Bill Text: IL HB3975 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the School Code. Prohibits a school district employee or volunteer or an independent contractor of a school district from placing a student in seclusion; defines seclusion. Provides that this prohibition does not apply to the use of seclusion in a court-ordered placement, other than a placement in an educational program of a school district, or in a placement or facility to which other laws or rules apply. Requires State Board of Education rulemaking. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 48-16)

Status: (Introduced) 2020-01-13 - Added Co-Sponsor Rep. Margo McDermed [HB3975 Detail]

Download: Illinois-2019-HB3975-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3975

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. Prohibits a school district employee or volunteer or an independent contractor of a school district from placing a student in seclusion; defines seclusion. Provides that this prohibition does not apply to the use of seclusion in a court-ordered placement, other than a placement in an educational program of a school district, or in a placement or facility to which other laws or rules apply. Requires State Board of Education rulemaking. Effective immediately.
LRB101 15600 LNS 64947 b

A BILL FOR

HB3975LRB101 15600 LNS 64947 b
1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The School Code is amended by changing Sections
52-3.130, 10-20.33, and 34-18.20 as follows:
6 (105 ILCS 5/2-3.130)
7 Sec. 2-3.130. Time out and physical restraint rules. The
8State Board of Education shall promulgate rules governing the
9use of time out and physical restraint in the public schools.
10The rules shall include provisions prohibiting seclusion as
11provided under Sections 10-20.33 and 34-18.20 and governing
12recordkeeping that is required when physical restraint or more
13restrictive forms of time out are used.
14(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
15 (105 ILCS 5/10-20.33)
16 Sec. 10-20.33. Seclusion Time out and physical restraint.
17 (a) It is the policy of this State to treat with dignity
18and respect all students, including students with disabilities
19who receive special education services under Article 14, and
20that a student, including a student with a disability who
21receives special education services under Article 14, may not
22be confined in an enclosed space, including, but not limited

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1to, a box, a closet, a room, or any other locked or unlocked
2space, regardless of whether the space was specially designated
3or utilized as either a discipline management practice or a
4behavior management technique.
5 In this subsection (a), "seclusion" means a discipline
6management practice or behavior management technique in which a
7student is confined in an enclosed space that is designed
8solely to seclude a person, regardless of space or dimension,
9whether it is a box, a closet, a room, or any other specially
10designated locked or unlocked space.
11 A school district employee or volunteer or an independent
12contractor of a school district, including, but not limited to,
13any agent acting on behalf or at the direction of a school
14district employee or volunteer or independent contractor of a
15school district, may not place a student in seclusion. This
16subsection (a) does not apply to the use of seclusion in a
17court-ordered placement, other than a placement in an
18educational program of a school district, or in a placement or
19facility to which other laws or rules apply. Until rules are
20adopted under Section 2-3.130 of this Code, the use of any of
21the following rooms or enclosures for time out purposes is
22prohibited:
23 (1) a locked room other than one with a locking
24 mechanism that engages only when a key or handle is being
25 held by a person;
26 (2) a confining space such as a closet or box;

HB3975- 3 -LRB101 15600 LNS 64947 b
1 (3) a room where the student cannot be continually
2 observed; or
3 (4) any other room or enclosure or time out procedure
4 that is contrary to current guidelines of the State Board
5 of Education.
6 (b) The use of physical restraints is prohibited except
7when (i) the student poses a physical risk to himself, herself,
8or others, (ii) there is no medical contraindication to its
9use, and (iii) the staff applying the restraint have been
10trained in its safe application. For the purposes of this
11subsection (b) Section, "restraint" does not include momentary
12periods of physical restriction by direct person-to-person
13contact, without the aid of material or mechanical devices,
14accomplished with limited force and that are designed (i) to
15prevent a student from completing an act that would result in
16potential physical harm to himself, herself, or another or
17damage to property or (ii) to remove a disruptive student who
18is unwilling to voluntarily leave the area. The use of physical
19restraints that meet the requirements of this Section may be
20included in a student's individualized education plan where
21deemed appropriate by the student's individualized education
22plan team. Whenever physical restraints are used, school
23personnel shall fully document the incident, including the
24events leading up to the incident, the type of restraint used,
25the length of time the student is restrained, and the staff
26involved. The parents or guardian of a student shall be

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1informed whenever physical restraints are used.
2(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
3 (105 ILCS 5/34-18.20)
4 Sec. 34-18.20. Seclusion Time out and physical restraint.
5 (a) It is the policy of this State to treat with dignity
6and respect all students, including students with disabilities
7who receive special education services under Article 14, and
8that a student, including a student with a disability who
9receives special education services under Article 14, may not
10be confined in an enclosed space, including, but not limited
11to, a box, a closet, a room, or any other locked or unlocked
12space, regardless of whether the space was specially designated
13or utilized as either a discipline management practice or a
14behavior management technique.
15 In this subsection (a), "seclusion" means a discipline
16management practice or behavior management technique in which a
17student is confined in an enclosed space that is designed
18solely to seclude a person, regardless of space or dimension,
19whether it is a box, a closet, a room, or any other specially
20designated locked or unlocked space.
21 A school district employee or volunteer or an independent
22contractor of a school district, including, but not limited to,
23any agent acting on behalf or at the direction of a school
24district employee or volunteer or independent contractor of a
25school district, may not place a student in seclusion. This

HB3975- 5 -LRB101 15600 LNS 64947 b
1subsection (a) does not apply to the use of seclusion in a
2court-ordered placement, other than a placement in an
3educational program of a school district, or in a placement or
4facility to which other laws or rules apply. Until rules are
5adopted under Section 2-3.130 of this Code, the use of any of
6the following rooms or enclosures for time out purposes is
7prohibited:
8 (1) a locked room other than one with a locking
9 mechanism that engages only when a key or handle is being
10 held by a person;
11 (2) a confining space such as a closet or box;
12 (3) a room where the student cannot be continually
13 observed; or
14 (4) any other room or enclosure or time out procedure
15 that is contrary to current guidelines of the State Board
16 of Education.
17 (b) The use of physical restraints is prohibited except
18when (i) the student poses a physical risk to himself, herself,
19or others, (ii) there is no medical contraindication to its
20use, and (iii) the staff applying the restraint have been
21trained in its safe application. For the purposes of this
22subsection (b) Section, "restraint" does not include momentary
23periods of physical restriction by direct person-to-person
24contact, without the aid of material or mechanical devices,
25accomplished with limited force and that are designed (i) to
26prevent a student from completing an act that would result in

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1potential physical harm to himself, herself, or another or
2damage to property or (ii) to remove a disruptive student who
3is unwilling to voluntarily leave the area. The use of physical
4restraints that meet the requirements of this Section may be
5included in a student's individualized education plan where
6deemed appropriate by the student's individualized education
7plan team. Whenever physical restraints are used, school
8personnel shall fully document the incident, including the
9events leading up to the incident, the type of restraint used,
10the length of time the student is restrained, and the staff
11involved. The parents or guardian of a student shall be
12informed whenever physical restraints are used.
13(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
14 Section 99. Effective date. This Act takes effect upon
15becoming law.
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