Emergency Safety Interventions Kansas Regulations and Comparisons to Other States April 16, 2013
Introductions Presenters Update on Kansas regulations Trainings on regulations Resources Comparison of Kansas regulations to other states
Kansas Regulations The Kansas State Board of Education passed the ESI regulations, K.A.R. 91-42-1 and 91-42-2, on February 13, 2013. The regulations were printed in the Kansas Register on April 4, 2013. The regulations go into effect on April 19, 2013, 15 days after publication.
Kansas Regulations There are components of the regulations we are recommending that districts implement as of April 19. There are other components we recommend that districts make a good faith effort toward implementing, with full implementation by the 2013 14 school year.
Implementation of Regulations Red = Immediate Implementation Prohibition of certain types of restraint Written parental notification of the use of an ESI with a student within two school days Procedure for documentation of the use of an ESI Procedure for data collection of all instances of ESI Districts report all incidents of ESI to KSDE* Yellow = Good Faith Effort with Full Implementation by Beginning of 2013 14 School Year Development of district policies School personnel training Provide parents with annual notice of the district s ESI policies Review of all instances of ESI Local dispute resolution process
Training We have held four workshops on the regulations across the state since the Board passed the regulations. One each in Lenexa, Clearwater, Dodge City, and Oakley. Possible future workshops in geographic areas not represented at the first four workshops. September workshop in Topeka.
Future Trainings Parent training with Families Together and KPIRC. Early childhood training with the Kansas Inservice Training System (kits) and TASN Autism and Tertiary Behavior Supports. Supporting Project STAY in a training on prevention techniques, de-escalation techniques, and positive behavioral intervention strategies.
Resources
Resources Guidance document with sample forms for districts Webinar on TASN website with handouts for a facilitator or individuals Document compiling free and low-cost resources on positive behavior supports Bookmark Parent guide U.S. Department of Education s Restraint and Seclusion: Resource Document
Comparison of Kansas Regulations to Other States All of the following information was taken from a report titled How Safe Is The Schoolhouse?: An Analysis of State Seclusion and Restraint Laws and Policies. This report was compiled by Jessica Butler () and published by The Autism National Committee. All of the following information is copyrighted by Jessica Butler and used with her permission. You may access the report at http://www.autcom.org/pdf/howsafeschoolhous e.pdf. This report was last updated on March 30, 2013.
Definitions Law includes statutes, regulations, and executive orders, as they have the binding force of law. It does not include nonbinding policies or guidelines, which are not legally enforceable States describes the 50 states and the District of Columbia for a total of 51 states.
Overview of State ESI Laws Seventeen states have laws regarding restraint and seclusion for all students. Thirty states have laws regarding restraint and seclusion for students with disabilities. In addition, two states have laws regarding either seclusion or restraint, but not the other. Twelve states have nonbinding guidelines. Six states have no laws nor guidelines.
Overview of State ESI Laws Purple: State has a law regarding restraint and seclusion for all students. White: States does not have a law regarding restraint and seclusion for all students.
Overview of State Restraint Laws Twelve states have laws allowing restraint to be used only when necessary in emergencies threatening physical danger for all students. Seventeen states have laws allowing restraint to be used only when necessary in emergencies threatening physical danger for students with disabilities. Many states have no laws regarding when restraint may be used or permit restraint to be used with few limitations.
Overview of State Restraint Laws The states in blue have laws allowing restraint to be used only when necessary in emergencies threatening physical danger for all students. Of these states, New Hampshire, Oregon, and Rhode Island apply a serious physical danger standard. The others apply a physical danger or harm standard.
Overview of State Restraint Laws Eighteen states forbid restraints that impede breathing and threaten life for all students. Twenty-five states forbid restraints that impede breathing and threaten life for students with disabilities. Ten states forbid the use of prone restraint for all students. Eleven states forbid the use of prone restraint for students with disabilities. Fourteen states ban the use of mechanical restraint for all students. Eighteen states ban the use of mechanical restraint for students with disabilities. Thirteen states ban the use of chemical restraint for all students.
Overview of State Restraint Laws States in red have a law that bans all restraints that impair breathing. States in cyan (light blue) have a law that bans prone restraint only. States in blue have a law that bans both.
Overview of State Restraint Laws States in brown prohibit the use of mechanical restraint for all students. States in green prohibit the use of mechanical restraint for students with disabilities. States in pink permit mechanical restraint with restrictions. Massachusetts (permitted with parental consent and physician instructions); Maryland (banned except for certain schools with hospital accreditation); Nevada (permitted with a physician s order, but requires loosening every 15 minutes); and Washington (limited to binding limbs to object, unless included in IEP with parental consent).
Overview of State Restraint Laws States in green prohibit the use of chemical restraint with all students.
Overview of State Seclusion Laws Thirty-two states define seclusion as a process (or a space) in which a student is prevented from exiting. Nine states prohibit seclusion from being used in a nonemergency situation with all students. Fifteen states prohibit seclusion from being used in a nonemergency situation with students with disabilities. One state bans the use of seclusion with all students. Eight states permit seclusion of all students only when necessary in an emergency to protect against physical danger. Fifteen states permit seclusion of students with disabilities only when necessary in an emergency to protect against physical danger.
Overview of State Seclusion Laws The states in blue have a law which defines seclusion as a process (or a space) in which a child is prevented from exiting. The states in green have voluntary principles or guidance which suggests defining seclusion as a process (or a space) in which a child is prevented from exiting.
Overview of State Seclusion Laws The states in red have a law which limits the use of seclusion for all students to emergency threats of physical danger. The state in grey has a law that bans the use of seclusion for all students. The states in white either do not ban seclusion or do not limit the use of seclusion to emergencies threatening danger.
Parental Notification Thirty-three states have no laws requiring that parents of all students be informed of the use of restraint or seclusion. Twenty-two states have no laws requiring that parents of students with disabilities be informed of the use of restraint or seclusion. Of those states with parental notification laws or guidelines the vast majority are for one-day notification.
Parental Notification States in red have a law which requires a school to take steps to notify parents within one day or less (such as same-day notification). States in grey have nonbinding guidance which suggests notifying parents in one day or less.
Training Sixteen states for all students and twenty-one states for students with disabilities require training in conflict de-escalation and prevention of seclusion and restraint. Seventeen states for all students and twenty-one for students with disabilities require training in safe and appropriate use of seclusion and restraint. Six states for all students and eight for students with disabilities require training in first aid, signs of medical distress, cardiopulmonary resuscitation, or similar issues. Seven states for all students and nine for students with disabilities require training in the dangers of using seclusion and restraint. Six states for all students and eight for students with disabilities require training in state, local education agency, and school policies and procedures. Six states for all students require certification, proof of proficiency, or periodic re-training.
Congressional Impact: States Adopting or Revising ESI Laws Since First Congressional Bill Introduced in 2009 States in blue adopted new restraint and seclusion laws since 2009. States in green made significant changes to existing restraint and seclusion laws since 2009. The state in yellow (Connecticut) did not make widespread changes to its law, but added a provision requiring collection and reporting of data to the state.
Data Collection Eight states (shown in brown) require reporting of the use of ESI to the state education agency (SEA) for all students. One state (New Hampshire, shown in brown) requires reporting of the use of restraint only to the SEA for all students. Seven states (shown in green) require reporting of the use of ESI to the SEA for students with disabilities. One state (Pennsylvania, shown in yellow) requires collection of ESI data, but it is not reported to the state. Rather, it is made available for inspection during monitoring visits.
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