• Mid-State Special Education Joint Agreement 

    Policy and Procedures for Behavioral Interventions for Special Education Eligible Students Revision adopted: August 2022 

    Mid-State Special Education (MSSE) Cooperative and its member school districts, both individually and collectively, are committed to providing a learning environment for all special education students that is conducive to their  academic, social, and emotional growth. MSSE staff and, when appropriate, District staff will intervene, as  necessary, with students whose behavior is not consistent with this goal. 

    When behavioral interventions are used, they shall be used in consideration of the student’s physical freedom and social interaction, administered in a manner which respects human dignity and personal privacy, and ensures a  student’s placement in the least restrictive educational environment. 

    It is the policy and belief of Mid-State Special Education (MSSE) Cooperative and its member school districts that the  use of non-aversive or positive interventions are preferable to aversive and more restrictive procedures, and should  be used to the maximum extent possible. In accordance with this policy, positive interventions should be given the  highest priority and be accompanied by the use of more restrictive procedures. 

    The Director shall develop and implement procedures consistent with this policy and in accordance with all laws and  regulations relating to behavior interventions for students eligible for special education. 

    Mid-State Special Education Behavioral Intervention Procedures for Special Education Students Section 1: Purpose 

    It is the purpose of these procedures to establish the process for MSSE and its member districts to comply with  applicable laws and regulations with respect to the use of behavioral interventions for special education eligible  students. 

    Behavior interventions shall be used with special education eligible students to promote and strengthen desirable  behaviors and reduce identified inappropriate behaviors. A fundamental principle is that positive, non-aversive  interventions designed to develop and strengthen desirable student behaviors should be used whenever possible.  The most effective and humane manner of reducing undesirable behavior is by developing, strengthening, or  generalizing desirable behavior to compete and ultimately replace the undesirable behavior. 

    While positive approaches alone will not always succeed in managing inappropriate behavior, the use of more  restrictive behavior interventions should be considered to be a temporary approach applied with utmost caution.  The use of restrictive interventions for special education eligible students should be based on assessment, planning,  supervision, evaluation, documentation and protective measures. The use of restrictive interventions should  maintain respect for the student’s dignity and personal privacy, and adhere to professionally accepted instructional  practices. 

    Section 2: Categories of Behavioral Interventions 

    For purposes of this policy, the most common behavioral interventions are categorized according to three levels of  restrictiveness (nonrestrictive, restrictive, and prohibited). Nonrestrictive Interventions are preferred and are to be  implemented first, when appropriate, because of the low risk of adverse effects and because they emphasize  positive behavior rather than behavioral control. These interventions may be used without the development of a  written behavioral management plan or otherwise included in the students’individualizededucationplan (IEP).In accordance with this procedure,the use of positive and non-aversive interventions shall be given the highest priority  and should be directed at the development of positive student behaviors and skills. 

    The below list are interventions that are considered nonrestrictive interventions: 

    Allowing student to escape task Calling/notifying parent 

    Contingent exercise Detention 

    Differential reinforcement Direct Instruction 

    Environmental/ activity modification Extinction 

    Instructional assignment Modeling 

    Peer involvement Planned ignoring 

    Positive practice/ overcorrection Prompting 

    Positive reinforcement Proximity control

    Physically redirecting student Response cost 

    Verbally redirecting student Restitutional overcorrection 

    Safe place Self-management 

    Shaping Teaching alternative behavior 

    Teaching self-reinforcement Time away (non-exclusionary) 

    Token economy Verbal feedback/reprimand 

    Restrictive Interventions maybe appropriate during emergency situations or when less restrictive interventions have  been attempted and failed. Restrictive interventions include aversive and deprivation procedures associated with a  higher risk of having an adverse effect. Therefore, greater caution shall be exercised in their use. Restrictive  interventions shall be used for only the minimum amount of time necessary to address the student’s behavior and  shall be replaced by less restrictive procedures as soon as reasonably possible. 

    Restrictive interventions should be used in conjunction with positive interventions and should be designed to  strengthen competing behaviors, and/or as identified on the behavior management plan or as identified in the  student handbook if no behavior management plan exists. 

