At a Glance — Banned Practices
Seclusion / Isolation Not Banned
Prone Restraint Banned
Supine Restraint Banned
Mechanical Restraint Banned
Chemical Restraint Banned
Corporal Punishment Not Banned
Definitions
Mechanical Restraint
"Mechanical restraint" means any device or object used to limit a student's movement.
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. "Emergency safety intervention" means the use of seclusion or physical restraint.
Chemical Restraint
"Chemical restraint" means the use of medication to control a student's violent physical behavior or restrict a student's freedom of movement.
Time-Out
"Time-out" means a behavioral intervention in which a student is temporarily removed from a learning activity without being seclude. (p) "Purposefully isolate," when used regarding a student, means that school personnel are not meaningfully engaging with the student to provide instruction and any one of the following occurs: (1) Removal of the student from the learning environment by school personnel; (2) separation of the student from all or most peers and adults in the learning environment by school personnel; or (3) placement of the student within an area of purposeful isolation by school personnel.
Seclusion / Isolation
Seclusion: Placement of a student for any reason other than for in-school suspension or detention or any other appropriate disciplinary measure in a location where the following conditions are met: (1) School personnel purposefully isolate the student. (2) The student is prevented from leaving, or the student has reason to believe that the student will be prevented from leaving the area of purposeful isolation.
Corporal Punishment
The Kansas State Department of Education (KSDE) has no state laws or statewide policies banning or regulating corporal punishment in K-12 public schools.
Seclusion Room Requirements
(4) If the area of purposeful isolation is equipped with a locking door designed to prevent a student from leaving the area of purposeful isolation, the door shall be designed to ensure that the lock automatically disengages when the school employee viewing the student walks away from the area of purposeful isolation, or in cases of emergency, including fire or severe weather. (5) Each area of purposeful isolation shall be a safe place with proportional and similar characteristics as those of rooms where students frequent. Each area of purposeful isolation shall be free of any condition that could be a danger to the student and shall be well-ventilated and sufficiently lighted.
Criteria for Use
Physical Restraint
(a) An emergency safety intervention shall be used only when a student presents a reasonable and immediate danger of physical harm to the student or others with the present ability to effect physical harm. Less restrictive alternatives to emergency safety interventions, including positive behavior interventions support, shall be deemed inappropriate or ineffective under the circumstances by the school employee witnessing the student's behavior before the use of any emergency safety interventions. The use of an emergency safety intervention shall cease as soon as the immediate danger of physical harm ceases to exist. Violent action that is destructive of property may necessitate the use of an emergency safety intervention.
(b) Use of an emergency safety intervention for purposes of discipline or punishment or for the convenience of a school employee shall not meet the standard of immediate danger of physical harm.
(c) (1) A student shall not be subjected to an emergency safety intervention if the student is known to have a medical condition that could put the student in mental or physical danger as a result of the emergency safety intervention. (2) The existence of the medical condition shall be indicated in a written statement from the student's licensed health care provider, a copy of which shall be provided to the school and placed in the student's file. The written statement shall include an explanation of the student's diagnosis, a list of any reasons why an emergency safety intervention would put the student in mental or physical danger, and any suggested alternatives to the use of emergency safety interventions. (3) In spite of the provisions of this subsection, a student may be subjected to an emergency safety intervention if not subjecting the student to an emergency safety intervention would result in significant physical harm to the student or others.
(d) (1) When a student is placed in seclusion, a school employee shall see and hear the student at all times. (2) The presence of another person in the area of purposeful isolation or observing the student from outside the area of purposeful isolation shall not create an exemption from otherwise reporting the incident as seclusion. (3) When a student is placed in or otherwise directed to an area of purposeful isolation, the student shall have reason to believe that the student is prevented from leaving. (4) If the area of purposeful isolation is equipped with a locking door designed to prevent a student from leaving the area of purposeful isolation, the door shall be designed to ensure that the lock automatically disengages when the school employee viewing the student walks away from the area of purposeful isolation, or in cases of emergency, including fire or severe weather. (5) Each area of purposeful isolation shall be a safe place with proportional and similar characteristics as those of rooms where students frequent. Each area of purposeful isolation shall be free of any condition that could be a danger to the student and shall be well-ventilated and sufficiently lighted.
Mechanical Restraint
N/A
Chemical Restraint
N/A
Seclusion / Isolation
(a) An emergency safety intervention shall be used only when a student presents a reasonable and immediate danger of physical harm to the student or others with the present ability to effect physical harm. Less restrictive alternatives to emergency safety interventions, including positive behavior interventions support, shall be deemed inappropriate or ineffective under the circumstances by the school employee witnessing the student's behavior before the use of any emergency safety interventions. The use of an emergency safety intervention shall cease as soon as the immediate danger of physical harm ceases to exist. Violent action that is destructive of property may necessitate the use of an emergency safety intervention.
(b) Use of an emergency safety intervention for purposes of discipline or punishment or for the convenience of a school employee shall not meet the standard of immediate danger of physical harm.
(c) (1) A student shall not be subjected to an emergency safety intervention if the student is known to have a medical condition that could put the student in mental or physical danger as a result of the emergency safety intervention. (2) The existence of the medical condition shall be indicated in a written statement from the student's licensed health care provider, a copy of which shall be provided to the school and placed in the student's file. The written statement shall include an explanation of the student's diagnosis, a list of any reasons why an emergency safety intervention would put the student in mental or physical danger, and any suggested alternatives to the use of emergency safety interventions. (3) In spite of the provisions of this subsection, a student may be subjected to an emergency safety intervention if not subjecting the student to an emergency safety intervention would result in significant physical harm to the student or others.
