Changes to Emergency

Safety Intervention

LawJuly 2015

Agenda Introduce the emergency safety intervention statute

that became law in June 2015 Discuss changes Notifying parents of emergency safety intervention

incidents and dispute resolution Reporting emergency safety intervention data to

KSDE Helpful templates for districts and schools School personnel training Focus on prevention Conclusion More information

New Emergency Safety Intervention Statute

On January 28, 2015, a bill was introduced in the Kansas House regarding restraint and seclusion.

After many amendments and substitutes, a final bill was passed and signed by the governor. It became law upon publication in the Kansas Register and that occurred on June 4, 2015.

New Emergency Safety Intervention Statute

There are two titles for the statute:• The Freedom from Unsafe Restraint and Seclusion Act

• The Act• S Sub for Sub HB 2170

• Senate Substitute for Substitute House Bill 2170

You may also hear different terms referring to the various emergency safety intervention law or regulatory requirements• Statute

• The statute refers to the bill that became law on June 4, 2015 (the Act or HB 2170)

• Regulations• The Kansas Board of Education will adopt amended regulations

regarding the use of emergency safety intervention by March 1, 2016. The emergency safety intervention regulations are still in effect and have defined the use of emergency safety intervention in schools since April 2013.

• Standards• The emergency safety intervention statute and regulations provide

a uniform standard of when emergency safety intervention may be used. School districts are required to draft district policies that conform to the uniform standard in the emergency safety intervention statute and regulations.

New Emergency Safety Intervention Statute

The statute is organized in different sections• Section 1: Title• Section 2: Definitions• Section 3: Requirements and restrictions regarding the

use of seclusion and restraint• Section 4: Notification and required documentation to

parents, dispute resolution, and reporting data to KSDE• Section 5: Requirements after a third emergency safety

intervention incident• Section 6: Directions to the Kansas State Board of

Education to adopt regulations• Section 7: Establishment of emergency safety

intervention Task Force• Section 8: Expiration of provisions and amendments

(2018)• Section 9: “This act shall take effect and be in force from

and after its publication to the Kansas register.” This occurred on June 4, 2015.

New Emergency Safety Intervention Statute

Definitions Emergency Safety Intervention

• Means the use of seclusion or physical restraint

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

Seclusion• Means the placement of a student in a location where all of the

following conditions are met:• The student is placed in an enclosed area by school personnel• The student is purposefully isolated form adults and peers• The student is prevented from leaving or the student

reasonably believes that such student will be preventedfrom leaving the enclosed area

New Emergency Safety Intervention Statute

When May Emergency Safety Intervention be

Used? Emergency safety intervention shall only be used when the

student presents a reasonable and immediate danger of physical harm to self or others with the present ability to effect such physical harm

Less restrictive alternatives, such as positive behavior interventions support, must be deemed inappropriate or ineffective under the circumstances prior to emergency safety intervention being used

The use of emergency safety intervention must stop immediately when the danger of physical harm ends

Violent action that is destructive of property may necessitate the use of emergency safety intervention

emergency safety intervention must not be used for discipline, punishment, or the convenience of a school employee

Section 3(a)

New Emergency Safety Intervention Statute

When May Emergency Safety Intervention be

Used? A student cannot be secluded if staff know that a student

has a medical condition that could put the student in mental or physical danger.

When a student is placed in seclusion, a staff member must be able to see and hear the student at all times.

All seclusion rooms that have a locking door must be designed to ensure that the lock automatically disengages when the staff member watching the student walks away or in cases of emergency such as fire or severe weather.

If a school uses a seclusion room it must be a safeplace, free of any dangerous conditions, well-ventilated, and sufficiently lighted.

Sections 3(b)–(e)

Changes: Comparing the Emergency Safety Intervention

Statutes to the Emergency Safety Intervention RegulationsEmergency Safety

Intervention Regulations Regulations Passed in 2013 91-42-1 Definitions

• 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 emergency safety intervention.

• Parent not previously defined

Emergency Safety Intervention Statutes

Statutes Passed in 2015 Section 2 Definitions Section 3 Use of emergency

safety intervention• Emergency safety intervention means

the use of seclusion or physical restraint (Sec 2)

• Emergency safety intervention shall only be used when a student presents a reasonable and immediate danger of physical harm to student or others with the present ability to effect such physical harm. (Sec 3)

• Violent action that is destructive of property may necessitate the use of an emergency safety intervention. (Sec 3)

• Parent defined in 7 different instances (see slide 6)

Changes: Comparing the Emergency Safety Intervention

Statutes to the Emergency Safety Intervention Regulations

Emergency Safety Intervention Regulations

(2013) 91-42-1 and 91-42-2

• Description of seclusion contained in definitions

• Prohibition of prone, supine, chemical, and mechanical located in 91-42-2

• Less description is provided about when to seclusion may be used

Emergency Safety Intervention Statutes (2015)

Section 3 Use of emergency safety intervention• A student shall not be subjected to

seclusion if the student is known to have a medical condition that could put the student in mental or physical danger as the result of seclusion. The existence of such medical condition must be indicated in a written statement form the student’s licenses heath care provider, a copy of which shall be provided to the school and placed in the file (Sec 3)

• When a student is placed in seclusion, a school employee shall be able to see and hear the student at all times

• All seclusion rooms equipped with a locking door shall be designed to ensure that the lock automatically disengages when the school employee viewing the student walks away

• A seclusion room shall be a safe place with proportional and similar characteristics as other rooms where students frequent.

