Emergency Safety Intervention
Parent Information
If an emergency safety intervention occurs, parents are strongly encouraged to schedule a meeting to: 1) discuss the incident and 2) discuss prevention of future use of emergency safety interventions. The district contact listed below is available to assist in scheduling this meeting. This meeting will be scheduled no later than ten (10) school days from when the parent makes the request unless the parent cannot meet within that time frame.
Triplains USD 275
Documents Included in this Packet
District Emergency Safety Intervention Policy
Including dispute resolution process
Standards for the Use of Emergency Safety Interventions
A Family Guide to the Use of Emergency Safety Interventions and Parental Rights: Seclusion and Restraint in Kansas
Local Dispute Resolution Guide for Parents
State Board Administrative Review Process
State Administrative Review Guide for Parents
State and Community Resources
District Emergency Safety Intervention Policy
Including dispute resolution process
Emergency Safety Interventions
The Board of Education is committed to limiting the use of Emergency Safety Interventions (“ESI”), such as seclusion and restraint, with all students. The board of education encourages all employees to utilize other behavioral management tools, including prevention techniques, de-escalation techniques, and positive behavioral intervention strategies. In ad This policy shall be included in at least one of the following: each school’s code of conduct, school safety plan, or student handbook. Definitions (Se e K.A.R. 9 1 -42-1)“Emergency Safety Intervention” is the use of seclusion or physical restraint when a student presents an immediate danger to self or others . Violent action that is destructive of property may necessitate the use of an emergency safety intervention.
“Seclusion” requires all three of the following conditions to be met : ( 1 ) the student is placed in an enclosed area by school personnel; ( 2) the student is purposefully isolated from adults and peers; and ( 3) the student is prevented from leaving, or reasonably believes that the student will be prevented from leaving, the enclosed area. “Chemical Restraint” means the use of medication to control a student’s violent physical behavior or restrict a student’s freedom of movement. “Mechanical Restraint” means any device or object used to limit a student’s movement.
“Physical Restraint” means bodily force used to substantially limit a student’s movement. “Physical Escort” means the temporary touching or holding the hand, wrist, arm, shoulder, or back of a student who is acting out for the purpose of
inducing the student to walk to a safe location. “Time-out” means a behavioral intervention in which a student is
temporarily removed from a learning activity without being confined.
Prohibited Types of Restraint
All staff members are prohibited from engaging in the following actions with all students:
All staff members shall be trained regarding the use of positive behavioral intervention strategies, de-escalation techniques, and prevention techniques. Such training shall be consistent with nationally recognized training programs on the use of emergency safety interventions. The intensity of the training provided will depend upon the employee’s position.
Administrators, licensed staff members, and other staff deemed most likely to need to restrain a student will be provided more intense training than classified staff who do not work directly with students in the class room. District and building administration shall make the determination of the intensity of training required by each position .Each school buildings hall maintain documentation regarding the training that was provided and a list of participants. Documentation The principal or designee shall provide written notification to the student’s parents any time that ESI is used with a student. Such notification must be provided within two (2) school days. In addition, each building shall maintain documentation any time ESI is used with a student. Such documentation must include all of the following:
Reporting Data
District administration shall report ESI data to the state department of education as required.
Local Dispute Resolution Process
The board of education encourages parents to attempt to resolve issues relating to the use of ESI informally with the building principal and/or the superintendent before filing a formal complaint with the board. In the event that the complaint is resolved informally, the administrator must provide a written report of the informal resolution to the superintendent and the parents and retain a copy of the report at the school. The superintendent will share the informal resolution with the board of education and provide a copy to the state department of education. If the issues are not resolved informally with the building principal/superintendent, the parents may submit a formal written complaint to the board of education by providing a copy of the complaint to the clerk of the board and the superintendent. Upon receipt of a formal written complaint, the board president shall assign an investigator to review the complaint and report findings to the board as a whole. Such investigator may be a board member, a school administrator selected by the board, or a board attorney. Such investigator shall be informed of the obligation to maintain confidentiality of student records and shall report the findings and recommended action to the board in executive session. Any such investigation must be completed within thirty (30) days of receipt of the formal written complaint by the board clerk and superintendent. On or before the 30th day after receipt of the written complaint, the board shall adopt a report containing written findings of fact and, if necessary, appropriate corrective action. A copy of the report adopted by the board shall be provided to the parents, the school, and the state board of education.
