Bill Text: IL SB2296 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2021-04-23 - Rule 3-9(a) / Re-referred to Assignments [SB2296 Detail]
Download: Illinois-2021-SB2296-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||||||||||||||||||||||||
5 | 2-3.130, 10-20.33, and 34-18.20 as follows:
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6 | (105 ILCS 5/2-3.130)
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7 | Sec. 2-3.130. Isolated time out, time Time out , and | ||||||||||||||||||||||||||||
8 | physical restraint rules ; grant program; third-party | ||||||||||||||||||||||||||||
9 | assistance; goals 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 the public schools. The rules shall include
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16 | provisions governing the documentation and reporting | ||||||||||||||||||||||||||||
17 | recordkeeping that is required each time these interventions | ||||||||||||||||||||||||||||
18 | when physical restraint or
more restrictive forms of time out | ||||||||||||||||||||||||||||
19 | are used.
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20 | The rules adopted by the State Board shall
include a | ||||||||||||||||||||||||||||
21 | procedure by which a person who believes a violation of
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22 | Section 10-20.33 or 34-18.20 has occurred may file a | ||||||||||||||||||||||||||||
23 | complaint.
The rules adopted by the State Board shall include |
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1 | training requirements that must be included in training | ||||||
2 | programs used to train and certify school personnel. | ||||||
3 | The State Board shall establish procedures for progressive | ||||||
4 | enforcement
actions to ensure that schools fully comply with | ||||||
5 | the
documentation and reporting requirements for isolated time | ||||||
6 | out, time out, and physical
restraint established by rule, | ||||||
7 | which shall include meaningful and
appropriate sanctions for | ||||||
8 | the failure to comply, including the failure to
report to the | ||||||
9 | parent or guardian and to the State Board, the failure
to | ||||||
10 | timely report, and the failure to provide detailed | ||||||
11 | documentation. | ||||||
12 | (c) Subject to appropriation, the State Board must create | ||||||
13 | a
grant program for school districts and special education
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14 | cooperatives
and charter schools approved by the State Board | ||||||
15 | to implement school-wide,
culturally sensitive, and | ||||||
16 | trauma-informed practices, positive
behavioral interventions | ||||||
17 | and supports, and restorative practices
within a multi-tiered | ||||||
18 | system of support aimed at reducing the
need for | ||||||
19 | interventions, such as isolated time out, time out, and | ||||||
20 | physical restraint. | ||||||
21 | (d) Subject to the Illinois Procurement Code, the Illinois | ||||||
22 | School Student Records Act, the Mental Health and | ||||||
23 | Developmental Disabilities Confidentiality Act, and the | ||||||
24 | federal Family Educational Rights and Privacy Act of 1974, the | ||||||
25 | State Board may contract with a third party to provide
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26 | assistance with the oversight and monitoring of the use of |
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1 | isolated time
out, time out, and physical restraint by school | ||||||
2 | districts. | ||||||
3 | (e) The State Board shall establish goals within 90 days | ||||||
4 | after the effective date of this amendatory Act of the 102nd | ||||||
5 | General Assembly, with
specific benchmarks, for schools to | ||||||
6 | accomplish the systemic reduction
of isolated time out, time | ||||||
7 | out, and physical restraint within 3 years after the effective | ||||||
8 | date of this amendatory Act of the 102nd General Assembly.
