Heartspring - Residential Day School, Pediatric Services, Autism Services

Emergency Safety Interventions Summary

School Policy | 4.03

This is a summary of the Kansas State Department of Education Emergency Safety Interventions documentation.

Our Complete School Policy  
Kansas State Department of Eduction - ESI Law  
ESI Family Guide PDF  

Student and staff safety is always our primary concern. There are times when a student may demonstrate self-injurious, physically dangerous and/or destructive behaviors. In those situations, the student, peers and staff are at an increased risk for injuries and the student’s behaviors may require an immediate use of Emergency Safety Interventions (ESI) by Heartspring staff. The purpose of using ESI is to safeguard and help the student regain control so that learning may continue. In such situations, school personnel may physically restrain the student to protect him/her from injury, from hurting other students or adults, and from violent actions that may be destructive to property. The purpose of this policy is to ensure that all students have safe learning environments that are free from unreasonable restraint and seclusion, and are treated with respect and dignity. All Heartspring students in the School will have a Behavior Intervention Plan (BIP) and Individualized Training Plan (ITP), which will identify behavior intervention strategies as well as ESI procedures unique for the student.

Guiding Philosophy

The purpose of this guideline is to ensure that all students have safe learning environments that are free from unreasonable restraint and seclusion, and are treated with respect and dignity. That is, policies restricting the use of restraint and seclusion apply to all children, not just children with disabilities and ESI is not used as punishment or discipline (e.g., placing in seclusion for out-of-seat behavior), as a means of coercion or retaliation, or as a convenience. Behavior strategies will be chosen and implemented to address situations with the underlying potential of dangerous behaviors and to prevent the need for using ESI.

Definitions

The following terms shall have the following meanings:

• “Chemical restraint” means the use of medication to control violent physical behavior or restrict the student’s freedom of movement “District” means Heartspring Unified School District No. 758


• “Emergency Safety Interventions” means the use of seclusion or physical restraint.


• “Board of Education” means the Heartspring Board of Trustees of Heartspring Unified School District No. 758.


• “Mechanical restraint” means any device or object used to limit a person’s movement.


• ‘‘Parent’’ means any one of the following:
  • A natural parent;
  • an adoptive parent;
  • a person acting as a parent as defined in K.S.A. 72-1046(d)(2), and amendments thereto;
  • a legal guardian;
  • an education advocate for a student with an exceptionality;
  • a foster parent, unless the student is a child with an exceptionality; or
  • a student who has reached the age of majority or is an emancipated minor.


• “Physical escort” means the temporary touching or holding of the hand, wrist, arm, shoulder, or back for inducing a student who is acting out to walk to a safe location.


• “Physical restraint” means bodily force used to substantially limit a person’s movement, except that consensual, solicited or unintentional contact and contact to provide comfort, assistance or instruction shall not be deemed physical restraint.


• ‘‘School’’ means any learning environment, including any nonprofit institutional day or residential school or accredited nonpublic school, that receives public funding or which is subject to the regulatory authority of the state board of education.


• ‘‘School resource officer’’ means a law enforcement officer or police officer employed by a local law enforcement agency who is assigned to a district through an agreement between the local law enforcement agency and the district.


• ‘‘School security officer’’ means a person who is employed by a board of education of any school district for the purpose of aiding and supplementing state and local law enforcement agencies in which the school district is located, but is not a law enforcement officer or police officer.


• “Seclusion” means placement of a student in a location where all of the following conditions are met:
  • The student is placed in an enclosed area by school personnel;
  • The student is purposefully isolated from adults and peers; and
  • The student is prevented from leaving, or reasonably believes he or she will be prevented from leaving, the enclosed area.


• “Time-out” means a behavioral intervention in which the student is temporarily removed from the learning activity, but in which the student is not confined.

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 the appropriateness of its use and safety of the child, other children, teachers, and other personnel These Guidelines prohibit the following physical restraint procedures:

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. The use of mechanical restraint, except those protective or stabilizing devices either ordered by a person appropriately licensed to issue the order for the device or required by law, any device used by a law enforcement officer in carrying out law enforcement duties, and seatbelts or other safety equipment when used to secure students during transportation 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 exclusion 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 be able to see and hear the student at all times. All seclusion rooms 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. A seclusion room shall be a safe place with proportional and similar characteristics as other rooms where students frequent. Such room shall be free of any condition that could be a danger to the student and shall be well-ventilated and sufficiently lighted. Multiple Incidences of ESI Upon the third ESI for a student within a school year, a meeting will take place within ten (10) calendar days that will include the IEP team,504 team, or a general education team that includes the parent, teacher, staff member involved in the ESI, building administrator and any other District employee deemed appropriate by the school principal. In all cases, the student shall be invited to the meeting. The time for calling such a meeting may be extended beyond the ten (10) calendar day limit if the parent of the student is unable to attend within that time-period. This meeting can be waived by the parent or guardian if the parent or guardian indicates in writing that they wish to exercise their right not to conduct an additional meeting.

If a meeting is scheduled the team will discuss the incident(s) and consider:

• the need for a functional behavioral assessment,
• creation or changes to a behavior intervention plan, and
• if the student should be evaluated for services if the student has not been identified for a 504 plan or special education services.

Nothing in this section shall prohibit the development and implementation of a functional behavior assessment or a behavior intervention plan for any student who has not had three ESI incidents in a school year. This process may be modified by the agreement of the IEP team or 504 team.

Documentation Procedures

District personnel shall document any incident of ESI by the date and time of the intervention, the type of intervention, the length of time an intervention was used, and the school personnel who participated in or supervised the intervention.

The District designee will report incidents of using ESI to the Kansas State Department of Education (“KSDE”) by the date and in the form established by the KSDE and/or upon written request by the KSDE

School Personnel Training

The District designee will schedule school personnel ESI training programs consistent with nationally-recognized training programs on the use of emergency safety interventions. Training will address prevention techniques, de-escalation techniques and positive behavioral intervention strategies. Training is designed to meet the needs of personnel as appropriate to their duties and potential need for use of ESI procedures. The District designee will maintain written or electronic documentation of training provided and lists of participants in each ESI training program

Parent Rights and Notification

Upon use of an ESI, the school must notify the parent the same day of the incident. If the parent cannot be contacted, the school must notify the emergency contact listed in the student record. Written documentation, which includes date and time of the intervention, the type of intervention, the length of time the intervention was used, and the school personnel who participated in or supervised the intervention, shall be provided to the student’s parents no later than the next school day.

Board ESI Policy Notice

The first written ESI incident report shall be accompanied with a copy of:

• the district ESI policy;
• the parent’s rights;
• the local dispute resolution process; (Click here to download the Local Dispute Resolution Guide)
• the complaint process of the state board of education (when available); Once such a procedure has been developed, a parent may file a complaint under the state board of education complaint process within thirty (30) days from the date a final decision is issued pursuant to the local dispute resolution process.
• information that will assist the parent in navigating the complaint process, including contact information for Families Together and the Disability Rights Center of Kansas. For each subsequent incident, the parent notification form shall include a direct website address that contains all required ESI information.