Showing posts with label Legal. Show all posts
Showing posts with label Legal. Show all posts

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

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

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

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Back to School Legal Updates with IAASE

UPDATE:  We had close to 300 people online for this webinar today (our largest on record)!  The webinar recording and the powerpoint are available to members of IAASE with your password on the IAASE website (www.iaase.org).


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Senate Bill 209 Becomes Public Act 101-164

Big Changes to the Special Education Joint Agreement/ Cooperative Withdrawal Process
Many of you will remember the challenging situation we all were facing in the Spring of 2018 when the disagreement between one school district and their special education cooperative caused members of the Illinois legislature to take up the issue.  In short, one school district wanted to withdraw from the cooperative, but continue to use some of its services, the remainder of the districts in the cooperative did not want this to occur and so the legislature stepped in to help some constituents out.  While the measure was eventually vetoed and the parties worked their differences out, leaders at IAASE wanted to make sure that this sort of thing never happened again.  That's why we worked with Senator Jennifer Bertino-Tarrant (D-Plainfield) to write Senate Bill 209 Public Act 101-64 which was signed into law on July 26, 2019 by Governor Pritzker.

Senate Bill 209 accomplishes the following:
  • Changes the process school districts must use when they wish to withdraw from their cooperatives/ joint agreements.
  • Extends the period of time - to a minimum of 12 months - that a district must give notice when they are seeking to withdrawal from their joint agreement.
  • Clarifies the components of a comprehensive plan to be consistent with IDEA regulations and to better protect the full spectrum of students with disabilities across the state including those with significant disabilities.
  • Requires school districts to hold a public hearing prior to withdrawing from the cooperative where members of the public can give feedback on the comprehensive plan.
  • Allows the Regional Boards of Education to make decisions based on the facts presented at the withdrawal hearing including whether the withdrawing district has "presented sufficient evidence that the district, standing alone, will provide a full continuum of services and support to all its students with disabilities in the foreseeable future."
  • Makes the withdrawal process a one-way street.  Only after the Regional Office of Education (Intermediate Service Center in Cook County) approves the withdrawal can the pending withdrawal be heard by the Illinois State Advisory Council on Students with Disabilities (ISAC).
We consider this a big victory for students and schools.  Thank you very much to our legislative team headed by Melissa Taylor and Judy Hackett and aided by Shannon Miller Bellini for their hard work on this initiative.  This law is in effect now.
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E-Learning Best Practices

As school districts and special education cooperatives across the state consider the possibility of using e-Learning days in lieu of emergency days, a number of questions have been raised about how these days would work for students with disabilities.

We are thankful to the legal team from Hodges, Loizzi, Eisenhammer, Rodick, and Kohn for their hard work in developing this guidance document (.pdf file opens in a new window).

PLEASE NOTE:  This memorandum is intended to be informative but nothing in this document is intended as legal advice or as a solicitation of an attorney/client relationship.  School administrators with questions should consult with their own school attorneys.

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