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Top 10 things you should know about emergency safety interventions (ESI). Sarah J. Loquist KASB Attorney July 22, 2013. #10 Prohibited Restraints. Certain restraints are prohibited Face-down (prone) physical restraint Face-up (supine) physical restraint
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Top 10 things you should know about emergency safety interventions (ESI) Sarah J. Loquist KASB Attorney July 22, 2013
#10 Prohibited Restraints • Certain restraints are prohibited • Face-down (prone) physical restraint • Face-up (supine) physical restraint • Physical restraint that obstructs airway • Physical restraint that impacts student’s primary mode of communication • Restraining hands of student who signs • Gagging a student • Covering student mouth with tape • Chemical restraint (except as prescribed) • Use of mechanical restraints (with exceptions)
Is any restraint okay? • YES • Seatbelts, devices used by law enforcement, protective/ stabilizing devices required by law or ordered by licensed healthcare professional for treatment of medical/psychiatric condition • BUT NOT THIS:
#9 special Definitions apply • Definitions can be found in K.A.R. 91-42-1 • Emergency Safety Intervention (ESI) • Seclusion – requires 3 conditions • Student placed in enclosed area by school staff • Student purposefully isolated from adults & peers • Student is prevented from leaving, or reasonably believes prevented from leaving, the enclosed area • Chemical Restraint • Mechanical Restraint • Physical Restraint • Physical Escort
Definitions • Chemical Restraint – Use of medication to control student’s violent physical behavior or restrict student’s freedom of movement. • Mechanical Restraint – Any device or object used to limit a student’s movement. • Physical Restraint – Bodily force used to substantially limit student’s movement. • Physical Escort – Temporary touching or holding of student’s hand, wrist, arm, back, or shoulder to induce student to walk to safe location.
Is time-out considered seclusion? • Not when used as defined in K.A.R. 91-42-1 • “Time-out” means a behavioral intervention in which a student is temporarily removed from a learning activity without being confined.
#8 Must have policy!!! • KASB’s recommended policy is included in these materials. • Policy includes all areas required by regulations. • Policy must be available on district website with links on all individual school pages AND one of the following: • Each school’s code of conduct • School safety plan • Student handbook
#7 Must have training!!! • All staff must be trained, to varying degrees, depending upon their position. • Includes bus drivers, custodians, cooks, etc. • All staff must be trained regarding the use of positive behavioral intervention strategies, de-escalation techniques, and prevention techniques. • Training must be “consistent with nationally recognized training programs on the use of ESI.” • Each school building must keep documentation of the training that was provided and the list of participants.
#6 must keep documentation! • Each building must maintain documentation of the following any time ESI is used: • Date and time of intervention, • Type of intervention, • Length of time intervention was used, and • School personnel who participated in, or supervised, the intervention. • Copies of all documentation must be provided to superintendent on at least biannual basis.
#5 must notify parents!!!!! • Provide written notification to parents any time ESI is used with their child • Must be provided within 2 school days • KASB has recommended form which could serve as both parent notification and documentation.
#4 Must Review Documentation • Each building principal must review all ESI documentation at least once per year with appropriate staff members to consider appropriateness of the use of ESI.
#3 Reporting to KSDE Required • All districts are required to report all instances of ESI in format prescribed by KSDE and at times prescribed by KSDE.
#2 Local dispute resolution process • Try informal resolution first – still have to provide report of informal resolution to the board of education, superintendent, & KSDE • Parents can file written complaint with clerk • Board investigates complaint & makes determination • Must be done within 30 days • Board must send copy of report to KSDE, school & parents
#1 applies to all students • ESI regulations do not apply just to special education students – now apply to regular education students as well. • No exception for altercations.
Questions?? • Contact KASB Attorneys: • Donna Whiteman – dwhiteman@kasb.org • John Rasmussen – jrasmussen@kasb.org • Lori Church – lchurch@kasb.org • Sarah Loquist – sloquist@kasb.org • Angie Stallbaumer – astallbaumer@kasb.org • 1-800-432-2471