Kings County Special Education Local Plan Area

Kings County Special Education Local Plan Area POLICY/PROCEDURES

BEHAVIORAL INTERVENTION AND EMERGENCY INTERVENTION HUGHES BILL REQUIREMENTS

Behavioral Intervention Plans (BIPs) are developed and implemented for several different purposes. As used in this Local Procedure, the process is in the context of Hughes Bill Requirements described in 5 CCR 3052. The requirements specified here should not be confused with other behavior interventions plans.

Behavior interventions not subject to these requirements include Positive Behavior Intervention Strategies and behavior intervention plans based on a Functional Behavior Assessment (see Suspension/Expulsion). Any of these behavior plans may also be referred to as Behavior Support Plans (BSPs).

The IEP team determines the need for a BIP when it is determined that behavioral/instructional approaches specified in the student’s IEP have been ineffective. When an emergency intervention has been employed, it is deemed that the current behavior plan may be ineffective and must be reviewed for possible further assessment and modification. Student records must include documentation that there is a need to develop a Functional Analysis Assessment (FAA) as the basis of a BIP.

An FAA shall include the following required elements:

A systematic observation of the occurrence of the targeted behavior for an accurate definition and a description of the frequency, duration and intensity A systematic observation of the immediate antecedent events associated with each instance display of the targeted inappropriate behavior A systematic observation and analysis of the consequences following the display of the behavior to determine the function the behavior serves for the student An ecological analysis of the setting in which the behavior occurs most frequently A review of records for health and medical factors which may influence behaviors A review of the history of the behavior including the effectiveness of previously used behavioral interventions

An FAA results in a written report that includes:

A description of the nature and severity of the targeted behavior(s) in objective and measurable terms A description of the targeted behavior(s) including baseline data, antecedents and consequences

N1 May 2011 A functional analysis of the behavior(s) across all appropriate settings in which it occurs A description of the rate of the alternative behaviors, their antecedents and consequences Recommendations for consideration by the IEP team, which may include a proposed BIP

Based on the results of the FAA, the positive programming for behavioral intervention may contain one or all of the following components:

Altering the identified antecedent to prevent the occurrence of the behavior Teaching the individual alternative behaviors that produce the same consequences as the inappropriate behavior Teaching the individual adaptive behaviors that ameliorate negative conditions that promote the display of inappropriate behaviors Manipulating the consequences for the display of targeted inappropriate behaviors and alternative, acceptable behaviors so that it is the alternative behaviors more effectively produce desired outcomes

The effectiveness of the BIP is evaluated through the following procedures:

A baseline measure of the frequency, duration and intensity of the targeted behavior, taken during the FAA Measures of the frequency, duration and intensity of the targeted behavior(s) taken after the BIP is implemented at scheduled intervals determined by the IEP team Documentation of program implementation as specified in the BIP Measures of program effectiveness is reviewed by the teacher, the case manager, the parent and others as appropriate at the scheduled intervals determined by the IEP team

When the IEP team determines that changes are necessary to increase program effectiveness, the teacher and the behavioral intervention case manager (BICM) conduct additional FAAs, and, based on the outcomes propose changes to the BIP.

Behavior interventions written into the BIP shall not include any intervention designed to:

Cause physical pain Kings County Special Education Local Plan Area POLICY/PROCEDURES

Release noxious or otherwise unpleasant substances in proximity to the student’s face Deny adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities Subject the student to verbal abuse, ridicule or humiliation, or excessive emotional trauma Result in restrictive intervention, including prone containment, locked seclusion that precludes adequate supervision of the individual Deprive the individual of one or more of his or her senses

