105 ILCS 5/14-8.05
2021 Illinois Compiled Statutes|Chapter 105 - SCHOOLS|105 ILCS 5/ - School Code.|Article 14 - Children With Disabilities

 (from Ch. 122, par. 14-8.05)Sec. 14-8.05.     Behavioral intervention.(a) The General Assembly finds and declares that principals and teachers  of students with disabilities require training and guidance that provide  ways for working successfully with children who have difficulties  conforming to acceptable behavioral patterns in order to provide an  environment in which learning can occur.  It is the intent of the General  Assembly:(1) That when behavioral interventions are used, they     be used in consideration of the pupil's physical freedom and social interaction, and be administered in a manner that respects human dignity and personal privacy and that ensures a pupil's right to placement in the least restrictive educational environment.(2) That behavioral management plans be developed and     used, to the extent possible, in a consistent manner when a local educational agency has placed the pupil in a day or residential setting for education purposes.(3) That a statewide study be conducted of the use of     behavioral interventions with students with disabilities receiving special education and related services.(4) That training programs be developed and     implemented in institutions of higher education that train teachers, and that in-service training programs be made available as necessary in school districts, in educational service centers, and by regional superintendents of schools to assure that adequately trained staff are available to work effectively with the behavioral intervention needs of students with disabilities.(b) On or before September 30, 1993, the State Superintendent of Education  shall conduct a statewide study of the use of behavioral interventions with  students with disabilities receiving special education and related  services.  The study shall include, but not necessarily be limited to  identification of the frequency in the use of behavioral interventions; the  number of districts with policies in place for working with children  exhibiting continuous serious behavioral problems; how policies, rules, or  regulations within districts differ between emergency and routine  behavioral interventions commonly practiced; the nature and extent of costs  for training provided to personnel for implementing a program of  nonaversive behavioral interventions; and the nature and extent of costs  for training provided to parents of students with disabilities who would  be receiving behavioral interventions.  The scope of the study shall be  developed by the State Board of Education, in consultation with individuals and  groups representing parents, teachers, administrators, and advocates.  On or  before June 30, 1994, the State Board of Education shall issue guidelines based  on the study's findings.  The guidelines shall address, but not be limited to,  the following:  (i) appropriate behavioral interventions, and (ii) how to  properly document the need for and use of behavioral interventions in the  process of developing individualized education plans for students with  disabilities.  The guidelines shall be used as a reference to assist school  boards in developing local policies and procedures in accordance with this  Section.  The State Board of Education, with the advice of parents of students  with disabilities and other parents, teachers, administrators, advocates for  persons with disabilities, and individuals with knowledge or expertise in the  development and implementation of behavioral interventions for persons with  disabilities, shall review its behavioral intervention guidelines at least once  every 3 years to determine their continuing appropriateness and effectiveness  and shall make such modifications in the guidelines as it deems necessary.(c) Each school board must establish and maintain a committee to develop  policies and procedures on the use of behavioral interventions for students  with disabilities who require behavioral intervention.  The policies and  procedures shall be adopted and implemented by school boards by January 1,  1996, shall be amended as necessary to comply with the rules established by  the State Board of Education under Section 2-3.130 of this Code  not later than one month after commencement of the school year after the State  Board of Education's rules are adopted,  and shall: (i) be developed with the advice of parents with students  with disabilities and other parents, teachers, administrators, advocates for  persons with disabilities, and individuals with knowledge or expertise in the  development and implementation of behavioral interventions for persons with  disabilities; (ii) emphasize positive interventions that are designed to  develop and strengthen desirable behaviors; (iii) incorporate procedures and  methods consistent with generally accepted practice in the field of behavioral  intervention; (iv) include criteria for determining when a student with  disabilities may require a behavioral intervention plan; (v) reflect that the  guidelines of the State Board of Education have been reviewed and considered  and provide the address of the State Board of Education so that copies of the  State Board of Education behavioral guidelines may be requested; and (vi)  include procedures for monitoring the use of restrictive behavioral  interventions.  Each school board shall (i) furnish a copy of its local  policies and procedures to parents and guardians of all students with  individualized education plans within 15 days after the policies and procedures  have been adopted by the school board, or within 15 days after the school board  has amended its policies and procedures, or at the time an individualized  education plan is first implemented for the student, and (ii) require that each  school inform its students of the existence of the policies and procedures  annually.  Provided, at the annual individualized education plan review, the  school board shall (1) explain the local policies and procedures, (2) furnish a  copy of the local policies to parents and guardians, and (3) make available,  upon request of any parents and guardians, a copy of local procedures.(d) The State Superintendent of Education shall consult with representatives  of institutions of higher education and the State Teacher Certification Board  in regard to the current training requirements for teachers to ensure that  sufficient training is available in appropriate behavioral interventions  consistent with professionally accepted practices and standards for people  entering the field of education.    (Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)