SB0458 Engrossed LRB103 02909 RJT 47915 b
1		AN ACT concerning education.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The School Code is amended by changing Section
5		2-3.130 as follows:
6		(105 ILCS 5/2-3.130)
7		Sec. 2-3.130. Isolated time out, time out, and physical
8		restraint rules; grant program; third-party assistance; goals
9		and plans.
10		(a) For purposes of this Section, "isolated time out",
11		"physical restraint", and "time out" have the meanings given
12		to those terms under Section 10-20.33.
13		(b) The State Board of Education shall promulgate rules
14		governing the use of isolated time out, time out, and physical
15		restraint in special education nonpublic facilities and the
16		public schools. The rules shall include provisions governing
17		the documentation and reporting that is required each time
18		these interventions are used.
19		The rules adopted by the State Board shall include a
20		procedure by which a person who believes a violation of
21		Section 10-20.33 or 34-18.20 has occurred may file a
22		complaint. The rules adopted by the State Board shall include
23		training requirements that must be included in training

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1		programs used to train and certify school personnel.
2		The State Board shall establish procedures for progressive
3		enforcement actions to ensure that schools fully comply with
4		the documentation and reporting requirements for isolated time
5		out, time out, and physical restraint established by rule,
6		which shall include meaningful and appropriate sanctions for
7		the failure to comply, including the failure to report to the
8		parent or guardian and to the State Board, the failure to
9		timely report, and the failure to provide detailed
10		documentation.
11		(c) Subject to appropriation, the State Board shall, by
12		adoption of emergency rules under subsection (rr) of Section
13		5-45 of the Illinois Administrative Procedure Act if it so
14		chooses, create a grant program for school districts, special
15		education nonpublic facilities approved under Section 14-7.02
16		of this Code, and special education cooperatives to implement
17		school-wide, culturally sensitive, and trauma-informed
18		practices, positive behavioral interventions and supports, and
19		restorative practices within a multi-tiered system of support
20		aimed at reducing the need for interventions, such as isolated
21		time out, time out, and physical restraint. The State Board
22		shall give priority in grant funding to those school
23		districts, special education nonpublic facilities approved
24		under Section 14-7.02 of this Code, and special education
25		cooperatives that submit a plan to achieve a significant
26		reduction or elimination in the use of isolated time out and

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1		physical restraint in less than 3 years.
2		(d) Subject to the Illinois Procurement Code, the Illinois
3		School Student Records Act, the Mental Health and
4		Developmental Disabilities Confidentiality Act, and the
5		federal Family Educational Rights and Privacy Act of 1974, the
6		State Board may contract with a third party to provide
7		assistance with the oversight and monitoring of the use of
8		isolated time out, time out, and physical restraint by school
9		districts.
10		(e) For the purpose of this subsection and subsection (f),
11		"entity" means a school district, a special education
12		nonpublic school approved under Section 14-7.02 of this Code
13		and located in this State, or a special education cooperative
14		to the extent the cooperative operates separate schools or
15		programs within schools.
16		The State Board shall establish goals within 90 days after
17		August 13, 2021 (the effective date of Public Act 102-339)
18		this amendatory Act of the 102nd General Assembly, with
19		specific benchmarks, for entities to accomplish the systemic
20		reduction of isolated time out, time out, and physical
21		restraint within 3 years after the effective date of this
22		amendatory Act of the 102nd General Assembly. The State Board
23		shall engage in meaningful consultation with stakeholders to
24		establish the goals, including in the review and evaluation of
25		the data submitted. The State Board shall also consult
26		stakeholders in efforts to develop strategies to measure and

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1		reduce racial and ethnic disparities in the use of isolated
2		time out, time out, and physical restraint. Each entity shall
3		create a time out and physical restraint oversight team that
4		includes, but is not limited to, teachers, paraprofessionals,
5		school service personnel, and administrators to develop (i) an
6		entity-specific plan for reducing and eventually eliminating
7		the use of isolated time out, time out, and physical restraint
8		in accordance with the goals and benchmarks established by the
9		State Board and (ii) procedures to implement the plan
10		developed by the team.
11		The progress toward the reduction and eventual elimination
12		of the use of isolated time out and physical restraint shall be
13		measured by the reduction in the overall number of incidents
14		of those interventions and the total number of students
15		subjected to those interventions. In limited cases, upon
16		written application made by an entity and approved by the
17		State Board based on criteria developed by the State Board to
18		show good cause, the reduction in the use of those
19		interventions may be measured by the frequency of the use of
20		those interventions on individual students and the student
21		population as a whole. The State Board shall specify a date for
22		submission of the plans. Entities shall submit a report once
23		each year until August 1, 2027 for 3 years after the effective
24		date of this amendatory Act of the 102nd General Assembly to
25		the State Board on the progress made toward achieving the
26		goals and benchmarks established by the State Board and modify

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

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

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