V. Behavior Emergencies

A. Restrictive procedures are to be used only in the case of a behavioral emergency to control unpredictable, spontaneous behavior that poses a clear and present danger of serious harm to the individual, others or property, and which cannot be immediately prevented by a response less restrictive than the temporary application of a technique to contain the behavior. Any type of physical restraint, including prone restraint, used by a staff member on a student as a management technique shall be considered an emergency intervention and as such, shall be used only by staff that has been trained in their use. 1. Emergency interventions, such as those described below, are to be used only when a student is so physically uncontrollable that he/she is incapable of responding to other measures. 2. Emergency intervention techniques approved for use by the Kings County SELPA include any physical restraint procedures which are used in Professional Assault Crisis Training (ProACT) or other professionally accepted physical intervention techniques. 3. No emergency intervention shall be used for longer than is necessary to contain the behavior, that is, once the individual is calm. (Specific BIPs may operationally define “calm.”) 4. Procedures for emergency interventions are as follows: a) Educational staff member contains the individual if possible b) If necessary, educational staff member calls the trained emergency response team or calls law enforcement whenever a behavioral emergency occurs c) Emergency response team, or law enforcement officer, contains the individual d) Program administrator is notified immediately following the emergency response by the educational staff member in all cases where an emergency intervention is employed

N3 May 2011 e) Parent is notified immediately (within 24 hours) by an educational staff member, or administrator, in all cases where an emergency intervention is employed f) Per Education Code, the local law enforcement agency is notified at the discretion of the program administrator if assault/battery has occurred. g) The educational staff member involved shall write a Behavioral Emergency Report by the end of the same school day. The report is forwarded to the program administrator on the same day and a copy is forwarded to the SELPA office. h) Student does not have a current behavior plan. Within two days of the behavioral emergency, the designated responsible administrator shall determine the necessity for a functional behavioral assessment (FBA) or an FAA; determine the need for an interim behavioral intervention plan; and, if necessary, convene an IEP meeting. i) Anytime a Behavioral Emergency Report is written regarding an individual who has a behavioral intervention plan, any incident involving a previously unseen serious behavior problem or where a previously designed intervention is not effective should be referred to the IEP team to review and determine if the incident constitutes a need to modify the plan. 5. Emergency interventions may not include locked seclusion, use of an amount of force that exceeds that which is reasonable and necessary under the circumstances, employment of any device or materials which simultaneously immobilize all four extremities, e.g. soft ties, mats, rugs, use of handcuffs, restraints, ties, face masks, etc. This does not prohibit the use of prone containment. B. (1) The Behavior Emergency Report includes: The name and age of the individual The setting and location of the incident The staff or other persons involved in the incident A description of the incident and the emergency intervention used

whether the individual is currently engaged in a systemic behavioral intervention plan the details of any injuries sustained by the individuals or others including staff as a result of the incident (2) Behavior Emergency Reports are immediately forwarded to and reviewed by a designated administrator (3) Behavioral Emergency Reports are forwarded to the SELPA for reporting to the California Department of Education and Advisory Commission on Special Education. Kings County Special Education Local Plan Area POLICY/PROCEDURES

C. Behavioral emergency intervention training such as Professional Assault Crisis Training (ProACT), or Nonviolent Crisis Prevention through the Crisis Prevention Institute (CPI) will also be provided by the Kings County SELPA annually, and on an as-needed basis.

D. The case manager will supervise the implementation of all behavioral intervention plans, and assist in training applicable personnel.

E. Duties The BICM shall provide, but not be limited to, all of the following:

1) Consultation upon request to staff on possible referrals for behavioral assessment and intervention. 2) Training or assistance in the training of staff in data collection procedures, FAAs, and behavioral intervention strategies. 3) Delegation and oversight of data collection, functional analysis, and implementation of behavioral assessment and intervention. 4) Monitoring of the time lines established for preparation of the preliminary behavior assessment and intervention team. 5) Assistance in the development of documentation of the intervention process. 6) Monitoring of the progress of the BIP to ensure success for the student.

VI. Qualifications of Personnel Implementing Behavioral Intervention Plans

Any certificated or classified staff who receives training in the implementation of BIPs may participate in the implementation.

VII. Training of Personnel to Implement Behavioral Intervention Plans

A. Training of the implementers of student-specific behavioral intervention plans will be provided by documented BICMs. B. Training shall include positive behavioral interventions, data collection procedures, FAAs, and behavioral intervention strategies.

N5 May 2011 C. Approved behavioral emergency procedures include Pro-Act and Non- violent Crisis Intervention Training (Crisis Prevention Institute) or other professionally accepted physical intervention techniques offered by the SELPA.