Ill. Admin. Code tit. 23, § 1.285 - Requirements for the Use of Isolated Time Out, Time Out, and Physical Restraint
Isolated time out, time out, and physical restraint, as defined in this Section, shall be used only when the student's behavior presents an imminent danger of serious physical harm to the student or others, other less restrictive and intrusive measures have been tried and proven ineffective in stopping the imminent danger of serious physical harm, there is no known medical contraindication to its use on the student, and the school staff members or members applying the intervention have been trained in its safe application under this Section. (Section 10-20.33(b) or 34-18.20(b) of the School Code). Isolated time out, time out, or physical restraint shall not be used as discipline or punishment, convenience for staff, retaliation, a substitute for appropriate educational or behavioral support, a routine safety matter, or to prevent property damage in the absence of imminent danger of serious physical harm to the student or others. In addition to any other remedy provided for in State or federal laws, rules, or regulations, a school district or other entity that violates this Section will be subject to the compliance measures outlined in subsection (k).
a) Isolated Time Out or Time Out
1) "Isolated time out" means the involuntary
confinement of a student alone in a time out room or other enclosure outside
the classroom without a supervising adult in the time out room or enclosure.
Isolated time out is allowed only under limited circumstances. If all other
requirements under this Section are met, isolated time out may be used only
when the adult in the time out room or enclosure is in imminent danger of
serious physical harm because the student is unable to cease actively engaging
in extreme physical aggression.
2)
"Time out" means a behavior management technique for the purpose of calming or
de-escalation that involves the involuntary monitored separation of a student
from classmates with an adult trained under subsection (i) for part of the
school day, only for a brief time, in a non-locked setting.
3) "Isolated time out" or "time out" does not
include a student-initiated or student-requested break, a student-initiated or
teacher-initiated sensory break, including a sensory room containing sensory
tools to assist a student to calm and de-escalate, an in-school suspension or
detention, or any other appropriate disciplinary measure, including a student's
brief removal to the hallway or similar environment.
4) Any enclosure used for isolated time out
shall:
A) meet all of the health/life safety
requirements of 23 Ill. Adm. Code 180;
B) have the same ceiling height as the
surrounding room or rooms and be large enough to accommodate not only the
student being placed in isolated time out but also, if applicable, any other
individual who is required to accompany that student under this
Section;
C) be constructed of
materials that cannot be used by students to harm themselves or others, be free
of electrical outlets, exposed wiring, and other objects that could be used by
students to harm themselves or others, and be designed so that students cannot
climb up the walls;
D) be designed
to permit continuous visual monitoring of and communication with the student;
and
E) if fitted with a door, be
fitted with either a steel door or a wooden door of solid-core construction. If
the door includes a viewing panel, the panel shall be unbreakable. The door
shall not be fitted with a locking mechanism or be physically blocked by
furniture or any other inanimate object at any time during the isolated time
out.
5) Any enclosure
used for time out shall:
A) meet all the
health/life safety requirements of 23 Ill. Adm. Code 180;
B) have the same ceiling height as the
surrounding room or rooms and be large enough to accommodate not only the
student being placed in time out but also, if applicable, any other individual
who is required to accompany that student under this Section; and
C) if fitted with a door, be fitted with
either a steel door or a wooden door of solid-core construction. If the door
includes a viewing panel, the panel shall be unbreakable. The door shall not be
locked or be physically blocked by furniture or any other inanimate object at
any time during the time out.
6) For an isolated time out, an adult who is
responsible for supervising the student must remain within two feet of the
enclosure. The supervising staff member must always be able to see, hear, and
communicate with the student. The door shall not be locked or held to block
egress. A student in isolated time out shall not be supervised using cameras,
audio recording, or any other electronic monitoring device.
7) For time out, an adult trained under
subsection (h) who is responsible for supervising the student must remain in
the same room as the student at all times during the time out.
8) The deprivation of necessities needed to
sustain the health of a person is prohibited. A student placed in isolated time
out or time out must have reasonable access to food, water, medication, and
toileting facilities. Except in circumstances in which there is a risk of
self-injury or injury to staff or others, a student in isolated time out or
time out shall not have clothing removed, including, but not limited to, shoes,
shoelaces, boots, or belts.
b) "Physical restraint" or "restraint" means
holding a student or otherwise restricting a student's movements. "Physical
restraint", as permitted pursuant to this Section, includes only the use of
specific, planned techniques. "Physical restraint" or "restraint" does
not include momentary periods of physical restriction by direct person to
person contact, without the aid of material or mechanical devices, that are
accomplished with limited force and that are designed to prevent a student from
completing an act that would result in potential physical harm to the
student or another or damage to property (see Section 10-20.33
or 34-18.20 of the School Code).
c)
In addition to all other requirements under this Section, the use of physical
restraint shall be subject to the following requirements and limitations.
