UPDATED: Seclusion Updates & Resources

Blog last updated on March 1, 2020 at 1:00 p.m.

The Original Articles

1. The Quiet Rooms - from Pro Publica/ Chicago Tribune (Click Here)
2. The federal government collects data on how often schools seclude children. The numbers don’t add up - from Pro Publica/ Chicago Tribune (Click Here)
3. How we reported this story: Creating a first-ever database of thousands of seclusion incidents in Illinois from Pro Publica/ Chicago Tribune (Click Here)
4. ‘A mean place’: One school. 21 abuse investigations. And the struggle to stop relying on seclusion and restraint. from Pro Publica/ Chicago Tribune (Click Here)
5. The Takedown:  Illinois allows schools to physically restrain children. But workers often violated the rules in dangerous ways. from Pro Publica/ Chicago Tribune (Click Here)

Legislative Information

• Thoughts from Rep. Jonathan Carroll (Click Here)
• Proposed Legislation:
• SB 2315 - Senator Gillespie (Click Here)
• HB 3975 - Rep. Carroll (Click Here)
• HB 5326 - Rep. Crespo (Click Here)

Information from ISBE

• Weekly Message from State Superintendent of Schools (Click Here)
• News Release from ISBE (Including Steps for ALL schools to take) (Click Here)
• Emergency Rule making (Click Here)
• Letter from ISBE regarding the new rules (Click Here)
• Comments from State Superintendent at State Board of Education Meeting (Click Here)
• 12/4/2019 - Emergency Amendment to Rules (Click Here) |  News Release (Click Here)
• 12/09/2019 - Proposed Permanent Rule (Click Here)
• 01/02/2020 - Guidance Document (Click Here) (Link removed - see updated version below)
• 02/25/2020 - Updated Emergency Rules (third round here) (Click Here)
• 02/25/2020 - Final Rules - sent to JCAR (Click Here)
• 03/01/2020 - Updated Guidance Document (Click Here)
• 03/01/2020 - Updated ISBE Required Form for Reporting Physical Restraint (Click Here)

Guidance and Interpretation from Law Firms

• Engler, Callway, Baasten, & Sraga (Click Here) |  Additional Info (Click Here)

• Franczek - (Click Here)   |  Interpretation - (Click Here)   |  Additional Info (Click Here)  Additional Info (Click Here)

• Hauser, Izzo, Gleason, Petrarca, & Stillman (Click Here)  |  Additional Info (Click Here)

• Hodges, Loizzi, Eisenhammer, Rodick, & Kohn  - (Click Here)  |  12/4/2019 - Updated (Click Here)  |  2/26/20 Update (Click here)

• Kriha Boucek (Click Here)

• Miller, Tracy, Braun, Funk, & Miller (Click Here)  |  Interpretation  (Click Here)   |  Updated Information (Click Here)

• Robbins Schwartz (Click Here)

News Articles and Follow Ups

11/21/2019

• Illinois to take emergency action to halt isolated timeouts in schools - Chicago Tribune (Click Here)
• State school board to make emergency rule changes in response to isolation room report - Capitol News (Click Here)
• After report, Illinois officials vow to stop punishing students with solitary confinement - Washington Post (Click Here)

11/22/2019 

• Isolated timeouts have been temporarily banned in Illinois schools. What’s next? - Chicago Tribune (Click Here)
• ISBE Asks Families To Report Seclusion, Restraint - NPR (Click Here)

12/5/2019

• A Dreaded Part Of Teachers' Jobs: Restraining And Secluding Students - NPR (Click Here)
• Illinois amends emergency rules, will temporarily allow children to be physically restrained in positions it had banned - Chicago Tribune (Click Here)
• ISBE Rolls Back Restraint Rules - NPR (Click Here

12/11/2019

• Commentary: Limiting use of school ‘quiet rooms’ is not enough. Teachers need training and support. - Chicago Tribune (Click Here)

12/17/2019

• As State Rethinks Isolation Rooms, Some Parents Express New Concerns - Chicago Tonight (WTTW) - (Click Here)

01/15/2020

• Illinois Lawmakers Are Calling for a Nationwide Ban on Isolated Timeouts of Students (Pro Publica) - (Click Here)
• Letter from Members of Congress to Secretary Devos on Restraint and Seclusion (Click Here)

02/18/2020

• Illinois Adopts Stricter Rules Against Secluding and Physically Restraining Students in Schools (Pro Publica) - (Click Here)

