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Emergency Safety Interventions

ESI Information

September 01, 2024

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. Article 42. - Emergency Safety Interventions 91-42-1. Definitions. As used in this regulation and in K.A.R. 91-42-2, each of the following terms shall have the meaning specified in this regulation: (a) "Chemical restraint" means the use of medication to control a student's violent physical behavior or restrict a student's freedom of movement. (b) "District" means a school district organized under the laws of this state that is maintaining a public school for a school term pursuant to K.S.A. 72-1106, and amendments thereto. This term shall include the governing body of any accredited nonpublic school. (c) "Emergency safety intervention" means 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. (d) "Mechanical restraint" means any device or object used to limit a student's movement. (e) "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. (f) "Physical restraint" means bodily force used to substantially limit a student's movement. (g) "School" means any learning environment, including any nonprofit institutional day or residential school and any accredited nonpublic school, that receives public funding or over which the Kansas state department of education has regulatory authority. (h) "Seclusion", when used with a student, means that 22 all the following conditions are met: (1) The student is placed in an enclosed area by school personnel. (2) The student is purposefully isolated from adults and peers. (3) The student is prevented from leaving, or reasonably believes that the student will be prevented from leaving, the enclosed area. (i) "Time-out" means a behavioral intervention in which a student is temporarily removed from a learning activity without being confined. (Authorized by and implementing Article 6, Section 2(a) of the Kansas Constitution; effective P- .) 91-42-2. Policy, documentation, and reporting requirements. (a) Each district shall develop and implement written policies to govern the use of emergency safety interventions over all schools. At a minimum, written district policies shall conform to the definitions and requirements of these regulations, including that seclusion and physical restraint shall. be used only when student conduct meets the definition of necessitating an emergency safety intervention.

Parents shall be annually provided with the written policies on the use of emergency safety interventions. The written policies shall include the following: (1) Policies and procedures for the use of emergency safety interventions: (A) Policies and procedures shall prohibit the following: (i) The use of prone, or face-down, physical restraint; supine, or face-up, physical restraint; physical restraint that obstructs the airway of a student; or any physical restraint that impacts a student's primary mode of communication; (ii) the use of chemical restraint, except as prescribed treatments for a student's medical or psychiatric condition by a person appropriately licensed to issue these treatments; and (iii) 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 seatbelts and any other safety equipment when used to secure students during transportation; and 91- 42-2 Page 2 (B) written policies developed pursuant to this regulation shall be accessible on each school's web site and shall be included in each school's code of conduct, school safety plan, or student handbook, or any combination of these; (2) school personnel training consistent with nationally recognized training programs.

Fifteen Principles for Emergency Safety Interventions:

  1. Every effort should be made to prevent the need for the use of restraint and for the use of seclusion.
  2. Schools should never use mechanical restraints to restrict a child’s freedom of movement, and schools should never use a drug or medication to control behavior or restrict freedom of movement (except as authorized by a licensed physician or other qualified health professional).
  3. Physical restraint or seclusion should not be used except in situations where the child’s behavior poses imminent danger of serious physical harm to self or others and other interventions are ineffective and should be discontinued as soon as imminent danger of serious physical harm to self or others has dissipated.
  4. Policies restricting the use of restraint and seclusion should apply to all children, not just children with disabilities.

  5. Any behavioral intervention must be consistent with the child’s rights to be treated with dignity and to be free from abuse.

  6. Restraint or seclusion should never be used as punishment or discipline (e.g., placing in seclusion for out-of-seat behavior), as a means of coercion or retaliation, or as a convenience.
  7. Restraint or seclusion should never be used in a manner that restricts a child’s breathing or harms the child.
  8. The use of restraint or seclusion, particularly when there is repeated use for an individual child, multiple uses within the same classroom, or multiple uses by the same individual, should trigger a review and, if appropriate, revision of strategies currently in place to address dangerous behavior; if positive behavioral strategies are not in place, staff should consider developing them.
  9. Behavioral strategies to address dangerous behavior that results in the use of restraint or seclusion should address the underlying cause or purpose of the dangerous behavior.
  10. Teachers and other personnel should be trained regularly on the appropriate use of effective alternatives to physical restraint and seclusion, such as positive behavioral interventions and supports and, only for cases involving imminent danger of serious physical harm, on the safe use of physical restraint and seclusion. 23
  11. Every instance in which restraint or seclusion is used should be carefully and continuously visually monitored to ensure the appropriateness of its use and safety of the child, other children, teachers, and other personnel.
  12. Parents should be informed of the policies on restraint and seclusion at their child’s school or other educational setting, as well as applicable federal, state, or local laws.
  13. Parents should be notified as soon as possible following each instance in which restraint or seclusion is used with their child.
  14. Policies regarding the use of restraint and seclusion should be reviewed regularly and updated as appropriate.
  15. Policies regarding the use of restraint and seclusion should provide that each incident involving the use of restraint or seclusion should be documented in writing and provide for the collection of specific data that would enable teachers, staff, and other personnel to understand and implement the preceding principles.

U.S. Department of Education, Restraint and Seclusion: Resource Document (2012), https://www2.ed.gov/policy/seclusion/restraintsand-seclusion-resources.pdf. The Kansas State Department of Education does not discriminate on the basis of race, color, national origin, sex, disability, or age in its programs and activities and provides equal access to the Boy Scouts and other designated youth groups. The following person has been designated to handle inquiries regarding the non-discrimination policies: KSDE General Counsel, Office of General Counsel, KSDE, Landon State Office Building, 900 SW Jackson, Suite 102, Topeka, Kansas 66612; 785- 296-3201. Safe School Hotline Safe School Hotline is a tool that provides students, parents, and educators a confidential means of reporting unsafe conditions that may imperil students and staffs in a totally anonymous, nonthreatening way. It can give school officials the information they need to enhance safety and improve the quality of education. Students or parents with something important to report can call the Safe School Hotline 24 hours a day with complete assurance of confidentiality. The Safe School Hotline Number is: 877-626-8203. (Your Name is Never Asked.)

Contact Superintendent Rusty Arnold 620-725-3187

ESI Family Guide      Standards for the use of Emergency Safety Systems