Bill Text: IL SB0458 | 2023-2024 | 103rd General Assembly | Engrossed


Bill Title: Amends the School Code. Removes a requirement that school districts, special education nonpublic schools, and specified special education cooperatives accomplish, as part of the State Board of Education's goals, the systemic reduction of isolated time out, time out, and physical restraint within 3 years after August 13, 2021 (the effective date of Public Act 102-339). Requires school districts, special education nonpublic schools, and specified special education cooperatives to submit a report once each year until August 1, 2027 (rather than for 3 years after August 13, 2021 (the effective date of Public Act 102-339)) to the State Board on the progress made toward achieving the goals and benchmarks established by the State Board concerning the use of isolated time out, time out, and physical restraint. Provides that, on or before June 30, 2026 (rather than June 30, 2023), the State Board shall issue a report to the General Assembly on the progress made by school districts, special education nonpublic schools, and specified special education cooperatives to achieve those goals and benchmarks.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-05-31 - Rule 19(a) / Re-referred to Rules Committee [SB0458 Detail]

Download: Illinois-2023-SB0458-Engrossed.html

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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The School Code is amended by changing Section
52-3.130 as follows:
6 (105 ILCS 5/2-3.130)
7 Sec. 2-3.130. Isolated time out, time out, and physical
8restraint rules; grant program; third-party assistance; goals
9and plans.
10 (a) For purposes of this Section, "isolated time out",
11"physical restraint", and "time out" have the meanings given
12to those terms under Section 10-20.33.
13 (b) The State Board of Education shall promulgate rules
14governing the use of isolated time out, time out, and physical
15restraint in special education nonpublic facilities and the
16public schools. The rules shall include provisions governing
17the documentation and reporting that is required each time
18these interventions are used.
19 The rules adopted by the State Board shall include a
20procedure by which a person who believes a violation of
21Section 10-20.33 or 34-18.20 has occurred may file a
22complaint. The rules adopted by the State Board shall include
23training requirements that must be included in training

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1programs used to train and certify school personnel.
2 The State Board shall establish procedures for progressive
3enforcement actions to ensure that schools fully comply with
4the documentation and reporting requirements for isolated time
5out, time out, and physical restraint established by rule,
6which shall include meaningful and appropriate sanctions for
7the failure to comply, including the failure to report to the
8parent or guardian and to the State Board, the failure to
9timely report, and the failure to provide detailed
10documentation.
11 (c) Subject to appropriation, the State Board shall, by
12adoption of emergency rules under subsection (rr) of Section
135-45 of the Illinois Administrative Procedure Act if it so
14chooses, create a grant program for school districts, special
15education nonpublic facilities approved under Section 14-7.02
16of this Code, and special education cooperatives to implement
17school-wide, culturally sensitive, and trauma-informed
18practices, positive behavioral interventions and supports, and
19restorative practices within a multi-tiered system of support
20aimed at reducing the need for interventions, such as isolated
21time out, time out, and physical restraint. The State Board
22shall give priority in grant funding to those school
23districts, special education nonpublic facilities approved
24under Section 14-7.02 of this Code, and special education
25cooperatives that submit a plan to achieve a significant
26reduction or elimination in the use of isolated time out and

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1physical restraint in less than 3 years.
2 (d) Subject to the Illinois Procurement Code, the Illinois
3School Student Records Act, the Mental Health and
4Developmental Disabilities Confidentiality Act, and the
5federal Family Educational Rights and Privacy Act of 1974, the
6State Board may contract with a third party to provide
7assistance with the oversight and monitoring of the use of
8isolated time out, time out, and physical restraint by school
9districts.
10 (e) For the purpose of this subsection and subsection (f),
11"entity" means a school district, a special education
12nonpublic school approved under Section 14-7.02 of this Code
13and located in this State, or a special education cooperative
14to the extent the cooperative operates separate schools or
15programs within schools.
16 The State Board shall establish goals within 90 days after
17August 13, 2021 (the effective date of Public Act 102-339)
18this amendatory Act of the 102nd General Assembly, with
19specific benchmarks, for entities to accomplish the systemic
20reduction of isolated time out, time out, and physical
21restraint within 3 years after the effective date of this
22amendatory Act of the 102nd General Assembly. The State Board
23shall engage in meaningful consultation with stakeholders to
24establish the goals, including in the review and evaluation of
25the data submitted. The State Board shall also consult
26stakeholders in efforts to develop strategies to measure and

