The Illinois State Board of Education (“ISBE”) recently released revised guidance on physical restraint, time out, and isolated time out (“RTO”) in schools. The Permanent Regulations for the Use of Isolated Time Out, Time Out, and Physical Restraint: FAQ were finalized in November 2025, replacing the prior guidance from ISBE, which had been removed over one year ago. The updated guidance incorporates language from the 2024 RTO regulatory amendments and contains frequently asked questions on important RTO topics, such as required administrative policy, parent notification, training and more. The updated guidance also contains several key changes, some of which are highlighted in this alert.
In the revised guidance, ISBE opines that physical restraint may include physical escort when removing a student from a classroom or other setting. ISBE takes the position that Public Act 102-0339 removed language permitting staff to remove a disruptive student who was unwilling to leave an area, and, therefore, when staff restrict a student’s movements to remove the student from an area, that must be reported as a physical restraint to ISBE. However, temporary “touching of the hand, wrist, arm, shoulder, or back for the purpose of inducing a student who is acting out to walk to a safe location may not be considered a physical restraint if the student’s movements are not restricted,” but a “forcible removal of a student from a classroom or other school setting” is a physical restraint according to ISBE’s guidance.
ISBE provided some additional clarification on supine and chemical restraint. The guidance states that “supine physical restraint” includes a “standing supine position” in which a student is held against a wall or other surface and physical pressure is applied to the student’s body to keep the student against that surface. As a reminder, per the 23 Illinois Administrative Code 1.285(c)(5), “supine physical restraint” is defined as 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.” For chemical restraints, ISBE has clarified that the administration of medication at a time that is not specified in the prescribed orders or pursuant to the school or district’s policy on administering medication will be considered a chemical restraint.
The revised guidance also includes a new section laying out the requirements set out in 23 Illinois Administrative Code 1.285(a) for a physical space that is used for time out or isolated time out. These room requirements have been in place in their current form since May 2024. The guidance also addresses the issue of locks on doors in classrooms in the context of time out. According to ISBE, while the door of an isolated time out room that is contained within a classroom or other larger room or space must not be fitted with a locking mechanism, the classroom or other larger room can be capable of being locked and may be locked in a manner consistent with the school building’s safety and security protocol. ISBE further clarifies that an automatically locking door does not violate time out requirements so long as the door is not locked in a way that prevents the student or accompanying adult from exiting the space at any time.
The revised guidance notes that the following situations are not considered time outs or isolated time outs: a student-requested break, a student-initiated sensory break, a teacher-initiated sensory break; in-school suspension or detention; any appropriate disciplinary measure (including brief removal to the hallway, principal’s office or similar environment), the use of study carrells or other similar, stable, and non-enclosed partitions within the classroom; and other classrooms or areas in the school that are designed for student work and study with fewer distractions.
Additionally, the revised guidance notes that evacuating other students from a classroom when one student presents a risk of harm to self or others may be considered a time out or isolated time out. Critical to ISBE’s analysis of whether the situation is considered a time out/isolated time out is whether the student voluntarily remained in the classroom or whether the student did not want to remain in the classroom. ISBE noted that if classmates were removed from the classroom and a student did not want to voluntarily remain in the classroom, it would be time out; similarly, once staff blocks a student’s egress (e.g., the door) to ensure the student remains in the classroom to de-escalate, it would be considered a time out.
Importantly, ISBE clarifies that blocking a student’s egress from a classroom to prevent elopement is not considered a time out when other students are present in the classroom. It is when all other students have been removed from the classroom and then the student’s egress is blocked that it is a time out.
The revised guidance also clarifies that momentary periods of physical restriction, brief comforting physical touch, proprioceptive techniques, and momentary efforts by staff to prevent/break up physical altercations (as long as the student’s movement is not restricted) are not considered physical restraint. ISBE defines a momentary period of physical restriction as direct person-to-person contact that is momentary, involves limited force, and is solely intended to prevent a student from completing an act that could result in potential physical harm to themselves or others or cause property damage.
As a reminder, this guidance is published by ISBE for “informational purposes only.” If you have any questions about the updated guidance or about RTO generally, please contact one of the authors of this article or any other Franczek attorney.