Bill Text: IL SB2315 | 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: Partisan Bill (Democrat 9-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB2315 Detail]
Download: Illinois-2019-SB2315-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. Time out and physical restraint rules. The
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8 | State Board of Education shall promulgate rules governing the | |||||||||||||||||||||||
9 | use of time out
and physical restraint in the public schools. | |||||||||||||||||||||||
10 | The rules shall include
provisions prohibiting seclusion as | |||||||||||||||||||||||
11 | provided under Sections 10-20.33 and 34-18.20 and governing | |||||||||||||||||||||||
12 | recordkeeping that is required when physical restraint or
more | |||||||||||||||||||||||
13 | restrictive forms of time out are used.
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14 | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
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15 | (105 ILCS 5/10-20.33)
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16 | Sec. 10-20.33. Seclusion Time out and physical restraint. | |||||||||||||||||||||||
17 | (a) It is the policy of this State to treat with dignity | |||||||||||||||||||||||
18 | and respect all students, including students with disabilities | |||||||||||||||||||||||
19 | who receive special education services under Article 14, and | |||||||||||||||||||||||
20 | that a student, including a student with a disability who | |||||||||||||||||||||||
21 | receives special education services under Article 14, may not | |||||||||||||||||||||||
22 | be confined in an enclosed space, including, but not limited |
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1 | to, a box, a closet, a room, or any other locked or unlocked | ||||||
2 | space, regardless of whether the space was specially designated | ||||||
3 | or utilized as either a discipline management practice or a | ||||||
4 | behavior management technique. | ||||||
5 | In this subsection (a), "seclusion" means a discipline | ||||||
6 | management practice or behavior management technique in which a | ||||||
7 | student is confined in an enclosed space that is designed | ||||||
8 | solely to seclude a person, regardless of space or dimension, | ||||||
9 | whether it is a box, a closet, a room, or any other specially | ||||||
10 | designated locked or unlocked space. | ||||||
11 | A school district employee or volunteer or an independent | ||||||
12 | contractor of a school district, including, but not limited to, | ||||||
13 | any agent acting on behalf or at the direction of a school | ||||||
14 | district employee or volunteer or independent contractor of a | ||||||
15 | school district, may not place a student in seclusion. This | ||||||
16 | subsection (a) does not apply to the use of seclusion in a | ||||||
17 | court-ordered placement, other than a placement in an | ||||||
18 | educational program of a school district, or in a placement or | ||||||
19 | facility to which other laws or rules apply. Until
rules are | ||||||
20 | adopted under Section 2-3.130 of this Code, the use
of any of | ||||||
21 | the following rooms or enclosures for time out purposes is
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22 | prohibited :
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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;
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1 | (3) a room where the student cannot be continually | ||||||
2 | observed; or
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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.
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6 | (b) The use of physical restraints is prohibited except | ||||||
7 | when (i) the student
poses a physical risk to himself, herself, | ||||||
8 | or others, (ii) there is no medical
contraindication to its | ||||||
9 | use, and (iii) the staff applying the restraint have
been | ||||||
10 | trained in its safe application. For the purposes of this | ||||||
11 | subsection (b) Section ,
"restraint" does not include momentary | ||||||
12 | periods of physical restriction by
direct person-to-person | ||||||
13 | contact, without the aid of material or mechanical
devices, | ||||||
14 | accomplished with limited force and that are designed (i) to | ||||||
15 | prevent a
student from completing an act that would result in | ||||||
16 | potential physical harm to
himself, herself, or another or | ||||||
17 | damage to property or (ii) to remove a
disruptive student who | ||||||
18 | is unwilling to voluntarily leave the area. The use of
physical | ||||||
19 | restraints that meet the requirements of this Section may be | ||||||
20 | included
in a student's individualized education plan where | ||||||
21 | deemed appropriate by the
student's individualized education | ||||||
22 | plan team. Whenever physical restraints are
used, school | ||||||
23 | personnel shall fully document the incident, including the | ||||||
24 | events
leading up to the incident, the type of restraint used, | ||||||
25 | the length of time the
student is restrained, and the staff | ||||||
26 | involved. The parents or guardian of
a student shall be |
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1 | informed whenever physical restraints are used.
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2 | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
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3 | (105 ILCS 5/34-18.20)
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4 | Sec. 34-18.20. Seclusion Time out and physical restraint. | ||||||
5 | (a) It is the policy of this State to treat with dignity | ||||||
6 | and respect all students, including students with disabilities | ||||||
7 | who receive special education services under Article 14, and | ||||||
8 | that a student, including a student with a disability who | ||||||
9 | receives special education services under Article 14, may not | ||||||
10 | be confined in an enclosed space, including, but not limited | ||||||
11 | to, a box, a closet, a room, or any other locked or unlocked | ||||||
12 | space, regardless of whether the space was specially designated | ||||||
13 | or utilized as either a discipline management practice or a | ||||||
14 | behavior management technique. | ||||||
15 | In this subsection (a), "seclusion" means a discipline | ||||||
16 | management practice or behavior management technique in which a | ||||||
17 | student is confined in an enclosed space that is designed | ||||||
18 | solely to seclude a person, regardless of space or dimension, | ||||||
19 | whether it is a box, a closet, a room, or any other specially | ||||||
20 | designated locked or unlocked space. | ||||||
21 | A school district employee or volunteer or an independent | ||||||
22 | contractor of a school district, including, but not limited to, | ||||||
23 | any agent acting on behalf or at the direction of a school | ||||||
24 | district employee or volunteer or independent contractor of a | ||||||
25 | school district, may not place a student in seclusion. This |
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1 | subsection (a) does not apply to the use of seclusion in a | ||||||
2 | court-ordered placement, other than a placement in an | ||||||
3 | educational program of a school district, or in a placement or | ||||||
4 | facility to which other laws or rules apply. Until
rules are | ||||||
5 | adopted under Section 2-3.130 of this Code, the use
of any of | ||||||
6 | the following rooms or enclosures for time out purposes is
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7 | prohibited:
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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;
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11 | (2) a confining space such as a closet or box;
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12 | (3) a room where the student cannot be continually | ||||||
13 | observed; or
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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.
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17 | (b) The use of physical restraints is prohibited except | ||||||
18 | when (i) the student
poses a physical risk to himself, herself, | ||||||
19 | or others, (ii) there is no medical
contraindication to its | ||||||
20 | use, and (iii) the staff applying the restraint have
been | ||||||
21 | trained in its safe application. For the purposes of this | ||||||
22 | subsection (b) Section ,
"restraint" does not include momentary | ||||||
23 | periods of physical restriction by
direct person-to-person | ||||||
24 | contact, 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 |
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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
physical | ||||||
4 | restraints that meet the requirements of this Section may be | ||||||
5 | included
in a student's individualized education plan where | ||||||
6 | deemed appropriate by the
student's individualized education | ||||||
7 | plan team. Whenever physical restraints are
used, school | ||||||
8 | personnel shall fully document the incident, including the | ||||||
9 | events
leading up to the incident, the type of restraint used, | ||||||
10 | the length of time the
student is restrained, and the staff | ||||||
11 | involved. The parents or
guardian of a student shall be | ||||||
12 | informed whenever physical restraints are used.
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13 | (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
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