Resources from IAASE and Other Organizations

• Comments from Kevin Rubenstein at State Board of Education Meeting (Click Here)
• IAASE Comments on Emergency Rules (Click Here)
• CASE Policy on Restraint and Seclusion (Click Here)
• CEC Policy on Restraint and Seclusion (Click Here)
• How Safe Is the Schoolhouse? An Analysis of State Seclusion and Restraint Laws and Policies (Click Here)
• Comments on Proposed Permanent Rules from IAASE (Click Here)

Resources from the Federal Government

• 2012 Restraint and Seclusion: Resource Document (Click Here)
• 2016 Dear Colleague Letter from OCR on Restraint and Seclusion (Click Here)
• 2020 OCR and OSERS Technical Assistance Webinar (Click Here)

Helpful Infographic from Illinois Council of School Attorneys

Federal Budget Update

Nearly three months after the start of Fiscal Year (FY) 2020, Congress and the White House have reached an agreement on spending bills and begun to move forward with approving the measures. The 12 spending bills have been broken into two packages, or “minibuses.” The deal honors the $49 billion in increased funding that was agreed to under a bipartisan budget deal signed into law in July. Education spending will get a $1.3 billion increase, reaching a total of $72.8 billion in discretionary funding for the U.S. Department of Education (ED).

All of the programs that CASE and CEC advocates on behalf of saw an increase. Details are as follows:

• Individuals with Disabilities Education Act (IDEA) Grants to States Program (Part B) will receive a $400 million increase, for a total of $12.76 billion.
• IDEA Infants and Toddlers with Disabilities Program (Part C) will receive a $7 million increase, for a total of $477 million.
• IDEA Preschool Program (Part B Section 619) will receive a $3 million increase, for a total of $394 million.
• IDEA National Activities (Part D) will receive a $6.5 million increase, for a total of $250 million.
• National Center for Special Education Research, within the Institute for Education Sciences will receive a $500,000 increase, for a total of $56.5 million.
• Title I will receive a $450 million increase for a total of $16.3 billion in funding.
• Title II-A will receive an increase of $76 million for a total of $2.1 billion in funding.
• Title IV-A will receive an increase of $40 million for a total of $1.2 billion in funding.

Additionally, the bill includes language that instructs the ED and other agencies on matters pertaining to CASE and CEC’s policy priorities. A few examples are:

Jacob K. Javits Gifted and Talented Program: Congress requests ED to use funds to “increase the number of grants that assist schools in the identification of, and provision of services to, gifted and talented students who may not be identified and served through traditional assessment methods, such as children with disabilities, English learners, children of color, and economically disadvantaged students.”

Special Education Teacher Shortages: Congress requests a report from the Government Accountability Office on “…factors contributing to school districts' challenges with teacher recruitment and retention.” The report is to also include a review and analysis of challenges with recruitment and retention of “special education teachers, paraprofessionals, and teacher aides; the extent to which licensure requirements are waived or modified to address shortages; and geographic and demographic characteristics of districts facing the greatest challenges or shortages, including rural and urban areas,” and to make recommendations on “potential Federal interventions to improve teacher recruitment and retention.”

Medicaid: Congress advises the Office of Special Education and Rehabilitative Services to coordinate with the Centers for Medicare and Medicaid Services to provide technical assistance to reduce administrative barriers for providing health services in coordination with schools.

On Tuesday, the U.S. House of Representatives advanced the two minibuses. The Senate is expected to clear the spending measures and President Trump is expected to sign them into law before the current spending deal expires at midnight on December 20.

Congratulations to the field for its continued pressure on appropriators to increase spending for students with exceptionalities. Your ongoing advocacy is critical, and we thank you for your hard work.

Read the Labor-H bill here.
Read the Labor-H report here.

CASE and CEC: Principles for SLD Eligibility: Practice & Policy Considerations for States and School Districts

On Monday, CASE and CEC jointly released Principles for SLD Eligibility: Practice & Policy Considerations for States and School Districts. The resources in this three-part series highlight policy and practice considerations that can support the implementation of previously released joint principles and encourage districts to move toward high-quality identification and evaluation processes. The topics include:

A Comprehensive Evaluation for a Child Suspected to Have SLD
Selective Use of Data on Cognitive Assessments Within an Evaluation
Effective Use of Instructional Response Data in an Evaluation

The resources offer strategies to states for improving identification of specific learning disabilities (SLD), without endorsing a single method. Regardless of the model they use, the papers encourage states and districts to engage in continuous evaluation and improvement of their practices and policies in an effort to eliminate inconsistency, decrease frustration, improve collaboration, and better serve students.

Other organizations collaborating on the papers include the National Center for Learning Disabilities, Council of Administrators of Special Education, Divisions for Learning Disabilities, the Council for Learning Disabilities, the National Association of School Psychologists, and the National Association of State Directors of Special Education.

