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this webinar will provide you with important information regarding changes that have been made the state statutes that govern the use of emergency safety interventions in Kansas but first history on the process around how these statutes came into being in April 2013 the Kansas State Board of Education past regulations on the use of emergency safety intervention amended version of these regulations are still in effect and must be followed by School in District staff you can find a document that includes both the regulations and statute how many other useful resources on emergency safety intervention on a Kansas State Department of Education technical assistance system Network or Tazon website that is are you WWE ASN on the resource of this PowerPoint the end of the webinar once I'm at home page quick on the link on the left side of the screen that is for emergency safety interventions resources  continuing on June of 2015 statutes were enacted regarding the use of seclusion and restraint in schools these statues created an emergency safety intervention task force to study in can you use an emergency safety intervention and to prepare a report for the governor and the legislature on its findings and recommendations concerning the use of those interventions on July 2016 house substitute for Senate bill number 193 amending the emergency safety intervention statute went into effect all of the requirements of the safety intervention regulations and statues including the 2016 amendments are the basis of this webinar let's not go over some of the different terms that are you this webinar and also within the context of the regulations and statutes that govern the use of emergency safety interventions emergency safety intervention law are the requirement that relate to the use of emergency safety interventions they include both the statutes and the regulations the statutes are what were passed by the legislature and signed by the governor the freedom from unsafe restraint and seclusion at is the name of the statutes that were originally enacted in 2015 and amended in 2016 that concern the of emergency safety interventions the regulations are requirements adopted by the Kansas State Board of Education that have the full force and effect of law the relations were originally adopted in 2013 they were amended in 2016 and they will be amended in the future regulatory requirements refer to the requirements play to the use of emergency safety intervention and included both statutes and regulations refer to the fact that the emergency safety intervention make provide a uniform standard of when an emergency safety intervention may be used school districts are required to draft District policies that have informed the uniforms up the emergency safety intervention statutes and regulations there is a document on the ksde test website that contains all of the standards found in the emergency safety intervention statutes and regulations again this can be found at ww.w. the goal of this webinar is to provide you with an understanding of all the requirements concerning the use of emergency safety interventions these basic requirements include definitions knowing when an emergency safety intervention may be used the requirement of a known medical condition that could put the student in mental or physical danger as result of the emergency safety intervention requirements around notifying parents of an emergency safety intervention incident an exemption as pertains to law enforcement require what's around meeting with a parent to discuss an emergency safety intervention incident or incident District policies and school Personnel training requirements around local cheap resolution and it state board administrative review and requirements around reporting emergency safety intervention data the Kansas State Department of Education or ksde animus definition emergency safety intervention is defined as the use of seclusion or physical restraint incident is defined as each occurrence of the use of an emergency intervention physical restraint is defined as bodily force that is used to substantially limit a student movement except that consensual solicited or contact and contact provide Comfort Assistance or instruction shall not be deemed to be physical restraint physical escort is not physical restraint physical escort the temporary touching or holding hand wrist arm shoulder or back of a student who is acting out for the purpose of inducing the student to walk to a safe location what are the keys here is that in the definition of physical escort the student is walking seclusion is defined as the placement of the student in a location where all three what the following conditions are met number one the student is placed in an enclosed area by school Personnel this does not necessarily mean that the student is taken from point A and moved to it could be the student is in point a with others and in the room is cleared and it student finds that he or she has been effectively placed in seclusion number to this is purposely isolated from adults and. This means that there are no other adult or Pierce in the same space where the student is and number three the student is prevented from leaving or the student recently believes that will be prevented from leaving area it is important to understand that as defined in the regulations seclusion is not the same as time out time out is defined as a behavioral intervention in which a student temporarily is removed from a learning activity without being it is also important to understand that seclusion is not something that only happens when a student goes into a seclusion room or another space like a safe room it is up really defined as occurring whenever the student is in a school building so long as the three conditions all three of them are met simultaneously let's move on to the definition of apparent star seven definitions of apparent from the perspective of the regulations and statute that govern the use of seclusion and restraint in Kansas the first is a natural parent second is an adoptive parent that there is a person acting as a parent as defined in KSA 72 - 1046 