As the 2022-2023 school year draws to a close, the deadline to submit Physical Restraint, Time Out and Isolated Time Out (RTO) Plans for the 2023-2024 school year, as well as progress reports for the 2022-2023 school year, is fast approaching. The District’s oversight team, which must include teachers, paraprofessionals, school service personnel, and administrators, should use the updated directions, checklist, and 2023-2024 templates released by ISBE when developing their school-specific RTO Plan for reducing the use of restraint, time out, and isolated time out and procedures to implement the Plan. The updated template includes a new section that streamlines the submission of progress reports and RTO Plans by combining the progress reports for the 2022-2023 school year and the 2023-2024 RTO Plan into a single document. As a reminder, the 2022-2023 progress report and 2023-2024 RTO Plan need to be submitted to ISBE at rtoreductionplan@isbe.net by July 1, 2023.

Continue Reading Important Upcoming Restraint, Time Out, and Isolated Time Out Deadlines

Public Act 102-0339 requires each school district’s time out and physical restraint oversight team to develop a plan for reducing and eventually eliminating the use of isolated time out, time out, and physical restraint in accordance with ISBE goals and benchmarks. Last week, ISBE announced the deadline for submitting such plans is July 1, 2022, with yearly progress reports to be submitted by July 1 of each year thereafter. To assist districts in creating their plans, ISBE also released a template and checklist that addresses required components of the plan and aligns with the ISBE goals and benchmarks. Districts need to notify parents that the plan and annual progress reports are available for review. 

Continue Reading ISBE Releases Isolated Time Out, Time Out, and Physical Restraint Reduction Plan Template and Due Date

Over the summer, we reported on the passage of Public Act 102-0339, which aims to reduce and the use of time out, isolated time out, and physical restraint (referred to herein as “restrictive interventions”) in schools. In part, the new law requires ISBE to promulgate updated rules for the use of restrictive interventions, including documentation and reporting requirements, training requirements, and a procedure to file a complaint alleging a violation of the law related to the use of restrictive interventions. In addition, the new law requires ISBE to establish goals and benchmarks for schools to reduce the use of restrictive interventions within three years. Now, ISBE has released its goals and benchmarks, as well as new rules, which are currently pending approval. 

Continue Reading ISBE Releases New Rules and Goals & Benchmarks Regarding Use of Isolated Time Out, Time Out, and Physical Restraint

On May 30, 2021, the Illinois legislature passed HB219which will further restrict the use of time out and physical restraint in Illinois schools. The legislation will take effect upon signature by Governor Pritzker. You may recall that similar bills have been introduced over the last several sessions, and the current bill is very similar to the version we previously highlighted for you. The legislature took action at the close of this session and just days following the publication of another Pro Publica article showing continued reliance on time out and physical restraint, despite reduced in-person instruction this year. The main components of the bill include (1) additional oversight from ISBE; (2) district level plans to reduce the use of isolated time out, time out, and physical restraint; (3) codification of definitions and rules in the current regulations (with a few modifications); and (4) the opportunity for parents to request a post-incident meeting to debrief.  

Continue Reading Illinois Legislature Passes Bill Further Restricting Time Out and Physical Restraint

Prior to winter break, we wrote about proposed legislation that would further limit the use of physical restraint and time out in Illinois schools. While many expected the bill to pass during the lame duck session earlier this month, it failed to do so. Some opposition continues, but we do expect the bill to be taken up again in the spring.

In the meantime, we’ll be sharing a checklist of the current requirements for policies, procedures, and training in the IAASE blog next week. The final regulations issued last spring remain in effect and do make significant changes to the prior regulations. While multiple revisions to policies and procedures is a pain, keeping your team up to date and in compliance is essential, especially to the extent you have students learning in-person.

Please reach out with any questions.

Over the past year, the use of physical restraint and seclusion in schools has come under increased scrutiny. While ISBE issued emergency rules at the end of last November, followed by a series of updates and then final rules in April 2020, state and federal legislators have also been working on proposed laws that would both limit the use of physical restraint and seclusion and require plans to decrease the use of these techniques over time.

