District 62 Use of Behavioral Interventions for Students Receiving Special Education Services

The purpose of this communication is to provide an overview of the use of behavioral interventions for students with disabilities in accordance with the requirements of Title 23 of the Illinois Administrative Code and School Board Policy 7:230, Misconduct by Students with Disabilities. Pursuant to Board Policy 7:230, “[b]ehavioral interventions shall be used with students with disabilities to promote and strengthen desirable behaviors and reduce identified inappropriate behaviors.

The School Board will establish and maintain a committee to develop, implement, and monitor procedures on the use of behavioral interventions for children with disabilities.”

As it relates to the discipline of students with disabilities the same policy states “the District shall comply with the Individuals With Disabilities Education Improvement Act of 2004 and the Illinois State Board of Education’s Special Education rules when disciplining special education students. No special education student shall be expelled if the student’s particular act of gross disobedience or misconduct is a manifestation of his or her disability.”

These procedures are based upon Sections 1.280 (Discipline) and 1.285 (Requirements for the Use of Isolated Time Out and Physical Restraint) of Title 23 of the Illinois Administrative Code and Sections 5/10-20.33, 5/34-18.20 of the Illinois School Code.

I. Behavior Intervention Plan

A Behavior Intervention Plan (BIP) must be developed by the IEP team for students whose behaviors impact their learning and who require the use of systemic and restrictive interventions.

A BIP may also be drafted for any student who receives special education services who is: (1) suspended for more than 10 days in a school year, (2) recommended for expulsion, and/or (3) referred to a 45-school day interim alternative placement.

Components of the plan must be based on information obtained in the Functional Behavioral Assessment (FBA). An FBA is an assessment process that includes collection of data regarding a student’s target behavior relative to its antecedents and consequences, controlling variables, and communicative and functional intent of the behavior as well as the student’s strengths.

It is used to develop behavioral interventions and positive supports.

For students whose behaviors warrant a Behavior Intervention Plan, the following components are to be included as part of the plan:

A. A description of the target behavior, including whether the behavior is a skill deficit or a performance deficit, and data
on the intensity, frequency, and duration of the behavior;

B. A description of the student’s behavioral strengths;

C. A hypothesis of the function of the student’s behavior (e.g., what desired thing(s) is the student trying to get or what undesired

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thing(s) is the student trying to avoid?);

D. A description of previous interventions attempted (including any environmental changes made, evaluations conducted,
instructional strategies or curriculum changes made, or replacement behaviors taught);

E. A description of the replacement behaviors desired (e.g., the new behaviors or skills that will be taught to meet the identified
function of the target behavior);

F. A description of the settings in which the behaviors occur and an analysis of antecedents to
and consequences of the behavior;

G. A description of other environmental factors that may affect the student’s behavior (i.e., medications, medical
conditions, sleep, diet, schedule, social factors);

H. A description of the instruction/and or curriculum that will be used to address the student’s behavior;

I. A detailed description of positive and non-restrictive interventions and motivators and/or rewards to be used to
address target behavior in all environments;

J. A detailed description of restrictive interventions to be used;

K. A description of the crisis place to be used in emergency situations;

L. A description of the data collection procedures and methods;

M. The method used to evaluate the plan;

N. A list of personnel involved in the implementation and monitoring of the plan;

O. A description of coordinating intervention efforts, if any, with parent(s)/guardian(s)

II. Types of Intervention Strategies

The selection of intervention strategies for use with each student shall be based on the information derived from the FBA. While positive behavioral intervention approaches alone will not always succeed in managing inappropriate behavior, the use of more restrictive behavior interventions should be used sparingly and approached with caution.

Most student behaviors that do not contribute to a safe learning environment can be addressed through nonrestrictive interventions and positive behavioral supports.

The specific strategies employed for each student shall be based on the student’s specific disabilities
and needs as described in their IEP, 504 Plans, and/or accompanying documentation. Staff should consider a continuum of possible interventions designed to produce the desired behavioral change in light of the student’s individual circumstances.

The least restrictive intervention or support that is reasonably calculated to produce the desired outcome should be chosen.