Approved: KASB Recommendation – 6/13
Standards for the use of Emergency Safety Interventions
Emergency safety interventions law sets forth standards for the use of restraint and seclusion to ensure that all Kansas students and staff have a safe learning environment. The standards found in the emergency safety intervention statutes and regulations are required to be followed in all Kansas public school districts and accredited private schools.
An emergency safety intervention is the use of seclusion or physical restraint. The use of an emergency safety intervention shall cease as soon as the immediate danger of physical harm and violent action ceases to exist.
Before using an emergency safety intervention, a school employee witnessing the student’s behavior must have determined that less restrictive alternatives to emergency safety interventions, such as positive behavior interventions support, were inappropriate or ineffective under the circumstances.
An emergency safety intervention shall be used only when a student presents a reasonable and immediate danger of physical harm to such student or others with the present ability to effect such physical harm. Violent action that is destructive of property may necessitate the use of an emergency safety intervention if there is a reasonable and immediate danger of physical harm. An emergency safety intervention may not be used for purposes of discipline, punishment, or for the convenience of a school employee.
Physical restraint means bodily force used to substantially limit a student’s movement. Physical restraint is NOT:
Prohibited types of restraints:
Seclusion means placement of a student in a location where:
An emergency safety intervention may not be used with a student if the student is known to have a medical condition that could put the student in mental or physical danger as a result of the use of an emergency safety intervention unless not using an emergency safety intervention would result in significant physical harm to the student or others. The medical condition must be indicated in a written statement from the student’s licensed health care provider, and a copy of which shall be provided to the school and placed in the student’s file.
When a student is placed in seclusion, a school employee shall be able to see and hear the student at all times.
If a seclusion room has a locking door it must be designed to ensure that the lock automatically disengages when the school employee viewing the student walks away from the seclusion room, or in cases of emergency, such as fire or severe weather.
A seclusion room must be a safe place. The room must have good ventilation and lighting, and be free of any condition that could be a danger to the student. The room must also be similar to other rooms where students frequent.
Seclusion is not time-out, which is a behavioral intervention in which a student is temporarily removed from a learning activity without being confined.
Local Dispute Resolution Guide for Parents
State Board Administrative Review Process
Refer to K.A.R. 91-42-5 for complete information. The following provides a summary of the regulations regarding an administrative review initiated with the Kansas State Board of Education (State Board).
Written request must include:
State Administrative Review Guide for Parents
Mail this request to the Emergency Safety Intervention Administrative Review Request, Kansas State Department of Education, Office of General Counsel, 900 SW Jackson Street, Room 102, Topeka, Kansas 66612
The Hearing Officer may initiate a separate investigation that may include:
If the Hearing Officer finds new information, they may send the issue back to the local board. If you are not satisfied with the local board’s amended decision the right to request administrative review begins again.
A request for an administrative review may include, but is not limited to, the following allegations:
State and Community Resources
General Emergency Safety Intervention Information:
www.ksdetasn.org
www.ksde.org/Default.aspx?tabid=524
Emergency Safety Intervention Questions:
Laura Jurgensen
Kansas State Department of Education
[email protected]
785-296-5522
Parent Training and Information Center:
Families Together
http://familiestogetherinc.org/
888-815-6364
Protection and Advocacy System:
Disability Rights Center of Kansas
http://www.drckansas.org/
877-776-1541 or 785-273-9661
Parent Information
If an emergency safety intervention occurs, parents are strongly encouraged to schedule a meeting to: 1) discuss the incident and 2) discuss prevention of future use of emergency safety interventions. The district contact listed below is available to assist in scheduling this meeting. This meeting will be scheduled no later than ten (10) school days from when the parent makes the request unless the parent cannot meet within that time frame.
Triplains USD 275
Documents Included in this Packet
District Emergency Safety Intervention Policy
Including dispute resolution process
Standards for the Use of Emergency Safety Interventions
A Family Guide to the Use of Emergency Safety Interventions and Parental Rights: Seclusion and Restraint in Kansas
Local Dispute Resolution Guide for Parents
State Board Administrative Review Process
State Administrative Review Guide for Parents
State and Community Resources
District Emergency Safety Intervention Policy
Including dispute resolution process
Emergency Safety Interventions
The Board of Education is committed to limiting the use of Emergency Safety Interventions (“ESI”), such as seclusion and restraint, with all students. The board of education encourages all employees to utilize other behavioral management tools, including prevention techniques, de-escalation techniques, and positive behavioral intervention strategies. In ad This policy shall be included in at least one of the following: each school’s code of conduct, school safety plan, or student handbook. Definitions (Se e K.A.R. 9 1 -42-1)“Emergency Safety Intervention” is the use of seclusion or physical restraint when a student presents an immediate danger to self or others . Violent action that is destructive of property may necessitate the use of an emergency safety intervention.