The | ||||||
9 | State Board shall engage in meaningful consultation with | ||||||
10 | stakeholders to establish the goals, including in the review | ||||||
11 | and evaluation of the data submitted. Each school board shall | ||||||
12 | create a time out and physical restraint oversight team that | ||||||
13 | includes, but is not limited to, teachers, paraprofessionals, | ||||||
14 | school service personnel, and administrators to develop (i) a | ||||||
15 | school-specific plan for reducing and eventually eliminating | ||||||
16 | the use
of isolated time out, time out, and physical restraint | ||||||
17 | in accordance with the goals and benchmarks established by the | ||||||
18 | State Board and (ii) procedures to implement the plan | ||||||
19 | developed by the team. | ||||||
20 | The progress toward the reduction and eventual elimination | ||||||
21 | of the use of isolated time out and physical restraint shall be | ||||||
22 | measured by the reduction in the overall number of incidents | ||||||
23 | of those interventions and the total number of students | ||||||
24 | subjected to those interventions. In limited cases, upon | ||||||
25 | written application made by a school district and approved by | ||||||
26 | the State Board based on criteria developed by the State Board |
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1 | to show good cause, the reduction in the use of those | ||||||
2 | interventions may be measured by the frequency of the use of | ||||||
3 | those interventions on individual students and the student | ||||||
4 | population as a whole. The State Board shall specify a date for | ||||||
5 | submission of the plans. School districts shall submit a | ||||||
6 | report once each year for 3 years after the effective date of | ||||||
7 | this amendatory Act of the 102nd General Assembly to the State | ||||||
8 | Board on the progress made toward achieving the goals and | ||||||
9 | benchmarks established by the State Board and modify their | ||||||
10 | plans as necessary to satisfy those goals and benchmarks. | ||||||
11 | School districts shall notify parents and guardians that the | ||||||
12 | plans and reports are available for review. On or before June | ||||||
13 | 30, 2023, the State Board shall issue a report to the General | ||||||
14 | Assembly on the progress made by schools to achieve those | ||||||
15 | goals and benchmarks. The required plans shall include, but | ||||||
16 | not be limited to, the specific actions that are to be taken
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17 | to: | ||||||
18 | (1) reduce and eventually eliminate a reliance on | ||||||
19 | isolated time out, time out, and physical restraint for | ||||||
20 | behavioral interventions and develop noncoercive | ||||||
21 | environments; | ||||||
22 | (2) develop individualized student plans that are | ||||||
23 | oriented toward prevention of the use of isolated time | ||||||
24 | out, time out, and physical restraint with the intent that | ||||||
25 | a plan be separate and apart from a student's | ||||||
26 | individualized education program or a student's
plan
for |
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1 | services under Section 504 of the federal Rehabilitation | ||||||
2 | Act of 1973; | ||||||
3 | (3) ensure that appropriate school personnel are fully | ||||||
4 | informed of the student's history, including any history | ||||||
5 | of physical or sexual abuse, and other relevant medical | ||||||
6 | and mental health information, except that any disclosure | ||||||
7 | of student information must be consistent with federal and | ||||||
8 | State laws and rules governing student confidentiality and | ||||||
9 | privacy rights; and | ||||||
10 | (4) support a vision for cultural change that | ||||||
11 | reinforces the following: | ||||||
12 | (A) positive behavioral interventions and support | ||||||
13 | rather than isolated time out, time out, and physical | ||||||
14 | restraint; | ||||||
15 | (B) effective ways to de-escalate situations to | ||||||
16 | avoid isolated time out, time out, and physical | ||||||
17 | restraint; | ||||||
18 | (C) crisis intervention techniques that utilize | ||||||
19 | alternatives to isolated time out, time out, and | ||||||
20 | physical restraint; and | ||||||
21 | (D) use of debriefing meetings to reassess what | ||||||
22 | occurred and why it occurred and to think through ways | ||||||
23 | to prevent use of the intervention the next time. | ||||||
24 | (f) A school is exempt from the requirement to submit a | ||||||
25 | plan and the annual reports under subsection (e) if the school | ||||||
26 | is able to demonstrate to the satisfaction of the State Board |
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1 | that (i) within the previous 3 years, the school district has | ||||||
2 | never engaged in the use of isolated time out, time out, or | ||||||
3 | physical restraint and (ii) the school has adopted a written | ||||||
