Emergency Rules

IMPORTANT

These are SUPPLEMENTARY forms. They do not replace any of EIASE’s or ISBE’s existing forms to document the use of time out or restraint. These forms must be completed IN ADDITION to EIASE’s and ISBE’s forms.

SUPPLEMENTARY FORMS & INSTRUCTIONS

Since November of 2019, ISBE has published several documents, including emergency rules, which have changed how Illinois schools should utilize time out and restraint procedures. These supplementary forms have been developed to comply with ISBE’s emergency rules and with the guidance of ISBE’s document titled Guidance and Frequently Asked Questions: Emergency Regulations for the Use of Time Out and Physical Restraint. https://www.isbe.net/Documents/Guidance-FAQs-Time-out-Restraint.pdf

Below you will find our brief instructions for each form. The links to the supplementary forms are at the bottom of this page in fillable Word format. Please completely read these instructions before you begin using the forms. If you have further questions please contact your EIASE Associate Director or refer to Emergency Rules and Guidance and Frequently Asked Questions: Emergency Regulations for the Use of Time Out and Physical Restraint for further information.

Form 1) Time-Out | Restraint Meeting Notice

Why This Form Exists:

The ISBE Emergency Amendment to Emergency Rule has amended Illinois Administrative Code Title 23 § 1.285(f)(5) (2019) to state:

When a student experiences three instances of non-therapeutic time out or physical restraint, the school personnel who initiated, monitored, and supervised the incidents shall initiate a review of the effectiveness of the procedures used and prepare an individual behavior plan for the student that provides either for continued use of these interventions or for the use of other, specified interventions. The plan shall be placed into the student’s temporary student record. The review shall also consider the student’s potential need for an alternative program or for special education eligibility, or, for a student already eligible for special education, change in program.

Instructions:

  1. This is for any three instances of non-therapeutic time out or any type of physical restraint.
  2. The school, district, or cooperative must invite the student’s parents to a review and provide 10 days’ notice of its date, time, and location.
  3. The notification must also inform the parents that the student’s potential need for special education, an alternative program, or, for students already eligible for special education, the student’s potential need for a change in program, will be considered and that the results of the review will be entered into the temporary student record,” per 23 IAC 1.285(f)(5)(B), as amended at 43 Ill. Reg. 14319 (eff. 11-20-19).
  4. This review does not require a full IEP or Section 504 team meeting, but the requirements could be met by conducting an IEP or Section 504 meeting, as appropriate.
  5. As with any other meetings, parents may agree to waive the requirement that they attend, may agree to waive the requirement for ten days’ notice, or may agree to waive the meeting altogether. If the parent agrees to waive the meeting altogether, the IEP team or Section 504 team must still conduct their review and complete the required forms for amending the IEP.
  6. The three instances of time out or physical restraint reset once a meeting has been held. Only once an additional three instances have occurred must another meeting be held.
  7. A copy of this completed form shall be attached to the behavior record in Embrace.

Sources:

  1. ISBE FAQ # 33, 34

Form 2) Documentation of Review of Effectiveness of Time Out or Restraint

Why This Form Exists:

The ISBE Emergency Amendment to Emergency Rule has amended Illinois Administrative Code Title 23 § 1.285(f)(5) (2019) to state:

When a student experiences three instances of non-therapeutic time out or physical restraint, the school personnel who initiated, monitored, and supervised the incidents shall initiate a review of the effectiveness of the procedures used and prepare an individual behavior plan for the student that provides either for continued use of these interventions or for the use of other, specified interventions. The plan shall be placed into the student’s temporary student record. The review shall also consider the student’s potential need for an alternative program or for special education eligibility, or, for a student already eligible for special education, change in program.

Instructions:

  1. This form should be used to document the meeting. The instructions for Form 1 apply to Form 2 as well.
  2. A copy of this completed form shall be attached to the behavior record in Embrace.

Sources:

  1. ISBE FAQ # 33, 34

SUPINE FORMS

IMPORTANT:

  1. The ISBE Emergency Amendment to the Emergency Rules allow for the use of supine and prone restraint provided certain conditions are met.
  2. EIASE does not provide training on prone restraint and does not allow prone restraint in our programs.
  3. The following forms apply only to the use of supine restraint.

EIASE’s interpretation of ISBE’s Emergency Rules is that there are two standards for the use of physical restraint. The first standard can be found under 1.285(d)(1) which states,

The use of physical restraint shall be subject to the following requirements:

  1. Pursuant to Section 10-20.33 of the School Code, physical restraint may only be employed when:
  2. the student poses a physical risk to himself, herself, or others
  3. there is no medical contraindication to its use, and
  4. the staff applying the restrain have been trained in its safe application as specified in subsection (i)(2) of this Section.

