Illinois Emergency Regulation Section 1.285—Effective December 3, 2019

The Illinois State Board of Education recently took emergency action to end the practice of isolated seclusion in schools by restricting the use of seclusion and requiring the presence of a trained adult. Illinois Emergency Education Regulation Section 1.285 — Requirements for Use of Isolated Time Out and Physical Restraint, became effective on December 3, 2019 and will remain in effect until April 18, 2020.
 
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The Regulation Requirements:
  • Ban all isolated seclusion practices.
  • Allow time out with a trained adult in the room and with an unlocked door, but only for therapeutic reasons or protecting the safety of students and staff.   
  • Ban physical restraints that could impair a student’s ability to breathe or speak normally, and institute strict parameters on when physical restraint is allowed.
  • Require all educational entities to submit data to ISBE on all instances of physical restraint or time-out used during the current (2019-20) and past two school years (2018-19 and 2017-18).
  • Require all educational entities to submit data to ISBE within 48 hours of any instance of physical restraint or time-out.
  • ​Eliminate the option for parents or guardians to waive notification of instances of physical restraint or time-out. 
  • Issue an advisory notice today to school districts, superintendents, and special education cooperatives reiterating the emergency rules and guidance. 
  • Create a required State form for school districts to use to document and to provide thorough information to parents and guardians when time-out or physical restraint is used. 
  • Add a physical inspection of time-out spaces to the monitoring conducted by Regional Offices of Education. 
  • Issue updated guidance and provide technical assistance to the field on appropriate uses of time-out and physical restraint. 
  • Additionally, the Governor’s Office will file a complaint on behalf of all known cases of isolated seclusion to expedite the investigative process and require a report to be returned within 60 days of the notification. ISBE will make determinations whether the educational entity violated federal or state special education requirements.
Read the regulations in full (PDF).
 
Illinois Emergency Regulation Section 1.285
Photo: BlurryMe / Shutterstock
 
CPI Training Can Help Your School Comply With the Illinois Emergency Regulation Requirements
CPI offers training and resources to help schools meet legislative mandates like the policy requirements set forth in the Illinois Regulation Requirements. Nonviolent Crisis Intervention® training equips staff with techniques for both the prevention of and the safe use of restraint. Our train-the-trainer program helps staff identify underlying causes of student behaviors, and how staff and student behaviors affect each other. The program also emphasizes:
  • Evaluating risk of harm and signs of distress.
  • Documenting incidents.
  • Safer, less restrictive holding skills to be used only as a last resort.
  • Behavioral supports.
  • Implementing evidence-based practices.
Children in special education, including those living with Autism Spectrum Disorder, are a primary driver of and will be greatly impacted by the Illinois Emergency Regulation Requirements. CPI’s Autism Spectrum Disorders: Applications of Nonviolent Crisis Intervention® Training is available to Nonviolent Crisis Intervention® Certified Instructors as an advanced course to offer strategies to more effectively interact with individuals with ASD and deepen the trainings they conduct in their schools.
 
How to Get Training
We can bring the Nonviolent Crisis Intervention® training program on-site to your school, or you can attend training in one of more than 170 public locations throughout the US.
 
How Our Free CPI Alignment Can Give You Peace of Mind—and Help You Comply
For 40 years, CPI has supported educational organizations that strive to provide the safest environment for students, teachers, and staff. We help educational facilities ensure that they comply with new and existing legislation by publishing Alignment documents that help administrators and their legal advisors compare an inventory of what specific legislation requires of them and how CPI training can ensure they comply.  
 
Our Alignment for Illinois Emergency Education Regulation Section 1.285 shows line by line the ways in which CPI Nonviolent Crisis Intervention® Training complies with the new regulation requirements. Our Alignment also assists you in identifying areas that may require a review and/or revision in your school organization’s policies and procedures.
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