1) Physical restraint must end immediately
when:
A) the threat of imminent danger of
serious physical harm ends; or
B)
the student indicates the inability to breathe or staff supervising the student
recognizes that the student may be in respiratory distress.
2) The staff involved in
physically restraining a student must periodically halt physical restraint
every five minutes or sooner based upon the type of physical management hold
used and the methodology that the staff member trained in subsection (h)
learned in training. If the imminent danger of serious physical harm continues
to exist, staff may continue to use the physical restraint and the continued
use may not be considered a separate instance of physical restraint.
3) A physical restraint shall not impair a
student's ability to breathe or communicate normally, obstruct a student's
airway, or interfere with a student's ability to speak. If physical restraint
is imposed upon a student whose primary mode of communication is sign language
or an augmentative mode, the student shall be permitted to have hands free of
restraint for brief periods unless the supervising adult determines that this
freedom appears likely to result in imminent danger of serious physical harm to
the student or others.
4) 'Prone
physical restraint' means a physical restraint in which a student is held
face-down on the floor or other surface and physical pressure is applied to the
student's body to keep the student in the prone position. Prone physical
restraint is prohibited.
5) "Supine
physical restraint" means a physical restraint in which a student is held face
up on the floor or other surface and physical pressure is applied to the
student's body to keep the student in the supine position. Supine physical
restraint is prohibited unless all of the following criteria are met:
A) Before using a supine physical restraint,
the school district or other entity serving the student shall review and
determine if there are any known medical or psychological limitations that
contraindicate the use of a supine physical restraint.
B) The school district or other entity
serving the student deems the situation an emergency, defined as a situation in
which immediate intervention is needed to protect a student or other individual
from imminent danger of serious physical harm to the student or others and less
restrictive and intrusive interventions have been tried and proven ineffective
in stopping the imminent danger.
C)
Supine physical restraint is used in a manner that does not restrict or impair
a student's ability to breathe or communicate normally, apply pressure to a
student's neck or torso, obstruct a student's airway, or interfere with a
student's primary mode of communication.
D) Supine physical restraint is used only by
personnel who have completed required training under subsection (h).
E) Supine physical restraint is used only if
those interventions are the least restrictive and intrusive interventions to
address the emergency and stop the imminent danger of serious physical harm to
the student or others. During each incident, one school staff person trained in
identifying the signs of distress must be assigned to observe and monitor the
student during the entire incident. That staff person may not be involved in
the physical holding of the student. The number of staff involved in physically
restraining the student may not exceed the number necessary to safely hold the
student. Staff involved in the restraint must use the least amount of force and
the fewest points of contact necessary and must afford the student maximum
freedom of movement while maintaining safety.
F) The supine physical restraint ends
immediately when the threat of imminent danger of serious physical harm ends,
but in no event shall supine physical restraint last longer than 30 minutes. If
after 30 minutes the emergency has not resolved, or if an additional emergency
arises the same school day that meets the standards of this subsection (c), a
school administrator, in consultation with a psychologist, social worker,
nurse, or behavior specialist, may authorize the continuation of the restraint
or an additional supine physical restraint. No restraint may be continued, nor
may additional restraints be applied, unless continuation is authorized by a
school administrator.
G) If the
student is restrained in a supine physical restraint in at least 2 separate
instances within a 30-school day period, the school personnel who initiated,
monitored, and supervised the incidents shall initiate a Restraint Review,
which is a review of the effectiveness of the procedures used. If the personnel
involved in the restraints do not include a psychologist, social worker, nurse,
or behavior specialist, at least one of those staff members shall be included
in the Restraint Review. The State Superintendent may request that the school
district or entity provide documentation from the Restraint Review. The
Restraint Review must include, but is not limited to:
i) conducting or reviewing a functional
behavioral analysis, reviewing data, considering the development of additional
or revised positive behavioral interventions and supports, considering actions
to reduce the use of restrictive procedures, or, if applicable, modifying the
student's individualized educational program, federal Section 504 plan,
behavior intervention plan, or other plan of care, as appropriate;
and
ii) reviewing any known medical
or psychological limitations that contraindicate the use of a restrictive
procedure, considering whether to prohibit that restrictive procedure, and, if
applicable, documenting any prohibitions in the student's individualized
education program, federal Section 504 plan, behavior intervention plan, or
other plan of care.
