SB1943 104TH GENERAL ASSEMBLY

LRB104 10771 LNS 20851 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1943

Introduced 2/6/2025, by Sen. Meg Loughran Cappel

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-20.33

Amends the School Code. Expands the definitions of "isolated time out" or "time out", "physical restraint" or "restraint", and "time out". Removes exceptions to the prohibition of prone restraint. Removes language providing that the parents or guardian of a student and the State Superintendent of Education shall be informed whenever isolated time out, time out, or physical restraint is used. Establishes complaint procedures to replace the complaint procedures set forth in the State Board of Education's rules. Provides that staff members responsible for implementing isolated time out, time out, or physical restraint must be trained in accordance with the system of non-violent intervention adopted by the school district and must be trained at least once every 2 years in a session that is not less than 6 hours. Requires the State Board to convene a group of stakeholders to annually review: (1) data associated with the use of physical restraint, time out, and isolated time out, and efforts made by public entities to reduce these practices; (2) strategies to reduce physical restraint, time out, and isolated time out; (3) decisions made by the State Board related to physical restraint, time out, and isolated time out; (4) student behavior and behavioral interventions that can be use as an alternative to physical restraint, time out, and isolated time out; and (5) professional development needed for public entities in behavioral interventions to ensure the proper use of physical restraint, time out, and isolated time out. Makes other changes.

A BILL FOR

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 10-20.33 as follows:

(105 ILCS 5/10-20.33)

Sec. 10-20.33. Time out, isolated time out, restraint, and necessities; limitations and prohibitions.

(a) The General Assembly finds and declares that the improper use of isolated time out, time out, and physical restraint on children and youth carries risks to the health and safety of students and staff; therefore, the ultimate goal is to reduce and eventually eliminate the improper use of those interventions and ultimately replace those interventions with other non-violent crisis interventions. The General Assembly also finds and declares that the State Board of Education must take affirmative action to lead and support schools in transforming the school culture to reduce and eliminate the improper use of all such interventions over time.

(b) In this Section:

"Chemical restraint" means the use of medication to control a student's behavior or to restrict a student's freedom of movement. "Chemical restraint" does not include medication that is legally prescribed and administered as part of a student's regular medical regimen to manage behavioral symptoms and treat medical symptoms.

"Isolated time out" means the involuntary confinement of a student alone in a time out room or other enclosure outside of the classroom without a supervising adult in the time out room or enclosure.

"Isolated time out" or "time out" does not include a student-initiated or student-requested break, a student-initiated sensory break or a teacher-initiated sensory break that may include a sensory room containing sensory tools to assist a student to calm and de-escalate, an in-school suspension or detention, or any other appropriate disciplinary measure, including the student's brief removal to the hallway, an office, or similar environment. "Isolated time out" or "time out" does not mean blocking the egress of a student from a classroom or a space within the classroom to prevent a student from eloping.

"Mechanical restraint" means the use of any device or equipment to limit a student's movement or to hold a student immobile. "Mechanical restraint" does not include any restraint used to (i) treat a student's medical needs; (ii) protect a student who is known to be at risk of injury resulting from a lack of coordination or frequent loss of consciousness; (iii) position a student with physical disabilities in a manner specified in the student's individualized education program, federal Section 504 plan, or other plan of care; (iv) provide a supplementary aid, service, or accommodation, including, but not limited to, assistive technology that provides proprioceptive input or aids in self-regulation; or (v) promote student safety in vehicles used to transport students.

"Physical restraint" or "restraint" means holding a student or otherwise restricting a student's movements. "Physical restraint" or "restraint" does not include the following interventions used based on the best judgment of the staff at the time of implementation:

(1) momentary periods of physical restriction by direct person to person contact, without the aid of material or mechanical devices, that are accomplished with limited force and that are designed to prevent a student from completing an act that would result in potential physical harm to himself, herself, or another or damage to property; .

(2) the use of physical touch in a manner as recommended by an occupational therapist, physical therapist, school psychologist, or social worker in order to assist a student in the regulation of the student's body, such as proprioceptive exercises, joint compression, or brief squeezes;

(3) momentary physical touch to a student's extremities used to redirect a student's attention, like a tap on a student's shoulder that that redirects the student's attention to the teacher;

(4) momentary physical touch used to comfort a student in distress, such as a brief hug or a pat on the back to comfort a student;

(5) physical restriction intended to prevent a student from elopement, such as blocking a student from exiting a classroom, the school building, the playground, or any other part of school property, and redirecting a student to engage with the student's class; and

(6) physical restriction necessary to prevent or break up a physical fight on school grounds.