Behavioral interventions shall be categorized into four levels of restrictiveness:

A. Nonrestrictive Interventions and Positive Behavioral Supports

Nonrestrictive interventions are the preferred interventions because of emphasis on positive behavior change. These interventions may be used without the development of a written Behavior Intervention Plan as a part of the student’s IEP. Such interventions include, but are not limited to:

Verbal Redirection Direct Instruction
Nonverbal/Physical Redirection Calling and Notifying a Parent
Teaching an Alternative Behavior Modeling
Continuous Reinforcement Token Economy
Intermittent Reinforcement Self-Management
Extinction Environmental or Activity Modification

B. Restrictive Interventions

Restrictive interventions may be used in emergency situations or when less restrictive interventions have been attempted and have not been successful. Restrictive interventions shall only be used in the following situations:

In emergency situations
After non-restrictive interventions have been attempted and failed; or
In conjunction with positive interventions designed to strengthen alternate behaviors.

Data collection should support the choice of restrictive interventions during their use. Types of restrictive interventions include:

Detention In-School Suspension
Response Cost Out-of-School Suspension
Exclusion from Extracurricular Activities

C. Highly Restrictive Interventions

D. Prohibited Interventions

When evaluating an intervention for potential use, the impact of the intervention on the student’s physical freedom, social interaction, personal dignity, and privacy will be carefully considered.

When monitoring the effectiveness of the BIP, IEP or 504 Plan team members will make every effort to plan for generalization and maintenance of skills across settings. Interventions will be evaluated by teachers, parents, and other stakeholders involved in the intervention on a regular basis, utilizing baseline data and ongoing progress monitoring.

III. Isolated Time Out, Time Out, and Physical Restraint

Isolated time out, time out, and physical restraint may only be used when a student’s behavior presents an imminent danger of serious
physical harm to the student or others and less restrictive and intrusive measures have been tried and proven ineffective in stopping

1. Physical restraint does not include “momentary periods of physical restriction by direct person-to-person contact without the aid of
material or mechanical devices, accomplished with limited force and designed to prevent a student from completing an act which would
result in potential physical harm to him/herself or property.”

2. Mechanical restraint is the use of any device or equipment to limit a student’s movement or hold a student immobile. This does not
include restraint used to: (1) treat a student’s medical needs; (2) protect a student known to be at risk of injury resulting from lack of
coordination or frequent loss of consciousness; (3) position a student with physical disabilities in a manner specified in the IEP, 504 Plan,
or other plan of care; (4) promote student safety in vehicles used to transport student pursuant to 23 Illinois Admin. Code 1.285(d)(12);
and (5) provide

3. Chemical restraint is the use of medication to control a student’s behavior or restrict a student’s freedom of movement. It does not
include medication that is legally prescribed and administered as part of the student’s regular medical regimen.

4. Prone restraint is a physical restraint in which a student is held face down on the floor or other surface and physical pressure is applied to
the student’s body to keep the student in the prone position.

The imminent danger of serious physical harm, and there is no known medical contraindication to their use on the student. These
interventions may never be used as discipline or punishment, for the convenience of staff, retaliation, to prevent property damage, or as a substitute for appropriate educational/behavioral support. School staff members applying the use of time out, isolated time out, or physical restraint on a student must be trained in its safe application.

A. What Are Isolated Time Out, Time Out, and Physical Restraint and When Can These Interventions Be Implemented
B. Time Limit and Staff Requirements

A. What Are Isolated Time Out, Time Out, and Physical Restraint and When Can These Interventions Be Implemented

Isolated Timeout: the involuntary confinement of a student alone in a time out room or other enclosure outside of the classroom
without a supervising adult in the time out room or enclosure. Isolated time out may only be used when the adult in the room or
enclosure is in serious physical harm because the student is unable to cease actively engaging in extreme physical aggression.

Time Out: a behavior management technique for the purpose of calming or de-escalation that involves the involuntary monitored
separation of a student from classmates with a trained adult in the same room as the student for part of the school day, only for a brief period of time, in a non-locked setting.

Isolated timeout and timeout do not include student-initiated or student-requested breaks, a student-initiated or teacher-initiated
sensory break (including a sensory room containing sensory tools to assist a student to calm/de-escalate), in-school suspension or
detention, or any other appropriate disciplinary measure (including a student’s brief removal to the hallway or similar environment).

