Oppose SB 1943

To file a witness slip against the bill online—see below 

Physical Restraint and Seclusion (Schools call it Time Out and Isolated Time Out) are Inherently Dangerous Practices that May Result in Significant Emotional Trauma and Physical Injury to Students—and Even Death

As revealed by an investigative series done by the Chicago Tribune and ProPublica in 2019-2020, Illinois schools have widely abused and misused these risky interventions. As a result, in 2021 legislation was enacted requiring schools to systemically reduce their use of these practices over a three-year period. Equip for Equality (EFE) has addressed the use of physical restraint and time out in schools for decades. Reducing use of these practices improves student safety and benefits school personnel. EFE worked closely with the sponsors of the legislation in drafting language and advocating for the bill and the Illinois State Board of Education in developing administrative rules governing these practices. A 2023 report issued by the Illinois State Board of Education on schools’ progress in meeting the legislation’s requirements showed that:

• The number of incidents of physical restraint and time out/isolated time out and the number of students subjected to them had increased
• The use of physical restraint and time out/isolated time out disproportionately impacted younger students (grades K-3), students of color students with disabilities
• Students with autism, intellectual disabilities and emotional disabilities experienced physical restraint and time out at a higher rate
• The use of supine restraint (face up on the ground), one of the most dangerous types of physical restraint, increased significantly.

SB 1943 Weakens and/or Eliminates Protections and Rights Afforded Students and Families Under Current Law

• SB 1943 changes the stated goal of the law—to reduce and eventually eliminate the use of physical restraint, time out and isolated time out—to reduce/eliminate only the use of “improper restraints”. What constitutes an “improper restraint” is unclear and undefined. However, due to the inherent risks associated with these practices, even if they are used in accordance with the legal standard, the threat of significant emotional trauma, physical injury and possibly death remains. The goal of the current law—to reduce and eliminate ALL use of these practices—should continue to be the goal.
• The bill adds multiple exceptions to what constitutes physical restraint and time out and removes existing constraints on where and how time out may be used. Many are already covered by the law. Others are vague, grant staff too much discretion or predicated on the subjective standard of staff’s “best judgment”.
• The bill replaces the current rules about investigations of complaints about violations of the rules governing these practices. It changes and, in some cases, removes key provisions of the rules, which weaken the rights of students and families. For example:
• It limits who may file such a complaint. Anyone should be able to file a complaint, including an individual, organization or advocate—which is what the current rules provide
• It removes the option of state-sponsored mediation
• It removes the requirement that the entity that is the subject of the complaint file a response within a specified period of time
• It removes ISBE’s ability to initiate investigations of RTO without receiving a complaint
• It narrows the scope and type of training that staff must receive to use physical restraint, time out and isolated time out and reduces the frequency and length of the training required from 8 hours of training annually to 6 hours of training every 2 years.

SB 1943 DOES NOT IMPROVE STUDENT SAFETY AND DOES NOT FURTHER THE GOAL OF REDUCING THESE HARMFUL PRACTICES 

The bill is scheduled for hearing in the Senate Education Committee TOMORROW at 2:00 p.m. Tell legislators that you are opposed to this bill by submitting an electronic witness slip as an OPPONENT before tomorrow’s hearing. Click here to file a witness slip. It only takes five minutes and you can do it from your computer.

Thank you for your action! If you have any questions, please contact Cheryl Jansen, Public Policy Director, Equip for Equality, at cherylj2@equipforequality.org or 217-303-8543