1. July 2015

2.  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

3.  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.

4.  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.

5.  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.

6.  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 prevented from leaving the enclosed area

7.  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)

8.  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 safe place, free of any dangerous conditions, well- ventilated, and sufficiently lighted. Sections 3(b)–(e)

9. Emergency 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)

10. 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.

11. Emergency 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 1 st 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 3 rd emergency safety intervention incident in a school year, meeting held to discuss options (see slide 13)

12. Emergency 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

13.  There are new requirements for notifying parents of emergency safety intervention incidents under the emergency safety intervention statute.  1 st 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

14.  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

15.  3 rd 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: 3 rd 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 3 rd 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

16. 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 complaint Upon 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.

17. 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

18.  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  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

19.  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. 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 1 st incident Parental notification letter for subsequent emergency safety intervention incidents Parental notification letter for 3 rd 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)

20.  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

21.  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 www.ksdetasn.org more resources about de-escalation will be available soon on www.ksdetasn.org www.ksdetasn.org

22.  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.

23.  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.orgwww.ksdetasn.org Reporting emergency safety intervention data to KSDE through the Kan- Dis web application: http://www.ksde.org/Default.aspx?tabid=571http://www.ksde.org/Default.aspx?tabid=571  For more information, contact Laura Jurgensen at ljurgensen@ksde.org or 785-296-5522 ljurgensen@ksde.org 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