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What happens if the school uses restraint or seclusion on my child?
The school must let you know if they use restraint or seclusion on your child on the same day they used it. Restraint and Seclusion are also called Emergency Safety Interventions (ESI). If the school cannot reach you, they will contact your child’s emergency contact. In total you will get two notifications – the day of and the follow-up in writing.
The next day the school must give you a written record of information including:
- Date and time the ESI was used
- Type of restraint or seclusion
- How long it lasted
- Name of the school employee that used the ESI
- What happened before the restraint or seclusion was used
- Your child’s behavior that caused the ESI to be used
- Steps that the school took to get your child back to his or her classroom after the use of restraint or seclusion
- Statement encouraging you to schedule a meeting about the event
- Email and phone number of who you should contact to schedule that meeting
The written record from the school will include space for you to give comments, or the school will provide you with a separate form for your comments.
After the first time an ESI is used with your child, the school has to provide you with a printed form including:
- A document explaining when ESI can be used
- A copy of your parent rights
- How to file a complaint
- Information that can help you during the complaint process.
- This includes information on Families Together, Inc. and the Disability Rights Center of Kansas
You can request a meeting to talk to the school about what happened. It is a good idea to make this in writing. They have to hold the meeting within 10 school days of your request.
If you are upset with the ESI that was used on your child, you have options. See the first link on the left for options for complaints after the use of ESI.
Sources & Additional Resources
How can I file a complaint if ESI was used on my child? Disability Rights Center of Kansas & Families Together, Inc.
What is ESI? Disability Rights Center of Kansas & Families Together, Inc.
Restraint & Seclusion. Disability Rights Center of Kansas & Families Together, Inc.
A Family Guide to the Use of Emergency Safety Interventions and Parental Rights. Families Together, Inc.
Emergency Safety Intervention (ESI) Regulations. Kansas State Department of Education.
Disclaimer: This fact sheet is not intended to provide specific legal advice. If you need legal advice, please contact an attorney. Only an attorney can give you specific legal advice based on your particular situation. We try to update our materials regularly, but the law can change frequently. This publication is based on the law at the time that it was written. Future changes in the law could make information in this fact sheet inaccurate.