ISBE Emergency Rules on Time-Out and Restraint
On November 21, 2019, ISBE released emergency rules related to the use of time-out and physical restraint, which ISBE states were effective beginning November 20, 2019.
Based on many questions and discussions with administrators and educators, there are a few key questions related to the emergency rules that we felt it important to emphasize as school districts work to comply with the emergency rules.
The rules can be found here: ISBE Emergency Rules on Time-Out and Restraint
Don’t these rules only apply to special education programs?
No, these rules are general education rules that apply to all students. Both general education and special education students are covered by these rules equally, and general education administrators and principals need to be fully aware of the limitations and reporting requirements in the rules. While special education programs were most impacted by the prior rules (even though the prior rules similarly applied to all students), the broad language in the emergency rules will have a much bigger impact on the general education student population.
What is a “time-out” under the emergency rules?
A “time-out” is defined as “a behavior management technique that involves the monitored separation of a student from classmates with a trained adult for part of the school day, usually for a brief time, in a non-locked setting.” This is very broad language and school districts should carefully look at all of their discipline procedures – for both general education and special education students – to determine if they constitute “monitored separation of a student from classmates with a trained adult for part of the school day.” As written, a “time-out” likely now includes many of the routine general education discipline practices utilizes frequently each day in every school building.
What did the emergency rules prohibit?
The use of “isolated time-out” (student alone, door closed and locked) is no longer permitted in any circumstance.
“Time-out” (as now defined) can only be used for a therapeutic purpose, and only to the extent necessary to preserve the safety of students and others – again, for both general education and special education students. Restraints cannot limit the student's ability to breath or speak normally.
The use of what is now called "time out" should be for a "brief" period and in a non-locked setting. What is "brief"?
The rules clarify that it can be no longer than is therapeutically necessary (removing the prior 30 minutes after the student is no longer a risk to safety rule) and that a trained adult must review the situation and decide to continue every 15 minutes. The practical result is likely that many time outs will last 15 minutes or less.
What is a non-locked setting?
We cannot use locking devices any longer. Any door on a room used for time out should not be capable of locking. The regulations do permit the door to close, so long as a trained adult remains inside the room with the student (i.e. the adult must be on the same side of the doorway as the student).
What is a trained adult?
In addition to the previously-required training for staff using restraint or time-out, any adult who is supervising a student in time-out or applying physical restraint shall be trained in de-escalation, restorative practices, and behavior management practices.
How are we required to report these incidents?
ISBE has created a form for recording these incidents and reporting them to ISBE and the parent. The form can be found here: ISBE Form 11-01.
All uses of time out or restraint must be reported to ISBE within 48 hours, using this form. Also, the parent must receive a copy of the form within 24 hours.
Do these rules apply to in-school suspension or other social removals from regular student participation?
Arguably yes. The broadness of the definition of a “time-out” (a behavior management technique that involves the monitored separation of a student from classmates with a trained adult for part of the school day, usually for a brief time, in a non-locked setting) appears to apply to any time a student is removed from their regular school participation setting. Therefore, while not prohibited, such disciplinary responses must be a) monitored in the room by a staff member, b) in an unlocked room, c) cannot continue beyond the point which is therapeutically necessary, and d) are accompanied by reporting on ISBE Form 11-01 within 48 hours, with a copy to the parent within 24 hours.
How long will these emergency rules be in effect?
Emergency rules can remain in effect for only 150 days, so ISBE will likely be moving quickly to adopt permanent rules before the expiration of the emergency rules in mid-April. It is imperative that both ISBE and your legislators hear from you and your staff regarding these rules and the eventual permanent rules. There are also likely to be legislative efforts (with bills already introduced), so make sure your district’s voice is heard in these matters.
Miller, Tracy, Braun, Funk & Miller, Ltd. is working with the Illinois Council of School Attorneys to collaboratively issue and distribute joint and consistent guidance among the State’s school attorneys on this issue in the near future.