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

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).

ISBE - Employer’s TRS Contribution on Federally Funded Salary for Summer Activities

Employer’s TRS Contribution on Federally Funded Salary for Summer Activities

The Teachers’ Retirement System (TRS) requires earnings for summer work to be reported on an accrual basis. Earnings for work performed in June 2018 must be reported on the 2018-19 TRS Annual Report, even if the member is not paid for the June work until July or August. The 2018-19 TRS and THIS contribution rates apply to accrued earnings for work performed in June, regardless of when the June earnings are paid to the teacher.
Earnings for work performed in July and August 2019 must be reported on the 2019-20 TRS Annual Report. The 2019-20 TRS and THIS contribution rates apply to accrued earnings for work performed in July and August, regardless of when the July and August earnings are paid to the teacher.

Several questions from the field regarding what federal TRS rate to use for SUMMER salaries has prompted TRS to instruct LEAs to use the new employer TRS contribution on federally funded salaries that are providing services AFTER the start of the new fiscal year (July 1, 2019). Below are three scenarios and what federal TRS rate to use in each scenario:

• FY 2019: Federally funded staff/teachers who have completed their assignments by June 30, 2019, but are being paid after July 1: The CURRENT RATE (FY 2019) applies (9.85 percent).
• FY 2019: Federally funded staff/teachers providing services and being paid after July 1: The NEW RATE (FY 2020) applies (10.66 percent). (Please note that an FY 2019 amendment may be needed in this scenario.)
• FY 2020: Federally funded staff/teachers: The NEW RATE applies (10.66 percent). 

More information is available on the TRS website.

Further questions can be directed to the TRS Employer Services Division at employers@trsil.org or (877) 927-5877 (877-9 ASK TRS).

Wondering About Carryover Funds from FY19?

The following is information from ISBE sent to IAASE by Tim Imler.
FY 2019 IDEA Part B Carryover
Carryover funds are unbudgeted and/or unexpended funds from the previous fiscal year calculated from the grantee’s final expenditure report. It is important to note that carryover cannot be computed unless the final expenditure report is submitted.

A final expenditure report is defined as:

• The cumulative expenditure through date is equal to or is greater than the project end date, and;
• There are no outstanding obligations reported.

Special education cooperatives with a FY19 IDEA Part B project end date of June 30 must submit a completion report on or before July 20. If that report does not reflect any outstanding obligations, then the report is considered final and carryover will be computed.

If the July 20 report is submitted with outstanding obligations, then a final expenditure report that reflects total project expenditures (with all prior obligations liquidated) must be submitted no later than 90 calendar days after the project end date. Cooperatives with project end dates of August 31 must submit the completion report on or before September 20. The same liquidation timelines apply.

For Those Cooperatives NOT on a One Year ExtensionThe following guidance is applicable to special education cooperatives that did not elect the one year extension. Please communicate to your member districts that carryover will not be allocated to them until the cooperative’s final FY19 expenditure report(s) is on file at ISBE. It is critical that the final report submitted is accurate so that any carryover can be allocated correctly. Once the FY19 final expenditure report is on file with ISBE, the special education cooperative must send a letter signed by the cooperative administrator that lists each member district and the amount of carryover to be allocated to them. The signed letter can be scanned and emailed to me at timler@isbe.net or mailed to:

Illinois State Board of Education
Division of Funding and Disbursement Services (E-320)
100 North First Street
Springfield, IL 62777

Once the signed letter is received, Funding and Disbursements staff will manually load the carryover amounts into each member district’s FY20 IDEA Part B Flow Through or Preschool grant as appropriate. Member districts will then be able to login to the electronic Grants Management System and submit an amendment to access the additional funds. Questions regarding this process can be directed to the division at 217/782-5256.

ISBE Update - Deadline for Final FY 2019 Grant Amendments and End Date Extensions

Tim Imler from ISBE has been kind enough to send IAASE some great information about upcoming grant information for our members.

Deadline for Final FY 2019 Grant Amendments and End Date Extensions
Final FY19 budget amendments for IDEA Part B as well as all other state or federal grants must be received at ISBE (submitted via the electronic Grants Management System) no later than 30 calendar days prior to the end date of the project.

As a reminder, please be advised of the following regarding the need for a project end date extension:

• An end date extension past June 30 is NOT needed for regular term staff salaries paid on a 12-month salary schedule.
• An end date extension past June 30 is NOT needed to pay obligations (e.g., purchase order for supplies) incurred June 30 or prior.
• An end date extension past June 30 IS NEEDED for new activities and obligations incurred July 1 or later (e.g., Summer School, Professional Development).

Final amendments for state and federal grants with a project end date of June 30, 2019, must be received by ISBE no later than May 31, 2019. The last day amendments will be accepted for grants with a project end date of August 31, 2019, is August 1, 2019. The deadline for grant applications in the electronic Grants Management System is also referenced on the Program Overview page under “Amendment Due Date.”

Cooperatives please note: Member district amendments need to be submitted to the cooperative administrator in a timely fashion to accommodate a final review for accuracy and approvability before acceptance and approval to ISBE on or before the May 31/August 1 deadline.

Updates from ISBE - Assessment & Assistive Technology

In the last week, ISBE has put out LOTS of information related to assessment and has updated a few forms for us.  We've tried to cover it all here for you.