4 | policy that prohibits the use isolated time out, time out, and | ||||||
5 | physical restraint on a student and is able to demonstrate the | ||||||
6 | enforcement of that policy. | ||||||
7 | (g) The State Board shall establish a system of ongoing | ||||||
8 | review,
auditing, and monitoring to ensure that schools comply | ||||||
9 | with the
documentation and reporting requirements and meet the | ||||||
10 | State Board's established goals
and benchmarks for reducing | ||||||
11 | and eventually eliminating the use of isolated time out, time | ||||||
12 | out, and
physical restraint. | ||||||
13 | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
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14 | (105 ILCS 5/10-20.33)
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15 | Sec. 10-20.33. Time out , isolated time out, and physical | ||||||
16 | restraint , and necessities; limitations and prohibitions . | ||||||
17 | (a) The General Assembly finds and declares that the use | ||||||
18 | of isolated time
out, time out, and physical restraint on | ||||||
19 | children and youth carries risks to the health and safety of | ||||||
20 | students and staff; therefore, the ultimate
goal is to reduce | ||||||
21 | and eventually eliminate the use of those interventions. The | ||||||
22 | General Assembly also finds and declares that the State Board | ||||||
23 | of Education
must take affirmative action to lead and support | ||||||
24 | schools in
transforming the school culture to reduce and | ||||||
25 | eliminate the use of all
such interventions over time. |
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1 | (b) In this Section: | ||||||
2 | "Chemical restraint" means the use of medication to | ||||||
3 | control a student's behavior or to restrict a student's | ||||||
4 | freedom of movement. "Chemical restraint" does not include | ||||||
5 | medication that is legally prescribed and administered as part | ||||||
6 | of a student's regular medical regimen to manage behavioral | ||||||
7 | symptoms and treat medical symptoms. | ||||||
8 | "Isolated time out" means the involuntary confinement of a | ||||||
9 | student alone in a time out room or other enclosure outside of | ||||||
10 | the classroom without a supervising adult in the time out room | ||||||
11 | or enclosure. | ||||||
12 | "Isolated time out" or "time out" does not include a | ||||||
13 | student-initiated or student-requested break, a | ||||||
14 | student-initiated sensory break or a teacher-initiated sensory | ||||||
15 | break that may include a sensory room containing sensory tools | ||||||
16 | to assist a student to calm and de-escalate, an in-school | ||||||
17 | suspension or detention, or any other appropriate disciplinary | ||||||
18 | measure, including the student's brief removal to the hallway | ||||||
19 | or similar environment. | ||||||
20 | "Mechanical restraint" means the use of any device or | ||||||
21 | equipment to limit a student's movement or to hold a student | ||||||
22 | immobile. "Mechanical restraint" does not include any | ||||||
23 | restraint used to (i) treat a student's medical needs; (ii) | ||||||
24 | protect a student who is known to be at risk of injury | ||||||
25 | resulting from a lack of coordination or frequent loss of | ||||||
26 | consciousness; (iii) position a student with physical |
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1 | disabilities in a manner specified in the student's | ||||||
2 | individualized education program, federal Section 504 plan, or | ||||||
3 | other plan of care; (iv) provide a supplementary aid, service, | ||||||
4 | or accommodation, including, but not limited to, assistive | ||||||
5 | technology that provides proprioceptive input or aids in | ||||||
6 | self-regulation; or (v) promote student safety in vehicles | ||||||
7 | used to transport students. | ||||||
8 | "Physical restraint" or "restraint" means holding a | ||||||
9 | student or otherwise restricting a student's movements. | ||||||
10 | "Physical restraint" or "restraint" does not include momentary | ||||||
11 | periods of physical restriction by direct person to person | ||||||
12 | contact, without the aid of material or mechanical devices, | ||||||
13 | that are accomplished with limited force and that are designed | ||||||
14 | to prevent a student from completing an act that would result | ||||||
15 | in potential physical harm to himself, herself, or another or | ||||||
16 | damage to property. | ||||||
17 | "Prone physical restraint" means a physical restraint in | ||||||
18 | which a student is held face down on the floor or other surface | ||||||
19 | and physical pressure is applied to the student's body to keep | ||||||
20 | the student in the prone position. | ||||||
21 | "Time out" means a behavior management technique for the | ||||||
22 | purpose of calming or de-escalation that involves the | ||||||
23 | involuntary monitored separation of a student from classmates | ||||||
24 | with a trained adult for part of the school day, only for a | ||||||
