Summary: 

Upon the adoption of K.A.R. 91-42-2, Kansas schools were provided a new set of regulations to implement regarding school safety. Safety-Care can be used as a vital training tool to help meet the needs of staff and students in providing a safer learning environment. Below is a summary of the regulations.

How Safety-Care aligns: Numerous education organizations throughout the United States and Canada rely upon QBS and our Safety-Care training to provide their staff members with the training they need to help maintain a safe and healthy environment. Safety-Care provides a comprehensive, supportive approach to incident prevention, de-escalation, and management. Your Staff will learn practical strategies for helping students that use evidence-based practices consistent with PBIS (Positive Behavior Interventions and Supports) and ABA (Applied Behavior Analysis).  

Safety-Care can meet the requirements of Departmental Requirements in the following ways: 

Standards for the use of emergency safety interventions (K.A.R. 91-42-2)  

(a) An emergency safety intervention shall be used only when a student presents a reasonable and immediate danger of physical harm to the student or others with the present ability to effect such physical harm. Less restrictive alternatives to emergency safety interventions, including positive behavior interventions support, shall be deemed inappropriate or ineffective under the circumstances by the school employee witnessing the student’s behavior before the use of any emergency safety interventions. The use of an emergency safety intervention shall cease as soon as the immediate danger of physical harm ceases to exist. Violent action that is destructive of property may necessitate the use of an emergency safety intervention.  

(b) Use of an emergency safety intervention for purposes of discipline or punishment or for the convenience of a school employee shall not meet the standard of immediate danger of physical harm.  

(c)(1) A student shall not be subjected to an emergency safety intervention 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.

(d) When a student is placed in seclusion, a school employee shall be able to see and hear the student at all times.  

(g) The following types of restraint shall be prohibited:  

(1) Prone, or face-down, physical restraint;  
(2) supine, or face-up, physical restraint;  
(3) any restraint that obstructs the airway of a student;  
(4) any restraint that impacts a student’s primary mode of communication;  
(5) chemical restraint, except as prescribed treatments for a student’s medical or psychiatric condition by a person appropriately licensed to issue these treatments; and  
(6) the use of mechanical restraint, except those protective or stabilizing devices either ordered by a person appropriately licensed to issue the order for the device 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.  

(h) The following shall not be deemed an emergency safety intervention, if its use does not otherwise meet the definition of an emergency safety intervention:  

(1) Physical escort; and  
(2) time-out.  

How Safety-Care aligns: Safety-Care promotes the use of de-escalation prior to the use of any physical management. Physical management techniques are designed to ensure the safety of all participants and are only to be used until the situation has de-escalated. Safety-Care can be designed and taught to match local requirements regarding restraint but always focuses on the least restrictive and safest methods. All physical management techniques are role-played by trainees to ensure that they fully grasp the need for minimum restriction and full safety of all participants. Our Master Trainers verify each trainees use of these techniques in role-play, further ensuring their safe use. Each trainee must prove mastery of proper technique use before they can be certified in Safety-Care. Safety-Care trainings can be tailored to include or omitted holds and restraints that are prohibited by state and local statutes. 

a) Each district shall develop and implement written policies to govern the use of emergency safety interventions over all schools. At a minimum, written district policies shall conform to the standards, definitions, and requirements of this article. The written policies shall also include the following: 

(1)(A) School personnel training shall be designed to meet the needs of personnel as appropriate to their duties and potential need for the use of emergency safety interventions;  
(B) training shall address prevention techniques, de-escalation techniques, and positive behavioral intervention strategies  
(C) any training on the use of emergency safety interventions by the district shall be consistent with nationally recognized training programs; and  
(D) schools and programs shall maintain written or electronic documentation on training provided and lists of participants in each training; and  

(3) a system for the collection and maintenance of documentation for each use of an emergency safety intervention, which shall include the following:  

(A) The date and time of the emergency safety intervention;  
(B) the type of emergency safety intervention;  
(C) the length of time the emergency safety intervention was used;  
(D) the school personnel who participated in or supervised the emergency safety intervention;  
(E) whether the student had an individualized education program at the time of the incident;  
(F) whether the student had a section 504 plan at the time of the incident; and  
(G) whether the student had a behavior intervention plan at the time of the incident;  

(4) procedures for the periodic review of the use of emergency safety intervention at each school, which shall be compiled and submitted at least biannually to the district superintendent or district designee. 

How Safety-Care aligns: Safety-Care requires that all trainees comply with local laws and regulations regarding reporting and debriefing. Additionally, Safety-Care’s Trainer Connect program can be used to assist in documenting interactions where Safety-Care has been utilized.