Changes: Comparing the Emergency Safety Intervention

Statutes to the Emergency Safety Intervention RegulationsEmergency Safety

Intervention Regulations (2013)

91-42-2• Written parental notification

whenever an emergency safety intervention is used. This notification shall be provided within two school days.

Emergency Safety Intervention Statutes (2015)

Sections 4 & 5: Parent Notification and Meetings• Parent notified the same day the

emergency safety intervention was used for every incident

• Parent provided documentation of emergency safety intervention no later than the school day following the incident for every incident

• Parent provided following information after the 1st emergency safety intervention incident in the school year: copy of the standards, flyer on parent rights, information on parent’s right to file a complaint through local dispute resolution, complaint process through state board of education, and information assisting the parent through the complaint process

• After 3rd emergency safety intervention incident in a school year, meeting held to discuss options (see slide 13)

Changes: Comparing the Emergency Safety Intervention

Statutes to the Emergency Safety Intervention RegulationsEmergency Safety

Intervention Regulations (2013)

91-42-2• Each district shall report all

incidents of emergency safety intervention to the Kansas state department of education by the date and in the form specified by the Kansas state department of education. An annual report shall be provided by the Kansas state department of education to the Kansas state board of education.

Emergency Safety Intervention Statutes (2015)

Section 4: Reporting to KSDE• State Department will compile reports that

include:• Number of incidents in which emergency

safety intervention used on students with IEP

• Number of incidents in which emergency safety intervention used on students with 504 plan

• Number of incidents in which emergency safety intervention used on students who do not have an IEP or 504

• Total incidents in which emergency safety intervention used on students

• Total number of students with Behavior Intervention Plan (BIP) subjected to emergency safety intervention

• Number of students physically restrained• Number of students placed in seclusion• Maximum and median number of minutes a

student was placed in seclusion• Maximum number of incidents in which

emergency safety intervention used on a student

• Information described above will be aggregated by age and ethnicity of the students on a statewide basis

Notifying Parents of Emergency Safety Intervention Incidents

There are new requirements for notifying parents of emergency safety intervention incidents under the emergency safety intervention statute.

1st Emergency Safety Intervention Incident of the School Year• Parents must be notified on the same day as the incident• Documentation of an emergency safety intervention incident must be

completed and provided to the parents no later than the school day following the incident

• Parents must be provided the following information in printed form• A copy of the standards of when emergency safety intervention

can be used• A flyer on parents’ rights under emergency safety intervention

law• Information on the parents’ right to file a complaint through the

local dispute resolution process and the administrative review process of the state board of education (available no later than March 1, 2016)

• Information that will assist the parents in navigating the complaint process, including contact information for Families Together and the Disability Rights Center of Kansas

Notifying Parents of Emergency Safety Intervention Incidents

Any Emergency Safety Intervention Incident After the First Emergency Safety Intervention Incident of the School Year• Parents must be notified on the same day as the incident• Documentation of an emergency safety intervention incident must be completed

and provided to the parent no later than the school day following the incident• The parent shall be provided a website address for the page on the school or

district website where the parent can find the following information:

• A copy of the standards of when emergency safety intervention can be used

• A flyer on parents’ rights under emergency safety intervention law

• Information on the parents’ right to file a complaint through the local dispute resolution process and the administrative review process of the state board of education (available no later than March 1, 2016)

• Information that will assist the parent in navigating the complaint process, including contact information for Families Together and the Disability Rights Center of Kansas

Required Meeting After Third Emergency Safety Intervention Incident

3rd Emergency Safety Intervention Incident of the School Year• Parent must be notified and receive documentation as required.

Additionally, the school must schedule a meeting as follows:• 3rd incident involving a student with an IEP or 504

• IEP or 504 team meet within 10 days of incident (student must be invited)• Discuss the incident and consider the need to conduct a functional behavioral

analysis, develop a behavior intervention plan (BIP) or amend either

• 3rd incident involving a student without an IEP or 504• Meeting between student’s parent and required school employees

within 10 days of the incident (student must be invited)• Discuss the incident and consider whether it would be appropriate

to refer the student for an evaluation for special education and the need for a functional behavioral analysis or a BIP

• Meeting must include: parent, school administrator, student’s teacher, school employee involved in the incident, and other school employees designed appropriate for the meeting. Student must be invited

Local Dispute Resolution

Emergency Safety Intervention Incident Occurs, Parent Notified

Parents receive documentation and feel

emergency safety intervention was used

appropriately.

