Restraint and Seclusion in Illinois Schools: What Parents Need to Know
Why this matters
Illinois law sharply limits when a school can physically hold a child or shut them away from others, and parents have specific rights when it happens. Most families never hear about these rules until their own child comes home upset, bruised, or saying they were “put in the room.”
In 2019, a Chicago Tribune and ProPublica Illinois investigation called “The Quiet Rooms” reported thousands of incidents in which Illinois students, many with disabilities, were locked alone in small rooms or held down by staff. The reporting led to emergency rules from the Illinois State Board of Education (ISBE) and, in 2021, a new state law. This post explains what that law says, what your rights are, and what to do if your child has been restrained or secluded at school.
Key terms
The Illinois School Code (105 ILCS 5/10-20.33) uses specific terms. Knowing them helps you read incident reports and ask the right questions.
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Term |
What it means |
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Physical restraint |
Holding a student or otherwise restricting their movement. Brief, low-force contact to prevent harm, like guiding a child by the arm, does not count. |
|
Prone restraint |
Holding a student face down and applying pressure to keep them there. |
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Mechanical restraint |
Using any device or equipment to limit a student’s movement, such as straps or ties. Some medical, positioning, and vehicle-safety devices are excluded. |
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Chemical restraint |
Using medication to control behavior or restrict movement, outside the child’s regular prescribed treatment. |
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Time out |
A brief, monitored separation from classmates in an unlocked setting, used to calm or de-escalate. |
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Isolated time out |
Involuntarily confining a student alone in a room or enclosure outside the classroom, without an adult in the room with them. This is what many people call “seclusion.” |
What Illinois law allows and bans
Restraint and time out are emergency safety measures in Illinois. They are never meant as discipline, punishment, or a convenience for staff. Public Act 102-0339, signed in 2021, put these limits into the School Code. ISBE rules at 23 Ill. Admin. Code 1.285 add more detail.
Always banned:
- Mechanical restraint and chemical restraint.
- Prone (face-down) restraint. A narrow exception expired after the 2021–2022 school year, so prone restraint is now prohibited in public schools, special education cooperatives, and nonpublic facilities. It also cannot be used on Illinois students placed in out-of-state schools.
- Time out or isolated time out in a locked room, a room with a blocked door, a closet or box, or any space where the child cannot be continually watched.
- Withholding food or drink at normal times, medication, or bathroom access.
Allowed only when all of these are true:
- The student’s behavior poses an imminent danger of serious physical harm to the student or others.
- Less restrictive measures were tried and did not work.
- There is no known medical reason the measure would be unsafe for this child.
- The staff involved are trained in safe use, as ISBE rules require.
Isolated time out has an even higher bar. It is allowed only when an adult in the room is in imminent danger because the student cannot stop extreme physical aggression. A child being loud, refusing work, or leaving their seat does not meet any of these standards.
Your rights as a parent
If your child is restrained or placed in time out, the school owes you notice, documentation, and a chance to meet. Here is what the law and ISBE rules require.
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REQUIREMENT |
DEADLINE |
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Written notice of the incident, plus ISBE’s information on when these measures may be used, parent and student rights, and how to file a complaint |
Within 1 business day of the incident (ISBE fact sheet) |
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Incident report to ISBE, describing what led up to it, alternatives tried, the type of restraint or time out, how long it lasted, and who was involved |
Within 48 hours, per ISBE’s incident form |
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Notice that you may request a post-incident meeting |
Within 2 school days of the incident |
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The meeting itself, if you ask for it |
Within 2 school days of your request, or later if you ask for more time |
The meeting must include you, a staff member who was involved, a staff member who was not involved (such as a social worker, psychologist, nurse, or behavior specialist), and your child when appropriate. You can join by phone or video. A written summary goes into your child’s school record, and you get a copy.
Two details are worth knowing. If you do not request a meeting within 10 school days of receiving the paperwork, the school will note that. And your child can never be kept out of school just because a meeting has not happened yet.
Students with disabilities
Students with disabilities are restrained and secluded far more often than their peers, so the IEP and 504 process is often the best way to prevent it from happening again. Restraint is a sign that a child’s current supports are not working.
- Ask for a Functional Behavioral Assessment (FBA). An FBA looks at what triggers the behavior and what need it serves for the child.
- Update the Behavior Intervention Plan (BIP). A strong BIP lists positive supports, de-escalation steps, and what staff should do before a crisis builds.
- Request an IEP or 504 meeting after repeated incidents. Ask whether the child’s placement, staffing, or services need to change.
- Remember that an IEP cannot authorize banned practices. A BIP can never approve prone, mechanical, or chemical restraint, and it cannot lower the “imminent danger” standard.
Repeated restraint or seclusion can also raise federal concerns under the Individuals with Disabilities Education Act (IDEA), Section 504, and the Americans with Disabilities Act (ADA), including whether the child is receiving a free appropriate public education.
What to do if your child was restrained or secluded
Act quickly and keep everything in writing. These steps protect your child and preserve your options.
- Check on your child. Look for injuries, take dated photos, and see a doctor if needed. Write down what your child tells you, in their words.
- Request the records in writing. Ask for the incident report, the notice sent to ISBE, and any video. Illinois parents have the right to inspect and copy their child’s school records.
- Request the post-incident meeting. Bring your questions: what happened before, what was tried first, how long it lasted, and who was there.
- Compare the facts to the law. Was there imminent danger of serious harm? Were less restrictive steps tried? Was the room locked or the child face down?
- Ask for changes. Request an FBA, a new or revised BIP, or an IEP or 504 meeting.
- File a complaint if needed. Anyone, including a parent or advocate, can file a signed written complaint with the State Superintendent of Education. ISBE reviews complaints only when the incident happened within one year, so do not wait.
If your child was injured, if incidents keep happening, or if the school is not responding, talk to an attorney who handles education and children’s rights cases.
We can help
Every child deserves to feel safe at school. If your child has been restrained, secluded, or hurt at school, or if you are unsure whether the school followed the law, contact our office to talk through your options. [Add your phone number, email, or contact page link here.]
This post is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and rules change, so contact an attorney about your specific situation.
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