Final Regulations on the Use of Time Out, Isolated Time Out, and Physical Restraint and Corresponding ISBE Guidance (June 22, 2020)

Given the understandable focus on remote learning during the COVID-19 pandemic, many school districts and special education cooperatives have not been aware that effective April 9, 2020, final regulations on the use of time out, isolated time out, and physical restraint in Illinois schools were adopted. With one significant exception, the final rules are substantively identical to the final proposed rules adopted on February 18, 2020. A summary of the final rules with highlights of changes made by ISBE and the Joint Committee on Administrative Rules (“JCAR”) on April 9, 2020 is laid out below. In addition, attached to this update you will find the ISBE’s Permanent Regulations for the Use of Time Out, Isolated Time Out, and Physical Restraint: Guidance and Frequently Asked Questions document (“Guidance and FAQs”), which was released this morning. Click here to read our full legal update.