Update on ISBE Regulation on the Use of Time Out, Isolated Time Out, and Physical Restraint (February 25, 2020)

As you are likely aware, on February 18, 2020 the Illinois State Board of Education (ISBE) adopted final proposed rules on the use of time out and physical restraint in Illinois schools.  While many of the final provisions are identical to the requirements imposed by the original (11/20/19) and amended (12/4/19) emergency rules, the ISBE did make a few significant changes in the final proposed rules.  The final proposed rules will now be considered by the Joint Committee on Administrative Rules (“JCAR”), whose next meeting is March 18, 2020.  If JCAR certifies that it has no objection to the final proposed rules, they will be sent to the Secretary of State to be filed and would then go into effect (likely sometime between March 18th, the date that JCAR is expected to approve them, and April 18th, the date that the emergency regulations expire). To view a summary of the final proposed rules, highlighting changes from the emergency rules, see our full legal update here.