Notification and Documentation

The principal or designee shall notify the parent the same day as an incident.  The same-day notification requirement of this subsection shall be deemed satisfied if the school attempts at least two methods of contacting the parent. A parent may designate a preferred method of contact to receive the same-day notification. Also, a parent may agree, in writing, to receive only one same-day notification from the school for multiple incidents occurring on the same day. 

Documentation of the ESI used shall be completed and provided to the student’s parents no later than the school day following the day of the incident.  Such written documentation shall include:

• The events leading up to the incident;
• student behaviors that necessitated the ESI;
• steps taken to transition the student back into the educational setting;
• the date and time the incident occurred, the type of ESI used, the duration of the ESI, and the school personnel who used or supervised the ESI;
• space or an additional form for parents to provide feedback or comments to the school regarding the incident;
• a statement that invites and strongly encourages parents to schedule a meeting to discuss the incident and how to prevent future incidents; and
• email and phone information for the parent to contact the school to schedule the ESI meeting. Schools may group incidents together when documenting the items if the triggering issue necessitating the ESIs is the same.

The parent shall be provided the following information after the first and each subsequent incident during each school year:

• A copy of this policy which indicates when ESI can be used;
• a flyer on the parent’s rights;
• information on the parent’s right to file a complaint through the local dispute resolution process (which is set forth in this policy) and the complaint process of the state board of education; and
• information that will assist the parent in navigating the complaint process, including contact information for Families Together and the Disability Rights Center of Kansas. 

Upon the first occurrence of an incident of ESI, the foregoing information shall be provided in printed form or, upon the parent’s written request, by email. Upon the occurrence of a second or subsequent incident, the parent shall be provided with a full and direct website address containing such information.

Law Enforcement, School Resource, and Campus Security Officers

Campus police officers and school resource officers shall be exempt from the requirements of this policy when engaged in an activity that has a legitimate law enforcement purpose.  School security officers shall not be exempt from the requirements of this policy.

If a school is aware that a law enforcement officer or school resource officer has used seclusion, physical restraint, or mechanical restraint on a student, the school shall notify the parent the same day using the parent’s preferred method of contact.  A school shall not be required to provide written documentation to a parent, as set forth above, regarding law enforcement use of an emergency safety intervention, or report to the state department of education any law enforcement use of an emergency safety intervention.  For purposes of this subsection, mechanical restraint includes, but is not limited to, the use of handcuffs. 

Documentation of ESI Incidents

Except as specified above with regard to law enforcement or school resource officer use of emergency safety interventions, each building shall maintain documentation any time ESI is used with a student.  The documentation shall include all of the following:

• Date and time of the ESI,
• Type of ESI,
• Length of time the ESI was used,
• School personnel who participated in or supervised the ESI,
• Whether the student had an individualized education program at the time of the incident,
• Whether the student had a section 504 plan at the time of the incident, and
• Whether the student had a behavior intervention plan at the time of the incident.

All such documentation shall be provided to the building principal, who shall be responsible for uploading the information within the Kansas State Department of Education (KSDE) ESI database on at least a biannual basis.  At least once per school year, each building principal or designee shall review the documentation of ESI incidents with appropriate staff members to consider the appropriateness of the use of ESI in those instances.

Reporting Data

District administration shall ensure all ESI data is submitted to Kansas State Department of Education as required and review data as needed.