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
ISBE Releases New Rules and Goals & Benchmarks Regarding Use of Isolated Time Out, Time Out, and Physical Restraint
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.
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Key Elements of ISBE’s Permanent Rules on Isolated Time Out, Time Out, and Physical Restraint
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.
Secretary DeVos Rejects Extensive Waivers to Special Education Requirements, Leaving Core of IDEA Intact
Since the beginning of the COVID-19 pandemic, no formal flexibility has been granted to schools to deviate from State and federal special education requirements. However, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) gave the U.S. Secretary of Education Betsy DeVos the power to appeal to Congress if she believes that waivers should be made to provide flexibility regarding the Individuals with Disabilities Education Act (IDEA). Earlier this week, Secretary DeVos made her recommendations to Congress, declining to seek significant flexibility for IDEA provisions. Secretary DeVos only requested limited waivers related to pre-k evaluations.
Continue Reading Secretary DeVos Rejects Extensive Waivers to Special Education Requirements, Leaving Core of IDEA Intact
ISBE Issues FAQ Regarding Special Education During Remote Learning
In a previous post, we forecasted further guidance from ISBE and the U.S. Department of Education to provide additional clarity for schools in regard to how to best serve students with disabilities during school closures as a result of the COVID-19 pandemic. Earlier this week, ISBE posted an updated FAQ regarding providing special education during remote learning as Illinois schools remain closed for the remainder of the 2019-2020 school year. The 17-page document reviews current requirements, repeating that federal and State law requirements related to students with disabilities are still in effect despite the suspension of in-person instruction. The FAQ tracks closely with federal guidance. And while ISBE provides some guidance regarding how Districts should offer remote services, many issues are left to schools and their counsel to navigate.
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ISBE Adopts 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.
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In the Nick of Time—Special Education Timelines During School Closures for COVID-19
In the wake of Governor Pritzker’s recent order requiring all Illinois schools to close between March 17 and March 30, many schools and school districts have been left guessing how to best serve students with disabilities and comply with IDEA timelines during the closure. While forthcoming guidance from ISBE and the U.S. Department of Education may provide additional flexibility and clarity, for now we can share the following update to ease your mind a bit. In summary, schools can safely consider that all special education deadlines calculated using “school days,” including evaluations, are postponed. Guidance is limited with respect to other timelines and so we recommend that you contact legal counsel to address how your school district will proceed with those calculations.
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Key Takeaways From ISBE’s Guidance and FAQ on Time Out and Physical Restraint Emergency Rules
After receiving and reviewing questions and concerns from stakeholders regarding the practical implications of its emergency rules on the use of time out and physical restraint, the Illinois State Board of Education (“ISBE”) released a Guidance and FAQ document aimed at providing clarification. The Guidance, which ISBE issued in collaboration with the Illinois Counsel of School Attorneys (“ICSA”), explains what does and does not constitute a time out—one of the issues that has caused the most confusion. The Guidance also provides other needed definitions and answers various practical questions related to alternative behavioral supports and the application of time out and physical restraint. Because the Guidance document is extensive, we have highlighted some of the more important and nuanced questions that may be of interest to your school or district below.
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What Do ISBE’s Proposed Permanent Rules on Time Out and Physical Restraint Mean for Your School?
Within the last few weeks, there have been significant changes to the Illinois State Board of Education (“ISBE”) rules regarding time out and physical restraint. First, ISBE issued emergency rules, then it issued amendments to the emergency rules, and finally, on December 9, 2019, ISBE published proposed permanent rules on the use of time out and physical restraint. We have heard and raised numerous questions and concerns regarding the practical implications of the emergency rules in the classroom. ISBE’s proposed permanent rules provide some additional clarity. But the work to overhaul policies and procedures and train staff on the rules is significant. To help with that work, the following chart sets forth the key differences between the amended emergency rules and the proposed permanent rules. We also flag several new provisions in the proposed rules to assist you in understanding and preparing for the likely upcoming changes.
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Fighting Friendly Fire in Your IEP: Avoiding Internal Challenges to IDEA Compliance
On October 17, 2019, Franczek P.C. Special Education team members Dana Fattore Crumley and Emily Tulloch presented at the IAASE 2019 Fall Conference on Fighting Friendly Fire in your IEP: Avoiding Internal Challenges to IDEA Compliance. This session provided an overview of common internal challenges that can sabotage IEP compliance. For a summary of