September 01, 2020
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:
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 Kay Hill- firstname.lastname@example.org 620-725-3187