Bill Text: IL HB0219 | 2021-2022 | 102nd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the contents of the bill with the following changes. Provides that the State Board of Education shall adopt rules governing the use of isolated time, time out, and physical restraint in public schools and special education nonpublic facilities (rather than just in public schools). Provides that the State Board shall, by the adoption of emergency rules if it so chooses, create (rather than must create) a grant program for school districts, certain special education nonpublic facilities, and special education cooperatives (rather than for school districts and special education cooperatives and charter schools approved by the State Board). Makes changes concerning the prohibition against the use of prone restraint to allow prone restraint to be used when specified conditions are satisfied. Amends the Illinois Administrative Procedure Act to make a related change. Corrects grammatical errors. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 29-10)

Status: (Passed) 2021-08-13 - Public Act . . . . . . . . . 102-0339 [HB0219 Detail]

Download: Illinois-2021-HB0219-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0219 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED:
105 ILCS 5/2-3.130
105 ILCS 5/10-20.33
105 ILCS 5/34-18.20
Amends the School Code. Makes changes concerning the adoption of rules by the State Board of Education governing time out and physical restraint in the public schools. Subject to appropriation, requires the State Board to create a grant program for school districts and special education cooperatives and charter schools to implement school-wide, culturally sensitive, and trauma-informed practices, positive behavioral interventions and supports, and restorative practices. Allows the State Board to contract with a third party to provide assistance with oversight and monitoring, and requires the State Board to establish reduction goals and a system of ongoing review, auditing, and monitoring. Makes changes in provisions concerning a school board's use of time out and physical restraint, including providing that isolated time out, time out, and physical restraint may be used only under certain circumstances, prohibiting the deprivation of necessities and prone, mechanical, and chemical restraint, and requiring a meeting with school personnel if requested by the parent or guardian, the provision of information to parents and guardians, and written procedures. Effective immediately.
LRB102 10331 CMG 15658 b
FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
HB0219 LRB102 10331 CMG 15658 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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 Time out, and
physical restraint rules; grant program; third-party
assistance; goals and plans.
(a) For purposes of this Section, "isolated time out",
"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 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

HB0219 - 2 - LRB102 10331 CMG 15658 b
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 must create
a grant program for school districts and special education
cooperatives and charter schools approved by the State Board
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.
(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

HB0219 - 3 - LRB102 10331 CMG 15658 b
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

HB0219 - 4 - LRB102 10331 CMG 15658 b
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

HB0219 - 5 - LRB102 10331 CMG 15658 b
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 utilize
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

HB0219 - 6 - LRB102 10331 CMG 15658 b
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.

HB0219 - 7 - LRB102 10331 CMG 15658 b
(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

HB0219 - 8 - LRB102 10331 CMG 15658 b
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 non-locked setting.
(c) Isolated time out, time out, and physical restraint,

HB0219 - 9 - LRB102 10331 CMG 15658 b
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.
Prone restraint, mechanical restraint, and chemical
restraint are prohibited.
(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;

HB0219 - 10 - LRB102 10331 CMG 15658 b
(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

HB0219 - 11 - LRB102 10331 CMG 15658 b
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

HB0219 - 12 - LRB102 10331 CMG 15658 b
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

HB0219 - 13 - LRB102 10331 CMG 15658 b
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

HB0219 - 14 - LRB102 10331 CMG 15658 b
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

HB0219 - 15 - LRB102 10331 CMG 15658 b
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

HB0219 - 16 - LRB102 10331 CMG 15658 b
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

HB0219 - 17 - LRB102 10331 CMG 15658 b
brief time, in a non-locked 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.
Prone restraint, mechanical restraint, and chemical
restraint are prohibited.
(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

HB0219 - 18 - LRB102 10331 CMG 15658 b
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

HB0219 - 19 - LRB102 10331 CMG 15658 b
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

HB0219 - 20 - LRB102 10331 CMG 15658 b
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

HB0219 - 21 - LRB102 10331 CMG 15658 b
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

HB0219 - 22 - LRB102 10331 CMG 15658 b
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 the 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.)
Section 99. Effective date. This Act takes effect upon
becoming law.