Current through Register Vol. 43, No. 12, March 20, 2024
(a) When an
emergency safety intervention is used with a student, the school shall notify
the parent the same day the emergency safety intervention was used. The school
shall attempt to contact the parent using at least two methods of contact, one
of which shall be the preferred method of contact if so designated by the
parent as specified in this subsection. The same-day notification requirement
of this subsection shall be deemed satisfied if the school attempts at least
two methods of contact. A parent may designate a preferred method of contact to
receive the same-day notification required by this subsection. A parent may
agree, in writing, to receive only one same-day notification from the school
for multiple incidents occurring on the same day.
(b) The school shall provide written
documentation of the emergency safety intervention used to the parent no later
than the school day following the day on which the emergency safety
intervention was used. This documentation shall include the following:
(1) The date and time of the
intervention;
(2) the type of
intervention;
(3) the length of
time the intervention was used;
(4)
the school personnel who participated in or supervised the
intervention;
(5) the events
leading up to the incident;
(6) the
student behaviors that necessitated the emergency safety
intervention;
(7) the steps taken
to transition the student back into the educational setting;
(8) space or an additional form for parents
to provide feedback or comments to the school regarding the incident;
(9) a statement that invites and strongly
encourages parents to schedule a meeting to discuss the incident and how to
prevent future use of emergency safety interventions; and
(10) email and phone information for the
parent to contact the school to schedule the emergency safety intervention
meeting. Schools may group incidents together when documenting the items in
paragraphs (b)(5) through (7) if the triggering issue necessitating the
emergency safety interventions is the same.
(c) In addition to the documentation required
by subsection (b), the school shall provide the parent the following
information:
(1) After the first incident in
which an emergency safety intervention is used with a student during the school
year, the school shall provide the following information in printed form to the
parent or, upon the parent's written request, by email:
(A) A copy of the standards of when emergency
safety interventions can be used;
(B) a flyer on the parent's rights;
(C) information on the parent's right to file
a complaint through the local dispute resolution process and the complaint
process of the state board of education; and
(D) information that will assist the parent
in navigating the complaint process, including contact information for the
parent training and information center and protection and advocacy
system.
(2) After
subsequent incidents in which an emergency safety intervention is used with a
student during the school year, the school shall provide a full and direct web
site address containing the information in paragraph (c)(1).
(d) After each incident, a parent
may request a meeting with the school to discuss and debrief the incident. A
parent may request the meeting verbally, in writing or by electronic means. A
school shall hold a meeting requested under this subsection within 10 school
days of the date on which the parent sent the request. The focus of any meeting
convened under this subsection shall be to discuss proactive ways to prevent
the need for emergency safety interventions and to reduce incidents in the
future.
(1) For a student who has an
individualized education program or a section 504 plan, the student's
individualized education program team or section 504 plan team shall discuss
the incident and consider the need to conduct a functional behavioral analysis,
develop a behavior intervention plan, or amend either if already in
existence.
(2) For a student with a
section 504 plan, the student's section 504 plan team shall discuss and
consider the need for an evaluation under the special education for exceptional
children act,
K.S.A.
72-961 et seq., and amendments
thereto.
(3) For a student who has
an individualized education program and is placed in a private school by a
parent, a meeting called under this subsection shall include the parent and the
designee of the private school, who shall consider whether the parent should
request an individualized education program team meeting. If the parent
requests an individualized education program team meeting, the private school
shall help facilitate the meeting.
(4) For a student who does not have an
individualized education program or section 504 plan, the parent and school
shall discuss the incident and consider the appropriateness of a referral for
an evaluation under the special education for exceptional children act,
K.S.A.
72-961 et seq. and amendments thereto, the
need for a functional behavioral analysis, or the need for a behavior
intervention plan. Each meeting called pursuant to this subsection shall
include the student's parent, 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
administrator as appropriate for the meeting.
(5) The parent shall determine whether the
student shall be invited to any meeting called pursuant to this
subsection.
(6) The time for
calling a meeting pursuant to this subsection shall be extended beyond the
10-school-day limit if the parent of the student is unable to attend within
that time period.
(7) Nothing in
this subsection shall be construed to prohibit the development and
implementation of a functional behavioral analysis or a behavior intervention
plan for any student if the student could benefit from such measures.
(e) If a school is aware that a
law enforcement officer or school resource officer has used seclusion, physical
restraint or mechanical restraint on a student on school grounds or during a
school-sponsored activity, the school shall notify the parent on the same day
the school becomes aware of the use, using the parent's preferred method of
contact as described in
K.A.R.
91-42-4(a). A school shall
not be required to provide written documentation to a parent, as set forth in
subsection (b) or (c) regarding law enforcement use of an emergency safety
intervention, or report to the department law enforcement use of an emergency
safety intervention. For purposes of this subsection, mechanical restraint
includes, but is not limited to, the use of handcuffs.
(f) If a parent believes that emergency
safety interventions have been used in violation of this article or policies of
the school district, then within 30 days from being informed of the use of
emergency safety intervention, the parent may file a complaint through the
local dispute resolution process. Any parent may request an administrative
review by the state board within 30 days from the date the final decision was
issued pursuant to the local dispute resolution process.