6) Students shall not be subjected to
physical restraint for using profanity or other verbal displays of disrespect
for themselves or others. A verbal threat shall not be considered as
constituting an imminent risk of serious physical harm unless a student also
demonstrates a means of or intent to immediately carry out the threat that
would result in the imminent risk of serious physical harm.
7) Except as permitted by the administrative
rules of another State agency operating or licensing a facility in which
elementary or secondary educational services are provided (e.g., the Illinois
Department of Corrections, the Illinois Department of Juvenile Justice, or the
Illinois Department of Human Services), mechanical restraint or chemical
restraint, as defined in subsection (c)(11) or (c)(12), shall not be
employed.
8) Medically prescribed
restraint procedures employed for the treatment of a physical disorder or for
the immobilization of a person in connection with a medical or surgical
procedure shall not be used as means of physical restraint for purposes of
maintaining discipline.
9) Any
application of physical restraint shall take into consideration the safety and
security of the student. Physical restraint shall not rely upon pain as an
intentional method of control.
10)
In determining whether a student who is being physically restrained should be
removed from the area where the restraint was initiated, the supervising adult
shall consider the potential for injury to the student, the student's need for
privacy, and the educational and emotional well-being of other students in the
vicinity.
11) "Chemical restraint"
means the use of medication to control a student's behavior or restrict a
student's freedom of movement. Chemical restraint is prohibited. "Chemical
restraint" does not include medication that is legally prescribed and
administered as part of a student's regular medical regimen to manage
behavioral symptoms and treat medical symptoms.
12) "Mechanical restraint" means the use of
any device or equipment to limit a student's movement or hold a student
immobile. Mechanical restraint is prohibited. "Mechanical restraint" does not
include any restraint used to:
A) treat a
student's medical needs;
B) protect
a student known to be at risk of injury resulting from lack of coordination or
frequent loss of consciousness;
C)
position a student with physical disabilities in a manner specified in the
student's individualized education program, federal Section 504 plan, or other
plan of care, where there is an evidenced medical need for the positioning and
the restraint is not used for convenience;
D) provide a supplementary aid or service or
an accommodation, including, but not limited to, assistive technology that
provides proprioceptive input or aids in self-regulation; or
E) promote student safety in vehicles used to
transport students.
d) Time Limits
1) A student shall be released from isolated
time out or time out immediately upon determination by the staff member that
the student no longer poses an imminent danger of causing serious physical harm
to the student or others. No less than once every 15 minutes, an adult trained
under subsection (h) must assess whether the student has ceased presenting the
specific behavior for which the time out was imposed.
2) A student shall be released from physical
restraint immediately upon a determination by the staff member administering
the restraint that the student is no longer in imminent danger of causing
serious physical harm to the student or others. No less than once every 15
minutes, an adult trained under subsection (h) must assess whether the student
has ceased presenting the specific behavior for which the restraint was
imposed.
e)
Documentation and Evaluation
1) In a form and
manner prescribed by the State Superintendent, a written record of each episode
of isolated time out, time out, or physical restraint shall be maintained in
the student's temporary record. The official designated under this Section
shall also maintain a copy of each of these records. Each record shall include,
but is not limited to, all of the following:
A) the student's name;
B) the date of the incident;
C) the beginning and ending times of the
incident;
D) a description of any
relevant events leading up to the incident;
E) a description of any less restrictive or
intrusive alternative measures that were used prior to the implementation of
isolated time out, time out, or physical restraint and why those measures were
ineffective or deemed inappropriate;
F) a description of the incident or student
behavior that resulted in isolated time out, time out, or physical restraint,
including the specific imminent danger of serious physical harm to the student
or others;
G) for isolated time
out, a description of the rationale of why the needs of the student cannot be
met by a lesser restrictive intervention and why an adult could not be present
in the time out room;
H) a log of
the student's behavior in isolated time out, time out, or during physical
restraint, including a description of the restraint techniques used and any
other interaction between the student and staff;
I) a description of any injuries (whether to
students, staff, or others) or property damage;
J) a description of any planned approach to
dealing with the student's behavior in the future, including any de-escalation
methods or procedures that may be used to avoid the use of isolated time out,
time out, or physical restraint;
K)
a list of the school personnel who participated in the implementation,
monitoring, and supervision of isolated time out, time out, or physical
restraint; and
L) the date on which
parental or guardian notification took place, as required by subsection
(f).
