Kansas Statute 72-6151- 6158; Kansas Regulation 91-42-1 and 91-42-2

Laws governing the use of restraint (physical, mechanical & chemical), escort, seclusion and time-out in schools. Kansas’ Statutes and Regulations are virtually identical. Kansas’ use of force law regarding restraints and other emergency safety intervention is in conflict with its self defense and defense of others law.

Emergency safety intervention means the use of seclusion or physical restraint, but does not include the use of time-out.

• • School means any learning environment, including any nonprofit institutional day or residential school or accredited nonpublic school, that receives public funding or which is subject to the regulatory authority of the state board of education.
  • Physical escort means the temporary touching or holding the hand, wrist, arm, shoulder or back of a student who is acting out for the purpose of inducing the student to walk to a safe location. Physical escort shall not be considered an emergency safety intervention.
  • Physical restraint means bodily force used to substantially limit a student’s movement, except that consensual, solicited or unintentional contact and contact to provide comfort, assistance or instruction shall not be deemed to be physical restraint.
  • School resource officer means a law enforcement officer or police officer employed by a local law enforcement agency who is assigned to a district through an agreement between the local law enforcement agency and the district.

2-6153. Use of emergency safety interventions; seclusion room requirements; school district policies; dispute resolution procedures.

• • Emergency safety interventions shall be used only when a student presents a reasonable and immediate danger of physical harm to such student or others with the present ability to effect such physical harm. Less restrictive alternatives to emergency safety interventions, such as positive behavior interventions support, shall be deemed inappropriate or ineffective under the circumstances by the school employee witnessing the student’s behavior prior to 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. Use of an emergency safety intervention for purposes of discipline, punishment or for the convenience of a school employee shall not meet the standard of immediate danger of physical harm.
  • 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. The existence of such medical condition must be indicated in a written 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. Such written statement shall 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. Notwithstanding the provisions of this subsection, a student may be subjected to an emergency safety intervention, if not subjecting the student to an emergency safety intervention would result in significant physical harm to the student or others.
  • When a student is placed in seclusion, a school employee shall be able to see and hear the student at all times.

The following types of restraint shall be prohibited:

• • Prone, or face-down, physical restraint; supine, or face-up physical restraint; physical restraint that obstructs the airway of a student; or any physical restraint that impacts a student’s primary mode of communication.  This provision conflict with:

• • • KSA 21-5210-5212; 21-5220 and 21-5231.  A person can defend self and others from both legitimate threats of force and/or the application of physical force.
    • KSA 21-5222. A person is justified in using force to defend self and others against another’s actual or imminent use of unlawful force
    • KSA 21-5231.  Immunity.  A person that uses reasonable/lawful force in the protection of self and others is immunite from criminal prosectuion and civil action.  This provision also means that administrative action i.e. disciplinary actions or firing for reasonable/lawful use of force is unlawful.