Definitions

“Area of purposeful isolation” means any separate space, regardless of any other use of that space, other than an open hallway or similarly open environment.      

“Campus police officer” means a school security officer designated by the board of education of any school district pursuant to K.S.A. 72-6146, and amendments thereto.

“Chemical Restraint” means the use of medication to control a student’s violent, physical behavior or to restrict a student’s freedom of movement.

“Emergency Safety Intervention” is the use of seclusion or physical restraint, but does not include physical escort or the use of time-out.

“Incident” means each occurrence of the use of an emergency safety intervention.

“Law enforcement officer” and “police officer” mean a full-time or part-time salaried officer or employee of the state, a county, or a city, whose duties include the prevention or detection of crime and the enforcement of criminal or traffic law of this state or any Kansas municipality. This term includes a campus police officer.

“Legitimate law enforcement purpose” means a goal within the lawful authority of an officer that is to be achieved through methods or conduct condoned by the officer’s appointing authority.

“Mechanical Restraint” means any device or object used to limit a student’s movement.

“Parent” means:

• a natural parent;
• an adoptive parent;
• a person acting as a parent as defined in K.S.A. 72-3122(d)(2), and amendments thereto;
• a legal guardian;
• an education advocate for a student with an exceptionality;
• a foster parent, unless the student is a child with an exceptionality; or
• a student who has reached the age of majority or is an emancipated minor.

“Physical Escort” means the temporary touching or holding of 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. Physical escort shall not be considered an emergency safety intervention.

“Physical Restraint” means bodily force used to substantially limit a student’s movement, except that consensual, solicited, or unintentional contact and contact to provide comfort, assistance, or instruction shall not be deemed to be physical restraint.

“Purposefully isolate” when used regarding a student, means that school personnel are not meaningfully engaging with the student to provide instruction and any one of the following occurs:

1. Removal of the student from the learning environment by school personnel;
2. Separation of the student from all or most peers and adults in the learning environment by school personnel; or
3. Placement of the student within an area of purposeful isolation by school personnel.

“School Resource Officer” means a law enforcement officer or police officer employed by a local law enforcement agency who is assigned to a district through an agreement between the local law enforcement agency and the district.

“School security officer” means a person who is employed by a board of education of any school district for the purpose of aiding and supplementing state and local law enforcement agencies in which the school district is located, but is not a law enforcement officer or police officer.

“Seclusion” means placement of a student for any reason other than for in-school suspension, detention, or any other appropriate disciplinary measure in a location where both of the following conditions are met:

• School personnel purposefully isolate the student; and
• the student is prevented from leaving or has reason to believe, that the student will be prevented from leaving the area of purposeful isolation. 

“Time-out” means a behavioral intervention in which a student is temporarily removed from a learning activity without being secluded.

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 treatments for a student’s medical or psychiatric condition by a person appropriately licensed to issue such treatments; and
• Use of mechanical restraint, except:
  • Protective or stabilizing devices required by law or used in accordance with an order from a person appropriately licensed to issue the order for the device;
  • Any device used by a certified law enforcement officer to carry out law enforcement duties; or
  • Seatbelts and other safety equipment when used to secure students during transportation.