"Prone physical restraint" means a physical restraint in which a student is held face down on the floor or other surface and physical pressure is applied to the student's body to keep the student in the prone position.

"Time out" means a behavior management technique for the purpose of calming or de-escalation that involves the involuntary monitored separation of a student from classmates with a trained adult for part of the school day, only for a brief time, in a nonlocked setting. "Time out" does not include the detention of a student in a hallway or administrator's office while an administrator is present as a form of de-escalation or while the administrator is investigating an incident involving the student.

(c) Isolated time out, time out, and physical restraint, other than prone physical restraint, may be used only if (i) the student's behavior presents an imminent danger of serious physical harm to the student or to others; (ii) other less restrictive and intrusive measures have been tried and have proven to be ineffective in stopping the imminent danger of serious physical harm; (iii) there is no known medical contraindication to its use on the student; and (iv) the school staff member or members applying the use of time out, isolated time out, or physical restraint on a student have been trained in its safe application, as established by rule by the State Board of Education. Isolated time out is allowed only under limited circumstances as set forth in this Section. If all other requirements under this Section are met, isolated time out may be used only if the adult in the time out room or enclosure is in imminent danger of serious physical harm because the student is unable to cease actively engaging in extreme physical aggression.

Mechanical restraint, and chemical restraint, and prone restraint are prohibited. Prone restraint is prohibited except when all of the following conditions are satisfied:

(1) The student's Behavior Intervention Plan specifically allows for prone restraint of the student.

(2) The Behavior Intervention Plan was put into place before January 1, 2021.

(3) The student's Behavior Intervention Plan has been approved by the IEP team.

(4) The school staff member or staff members applying the use of prone restraint on a student have been trained in its safe application as established by rule by the State Board of Education.

(5) The school must be able to document and demonstrate to the IEP team that the use of other de-escalation techniques provided for in the student's Behavior Intervention Plan were ineffective.

(6) The use of prone restraint occurs within the 2021-2022 school year. All instances of the utilization of prone restraint must be reported in accordance with the provisions of this amendatory Act of the 102nd General Assembly. Nothing in this Section shall prohibit the State Board of Education from adopting administrative rules that further restrict or disqualify the use of prone restraint.

(d) The use of any of the following rooms or enclosures for an isolated time out or time out purposes is prohibited:

(1) a locked room or a room in which the door is obstructed, prohibiting it from opening, unless the staff member supervising the room determines in the staff member's own best judgment that egress must be blocked for a short period of time in order to maintain safety of students and staff;

(2) a confining space such as a closet or box;

(3) a room where the student cannot be continually observed; or

(4) (blank) any other room or enclosure or time out procedure that is contrary to current rules adopted by the State Board of Education.

(e) The deprivation of necessities needed to sustain the health of a person, including, without limitation, the denial or unreasonable delay in the provision of the following, is prohibited:

(1) food or liquid at a time when it is customarily served;

(2) medication; or

(3) the use of a restroom.

(f) (Blank).

(g) Following each incident of isolated time out, time out, or physical restraint, but no later than 2 school days after the incident, the principal or another designated administrator shall notify the student's parent or guardian that he or she may request a meeting with appropriate school personnel to discuss the incident. This meeting shall be held separate and apart from meetings held in accordance with the student's individualized education program or from meetings held in accordance with the student's plan for services under Section 504 of the federal Rehabilitation Act of 1973, unless the parent or guardian and the school district agree otherwise. If a parent or guardian requests a meeting, the meeting shall be convened within 2 school days after the request, provided that the 2-school day limitation shall be extended if requested by the parent or guardian. The parent or guardian may also request that the meeting be convened via telephone or video conference.

The meeting shall include the student, if appropriate, at least one school staff member involved in the incident of isolated time out, time out, or physical restraint, the student's parent or guardian, and at least one appropriate school staff member not involved in the incident of isolated time out, time out, or physical restraint, such as a social worker, psychologist, nurse, or behavioral specialist. During the meeting, the school staff member or members involved in the incident of isolated time out, time out, or physical restraint, the student, and the student's parent or guardian, if applicable, shall be provided an opportunity to describe (i) the events that occurred prior to the incident of isolated time out, time out, or physical restraint and any actions that were taken by school personnel or the student leading up to the incident; (ii) the incident of isolated time out, time out, or physical restraint; and (iii) the events that occurred or the actions that were taken following the incident of isolated time out, time out, or physical restraint and whether the student returned to regular school activities and, if not, how the student spent the remainder of the school day. All parties present at the meeting shall have the opportunity to discuss what school personnel could have done differently to avoid the incident of isolated time out, time out, or physical restraint and what alternative courses of action, if any, the school can take to support the student and to avoid the future use of isolated time out, time out, or physical restraint. At no point may a student be excluded from school solely because a meeting has not occurred.

