Emergency Safety Interventions “What Practitioners Need to Know” 1

From Guidelines to Regulations Kansas State Department of Education Timeline of Emergency Safety Intervention (ESI) in Kansas: 2005 – Kansas Senate considered bill to regulate ESI in schools (2005 SB 241) – The Kansas State Board of Education (the Board) passed non-binding guidelines on the use of seclusion and restraint in public schools. June 2011 – The Board adopted recommendation to change terminology to “Emergency Safety Interventions (ESI)” with seclusion and restraint under its umbrella and broadened reporting to instances of seclusion and restraint for ALL students (Special Education Advisory Council (SEAC) recommendation). March 2012 – The Board requested recommendations from SEAC on potential regulatory action regarding ESI. May 2012 – The Board unanimously (9-0) approved the recommended regulations. February 12, 2013 – Public hearing on the proposed regulations. February 13, 2013 – The Board voted (9-1) to approve the final regulations. April 19, 2013 – Regulations went into effect. 2

Process led by SEAC March 2012 to May /14 – The Board requests recommendation from SEAC 3/16 – Dr. Ann Matthews, chair of SEAC, meets with Kansas State Dept. Education (KSDE) staff to lay groundwork for how to proceed 3/19 – Meeting with TASN providers who provide technical assistance in and for behaviors 3/22 – Meeting with Kansas Parents Information Regional Center (KPIRC) who work primarily with parents of students who are not identified or receiving special educations services 3/23 – Meeting with the Disability Rights Center (DRC) and Families Together 3/23 – Meeting with Kansas Association of School Boards (KASB) and United School Administrators (USA) of Kansas 3/26 – Meeting with Project STAY, a contracted provider for technical assistance on behavior 3/27 – SEAC meeting via conference call to establish a roadmap leading to the SEAC meeting on 4/10 3/27 – Meeting with a parent in Wichita, who provided testimony on the use of ESIs with his son 3/28 – Follow up meeting with Families Together and KPIRC 3/30 – Teleconference with members of the Kansas Association of Special Education Administrators (KASEA) 4/ 9 – Follow-up meeting with DRC /10 – Meeting of SEAC 4/13 – Conference call with Families Together 4/13 – Follow up meeting with DRC and Families Together 4/17 – Presentation of SEAC recommendations to the Board; the Board tasked KSDE staff to develop proposed regulations for consideration at May meeting of the Board 4/30 – Meeting with DRC 4/30 – Phone conference with Families Together 5/9 – Presentation of KSDE recommendations for proposed regulations on the use of ESI 3

SEAC Recommendations to the Kansas State Board of Education (April 2012) 1.Regulations are necessary. 2.Any regulations on the use of ESI should be for all students. 4

Today’s Presentation Objectives 1.To define Emergency Safety Interventions – seclusion and restraint. 2.To identify if an ESI has occurred. 3.To identify the requirements of the ESI regulations. 4.Provide you with some initial training on Positive Behavioral Supports and De-Escalation Procedures. 5

State Regulations are in Alignment with National Resource Document U.S. Department of Education, Restraint and Seclusion Resource Document, published in May 2012 See 15 Principles 6

1. Every effort should be made to prevent the need for the use of restraint and for the use of seclusion. 2. Schools should never use mechanical restraints to restrict a child’s freedom of movement, and schools should never use a drug or medication to control behavior or restrict freedom of movement (except as authorized by a licensed physician or other qualified health professional). 3. Physical restraint or seclusion should not be used except in situations where the child’s behavior poses imminent danger of serious physical harm to self or others and other interventions are ineffective and should be discontinued as soon as imminent danger of serious physical harm to self or others has dissipated. 4. Policies restricting the use of restraint and seclusion should apply to all children, not just children with disabilities. Emergency Safety Intervention Guidance September, Guiding Principles 7

5. Any behavioral intervention must be consistent with the child’s rights to be treated with dignity and to be free from abuse. 6. Restraint or seclusion should never be used as punishment or discipline (e.g., placing in seclusion for out-of-seat behavior), as a means of coercion or retaliation, or as a convenience. 7. Restraint or seclusion should never be used in a manner that restricts a child’s breathing or harms the child. 8. The use of restraint or seclusion, particularly when there is repeated use for an individual child, multiple uses within the same classroom, or multiple uses by the same individual, should trigger a review and, if appropriate, revision of strategies currently in place to address dangerous behavior; if positive behavioral strategies are not in place, staff should consider developing them. 9. Behavioral strategies to address dangerous behavior that results in the use of restraint or seclusion should address the underlying cause or purpose of the dangerous behavior. 10. Teachers and other personnel should be trained regularly on the appropriate use of effective alternatives to physical restraint and seclusion, such as positive behavioral interventions and supports and, only for cases involving imminent danger of serious physical harm, on the safe use of physical restraint and seclusion. 8

11. Every instance in which restraint or seclusion is used should be carefully and continuously and visually monitored to ensure the appropriateness of its use and safety of the child, other children, teachers, and other personnel. 12. Parents should be informed of the policies on restraint and seclusion at their child’s school or other educational setting, as well as applicable Federal, State, or local laws. 13. Parents should be notified as soon as possible following each instance in which restraint or seclusion is used with their child. 14. Policies regarding the use of restraint and seclusion should be reviewed regularly and updated as appropriate. 15. Policies regarding the use of restraint and seclusion should provide that each incident involving the use of restraint or seclusion should be documented in writing and provide for the collection of specific data that would enable teachers, staff, and other personnel to understand and implement the preceding principles. 9

Regulations speak directly to: 1. What districts need to include and what is prohibited in policy; 2. What is, and is not, an ESI; 3. Where responsibilities lie at the local, district, and state level; and 4. What each parent can expect in terms of information on ESIs regardless of what school a child attends KSDE does not promote the use of ESI with any student. Every effort should be made to prevent the need for the use of restraint and for the use of seclusion. (U.S. Department of Education, Restraint and Seclusion: Resource Document, Washington, D.C., 2012 ) Please do not interpret the state regulations or this training to imply that KSDE endorses the use of seclusion or restraint with any student. Seclusion and Restraint are emergency procedures and should not be a planned intervention in any Individual Education Plan or Behavioral Intervention Plan. 10