subsection d to the 4th is a legal guardian V isn't education advocate for a student with an exceptionality the 6th is a foster parent unless the student is a child exceptionality and 1/7 is a student who has reached the age of majority or is an emancipated minor the school is defined as any learning environment including any Prophet institutional day or residential school or accredited non-public school that receives Public Funding of which is subject to the regulatory authority of the State Board education so when may mergency safety interventions be used an emergency safety intervention shall only be used when the student presents a reasonable and make danger of physical harm to self or others with the present ability to effect such physical harm further the use of emergency safety interventions must stop ass as the immediate danger of physical harm hands violent action that is destructive property and presents a reasonable and immediate danger physical harm to such students or with the present ability to effect such physical harm May necessitate the use of an emergency safety intervention  in using an emergency safety intervention less make the Vault ternative such as positive behavior intervention support must be deemed inappropriate or ineffective under the circumstances prior to an emergency safety intervention being you also an important Lee Emergency safety interventions must not be used for discipline punishment for the convenience of a School employee there are requirements to need to be in place anytime solution is you first when a student is placed in seclusion a staff member must be able to both see and hear this tuned at all time this includes being able to see the student when they are sitting at the bottom of the door or in a corner of the room if the room is student may be placed in does not have the ability to see the student at all times the school may consider installing a non-breakable mirror in order to see all parts of the room II us a crucian room that has a locking mechanism is part of the door must be designed ensure that the locking mechanism automatically disengages when the staff member watching the student walks away or cases of emergency that just fire or severe weather under no circumstances can a be in seclusion Law Without actively monitoring and engaging the locking mechanism third if it's cool uses a seclusion room it must be a safe place. conditions for ventilated insufficiently lighted there are several face down or face up supine physical restraint physical restraint that obstructs the students Airway physical restraint that impacts the students primary mode of communication chemical restraint except us Track by an appropriately licensed person or treatment of a medical or psychiatric condition and mechanical restrained except when the mechanical restraint is a protective or stabilizing to is required by law or used in accordance with an order from an appropriately licensed person or any device that is used by law enforcement officers to carry out life force duties or seat belts and other safety equipment used to secure students during transportation includes a campus police officer like both chemical and mechanical restraints are defined in the statutes that govern the use of emergency safety interventions set an emergency safety intervention may not be used with a student if the student is known to have a medical condition that could put the student in mental or physical danger as a result of emergency safety intervention this applies to both of use of seclusion and restraint the existence of such a medical condition must be indicated in a written statement from the stew Lexington provider a copy of which is provided to the school in place in the students file the written statement must include an explanation of the students diagnosis a list of reasons why an emergency safety intervention would put the student in mental or physical danger in any suggested alternatives to the use of emergency safety interventions add an emergency safety intervention may still be used if not using an emergency safety intervention would result in significant physical harm to the student or others for is there is a student with written documentation on file that the use of an emergency safety intervention would cause mental or physical danger but the student attempts to run out into a busy street this may be restrained for safety there is a sample form on a kste Tazon website that schools May provide to parents and parents can give the child's license care provider to document this information feel free to download in Eustis if desired with responsibility to notify parents following an emergency safety intervention the parents must be notified on the same day as the incident the same day notification requirement is satisfied if the school attempts to contact the parent using least two minutes of a parent May designate a preferred method of contact to receive the same day notification apparently agree in writing to receive only one same day notification for multiple occurring on the same day there is a form and website the district may use to allow parent to designate a preferred method of contact to receive the same day notification I'm a testing form is a place for the school to document that the parent has agreed to receive only one same day notification for multiple incidents occurring on the same day this form has been provided for convenience should you wish to use it to document these parent preferences there is no requirement this form be filled out for all students written documentation of an emergency safety incident must be completed and provided to the parent no later than the school they found the incident this must include a the events leading up to the incident behaviors necessitating the emergency safety intervention see steps taken to transition a student back into the educational setting D the date and time the incident occur the type of emergency safety intervention you the duration of the emergency safety intervention and the school Personnel who used or supervise the emergency safety intervention space or an additional form for parents to provide feedback or comments to the school