B. Time Limit and Staff Requirements

Students in isolated time out must have reasonable access to food, water, medications and toileting facilities. The adult supervising
the isolated time out must remain within two feet of the enclosure and must be able to see, hear, and communicate with the student at
all times. The door may not be locked or blocked.

A student must be released from isolated time out or time out immediately upon determination by staff that the student is no longer
an imminent danger of serious physical harm to themselves or others. No less than once every 15 minutes, a trained adult must assess
whether the student has ceased presenting the specific behavior for which the isolated timeout or timeout was imposed.

IV. Physical Restraint

A. What is Physical Restraint and When to Use It
B. Time and Personnel Limits

A. What is Physical Restraint and When to Use It

Physical Restraint: holding a student or otherwise restricting the student’s movements based the use of specific, planned techniques.

Supine Physical Restraint: a physical restraint in which a student is held face up on the floor or other surface and physical pressure is applied to the student’s body to keep the student in the supine position.

Prone Restraint: a physical restraint in which a student is held face-down on the floor or other surface and physical pressure is applied to the student’s body to keep the student in the prone position. Prone restraints are prohibited.

Physical restraint may only be used when:

The student poses a physical risk to himself, herself, or others;
Other less restrictive and intrusive measures have been tried and have been proven ineffective in stopping the imminent danger of serious physical harm;
There is no medical contraindication to its use; and
The staff applying the restraint have been trained in its safe application.

Verbal displays of disrespect or use of profanity do not constitute a physical risk which could necessitate use of physical restraint. A verbal threat may only be considered a physical risk if the student also demonstrates a means of or intent to immediately carry out the threat.

Physical restraint does not include momentary periods of physical restraint by direct person-to-person contact accomplished with limited force and designed to prevent a student from completing an act that would result in potential physical harm to the student or another or damage property.

Any application of physical restraint shall take into consideration the safety and security of the student. Physical restraint shall not impair a student’s ability to breathe or communicate. Physical restraint shall not rely upon pain as an intentional method of control.

Mechanical, chemical, and prone restraint are prohibited.

Supine Restraint is prohibited, unless all of the following criteria are met:

1. Before using a supine physical restraint, the District or other entity serving the student shall review and determine if there are any known medical or psychological limitations that contraindicate the use of a supine physical restraint.

2. The District or other entity serving the student deems the situation an emergency, defined as a situation in which
immediate intervention is needed to protect a student or other individual from imminent danger of serious physical harm to himself, herself, or others and less restrictive and intrusive interventions have been tried and proven ineffective in stopping the imminent danger.

3. Supine physical restraint is used in a manner that does not restrict or impair a student’s ability to breathe or communicate normally, apply pressure to a student’s neck, obstruct a student’s airway, or interfere with a student’s primary mode of communication.

4. Supine physical restraint is used only by personnel who have completed required training.

5. Supine physical restraint is used only if those interventions are the least restrictive and intrusive interventions to address the emergency and stop the imminent danger of serious physical harm to the student or others. During each incident, one school staff person trained in identifying the signs of distress must be assigned to observe and monitor the student during the entire incident. That staff person may not be involved in the physical holding of the student. The number of staff involved in physically restraining the student may not exceed the number necessary to safely hold the student. Staff involved in the restraint must use the least amount of force and the fewest points of contact necessary and must afford the student maximum freedom of movement while maintaining safety.

6. The supine physical restraint ends immediately when the threat of imminent danger of serious physical harm ends, but in no event shall supine physical restraint last longer than 30 minutes. If after 30 minutes the emergency has not resolved, or if an additional emergency arises the same school day that meets the standards, a school administrator, in consultation with a psychologist, social worker, nurse, or behavior specialist, may authorize the continuation of the restraint or an additional supine physical restraint. No restraint may be continued, nor may additional restraints be applied, unless continuation is authorized by a school administrator.

7. If the student is restrained in a supine restraint in at least 2 separate instances within a 30-school day period, the school personnel who initiated, monitored, and supervised the incidents shall initiate a Restraint Review, which is a review of the effectiveness of the procedures used. If the personnel involved in the restraints do not include a psychologist, social worker, nurse, or behavior specialist, at least one of those staff members shall be included in the Restraint Review.