    The below list are interventions that are considered restrictive interventions: 

    Exclusion from extracurricular activities Food delay 

    Physical escort Restraint 

    Suspension (in school and out) Satiation 

    Time-out Isolated Time-out 

    Expulsion (may only occur after an IEP team has determined the behavior is not a manifestation of the student’s  disability or the behavior is not the direct result of the District’s failure to implement the IEP) 

    Physical restraint, time out, and isolated time out may be used only when: 

    1) the student’s behavior presents an imminent risk of serious physical harm to themselves or to others; 2) after less restrictive and intrusive measures have been tried and proven ineffective in stopping imminent  danger of serious physical harm; 

    3) there is no known medical contraindication to its use on the student, and 

    4) the school staff members or members applying the intervention have been trained in its safe application. 

    Documentation of behavior must be completed along with the required ISBE Time Out/Restraint form. An IEP  meeting must be held to review documentation and functional assessment if three (3) or more restrictive  interventions are utilized within a 30-calendar day period. A behavioral intervention plan or amendment to the  behavior intervention plan should be written to address the behaviors at the IEP meeting. 

    Expulsion with a continuing education program may only occur after an IEP has determined that the behavior is  unrelated to the student's disability through a manifestation determination process. 

    Prohibited Interventions are Illegal and CANNOT be used under any circumstances such corporal punishment,  expulsion when services designed to provide a free appropriate public education is not provided, faradic skin  shock, physical manipulation or procedure that causes pain and/or tissue damage when used as aversive  procedure, or any other mechanical or chemical restraint. 

    Section 3: Isolated Time Out, Time Out and Physical Restraints 

    The Illinois Administrative Code (23 IAC 1.285) states the following: “Isolated time out, time out, and physical  restraint, as defined in this Section, shall be used only when the student's behavior presents an imminent danger of  serious physical harm to the student or others and other less restrictive and intrusive measures have been tried and  proven ineffective in stopping the imminent danger of serious physical harm, there is no known medical  contraindication to its use on the student, and the school staff members or members applying the intervention have  been trained in its safe application under this Section. (Section 10-20.33(b) of the School Code). Isolated time out,  time out, or physical restraint shall not be used as discipline or punishment, convenience for staff, retaliation, a  substitute for appropriate educational or behavioral support, a routine safety matter, or to prevent property  damage in the absence of imminent danger of serious physical harm to the student or others. 

    “Isolated time-out” means the involuntary confinement of a student alone in a time out room or other enclosure 

    outside the classroom without a supervising adult in the time out room or enclosure. Isolated time out is allowed  only under limited circumstances. If all other requirements under this Section are met, isolated time out may be used  only when the adult in the time out room or enclosure is in imminent danger of serious physical harm because the  student is unable to cease actively engaging in extreme physical aggression. 

    “Time out” means a behavior management technique for the purpose of calming or de-escalation that involves the  involuntary monitored separation of a student from classmates with an adult trained under subsection (i) for part of  the school day, only for a brief time, in a non-locked setting. 

    “’Isolated time out” or “time out” does not include a student-initiated or student-requested break, a student initiated or teacher-initiated sensory break, including a sensory room containing sensory tools to assist a student to  calm and de-escalate, an in-school suspension or detention, or any other appropriate disciplinary measure, including  a student's brief removal to the hallway or similar environment. 

    “Physical restraint” means holding a student or otherwise restricting a student’s movements. “Physical restraint”,  as permitted pursuant to this Section, includes only the use of specific, planned techniques. “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 that  would result in potential physical harm to the student or another or damage to property.  

    The regulations require, at a minimum, “at least eight hours of developmentally appropriate training annually” for  school personnel implementing isolated time out, time out, or physical restraint [23 IAC 1.285(i)(1)].  The annual training must include each of the following areas: 

    A) crisis de-escalation; 

    B) restorative practices; 

    C) identifying signs of distress during physical restraint and time out; 

    D) trauma-informed practices; and  

    E) behavior management practices.” 23 IAC 1.285(i)(1), amended at 44 Ill. Reg. ----- (eff. 4-9-20).  

    “Isolated time out, time out, or 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. This training must include all the  elements described above and must result in the receipt of a certificate of completion or other written evidence of  participation.… An individual who applies isolated time out, time out, or physical restraint shall use only techniques  in which he or she has received prior annual training, as indicated by written evidence of participation. 

