91st General Assembly
Summary of SB1168
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Senate Sponsors:
BERMAN-PARKER.

House Sponsors:
MCCARTHY-CROTTY-DAVIS,MONIQUE-BOLAND-SILVA

Short description: 
SCH CD-SPEC ED-BEHAVIOR                                                    

Synopsis of Bill as introduced:
        Amends the Children with Disabilities Article of the School  Code      
   to   change   the   caption   to  the  Section  concerning  behavioral      
   intervention.                                                               
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          105 ILCS 5/14-8.05                                                   
          Adds reference to:                                                   
          105 ILCS 5/2-3.126 new                                               
          105 ILCS 5/10-20.31 new                                              
          105 ILCS 5/34-18.18 new                                              
        Deletes everything.  Amends the School Code.  Requires the  State      
   Board  of  Education  to  promulgate  rules  governing  the  forms  of      
   behavioral  interventions  in use at some schools around the State and      
   the serious safety issues that  they  raise.   Provides  that  pending      
   adoption  of  these  rules,  a  school board shall prohibit the use of      
   adversive forms of behavior interventions that are contrary to current      
   State Board of Education guidelines, including any  locked  room,  any      
   confining space such as a closet or box, or any room where the student      
   cannot be continually observed that is contrary to current State Board      
   of  Education guidelines.  Provides that a school board shall prohibit      
   the use of physical  restraints  except  when  the  student  poses  an      
   immediate, serious physical risk to himself, herself, or others, there      
   is no medical counterindication to its use, and the staff applying the      
   restraint  has   been trained in its safe application.  Provides that,      
   in these instances, the school board shall require the school to fully      
   document the incident.  Provides that a  school  board  shall  require      
   that  the  parents  or  guardian  of  a  student  be informed whenever      
   physical restraints are used. Effective immediately.                        
          FISCAL NOTE (State Board of Education)                               
          At the State level, staff time would be necessary to develop         
          and promulgate rules; at the local level, existing policies          
          would need to be examined and modified. Existing staff could         
          be used in both instances.                                           
          STATE MANDATES NOTE (State Board of Education)                       
          Same as SBE fiscal note.                                             
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          105 ILCS 5/14-8.05              from Ch. 122, par. 14-8.05           
        Deletes everything.   Reinserts  the  contents  of  the  bill  as      
   engrossed,  with  changes.  Provides that the State Board of Education      
   shall promulgate rules governing the use  of  time  out  and  physical      
   restraint  in  the  public  schools (instead of governing the forms of      
   behavioral interventions in use at some  schools  around  the  State).      
   Limits  the  definition  of  "restraint".   Allows the use of physical      
   restraints to be included  in  a  student's  individualized  education      
   plan.    Provides   that  the  policies  and  procedures  adopted  and      
   implemented  by  school  boards  concerning  the  use  of   behavioral      
   interventions  for  students  with disabilities who require behavioral      
   intervention shall be amended as necessary to comply  with  the  rules      
   established  by  the  State  Board of Education.  Makes other changes.      
   Effective immediately.                                                      
 
Last action on Bill: PUBLIC ACT.............................. 91-0600

   Last action date: 99-08-14

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   1


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