Emergency Safety Interventions Policy

The board of education is committed to limiting the use of Emergency Safety

Interventions (“ESI”), such as seclusion and restraint, with all students. Seclusion

and restraint shall be used only when a student’s conduct necessitates the use of an

emergency safety intervention as defined below. The board of education

encourages all employees to utilize other behavioral management tools, including

prevention techniques, de-escalation techniques, and positive behavioral

intervention strategies.


This policy shall be made available on the district website with links to the policy

available on any individual school pages. In addition, this policy shall be included in

at least one of the following: each school’s code of conduct, school safety plan, or

student handbook.


Definitions (See K.A.R. 91-42-1)

“Emergency Safety Intervention” is 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 an emergency safety intervention.


“Seclusion” requires all three of the following conditions to be met: (1) the student is

placed in an enclosed area by school personnel; (2) the student is purposefully

isolated from adults and peers; and (3) the student is prevented from leaving, or

reasonably believes that the student will be prevented from leaving, the enclosed

area.


“Chemical Restraint” means the use of medication to control a student’s violent

physical behavior or restrict a student’s freedom of movement.


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

movement.


“Physical Restraint” means bodily force used to substantially limit a student’s

movement.


“Physical Escort” means the temporary touching or holding 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.


“Time-out” means a behavioral intervention in which a student is temporarily

removed from a learning activity without being confined.


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 by a licensed health care

professional for treatment of a medical or psychiatric condition; and

· Use of mechanical restraint, except:

o Protective or stabilizing devices required by law or used in accordance with

an order from a licensed healthcare professional;

o Any device used by law enforcement officers to carry out law enforcement

duties; or

• Seatbelts and other safety equipment used to secure students during

transportation.

Training

All staff members shall be trained regarding the use of positive behavioral

intervention strategies, de-escalation techniques, and prevention techniques. Such

training shall be consistent with nationally recognized training programs on the use

of emergency safety interventions. The intensity of the training provided will depend

upon the employee’s position. Administrators, licensed staff members, and other

staff deemed most likely to need to restrain a student will be provided more intense

training than staff who do not work directly with students in the classroom. District

and building administration shall make the determination of the intensity of training

required by each position.


Each school building shall maintain documentation regarding the training that was

provided and a list of participants.


Notification and Documentation

The principal or designee shall provide written notification to the student’s parents

any time that ESI is used with a student. Such notification must be provided within

two (2) school days.


In addition, each building shall maintain documentation any time ESI is used with a

student. Such documentation must include all of the following:

· Date and time of the intervention,

· Type of intervention,

· Length of time the intervention was used, and

· School personnel who participated in or supervised the intervention.


All documentation shall be provided to the building principal, who shall be

responsible for providing copies of such documentation to the superintendent 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 report ESI data to the state department of education as

required.


Local Dispute Resolution Process

The board of education encourages parents to attempt to resolve issues relating to

the use of ESI informally with the building principal and/or the superintendent before

filing a formal complaint with the board. In the event that the complaint is resolved

informally, the administrator must provide a written report of the informal resolution

to the superintendent and the parents and retain a copy of the report at the

school. The superintendent will share the informal resolution with the board of

education and provide a copy to the state department of education.


If the issues are not resolved informally with the building principal and/or the

superintendent, the parents may submit a formal written complaint to the board of

education by providing a copy of the complaint to the clerk of the board and the

superintendent.


Upon receipt of a formal written complaint, the board president shall assign an

investigator to review the complaint and report findings to the board as a

whole. Such investigator may be a board member, a school administrator selected

by the board, or a board attorney. Such investigator shall be informed of the

obligation to maintain confidentiality of student records and shall report the findings

and recommended action to the board in executive session.


Any such investigation must be completed within thirty (30) days of receipt of the

formal written complaint by the board clerk and superintendent. On or before the 30th

day after receipt of the written complaint, the board shall adopt written findings of

fact and, if necessary, appropriate corrective action. A copy of the written findings of

fact and any corrective action adopted by the board shall only be provided to the

parents, the school, and the state board department of education.


Approved: 07.22.13


Revised: 02.10.14


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