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Kansas State Department of Education K.A.R. 91-42-1, 91-42-2, 91-42-4, and 91-42-7

Category:
  • Active Regulations
Date Added: 2/28/2017
Public Hearing Date and Time: 1:30 p.m., Tuesday, May 9, 2017
Public Hearing Location: Board Room of the Landon State Office Building, 900 SW Jackson Ave., Suite 102, Topeka, Kansas

I.         Summary of Proposed Regulation, Including Its Purpose.

K.A.R. 91-42-1, 91-42-2, K.A.R. 91-42-4, and 91-42-7 are amended regulations that govern the use of emergency safety interventions (seclusion and restraint) with all students in all Kansas schools. The purpose of the regulations is to incorporate the changes made to the Freedom from Unsafe Restraint and Seclusion Act, specifically K.S.A. 2016 Supp. 72-89d02 through 72-89d05, and 72-89d08, and amendments thereto, which took effect July 1, 2016.

II.        Reason or Reasons the Proposed Regulations Are Required, Including Whether or Not the Regulations Are Mandated by Federal Law.

The Kansas State Board of Education (KSBE) previously adopted regulations concerning the use of emergency safety interventions pursuant to its authority under Article 6 of the Kansas Constitution.  The proposed amended regulations are necessary to ensure that the regulations are not in conflict with the Freedom from Unsafe Restraint and Seclusion Act, K.S.A. 2016 Supp. 72-89d01 through 72-89d08, and amendments thereto, and that standards and requirements governing the use of emergency safety interventions continue after the Act expires on June 30, 2020.  Federal law does not mandate these regulations.

III.      Anticipated Economic Impact upon the Kansas State Board of Education.

There is no anticipated economic impact to the Kansas State Board of Education.

IV.       Anticipated Financial Impact upon Other Governmental Agencies and upon Private Business or Individuals.

The Kansas State Board of Education does not anticipate economic impact on other governmental agencies or on private business or individuals.

Kansas State Department of Education K.A.R. 91-42-1, 91-42-2, 91-42-4, and 91-42-7

Any individual with a disability may request the regulations and supporting documents in an accessible format. Requests for accommodations should be made at least five working days in advance of the CRRB meeting by contacting (785) 271-3200 or crrb@ks.gov.