“Seclusion” requires all three of the following conditions to be met : ( 1 ) the student is placed in an enclosed area by school personnel; ( 2) the student is purposefully isolated from adults and peers; and ( 3) the student is prevented from leaving, or reasonably believes that the student will be prevented from leaving, the enclosed area. “Chemical Restraint” means the use of medication to control a student’s violent physical behavior or restrict a student’s freedom of movement. “Mechanical Restraint” means any device or object used to limit a student’s movement.
“Physical Restraint” means bodily force used to substantially limit a student’s movement. “Physical Escort” means the temporary touching or holding the hand, wrist, arm, shoulder, or back of a student who is acting out for the purpose of
inducing the student to walk to a safe location. “Time-out” means a behavioral intervention in which a student is
temporarily removed from a learning activity without being confined.
Prohibited Types of Restraint
All staff members are prohibited from engaging in the following actions with all students:
- Using face-down (prone) physical restraint;
- Using face-up (supine) physical restraint;
- Using physical restraint that obstructs the student’s airway;
- Using physical restraint that impacts a student’s primary mode of communication;
- Using chemical restraint, except as prescribed by a licensed healthcare professional for treatment of a medical or psychiatric condition; and
- Use of mechanical restraint, except:
- Protective or stabilizing devices required by law or used in accordance with an order from a licensed healthcare professional;
- Any device used by law enforcement officers to carry out law enforcement duties; or
- Seatbelts and other safety equipment used to secure students during transportation.
All staff members shall be trained regarding the use of positive behavioral intervention strategies, de-escalation techniques, and prevention techniques. Such training shall be consistent with nationally recognized training programs on the use of emergency safety interventions. The intensity of the training provided will depend upon the employee’s position.
Administrators, licensed staff members, and other staff deemed most likely to need to restrain a student will be provided more intense training than classified staff who do not work directly with students in the class room. District and building administration shall make the determination of the intensity of training required by each position .Each school buildings hall maintain documentation regarding the training that was provided and a list of participants. Documentation The principal or designee shall provide written notification to the student’s parents any time that ESI is used with a student. Such notification must be provided within two (2) school days. In addition, each building shall maintain documentation any time ESI is used with a student. Such documentation must include all of the following:
- Date and time of the intervention,
- Type of intervention,
- Length of time the intervention was used, and
- School personnel who participated in or supervised the intervention.
Reporting Data
District administration shall report ESI data to the state department of education as required.
Local Dispute Resolution Process
The board of education encourages parents to attempt to resolve issues relating to the use of ESI informally with the building principal and/or the superintendent before filing a formal complaint with the board. In the event that the complaint is resolved informally, the administrator must provide a written report of the informal resolution to the superintendent and the parents and retain a copy of the report at the school. The superintendent will share the informal resolution with the board of education and provide a copy to the state department of education. If the issues are not resolved informally with the building principal/superintendent, the parents may submit a formal written complaint to the board of education by providing a copy of the complaint to the clerk of the board and the superintendent. Upon receipt of a formal written complaint, the board president shall assign an investigator to review the complaint and report findings to the board as a whole. Such investigator may be a board member, a school administrator selected by the board, or a board attorney. Such investigator shall be informed of the obligation to maintain confidentiality of student records and shall report the findings and recommended action to the board in executive session. Any such investigation must be completed within thirty (30) days of receipt of the formal written complaint by the board clerk and superintendent. On or before the 30th day after receipt of the written complaint, the board shall adopt a report containing written findings of fact and, if necessary, appropriate corrective action. A copy of the report adopted by the board shall be provided to the parents, the school, and the state board of education.
Approved: KASB Recommendation – 6/13
Standards for the use of Emergency Safety Interventions
Emergency safety interventions law sets forth standards for the use of restraint and seclusion to ensure that all Kansas students and staff have a safe learning environment. The standards found in the emergency safety intervention statutes and regulations are required to be followed in all Kansas public school districts and accredited private schools.
