Emergency Safety Interventions
What are schools required to do?
Develop and implement policies
Kansas regulations require that districts develop and implement written policies to govern the use of emergency safety interventions in all schools. The regulations require that district policies shall conform to the definitions and requirements set forth in the regulations. This means that seclusion and restraint may only be used when the student is presenting an immediate danger to self or others or if a violent destruction of property is occurring. The district's policies should be provided to parents once a year. The policies also should be available on the school's website and included in the school's code of conduct (school rules), school safety plan, or student handbook, or any combination of these.
School personnel should receive training consistent with nationally recognized training programs on the use of seclusion and restraint. The training should address prevention techniques, de-escalation techniques, and positive behavioral intervention strategies. Training should be designed to meet the needs of staff as appropriate to their duties and potential need to use ESI. Schools shall maintain written or electronic documentation on training provided and lists of participants in each training.
Document and notify
Parents must be notified in writing within one school day of the use of an emergency safety intervention on their child. The school must document any incident of ESI including the date and time, the type, the length of time the intervention was used, and the school personnel who participated in or supervised the intervention. The district must develop a procedure for the collection, maintenance, and periodic review of the use of ESI.
Establish local dispute resolution processes
Each district shall develop policies that, at a minimum, shall include:
- A complaint investigation procedure;
- A procedure for parents to present written complaints to the local board of education to initiate complaint investigation by the local board of education; and,
- A procedure for parents, the school, and the Kansas State Department of Education to receive written findings of fact and, if necessary, a corrective action from the local board of education within 30 days of filing a complaint by a parent.
Reference: K.A.R. 91-42-2