B. Time and Personnel Limits

Physical restraint must end immediately when the threat of imminent danger of serious physical harm ends or the student indicates that he or she cannot breathe or staff supervising the student recognizes that the student may be in respiratory distress.

The staff involved in physically restraining a student must periodically halt the restraint to evaluate if the imminent danger of serious physical harm continues to exist.

No less than once every fifteen minutes, a trained adult must assess whether the student has ceased presenting the specific behavior for which the time out was imposed. If the imminent danger of serious physical harm continues to exist, staff may continue to use the physical restraint and the continued use may not be considered a separate instance of physical restraint.

Staff who have not been trained in the application of physical restraint may not physically restrain a student but may employ momentary physical restriction (e.g., restraining a student to prevent him or her from bolting into traffic, moving the student away from a violent situation, preventing the student from serious self-injury).

In determining whether a student who is being physically restrained should be removed from the area where the restraint was initiated, the supervising adult shall consider the potential for injury to the student, the student's need for privacy, and the educational and emotional well-being of other students in the vicinity.

The Restraint Review must include, but is not limited to: (1) conducting or reviewing a functional behavioral analysis, reviewing data, considering the development of additional or revised positive behavior interventions and supports, considering actions to reduce the use of restrictive procedures, or, if applicable, modifying the student’s individualized education program, federal Section 504 plan, behavior intervention plan, or other plan of care, as appropriate; and (2) reviewing any known medical or psychological limitations that contraindicate the use of restrictive procedures, considering whether to prohibit that restrictive procedure, and, if applicable, documenting
any prohibitions in the student’s individualized education program, federal Section 504 plan, behavior intervention plan, or other plan of care.

V. Documentation and Evaluation of Isolated Time Out and Physical Restraint

A. Documentation of Time Out, Isolated Time Out, and Physical Restraint
B. Evaluation

A. Documentation of Time Out, Isolated Time Out, and Physical Restraint

Upon the occurrence of isolated time out, time out, or physical restraint, immediately take the following steps on the same day:

Notify the Assistant Superintendent for Student Services and Special Education as soon as possible after the event.
Make reasonable attempts to notify the student’s parent or guardian.
Complete ISBE Form “Physical Restraint and Time Out” (Form 11-01).
Send ISBE Form to the parent/guardian and maintain a copy in the student’s school records (within 1 business day).
Send the ISBE Form to ISBE (within 2 school days).

A written record of each episode of isolated time out, time out, or physical restraint shall be maintained in the student’s temporary record. Each record should include, but is not limited to:

Student’s Name
Date of Incident
Beginning and Ending Times of Incident
Description of Any Relevant Events Leading Up to the Incident
Description of Any Less Restrictive or Intrusive Alternative Measures Attempted Prior to Incident & Why Those Measures were Ineffective/Inappropriate
Description of Student Behavior that Resulted in the Incident (i.e., specific imminent danger of serious physical harm to students or others)
Log of Student’s Behavior in Time Out, Isolated Tim Out or During Physical Restraint (incl. interactions with others and restraint techniques used)
Description of Injuries or Property Damages
Description of Any Planned Approach to Dealing with Student Behavior in the Future
List of Personnel Involved
Date of Parent/Guardian Notification
Description of Rationale of Why Student’s Needs Could Not Be Met By a Lesser Restrictive Intervention & Why An Adult
Could Not Be In Room With Student (for isolated time out only)

B. Evaluation

Whenever an episode of isolated time out or time out exceeds 30 minutes, or an episode of physical restraint exceeds 15 minutes, or repeated episodes have occurred during any three-hour period:

A licensed educator or licensed clinical practitioner knowledgeable about the use of isolated time out or time out or trained in the use of physical restraint shall evaluate the situation (e.g., a teacher, social worker, or psychologist).
The evaluation shall consider the appropriateness of continuing the procedure in use, including the student’s potential need for medication, nourishment, or use of a restroom, and the need for alternate strategies (e.g., assessment by a mental health crisis team, assistance from police, or transportation by ambulance).
The result of the evaluation shall be committed to writing and copies of the documentation shall be placed into the student’s temporary student record and provided to the Assistant Superintendent of Student Services and Special Education.

