Information regarding Notice of Public Hearing on Proposed Administrative Regulations on Emergency Safety Interventions 2023

ESI Regulations Approved by DOA & AG
Economic Impact Statement
Public Hearing Notice- ESI Regulations May 2023 Hearing

During its May 2023 meeting, the Kansas State Board of Education approved amendments to its regulations governing the use of emergency safety intervention. During its presentation, the Kansas State Department of Education announced it created a seclusion evaluation tool. The purpose of the evaluation tool is to help educators work through various scenarios to determine whether their interventions result in the seclusion of a student.

Seclusion Evaluation Tool (link)

Emergency Safety Interventions (ESI)

An emergency safety intervention is the use of seclusion or physical restraint. The use of an emergency safety intervention shall cease as soon as the immediate danger of physical harm and violent action ceases to exist. Emergency safety interventions 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 emergency safety intervention statutes and regulations are required to be followed in all Kansas public school districts and accredited private schools.

Topics on this page:
ESI: Law and Guidance
ESI: Resources
ESI: Data Collection
ESI: Administrative Review
ESI: Administrative Review Decisions
ESI: Data Analysis


Emergency Safety Intervention Law

Emergency Safety Intervention Regulations (external link)
Seclusion Evaluation Tool for 2023 regulations (external link (Qualtrics))
 - The purpose of the evaluation tool is to help educators work through various scenarios to determine whether their interventions result in the seclusion of a student.


Emergency Safety Intervention Resources

All Emergency Safety Intervention resources are also located on the Kansas Technical Assistance System Network (TASN) website Emergency Safety Interventions (ESI) Resources.

ESI: What All Administrators need to know 2023: https://vimeo.com/847297130/982c92d2b0?share=copy

ESI: What All School Staff need to know 2023: https://vimeo.com/847305952/290d12aab3?share=copy

6 Key Components for Reducing ESI (external link)
Trauma-Responsive Student Support Plans (external link)
De-escalation of Behavior Modules (external link)
De-escalation Techniques PowerPoint (external link)
Positive Behavioral Interventions & Supports (external link)
Standards for the Use of Emergency Safety Intervention (external link)
A Family Guide to the Use of Emergency Safety Interventions (Seclusion and Restraint) in Kansas (English) / (Spanish) (external link)
Emergency Safety Intervention Prevention: Systems (external link)
Emergency Safety Intervention Prevention: Using Your ESI Data (external link)


Emergency Safety Intervention Data Collection

All emergency safety intervention data is reported in the Kansas Integrated Accountability System (KIAS) application.

Registering for KIAS (PDF). Please follow the instructions in this document to register for access to the KIAS application.
User Manual (PDF)
Reporting Guidance (PDF)
ESI data import template for single building (Excel)
ESI data import template for single multiple buildings (Excel)

Emergency Safety Intervention (ESI) Reporting Periods

Reporting Period

Incident Date Range Begins

Incident Date Range Ends

Submission Window Opens

Submission Window Closes

1

06/01/23

11/30/23

08/01/2023
(Submit ESI incidents that occurred on or between 6/1 and 11/30 of the current school year.)

12/20/2023

 

2

12/01/23

05/31/24

2/01/2024
(Submit ESI incidents that occurred on or between 12/01 and 5/31 of the current school year.)

06/10/2024

Emergency Safety Intervention Administrative Review

An emergency safety intervention is the use of seclusion or physical restraint. The use of an emergency safety intervention shall cease as soon as the immediate danger of physical harm and violent action ceases to exist. Emergency safety interventions law sets forth standards for the use of restraint and seclusion to ensure that all Kansas students and staff have a safe learning environment.

If a parent believes that an emergency safety intervention has been used with the parent’s child in violation of the State Board’s emergency safety intervention regulations or the district’s emergency safety intervention policy, the parent may file a complaint with the local board. The complaint must be filed within 30 days of the date on which the parent was informed of the use of that emergency safety intervention. The local board’s final decision must be in writing and include findings of fact and any corrective action required by the district if the local board deems these actions necessary. The local board’s final decision must be mailed to the parent and KSDE within 30 days of the local board’s receipt of the complaint. To comply with the requirement in K.A.R. 91-42-3(a)(2)(C) to mail the local board’s final decision to KSDE, the local board’s final decision must be mailed to Trish Backman, Special Education and Title Services, KSDE, Landon State Office Building, 900 S.W. Jackson, Suite 102, Topeka, KS 66612 or emailed to tbackman@ksde.org.

Any parent who filed a written complaint with their local board of education regarding the use of emergency safety intervention and is either not satisfied with the local board’s final decision or did not receive a final decision within 30 days, may request an administrative review by the Kansas State Board of Education. The form below may be used to request administrative review. Questions on this process, please contact the Office of General Counsel at ogc@ksde.org or 785-296-3204.

Administrative Review Request Form (PDF)
Emergency Safety Interventions (ESI) Resources (External Link)

Emergency Safety Intervention Administrative Review Decisions

Each decision has been redacted to remove the identification of the school district and any personally identifiable information of the student or the student’s parents. The initial file number represents the fiscal year in which the case was filed. Accordingly 2016-ESI-01 signifies the first Emergency Safety Intervention Administrative Review filed in the year 2016. All files are PDF.

2022-ESI-02 (PDF)
2022-ESI-01 (PDF)
2021-ESI-01 (PDF)
2019-ESI-01 (PDF)
2018-ESI-03 (PDF)
2017-ESI-02 (PDF)
2017-ESI-01 (PDF)
2016-ESI-01 (PDF)

For more information on the Data Collection for Emergency Safety Intervention please contact:
Trish Backman
785-296-6937
tbackman@ksde.org

For any question related to Emergency Safety Interventions, please contact:
Brian Dempsey
785-296-5522
bdempsey@ksde.org

Special Education, and Title Services Team

Director
Bert Moore
bmoore@ksde.org


Assistant Director
Doug Boline
dboline@ksde.org

Assistant Director
Brian Dempsey
bdempsey@ksde.org

Assistant Director
Kerry Haag
khaag@ksde.org

Assistant Director
Tate Toedman
ttoedman@ksde.org

Assistant Director
Dean Zajic
dzajic@ksde.org

 

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