News & Analysis as of

Restraints

Franczek P.C.

Important Upcoming Restraint, Time Out, and Isolated Time Out Deadlines

Franczek P.C. on

As the 2022-2023 school year draws to a close, the deadline to submit Physical Restraint, Time Out and Isolated Time Out (RTO) Plans for the 2023-2024 school year, as well as progress reports for the 2022-2023 school year, is...more

Franczek P.C.

ISBE Releases Isolated Time Out, Time Out, and Physical Restraint Reduction Plan Template and Due Date

Franczek P.C. on

Public Act 102-0339 requires each school district’s time out and physical restraint oversight team to develop a plan for reducing and eventually eliminating the use of isolated time out, time out, and physical restraint in...more

Franczek P.C.

ISBE Releases New Rules and Goals & Benchmarks Regarding Use of Isolated Time Out, Time Out, and Physical Restraint

Franczek P.C. on

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

Franczek P.C.

Illinois Legislature Passes Bill Further Restricting Time Out and Physical Restraint

Franczek P.C. on

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

Franczek P.C.

Physical Restraint and Time Out Update

Franczek P.C. on

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

Franczek P.C.

Proposed State and Federal Legislation Would Further Reduce Physical Restraint and Time Out in Schools

Franczek P.C. on

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

Franczek P.C.

What Will a Biden-Harris Administration Mean for Special Education?

Franczek P.C. on

While much of the talk about Biden’s education agenda has quickly turned to who he will appoint to replace Betsy DeVos and how he will manage the COVID-19 pandemic, both critical issues for sure, we wanted to highlight...more

Franczek P.C.

Key Elements of ISBE’s Permanent Rules on Isolated Time Out, Time Out, and Physical Restraint

Franczek P.C. on

Schools planning for students to return to campus in person this fall are confronting many significant challenges, including how to support students who may need physical restraint while also maintaining safe practices to...more

Franczek P.C.

ISBE Adopts Permanent Rules on Isolated Time Out, Time Out, and Physical Restraint

Franczek P.C. on

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

Franczek P.C.

Isolated Time Out is Back (for now): ISBE Issues Revised Guidance and Reporting Form After Second Amendment to Emergency Rules on...

Franczek P.C. on

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

Franczek P.C.

The Changes Keep Coming: Second Amendment to Emergency Rules Permits Isolated Time Out

Franczek P.C. on

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

Franczek P.C.

ISBE Approves Revised Proposed Rules on Physical Restraint and Time Out

Franczek P.C. on

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

Franczek P.C.

Key Takeaways From ISBE’s Guidance and FAQ on Time Out and Physical Restraint Emergency Rules

Franczek P.C. on

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

Franczek P.C.

What Do ISBE’s Proposed Permanent Rules on Time Out and Physical Restraint Mean for Your School?

Franczek P.C. on

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

Franczek P.C.

ISBE Amends Emergency Rules on Time Out and Physical Restraint

Franczek P.C. on

In response to outcry from educators in and outside of Illinois about the legitimate need to use prone and supine restraint for certain diverse learners and the lack of notice to allow teams to identify alternative...more

Franczek P.C.

Update on ISBE’s Emergency Rules for the Use of Seclusion and Restraint

Franczek P.C. on

As we previously reported, effective immediately, school districts must comply with ISBE emergency rules for the use of seclusion and restraint....more

Franczek P.C.

Three Things to Know About ED’s New Focus on Restraint and Seclusion

Franczek P.C. on

Most changes we’ve seen from the U.S. Department of Education (Department) these past two-and-a-half years have dealt with sex, gender, race, color, and national origin—not disability—and most have reduced federal oversight,...more

Seyfarth Shaw LLP

California State Court Rules that NCAA “Show Cause” Penalty Constitutes an “Unlawful Restraint” Under California Law

Seyfarth Shaw LLP on

On October 9, Los Angeles County Superior Court Judge Frederick Shaller confirmed his tentative decision weeks earlier that the “show cause” penalty in the NCAA’s bylaws violates California law....more

Hogan Lovells

Straight Talks: Autonomous regulations around the world

Hogan Lovells on

With autonomous cars creating historic disruption in the automotive industry, some countries are reassessing regulations while trying to seize market leadership. Policymakers and industry players in the U.S. are collaborating...more

Tucker Arensberg, P.C.

Personal Care Home Had No Duty to Restrict Resident’s Movements

Several days ago, the Pennsylvania Superior Court issued a non-precedential decision in the case of Hackenburg v. Grane Healthcare Co. In this matter, a resident of a personal care home (Amber Terrace) was struck and killed...more

Pullman & Comley - School Law

Feds Revive Efforts to Regulate Seclusion and Restraint

On February 12, 2014 the United States Senate’s Health, Education, Labor and Pensions [“HELP”] Committee released the results of its investigation into the use of restraint and seclusion in schools. Entitled Dangerous Use of...more

K&L Gates LLP

New Reporting Requirements for Incidents of Student Restraint or Isolation in Washington Public Schools

K&L Gates LLP on

During the 2013 Legislative Session, the Washington State Legislature passed Engrossed Substitute House Bill 1688 (“ESHB 1688”), creating several new requirements for public school districts that utilize restraint or...more

Morgan Lewis

UK Supreme Court Clarifies Power to Restrain Foreign Proceedings

Morgan Lewis on

Court holds that English courts may grant an anti-suit injunction when foreign proceedings are brought in violation of an English law arbitration agreement, even where no arbitration is contemplated or underway....more

Bilzin Sumberg

“JOLT” Act Seeks To Lessen U.S. Travel Restrictions For Brazilians, Canadians

Bilzin Sumberg on

While Canadians still comprise the number one group of foreign buyers of real estate statewide in Florida, América Economía is now reporting that Brazilians have surpassed Canadians as the top overseas visitors and property...more

K&L Gates LLP

Non-Party Employer Made to Pay Costs in Restraint Litigation

K&L Gates LLP on

On 1 May 2013, the Supreme Court of New South Wales handed down judgment in HRX Pty Ltd v Scott [2013] NSWSC 451 (HRX v Scott). In doing so, the Court sent a clear message to employers about the risks associated with...more

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