What is the difference between “time out” and “time out room”?

“Time out” is a technique used to interrupt an unacceptable behavior by removing the student from the situation where the misbehavior is occurring. The State does not regulate the use of time out but does regulate the use of a separate room where a student may be removed for purposes of “time out.”

State regulations define a time out room as an area for a student to safely deescalate, regain control and prepare to meet expectations to return to his or her education program. Time out rooms are to be used in conjunction with a behavioral intervention plan (BIP) in which a student is removed to a supervised area in order to facilitate self-control or to remove a student from a potentially dangerous situation.

Is an area where a student can voluntarily go to "cool down" or "take a break" considered “use of time out room”?

It depends on the student specific circumstances. A student’s BIP could include a student taking a “break” or “time away” as a behavioral intervention strategy. This would not be considered use of a time out room under State regulations. However, if a student needs to go to a supervised area to safely deescalate, regain control and prepare to meet expectations to return to his or her education program, this would be considered the use of a time out room, even if the student voluntarily chooses to go to such area.

When can a time out room be used?

Except for unanticipated situations that pose an immediate concern for the physical safety of a student or others, the use of a time out room can only be used in conjunction with a BIP that is designed to teach and reinforce alternative appropriate behaviors.

Are there State requirements for the physical space used for time out rooms?

Yes. State regulations require that the physical space used as a time out room meet certain standards.

• The room must provide a means for continuous visual and auditory monitoring of the student and be of adequate width, length and height to allow the student to move about and recline comfortably.
• Wall and floor coverings should be designed to prevent injury to the student, and there must be adequate lighting and ventilation.
• The temperature of the room must be within the normal comfort range and consistent with the rest of the building.
• The room must be clean and free of objects and fixtures that could be potentially dangerous to a student and must meet all local fire and safety codes.
• The time out room must be unlocked, and the door must be able to be opened from the inside. The use of locked rooms or spaces for purposes of time out or emergency interventions is prohibited.

Must students be monitored while in time out rooms?

Yes. Staff must be assigned to continuously monitor the student in a time out room. The staff must be able to see and hear the student at all times.

How is the use of the time out room monitored?

The school must establish and implement procedures to document the use of the time out room, including information to monitor the effectiveness of the use of the time out room to decrease specified behaviors.

When may a time out room be used?

A time out room should be used consistent with a student’s IEP and BIP. Removal of a student to a time out room may also be an emergency intervention, provided that the documentation of its use meets the standards in section 200.22(d)(4) of the Commissioner’s Regulations.

Must “use of a time out room” be indicated in a student’s IEP?

As noted above, there may be instances when a student is removed to a time out room on an ‘emergency’ basis. However, whenever a student’s BIP indicates that the student would be removed to a time out room as a planned strategy to address a particular behavior, the student’s IEP must specify the use of a time out room, including the maximum amount of time a student will need to be in a time out room as a behavioral consequence as determined on an individual basis in consideration of the student’s age and individual needs.

Is the school required to have policies and procedures regarding the use of a time out room?

Yes. Each school which uses a time out room as part of its behavior management approach must ensure that the school’s policy and procedures on the use of the time out room are developed and implemented consistent with section 200.22(c) of the Regulations of the Commissioner of Education, including the physical and monitoring requirements, parental rights and the individualized education program (IEP) requirements for students with disabilities.

The school's policy and procedures must minimally include:

• prohibiting placing a student in a locked room or space or in a room where the student cannot be continuously observed and supervised;
• factors which may precipitate the use of the time out room;
• time limitations for the use of the time out room;
• staff training on the policies and procedures related to the use of time out room;
• data collection to monitor the effectiveness of the use of time out rooms; and
• information to be provided to parents, including same day notification in accordance with Education Law section 4402(9).

Parents must also be given a copy of the school’s policy on the use of time out rooms.

If the use of a time out room is indicated in a BIP and in a student’s IEP, the school district must also inform the student’s parents prior to the initiation of a BIP that will incorporate the use of a time out room for a student and must give the parents the opportunity to see the physical space that will be used as a time out room.

Legal Reference

8 NYCRR §200.22(c) and (d) and Education Law §4402(9)

NOTE: Please reference the Official Compilation of Codes, Rules and Regulations of the State of New York (8 NYCCRR) for regulatory language. An unofficial version of 8 NYCRR is available through Thomas
Reuters Westlaw. It is intended for information purposes only.