25 | brief time, in a non-locked setting. | ||||||
26 | (c) Isolated time out, time out, and physical restraint, |
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1 | other than prone physical restraint, may be used only if (i) | ||||||
2 | the student's behavior presents an imminent danger of serious | ||||||
3 | physical harm to the student or to others; (ii) other less | ||||||
4 | restrictive and intrusive measures have been tried and have | ||||||
5 | proven to be ineffective in stopping the imminent danger of | ||||||
6 | serious physical harm; (iii) there is no known medical | ||||||
7 | contraindication to its use on the student; and (iv) the | ||||||
8 | school staff member or members applying the use of time out, | ||||||
9 | isolated time out, or physical restraint on a student have | ||||||
10 | been trained in its safe application, as established by rule | ||||||
11 | by the State Board of Education. Isolated time out is allowed | ||||||
12 | only under limited circumstances as set forth in this Section. | ||||||
13 | If all other requirements under this Section are met, isolated | ||||||
14 | time out may be used only if the adult in the time out room or | ||||||
15 | enclosure is in imminent danger of serious physical harm | ||||||
16 | because the student is unable to cease actively engaging in | ||||||
17 | extreme physical aggression. | ||||||
18 | Prone restraint, mechanical restraint, and chemical | ||||||
19 | restraint are prohibited. | ||||||
20 | (d) The Until
rules are adopted under Section 2-3.130 of | ||||||
21 | this Code, the use
of any of the following rooms or enclosures | ||||||
22 | for an isolated time out or time out purposes is
prohibited:
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23 | (1) a locked room or a room in which the door is | ||||||
24 | obstructed, prohibiting it from opening other than one | ||||||
25 | with a locking mechanism that engages
only when a key or | ||||||
26 | handle is being held by a person ;
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1 | (2) a confining space such as a closet or box;
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2 | (3) a room where the student cannot be continually | ||||||
3 | observed; or
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4 | (4) any other room or enclosure or time out procedure | ||||||
5 | that is contrary to
current rules adopted by guidelines of | ||||||
6 | the State Board of Education.
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7 | (e) The deprivation of necessities needed to sustain the | ||||||
8 | health of a person, including, without limitation, the denial | ||||||
9 | or unreasonable delay in the provision of the following, is | ||||||
10 | prohibited: | ||||||
11 | (1) food or liquid at a time when it is customarily | ||||||
12 | served; | ||||||
13 | (2) medication; or | ||||||
14 | (3) the use of a restroom. | ||||||
15 | (f) (Blank). The use of physical restraints is prohibited | ||||||
16 | except when (i) the student
poses a physical risk to himself, | ||||||
17 | herself, or others, (ii) there is no medical
contraindication | ||||||
18 | to its use, and (iii) the staff applying the restraint have
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19 | been trained in its safe application. For the purposes of this | ||||||
20 | Section,
"restraint" does not include momentary periods of | ||||||
21 | physical restriction by
direct person-to-person contact, | ||||||
22 | without the aid of material or mechanical
devices, | ||||||
23 | accomplished with limited force and that are designed (i) to | ||||||
24 | prevent a
student from completing an act that would result in | ||||||
25 | potential physical harm to
himself, herself, or another or | ||||||
26 | damage to property or (ii) to remove a
disruptive student who |
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1 | is unwilling to voluntarily leave the area. The use of
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2 | physical restraints that meet the requirements of this Section | ||||||
3 | may be included
in a student's individualized education plan | ||||||
4 | where deemed appropriate by the
student's individualized | ||||||
5 | education plan team. | ||||||
6 | (g) Following each incident of isolated time out, time | ||||||
7 | out, or physical restraint, but no later than 2 school days | ||||||
8 | after the incident, the principal or another designated | ||||||
9 | administrator shall notify the student's parent or guardian | ||||||
10 | that he or she may request a meeting with appropriate school | ||||||
11 | personnel to discuss the incident. This meeting shall be held | ||||||
12 | separate and apart from meetings held in accordance with the | ||||||
13 | student's individualized education program or from meetings | ||||||
14 | held in accordance with the student's plan for services under | ||||||
15 | Section 504 of the federal Rehabilitation Act of 1973. If a | ||||||
