State of Illinois
91st General Assembly
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91_SB1168eng

 
SB1168 Engrossed                               LRB9106162NTcd

 1        AN ACT to  amend  the  School  Code  by  adding  Sections
 2    2-3.126, 10-20.31, and 34-18.18.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The School Code is amended by adding Sections
 6    2-3.126, 10-20.31, and 34-18.18 as follows:

 7        (105 ILCS 5/2-3.126 new)
 8        Sec. 2-3.126.  Behavioral intervention rules.  The  State
 9    Board of Education shall promulgate rules governing the forms
10    of behavioral interventions in use at some schools around the
11    State and the serious safety issues that they raise.

12        (105 ILCS 5/10-20.31 new)
13        Sec.  10-20.31.  Behavior intervention.  Pending adoption
14    of rules under Section 2-3.126 of this Code, a  school  board
15    shall  prohibit  the  use  of  adversive  forms  of  behavior
16    interventions  that are contrary to current guidelines of the
17    State Board of Education,  including  any  locked  room,  any
18    confining  space  such  as a closet or box, or any room where
19    the student cannot be continually observed that  is  contrary
20    to  current  guidelines  of  the State Board of Education.  A
21    school board shall prohibit the use  of  physical  restraints
22    except  when the student poses an immediate, serious physical
23    risk to himself, herself, or  others,  there  is  no  medical
24    counterindication  to  its  use,  and  the staff applying the
25    restraint have been trained  in  its  safe  application.   In
26    these instances, the school board shall require the school to
27    fully  document the incident, including the events leading up
28    to the incident, the type of restraint used and the length of
29    time, and the staff involved.  A school board  shall  require
30    that  the  parents  or  guardian  of  a  student  be informed
 
SB1168  Engrossed           -2-                LRB9106162NTcd
 1    whenever physical restraints are used.

 2        (105 ILCS 5/34-18.18 new)
 3        Sec. 34-18.18.  Behavior intervention.  Pending  adoption
 4    of  rules under Section 2-3.126 of this Code, the Board shall
 5    prohibit the use of adversive forms of behavior interventions
 6    that are contrary to current guidelines of the State Board of
 7    Education, including any locked  room,  any  confining  space
 8    such as a closet or box, or any room where the student cannot
 9    be   continually   observed   that  is  contrary  to  current
10    guidelines of the State Board of Education.  The board  shall
11    prohibit  the  use  of  physical  restraints  except when the
12    student poses an immediate, serious physical risk to himself,
13    herself, or others, there is no medical counterindication  to
14    its  use,  and  the  staff  applying  the restraint have been
15    trained in its safe application.   In  these  instances,  the
16    Board   shall  require  the  school  to  fully  document  the
17    incident, including the events leading up  to  the  incident,
18    the  type  of  restraint used and the length of time, and the
19    staff involved.  The Board shall require that the parents  or
20    guardian   of   a   student  be  informed  whenever  physical
21    restraints are used.

22        Section 99.  Effective date.  This Act takes effect  upon
23    becoming law.

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