An emergency safety intervention is the use of seclusion or physical restraint. The use of an emergency safety intervention shall cease as soon as the immediate danger of physical harm and violent action ceases to exist.
Before using an emergency safety intervention, a school employee witnessing the student’s behavior must have determined that less restrictive alternatives to emergency safety interventions, such as positive behavior interventions support, were inappropriate or ineffective under the circumstances.
An emergency safety intervention shall be used only when a student presents a reasonable and immediate danger of physical harm to such student or others with the present ability to effect such physical harm. Violent action that is destructive of property may necessitate the use of an emergency safety intervention if there is a reasonable and immediate danger of physical harm. An emergency safety intervention may not be used for purposes of discipline, punishment, or for the convenience of a school employee.
Physical restraint means bodily force used to substantially limit a student’s movement. Physical restraint is NOT:
- Consensual, solicited or unintentional contact and contact to provide comfort, assistance or instruction;
- physical escort;
- prescribed treatments for a student’s medical or psychiatric condition by a person appropriately licensed to issue these treatments;
- protective or stabilizing devices either ordered by an appropriately licensed professional or required by law;
- any device used by a law enforcement officer in carrying out law enforcement duties; and
- seatbelts and any other safety equipment when used to secure students during transportation.
Prohibited types of restraints:
- Prone, or face-down, physical restraint;
- supine, or face-up, physical restraint;
- any physical restraint that obstructs the airway of a student;
- any physical restraint that impacts a student’s primary mode of communication;
- chemical restraint (‘‘chemical restraint’’ means the use of medication to control a student’s violent physical behavior or restrict a student’s freedom of movement.); and
- mechanical restraint (‘‘mechanical restraint’’ means any device or object used to limit a student’s movement).
Seclusion means placement of a student in a location where:
- The student is placed in an enclosed area by school personnel;
- the student is purposefully isolated from adults and peers; and
- the student is prevented from leaving, or the student reasonably believes that such student will be prevented from leaving, the enclosed area.
An emergency safety intervention may not be used with a student if the student is known to have a medical condition that could put the student in mental or physical danger as a result of the use of an emergency safety intervention unless not using an emergency safety intervention would result in significant physical harm to the student or others. The medical condition must be indicated in a written statement from the student’s licensed health care provider, and a copy of which shall be provided to the school and placed in the student’s file.
When a student is placed in seclusion, a school employee shall be able to see and hear the student at all times.
If a seclusion room has a locking door it must be designed to ensure that the lock automatically disengages when the school employee viewing the student walks away from the seclusion room, or in cases of emergency, such as fire or severe weather.
A seclusion room must be a safe place. The room must have good ventilation and lighting, and be free of any condition that could be a danger to the student. The room must also be similar to other rooms where students frequent.
Seclusion is not time-out, which is a behavioral intervention in which a student is temporarily removed from a learning activity without being confined.
Local Dispute Resolution Guide for Parents
State Board Administrative Review Process
Refer to K.A.R. 91-42-5 for complete information. The following provides a summary of the regulations regarding an administrative review initiated with the Kansas State Board of Education (State Board).
- If a parent believes an emergency safety intervention was used in violation of K.S.A. 2016 Supp. 72‐89d01 through -89d09 or K.A.R. 91-42-1 through -7 and the parent filed a written complaint with their local board of education, then this parent may request an administrative review of the local board’s decision from the State Board.
- The request for administrative review must include the following information:
- Name of the student and contact information;
- Names and contact information for all involved parties (teachers, aides, administrators, and district staff), to the extent known;
- A detailed statement of the reason for requesting an administrative review;
- Any supporting facts and documentation; and
- A copy of the complaint filed with the local board, the local board’s final decision (if issued).
- The written request for administrative review must be typed or legibly written and signed by the parent.
- Relevant documents must be attached or, if unavailable, the documents must be referenced in the request for administrative review.
- Written consent to disclose any personally identifiable information from the student’s education records necessary to conduct an investigation
- The request for administrative review must include the following information:
- The request for administrative review must be filed with the Commissioner of Education within 30 days of the local board issuing its final decision OR within 60 days from the date the parent filed a complaint with the local board, if the local board did not issue a final decision. You may mail this request to the Kansas State Department of Education, Landon State Office Building, 900 SW Jackson Street, Office of General Counsel, Room 102, Topeka, Kansas 66612. KSDE has provided a form for you to use, if you wish, and you can find it on the Emergency Safety Interventions page of the KSDE website, www.ksde.org/Default.aspx?tabid=524.
