Category
Restraint and Seclusion
Category
Restraint and Seclusion
State law requires districts to adopt policies limiting use of restraint and seclusion that include comprehensive student protections, including the provision of mandatory training for school personnel.
Illinois Administrative Code 23-1.280 Discipline
c) Any use of isolated time out or physical restraint permitted by a board's policy shall conform to the requirements of Section 1.285. If isolated time out or physical restraint is to be permitted, the policy shall include:
- 1) the circumstances under which isolated time out or physical restraint will be applied;
- 2) a written procedure to be followed by staff in cases of isolated time out or physical restraint;
- 3) designation of a school official who will be informed of incidents and maintain the documentation required pursuant to Section 1.285 when isolated time out or physical restraint is used;
- 4) the process the district or other administrative entity will use to evaluate any incident that results in an injury that the affected student (or the responsible parent or guardian), staff member, or other individual identifies as serious;
- 5) a description of the alternative strategies that will be implemented when determined advisable pursuant to Section 1.285(f)(4); and
- 6) a description of the district's or other administrative entity's annual review of the use of isolated 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 and administrative review.
d) In addition to, or as part of, its policy on the maintenance of discipline, each board of education shall adopt policies and procedures regarding the use of behavioral interventions for students with disabilities who require intervention. Each board's policies and procedures shall conform to the requirements of Section 14-8.05(c) of the School Code.
Illinois Administrative Code 23-1.285 Requirements for the Use of Isolated Time Out and Physical Restraint
a) Each provider shall prepare and keep on file an annual plan for inservice training in areas where improvement is desirable. The provider shall identify these areas based upon an analysis of each program's outcome data and based on student achievement in relation to the goals and objectives of the program. Training sessions shall be planned and designed to assist staff members in improving their ability to fulfill their duties as defined in their job descriptions, as necessary to educate the student population served and with specific reference to areas of need identified in the annual plan.
Illinois Administrative Code 23-401.250 Staff Training
Each provider subject to this Part shall develop and implement ongoing inservice training programs related to the duties of all staff. a) Each provider shall prepare and keep on file an annual plan for inservice training in areas where improvement is desirable. The provider shall identify these areas based upon an analysis of each program's outcome data and based on student achievement in relation to the goals and objectives of the program. Training sessions shall be planned and designed to assist staff members in improving their ability to fulfill their duties as defined in their job descriptions, as necessary to educate the student population served and with specific reference to areas of need identified in the annual plan. b) As appropriate to the student population served, each provider shall provide specific training to all personnel, including, but not limited to, the following: 1) The policy and procedures regarding the maintenance of student privacy and dignity; 2) Disposal of hazardous waste materials; 3) Procedures for preventing the transmission of blood-borne pathogens; 4) The use of isolated time out or physical restraint, if any, subject to the requirements of 23 Ill. Adm. Code 1.280 (Discipline) and 1.285 (Requirements for the Use of Isolated Time Out and Physical Restraint); 5) Behavioral intervention strategies; and 6) The administration of medication. c) Each provider shall provide training to all paraprofessionals and individual student aides (noninstructional duties) before they assume their duties. d) Each provider shall maintain accurate, written and dated records of all training provided, as described in Section 401.260.
Illinois Compiled Statutes 105-5-10-20.14. Student discipline policies; parent-teacher advisory committee.
(a) To establish and maintain a parent-teacher advisory committee to develop with the school board or governing body of a charter school policy guidelines on pupil discipline, including school searches and bullying prevention as set forth in Section 27-23.7 of this Code [105 ILCS 5/27-23.7]. School authorities shall furnish a copy of the policy to the parents or guardian of each pupil within 15 days after the beginning of the school year, or within 15 days after starting classes for a pupil who transfers into the district during the school year, and the school board or governing body of a charter school shall require that a school inform its pupils of the contents of the policy. School boards and the governing bodies of charter schools, along with the parent-teacher advisory committee, must annually review their pupil discipline policies, the implementation of those policies, and any other factors related to the safety of their schools, pupils, and staff.
Illinois Compiled Statutes 105-5-10-20.33 Time out and physical restraint.
Until rules are adopted under Section 2-3.130 of this Code, the use of any of the following rooms or enclosures for time out purposes is prohibited:
- (1) a locked room other than one with a locking mechanism that engages only when a key or handle is being held by a person;
- (2) a confining space such as a closet or box;
- (3) a room where the student cannot be continually observed; or
- (4) any other room or enclosure or time out procedure that is contrary to current guidelines of the State Board of Education.
The use of physical restraints is prohibited except when (i) the student poses a physical risk to himself, herself, or others, (ii) there is no medical contraindication to its use, and (iii) the staff applying the restraint have been trained in its safe application. For the purposes of this Section, “restraint” does not include momentary periods of physical restriction by direct person-to-person contact, without the aid of material or mechanical devices, accomplished with limited force and that are designed (i) to prevent a student from completing an act that would result in potential physical harm to himself, herself, or another or damage to property or (ii) to remove a disruptive student who is unwilling to voluntarily leave the area. The use of physical restraints that meet the requirements of this Section may be included in a student’s individualized education plan where deemed appropriate by the student’s individualized education plan team. Whenever physical restraints are used, school personnel shall fully document the incident, including the events leading up to the incident, the type of restraint used, the length of time the student is restrained, and the staff involved. The parents or guardian of a student shall be informed whenever physical restraints are used.
Illinois Compiled Statutes 105-5-2-3.130. Time out and physical restraint rules.
The State Board of Education shall promulgate rules governing the use of time out and physical restraint in the public schools. The rules shall include provisions governing recordkeeping that is required when physical restraint or more restrictive forms of time out are used.
Illinois Compiled Statutes 105-5-34-18.20. Time out and physical restraint.
Until rules are adopted under Section 2-3.130 of this Code [105 ILCS 5/2-3.130], the use of any of the following rooms or enclosures for time out purposes is prohibited:
- (1) a locked room other than one with a locking mechanism that engages only when a key or handle is being held by a person;
- (2) a confining space such as a closet or box;
- (3) a room where the student cannot be continually observed; or
- (4) any other room or enclosure or time out procedure that is contrary to current guidelines of the State Board of Education.
The use of physical restraints is prohibited except when (i) the student poses a physical risk to himself, herself, or others, (ii) there is no medical contraindication to its use, and (iii) the staff applying the restraint have been trained in its safe application. For the purposes of this Section, “restraint” does not include momentary periods of physical restriction by direct person-to-person contact, without the aid of material or mechanical devices, accomplished with limited force and that are designed (i) to prevent a student from completing an act that would result in potential physical harm to himself, herself, or another or damage to property or (ii) to remove a disruptive student who is unwilling to voluntarily leave the area. The use of physical restraints that meet the requirements of this Section may be included in a student’s individualized education plan where deemed appropriate by the student’s individualized education plan team. Whenever physical restraints are used, school personnel shall fully document the incident, including the events leading up to the incident, the type of restraint used, the length of time the student is restrained, and the staff involved. The parents or guardian of a student shall be informed whenever physical restraints are used.
Permanent Regulations for the Use of Time Out, Isolated Time Out, and Physical Restraint: Guidance and Frequently Asked Questions
Guidance document addresses use of restraint and seclusion.
Physical Restraint and Time Out Form
Form for documenting use of restraint and seclusion.