A Family Guide to the Use of
Emergency Safety Interventions
(Seclusion and restraint) in Kansas
Functional Behavioral Assessments
All behaviors are functional and are maintained in environments that support them. If your child's behavior impedes the learning of self or others, you may consider requesting a Functional Behavioral Assessment. A Functional Behavioral Assessment can help teams determine the when, how and why problematic behavior occurs. A comprehensive assessment includes interviews, record reviews, observation and data collection, graphing data collected, testing hypotheses, curriculum analysis, implementation of interventions and evaluation of effectiveness of the plan. assessments should identify antecedents (what happens just before the behavior occurs), a very clearly defined picture of the behavior that is occurring, and the reinforcers (what happens just after the behavior occurs). If a behavior meets a function for the student, the behavior will continue. Team need to determine what the function of the behavior is so that they may provide successful interventions or teach replacement behaviors that meet the same function for the student.
Behavior Intervention Plans
Behavior Intervention Plans (BIP) should be positive and instructive ans based upon a functional behavioral assessment. A BIP should address:
- The function of the behavior
- Effective teaching of the expected behavior
- Rewards and consequences that are meaningful to the student
- Opportunities to self-manage behaviors
TIP :A functional behavioral assessment can be conducted at any time for a student who does not respond to school-wide behavioral interventions. following the assessment, a behavioral intervention plan may be developed. As a parent, you have the right to request a functional behavioral assessment. Contact Families together for further assistance.
When May Emergency Safety Intervention be Used?
- May only be used when a student presents a reasonable and immediate danger of physical harm to such student or others with the present ability to cause physical harm.
- Less restrictive alternatives, such as positive behavior interventions support, must be deemed inappropriate or ineffective under circumstances by the school employee witnessing the student's behavior prior to the use of any EIS's.
- The use of ESI's must stop as soon as the immediate danger of physical herm ends.
- ESI cannot be used for purposes of discipline, punishment, or for the convenience of a school employee.
- A student may not be subjected to seclusion if the student is known to have a medical condition that could put the student in a mental physical danger as a result of seclusion. The existence of this medical condition must be indicated in a written statement from the student's licensed health care provider that is provided to the school and is placed in the students' file. Note that this exception does not apply to restraint.
- Violent destruction of property may also prompt the use of ESI.
What are the Requirements for Seclusion?
When a student is places in seclusion, a school employee must be able to see and hear the student at all times.
All seclusion rooms that have a locking door must be designed to make sure that the lock automatically disengages when the school employee watching the student walks away from the seclusion room, or in the case of emergency, such as fire or severe weather.
A seclusion room must be a safe place with proportional and similar characteristics as other rooms where students frequent. A seclusion room must be free of anything that could be a danger to the student and must be well-ventilated and sufficiently lighted.
when Must a Parent be Notified an ESI has been Used?
- The school must notify the parent the same day the ESI was used, If the parent cannot be notified, then the school must notify an emergency contact person for the student.
- Documentation of the ESI used must be completed and provided to the parent by the school day following the day on which the ESI was used.
- The parent must be provided with the following information in writing after the first ESI incident a school year and provided with this information after subsequent ESI incidents through a web address that contains this information:
- A copy of the standards of when the ESI can be used;
- A flyer on the parent's rights under ESI law;
- Information of the parent's right ot file a complaint through the local dispute resolution process and the complaint process of the Kansas State Board of Education; and
- Information that will assist the parent in navigating the complaint process, including contact information for Families Together and the Disability Rights Center of Kansas.
What Can I DO if I Feel the ESI has been Used Inappropriately with My Child?
If a parent believes that ESI's have been used that violate the ESI statute, ESI regulation's, or the districts ESI policy, then the parent may file a complaint through the local dispute resolution process within 30 days of the use os ESI.
A parent may file a complaint through the Kansas State Board if Education's complaint process within 30 days from the date that a parent received a final decision through the local dispute resolution process or after 30 days have passes since the parent filed a complaint through the local dispute resolution process, if the parent has not received the local board's final decision.
Requirements if there is a Third ESI Incident with a Student within a School Year
If there is a third ESI incident within a school year on a student with an IEP or a Section 504 plan, then the student's IEP or Section 504 team must meet within 10 days after the incident to discuss the incident and consider the need to conduct a functional behavior intervention plan (BIP), or amend the student's BIP if the student already has one. These requirements must be followed unless the student's IEP or Section 504 team agrees on a different process.
If there is a third ESI incident with in a school year on a student without an IEP or a Section 504 plan, then the student's parent and school employees must meet with 10 days after the incident to discuss the incident and consider the appropriateness of a referral for special education evaluation or the need for a FBA or BIP. The school employees involved in the meeting must include a school administrator for the school where the student attends, one of the student's teachers, a school employee involved in the incident, and any other school employees designated by the school administrators as appropriate to attend the meeting.
The student must be invited to any of the meetings referred to previously in this section.
The meetings referred to in this section may be extended beyond the 10-day requirement if the parent of the student in unable to attend within that time period.
TIP: If your child has a history of seclusion and restraint or challenging behavior, he ior she could be eligible for additional supports and interventions. Parents are welcome to contact Families Together, Inc, to discuss possible options.
Where can I find out more
Emergency Safety Interventions
(Seclusion and Restraint)?
Families Together, Inc
Topeka Parent Center-1-800-264-6343
Wichita Parent Center- 1-888-815-6364
Garden City parent Center- 1888-820-6364
Kansas Parent Information
Resource Center (KPIRC)
Kansas State Department of Education (KSDE)