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

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Bill Title: Amends the School Code. Removes a requirement that school districts, special education nonpublic schools, and specified special education cooperatives accomplish, as part of the State Board of Education's goals, the systemic reduction of isolated time out, time out, and physical restraint within 3 years after August 13, 2021 (the effective date of Public Act 102-339). Requires school districts, special education nonpublic schools, and specified special education cooperatives to submit a report once each year until August 1, 2027 (rather than for 3 years after August 13, 2021 (the effective date of Public Act 102-339)) to the State Board on the progress made toward achieving the goals and benchmarks established by the State Board concerning the use of isolated time out, time out, and physical restraint. Provides that, on or before June 30, 2026 (rather than June 30, 2023), the State Board shall issue a report to the General Assembly on the progress made by school districts, special education nonpublic schools, and specified special education cooperatives to achieve those goals and benchmarks.

Spectrum: Partisan Bill (Democrat 2-0)

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

Download: Illinois-2023-SB0458-Engrossed.html

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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 Section
2-3.130 as follows:
(105 ILCS 5/2-3.130)
Sec. 2-3.130. Isolated time out, time out, and physical
restraint rules; grant program; third-party assistance; goals
and plans.
(a) For purposes of this Section, "isolated 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 special education nonpublic facilities and the
public schools. The rules shall include provisions governing
the documentation and reporting that is required each time
these interventions are used.
The rules adopted by the State Board shall include a
procedure by which a person who believes a violation of
Section 10-20.33 or 34-18.20 has occurred may file a
complaint. The rules adopted by the State Board shall include
training requirements that must be included in training

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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

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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) For the purpose of this subsection and subsection (f),
"entity" means a school district, a special education
nonpublic school approved under Section 14-7.02 of this Code
and located in this State, or a special education cooperative
to the extent the cooperative operates separate schools or
programs within schools.
The State Board shall establish goals within 90 days after
August 13, 2021 (the effective date of Public Act 102-339)
this amendatory Act of the 102nd General Assembly, with
specific benchmarks, for entities to accomplish the systemic
reduction of isolated time out, time out, and physical
restraint within 3 years after the effective date of this
amendatory Act of the 102nd General Assembly. The State Board
shall engage in meaningful consultation with stakeholders to
establish the goals, including in the review and evaluation of
the data submitted. The State Board shall also consult
stakeholders in efforts to develop strategies to measure and

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reduce racial and ethnic disparities in the use of isolated
time out, time out, and physical restraint. Each entity shall
create a time out and physical restraint oversight team that
includes, but is not limited to, teachers, paraprofessionals,
school service personnel, and administrators to develop (i) an
entity-specific plan for reducing and eventually eliminating
the use of isolated time out, time out, and physical restraint
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 an entity and approved by the
State Board based on criteria developed by the State Board to
show good cause, the reduction in the use of those
interventions may be measured by the frequency of the use of
those interventions on individual students and the student
population as a whole. The State Board shall specify a date for
submission of the plans. Entities shall submit a report once
each year until August 1, 2027 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

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their plans as necessary to satisfy those goals and
benchmarks. Entities shall notify parents and guardians that
the plans and reports are available for review. On or before
June 30, 2026 2023, the State Board shall issue a report to the
General Assembly on the progress made by entities to achieve
those goals and benchmarks. The required plans shall include,
but not be limited to, the specific actions that are to be
taken to:
(1) reduce and eventually eliminate a reliance on
isolated time out, time out, and physical restraint for
behavioral interventions and develop noncoercive
environments;
(2) develop individualized student plans that are
oriented toward prevention of the use of isolated time
out, time out, and physical restraint with the intent that
a plan be separate and apart from a student's
individualized education program or a student's plan for
services under Section 504 of the federal Rehabilitation
Act of 1973;
(3) ensure that appropriate personnel are fully
informed of the student's history, including any history
of physical or sexual abuse, and other relevant medical
and mental health information, except that any disclosure
of student information must be consistent with federal and
State laws and rules governing student confidentiality and
privacy rights; and

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

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