16 | parent or guardian requests a meeting, the meeting shall be | ||||||
17 | convened within 2 school days after the request, provided that | ||||||
18 | the 2-school day limitation shall be extended if requested by | ||||||
19 | the parent or guardian. The parent or guardian may also | ||||||
20 | request that the meeting be convened via telephone or video | ||||||
21 | conference. | ||||||
22 | The meeting shall include the student, if appropriate, at | ||||||
23 | least one school staff member involved in the incident of | ||||||
24 | isolated time out, time out, or physical restraint, the | ||||||
25 | student's parent or guardian, and at least one appropriate | ||||||
26 | school staff member not involved in the incident of isolated |
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1 | time out, time out, or physical restraint, such as a social | ||||||
2 | worker, psychologist, nurse, or behavioral specialist. During | ||||||
3 | the meeting, the school staff member or members involved in | ||||||
4 | the incident of isolated time out, time out, or physical | ||||||
5 | restraint, the student, and the student's parent or guardian, | ||||||
6 | if applicable, shall be provided an opportunity to describe | ||||||
7 | (i) the events that occurred prior to the incident of isolated | ||||||
8 | time out, time out, or physical restraint and any actions that | ||||||
9 | were taken by school personnel or the student leading up to the | ||||||
10 | incident; (ii) the incident of isolated time out, time out, or | ||||||
11 | physical restraint; and (iii) the events that occurred or the | ||||||
12 | actions that were taken following the incident of isolated | ||||||
13 | time out, time out, or physical restraint and whether the | ||||||
14 | student returned to regular school activities and, if not, how | ||||||
15 | the student spent the remainder of the school day. All parties | ||||||
16 | present at the meeting shall have the opportunity to discuss | ||||||
17 | what school personnel could have done differently to avoid the | ||||||
18 | incident of isolated time out, time out, or physical restraint | ||||||
19 | and what alternative courses of action, if any, the school can | ||||||
20 | take to support the student and to avoid the future use of | ||||||
21 | isolated time out, time out, or physical restraint. At no | ||||||
22 | point may a student be excluded from school solely because a | ||||||
23 | meeting has not occurred. | ||||||
24 | A summary of the meeting and any agreements or conclusions | ||||||
25 | reached during the meeting shall be documented in writing and | ||||||
26 | shall become part of the student's school record. A copy of the |
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1 | documents shall be provided to the student's parent or | ||||||
2 | guardian. If a parent or guardian does not request a meeting | ||||||
3 | within 10 school days after the school has provided the | ||||||
4 | documents to the parent or guardian or if a parent or guardian | ||||||
5 | fails to attend a requested meeting, that fact shall be | ||||||
6 | documented as part of the student's school record. | ||||||
7 | (h) Whenever isolated time out, time out, or physical | ||||||
8 | restraint is used physical restraints are
used , school | ||||||
9 | personnel shall fully document and report to the State Board
| ||||||
10 | of Education the incident, including the events
leading up to | ||||||
11 | the incident, what alternative measures that are less
| ||||||
12 | restrictive and intrusive were used prior to the use of | ||||||
13 | isolated time out, time out, or
physical restraint, why those | ||||||
14 | measures were ineffective or deemed inappropriate, the type of | ||||||
15 | restraint , isolated time out, or time out that was used, the | ||||||
16 | length of time the
student was in isolated time out or time out | ||||||
17 | or was is restrained, and the staff involved. The parents or | ||||||
18 | guardian of
a student and the State Superintendent of | ||||||
19 | Education shall be informed whenever isolated time out, time | ||||||
20 | out, or physical restraint is restraints are used.
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21 | Schools shall provide parents and guardians with the | ||||||
22 | following
information, to be developed by the State Board and | ||||||
23 | which may be incorporated into the State Board's prescribed | ||||||
24 | physical restraint and time out form at the discretion of the | ||||||
25 | State Board, after each
incident in which isolated time out, | ||||||
26 | time out, or physical restraint is used during
the school |
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1 | year, in printed form or, upon the written request of
the | ||||||
2 | parent or guardian, by email: | ||||||
3 | (1) a copy of the standards for when isolated time | ||||||
4 | out, time out, and physical restraint can be used; | ||||||
5 | (2) information about the rights of parents, | ||||||
6 | guardians, and students; and | ||||||
