Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 1 - PUBLIC SCHOOLS EVALUATION, RECOGNITION AND SUPERVISION › Subpart B - SCHOOL GOVERNANCE › Section 1.285 - Requirements for the Use of Isolated Time Out, Time Out, and Physical Restraint

Current through Register Vol. 48, No. 28, July 12, 2024
Isolated time out, time out, and physical restraint, as
				  defined in this Section, shall be used only when the student's behavior
				  presents an imminent danger of serious physical harm to the student or others,
				  other less restrictive and intrusive measures have been tried and proven
				  ineffective in stopping the imminent danger of serious physical harm,
there is no known medical contraindication to its use on the student,
				  and the school staff members or members applying the intervention have been
				  trained in its safe application under this Section.
(Section
				  10-20.33(b) or 34-18.20(b) of the School Code). Isolated time out, time out, or
				  physical restraint shall not be used as discipline or punishment, convenience
				  for staff, retaliation, a substitute for appropriate educational or behavioral
				  support, a routine safety matter, or to prevent property damage in the absence
				  of imminent danger of serious physical harm to the student or others. In
				  addition to any other remedy provided for in State or federal laws, rules, or
				  regulations, a school district or other entity that violates this Section will
				  be subject to the compliance measures outlined in subsection (k).
a) Isolated Time Out or Time Out
1) "Isolated time out" means the involuntary
				confinement of a student alone in a time out room or other enclosure outside
				the classroom without a supervising adult in the time out room or enclosure.
				Isolated time out is allowed only under limited circumstances. If all other
				requirements under this Section are met, isolated time out may be used only
				when the adult in the time out room or enclosure is in imminent danger of
				serious physical harm because the student is unable to cease actively engaging
				in extreme physical aggression.
2)
				"Time out" means a behavior management technique for the purpose of calming or
				de-escalation that involves the involuntary monitored separation of a student
				from classmates with an adult trained under subsection (i) for part of the
				school day, only for a brief time, in a non-locked setting.
3) "Isolated time out" or "time out" does not
				include a student-initiated or student-requested break, a student-initiated or
				teacher-initiated sensory break, including a sensory room containing sensory
				tools to assist a student to calm and de-escalate, an in-school suspension or
				detention, or any other appropriate disciplinary measure, including a student's
				brief removal to the hallway or similar environment.
4) Any enclosure used for isolated time out
				shall:
A) meet all of the health/life safety
				requirements of 23 Ill. Adm. Code 180;
B) have the same ceiling height as the
				surrounding room or rooms and be large enough to accommodate not only the
				student being placed in isolated time out but also, if applicable, any other
				individual who is required to accompany that student under this
				Section;
C) be constructed of
				materials that cannot be used by students to harm themselves or others, be free
				of electrical outlets, exposed wiring, and other objects that could be used by
				students to harm themselves or others, and be designed so that students cannot
				climb up the walls;
D) be designed
				to permit continuous visual monitoring of and communication with the student;
				and
E) if fitted with a door, be
				fitted with either a steel door or a wooden door of solid-core construction. If
				the door includes a viewing panel, the panel shall be unbreakable. The door
				shall not be fitted with a locking mechanism or be physically blocked by
				furniture or any other inanimate object at any time during the isolated time
				out.
5) Any enclosure
				used for time out shall:
A) meet all the
				health/life safety requirements of 23 Ill. Adm. Code 180;
B) have the same ceiling height as the
				surrounding room or rooms and be large enough to accommodate not only the
				student being placed in time out but also, if applicable, any other individual
				who is required to accompany that student under this Section; and
C) if fitted with a door, be fitted with
				either a steel door or a wooden door of solid-core construction. If the door
				includes a viewing panel, the panel shall be unbreakable. The door shall not be
				locked or be physically blocked by furniture or any other inanimate object at
				any time during the time out.
6) For an isolated time out, an adult who is
				responsible for supervising the student must remain within two feet of the
				enclosure. The supervising staff member must always be able to see, hear, and
				communicate with the student. The door shall not be locked or held to block
				egress. A student in isolated time out shall not be supervised using cameras,
				audio recording, or any other electronic monitoring device.
7) For time out, an adult trained under
				subsection (h) who is responsible for supervising the student must remain in
				the same room as the student at all times during the time out.
8) The deprivation of necessities needed to
				sustain the health of a person is prohibited. A student placed in isolated time
				out or time out must have reasonable access to food, water, medication, and
				toileting facilities. Except in circumstances in which there is a risk of
				self-injury or injury to staff or others, a student in isolated time out or
				time out shall not have clothing removed, including, but not limited to, shoes,
				shoelaces, boots, or belts.