(d) (1) When a student is placed in seclusion, a school employee shall see and hear the student at all times. (2) The presence of another person in the area of purposeful isolation or observing the student from outside the area of purposeful isolation shall not create an exemption from otherwise reporting the incident as seclusion. (3) When a student is placed in or otherwise directed to an area of purposeful isolation, the student shall have reason to believe that the student is prevented from leaving. (4) If the area of purposeful isolation is equipped with a locking door designed to prevent a student from leaving the area of purposeful isolation, the door shall be designed to ensure that the lock automatically disengages when the school employee viewing the student walks away from the area of purposeful isolation, or in cases of emergency, including fire or severe weather. (5) Each area of purposeful isolation shall be a safe place with proportional and similar characteristics as those of rooms where students frequent. Each area of purposeful isolation shall be free of any condition that could be a danger to the student and shall be well-ventilated and sufficiently lighted.
Corporal Punishment
The Kansas State Department of Education (KSDE) has no state laws or statewide policies banning or regulating corporal punishment in K-12 public schools.
Time-Out
The following shall not be deemed an emergency safety intervention, if its use does not otherwise meet the definition of an emergency safety intervention: Physical escort and time-out.
Notifications & Reporting
Parent / Guardian Notification Required?
Yes
Notification Timeline
(a) When an emergency safety intervention is used with a student, the school shall notify the parent the same day the emergency safety intervention was used. The school shall attempt to contact the parent using at least two methods of contact, one of which shall be the preferred method of contact if so designated by the parent as specified in this subsection. The same-day notification requirement of this subsection shall be deemed satisfied if the school attempts at least two methods of contact. A parent may designate a preferred method of contact to receive the same-day notification required by this subsection. A parent may agree, in writing, to receive only one same-day notification from the school for multiple incidents occurring on the same day.
Incident Reporting Requirements
A system for the collection and maintenance of documentation for each use of an emergency safety intervention, which shall include the following: (A) The date and time of the emergency safety intervention; (B) the type of emergency safety intervention; (C) the length of time the emergency safety intervention was used; (D) the school personnel who participated in or supervised the emergency safety intervention; (E) whether the student had an individualized education program at the time of the incident; (F) whether the student had a section 504 plan at the time of the incident; and (G) whether the student had a behavior intervention plan at the time of the incident;
Reporting Timeline
All reportable emergency safety intervention data must be submitted by a student’s responsible building on the date of the incident.
Annual Reporting Requirements
(a) Each district shall report information from all incidents of emergency safety interventions that the department deems necessary to the department by the date and in the form specified by the department. (b) The department shall compile reports from schools on the use of emergency safety interventions and provide the results based on aggregate data on the department web site and to the state board, the governor and the committees on education in the senate and the house of representatives by January 20, 2016, and annually thereafter. The department's reported results shall include but shall not be limited to the following information: (1) The number of incidents in which emergency safety interventions were used on students who have an individualized education program; (2) the number of incidents in which emergency safety interventions were used on students who have a section 504 plan; (3) the number of incidents in which emergency safety interventions were used on students who do not have an individualized education program or a section 504 plan; (4) the total number of incidents in which emergency safety interventions were used on students; (5) the total number of students with behavior intervention plans subjected to an emergency safety intervention; (6) the number of students physically restrained; (7) the number of students placed in seclusion; (8) the maximum and median number of minutes a student was placed in seclusion; (9) the maximum number of incidents in which emergency safety interventions were used on a student; (10) the information reported under paragraphs (c)(1) through (c)(3) reported by school to the extent possible; (11) the information reported under paragraphs (c)(1) through (c)(9) aggregated by age, ethnicity, gender and eligibility for free and reduced lunch of the students on a statewide basis; and (12) any other information that the department deems necessary to report. (c) Actual data values shall be used when providing statewide aggregate data for the reports.
Annual Reporting Timeline
All reportable emergency safety intervention data must be submitted by a student’s responsible building on the date of the incident.
Where Annual Reports are Published
https://www.ksde.gov/data-and-reporting/emergency-safety-intervention
Scope of Coverage
Scope of Coverage
Emergency safety intervention law applies to “any learning environment, including any nonprofit institutional day or residential school and accredited nonpublic school, that receives public funding or which is subject to the regulatory authority of the state board of education.”
Training Requirements
Staff Training Requirements
(a) Each district shall develop and implement written policies to govern the use of emergency safety interventions over all schools. At a minimum, written district policies shall conform to the standards, definitions, and requirements of this article. The written policies shall also include the following: (1) (A) School personnel training shall be designed to meet the needs of personnel as appropriate to their duties and potential need for the use of emergency safety interventions; (B) training shall address prevention techniques, de-escalation techniques, and positive behavioral intervention strategies; (C) any training on the use of emergency safety interventions by the district shall be consistent with nationally recognized training programs; and (D) schools and programs shall maintain written or electronic documentation on training provided and lists of participants in each training;
Links & Notes
Relevant Links
Notes
They use seperate definitions for time out, seclusion, and purposefully isolate. They use the term Emergency Safety Intervention instead of using Restraint or Seclusion