The second standard is found in 1.285(b). The language of this section provides a definition of physical restraint. This definition specifically states that prone and supine restraints are not permitted unless seven specific additional criteria are met. The second criteria in the list states that in order to utilize a prone or supine restraint, the situation must be determined to be an emergency, which is defined as a situation in which immediate intervention is needed to protect a student from imminent danger of causing serious physical harm to himself, herself, or others and less restrictive and intrusive interventions have been tried and proven ineffective in stopping the imminent danger. It is clear that the standard of immediate danger of causing serious physical harm is a different definition and a higher standard than poses a physical risk. EIASE interprets this to mean that while any physical restraint should only be utilized as a last resort, there is a higher and more specific standard for the use of prone and supine restraints, therefore these types of restraints should be considered a last and final option of last resorts. 1.285(b) states: (emphasis added)

"Physical restraint" means holding a student or otherwise restricting the student’s movements. "Physical restraint" as permitted pursuant to this Section includes only the use of specific, planned techniques (e.g., the "basket hold" and "team control"). A physical restraint shall not impair a student’s ability to breathe or speak normally. Prone or supine physical restraint shall not be permitted, except if all of the following criteria are met:.

  1. Before using a prone or supine physical restraint, the school district or other entity serving the student shall review and determine if there are no known medical or psychological limitations that contraindicate the use of a prone or supine restraint.
  2. The school district or other entity serving the student deems the situation an emergency, defined as a situation in which immediate intervention is needed to protect a student or other individual from imminent danger of causing serious physical harm to himself, herself, or others and less restrictive and intrusive interventions have been tried and proven ineffective in stopping the imminent danger.
  3. Prone or supine physical restraint is used in a manner that does not restrict or impair a student's ability to breathe or communicate normally, obstruct a student's airway, or interfere with a student's primary mode of communication.
  4. Prone or supine physical restraints are used only by personnel with required credentials who have completed required training under this Section.
  5. Prone and supine restraints are used only if those interventions are the least restrictive and intrusive interventions to address the emergency and stop the imminent danger of serious physical harm to the student or others. During each incident, one school staff person trained in identifying the signs of distress must be assigned to observe the student during the entire incident. That staff person may not be involved in the physical holding of the student. The number of staff involved in physically restraining the student may not exceed the number necessary to safely hold the student.
  6. The prone or supine physical restraint ends immediately when the threat of imminent serious physical harm ends, but in no event shall prone or supine physical restraint last longer than 30 minutes. If, after 30 minutes, the emergency has not resolved or if an additional emergency arises the same school day that meets the standards under subsection (b)(2), a school administrator, in consultation with a psychologist, social worker*, nurse**, or behavior specialist*** may authorize the continuation of the restraint or an additional prone or supine restraint. No restraint may be continued nor may additional restraints be applied unless it is authorized by a school administrator.
  7. If the student is restrained in a prone or supine physical restraint in at least 2 separate instances within a 30-school day period, the school personnel who initiated, monitored, and supervised the incidents shall initiate a review of the effectiveness of the procedures used. If the personnel involved in the restraints do not include a psychologist, social worker*, nurse**, or behavior specialist***, at least one of those staff members must be included in the review. The review must include, but is not limited to:
    1. conducting or reviewing a functional behavioral analysis, reviewing data, considering developing additional or revised positive behavioral interventions and supports, considering actions to reduce the use of restrictive procedures, or, if applicable, modifying the individualized educational program or the behavior intervention plan, as appropriate; and
    2. reviewing any known medical or psychological limitations that contraindicate the use of a restrictive procedure, considering whether to prohibit that restrictive procedure, and, if applicable, documenting any prohibition in the individualized education program or behavior intervention plan.

Supine 1) - Review of Known Medical or Psychological Limitations

Why This Form Exists:

The ISBE Emergency Amendments of Illinois Administrative Code Title 23 § 1.285(b)(1) (2019) states:

Before using a prone or supine physical restraint, the school district or other entity serving the student shall review and determine if there are no known medical or psychological limitations that contraindicate the use of a prone or supine restraint.

Instructions:

  1. EIASE requires that this review process must take place at least annually for any student who may need to have prone or supine restraint included in their crisis management plan.
  2. This review should be conducted more frequently as new medical or psychological information is learned about the student.
  3. The information for this review may be obtained from items such as updated social developmental studies, medical reviews, IEP health information, and parent provided physician reports. A copy of this completed form shall be attached to the behavior record in Embrace.

Supine 2) - Documentation of Emergency & Interventions

Why This Form Exists:

The ISBE Emergency Amendments of Illinois Administrative Code Title 23 § 1.285(b)(2) (2019) states:

The school district or other entity serving the student deems the situation an emergency, defined as a situation in which immediate intervention is needed to protect a student or other individual from imminent danger of causing serious physical harm to himself, herself, or others and less restrictive and intrusive interventions have been tried and proven ineffective in stopping the imminent danger.

