Emergency Safety Interventions: Requirements

1. Emergency Safety Interventions: Requirements Updates from the Kansas Emergency Safety Intervention Statutes August 2015

2. Emergency Safety Intervention Regulations • In April 2013 the Kansas State Board of Education (State Board) passed regulations on the use of emergency safety interventions • These regulations are still in effect and must be followed by school and district staff

3. Emergency Safety Intervention Statutes • On January 28, 2015, a bill was introduced in the Kansas House regarding the use of restraint and seclusion in Kansas schools • After many amendments and substitutes, a final bill was passed and signed by the governor. These emergency safety intervention statutes became law on June 4, 2015. • You may hear these emergency safety intervention statutes referenced as The Freedom from Unsafe Restraint and Seclusion Act, the Act, or HB 2170.

4. Emergency Safety Intervention Statutes • What is different as a result of the new statutes? • Definitions • When an Emergency Safety Intervention may be used • Notifying Parents of an Emergency Safety Intervention Incident • Local Dispute Resolution and State Board Administrative Review of Local Dispute Resolution Process • Reporting Emergency Safety Intervention data to the Kansas State Department of Education (KSDE) • Helpful templates for districts and schools

5. Definitions • Definition of Parent • Means: • 1) a natural parent • 2) an adoptive parent • 3) a person acting as a parent as defined in K.S.A. 72-1046(d)(2) • 4) a legal guardian • 5) an education advocate for a student with an exceptionality • 6) a foster parent unless the student is a child with an exceptionality • 7) a student who has reached the age of majority or is an emancipated minor • Definition of School • Means any learning environment, including any non-profit institutional day or residential school or accredited nonpublic school, that receives public funding or which is subject to the regulatory authority of the state board of education

6. 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

7. Definitions • 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 from adults and peers • The student is prevented from leaving or the student reasonably believes that such student will be prevented from leaving the enclosed area

8. When May Emergency Safety Interventions Be Used? • Emergency Safety Interventions shall only be used when the student presents a reasonable and immediate danger of physical harm to self or others • The use of Emergency Safety Interventions must stop immediately when the danger of physical harm ends • Violent action that is destructive of property may necessitate the use of Emergency Safety Interventions Section 3(a)

9. When May Emergency Safety Interventions Be Used? • Less restrictive alternatives, such as positive behavior interventions support, must be deemed inappropriate or ineffective under the circumstances prior to an emergency safety intervention being used • Emergency Safety Interventions must not be used for discipline, punishment, or the convenience of a school employee Section 3(a)

10. When May Emergency Safety Interventions 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)

11. Notifying Parents of Emergency Safety Intervention Incidents • 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 Interventions incident must be completed and provided to the parent no later than the school day following the incident

12. Notifying Parents of Emergency Safety Intervention Incidents • 1st Emergency Safety Intervention Incident of the school year • Parents must be provided the following information in printed form: • A copy of the standards of when emergency safety interventions 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

13. Notifying Parents of Emergency Safety Intervention Incidents • For any subsequent emergency safety intervention incidents in 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

14. Notifying Parents of Emergency Safety Intervention Incidents • For any subsequent emergency safety intervention incidents in the school year • 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 interventions 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

15. Required Meeting After 3rd Emergency Safety Intervention Incident • 3rd Emergency Safety Intervention Incident of the School Year • Parent notification requirements are the same for every emergency safety intervention incident in a school year • 3rd incident for a student with an IEP or 504 • IEP or 504 team meet within 10 days of incident • Discuss the incident and consider the need to conduct a functional behavioral analysis, develop a behavior intervention plan (BIP), or amend either the functional behavioral analysis or BIP

16. Required Meeting After 3rd Emergency Safety Intervention Incident • 3rd Emergency Safety Intervention Incident of the School Year • 3rd incident on a student without an IEP or 504 • Meeting between student’s parent and school employees within 10 days of the incident • Discuss the incident and consider the appropriateness of a referral for an evaluation under the special education for exceptional children act, the need for a functional behavioral analysis, or the need for a BIP • Meeting should include: parent, school administrator, student’s teacher, school employee involved in the incident, and other school employees designated appropriate for the meeting

17. Local Dispute Resolution

18. State Board’s Administrative Review Process • This is a brief summary of proposed regulations regarding an administrative review of the local board’s decision. The exact procedure will be contained in the emergency safety intervention regulations upon final approval of the State Board. • A complaint is filed with the local dispute resolution process and the findings inadequately addressed parent concerns. • Next, a written complaint filed with the State Board. • Filing a complaint must be completed within 30 days of the completion of the local dispute resolution process • The State Board will appoint a Review Officer to conduct the review. • Investigation results will be provided within 60 days of the parents’ request for administrative review.

