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documentation regarding the training that was provided and a list of participants.
Notification and Documentation The principal or designee shall notify the parent, or if a parent cannot be notified then shall notify an emergency contact person for such student, the same day the ESI was used. Documentation of the ESI used shall be completed and provided to the student’s parents no later than the school day following the day on which the ESI was used. The parent shall be provided the following information after the first and each subsequent incident in which an ESI is used during each school year: (1) a copy of this policy which indicates when ESI can be used; (2) a flyer on the parent’s rights; (3) information on the parent’s right to file a complaint through the local dispute resolution process (which is set forth in this policy) and, once it has been developed, the complaint process of the state board of education; and (4) information that will assist the parent in navigating the complaint process, including contact information for Families Together and the Disability Rights Center of Kansas. Upon the first occurrence of an incident involving the use of emergency safety interventions, the foregoing information shall be provided in printed form and upon the occurrence of a second or subsequent incident shall be provided through a full website address containing such information. In addition, each building shall maintain documentation any time ESI is used with a student. Such documentation must include all of the following: • Date and time of the intervention, • Type of intervention, • Length of time the intervention was used, and • School personnel who participated in or supervised the intervention. All such documentation shall be provided to the building principal, who shall be responsible for providing copies of such documentation to the superintendent on at least a biannual basis. At least once per school year, each building principal or designee shall review the documentation of ESI incidents with appropriate staff members to consider the appropriateness of the use of ESI in those instances.
Reporting Data District administration shall report ESI data to the state department of education as required.
Three (3) Incidents of ESI for Same Student If a student with an IEP or a Section 504 plan has three incidents of ESI in a school year, then such student’s IEP team or Section 504 team shall meet within ten (10) days following the third incident to discuss the incident and consider the need to conduct a functional behavioral assessment, develop a behavior intervention plan or amend the behavior intervention plan if already in existence, unless the IEP team or Section 504 team has agreed on a different process. If a student without an IEP or Section 504 has three incidents of ESI in a school year, then the school staff and the parent shall meet within ten (10) days following the third incident to discuss the incident and consider the appropriateness of a referral for a special education evaluation, the need for a functional behavioral assessment, or the need for a behavior intervention plan. Any such meeting shall include the student’s parent, a school administrator for the school 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 such meeting.
The student who is the subject of such meetings after a third ESI incident shall be invited to attend the
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