Emergency Safety Interventions (ESI)

Emergency Safety Interventions (ESI) refers to the use of seclusion or physical restraint. District personnel may use seclusion and/or physical restraint only when less restrictive alternatives were determined by the school employee to be inappropriate or ineffective, and when a student's behavior presents an immediate physical danger to self or others. Violent actions that are destructive of property may necessitate the use of ESI. The use of ESI shall stop as soon as the immediate danger of physical harm ceases to exist.

Restrictions

The use of ESI for purposes of discipline, punishment or the convenience of a school employee is prohibited.
A student shall not be subjected to ESI if the school has received appropriate written documentation from the student’s licensed health care provider stating the student has a medical condition that could put them in mental or physical danger because of ESI. The written statement must include the student’s specific medical diagnosis, a list of reasons why ESI would be dangerous based on the diagnosis, and any suggested alternatives to ESI. A student may still be subject to ESI if not using it would result in significant physical harm to the student or others.

Campus police officers and school resource officers are exempt from ESI requirements when engaged in an activity with a legitimate law enforcement purpose. School security officers are not exempt.

Guidelines for Emergency Physical Restraint and Seclusion

Physical Restraint
Seclusion

Physical Restraint

Physical restraint may be used when the student's behavior presents an immediate physical danger to self or others or is violently destructive of property, and other interventions, such as positive behavior supports, to prevent dangerous behaviors are inappropriate or ineffective under the circumstances.

When physical restraint is used, the following principles apply:

The use of physical restraint shall stop as soon as the immediate danger of physical harm ceases to exist.
School personnel will use the safest method with the least amount of force, for the shortest amount of time possible during ESI.
The student's status will be visually monitored continuously throughout the process to ensure appropriateness of use and safety of the child, other children, teachers and other personnel.

The following physical restraint procedures are prohibited:

Use of restraint for purposes of discipline, punishment or for the convenience of a school employee is prohibited.
The use of prone physical restraint, supine physical restraint, physical restraint that obstructs the airway of a student or any physical restraint that affects a student's primary mode of communication is prohibited.
The use of chemical restraint, except as prescribed treatments for the student's medical or psychiatric condition by a person appropriately licensed to issue such treatments, is prohibited.

Seclusion

Seclusion may be used when the student's behavior presents an immediate physical danger to self or others or is violently destructive of property, and other interventions, such as positive behavior supports, to prevent dangerous behaviors are inappropriate or ineffective under the circumstances.

When seclusion is used, the following principles apply:

- The use of seclusion shall stop as soon as the immediate danger of physical harm ceases to exist.
- 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 a result of seclusion. The medical condition must be documented by the student's licensed health care provider, a copy of which has been provided to the school and placed in the student's health file.
- During seclusion, a school employee shall see and hear the student at all times. All areas of purposeful isolation are equipped with a locking door shall be designed to ensure that the lock automatically disengages when the school employee viewing the student walks away from the seclusion room, or in case of emergency, such as fire or severe weather.
- An area of purposeful isolation shall be a safe place with proportional and similar characteristics as other rooms where students frequent. Such an area shall be free of any condition that could be a danger to the student and shall be well-ventilated and sufficiently lighted.

Your Rights as a Parent

Parents Rights & Notifications

The principal or designee shall notify the parent the same day as the incident, a requirement that is satisfied if the school attempts at least two methods of contacting the parents (i.e. phone and text, or phone and email).

A parent may designate a preferred method of contact to receive notification.
A parent may agree, in writing, to receive only one same-day notification from the school for multiple incidents occurring on the same day.
Documentation of ESI shall be completed and provided to the parent within one school day of the incident. The documentation will include: a) events leading up to the incident; b) student behaviors that necessitated the ESI; c) steps taken to transition the student back to the educational setting; d) the date and time of the incident, type of ESI used, duration of the ESI and the school personnel who used or supervised the ESI; e) space or an additional form for parents to provide feedback or comments to the school regarding the incident; f) a statement that invites and strongly encourages parents to schedule a meeting to discuss the incident and how to prevent future incidents; and g) email and phone information for the parent to contact the school to schedule the ESI meeting. Schools may group incidents together when documenting items if the triggering issue necessitating the ESIs is the same.
Upon the first ESI each year, parents will be provided a printed copy, or upon written request, an email copy of: a) the ESI policy which indicates when ESI can be used; b) flyer of parent rights; c) information on the parent's right to file a complaint through the local dispute resolution process; d) the state board of education complaint process; and e) information to assist parents in navigating the complaint process. Upon the second or subsequent incident, the parent shall be provided with a full and direct website address containing all such information.
If the school is aware that a law enforcement officer or school resource officer has used seclusion, physical restraint or mechanical restraint, including handcuffs on a student, the school shall notify the parent the same day. The school is not required to provide written documentation to the parent, nor document this law enforcement action as an ESI.

Parent Right To Meeting Following ESI

After each incident, a parent may request a meeting with the school to discuss and debrief the incident. The student may be invited to attend the meeting at the discretion of the parent.

The school shall hold this meeting within 10 school days of receiving the parent's request. The time for calling the meeting can be extended beyond the 10-day limit if the parent is unable to attend within that time period.

Local Complaint Investigation Procedure

The Board of Education has delegated to the superintendent or his/her designee the authority to receive parental written complaints regarding the use of ESI.

Upon receipt of a complaint, the superintendent or designee will investigate the complaint and develop a written report which will include findings of fact, conclusions relevant to the requirements of this policy or regulations of the KSDE; and, if necessary, corrective actions to remedy an instance of noncompliance. The superintendent or designee shall submit the report to the Board of Education in executive session. The board may approve the report or require additional information before approving the report.

The written report will be submitted to the parents, the school, the Board of Education and the KSDE within 30 calendar days from the date the superintendent's office receives the complaint. Once such a procedure has been developed, a parent may file a complaint under the state board of education complaint process within 30 days from the date a final decision is issued pursuant to the local dispute resolution process.

Complaint Investigation Request Form

State Board Administrative Review Process

Any parent who filed a written complaint with their local board of education regarding the use of emergency safety intervention and is either not satisfied with the local board's final decision or did not receive a final decision within 30 days, may request an administrative review by the Kansas State Board of Education. Parents may use the Administrative Review Request Form available on the Emergency Safety Interventions page of the KSDE website to request administrative review. If there are questions on this process, please contact the Office of General Counsel at ogc@ksde.org or (785) 296-3204.=

KSDE Administrative Review Request Form