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| [ Senate Amendment 001 ] |
91_SB1168ham001
LRB9106162NTsbam03
1 AMENDMENT TO SENATE BILL 1168
2 AMENDMENT NO. . Amend Senate Bill 1168 by replacing
3 the title with the following:
4 "AN ACT to amend the School Code by adding Sections
5 2-3.126, 10-20.31, and 34-18.18 and changing Section
6 14-8.05."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The School Code is amended by adding
10 Sections 2-3.126, 10-20.31, and 34-18.18 and changing Section
11 14-8.05 as follows:
12 (105 ILCS 5/2-3.126 new)
13 Sec. 2-3.126. Time out and physical restraint rules. The
14 State Board of Education shall promulgate rules governing the
15 use of time out and physical restraint in the public schools.
16 The rules shall include provisions governing recordkeeping
17 that is required when physical restraint or more restrictive
18 forms of time out are used.
19 (105 ILCS 5/10-20.31 new)
20 Sec. 10-20.31. Time out and physical restraint. Until
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1 rules are adopted under Section 2-3.126 of this Code, the use
2 of any of the following rooms or enclosures for time out
3 purposes is prohibited:
4 (1) a locked room other than one with a locking
5 mechanism that engages only when a key or handle is being
6 held by a person;
7 (2) a confining space such as a closet or box;
8 (3) a room where the student cannot be continually
9 observed; or
10 (4) any other room or enclosure or time out
11 procedure that is contrary to current guidelines of the
12 State Board of Education.
13 The use of physical restraints is prohibited except when
14 (i) the student poses a physical risk to himself, herself, or
15 others, (ii) there is no medical contraindication to its use,
16 and (iii) the staff applying the restraint have been trained
17 in its safe application. For the purposes of this Section,
18 "restraint" does not include momentary periods of physical
19 restriction by direct person-to-person contact, without the
20 aid of material or mechanical devices, accomplished with
21 limited force and that are designed (i) to prevent a student
22 from completing an act that would result in potential
23 physical harm to himself, herself, or another or damage to
24 property or (ii) to remove a disruptive student who is
25 unwilling to voluntarily leave the area. The use of physical
26 restraints that meet the requirements of this Section may be
27 included in a student's individualized education plan where
28 deemed appropriate by the student's individualized education
29 plan team. Whenever physical restraints are used, school
30 personnel shall fully document the incident, including the
31 events leading up to the incident, the type of restraint
32 used, the length of time the student is restrained, and the
33 staff involved. The parents or guardian of a student shall
34 be informed whenever physical restraints are used.
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1 (105 ILCS 5/14-8.05) (from Ch. 122, par. 14-8.05)
2 Sec. 14-8.05. Behavioral intervention.
3 (a) The General Assembly finds and declares that
4 principals and teachers of students with disabilities require
5 training and guidance that provide ways for working
6 successfully with children who have difficulties conforming
7 to acceptable behavioral patterns in order to provide an
8 environment in which learning can occur. It is the intent of
9 the General Assembly:
10 (1) That when behavioral interventions are used,
11 they be used in consideration of the pupil's physical
12 freedom and social interaction, and be administered in a
13 manner that respects human dignity and personal privacy
14 and that ensures a pupil's right to placement in the
15 least restrictive educational environment.
16 (2) That behavioral management plans be developed
17 and used, to the extent possible, in a consistent manner
18 when a local educational agency has placed the pupil in a
19 day or residential setting for education purposes.
20 (3) That a statewide study be conducted of the use
21 of behavioral interventions with students with
22 disabilities receiving special education and related
23 services.
24 (4) That training programs be developed and
25 implemented in institutions of higher education that
26 train teachers, and that in-service training programs be
27 made available as necessary in school districts, in
28 educational service centers, and by regional
29 superintendents of schools to assure that adequately
30 trained staff are available to work effectively with the
31 behavioral intervention needs of students with
32 disabilities.
33 (b) On or before September 30, 1993, the State
34 Superintendent of Education shall conduct a statewide study
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1 of the use of behavioral interventions with students with
2 disabilities receiving special education and related
3 services. The study shall include, but not necessarily be
4 limited to identification of the frequency in the use of
5 behavioral interventions; the number of districts with
6 policies in place for working with children exhibiting
7 continuous serious behavioral problems; how policies, rules,
8 or regulations within districts differ between emergency and
9 routine behavioral interventions commonly practiced; the
10 nature and extent of costs for training provided to personnel
11 for implementing a program of nonaversive behavioral
12 interventions; and the nature and extent of costs for
13 training provided to parents of students with disabilities
14 who would be receiving behavioral interventions. The scope
15 of the study shall be developed by the State Board of
16 Education, in consultation with individuals and groups
17 representing parents, teachers, administrators, and
18 advocates. On or before June 30, 1994, the State Board of
19 Education shall issue guidelines based on the study's
20 findings. The guidelines shall address, but not be limited
21 to, the following: (i) appropriate behavioral interventions,
22 and (ii) how to properly document the need for and use of
23 behavioral interventions in the process of developing
24 individualized education plans for students with
25 disabilities. The guidelines shall be used as a reference to
26 assist school boards in developing local policies and
27 procedures in accordance with this Section. The State Board
28 of Education, with the advice of parents of students with
29 disabilities and other parents, teachers, administrators,
30 advocates for persons with disabilities, and individuals with
31 knowledge or expertise in the development and implementation
32 of behavioral interventions for persons with disabilities,
33 shall review its behavioral intervention guidelines at least
34 once every 3 years to determine their continuing
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1 appropriateness and effectiveness and shall make such
2 modifications in the guidelines as it deems necessary.