2) The school
official designated under subsection (i)(3) shall be notified of the incident
as soon as possible, but no later than the end of the school day on which it
occurred.
3) The requirements of
this subsection (e)(3) shall apply whenever an episode of isolated time out or
time out exceeds 30 minutes, an episode of physical restraint exceeds 15
minutes, or repeated episodes have occurred during any three-hour period.
A) A licensed educator or licensed clinical
practitioner who has completed the training requirements under subsection (h)
shall evaluate the situation.
B)
The evaluation shall consider the appropriateness of continuing the procedure
in use, including the student's potential need for medication, nourishment, or
use of a restroom, and the need for alternate strategies (e.g., assessment by a
mental health crisis team, assistance from police, or transportation by
ambulance).
C) The results of the
evaluation shall be committed to writing and copies of this documentation shall
be placed into the student's temporary student record and provided to the
official designated under subsection (i)(3).
4) When a student experiences instances of
isolated time out, time out, or physical restraint on any 3 days within a
30-day period, the school personnel who initiated, monitored, and supervised
the incidents shall initiate a review meeting of the effectiveness of the
procedures used, review the student's functional behavioral assessment,
including a determination as to whether a new functional behavior assessment is
necessary, and prepare an individual behavior plan for the student that
includes, if applicable, a plan for conducting a new functional behavior
assessment that provides either for continued use of these interventions or for
the use of other specified interventions. The plan shall be placed into the
student's temporary student record. The review meeting shall also consider the
student's potential need for an alternative program, for special education
eligibility, or, for a student already eligible for special education, for a
change in program.
A) The review meeting must
be held no later than 20 days after the third day the instance of isolated time
out, time out, or physical restraint occurred. The timeline required by this
subsection (e)(4)(A) may be extended if a request for extension is received
from the student's parent or guardian.
B) The district or other entity serving the
student shall invite the student's parents or guardians to participate in this
review meeting and shall provide ten days' notice of its date, time, and
location. If a student has an individualized education program (IEP), an IEP
meeting may satisfy the meeting requirement under this subsection (e)(4) and
must comply with 23 Ill. Adm. Code 226 and 34 CFR Part 300.
C) The notification shall inform the parents
or guardians that the student's potential need for special education, an
alternative program, or, for students already eligible for special education,
the student's potential need for a change in program, will be considered and
that the results of the review meeting will be entered into the temporary
student record.
f) Notification to Parents or Guardians
1) A district whose policies allow for the
use of isolated time out, time out, or physical restraint shall notify parents
or guardians to this effect as part of the information distributed annually or
upon enrollment pursuant to Sections 10-20.14 and 14-8.05(c) of the School
Code.
2) If a student is subject to
isolated time out, time out, or physical restraint, the school must make a
reasonable attempt to notify the student's parent or guardian on the same day
the isolated time out, time out, or physical restraint is imposed.
3) Within one business day after any use of
isolated time out, time out, or physical restraint, the school district or
other entity serving the student shall send the form required under subsection
(e)(1) to the student's parents or guardians and the following information:
A)
a copy of the standards for when
isolated time out, time out, and physical restraint can be
used;
B)
information about the rights of parents, guardians, and
students;
C)
information about the parent's or guardian's right to file a complaint
with the State Superintendent of Education, the complaint process, and other
information to assist the parent or guardian in navigating the complaint
process. (Section 10-20.33(h) or 34-18.20(h) of the School
Code);
D) a description of the
State complaint, mediation, and due process procedures for students who are
eligible to receive special education services; and
E) information on the procedures for
requesting an evaluation and pursuing accommodations and modifications under
Section 504 of the Rehabilitation Act of 1973 or special education eligibility
and services for students who are not yet eligible to receive these
accommodations or services.
