Seclusion means placement of a student in a location where all the following conditions are met:

1. the student is placed in an enclosed area by school personnel;
2. the student is purposefully isolated from adults and peers; and,
3. the student is prevented from leaving, or the student reasonably believes that such student will be prevented from leaving, the enclosed area.

Time-out is not the same as seclusion. Time-out is when a student is temporarily removed from the learning activity, but is not confined.

Restraint can take form in different ways.

Physical restraint means bodily force used to substantially limit a student’s movement. The use of prone physical restraint (face-down) and supine physical restraint (face-up) are prohibited.

Physical restraint is NOT:

• Consensual, solicited or unintentional contact and contact to provide comfort, assistance or instruction;
• physical escort;
• prescribed treatments for a student’s medical or psychiatric condition by a person appropriately licensed to issue these treatments;
• protective or stabilizing devices either ordered by an appropriately licensed professional or required by law;
• any device used by a law enforcement officer in carrying out law enforcement duties;
• and
• seatbelts and any other safety equipment when used to secure students during transportation.

Prohibited types of restraints:

• Prone, or face-down, physical restraint;
• supine, or face-up, physical restraint;
• any physical restraint that obstructs the airway of a student;
• any physical restraint that impacts a student’s primary mode of communication;
• chemical restraint (‘‘chemical restraint’’ means the use of medication to control a student’s violent physical behavior or restrict a student’s freedom of movement.); and
• mechanical restraint (‘‘mechanical restraint’’ means any device or object used to limit a student’s movement).

Mechanical restraint is defined as any device or object used to limit a student’s movement. The use of mechanical restraint is prohibited in Kansas except those protective or stabilizing devices ordered by a person appropriately licensed to issue the order for the device. Mechanical restraint used by a law enforcement officer in carrying out law enforcement duties is allowed. Seatbelts and/or other safety equipment when used to secure students during transportation are also allowed.

Chemical restraint is prohibited in Kansas. A student may take prescribed treatments for a medical or psychiatric condition when they are prescribed by a person who is properly licensed to prescribe medication.

Consensual, solicited, or unintentional contact and contact to provide comfort, assistance, or instruction is not physical restraint.

• May only be used when a student presents a reasonable and immediate danger of physical harm to self or others with the present ability to cause physical harm or property damage.
• Less restrictive alternatives, such as positive behavior interventions support, must be deemed inappropriate or ineffective under the circumstances by the school employee witnessing the student’s behavior prior to the use of any ESI.
• The use of ESI must stop as soon as the immediate danger of physical harm ends.
• ESI cannot be used for purposes of discipline, punishment, or for the convenience of a school employee.

Students with a known medical condition.

• An emergency safety intervention may not be used with a student if the student is known to have a medical condition that could put the student in mental or physical danger as a result of the emergency safety intervention.
• The existence of such medical condition must be indicated in a wri,en statement from the student’s licensed health care provider, a copy of which shall be provided to the school and placed in the student’s file.
• The written statement must include an explanation of the student’s diagnosis, a list of any reasons why an emergency safety intervention would put the student in mental or physical danger and any suggested alternatives to the use of emergency safety interventions.
• An emergency safety intervention may still be used if not subjecting the student to an emergency safety intervention would result in significant physical harm to the student or others.

Parents should be proactive and provide the district with written documentation from their child’s licensed health care provider outlining any medical condition that could put the student in mental or physical danger as a result of the ESI.