3 (c) Each school board must establish and maintain a
4 committee to develop policies and procedures on the use of
5 behavioral interventions for students with disabilities who
6 require behavioral intervention. The policies and procedures
7 shall be adopted and implemented by school boards by January
8 1, 1996, shall be amended as necessary to comply with the
9 rules established by the State Board of Education under
10 Section 2-3.126 of this Code not later than one month after
11 commencement of the school year after the State Board of
12 Education's rules are adopted, and shall: (i) be developed
13 with the advice of parents with students with disabilities
14 and other parents, teachers, administrators, advocates for
15 persons with disabilities, and individuals with knowledge or
16 expertise in the development and implementation of behavioral
17 interventions for persons with disabilities; (ii) emphasize
18 positive interventions that are designed to develop and
19 strengthen desirable behaviors; (iii) incorporate procedures
20 and methods consistent with generally accepted practice in
21 the field of behavioral intervention; (iv) include criteria
22 for determining when a student with disabilities may require
23 a behavioral intervention plan; (v) reflect that the
24 guidelines of the State Board of Education have been reviewed
25 and considered and provide the address of the State Board of
26 Education so that copies of the State Board of Education
27 behavioral guidelines may be requested; and (vi) include
28 procedures for monitoring the use of restrictive behavioral
29 interventions. Each school board shall (i) furnish a copy of
30 its local policies and procedures to parents and guardians of
31 all students with individualized education plans within 15
32 days after the policies and procedures have been adopted by
33 the school board, or within 15 days after the school board
34 has amended its policies and procedures, or at the time an
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1 individualized education plan is first implemented for the
2 student, and (ii) require that each school inform its
3 students of the existence of the policies and procedures
4 annually. Provided, at the annual individualized education
5 plan review, the school board shall (1) explain the local
6 policies and procedures, (2) furnish a copy of the local
7 policies to parents and guardians, and (3) make available,
8 upon request of any parents and guardians, a copy of local
9 procedures.
10 (d) The State Superintendent of Education shall consult
11 with representatives of institutions of higher education and
12 the State Teacher Certification Board in regard to the
13 current training requirements for teachers to ensure that
14 sufficient training is available in appropriate behavioral
15 interventions consistent with professionally accepted
16 practices and standards for people entering the field of
17 education.
18 (Source: P.A. 89-191, eff. 7-21-95; 90-63, eff. 7-3-97.)
19 (105 ILCS 5/34-18.18 new)
20 Sec. 34-18.18. Time out and physical restraint. Until
21 rules are adopted under Section 2-3.126 of this Code, the use
22 of any of the following rooms or enclosures for time out
23 purposes is prohibited:
24 (1) a locked room other than one with a locking
25 mechanism that engages only when a key or handle is being
26 held by a person;
27 (2) a confining space such as a closet or box;
28 (3) a room where the student cannot be continually
29 observed; or
30 (4) any other room or enclosure or time out
31 procedure that is contrary to current guidelines of the
32 State Board of Education.
33 The use of physical restraints is prohibited except when
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1 (i) the student poses a physical risk to himself, herself, or
2 others, (ii) there is no medical contraindication to its use,
3 and (iii) the staff applying the restraint have been trained
4 in its safe application. For the purposes of this Section,
5 "restraint" does not include momentary periods of physical
6 restriction by direct person-to-person contact, without the
7 aid of material or mechanical devices, accomplished with
8 limited force and that are designed (i) to prevent a student
9 from completing an act that would result in potential
10 physical harm to himself, herself, or another or damage to
11 property or (ii) to remove a disruptive student who is
12 unwilling to voluntarily leave the area. The use of physical
13 restraints that meet the requirements of this Section may be
14 included in a student's individualized education plan where
15 deemed appropriate by the student's individualized education
16 plan team. Whenever physical restraints are used, school
17 personnel shall fully document the incident, including the
18 events leading up to the incident, the type of restraint
19 used, the length of time the student is restrained, and the
20 staff involved. The parents or guardian of a student shall
21 be informed whenever physical restraints are used.
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.".