Parents feel emergency safety intervention was used inappropriately

or did not follow the district’s emergency safety intervention policy,

the emergency safety intervention regulations, or the emergency safety

intervention statute.

Parents may choose to first speak with the building administrator to try to resolve the issue informally.

If this is effective, the building administrator should provide written documentation of the issues to the superintendent.

Parents file a written complaint with local board of education within 30 days of the emergency

safety intervention incident

Upon receiving a complaint, the local board will designate an individual to oversee an

investigation, maintaining confidentiality

The local board will mail the written findings of fact and proposed resolution to the parent and KSDE

within 30 days of receiving the complaintUpon receiving the report, parents may determine

the findings are sufficient and consider the dispute

resolved.Upon receiving the report, parents may

determine the findings are insufficient and the dispute was not resolved. If findings are not agreeable, parents may proceed to the

state administrative review process.

Administrative Review with State Board

A complaint is filed through the local dispute resolution process and the findings are not

agreeable or the local board did not respond in time

Parent files a written request with the Commissioner of Education. Must be submitted within 30 days of the completion of the local dispute resolution process or within 30 days of the

initial complaint if the local board did not issue findings

The Kansas State Board of Education will appoint a Review Officer to conduct a

review.

Investigation results will be provided to the state board, local board, parents, and district administrators within 60

days of the commissioner's receipt of the request for administrative review.

The Review Officer may initiate a separate investigation that may include: A discussion with

the parent Contacting the local

board or other staff involved

An on-site investigation

If the Review Officer finds new information, he/she may send the issue back to the local board.

Request for administrative review must include:

Name and contact information of student involved in emergency safety intervention incident

Name and contact information to the extent known for all involved parties including teachers, aides, administrators, and district staff

A statement describing the basis for the review with all supporting facts and documentation

The initial complaint, any written findings of fact provided by the local board and its proposed resolution if one was issued

Type or legibly write the statement and provide a signature

Reporting Emergency Safety Intervention Incidents to KSDE

In order to collect this information, reports to KSDE must be submitted at the student level based on the KIDS Student ID number

Reports to KSDE must now include:• KIDS Student ID number

• From this KSDE staff will pull:• Student race/ethnicity• Student age

• If the student had an IEP at the time of the incident• If the student had a 504 plan at the time of the incident• If the student had a BIP at the time of the incident• Date of incident• Type of incident (seclusion or physical restraint)• Duration of incident

Reports will be entered in the Kan-Dis web application

Two options to report:• An uploaded Excel spreadsheet• A form to fill out for each

incident

Reports can be entered by the building administrator or a district administrator

Templates and Guidance Documents Available

To assist in the transition to the new requirements under the emergency safety intervention statute, KSDE has developed guidance documents and templates for schools and districts to edit and use, if desired. These documents are available at www.ksdetasn.org.

Templates and guidance documents include:• emergency safety intervention standards document• emergency safety intervention law (contains the statute and regulations)• Changes in requirements under the emergency safety intervention statute• emergency safety intervention flow chart representing steps to take when an

emergency safety intervention occurs• Informational packet to distribute to parents after the 1st incident• Parental notification letter for subsequent emergency safety intervention incidents• Parental notification letter for 3rd emergency safety intervention incident with

meeting notice• emergency safety intervention changes flyer for all staff• Sample emergency safety intervention documentation form for staff• Excel spreadsheet to assist in documentation of emergency safety intervention

(coming soon)

A Focus on Prevention KSDE does not promote the use of emergency safety

intervention with any student

KSDE recommends a focus on prevention because there are REAL DANGERS when using emergency safety intervention

Emergency safety intervention is not part of a tiered intervention system or student behavior plan – it is ONLY to be used in an EMERGENCY

Emergency safety intervention is a reactive strategy and does not decrease the likelihood of the behavior from occurring

A Focus on Prevention Focus on using

proactive strategies to support students including positive behavior interventions and supports

De-escalation is helpful to begin to identify acting out behavior early and use proactive strategies to decrease the use of seclusion and restraint

more resources about de-escalation will be

available soon on www.ksdetasn.org

Conclusion The emergency safety intervention statute has been in

effect since June 4, 2015.

Emergency safety intervention is the use of seclusion or physical restraint on a student. An emergency safety intervention should only be used when the student presents a reasonable and immediate danger of physical harm to him/herself or others.

Emergency safety intervention should be used as a last resort. KSDE encourages proactive, preventative strategies ensure a safe learning environment for all students and staff.

Helpful Links and Contact Information

More information will be available soon regarding: • Best practices for writing a Functional Behavioral Assessment (FBA)• Best practices for writing Behavior Intervention Plans (BIP)• Reporting requirements and documentation

The following links contain the information described in the webinar:• Templates, guidance documents, emergency safety intervention statute

and regulations, and de-escalation documents: www.ksdetasn.org • Reporting emergency safety intervention data to KSDE through the

Kan-Dis web application: http://www.ksde.org/Default.aspx?tabid=571

For more information, contact Laura Jurgensen at ljurgensen@ksde.org or 785-296-5522

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, KS 66612, (785) 296-3201