regarding the incident at a statement that invites and strongly encourages parents to a meeting to discuss the incident and how to prevent future use of emergency safety interventions and G email and phone contact information for the parent to schedule an emergency the intervention meeting kste interprets written to me printed or electronic and Schools main group incidents together when documenting the items in letters a and see if the trigger issue necessitating the emergency safety interventions is the same there is a form on the kste test website that districts mayhew's to Schmidt's emergency safety intervention incidents there's also a sample that of the district's may you to notify parents of an emergency safety intervention incident turned in at school year parents must be provided the following information in printed form if a parent request in writing that the parent be provided this information in email rather than a print puppy the school may do that these are what need to be shared with parents at this time first a copy of the standards of when an emergency safety intervention can be used second of flyer turn the parents rights under emergency safety intervention law third information on the parents rights to file a complaint with their local board and the right to request administrative review why does state board and forth information that will assist the parent in navigating the complaint process including contact information for families together and the disability rights Center of for subsequent incident School must provide this information to parents with a full indirect website with the information on McKay STD testing website there is a template that schools filling with specific information for parents following an incident schools can also use the same template to fill in with general information and posted their school or District website information can be provided to parents at a fallen direct website also there is a form on a kste peasant website the schools may use to document a parent request to receive formation required after the first incident in a school year by email again there is no requirement that this form be used for all students kste anticipates that there are emergency safety intervention will likely be used with based on past experience with these students KSD also anticipates that there are parents who might have requested in the past to receive emergency safety intervention documentation via email District staff are welcome to inform parents of these new options available to them and their choices in these areas District statute feel free to discuss these things with parents as long as parents feel like exercising any of these options are true choices and the district is not forcing them into what certain choice if the school is aware that a law enforcement officer or a school resource officer use physical restraint or mechanical restraint on a stew going to school must notify the parent the same day using the parents preferred method of contact for emergency events however the school is not required to provide the documentation of the for the information to the parent that was specified in the previous two slides the school is not required to report these incidents to kste and Leslie restraint does include the use of handcuffs new in statutes is the exemption that campus police officers and school resource officers are exempt from the requirement of emergency safety intervention statutes and regulations when engaged in an activity that has a legitimate law enforcement purpose however School 30 officers are not exempt from the requirements of emergency safety intervention statutes and regulations campus police officer school resource officer and school secure officer are defined in the law and school should review these definitions to make sure they understand which of their staff may or may not be exempt the written document any emergency safety intervention incident must contain a statement that invites and strongly encourages parents to schedule a meeting to discuss the incident and how to prevent future use of emerge safety interventions what documentation need to be both email and phone information for the parent to contact the school to schedule the emergency safety intervention meeting after reach emergency safety intervention incident apparent May request a meeting with the school to discuss and debrief the incident apparent May request such meeting verbally in writing electronic means the focus of any meeting convened is to discuss proactive ways to prevent need for emergency safety interventions and to reduce incidents in the future if a parent request to meeting to discuss an emergency safety intervention incident the meeting must be called within 10 school days nothing prevent to school from grouping incident into one meeting for discussion as long as the timeline in the previous bulleted point is Matt the time for calling this meeting shall be extended beyond the 10 school day limit if the parent is unable to and within that time. And lastly the parent will determine whether the student shall be invited to the meeting there are different requirements regarding the parent meeting if the student does does not have an IEP or 504 plan school should review these requirements to make certain they understand which requirements apply in which situations student with an IEP was plates in a private school by a parent and the parent requests a meeting concerning the use of an emergency safety intervention the meeting must include both apparent and the it's cool I will discuss the incident and consider one of the parents request an IEP team meeting if the parent request an IEP team meeting the private school must have Sila take such meeting with the passing of amendments to the statutes that govern the use of emergency safety interventions comes the inevitable need to revise District policies Cassie's expectation is that this will be completed by the beginning of the 2016-2017 school year the revised District policy must be accessible on each School website it is not sufficient to be on a central district website Additionally the revised District policy must be included in the schools