Update Regarding Emergency Time Out Rules

As has been the topic of significant discussion in the last couple of weeks, the emergency time out rules re-define “time out” broadly in a manner that arguably includes many routine disciplinary measures used by school districts, including in-school suspension, lunch detention, and other forms of monitored separation from classmates.

While the emergency rules remain in place as written, we expect additional guidance from ISBE and the Illinois Council of School Attorneys in the very near future that will clarify the intended limits of application of these rules to these routine forms of discipline.  ISBE has provided informal guidance to some districts and ROEs (and to Miller Tracy) which indicates that they did not intend the emergency rules to apply to in-school suspension, lunch detention, waiting outside an office, sensory breaks, etc.  The permanent rules are expected to similarly clarify the intent of ISBE’s rules.

Certainly, this clarification – which we hope will be formalized in the near future – is a welcome development in this quickly-moving set of changes.  However, there are still concerns about the eventual permanent rules and the ability for school districts and cooperatives to staff and maintain programs safely, and it remains unclear whether the broadness of the rules definitions may energize motivated parents.  It continues to be advisable to carefully evaluate disciplinary removals for compliance with the law, safety of the schools, and improved learning outcomes for all students. 

When the proposed permanent rules are released, be sure to review those with your staff and make your comments and any concerns you may have known to ISBE and your legislators.