ISBE recently issued a new Revised Guidance and Frequently Asked Questions governing the use of isolated time out, time out, and physical restraint (“RTO”) replacing and updating ISBE’s 2022 Guidance document.
The 2025 Guidance updates several RTO definitions and provisions to help guide school districts in physical restraint of students. First, the 2025 Guidance states that any forcible removal of a student counts as physical restraint and must be reported as a use of RTO. This is a change from the 2022 Guidance where certain physical escorts of a student depended on the circumstances of the incident.
Second, the 2025 Guidance adds the definition of “momentary period of physical restriction” as direct person-to-person contact, without the aid of a device, that through limited force prevents the student from potential physical harm to themselves, others, or the damage of property. The 2025 Guidance further clarifies that comforting physical touch, proprioceptive techniques (such as joint compression and squeezes), and intervening in a student fight can constitute permissible “momentary periods of physical restriction.”
Third, the 2025 Guidance clarifies that “supine restraint” includes a standing restraint where a student is held against a wall or other surface and physical pressures are applied to the student’s body to keep them against that surface. This expands the definition of “supine restraint” from the 2022 Guidance which defined “supine restraint” as when a student is held face-up on the ground and physical pressure is applied to their body to manage behavior or ensure safety. Finally, the 2025 Guidance now fully prohibits the use of “prone restraint.” “Prone restraint” is placing a student face-down on the ground or other surface and apply physical pressure to their body to manage behavior or ensure safety.
The 2025 Guidance also changes the spaces that can be utilized for isolated time out or time out. Under the new Guidance a classroom or similar space may be an appropriate time-out space for students if the room 1) meets all the necessary health and safety requirements, 2) has the same ceiling height as surrounding rooms and is large enough to accommodate the student and another individual, 3) is fitted with a solid door (steel or solid-core wood) and, if applicable, an unbreakable window panel. This is a change from the 2022 Guidance where classroom or similar spaces were not allowed to be used for time out purposes. The 2025 Guidance provides further clarification that the door in the space should not be locked or physically blocked by furniture or other inanimate objects at any time during the time out and that staff should not block a student’s ability to leave by physically preventing a student from leaving the space.
Next, the 2025 Guidance expands the number of hours and requirements that individuals must undergo to train staff on RTO practices. Under the 2025 Guidance trainers must be trained in de-escalation, restorative practices, trauma informed care, behavior management, recognizing signs of distress, and safe application of restraint.
The Guidance provides that blocking a student attempting to elope from a classroom is not considered a time out unless all other students have previously been removed from the classroom. In addition, blocking a students egress from a space generally may constitute a time out depending on the surrounding circumstances.
Finally, the 2025 Guidance includes a new procedure for scheduling a review meeting when a student has experienced RTO on three separate days within a 30-day period. The 2022 Guidance placed responsibility of the review on the IEP team. In contrast, the 2025 Guidance requires that the school personnel who initiated, monitored, and supervised the incident be the individual who schedules a review meeting. At the review meeting the team must then review the student’s functional behavioral assessment and develop a behavior plan for the student or consider a special education evaluation for those students not already identified for special education.
Time Out, Isolated Time Out and Physical Restraint is a major area of enforcement for ISBE as many school districts have learned. School staff should carefully review the Guidance in order to avoid future issues.
Contact any of our student/special education practice group attorneys with your inquiries.