A summary of the meeting and any agreements or conclusions reached during the meeting shall be documented in writing and shall become part of the student's school record. A copy of the documents shall be provided to the student's parent or guardian. If a parent or guardian does not request a meeting within 10 school days after the school has provided the documents to the parent or guardian or if a parent or guardian fails to attend a requested meeting, that fact shall be documented as part of the student's school record.

(h) Whenever isolated time out, time out, or physical restraint is used, school personnel shall fully document and report the following to the parent or guardian of the student and the State Board of Education on a form developed by the State Board of Education: the incident, including the events leading up to the incident, what alternative measures that are less restrictive and intrusive were used prior to the use of isolated time out, time out, or physical restraint, why those measures were ineffective or deemed inappropriate, the type of restraint, isolated time out, or time out that was used, the length of time the student was in isolated time out or time out or was restrained, and the staff involved. The parents or guardian of a student and the State Superintendent of Education shall be informed whenever isolated time out, time out, or physical restraint is used.

Schools shall provide parents and guardians with the following information, to be developed by the State Board and which may be incorporated into the State Board's prescribed physical restraint and time out form at the discretion of the State Board, after each incident in which isolated time out, time out, or physical restraint is used during the school year, in printed form or, upon the written request of the parent or guardian, by email:

(1) a copy of the standards for when isolated time out, time out, and physical restraint can be used;

(2) information about the rights of parents, guardians, and students; and

(3) information about the parent's or guardian's right to file a complaint with the State Board Superintendent of Education, the complaint process, and other information to assist the parent or guardian in navigating the complaint process.

(i) The following complaint procedures replace the procedures set forth in the State Board of Education's rules:

(1) Any parent or guardian, or the parent's or guardian's legal representative, may file a signed, written complaint with the State Board of Education alleging that a local school district or entity has inappropriately used time out, isolated time out, or physical restraint. The complaint shall include the following:

(A) the facts on which the complaint is based;

(B) the signature and contact information of the complainant and the complainant's relationship to the student involved in the complaint;

(C) the school of attendance of the student or students involved;

(D) any known witnesses to the incident giving rise to the complaint; and

(E) a proposed resolution to the incident giving rise to the complaint, if possible.

(2) After receiving the complaint that meets the requirements of this subsection, the State Board of Education shall:

(A) conduct an investigation into the incident giving rise to the complaint, including an on-sight investigation if deemed necessary by the investigator;

(B) give the complainant the opportunity to submit additional information in writing about the allegations in the complaint, which will be provided to the entity which is subject to the complaint; and

(C) require the public entity to respond to the complaint in writing and provide evidence as requested by the State Board of Education.

(3) The State Board of Education must issue a written decision to the complainant that addresses each allegation in the complaint. The written decision shall include: a findings of fact and conclusion; the rationale for the agency's determination; any compliance requirements; and technical assistance.

(4) If either the complainant or the public entity responding to the complaint disagrees with the determination of the State Board, the complainant or the public entity may appeal to the State Superintendent for review. The State Superintendent's review of the State Board's decision shall be considered a final administrative decision and is reviewable by a court of competent jurisdiction.

(j) Any use of isolated time out, time out, or physical restraint that is permitted by a school board's policy shall be implemented in accordance with written procedures.

(k) Staff members responsible for implementing isolated time out, time out, or physical restraint must be trained in accordance with the system of non-violent intervention adopted by the school district and must be trained at least once every 2 years in a session that is not less than 6 hours.

(l) The State Board of Education shall convene a group of stakeholders not less than annually to review the following:

(1) data associated with the use of physical restraint, time out, and isolated time out, and efforts made by public entities to reduce these practices;

(2) strategies to reduce physical restraint, time out, and isolated time out;

(3) decisions made by the State Board of Education related to physical restraint, time out, and isolated time out;

(4) student behavior and behavioral interventions that can be use as an alternative to physical restraint, time out, and isolated time out; and

(5) professional development needed for public entities in behavioral interventions to ensure the proper use of physical restraint, time out, and isolated time out.

(Source: P.A. 102-339, eff. 8-13-21.)