Se habla Español | Wir sprechen Deutsch | Mówimy po polsku
Spanish Translation German Translation Polish Translation
Contact us for your initial consultation
847.577.8700
posted on 10/17/19

In the summer of 2019, allegations arose that two special education paraprofessionals, or support workers, mistreated seven special education students. The paraprofessionals in question worked for the Special Education District of Lake County’s Gages Lake School. The paraprofessionals were attempting to use behavioral interventions to discipline the students when the excessive force when physically restraining seven special education students. The students who allegedly suffered harm were between 7 and 9 years old. The school district placed the paraprofessionals on administrative leave. Both paraprofessionals later resigned. The issue of what types of disciplinary actions special education teachers and assistants can use in Illinois classrooms has become an important talking point as of late.

Federal Law and the Use of Isolated Timeouts and Restraints

Teachers and paraprofessionals have a right to physically restrain special education students in certain situations. Under the federal Department of Education guidelines, teachers should only use physical restraint and isolation as disciplinary practices as a last resort. According to the Department of Education, physical restraint and isolation should only happen when there is a “threat of imminent danger or serious physical harm to the student or others.” The restraint must occur in a way that protects the safety of the adults and children at the school.

The Illinois Code and the Use of Isolated Timeouts

Under Illinois’ educational code, teachers may only place students in an isolated time out or restraint when certain conditions are met. Teachers should not use restraints or isolated timeout to discipline or punish students, but only to protect the safety of the student and others in the classroom.

Teachers and paraprofessionals may only place a student in restraints when the following conditions occur:

  • The student poses a physical risk to herself, himself, of others,
  • The student does not have a medical contraindication against the timeout, and
  • The staff who are applying the restraint have received training in how to safely apply the restraint.

In an isolated time-out, a teacher places a student in a time-out room or another type of enclosure. In an isolated time-out, the student cannot leave the area in which he or she is confined. The room in which the teacher or aid places the student must meet several safety requirements under the provisions of the code. An adult must remain within two feet of the enclosure at all times and the enclosure must allow an adult to continuously communicate and monitor the student.

School districts must limit the amount of time the special education student spends in an isolated timeout to no longer than 30 minutes at a time. School districts must also send a written record of every isolated timeout to the student’s parents.

The relevant Illinois code places many additional requirements as to when a school can legally engage in isolated time outs and restraining special education students. If a school district has mistreated your special education student, the attorneys at Glasgow & Olsson. Contact our Cook County law firm today to schedule your initial consultation.

(image courtesy of Redd Angelo)