Assessment 

Illinois Assessment of Readiness (IAR) - General Information 

The administration of the IAR will be very similar to last year.  School staff can use the same training material and practice tools that were used last year.  For additional information, see the recorded webinar from January 18. The agency will be providing more information in the coming weeks.

IAR Student Accommodations 

School staff can begin to enter student accommodation indicators in SIS (or enter in to the school software package that feeds information into SIS).  New Meridian will provide the test content/forms for the next two years to ensure compatibility and continuity through the transition. The agency will continue to use 100% PARCC content and forms built to the standard of the PARCC assessments, so the accommodations that were available last year, will be available for the spring 2019 administration.

IEP Forms 

Assessment pages of the English and Spanish IEP forms (34-54O) have been updated to reflect recent assessment changes from PARCC to Illinois Assessments of Readiness (IAR) and the new PSAT and SAT Suite of Assessments.  Find the new form by clicking here.

Assistive Technology 

Parent/Guardian Notification of Conference form (34-57D) and the IEP Educational Accommodations and Supports page (34-54N) to reflect the passage of Senate Bill 0454, signed into law as Public Law 0993 on August 20, 2018. This amendment to the Children with Disabilities Article of the Illinois School Code requires written notification that informs parents/guardians that the IEP team is to consider assistive technology at all IEP meetings and provide a telephone number and an internet address for the Assistive Technology Program.  Find the new form by clicking here.

You can find a whole explanation for the updated forms by clicking here. 

Important Information Regarding 15 Year Old Elementary School Students and State Assessments

ISBE sent information to everyone last week regarding state assessments for students who are turning 15 years old and we thought that it would be helpful to bring it here too:

The following policy for testing pertains to 105 ILCS 5/14-6.01 of the school code. Fifteen-year-old students with disabilities who are enrolled in an elementary district become accountable to the high school district (according to school code). The high school district becomes financially responsible for the student. The high school district is also responsible for the educational program of the student. The law only pertains to elementary districts that feed into a separate high school district. It does not pertain to unit districts.

In response to questions from school district staff regarding testing accountability, the following must occur for students, who are 15 years old (the student turns 15 on or before April 23, 2019), attend an elementary district, and have an IEP:

• The home school (in SIS enrollment) must be the high school in the high school district.
• The serving school (in SIS enrollment) may remain as the school in the elementary school district, if still applicable.
• The student must be enrolled in grade 9.
• Grade 9 students take the PSAT 8/9 assessment, or the grade 9 DLM-AA assessment, and possibly the science assessment.
• It is recommended that an IEP meeting be called to make these changes.

ESSA and School Report Card Information - Reports Go Live This Week

For those of you who are working on your school report card data (verifying and making sense of all of the data in the system), here are a few helpful hints:

1.  Check your data in the Illinois Interactive Report Card (either with your principals or with your superintendent) to make sure that it is accurate. If there are inaccuracies, please be sure to bring it to the attention of people at ISBE - reportcard@isbe.net

2.  Regardless of your school designations, make sure that positive information is being put out there about students with disabilities. I learned of one cooperative last week that had set up individual meetings with their districts to discuss the positive data points they had in their system (iLearn, goal monitoring, behavioral data, etc.) that could be pumped out to the community to combat negative headlines.

3.  Utilize the resources available to you as much as possible. Those start with the information put out by the State Board of Education:

• The 5 Ws of Assessment
• Understanding ISBE's Goals
• Timeline for Release of Report Cards
• Ten Indicators to Measure Student Success
• What do the Four Designations Mean
• On the Road to Assessment & Accountability
• Illinois Quality Framework
• Illinois School-led System of Support
• Understanding Student Growth

However, the resources don't end there. We encourage you to reach out to your colleagues in the field as everyone is doing this work. We're definitely in this together.

4.  With that in mind, don't forget to register for our November Webinar. It's completely focused on ESSA and the Illinois Plan and everything you need to know about it in the first two years. Sara Boucek (IASA General Counsel) and Melissa Taylor (Former President of IAASE) will help us all through. Click here to get registered for this great event!

ISBE Announces Delay "Option" in Implementing Changes to IDEA Grants

This morning, ISBE announced that after careful consideration, they will allow cooperatives the option of submitting a request for a 6-month extension to meeting these new procedural guidelines.  If granted, the timeline would be extended until December 31, 2019. 

ISBE's preference remains that all cooperatives are compliant with the new procedures by June 30, 2019. However, for those cooperatives who do not feel this is possible, the extension will allow for a delayed implementation.  The specific guidelines and process that will need to be followed to request the extension are still under development.

Focused Monitoring

As some of you know, ISBE has been asked to pick up the pace on its Focused Monitoring efforts.  My understanding is that they will not be monitoring districts around indicator 5 (LRE), but there could be some combination of indicators that look at issues related to equity and over identification even though the disproportionality regulations at the federal level were delayed.

ISBE Staffing Update

ISBE has interviewed several candidates for the position of Director of Special Education, but nothing has come through as of yet.  Given that, Dave Andel has agreed to come back to the agency on a part time basis beginning on November 1, 2018.  Dave was a good friend to our organization and he will be welcomed at ISBE in Springfield.