2. 1. Introduce the emergency safety intervention statute that became law in June 2015 2. Review minor changes and clarification to definitions 2. Discuss parent notification and meeting requirements 3. Discuss documentation

3.  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.

4.  Emergency Safety Intervention (ESI)  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

5.  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

6.  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.

7.  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 no later than the school day following the incident: 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

8.  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 all of the information that was given in printed form after the first incident.

9.  Natural parent  Adoptive parent  A person acting as a parent  A legal guardian  An education advocate for a student with an exceptionality  A foster parent, unless the student is a child with an exceptionality  A student who has reached the age of majority or is an emancipated minor

10.  3 rd Emergency Safety Intervention Incident of the School Year  Parent must be notified and receive documentation as required.  Documentation of ESI incident  Website address for building or district ESI resources  If a student has an IEP or 504 plan, the student’s IEP team or 504 team shall meet after the third incident, unless the IEP team or 504 plan team has agreed on a different process.  IEP or 504 team meet within 10 days of incident (follow IDEA requirements for IEP meeting)  Student must be invited  The 10-day time for calling a meeting can be extended if parent or student is unable to attend  Discuss the incident and consider the need to conduct a functional behavioral analysis, develop a behavior intervention plan (BIP) or amend either  An FBA/BIP can be completed if student has had less than 3 ESI incidents  If the IEP or 504 team agrees on a process other than holding a meeting, document this decision and process carefully  Must be in writing, dated and have team member signatures  If a process is not in place, the IEP team MUST meet within 10 days of the third ESI incident

11.  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.

13. 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

14.  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

15.  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  Professional ESI documents for each district are available at the link below.  https://sites.google.com/a/greenbush.org/esi-resources/esi-forms-for-professional- staff- https://sites.google.com/a/greenbush.org/esi-resources/esi-forms-for-professional- staff-

16.  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

17.  Being calm and professional  Having a respectful voice tone and appropriate volume  Using non-threatening body language  Being respectful of student’s personal space  Redirecting, giving choices and setting limits If an ESI occurs: -Be supportive of student -Review incident with staff -Determine how it can be prevented in the future If an ESI occurs: -Be supportive of student -Review incident with staff -Determine how it can be prevented in the future

18.  Questions?