19. Reporting of Emergency Safety Intervention Incidents to KSDE • Reports to KSDE must be submitted at the student level based on the KIDS ID number • Reports to KSDE must now include: • KIDS ID number • From this KSDE staff will pull • Student race/ethnicity • Student age • Whether the student had an IEP at the time of the incident • Whether the student had a 504 at the time of the incident • Whether 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 • Fill out the form in the application • Reports may be submitted by either the building administrator or a district administrator

20. New Templates and Documents Are Available • To assist in the transition to the new requirements under the statutes, KSDE has developed documents and templates for schools and districts to edit and use, if desired. These are available at www.ksdetasn.org. • Templates and documents include: • Emergency Safety Intervention Law (Statutes and Regulations) • Changes in Emergency Safety Intervention Requirements under the Emergency Safety Intervention Statutes • A Family Guide to the Use of Emergency Safety Interventions (Seclusion and Restraint) in Kansas • Standards for the Use of Emergency Safety Intervention • Emergency Safety Intervention Sample Documentation Form • Template of Information to Provide to Parents After First Emergency Safety Incident in a School Year • Sample Parent Notification Letters • Emergency Safety Intervention Flowchart • Emergency Safety Intervention Flyer • Emergency Safety Intervention Bookmark • Excel spreadsheet to assist in documentation of Emergency Safety Intervention incidents (coming soon)

21. Emergency Safety Intervention Requirements • What’s the same? • Focus on prevention • Staff training • Continued regulatory requirements, including: • District policy • Prohibition on certain kinds of restraint • District procedure for data collection and review

22. A Focus on Prevention • KSDE does not promote the use of Emergency Safety Interventions with any student • KSDE recommends a focus on prevention because there are REAL DANGERS when using Emergency Safety Interventions • Emergency Safety Interventions are not part of a tiered intervention – it is ONLY to be used in an EMERGENCY • Emergency Safety Interventions is a reactive strategy and does not decrease the likelihood of the behaviorfrom occurring

23. 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

24. A Focus on Prevention • Emergency Safety Interventions should not be a planned intervention for a specific student under foreseeable circumstances. • Behavior plans should focus on the results of functional behavior assessments and teaching replacement behavior. • If you are planning for it, it means you can see it coming. If you can see it coming, every effort should be made for prevention.

25. School Personnel Training • District policies must include school personnel training consistent with nationally recognized training programs on the use of Emergency Safety Interventions. • Training must address prevention techniques, de-escalation techniques, and positive behavioral intervention strategies; • Training must be designed to meet the needs of personnel as appropriate to their duties and potential need to use an Emergency Safety Intervention; and • Schools and programs must maintain documentation on training provided and those who attended.

26. Data Collection and Review of All Instances of an Emergency Safety Intervention • Districts must establish a procedure for the collection, maintenance, and periodic review of the use of emergency safety intervention at each school. • Districts must develop a system to collect and maintain documentation for each use of an emergency safety intervention. • Information maintained by the school on the use of emergency safety intervention must be compiled and submitted, at least biannually, to the district superintendent or district designee.

27. Development of District Policies • Each district must update its Emergency Safety Intervention policy to be consistent with the requirements of the statutes and regulations. • District policies must include all requirements of the statutes and regulations. Examples of these requirements are: • Information on when emergency safety intervention may be used • Prohibition of the use of certain types of restraint • School personnel training • Procedure for documenting the use of an emergency safety intervention • Parental notification requirements • Required meetings after third incident • Procedure for data collection and review of all instances of emergency safety interventions • Local dispute resolution process

28. Prohibition of Certain Types of Restraint Prohibited types of restraint: • face-down (prone) physical restraint • face-up (supine) physical restraint • physical restraint that obstructs the student’s airway • physical restraint that impacts a student’s primary mode of communication • chemical restraint, except as prescribed by a licensed healthcare professional for treatment of a medical or psychiatric condition • mechanical restraint, except: • Protective or stabilizing devices required by law or used in accordance with an order from a licensed healthcare professional; • 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.

29. Take Away Point: If you use an Emergency Safety Intervention, you must • Document it. • Notify parents. • Learn from it. • Seek training on how to implement tiers of prevention and intervention.

30. Helpful Links and Contact Information • More information will be available soon regarding: • Analysis of emergency safety intervention data • Best practices for conducting a functional behavioral assessment or a functional behavioral analysis • Best practices for writing behavior intervention plans • Reporting requirements and documentation • The following links contain the information described in the webinar: • Templates, guidance documents, emergency safety intervention statutes 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.orgor 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