Emergency Safety Intervention Policy

Physical restraint may be used when the student's behavior presents an immediate physical danger to self or others or is violently destructive of property, and other interventions, such as positive behavior supports, to prevent dangerous behavior are inappropriate or ineffective under the circumstances.  When physical restraint is used, the following principles apply: 

• The use of physical restraint shall stop as soon as the immediate danger of physical harm ceases to exist.
• School personnel will use the safest method with the least amount of force, for the shortest amount of time possible during ESI.
• The student's status will be visually monitored continuously throughout the process to ensure the appropriateness of its use and safety of the child, other children, teachers, and other personnel.

The following physical restraint procedures are prohibited: 

• Use of restraint for purposes of discipline, punishment, or for the convenience of a school employee is prohibited.
• The use of prone physical restraint, supine physical restraint, physical restraint that obstructs the airway of a student, or any physical restraint that affects a student' primary mode of communication is prohibited.
• The use of chemical restraint, except as prescribed treatments for the student's medical or psychiatric condition by a person appropriately licensed to issue such treatments, is prohibited.

The use of mechanical restraint, except those protective or stabilizing devices either ordered by a person appropriately licensed to issue the order for the device or required by law, any device used by a law enforcement officer in carrying out law enforcement duties, and seat belts or other safety equipment when used to secure students during transportation is prohibited.

Seclusion may be used when the student's behavior presents an immediate physical danger to self or others or is violently destructive of property, and other interventions, such as positive behavior supports, to prevent dangerous behaviors are inappropriate or ineffective under the circumstances.  When seclusion is used, the following principles apply: 

• The use of seclusion shall stop as soon as the immediate danger of physical harm ceases to exist.  
• A student shall not be subjected to seclusion if the student is known to have a medial condition that could put the student in mental or physical danger as a result of seclusion.  The medical condition must be documented by the student's licensed health care provider, a copy of which has been provided to the school and placed in the student's health file.  The written statement must include an explanation of the student's diagnosis, a list of reasons why an emergency safety intervention would put the student in mental or physical danger, and any suggested alternative to the use of emergency safety interventions.
• An emergency safety intervention may still be used if not subjecting the student to an emergency safety intervention would result in significant physical harm to the student or others.  For example, a student with written documentation that the use of an emergency safety intervention would cause mental or physical danger who attempts to run out into a busy street may be restrained for safety.
• During seclusion a school employee shall be able to see and hear the student at all times.  All seclusion rooms equipped with a locking door shall be designed to ensure that the lock automatically disengages when the school employee viewing the student walks away from the seclusion room, or in the case of emergency, such as fire or severe weather.
• A seclusion room shall be a safe place with the proportional and similar characteristics as other rooms where students frequent.  Such rooms shall be free of any condition that could be a danger to the student and shall be well-ventilated and sufficiently lighted.

• If a parent requests a meeting to discuss an emergency safety intervention incident, the meeting must be called within 10 school days.  This request may be verbal, written, or electronic.
• The time for calling this meeting shall be extended beyond the 10 school day limit if the parent is unable to attend within this period.
• The focus of the meeting must include discussion or proactive ways to prevent the need for emergency safety interventions and to reduce incidents in the future.
• If the student has an individualized education program (IEP), the IEP team shall meet to discuss the incident and consider the need to conduct a functional behavioral analysis, develop a behavior intervention plan, or amend either if already in existence.
• If the student has an IEP and is parentally placed in a private school, the meeting shall include the parent and the private school, who shall consider whether the parent should request an IEP team meeting.  If the parent requests an IEP team meeting, the private school must help to facilitate such meeting.
• If the student has a 504 plan, the 504 team shall meet to discuss: 
  • The incident and consider the need to conduct a functional behavioral analysis, develop a behavior intervention plan, or amend either if already in existence; and 
  • The need for special education evaluation.
  • If the student does not have an IEP or 504 plan, the parent and school staff, as defined in the statute, shall discuss: 
    • The incident and consider the appropriateness of a referral for a special education evaluation; and 
    • Whether there is a need for a functional behavioral analysis or a behavior intervention plan.  
• The parent shall determine whether the student shall be invited to any meeting, if the student is under 18. 

• Upon use of an ESI, the school must notify the parent the same day of the incident.  If the parent cannot be contacted, the school shall attempt to contact the parent using at least two methods of contact.
• A parent may designate a preferred method of contact to receive the same-day notification.  
• A parent my agree, in writing, to receive only one same-day notification from the school for multiple incidents occurring on the same day.
• Written documentation, which includes the date and time of the intervention, the type of intervention, and the length of time the intervention was used, and the school personnel who participated in or supervised their intervention, a space for parents to provide feedback or comments regarding the incident, a statement that strongly encourages parents to schedule a meeting to discuss the incident and how to prevent future use of emergency safety intervention, shall be provided to the student's parents no later than the next school day.
• The ESI incident report shall be accompanied with a copy of the standards of when emergency safety interventions can be used, a flyer on the parent's rights, information on the parent's right to file a complaint through the local dispute resolution process and the administrative review process by the state board of education, and the information that will assist the parent in navigating the process, including contact information for Families Together and Disability Rights Center of Kansas.
• If the school is aware that a law enforcement officer or school resource officer has used seclusion, physical restraint, or medical restraint on a student, the school must notify the parent on the same day using the parent's preferred method of contact.
• The school is not required to provide the documentation of the incident or the information to the parent specified in K.S.A 72-89do4(a).
• The use of seclusion, physical restraint, or medical restraint by a law enforcement officer or school resource officer is not required to be reported to KSDE.

• The Board of Education has delegated to the Superintendent or his/her designee the authority to receive parental written complaints regarding the use of ESI.
• Upon receipt of a complaint, the Superintendent or his/her designee will investigate the complaint and develop a written report which will include finding of fact, conclusions relevant to the requirements of this policy or regulations of KSDE and, if necessary, a corrective action to remedy an instance of noncompliance.  The Superintendent or his/her designee shall submit the report to the Board of Education in executive session.  The Board may approve the report or require additional information before approving the report.
• The written report will be submitted to the parents, the school, the Board of Education and the KSDE within 20 calendar days from the date the complaint is received in the Superintendent's office.  Once such a procedure has been developed, a parent may file a complaint under the state board of education complaint process within thirty (30) days from the date a final decision is issued pursuant to the local dispute resolution process.