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1reduce racial and ethnic disparities in the use of isolated
2time out, time out, and physical restraint. Each entity shall
3create a time out and physical restraint oversight team that
4includes, but is not limited to, teachers, paraprofessionals,
5school service personnel, and administrators to develop (i) an
6entity-specific plan for reducing and eventually eliminating
7the use of isolated time out, time out, and physical restraint
8in accordance with the goals and benchmarks established by the
9State Board and (ii) procedures to implement the plan
10developed by the team.
11 The progress toward the reduction and eventual elimination
12of the use of isolated time out and physical restraint shall be
13measured by the reduction in the overall number of incidents
14of those interventions and the total number of students
15subjected to those interventions. In limited cases, upon
16written application made by an entity and approved by the
17State Board based on criteria developed by the State Board to
18show good cause, the reduction in the use of those
19interventions may be measured by the frequency of the use of
20those interventions on individual students and the student
21population as a whole. The State Board shall specify a date for
22submission of the plans. Entities shall submit a report once
23each year until August 1, 2027 for 3 years after the effective
24date of this amendatory Act of the 102nd General Assembly to
25the State Board on the progress made toward achieving the
26goals and benchmarks established by the State Board and modify

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1their plans as necessary to satisfy those goals and
2benchmarks. Entities shall notify parents and guardians that
3the plans and reports are available for review. On or before
4June 30, 2026 2023, the State Board shall issue a report to the
5General Assembly on the progress made by entities to achieve
6those goals and benchmarks. The required plans shall include,
7but not be limited to, the specific actions that are to be
8taken to:
9 (1) reduce and eventually eliminate a reliance on
10 isolated time out, time out, and physical restraint for
11 behavioral interventions and develop noncoercive
12 environments;
13 (2) develop individualized student plans that are
14 oriented toward prevention of the use of isolated time
15 out, time out, and physical restraint with the intent that
16 a plan be separate and apart from a student's
17 individualized education program or a student's plan for
18 services under Section 504 of the federal Rehabilitation
19 Act of 1973;
20 (3) ensure that appropriate personnel are fully
21 informed of the student's history, including any history
22 of physical or sexual abuse, and other relevant medical
23 and mental health information, except that any disclosure
24 of student information must be consistent with federal and
25 State laws and rules governing student confidentiality and
26 privacy rights; and

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1 (4) support a vision for cultural change that
2 reinforces the following:
3 (A) positive behavioral interventions and support
4 rather than isolated time out, time out, and physical
5 restraint;
6 (B) effective ways to de-escalate situations to
7 avoid isolated time out, time out, and physical
8 restraint;
9 (C) crisis intervention techniques that use
10 alternatives to isolated time out, time out, and
11 physical restraint; and
12 (D) use of debriefing meetings to reassess what
13 occurred and why it occurred and to think through ways
14 to prevent use of the intervention the next time.
15 (f) An entity, as defined in subsection (e), is exempt
16from the requirement to submit a plan and the annual reports
17under subsection (e) if the entity is able to demonstrate to
18the satisfaction of the State Board that (i) within the
19previous 3 years, the entity has never engaged in the use of
20isolated time out, time out, or physical restraint and (ii)
21the entity has adopted a written policy that prohibits the use
22isolated time out, time out, and physical restraint on a
23student and is able to demonstrate the enforcement of that
24policy.
25 (g) The State Board shall establish a system of ongoing
26review, auditing, and monitoring to ensure that entities

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