code of conduct school safety plan for student handbook revised District policy must include a schedule for when and how parents are provided with notice of the district's emergency safety policy the amendment to the regulations and statutes have not changed the school personal training requirement District policies must include School personal training for in requirements of emergency safety intervention law and must address both prevention and the escalation techniques as well as positive behavioral intervention strategies ask me earlier training requirements the level of training must be designed to meet the needs of personnel as appropriate to their duties and potential need to use an emergency safe prevention trainings need to be consistent with nationally recognized training programs and the schools must maintain documentation on training provided as well as including the list of with respect to data collection in review of all instances of emergency safety interventions District policy must establish a system by which documentation of each use of emergency safety intervention for all students for which the district is responsible is collected and maintained this also include students who the district has placed outside of the district sample in a special-purpose school it is the child responsible school that must collect and review all emergency safety intervention Dayton District policy must establish procedure by which each school will periodically review the use of emergency safety interventions for all students for which each school is responsible additional information play Tame by each school on the use of emergency safety intervention must be compiled and submitted at least biannually to the district superintendent or designee ASC has created this flowchart to help staff and the local dispute resolution process can I have the right to file a complaint with a local Board of Education if the parent believes that an emergency safety intervention was used with their child in violation of the emergency safe intervention statutes and regulations or the district's policy the parent has 30 days to file this complaint from the date the parent was informed of the use of emergency safety revention if a parent files a complaint with the local board the local board will then investigate the complaint within 30 days of the parent filing the complaint the local board issue a written final decision with findings of fact and in require corrective action if a local board does not issue the decision or if the parent is not satisfied with this issued the parent May proceed to the State Board administrative review process new the regulations is an administrative review process by the state board if a pair where to file a complaint with the local board and is not satisfied with the final decision about the use of an emergency safety intervention the parent made file a request for administrative review with state board so long as they file within 30 days of a local board final decision or if a local board fails to issue a decision within 60 days of filing a complaint with their local at this point the state board will designate a hearing officer to conduct a review of the local board's final decision the hearing officer May initiate a separate investigation instigation result will be provided to all stakeholders within 60 days of the Commissioners receipt of the request for administrative review begin with the 17 school year emergency safety intervention reporting will be done in the new kste web application the Kansas integrative accountability system as with last year Sportster kste must be submitted at the student level and include the kids ID number whether the student had either of the intervention plan IEP Bible for playing at the time of the incident the date and duration of the incident and whether the incident was a seclusion or physical restraint more information about reporting data 2K can be found on the emergency safety intervention page of the KFC website which is provided on the next line in this presentation formation and templates to school to use if desired schools can use the contact information on the left side of his PowerPoint to request that they be added to the Early Childhood special education and Title Services listserv remember when we think of using emergency safety intervention the focus needs to be on prevention kste does not promote an emergency safety interventions with any student and recognizes that there are real dangers from using emergency safety interventions that use of an emergency safety in Mansion is not part of the tier intervention plan is only to be used in an emergency and because emergency safety interventions are reactive strategies they do not decrease the likelihood of the behavior from a current in the future instead we want to focus on using proactive strategies including positive behavior interventions and de-escalation is helpful to begin to identify acting-out Behavior early and use proactive strategies to decrease the use of seclusion and restraint emergency safety interventions should not be a planned intervention for specific student under foreseeable circumstances rather behavior intervention plan should focus on the the functional behavioral assessment in the teaching of replacement behaviors if you find yourself planning to use either seclusion or restraint with a specific student it means you can predict it will if this is the case every effort should be made for prevention as we conclude here are four take away points if you use an emergency safety intervention make certain you documented II make certain you notify parents third make sure that you learn from it this includes creating the time for debriefing within the and reviewing whether all the support that have been in place for in fact program medical changes may be indicated to decrease the likelihood that the need for safety intervention Blocker in the future and Lapsley training on how to implement tiers of prevention and intervention should you have any further questions please feel free to contact Laura Jorgensen or Julie Eller at the Kansas State Department

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