When a student experiences instances of isolated time out, time out, or physical restraint on any three days within a thirty-day period, the school personnel who initiated, monitored, and supervised the incidents shall initiate a review meeting of the effectiveness of the
procedures used, review the student’s functional behavioral assessment, and prepare an individual behavior plan for the student that provides either for continued use of these interventions or for the use of other, specified interventions.

The plan shall be placed into the student’s temporary school record. The review meeting shall also consider the student’s potential need for an alternative program, for
special education eligibility, or for a student already eligible for special education, for a change in program.

The district or other entity serving the student shall invite the student’s parents or guardians to participate in this review meeting and shall provide ten (10) days’ notice of its date, time, and location. If a student has an individualized education program (IEP), an IEP meeting may satisfy the meeting requirement.

The parent/guardian notification shall inform the parents or guardians that the student’s potential need for special education, an alternative program, or, for students already eligible for special education, the student’s potential need for a change in program will be considered and that the results of the review meeting will be entered into the temporary student record.

VI. STAFF TRAINING

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District 62 is committed to providing high-quality care and supports in a respectful, safe environment through ongoing training. All District 62 staff shall be trained on this written procedure and provided a copy of the District 62 policies on isolated time out, time out, and physical restraint.

Isolated time out, time out, and physical restraint shall be applied only by individuals who have received annual systematic training on less restrictive and intrusive strategies and techniques to reduce the use of isolated time out, time out, and physical restraint based on best practices and how to safely use time out and physical restraint when those alternative strategies and techniques have been tried
and proven ineffective. No individual may use isolated time out, time out, or physical restraint before receiving the training and certificate (or other written evidence of participation in the required training).

Any adult who is supervising a student in isolated time out or time out, or who is involved in a physical restraint, shall receive at least eight hours of developmentally appropriate training annually. Except for training on physical restraint, online training may be utilized for all training areas. Training is required in the following areas: crisis de-escalation, restorative practices, identifying signs of distress during physical restraint and time out, trauma-informed practices, and behavior management practices.

District 62 utilizes the crisis management technique Ukeru, along with their trauma-informed methodologies. Ukeru is a restraint-free crisis management technique developed for and used by behavioral health caregivers and educators. Ukeru is a technique rooted in the belief that the use of physical restraints and seclusions are unnecessary and unproductive. Ukeru stands true to the belief that all crisis
interventions should be built on the ideals of comfort rather than control.

VII. Parent Notification

All parents and guardians of students eligible for special education services must be provided a copy of the District 62 Behavioral Guidelines upon enrollment in the District, initial eligibility for special education services, and annually thereafter.

In the event that a student is subject to timeout, isolated, timeout, or physical restraint, the district should take the following actions:

On the same day, make a reasonable attempt to notify the student’s parent/guardian.
Within 1 business day, send the ISBE Physical Restraint and Time Out Form (Form 11-01) to the parent/guardian.
No later than 2 school days after the event, notify the parent/guardian of the right to request a meeting to discuss the incident.
- a. If a parent/guardian fails to request a meeting within 10 school days after the school has provided documents to the
parent/guardian or if a parent/guardian fails to attend a requested meeting, that shall be documented in the student’s school records.
If a parent requests a meeting, hold the meeting, separate from an IEP or Section 504 meeting, within 2 school days of the request.
After the meeting, add a summary of the meeting and any agreements or conclusions reached during the meeting to the student’s school record, and send a copy of the documents to the student’s parent or guardian within a reasonable time.

As a reminder, parents and/or guardians will have the right to be actively involved in the development of any behavior support plan utilizing restrictive procedures.

This includes the right to receive written notification of the development of any behavior support plan and a copy of the plan.

All procedural safeguards, including rights to conflict resolution, mediation, and an impartial due process hearing, as required through the Individuals with Disabilities Education Improvement Act and the Illinois School Code, will be applicable to the resolution of disputes involving behavior intervention plans. If a parent/guardian disagrees with a proposed restrictive behavior intervention or any aspect of the implementation of a restrictive intervention, the District will coordinate with the parent/guardian to attempt resolution of the dispute