Emergency Safety Intervention (ESI) Policies & Procedures

Emergency Safety Intervention (ESI) Policies & Procedures

The emergency safety interventions (ESI) law sets forth standards for the use of restraint and seclusion to ensure that all Kansas students and staff have a safe learning environment. The standards found in the ESI statutes and regulations are required to be followed in all Kansas public school districts and accredited private schools.

K.A.R. 91-42-1(c) defines Emergency Safety Interventions (ESI) as “the use of seclusions or physical restraint when a student presents an immediate danger to self or others. Violent action that is destructive of property may necessitate the use of an ESI.” Whenever and ESI is used, the parents/guardians must be informed within (2) school days.

District Policy

Board Policy GAAF – Emergency Safety Interventions

Standards for Use

Standards for the use of Emergency Safety Interventions

ESI Family Guide

English – A Family Guide to the Use of Emergency Safety Interventions (Seclusion and Restraint) in Kansas

Spanish – A Family Guide to the Use of Emergency Safety Interventions (Seclusion and Restraint) in Kansas

Local Dispute Resolution Process (part of the policy above)

If a parent believes that an emergency safety intervention has been used on the parent’s child in violation of state law or board policy, the parent may file a complaint as specified below.

The board of education encourages parents to attempt to resolve issues relating to the use of ESI informally with the building principal and/or the superintendent before filing a formal complaint with the board. Once an informal complaint is received, the administrator handling such complaint shall investigate such matter, as deemed appropriate by the administrator. In the event that the complaint is resolved informally, the administrator must provide a written report of the informal resolution to the superintendent and the parents and retain a copy of the report at the school. The superintendent will share the informal resolution with the board of education and provide a copy to the state department of education.

If the issues are not resolved informally with the building principal and/or the superintendent, the parents may submit a formal written complaint to the board of education by providing a copy of the complaint to the clerk of the board and the superintendent within thirty (30) days after the parent is informed of the incident.

Upon receipt of a formal written complaint, the board president shall assign an investigator to review the complaint and report findings to the board as a whole. Such investigator may be a board member, a school administrator selected by the board, or a board attorney. Such investigator shall be informed of the obligation to maintain confidentiality of student records and shall report the findings of fact and recommended action, if any, to the board in executive session.

Any such investigation must be completed within thirty (30) days of receipt of the formal written complaint by the board clerk and superintendent. On or before the 30th day after receipt of the written complaint, the board shall adopt written findings of fact and, if necessary, appropriate corrective action. A copy of the written findings of fact and any corrective action adopted by the board shall only be provided to the parents, the school, and the state department of education and shall be mailed to the parents and the state department within 30 days of the board’s receipt of the formal complaint.

If desired a parent may file a complaint under the state board of education administrative review process within thirty (30) days from the date a final decision is issued pursuant to the local dispute resolution process.

Approved:  July 13, 2016

http://www.usd253.org/board-of-education/board-policies/gaaf-emergency-safety-interventions/

Dispute Resolution Flowchart

Flow Chart – (Click to open)

State Board Administrative Review Process

Click here to open

State Board Administrative Review Guide for Parents

Click here to open