7 | (3) information about the parent's or guardian's right | ||||||
8 | to file a complaint with the State Superintendent of | ||||||
9 | Education, the complaint process, and other information to | ||||||
10 | assist the parent or guardian in navigating the complaint | ||||||
11 | process. | ||||||
12 | (i) Any use of isolated time out, time out, or physical | ||||||
13 | restraint that is permitted by a school board's policy shall | ||||||
14 | be implemented in accordance with written procedures. | ||||||
15 | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
| ||||||
16 | (105 ILCS 5/34-18.20)
| ||||||
17 | Sec. 34-18.20. Time out , isolated time out, and physical | ||||||
18 | restraint , and necessities; limitations and prohibitions . | ||||||
19 | (a) The General Assembly finds and declares that the use | ||||||
20 | of isolated time
out, time out, and physical restraint on | ||||||
21 | children and youth carries risks to the health and safety of | ||||||
22 | students and staff; therefore, the ultimate
goal is to reduce | ||||||
23 | and eventually eliminate the use of those interventions. The | ||||||
24 | General Assembly also finds and declares that the State Board | ||||||
25 | of Education
must take affirmative action to lead and support |
| |||||||
| |||||||
1 | schools in
transforming the school culture to reduce and | ||||||
2 | eliminate the use of all
such interventions over time. | ||||||
3 | (b) In this Section: | ||||||
4 | "Chemical restraint" means the use of medication to | ||||||
5 | control a student's behavior or to restrict a student's | ||||||
6 | freedom of movement. "Chemical restraint" does not include | ||||||
7 | medication that is legally prescribed and administered as part | ||||||
8 | of a student's regular medical regimen to manage behavioral | ||||||
9 | symptoms and treat medical symptoms. | ||||||
10 | "Isolated time out" means the involuntary confinement of a | ||||||
11 | student alone in a time out room or other enclosure outside of | ||||||
12 | the classroom without a supervising adult in the time out room | ||||||
13 | or enclosure. | ||||||
14 | "Isolated time out" or "time out" does not include a | ||||||
15 | student-initiated or student-requested break, a | ||||||
16 | student-initiated sensory break or a teacher-initiated sensory | ||||||
17 | break that may include a sensory room containing sensory tools | ||||||
18 | to assist a student to calm and de-escalate, an in-school | ||||||
19 | suspension or detention, or any other appropriate disciplinary | ||||||
20 | measure, including the student's brief removal to the hallway | ||||||
21 | or similar environment. | ||||||
22 | "Mechanical restraint" means the use of any device or | ||||||
23 | equipment to limit a student's movement or to hold a student | ||||||
24 | immobile. "Mechanical restraint" does not include any | ||||||
25 | restraint used to (i) treat a student's medical needs; (ii) | ||||||
26 | protect a student who is known to be at risk of injury |
| |||||||
| |||||||
1 | resulting from a lack of coordination or frequent loss of | ||||||
2 | consciousness; (iii) position a student with physical | ||||||
3 | disabilities in a manner specified in the student's | ||||||
4 | individualized education program, federal Section 504 plan, or | ||||||
5 | other plan of care; (iv) provide a supplementary aid, service, | ||||||
6 | or accommodation, including, but not limited to, assistive | ||||||
7 | technology that provides proprioceptive input or aids in | ||||||
8 | self-regulation; or (v) promote student safety in vehicles | ||||||
9 | used to transport students. | ||||||
10 | "Physical restraint" or "restraint" means holding a | ||||||
11 | student or otherwise restricting a student's movements. | ||||||
12 | "Physical restraint" or "restraint" does not include momentary | ||||||
13 | periods of physical restriction by direct person to person | ||||||
14 | contact, without the aid of material or mechanical devices, | ||||||
15 | that are accomplished with limited force and that are designed | ||||||
16 | to prevent a student from completing an act that would result | ||||||
17 | in potential physical harm to himself, herself, or another or | ||||||
18 | damage to property. | ||||||
19 | "Prone physical restraint" means a physical restraint in | ||||||
20 | which a student is held face down on the floor or other surface | ||||||
21 | and physical pressure is applied to the student's body to keep | ||||||
22 | the student in the prone position. | ||||||
23 | "Time out" means a behavior management technique for the | ||||||
24 | purpose of calming or de-escalation that involves the | ||||||
25 | involuntary monitored separation of a student from classmates | ||||||
26 | with a trained adult for part of the school day, only for a |
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1 | brief time, in a non-locked setting. | ||||||
2 | (c) Isolated time out, time out, and physical restraint, | ||||||
