Sarah J. Loquist KASB Attorney July 22, 2013 Top 10 things you should know about emergency safety interventions (ESI) Sarah J. Loquist KASB Attorney July 22, 2013

#10 Prohibited Restraints Certain restraints are prohibited Face-down (prone) physical restraint Face-up (supine) physical restraint Physical restraint that obstructs airway Physical restraint that impacts student’s primary mode of communication Restraining hands of student who signs Gagging a student Covering student mouth with tape Chemical restraint (except as prescribed) Use of mechanical restraints (with exceptions)

Is any restraint okay? YES BUT NOT THIS: Seatbelts, devices used by law enforcement, protective/ stabilizing devices required by law or ordered by licensed healthcare professional for treatment of medical/psychiatric condition BUT NOT THIS:

#9 special Definitions apply Definitions can be found in K.A.R. 91-42-1 Emergency Safety Intervention (ESI) Seclusion – requires 3 conditions Student placed in enclosed area by school staff Student purposefully isolated from adults & peers Student is prevented from leaving, or reasonably believes prevented from leaving, the enclosed area Chemical Restraint Mechanical Restraint Physical Restraint Physical Escort

Definitions Chemical Restraint – Use of medication to control student’s violent physical behavior or restrict student’s freedom of movement. Mechanical Restraint – Any device or object used to limit a student’s movement. Physical Restraint – Bodily force used to substantially limit student’s movement. Physical Escort – Temporary touching or holding of student’s hand, wrist, arm, back, or shoulder to induce student to walk to safe location.

Is time-out considered seclusion? Not when used as defined in K.A.R. 91-42-1 “Time-out” means a behavioral intervention in which a student is temporarily removed from a learning activity without being confined.

#8 Must have policy!!! KASB’s recommended policy is included in these materials. Policy includes all areas required by regulations. Policy must be available on district website with links on all individual school pages AND one of the following: Each school’s code of conduct School safety plan Student handbook

#7 Must have training!!! All staff must be trained, to varying degrees, depending upon their position. Includes bus drivers, custodians, cooks, etc. All staff must be trained regarding the use of positive behavioral intervention strategies, de-escalation techniques, and prevention techniques. Training must be “consistent with nationally recognized training programs on the use of ESI.” Each school building must keep documentation of the training that was provided and the list of participants.

#6 must keep documentation! Each building must maintain documentation of the following any time ESI is used: Date and time of intervention, Type of intervention, Length of time intervention was used, and School personnel who participated in, or supervised, the intervention. Copies of all documentation must be provided to superintendent on at least biannual basis.

#5 must notify parents!!!!! Provide written notification to parents any time ESI is used with their child Must be provided within 2 school days KASB has recommended form which could serve as both parent notification and documentation.

#4 Must Review Documentation Each building principal must review all ESI documentation at least once per year with appropriate staff members to consider appropriateness of the use of ESI.

#3 Reporting to KSDE Required All districts are required to report all instances of ESI in format prescribed by KSDE and at times prescribed by KSDE.

#2 Local dispute resolution process Try informal resolution first – still have to provide report of informal resolution to the board of education, superintendent, & KSDE Parents can file written complaint with clerk Board investigates complaint & makes determination Must be done within 30 days Board must send copy of report to KSDE, school & parents

#1 applies to all students ESI regulations do not apply just to special education students – now apply to regular education students as well. No exception for altercations.

Questions?? Contact KASB Attorneys: 1-800-432-2471 Donna Whiteman – dwhiteman@kasb.org John Rasmussen – jrasmussen@kasb.org Lori Church – lchurch@kasb.org Sarah Loquist – sloquist@kasb.org Angie Stallbaumer – astallbaumer@kasb.org 1-800-432-2471