    Per 23 IAC 1.285(f)(1)(A-L), “In the form and manner prescribed by the State Superintendent, 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 shall include, but is not limited to, all of the following: 

    A. the student's name; 

    B. the date of the incident; 

    C. the beginning and ending times of the incident; 

    D. a description of any relevant events leading up to the incident; 

    E. a description of any less restrictive or intrusive alternative measures that were used prior to the  implementation of isolated time out, time out, or physical restraint and why those measures were ineffective  or deemed inappropriate 

    F. a description of the incident and/or student behavior that resulted in isolated time out, time out or physical  restraint, including the specific imminent danger of serious physical harm to the student or others; G. for isolated time out, a description of the rationale of why the needs of the student cannot be met by a  lesser restrictive intervention and why an adult could not be present in the time out room; H. a log of the student's behavior in isolated time out, time out, or during physical restraint, including a  description of the restraint techniques used and any other interaction between the student and staff;  I. a description of any injuries (whether to students, staff, or others) or property damage; J. a description of any planned approach to dealing with the student's behavior in the future, including any de escalation methods or procedures that may be used to avoid the use of isolated time out, time out, or 

    physical restraint; 

    K. a list of the school personnel who participated in the implementation, monitoring, and supervision of  isolated time out, time out or physical restraint; and 

    L. the date on which parental or guardian notification took place as required by subsection (g). 

    No later than two school days after the use of isolated time out, time out, or physical restraint occurred, the school  district, or other serving entity serving the student shall, in a form and manner prescribed by the State  Superintendent, submit the information required under subsection (f)(1) to the State Superintendent.  

    Per 23 IAC 1.285(g), a reasonable attempt must be made to notify the student's parent or guardian on the same day  the isolated time out, time out, or physical restraint is imposed. Documentation must be provided to the parent  within one business day, which may be accomplished by personal service, electronic delivery, or by mailing the  documentation within one business day. The documentation must include, at a minimum, a copy of the form  required to be submitted to the State Superintendent and the following information: 

    1. a copy of the standards for when isolated time out, time out, and physical restraint can be used; 2. information about the rights of parents, guardians, and students; 

    3. information about the parent’s or guardian’s right to file a complaint with the State Superintendent of  Education, the complaints process, and other information to assist the parent or guardian in navigating the  complaint process. (Section 10-20.33(h) or 34-18.20(h) 

    4. a description of the State complaint, mediation, and due process procedures for students who are eligible to  receive special education services.  

    Section 4: Functional Behavioral Assessment (FBA) and Behavior Intervention Plan (BIP) Functional Behavioral Assessment (FBA) is part of a process used for gathering information regarding the target  behavior, its antecedents and consequences, controlling variables, the student’s strengths and the communicative  and functional intent of the behavior for use in developing behavioral interventions. The assessment also includes  observation across settings, interviews, and comprehensive data collection to identify patterns regarding when,  where, and why the behavior is occurring. 

    A Behavioral Intervention Plan (BIP) is a written plan developed as part of the IEP or Section 504 Plan to address  behavior exhibited by a student that impedes learning either for the student or others. A BIP includes the findings of  a Functional Behavior Assessment of the student’s behavior, a summary of prior interventions attempted and  whether or not they were successful (examples include environmental changes, curriculum changes, peer-based  support, and teaching strategies), a description of an behavioral interventions to be used ( including those aimed at  developing or strengthening alternative or more appropriate behaviors), an identification of the measurable  behavioral changes expected and the methods of evaluation, a schedule for review of the behave or and  coordinating school based and home-based interventions. A BIP should include specific interventions designed to  address the targeted behavior. 

    Section 5: Notification to Parents 

    Policies and Procedures for Behavioral Interventions for Students with Disabilities will be provided to parents  annually. Within one business day after any use of isolated time out or physical restraint, the school district shall  send written notice of the incident to the student’s guardians. No later than 2 school days after each incident of  isolated time out, time out, or physical restraint, the principal or another designated administrator shall notify the  student’s parent or guardian that he or she may request a meeting with appropriate school personnel to discuss the  incident.  

    Section 6: Requirements for Training 

    Staff members will receive annual training regarding the Policies and Procedures for Behavioral Interventions for  Students with Disabilities. Isolated time out, time out and physical restraint shall be applied only by individuals who  have received eight (8) hours of annual systematic training and have received a certificate of completion or other  written evidence. An individual who applies physical restraint shall use only techniques in which he or she has  received such training within the preceding calendar year.

Last Modified on September 15, 2022