3 | other than prone physical restraint, may be used only if (i) | ||||||
4 | the student's behavior presents an imminent danger of serious | ||||||
5 | physical harm to the student or to others; (ii) other less | ||||||
6 | restrictive and intrusive measures have been tried and have | ||||||
7 | proven to be ineffective in stopping the imminent danger of | ||||||
8 | serious physical harm; (iii) there is no known medical | ||||||
9 | contraindication to its use on the student; and (iv) the | ||||||
10 | school staff member or members applying the use of time out, | ||||||
11 | isolated time out, or physical restraint on a student have | ||||||
12 | been trained in its safe application, as established by rule | ||||||
13 | by the State Board of Education. Isolated time out is allowed | ||||||
14 | only under limited circumstances as set forth in this Section. | ||||||
15 | If all other requirements under this Section are met, isolated | ||||||
16 | time out may be used only if the adult in the time out room or | ||||||
17 | enclosure is in imminent danger of serious physical harm | ||||||
18 | because the student is unable to cease actively engaging in | ||||||
19 | extreme physical aggression. | ||||||
20 | Prone restraint, mechanical restraint, and chemical | ||||||
21 | restraint are prohibited. | ||||||
22 | (d) The Until
rules are adopted under Section 2-3.130 of | ||||||
23 | this Code, the use
of any of the following rooms or enclosures | ||||||
24 | for an isolated time out or time out purposes is
prohibited:
| ||||||
25 | (1) a locked room or a room in which the door is | ||||||
26 | obstructed, prohibiting it from opening other than one |
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| |||||||
1 | with a locking mechanism that engages
only when a key or | ||||||
2 | handle is being held by a person ;
| ||||||
3 | (2) a confining space such as a closet or box;
| ||||||
4 | (3) a room where the student cannot be continually | ||||||
5 | observed; or
| ||||||
6 | (4) any other room or enclosure or time out procedure | ||||||
7 | that is contrary to
current rules adopted by guidelines of | ||||||
8 | the State Board of Education.
| ||||||
9 | (e) The deprivation of necessities needed to sustain the | ||||||
10 | health of a person, including, without limitation, the denial | ||||||
11 | or unreasonable delay in the provision of the following, is | ||||||
12 | prohibited: | ||||||
13 | (1) food or liquid at a time when it is customarily | ||||||
14 | served; | ||||||
15 | (2) medication; or | ||||||
16 | (3) the use of a restroom. | ||||||
17 | (f) (Blank). The use of physical restraints is prohibited | ||||||
18 | except when (i) the student
poses a physical risk to himself, | ||||||
19 | herself, or others, (ii) there is no medical
contraindication | ||||||
20 | to its use, and (iii) the staff applying the restraint have
| ||||||
21 | been trained in its safe application. For the purposes of this | ||||||
22 | Section,
"restraint" does not include momentary periods of | ||||||
23 | physical restriction by
direct person-to-person contact, | ||||||
24 | without the aid of material or mechanical
devices, | ||||||
25 | accomplished with limited force and that are designed (i) to | ||||||
26 | prevent a
student from completing an act that would result in |
| |||||||
| |||||||
1 | potential physical harm to
himself, herself, or another or | ||||||
2 | damage to property or (ii) to remove a
disruptive student who | ||||||
3 | is unwilling to voluntarily leave the area. The use of
| ||||||
4 | physical restraints that meet the requirements of this Section | ||||||
5 | may be included
in a student's individualized education plan | ||||||
6 | where deemed appropriate by the
student's individualized | ||||||
7 | education plan team. | ||||||
8 | (g) Following each incident of isolated time out, time | ||||||
9 | out, or physical restraint, but no later than 2 school days | ||||||
10 | after the incident, the principal or another designated | ||||||
11 | administrator shall notify the student's parent or guardian | ||||||
12 | that he or she may request a meeting with appropriate school | ||||||
13 | personnel to discuss the incident. This meeting shall be held | ||||||
14 | separate and apart from meetings held in accordance with the | ||||||
15 | student's individualized education program or from meetings | ||||||
16 | held in accordance with the student's plan for services under | ||||||
17 | Section 504 of the federal Rehabilitation Act of 1973. If a | ||||||
18 | parent or guardian requests a meeting, the meeting shall be | ||||||
19 | convened within 2 school days after the request, provided that | ||||||
20 | the 2-school day limitation shall be extended if requested by | ||||||
21 | the parent or guardian. The parent or guardian may also | ||||||
22 | request that the meeting be convened via telephone or video | ||||||
23 | conference. | ||||||
24 | The meeting shall include the student, if appropriate, at | ||||||
25 | least one school staff member involved in the incident of | ||||||
