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ISBE issues new emergency rules on isolated time out, restraint as Rep. Carroll’s new bill is filed

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* The Illinois State Board of Education’s new emergency rules are here. I’ve skipped over a few things, so if you have a question, you should first click on the link to see if you can find it addressed in the new rules.

* Old rule…

Isolated time out and physical restraint as defined in this Section shall be used only as means of maintaining discipline in schools (that is, as a means of maintaining a safe and orderly environment for learning) and only to the extent that they are necessary to preserve the safety of students and others. Neither isolated time out nor physical restraint shall be used in administering discipline to individual students, i.e., as a form of punishment.

New rule…

Time out and physical restraint as defined in this Section shall be used only for therapeutic purposes, or to the extent necessary to preserve the safety of students and others. Neither time out nor physical restraint shall be used as a form of punishment.

* Old rule…

“Isolated time out” means the confinement of a student in a time-out room or some other enclosure, whether within or outside the classroom, from which the student’s egress is restricted.

New rule…

“Time out” means 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

* Old rule…

If an enclosure used for isolated time out is fitted with a door, either a steel door or a wooden door of solid-core construction shall be used. If the door includes a viewing panel, the panel shall be unbreakable.

New rule…

If an enclosure used for time out is fitted with a door, the door shall not be locked at any time during the time out.

* Old rule…

An adult who is responsible for supervising the student shall remain within two feet of the enclosure.

New rule…

An adult trained under this Section who is responsible for supervising the student must remain with the student at all times during the time out

* Old rule…

The adult responsible for supervising the student must be able to see the student at all times. If a locking mechanism is used on the enclosure, the mechanism shall be constructed so that it will engage only when a key, handle, knob, or other similar device is being held in position by a person, unless the mechanism is an electrically or electronically controlled one that is automatically released when the building’s fire alarm system is triggered. Upon release of the locking mechanism by the supervising adult, the door must be able to be opened readily.

The new rule deletes all of that language.

* Old rule…

“Physical restraint” as permitted pursuant to this Section includes only the use of specific, planned techniques (e.g., the “basket hold” and “team control”).

New rule…

“Physical restraint” as permitted pursuant to this Section includes only the use of specific, planned techniques (e.g., the “basket hold” and “team control”). A physical restraint shall not impair a student’s ability to breath or speak normally. Prone or supine physical restraint shall not be permitted.

* Old rule…

A student shall not be kept in isolated time out for longer than is therapeutically necessary which shall not be for more than 30 minutes after he or she ceases presenting the specific behavior for which isolated time out was imposed or any other behavior for which it would be an appropriate intervention.

New rule…

A student shall not be kept in time out for longer than is therapeutically necessary. No less than once every 15 minutes, the trained adult must assess whether the student has ceased presenting the specific behavior for which the time out was imposed

* Old rule…

A written record of each episode of isolated time out or physical restraint shall be maintained in the student’s temporary record.

New rule…

In a form and manner prescribed by the State Superintendent, a written record of each episode of time out or physical restraint shall be maintained in the student’s temporary record.

* Old rule…

Each district, cooperative, or joint agreement whose policy permits the use of isolated time out shall provide orientation to its staff members covering at least the written procedure established pursuant to Section 1.280(c)(2) of this Part.

New rule…

Each district, cooperative, or joint agreement whose policy permits the use of time out shall provide training.

* Newly added rules…

No later than 48 hours after any use of 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 (f)(1) to the State Superintendent.

The State Superintendent reserve the authority to require districts to submit the information required under subsection (f)(1) for previous school years. […]

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. […]

Any use of time out or physical restraint permitted by a board’s policy shall include:

1) the circumstances under which time out or physical restrain will be applied;
2) a written procedure to be followed by staff in cases of 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 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;
5) a description of the district’s or other entity’s annual review of the use of time out or physical restraint, which shall include at least:

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 notification, timelines of agency notification, and administrative review.

k) Complaint Procedures

1) Any parent, 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 the facts on which the complaint is based; the signature and contact information for the complainant; the names and addresses of the students involved (and the name of the school of attendance), if known; a description of the nature of the problem, including any facts relating to the problem; and 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 data on which the complaint is received.

3) The State Superintendent must issue a written decision to the complainant that addresses each allegation in the complaint and contains findings of fact and conclusion; the reasons for the State Board of Education’s final decision; and orders for any action, including technical assistance.

4) The complaint procedure under this Section does not limit, diminish, or otherwise deny the federal and State rights and procedural safeguards afforded to students with disabilities.

* Meanwhile, Rep. Jonathan Carroll’s bill is now online…

Prohibits a school district employee or volunteer or an independent contractor of a school district from placing a student in seclusion; defines seclusion. Provides that this prohibition does not apply to the use of seclusion in a court-ordered placement, other than a placement in an educational program of a school district, or in a placement or facility to which other laws or rules apply. Requires State Board of Education rulemaking. Effective immediately.

