On February 14, 2020, the Illinois State Board of Education (“ISBE”) published its Board Meeting Agenda and Plenary Packet. See pages 67-153. The Agenda and Plenary Packet included a revised draft of the proposed rules on time out and physical restraint. Notably, these are a revised draft for the State Board’s consideration at its February Board Meeting. The revised proposed rules issued today are NOT currently in effect. ISBE will discuss the revisions made to the proposed rules in response to public comments and ask for the Board’s approval to submit the revised draft to the Joint Committee on Administrative Rules (“JCAR”) for a final notice period.
The major differences between the first version of the proposed rules and the revised proposed rules are as follows:
- The revised proposed rules allow for the use of isolated time out in limited circumstances without an adult in the room if the adult in the room is put in “imminent danger of serious physical harm” by staying in the room;
- The revised proposed rules still require eight hours of training annually; however, training on all components other than administration of physical restraint may be delivered using an online platform.
School districts may submit their comments on the revised proposed rules directly to JCAR.
At this point, school districts should continue to abide by the Amended Emergency Rules. If you have any questions on time out and physical restraint, please contact an attorney in our Students and Special Education Practice Group.