The new resources can be found here.

NPR Series focuses on Residentially Placed Students

The NPR affiliate in Springfield, 91.5 WUIS, is running a series this week on students with disabilities who are placed outside of the state.  The series, titled "Far From Home: Students With Special Needs Sent Out Of State" sheds light on a series of issues associated with students with students who are in residential placements.

 

Part I  - 12/16/2019
Part II - 12/17/2019 - Who Pays for Out of State Placements?
Part III - 12/18/2019 - Utah Makes Millions On 'Troubled Teens'
Part IV - 12/19/2019 - Teens Get A (Literal) Wake-Up Call

Retiring at the end of the year? Let us know!

IAASE is seeking information regarding members who will be retiring during or at the end of the 2019-2020 school year.

Please Respond by January 30, 2020 

IAASE wants to honor all 2020 retirees at the IAASE Winter Conference on February 27, 2020 in Springfield.

If you are an IAASE member (or a former member) and are retiring this year OR you know an IAASE member who is retiring PLEASE submit the retiree's name, district/cooperative, job title, and a digital picture of the retiree to Norma Gerrish at ngerrish@iaase.org by January 30, 2020.

Your help is greatly appreciated as we don't want to leave anyone out!

Volunteers Needed: ILTS for Director of Special Education Test and SLP Non Teaching Committee Volunteers

ISBE is recruiting for volunteers to assist with ILTS revision, s including the Director of Special Education Test and SLP non- teaching test.  Some of our members were involved last year and several are willing to serve again.  The work will take place during the week of February 17, 2020 in conjunction with the Illinois State Board of Education, Pearson, and others.  If you are interested in helping out, please complete this application.  If you would like to nominate a specific educator, please click here and an application will be sent to that person.

Additionally, you can nominate people in any of the following areas:

• Arabic
• Biology
• Chemistry
• Director of Special Education
• Drama/Theatre Arts
• Earth and Space Science
• Environmental Science
• Korean
• Physics
• Speech Language Pathologist – Non teaching
• Visual Arts

Should you have any questions or concerns, please feel free to reach out to the IAASE Personnel and Licensure Committee Chairs (Andrea Dinaro - Andrea.Dinaro@cuchicago.edu or Linda Lennoff - lindalenoff@gmail.com).

OSEP Seeks Feedback on Attracting & Retaining Teachers

As part of its continued efforts to improve the ability to attract, prepare, and retain effective personnel for children with disabilities, the U.S. Department of Education’s Office of Special Education Programs (OSEP) is seeking targeted input from many stakeholders across the State and local levels.

One of the most important stakeholder groups is people who work in schools (and especially people who work with students with disabilities - teachers, administrators, HR professionals, etc.)

Make your voice heard by filling out this 5-question survey to help support special educators and make a positive impact for our profession and for the children you serve. Your responses will be used to help inform and guide improvements in this critical area.

Click here to take the OSEP Survey

ACTION: Federal Funding Call In Days - Thursday and Friday

CASE is a member of a coalition, Committee for Education Funding (CEF) and they are wanting all of our members to call the House on Thursday, Dec 5 and the Senate on Dec 6. There are several great resources from them for you to use. Script and directions, and Twitter addresses. I have also added images on Education Funding Chart and Poll on Public opinion that may be helpful. At a minimum, you should call in to the House and Senate, but it would be really great if you could at least get your executive committee/board/officers to do the same!

Register Now - CEC in Portland, Oregon

We do hope you are making plans to attend CEC in Portland, Feb 5-8, 2020--and encourage your members to attend CEC. This is a great chance for you to send some of your teachers to an international conference. It could make the difference in them staying in the field! CEC has great resources on Teacher and Administrator attendance tool kits. Check them out and pass this information on to your members!

Registration for CASE Night will be going on sale soon. We have a tentative CASE Events list and the CASE Night Flyer for you to look at and share. I will let you know through my weekly update when the CASE Night tickets are on sale.

Upcoming Medicaid Webinar: Medicaid Billing for School Psychologists and Social Workers

This webinar will cover Medicaid eligible services for School Psychologists and Social Workers as identified in the IL Medicaid U-200 manual. Other topics that will be addressed include a review of ICD-10 codes, parental consent, management of service minutes (units), and service alignment and documentation relating to IEP goals. This webinar will be recored and accessible on the IAASE and Embrace websites.

Date:

Tuesday, December 17, 2019

Time:

2:00 PM

Registration Link:

https://zoom.us/meeting/register/u5Escuuuqj0jg3mfdZi-44sdrWKG99y3RA

Sponsored by: