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Virtual Kit Kansas Emergency Safety Interventions Regulations Apply to Preschoolers!

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Virtual Kit: Kansas ESI Statute and Regulations Apply to Preschoolers!

Kit QT

In 2013 the Kansas State Board of Education developed Kansas Emergency Safety Interventions (ESI) regulations defining interventions, commonly referred to as seclusion and restraint, that should only be used in emergency situations. These regulations apply to any learning environment, including any nonprofit institutional day or residential schools and any accredited nonpublic school or preschool that receives public funding or which is subject to the regulatory authority of the state board of education.

In addition, Kansas ESI regulations require districts to develop written policies and disseminate that information, collect and report data on use of ESI with any student (in general or special education) including preschoolers, and notify parents in writing of any use of ESI. Districts are also required to provide training to staff on 1) emergency safety interventions, and 2) positive behavioral interventions strategies. Training must address prevention techniques, de-escalation techniques and positive behavioral intervention strategies and supports (PBIS). The focus is on preventing the need for the use of ESI.

new In 2015 the Kansas legislature passed an ESI law that became effective on June 4, 2015. While the ESI regulations remain in effect, the ESI statute creates new requirements. Most notable for practitioners are parameters about when an ESI may be used and changes in how and when parents (defined in statute) must be notified and the information that must be provided the first time an ESI is used with their child and thereafter should an ESI incident reoccur. There is a new requirement for convening a meeting following a third ESI incident with a child in the same school year. Other changes relate to dispute resolution, the compiling and reporting of ESI data at the district and state level, and the establishment of an emergency safety intervention task force. KSDE-TASN has provided updated resources to guide and assist local school boards and district administrators in reviewing and revising their ESI policies, procedures, information, and training to reflect the new 2015 ESI statute available at http://ksdetasn.org/tasn/emergency-safety-interventions-esi-resources. The purpose of this Virtual Kit is to direct early childhood administrators and practitioners to essential KSDE guidance documents on ESI as well as to provide resources supporting ESI training and implementation requirements in early childhood settings.

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