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Restraint/seclusion bill passage called a “huge win for students”

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* Jennifer Smith Richards at the Chicago Tribune and Jodi S. Cohen at ProPublica

Illinois lawmakers took sweeping action Sunday to limit the use of seclusion and restraint in schools, following through on promises made after a 2019 ProPublica-Chicago Tribune investigation revealed that school workers had regularly misused the practices to punish students.

The House voted unanimously to pass legislation barring school workers from locking children alone in seclusion spaces and limiting the use of any type of isolated timeout or physical restraint to when there’s “imminent danger of physical harm.” The legislation requires schools that receive state funding to make a plan to reduce — and eventually eliminate — the practices over the next three years. Schools that develop plans more quickly can receive priority for new grant funding for staff training.

A main feature of the legislation — and the element that proved most contentious among lawmakers over the past 18 months — is an immediate ban on schools’ use of prone, or face-down, restraint for most students. Restraining a student that way would be permitted only for children whose special-education plans specifically allow it as an emergency measure and only until the end of the 2021-22 school year, granting schools more time to phase out the practice than some legislators and advocates sought.

* ACLU of Illinois…

The passage of House Bill 219 is a huge win for students across the State of Illinois. The measure was advanced after media reports indicated that schools regularly used restraint and seclusion practices. More alarming, these harmful practices were used most often against youth of color and youth with disabilities.

It is worth noting the cruelty of some of these practices. Many of the prone restraints authorized by schools were tantamount to the use of deadly force. And we know the devastating psychological impact on students from being secluded. These practices simply cannot be permitted in our schools, and this bill makes that clear. Thanks to passage of this measure, Illinois joins the majority of states across the country in banning these cruel, unnecessary measures.

We thank Senator Gillespie and Representative Carroll for their leadership and commitment to seeing this wrong righted.

We look forward to seeing this measure signed into law by the Governor, and to the future benefit that will flow to students all across our state.

* Sen. Ann Gillespie

“This legislation protects all students, particularly the most vulnerable, from these harmful practices,” Gillespie said. “I am grateful to all our partners that put in years-long work to keep students safe.”

Current law allows school staff to isolate a student if they pose a danger to themselves or others. However, a Chicago Tribune and ProPublica Illinois investigation revealed that isolation rooms are often used as a punishment for refusing to do classwork, swearing and other behavior that does not pose a threat to safety.

Senator Gillespie’s measure would prohibit a school employee or contractor from secluding children as disciplinary action and limits the use of restraint only to instances allowed by the Illinois State Board of Education. The legislation also establishes priority access to grant funding for schools that reduce or eliminate the use of prone restraint and isolated time out in less than three years.

* Rep. Carroll…

After reading the media stories and reliving the horrors of these practices from when I was a child, we’re now the Governor’s signature away from ending these horrible practices. This took 18 months, but everyone who was a part of this process should be very proud.

posted by Rich Miller
Sunday, May 30, 21 @ 2:21 pm

Comments

  1. Thanks for shining a strong light on this cruel practice, Rich.

    It’s a good day for Illinois.

    Comment by Dotnonymous Sunday, May 30, 21 @ 3:20 pm

  2. It’s nice to see good laws being voted on.

    Comment by Nick Sunday, May 30, 21 @ 3:37 pm

  3. This is an important bill, glad to see it passed.

    Comment by Oswego Willy Sunday, May 30, 21 @ 11:32 pm

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