4) No later than 2 school days after each
incident of isolated time out, time out, or physical restraint, the principal
or another designated administrator shall notify the student's parent or
guardian that he or she may request a meeting with appropriate school personnel
to discuss the incident. This meeting shall be held separate and apart
from meetings held in accordance with the student's individualized education
program or from meetings held in accordance with the student's plan for
services under Section 504 of the federal Rehabilitation Act of 1973. If a
parent or guardian requests a meeting, the meeting must be convened within 2
school days after the request, provided that the 2-school day limitation shall
be extended if requested by the parent or guardian. The parent or guardian may
also request that the meeting be convened via telephone or video
conference. A meeting conducted under this subsection (f)(4) must
comply with all of the requirements under Section 10-20.33(g) or 34-18.20(g) of
the School Code. A summary of the meeting and any agreements or
conclusions reached during the meeting shall be documented in writing and shall
become part of the student's school record. A copy of the documents shall be
provided to the student's parent or guardian. If a parent or guardian does not
request a meeting within 10 school days after the school has provided the
documents to the parent or guardian or if a parent or guardian fails to attend
a requested meeting, that fact shall be documented as part of the student's
school record. (Section 10-20.33(g) or 34-18.20(g) of the School
Code)
g) Report to the
State Superintendent
1) No later than 2 school
days after any use of isolated time out, time out, or physical restraint, the
school district or other entity serving the student shall, in a form and manner
prescribed by the State Superintendent, submit the information required under
subsection (e)(1) to the State Superintendent.
2) The State Superintendent reserves the
authority to require districts to submit the information required under
subsection (e)(1) for previous school years.
h) Requirements for Training
1) Any adult who is supervising a student in
isolated time out or time out, or who is involved in a physical restraint,
shall receive at least 8 hours of developmentally appropriate training
annually. Except for training on physical restraint, online training may be
utilized for all training areas under this subsection (h)(1). Training is
required in the following areas:
A) crisis
de-escalation;
B) restorative
practices;
C) identifying signs of
distress during physical restraint and time out;
D) trauma-informed practices; and
E) behavior management practices.
2) All adults trained under this
subsection (h) must be provided a copy of the district's policies on isolated
time out, time out, and physical restraint.
3) Isolated time out, time out, or physical
restraint, as defined in this Section, shall be applied only by individuals who
have received annual systematic training on less restrictive and intrusive
strategies and techniques to reduce the use of isolated time out, time out, and
physical restraint based on best practices and how to safely use time out and
physical restraint when those alternative strategies and techniques have been
tried and proven ineffective. This training must include all the elements
described in this subsection (h) and must result in the receipt of a
certificate of completion or other written evidence of participation. No
individual may use isolated time out, time out, or physical restraint before
receiving the required training and certificate. An individual who applies
isolated time out, time out, or physical restraint shall use only techniques in
which that individual has received prior annual training, as indicated by
written evidence of participation.
4) The training required under this
subsection (h) with respect to isolated time out, time out, or physical
restraint may be provided either by the employer or by an external entity.
A) All persons or entities who provide
training must be trained and certified in:
i)
the effective use of less restrictive and intrusive alternatives to prevent
imminent danger of serious physical harm to the student or others;
and
ii) the safe application of
isolated time out, time out, and physical restraint when less restrictive and
intrusive alternatives have been tried and proven ineffective.
B) The training shall include, but
need not be limited to:
i) the dangers
associated with the use of isolated time out, time out, and physical restraint
and the need to use interventions that are less restrictive and intrusive to
reduce the risk of harm to students;
ii) appropriate procedures for preventing the
need for isolated time out, time out, or physical restraint, including the
de-escalation of problematic behavior, relationship-building, and the use of
alternatives to restraint;
iii)
recognizing and responding appropriately to the antecedent of a student's
behavior;
iv) recognizing
contraindications and other conditions and events that increase risk of
death;
v) a description and
identification of dangerous behaviors on the part of students that may indicate
the need for isolated time out, time out, or physical restraint and methods for
evaluating the risk of harm in individual situations in order to determine
whether the use of restraint is warranted;
vi) the simulated experience of administering
and receiving a variety of isolated time out, time out, and physical restraint
techniques, ranging from minimal physical involvement to very controlling
interventions;
vii) instruction
regarding the effects of isolated time out, time out, and physical restraint on
the person in restraint, isolated time out, or time out, including instruction
on monitoring physical signs of distress and obtaining medical
assistance;
viii) instruction
regarding documentation and reporting requirements and investigation of
injuries and complaints; and
ix)
demonstration by participants of proficiency in administering isolated time
out, time out, and physical restraint.