- A Hearing Officer will be designated by the State Board. The Hearing Officer must send a copy of the request for administrative review to the local board.
- The Hearing Officer will consider the local board’s final decision and may initiate an investigation that could include:
- A discussion with the parent, during which additional information may be gathered;
- Contact with the local board or other district staff to allow the local board to respond to the request with information supporting its final decision; and
- An on-site investigation by Kansas State Department of Education staff.
- If new information is discovered that was not made available to both the parent and the local board during the dispute resolution process, the Hearing Officer may send the issue back to the local board.
- If sent back to the local board, the Hearing Officer’s case will be closed and the local board has 30 days to issue a written amended final decision.
- If the parent feels the local board’s amended final decision does not adequately address the issue, the parent may file a new request for administrative review with the commissioner by following the above process for requesting administrative review. This must be done within 30 days of the local board issuing its amended final decision. If the local board does not issue an amended final decision within 30 days, then the parent has 30 days from the date the Hearing Officer sent the issue back to the local board to file a request for administrative review with the commissioner.
- Within 60 days of receiving the request for administrative review, the Hearing Officer will, in writing, inform the parents, school administrator, district superintendent, local board clerk, and the state board of the results of the review. This time frame may be extended for good cause upon approval of the commissioner.
- The results of the administrative review will contain findings of fact, conclusions of law, and any suggested corrective actions. The Hearing Officer’s determination will include one of the following:
- The local board appropriately resolved the complaint.
- The local board should re-evaluate the complaint with suggested findings of fact.
- The Hearing Officer’s suggested corrective active is necessary to ensure that local board policies meet legal requirements.
Written request must include:
- Name and contact information of student that emergency safety intervention was used with
- Name and contact information for all people involved
- Statement describing the basis for the review with all supporting facts and documentation
- The local board’s final decision, if one was issued
- Type or legibly write the complaint and sign it
- Written consent to disclose any personally identifiable information
State Administrative Review Guide for Parents
Mail this request to the Emergency Safety Intervention Administrative Review Request, Kansas State Department of Education, Office of General Counsel, 900 SW Jackson Street, Room 102, Topeka, Kansas 66612
The Hearing Officer may initiate a separate investigation that may include:
- A discussion with the parent;
- Contacting the local board or other staff involved; and
- An on-site investigation.
If the Hearing Officer finds new information, they may send the issue back to the local board. If you are not satisfied with the local board’s amended decision the right to request administrative review begins again.
A request for an administrative review may include, but is not limited to, the following allegations:
- An emergency safety intervention was used with your child when your child did not present a reasonable and immediate danger of physical harm to themselves or others with the present ability to effect such physical harm.
- The district used a form of banned restraint including prone, supine, physical restraint that obstructs the airway of your child, physical restraint that impacts your child’s primary mode of communication, chemical or mechanical restraint that does not meet an exception.
- Less restrictive alternatives to emergency safety intervention were not deemed inappropriate or ineffective before emergency safety intervention was used.
- The use of emergency safety intervention with your child did not stop as soon as the immediate danger of physical harm stopped.
- emergency safety intervention was used with your child for discipline, punishment, or convenience.
- Emergency safety intervention was used with your child and you have provided school staff with documentation from your child’s licensed health care provider that seclusion could put your child in mental or physical danger.
- Seclusion was used with your child and school staff could not see and hear your child at all times.
- Your child was put in a seclusion room with a locking door that does not automatically disengage when school staff walk away or in an emergency.
- Your child was put in a seclusion room that was unsafe, not well-ventilated, or not sufficiently lighted.
State and Community Resources
General Emergency Safety Intervention Information:
www.ksdetasn.org
www.ksde.org/Default.aspx?tabid=524
Emergency Safety Intervention Questions:
Laura Jurgensen
Kansas State Department of Education
[email protected]
785-296-5522
Parent Training and Information Center:
Families Together
http://familiestogetherinc.org/
888-815-6364
Protection and Advocacy System:
Disability Rights Center of Kansas
http://www.drckansas.org/
877-776-1541 or 785-273-9661