26 | isolated time out, time out, or physical restraint, the |
| |||||||
| |||||||
1 | student's parent or guardian, and at least one appropriate | ||||||
2 | school staff member not involved in the incident of isolated | ||||||
3 | time out, time out, or physical restraint, such as a social | ||||||
4 | worker, psychologist, nurse, or behavioral specialist. During | ||||||
5 | the meeting, the school staff member or members involved in | ||||||
6 | the incident of isolated time out, time out, or physical | ||||||
7 | restraint, the student, and the student's parent or guardian, | ||||||
8 | if applicable, shall be provided an opportunity to describe | ||||||
9 | (i) the events that occurred prior to the incident of isolated | ||||||
10 | time out, time out, or physical restraint and any actions that | ||||||
11 | were taken by school personnel or the student leading up to the | ||||||
12 | incident; (ii) the incident of isolated time out, time out, or | ||||||
13 | physical restraint; and (iii) the events that occurred or the | ||||||
14 | actions that were taken following the incident of isolated | ||||||
15 | time out, time out, or physical restraint and whether the | ||||||
16 | student returned to regular school activities and, if not, how | ||||||
17 | the student spent the remainder of the school day. All parties | ||||||
18 | present at the meeting shall have the opportunity to discuss | ||||||
19 | what school personnel could have done differently to avoid the | ||||||
20 | incident of isolated time out, time out, or physical restraint | ||||||
21 | and what alternative courses of action, if any, the school can | ||||||
22 | take to support the student and to avoid the future use of | ||||||
23 | isolated time out, time out, or physical restraint. At no | ||||||
24 | point may a student be excluded from school solely because a | ||||||
25 | meeting has not occurred. | ||||||
26 | A summary of the meeting and any agreements or conclusions |
| |||||||
| |||||||
1 | reached during the meeting shall be documented in writing and | ||||||
2 | shall become part of the student's school record. A copy of the | ||||||
3 | documents shall be provided to the student's parent or | ||||||
4 | guardian. If a parent or guardian does not request a meeting | ||||||
5 | within 10 school days after the school has provided the | ||||||
6 | documents to the parent or guardian or if a parent or guardian | ||||||
7 | fails to attend a requested meeting, that fact shall be | ||||||
8 | documented as part of the student's school record. | ||||||
9 | (h) Whenever isolated time out, time out, or physical | ||||||
10 | restraint is used physical restraints are
used , school | ||||||
11 | personnel shall fully document and report to the State Board
| ||||||
12 | of Education the incident, including the events
leading up to | ||||||
13 | the incident, what alternative measures that are less
| ||||||
14 | restrictive and intrusive were used prior to the use of | ||||||
15 | isolated time out, time out, or
physical restraint, why those | ||||||
16 | measures were ineffective or deemed inappropriate, the type of | ||||||
17 | restraint , isolated time out, or time out that was used, the | ||||||
18 | length of time the
student was in isolated time out or time out | ||||||
19 | or was is restrained, and the staff involved. The parents or
| ||||||
20 | guardian of a student and the State Superintendent of | ||||||
21 | Education shall be informed whenever isolated time out, time | ||||||
22 | out, or physical restraint is restraints are used.
| ||||||
23 | Schools shall provide parents and guardians with the | ||||||
24 | following
information, to be developed by the State Board and | ||||||
25 | which may be incorporated into the State Board's prescribed | ||||||
26 | physical restraint and time out form at the discretion of the |
| |||||||
| |||||||
1 | State Board, after each
incident in which isolated time out, | ||||||
2 | time out, or physical restraint is used during
the school | ||||||
3 | year, in printed form or, upon the written request of
the | ||||||
4 | parent or guardian, by email: | ||||||
5 | (1) a copy of the standards for when isolated time | ||||||
6 | out, time out, and physical restraint can be used; | ||||||
7 | (2) information about the rights of parents, | ||||||
8 | guardians, and students; and | ||||||
9 | (3) information about the parent's or guardian's right | ||||||
10 | to file a complaint with the State Superintendent of | ||||||
11 | Education, the complaint process, and other information to | ||||||
12 | assist the parent or guardian in navigating the complaint | ||||||
13 | process. | ||||||
14 | (i) Any use of isolated time out, time out, or physical | ||||||
15 | restraint that is permitted by the board's policy shall be | ||||||
16 | implemented in accordance with written procedures. | ||||||
17 | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
| ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
|