5) An individual may provide training to
others in a particular method of time out and physical restraint only if the
individual has received written evidence of completing training in those
techniques that meet the requirements of this subsection (h) within the
preceding one-year period.
i) Any use of isolated time out, time out, or
physical restraint permitted by a board's policy shall be implemented in
accordance with written procedures that include:
1) the circumstances under which isolated
time out, time out, or physical restraint will be applied;
2) a written procedure to be followed by
staff in cases of isolated time out, time out, or physical restraint;
3) designation of a school official who will
be informed of incidents and maintain the documentation required under this
Section when isolated time out, time out, or physical restraint is
used;
4) the process the district
or other entity serving public school students will use to evaluate any
incident that results in an injury to the affected student; and
5) a description of the district's or other
entity's annual review of the use of isolated time out, time out, or physical
restraint, which, at a minimum, shall include:
A) the number of incidents involving the use
of these interventions;
B) the
location and duration of each incident;
C) identification of the staff members who
were involved;
D) any injuries or
property damage that occurred; and
E) the timeliness of parental or guardian
notification and timelines for agency notification and administrative
review.
j)
Complaint Procedures
1) Any parent or
guardian, individual, organization, or advocate may file a signed, written
complaint with the State Superintendent alleging that a local school district
or other entity serving the student has violated this Section. The complaint
shall include all of the following:
A) the
facts on which the complaint is based;
B) the signature and contact information for
the complainant;
C) if known, the
names and addresses of the students involved and the name of the school of
attendance;
D) a description of the
nature of the problem, including any facts relating to the problem;
and
E) a proposed resolution of the
problem to the extent known.
2) The State Superintendent shall only
consider a complaint if it alleges a violation occurring not more than one year
prior to the date in which the parent, guardian, individual, organization, or
advocate received notification of the violation, if the notification contained
all of the requirements in subsection (f).
3) If mutually agreed upon in writing, the
parties to the complaint may request State-sponsored mediation. If one of the
parties in the complaint is a nonpublic special education facility, the
student's home district must also agree to participate in the mediation. If the
parties agree to a resolution in mediation, the parent, guardian, individual,
organization, or advocate that filed the complaint must formally withdraw the
complaint. The State Board of Education will publish the metrics for the use of
mediation, including the number of complaints resulting in mediations and the
number of complaints successfully resolved through mediation. All data released
by the State Board shall be consistent with federal and State laws and rules
governing student privacy rights, including, but not limited to, the federal
Family Educational Rights and Privacy Act of 1974 and the Illinois School
Student Records Act.
4) After
receiving a complaint that meets the requirements of this subsection (j), the
State Superintendent shall:
A) carry out an
independent investigation, including, but not limited to, an on-site
investigation, if deemed necessary by the State Superintendent;
B) give the complainant the opportunity to
submit additional information, either orally or in writing, about the
allegations in the complaint; and
C) require that the public entity that is the
subject of the complaint submit a written response to the complaint. The public
entity shall submit its response and all other documentation to the State
Superintendent and the parent, guardian, individual, organization, or advocate
filing the complaint no later than the date indicated in the written
correspondence received under this subsection (j), except as prohibited under
the Freedom of Information Act [5 ILCS 140].
5) The State Superintendent must issue a
written decision to the complainant that addresses each allegation in the
complaint and that contains all of the following:
A) findings of fact and conclusion;
B) the reasons for the State Board of
Education's final decision; and
C)
orders for any action, including technical assistance.
6) If the State Board receives information,
from school data reporting or any other source, alleging or indicating that a
school district or other entity serving a student has violated this Section,
the State Board shall have the authority to commence an investigation under
subsection (j)(4) and issue a written decision as to the allegations or
indications under subsection (j)(5). An individual, organization, or other
entity providing such information to the State Board shall be able to do so
confidentially.
7) The complaint
procedure under this subsection (j) does not limit, diminish, or otherwise deny
the federal and State rights and procedural safeguards afforded to
students.
