-19; 101-10, Article 35, Section 35-5, eff. 6-5-19; |
101-27, eff. 6-25-19; 101-31, Article 15, Section 15-5, eff. |
6-28-19; 101-31, Article 25, Section 25-900, eff. 6-28-19; |
101-31, Article 35, Section 35-3, eff. 6-28-19; 101-377, eff. |
8-16-19; 101-601, eff. 12-10-19.)
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Section 10. The School Code is amended by changing |
Sections 2-3.130, 10-20.33, and 34-18.20 as follows:
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(105 ILCS 5/2-3.130)
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Sec. 2-3.130. Isolated time out, time Time out, and |
physical restraint rules; grant program; third-party |
assistance; goals and plans. |
(a) For purposes of this Section, "isolated time out", |
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"physical restraint", and "time out" 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 special education nonpublic facilities and the |
public schools. The rules shall include
provisions governing |
the documentation and reporting recordkeeping that is required |
each time these interventions when physical restraint or
more |
restrictive forms of time out 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 rules adopted by the State Board shall include |
training requirements that must be included in training |
programs used to train and certify school personnel. |
The State Board shall establish procedures for progressive |
enforcement
actions to ensure that 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 |
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 school districts, special |
education nonpublic facilities approved under Section 14-7.02 |
of this Code, and special education
cooperatives to implement |
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 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 and |
physical restraint in less than 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 school |
districts. |
(e) 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 schools to |
|
accomplish the systemic reduction
of isolated time out, time |
out, and physical restraint 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. Each school board 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) a |
school-specific plan for reducing and eventually eliminating |
the use
of isolated time out, time out, and physical restraint |
in accordance with 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 a school district 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. The State Board shall specify a date for |
submission of the plans. School districts shall submit a |
|
report once each year for 3 years after the effective date of |
this amendatory Act of the 102nd General Assembly to the State |
Board on the progress made toward achieving the goals and |
benchmarks established by the State Board and modify their |
plans as necessary to satisfy those goals and benchmarks. |
School districts shall notify parents and guardians that the |
plans 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 schools 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 school 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 |
(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) A school is exempt from the requirement to submit a |
plan and the annual reports under subsection (e) if the school |
is able to demonstrate to the satisfaction of the State Board |
that (i) within the previous 3 years, the school district has |
never engaged in the use of isolated time out, time out, or |
physical restraint and (ii) the school 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. |
(g) The State Board shall establish a system of ongoing |
review,
auditing, and monitoring to ensure that schools comply |
with the
documentation and reporting requirements and meet the |
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. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
|
(105 ILCS 5/10-20.33)
|
Sec. 10-20.33. Time out, isolated time out, and physical |
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 |
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 |
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 |
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 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 restraint must be |
reported in accordance with the provisions of 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 Until
rules are adopted under Section 2-3.130 of |
this Code, 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 other than one |
with a locking mechanism that engages
only when a key or |
handle is being held by a person;
|
(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 guidelines of |
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). The use of physical restraints is prohibited |
except when (i) the student
poses a physical risk to himself, |
herself, or others, (ii) there is no medical
contraindication |
to its use, and (iii) the staff applying the restraint have
|
been trained in its safe application. For the purposes of this |
Section,
"restraint" does not include momentary periods of |
physical restriction by
direct person-to-person contact, |
without the aid of material or mechanical
devices, |
accomplished with limited force and that are designed (i) to |
prevent a
student from completing an act that would result in |
potential physical harm to
himself, herself, or another or |
damage to property or (ii) to remove a
disruptive student who |
is unwilling to voluntarily leave the area. The use of
|
physical restraints that meet the requirements of this Section |
may be included
in a student's individualized education plan |
where deemed appropriate by the
student's individualized |
education plan team. |
(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 |
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 |
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 physical restraints are
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 isolated time out or time out |
or was is 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 restraints are 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. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
|
(105 ILCS 5/34-18.20)
|
Sec. 34-18.20. Time out, isolated time out, and physical |
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 |
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 |
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 |
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 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 |
school years of 2021-2022 and 2022-2023. |
All instances of the utilization of prone restraint must be |
reported in accordance with the provisions of 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 Until
rules are adopted under Section 2-3.130 of |
this Code, 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 other than one |
with a locking mechanism that engages
only when a key or |
handle is being held by a person;
|
(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 guidelines of |
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). The use of physical restraints is prohibited |
except when (i) the student
poses a physical risk to himself, |
herself, or others, (ii) there is no medical
contraindication |
to its use, and (iii) the staff applying the restraint have
|
been trained in its safe application. For the purposes of this |
Section,
"restraint" does not include momentary periods of |
physical restriction by
direct person-to-person contact, |
without the aid of material or mechanical
devices, |
accomplished with limited force and that are designed (i) to |
prevent a
student from completing an act that would result in |
potential physical harm to
himself, herself, or another or |
damage to property or (ii) to remove a
disruptive student who |
is unwilling to voluntarily leave the area. The use of
|
physical restraints that meet the requirements of this Section |
may be included
in a student's individualized education plan |
where deemed appropriate by the
student's individualized |
education plan team. |
(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 |
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 |
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 physical restraints are
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 isolated time out or time out |
or was is 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 restraints are 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 |