The Illinois legislation, Senate Bill 2315, was introduced last November. After input from stakeholders and various revisions, the bill appeared ready to move during veto session. As veto session was canceled, we may see a vote on the bill during the lame duck session in January. On the federal side, the Keeping All Students Safe Act was first introduced in 2009 (at that time called the Preventing Harmful Restraint and Seclusion in Schools Act). The bill has been reintroduced in the years since but never had sufficient support to pass. The bill was recently reintroduced in the House, and President-Elect Biden has voiced his support of the legislation.

Given the increasing possibility that one or both of these bills could become law, now is good time to learn more about their details. Here are the highlights:

Illinois

Federal

  • Prohibit prone restraint
  • Require schools to offer a meeting to parents after each incident of restraint or time out
  • Require districts to create oversight teams to develop school-specific plans to reduce and eventually eliminate the use of physical restraint and time out, as well as annual reporting on progress
  • Subject to appropriation, provide grants for schools to implement positive behavioral interventions and supports aimed at reducing the need for physical restraint and time out
 

  • Prohibit prone and supine restraint and seclusion
  • Limit on the use of physical restraint and prohibit including it as a planned intervention in a student’s IEP or BIP
  • Require a meeting with parents and staff after an incident of restraint
  • Provide for a State-approved crisis intervention training program, as well as state mechanisms to effectively monitor and enforce compliance
  • Provide for a private right of action
  • Provide for grants to states to assist with complying with the new legislation, collecting and analyzing data, and improving school climate and culture

Continue Reading Proposed State and Federal Legislation Would Further Reduce Physical Restraint and Time Out in Schools

Schools planning for students to return to campus in person this fall are confronting many significant challenges, including how to support students who may need physical restraint while also maintaining safe practices to minimize the risk of Coronavirus transmission. Schools and IEP teams should start planning to address this issue, such as considering whether additional PPE is needed, whether alternative behavior strategies and interventions could be effective, and whether other changes to the student’s  IEP, including placement, may be warranted to safely provide the student an appropriate education.

Additionally, staff need training to understand and comply with the new physical restraint and time out rules issued this spring. While some of the required training can be done remotely, training related to physical restraint must be done in person. ISBE advised in its recently updated Guidance and FAQ document that the required eight hours of annual training for the 2020-2021 school year must be completed by December 31, 2020.

Continue Reading Key Elements of ISBE’s Permanent Rules on Isolated Time Out, Time Out, and Physical Restraint

Last fall, in response to serious concerns raised about the use of isolated time out and physical restraint in schools, ISBE issued emergency rules to limit the use of those behavior management techniques. Emergency rules are effective for up to 150 days or until permanent rules are approved, and these emergency rules were due to expire on April 17, 2020.  On April 9, ISBE and JCAR (the bipartisan legislative oversight committee responsible for reviewing and approving agency rulemaking) passed permanent rules regarding isolated time out, time out, and physical restraint. The new rules allow the use of isolated time out as well as prone and supine restraint in limited circumstances, but the provisions related to prone and supine restraint terminate on July 1, 2021.   

Continue Reading ISBE Adopts Permanent Rules on Isolated Time Out, Time Out, and Physical Restraint

Last week, ISBE reversed course on isolated time out. After initially banning the practice in late November 2019, ISBE heard from many stakeholders that having a staff member in a time out room with an escalated student was often unsafe. The recent amendment to the emergency rules seeks to limit and regulate the use of isolated time out rather than prohibit it altogether. Accordingly, ISBE updated its Guidance and Frequently Asked Questions and reporting form to reflect the new development. Continue Reading Isolated Time Out is Back (for now): ISBE Issues Revised Guidance and Reporting Form After Second Amendment to Emergency Rules on Time Out and Physical Restraint

On February 18, 2020, ISBE approved revised proposed rules related to the use of physical restraint and time out in schools. The revised proposed rules follow ISBE’s receipt and review of over three hundred comments on the initial proposed rules and include several significant changes, most notably permitting isolated time out in specific circumstances. The revised proposed rules next go to JCAR for Second Notice and will be considered at an upcoming JCAR meeting. If JCAR has no objection to the revised proposed rules, ISBE can proceed to adopt them. According to a report, ISBE also filed the revised proposed rules as new emergency rules to make them effective immediately. On February 25, 2020, ISBE posted new emergency rules, effective immediately, that are different from the revised proposed permanent rules (read more here).

Continue Reading ISBE Approves Revised Proposed Rules on Physical Restraint and Time Out