…Adding… I asked Rep. Carroll for his take on the new ISBE rules…

I think it’s a start. I think there’s more work that has to be done. And I’m frustrated that we have to go through these pounds of cures instead of ounces of prevention. We have to make sure that there’s a lot more accountability and at this point ISBE has not shown much of that.

posted by Rich Miller
Thursday, Nov 21, 19 @ 1:28 pm

Comments

These new rules do not ban the practice like Pritzker said he would.

Comment by Thomas Paine Thursday, Nov 21, 19 @ 1:55 pm
That’s great.

Well thought out.

No notice to the schools.
No opportunity to train staff in other methods.

This is going to result in a lot of injuries starting tomorrow.

Good God, they never consider things- just react.

Comment by Morty Thursday, Nov 21, 19 @ 2:03 pm
Thomas, you can’t lock kids in a room alone now. You can’t lock them in at all, and an adult has to be “with the student at all times” instead of outside the locked door.

What are you asking for? That kids never be taken out of a classroom for any reason?

Comment by Perrid Thursday, Nov 21, 19 @ 2:05 pm
My only hope is that administrators will continue to enforce the rules not ignore them once the light that is shining on the problem now turns to something else.

Comment by Just a Citizen Thursday, Nov 21, 19 @ 2:26 pm
===These new rules do not ban the practice like Pritzker said he would.===

Probably banning it requires a legislative change. Rules can’t outright ban something that statutory law permits.

Comment by Nick Name Thursday, Nov 21, 19 @ 3:37 pm
=This is going to result in a lot of injuries starting tomorrow=

Um, did you not read the ProPublica article? There’s a lot of injury - psychological injury - being inflicted on vulnerable kids that will *stop* tomorrow. You want them to keep locking up kids while “they” “consider” things? Unreal.

Comment by LakeCo Thursday, Nov 21, 19 @ 4:44 pm
Apparently my comment was moderated.

Let’s just say the state, in it’s rush to appear to be doing something after literally doing nothing- including the required monitoring, just put SED teachers in legal and physical jeopardy with no warning.

If Rich let’s the comment through moderation you will know why.

Comment by Morty Thursday, Nov 21, 19 @ 5:15 pm
No later than 48 hours after any use of 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 (f)(1) to the State Superintendent.

They didn’t even provide a means for doing so.

At least that is the conclusion of the lawyers for the district

Comment by Morty Thursday, Nov 21, 19 @ 5:24 pm
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

Mind you, by tomorrow

Now we have all had most of that training.

In a method the state says is no longer legal.

New trainings take at least 8 hours to complete.

Our district found this out right at the time of my first post

Comment by Morty Thursday, Nov 21, 19 @ 5:27 pm
So…..What do the teachers think of this?

Comment by just a thought Thursday, Nov 21, 19 @ 11:45 pm
We received a letter from my child’s school that now that isolated seclusion was banned, they would be increasing the use of therapeutic restraint (holding a kid tight when they’re acting out) and expected that that would be extremely traumatizing for some of their students but that’s what the state insisted upon and … I think I have to move and change schools now?

Comment by Suburban Mom Friday, Nov 22, 19 @ 12:24 am
Morty -

Which school district?

I invite y’all to come to the JCAR meeting, object to the new rules.

As for the training you’ve all had, apparently it didn’t work, or this story would not have happened.

Comment by Thomas Paine Friday, Nov 22, 19 @ 9:01 am
Someone who supposedly works in education ought to know how to use an apostrophe.

Comment by Cheryl44 Friday, Nov 22, 19 @ 9:14 am
We got a letter from my child’s school yesterday saying that they will immediately cease the use of isolated seclusion, and will dramatically increase the use of therapeutic holds, which they anticipate will be highly traumatizing for many students, but the state is making them do it. So … I think I have to move now so I can change schools?

Comment by Suburban Mom Friday, Nov 22, 19 @ 9:26 am
Cheryl44

Yeah, I fired that off while attending an emergency meeting discussing our response for today.

I’m sorry I broke the Internet with my typo.

Comment by Anonymous Friday, Nov 22, 19 @ 10:11 am
As for the training you’ve all had, apparently it didn’t work, or this story would not have happened

Actually we ended the use of isolated time out about 15 years ago. We have always complied with all the regulations regarding the use of physical management.

There are, as far as I know, roughly 7 or so different certified techniques for the use of physical management in Illinois.

None of which, as of right now, anyone is sure are currently legal.

I’m nor arguing the pros or cons of isolated time out/seclusion or physical restraint.

those discussion should and do happen on a daily basis.

I’m arguing that the actions of ISBE have created a chaotic and unsafe situation.

There are legal and ethic concerns surrounding this issue that should have lead to well-thought out and comprehensive guidance and training.
This did not happen

Comment by Anonymous Friday, Nov 22, 19 @ 10:19 am
Suburban Mom, please email me a copy of that letter. Thanks. capitolfax@gmail.com

Comment by Rich Miller Friday, Nov 22, 19 @ 2:04 pm
Who fills out the paperwork? The trained staff member or the teachers?

Comment by Mary Tuesday, Nov 26, 19 @ 9:27 am