The Office of the Illinois Attorney General and the Illinois State Board of Education (ISBE) recently issued new non-regulatory guidance to assist public K-12 school districts with applying student discipline policies in a...more
In Illinois, as universal masking is fading, the next question looms: what will the end of universal masking mean for staff and students with disabilities who are at high risk? Across the county, issues regarding universal...more
2/24/2022
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disabilities ,
Educational Institutions ,
Free Appropriate Public Education (FAPE) ,
Health and Safety ,
IDEA ,
Illinois ,
Infectious Diseases ,
Masks ,
Policies and Procedures ,
Reasonable Accommodation ,
Section 504 ,
Students ,
Teachers ,
Workplace Safety
Governor Pritzker recently signed Public Act 102-0676 (HB 1975) into law, which addresses sexual abuse prevention in schools. The new law is intended to address staff-student boundaries and appropriate professional conduct,...more
1/26/2022
/ Child Abuse ,
Child Protection Laws ,
Code of Conduct ,
Crime Victims ,
Educational Institutions ,
Governor Pritzker ,
Minor Children ,
New Regulations ,
Policies and Procedures ,
Public Acts ,
School Districts ,
Sexual Abuse ,
Sexual Assault ,
Sexual Conduct ,
Vulnerable Victims
Over the summer, we reported on the passage of Public Act 102-0339, which aims to reduce and the use of time out, isolated time out, and physical restraint (referred to herein as “restrictive interventions”) in schools. ...more
1/26/2022
/ Child Abuse ,
Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Health and Safety ,
ISBE ,
Policies and Procedures ,
Public Acts ,
Regulatory Requirements ,
Restraints ,
Rulemaking Process ,
Students
On May 30, 2021, the Illinois legislature passed HB219, which will further restrict the use of time out and physical restraint in Illinois schools. The legislation will take effect upon signature by Governor Pritzker. You may...more
6/3/2021
/ Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Individualized Education Programs (IEPs) ,
ISBE ,
Legislative Agendas ,
Policies and Procedures ,
Regulatory Oversight ,
Regulatory Standards ,
Restraints ,
Special Education ,
Students
Prior to winter break, we wrote about proposed legislation that would further limit the use of physical restraint and time out in Illinois schools. While many expected the bill to pass during the lame duck session earlier...more
Over the past year, the use of physical restraint and seclusion in schools has come under increased scrutiny. While ISBE issued emergency rules at the end of last November, followed by a series of updates and then final...more
12/2/2020
/ Child Abuse ,
Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Individualized Education Programs (IEPs) ,
ISBE ,
Policies and Procedures ,
Regulatory Requirements ,
Restraints ,
Rulemaking Process ,
State and Local Government ,
Students
Last fall, in response to serious concerns raised about the use of isolated time out and physical restraint in schools, ISBE issued emergency rules to limit the use of those behavior management techniques. ...more
Last week, ISBE reversed course on isolated time out. After initially banning the practice in late November 2019, ISBE heard from many stakeholders that having a staff member in a time out room with an escalated student was...more
3/3/2020
/ Child Abuse ,
Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Emergency Rule ,
ISBE ,
New Guidance ,
Policies and Procedures ,
Restraints ,
Risk Management ,
Rulemaking Process ,
State and Local Government ,
State Bans ,
Students
On February 25, 2020, ISBE posted a second amendment to its emergency rules governing physical restraint and time out. This new amendment, which is effective immediately, is the most recent development in ISBE’s attempts to...more
2/26/2020
/ Child Abuse ,
Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Emergency Rule ,
ISBE ,
Policies and Procedures ,
Restraints ,
Risk Management ,
Rulemaking Process ,
State and Local Government ,
State Bans ,
Students
From federal guidance addressing FERPA and the School Safety Commission Report and DOE withdrawal of discipline guidance to Illinois law requiring threat assessment teams and the creation of the Illinois Educational Safety...more
2/26/2020
/ Best Practices ,
Department of Education ,
Department of Health and Human Services (HHS) ,
Educational Institutions ,
Policies and Procedures ,
Public Safety ,
Safety Management Systems ,
Safety Precautions ,
Safety Standards ,
School Safety ,
Students ,
Threat Management ,
Trump Administration
On February 18, 2020, ISBE approved revised proposed rules related to the use of physical restraint and time out in schools. The revised proposed rules follow ISBE’s receipt and review of over three hundredb comments on...more
2/20/2020
/ Child Abuse ,
Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Health and Safety ,
ISBE ,
Policies and Procedures ,
Regulatory Requirements ,
Reporting Requirements ,
Restraints ,
Risk Management ,
Rulemaking Process ,
State and Local Government ,
Students ,
Training Requirements
After receiving and reviewing questions and concerns from stakeholders regarding the practical implications of its emergency rules on the use of time out and physical restraint, the Illinois State Board of Education (“ISBE”)...more
1/10/2020
/ Child Abuse ,
Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Emergency Rule ,
ISBE ,
New Guidance ,
Policies and Procedures ,
Restraints ,
Risk Management ,
Rulemaking Process ,
State and Local Government ,
State Bans ,
Students
Within the last few weeks, there have been significant changes to the Illinois State Board of Education (“ISBE”) rules regarding time out and physical restraint. First, ISBE issued emergency rules, then it...more
1/10/2020
/ Child Abuse ,
Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Emergency Rule ,
ISBE ,
Policies and Procedures ,
Restraints ,
Risk Management ,
Rulemaking Process ,
State and Local Government ,
State Bans ,
Students ,
Training Requirements
As we previously reported, effective immediately, school districts must comply with ISBE emergency rules for the use of seclusion and restraint....more
11/22/2019
/ Child Abuse ,
Cooperative Compliance Regime ,
Dear Colleague Letter ,
Disciplinary Proceedings ,
Education Reform ,
Educational Institutions ,
Emergency Rule ,
ISBE ,
Policies and Procedures ,
Restraints ,
Risk Management ,
Rulemaking Process ,
State Bans ,
Strict Compliance ,
Students
On August 23, 2019, Governor Pritzker signed into law Public Act 101-531 (Act) which puts into place a number of measures aimed at increasing student safety....more
9/25/2019
/ Charter Schools ,
Child Abuse ,
Criminal Convictions ,
Disciplinary Proceedings ,
Educational Institutions ,
Failure to Report ,
Felons ,
Hiring & Firing ,
Internal Investigations ,
ISBE ,
License Suspensions ,
Licensing Rules ,
New Legislation ,
Policies and Procedures ,
Professional Development ,
Public Acts ,
Reporting Requirements ,
Safety Standards ,
Sex Offenders ,
State and Local Government ,
Students
The 180-page report of the Federal Commission on School Safety is out, and garnering significant media attention. ...more
Starting on August 1st, students with medical marijuana cards may be administered cannabis products at school.
Known as Ashley’s Law, the School Code now allows students to be given medical cannabis infused products at...more
8/10/2018
/ Charter Schools ,
Decriminalization of Marijuana ,
Educational Institutions ,
Healthcare ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Policies and Procedures ,
Private Schools ,
Public Schools ,
State and Local Government ,
Students
The Illinois regulations related to special education were recently revised, effective January 13, 2016. Many of the changes clarify language or remove provisions specifically applicable to prior years. Additionally,...more