k) Compliance
Measures
1) The State Board shall continuously
audit or monitor school districts or entities that have utilized isolated time
out, time out, or physical restraint to ensure that the school district or
entity is meeting the State Board's established goals and benchmarks for
reducing and eventually eliminating the use of isolated time out, time out, or
physical restraint. These goals and benchmarks will be established in
accordance with the requirements of Section 2-3.130(e) of the School Code and
will be available on the State Board's website. Each school district or entity
that utilizes isolated time out, time out, or physical restraint must:
A) Demonstrate progress toward the statewide
goal of achieving a reduction in the use of physical restraint, time out, and
isolated time out for students. The progress toward the reduction and
eventual elimination of the use of isolated time out and physical restraint
shall be measured by the reduction in the overall number of incidents of those
interventions and the total number of students subjected to those
interventions. (Section 2-3.130(e) of the School Code)
B) Create an oversight team to develop a
school district plan, including school-specific considerations, for reducing
and eventually eliminating the use of time out and physical restraint. The plan
must include specific actions set forth in Public Act 102-339. This school
district plan is required unless a school district can show that it has not
used isolated time out, time out, or physical restraint within the previous
three years and the school district has adopted a policy prohibiting these
interventions and can demonstrate enforcement of that policy;
C) Make the school district plan available
for review by parents or guardians;
D) Modify the school district plan as
necessary to meet the goal in subsection (k)(1)(A); and
E) Submit a report to ISBE once per year for
three years detailing progress made toward achieving the goal in subsection
(k)(1)(A).
2) The State
Board will review each school district's or other entity's plan to reduce and
eventually eliminate the use of isolated time out, time out, or physical
restraint and will periodically follow-up with the school district or other
entity to ensure compliance with the plan.
3) In addition to the authority granted to
the State Board under subsection (j the State Board shall have authority to
initiate any of the following compliance measures if a school district or other
entity violates this Section:
A) publishing a
public notice on the State Board's website that includes a description of the
school's or entity's violation;
B)
requiring the school or entity to provide notice of the violation to the parent
or guardian of the student and the school official designated under subsection
(i)(3) and shall require the release of any school improvement plan if required
to be drafted under subsection (k)(1)(C);
C) requiring the school or entity to draft a
school improvement plan that directly addresses, but is not limited to, the
following:
i) a description of the
violation;
ii) the reasons proven
or believed to be the cause of the violation;
iii) the school's or entity's plan to ensure
the violation does not reoccur; and
iv) alignment of the plan to the State
Board's established benchmarks and goals in subsection (k)(1).
D) requiring the school or entity
to conduct a functional behavioral assessment, with written parental or
guardian consent, if applicable, or to create or revise a student's behavior
intervention plan, with input from the student's parent or guardian, and to
provide a copy of those documents to the State Board;
E) monthly oversight meetings with State
Board staff to review the school's or entity's progress toward correcting the
violation;
F) announced or
unannounced on-site visitation and monitoring of the school or
entity;
G) interviews with school
personnel or other staff members, parents or guardians, or students, as
appropriate;
H) requiring specified
school personnel or other staff members to complete further training or
professional development;
I)
implementing any student-specific remedial intervention that may be
appropriate; and
J) referral to
other State agencies or law enforcement, as necessary.
4) A school district or other entity that
does not comply with the compliance measures under this subsection or that has
multiple findings of noncompliance will be subject to the progressive
enforcement actions outlined in Section
1.20.
l) Youth Centers and Juvenile Detention
Facilities
1) Any provision in this Section
that limits which rooms, enclosures, or other infrastructure may be used for
time out or isolated time out does not apply to Department of Juvenile Justice
youth centers, county juvenile detention centers, or any other correctional
institutions ("detention centers").
2) Any provision in this Section that
regulates staff behavior does not apply to detention center staff who are not
employed by or contracting with a school district or regional office of
education in an educational capacity ("school staff").
3) This Section applies to school staff
working in detention centers. Any removal of a student from the educational
environment in detention center witnessed by school staff must be documented by
that school staff, regardless of who initiated or carried out the removal. If
multiple school staff people witness a removal, they must collaborate on a
single report.
A) For disciplinary or punitive
removals, school staff must comply with documentation requirements under
Section 10-22.6 of the School Code [105 ILCS
5/10-22.6].
B) For removals due to danger to the student
or others, school staff must comply with documentation requirements under
subsection (e).
4) A
school staff person that witnesses an episode of physical restraint, time out,
or isolated time out must document the episode under subsection (1)(3)
regardless of who initiated or carried out the intervention. When documenting
an episode of restraint, time out, or isolated time out carried out by
detention center or other non-educational staff, the school staff person
completing the report may have incomplete knowledge of the episode. A school
staff person with incomplete knowledge of an episode must complete the relevant
documentation to the best of their ability. Incomplete knowledge of an episode
does not release a school staff person from documentation requirements under
this subsection.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.