On February 27, 2020, the Illinois State Board of Education (ISBE) issued an update to its Guidance and Frequently Asked Questions: Emergency Regulations for the Use of Time Out, Isolated Time Out, and Physical Restraint document (FAQ). The updates to the FAQ document follow ISBE’s second amendments to the Emergency Rules from February 25, 2020, which now allow for the use of isolated time out in limited circumstances. [Click HERE for HLERK’s previous update on ISBE’s second amendments to the Emergency Rules].

Additionally, ISBE updated its Physical Restraint and Time Out Form. The form is more streamlined and allows schools to report multiple instances of time out or physical restraint used with the same student in a single day. ISBE has also removed some of the ancillary questions on the reporting form in an effort to facilitate timely and fact-driven reporting of instances of time out and restraint. As a reminder, school districts are required to use ISBE’s reporting form following the use of any time out or physical restraint.

We anticipate ISBE will issue its permanent rules on physical restraint and time out this spring. Until that time, the second, amended emergency rules published on February 25, 2020 remain in effect.

Please contact an attorney in our Students and Special Education practice group with your questions on the implementation of the emergency rules.