Instructions:

  1. In the event that a supine restraint is used, the trained the employee who deemed the situation an emergency which is defined as, “imminent danger of causing serious physical harm to himself, herself, or others” must complete the following form.
  2. This individual must also document what less restrictive and intrusive interventions have been tried and proven ineffective in stopping the imminent danger.
  3. A copy of this completed form shall be attached to the behavior record in Embrace.

Supine 3) - Signs of Distress

Why This Form Exists:

The ISBE Emergency Amendments of Illinois Administrative Code Title 23 § 1.285(b)(5) (2019) states:

Prone and supine restraints are used only if those interventions are the least restrictive and intrusive interventions to address the emergency and stop the imminent danger of serious physical harm to the student or others. During each incident, one school staff person trained in identifying the signs of distress must be assigned to observe the student during the entire incident. That staff person may not be involved in the physical holding of the student. The number of staff involved in physically restraining the student may not exceed the number necessary to safely hold the student.

Instructions:

  1. EIASE requires that during each prone or supine restraint one school staff person who has been trained in identifying the signs of distress through Therapeutic Crisis Intervention must observe the entire incident.
  2. This staff person may not be involved in the physical holding of the student.
  3. In the event this staff person observes that the student is experiencing distress, they must instruct staff to immediately cease the restraint and obtain medical assistance.
  4. A copy of this completed form shall be attached to the behavior record in Embrace.

Supine 4) - Duration & Frequency Report

Why This Form Exists:

The ISBE Emergency Amendments of Illinois Administrative Code Title 23 § 1.285(b)(6) (2019) states:

The prone or supine physical restraint ends immediately when the threat of imminent serious physical harm ends, but in no event shall prone or supine physical restraint last longer than 30 minutes. If, after 30 minutes, the emergency has not resolved or if an additional emergency arises the same school day that meets the standards under subsection (b)(2), a school administrator, in consultation with a psychologist, social worker*, nurse**, or behavior specialist*** may authorize the continuation of the restraint or an additional prone or supine restraint. No restraint may be continued nor may additional restraints be applied unless it is authorized by a school administrator.

Instructions:

  1. In the event that any physical restraint exceeds 15 minutes, staff must comply with the rules of 23 § 1.285(f)(4) and complete a Duration Report in Embrace.
  2. In addition, in the event that a prone or supine physical restraint lasts longer than 30 minutes, a school administrator must complete this form as well as the Embrace Duration Report.
  3. In the event that an additional emergency arises during the same school day that meets the standards under subsection (b)(2), a school administrator must complete this form in consultation with a psychologist, social worker*, nurse**, or behavior specialist*** in order to authorize an additional prone or supine restraint.
  4. The decision of the administrator is final. However, EIASE requires that any psychologist, social worker*, nurse**, or behavior specialist*** consulted state if they agree with the decision on page 2.
  5. Anyone who was consulted that does not agree with the decision should provide a written explanation of their reason for the disagreement to the school administrator within 10 days of the event.
  6. A copy of this completed form shall be attached to the behavior record in Embrace.

Supine 5) Documentation of Review of Effectiveness

Why This Form Exists:

The ISBE Emergency Amendments of Illinois Administrative Code Title 23 § 1.285(b)(7) (2019) states:

If the student is restrained in a prone or supine physical restraint in at least 2 separate instances within a 30-school day period, the school personnel who initiated, monitored, and supervised the incidents shall initiate a review of the effectiveness of the procedures used. If the personnel involved in the restraints do not include a psychologist, social worker*, nurse**, or behavior specialist***, at least one of those staff members must be included in the review. The review must include, but is not limited to:

  1. conducting or reviewing a functional behavioral analysis, reviewing data, considering developing additional or revised positive behavioral interventions and supports, considering actions to reduce the use of restrictive procedures, or, if applicable, modifying the individualized educational program or the behavior intervention plan, as appropriate; and
  2. reviewing any known medical or psychological limitations that contraindicate the use of a restrictive procedure, considering whether to prohibit that restrictive procedure, and, if applicable, documenting any prohibition in the individualized education program or behavior intervention plan.

Instructions:

  1. The review required by 23 IAC 1.285(b)(7) does not require a full IEP team meeting; however, the requirements could be met by conducting an IEP meeting, as appropriate.
  2. In addition to this form, this meeting will also require EIASE’s form titled Supine - Review of Known Medical or Psychological Limitations be completed.
  3. A copy of both completed forms shall be attached to the student record in Embrace.

* Although this Administrative Code specifies a social worker, EIASE understands that under the regulations, a school counselor can generally do anything a social worker can do. Therefore, EIASE allows school counselors to fulfill this requirement.

** LPN, RN, or Licensed School Nurse

*** This means a Learning Behavior Specialist 1