Illinois Compiled Statutes 105 ILCS 5 School Code. Section 34-18.20

    (105 ILCS 5/34-18.20)

    Sec. 34-18.20. Time out and physical restraint. Until rules are adopted under Section 2-3.130 of this Code, the use of any of the following rooms or enclosures for time out purposes is prohibited:

        (1) a locked room other than one with a locking

    mechanism that engages only when a key or handle is being held by a person;

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

        (3) a room where the student cannot be continually

    observed; or

        (4) any other room or enclosure or time out procedure

    that is contrary to current guidelines of the State Board of Education.

    The use of physical restraints is prohibited except when (i) the student poses a physical risk to himself, herself, or others, (ii) there is no medical contraindication to its use, and (iii) the staff applying the restraint have been trained in its safe application. For the purposes of this Section, "restraint" does not include momentary periods of physical restriction by direct person-to-person contact, without the aid of material or mechanical devices, accomplished with limited force and that are designed (i) to prevent a student from completing an act that would result in potential physical harm to himself, herself, or another or damage to property or (ii) to remove a disruptive student who is unwilling to voluntarily leave the area. The use of physical restraints that meet the requirements of this Section may be included in a student's individualized education plan where deemed appropriate by the student's individualized education plan team. Whenever physical restraints are used, school personnel shall fully document the incident, including the events leading up to the incident, the type of restraint used, the length of time the student is restrained, and the staff involved. The parents or guardian of a student shall be informed whenever physical restraints are used.

(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)

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Last modified: February 18, 2015