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Subject:

30 EC 56523 - Regulations Pertaining to Behavioral Interventions


Text of Code:
30 EC 56523 - Regulations Pertaining to Behavioral Interventions

56523. (a) On or before September 1, 1992, the Superintendent of Public Instruction shall develop and the State Board of Education shall adopt regulations governing the use of behavioral interventions with individuals with exceptional needs receiving special education and related services.
(b) The regulations shall do all of the following:
(1) Specify the types of positive behavioral interventions which may be utilized and specify that interventions which cause pain or trauma are prohibited.
(2) Require that, if appropriate, the pupil's individual education plan includes a description of the positive behavioral interventions to be utilized which accomplishes the following:
(A) Assesses the appropriateness of positive interventions.
(B) Assures the pupil's physical freedom, social interaction, and individual choices.
(C) Respects the pupil's human dignity and personal privacy.
(D) Assures the pupil's placement in the least restrictive environment.
(E) Includes the method of measuring the effectiveness and the interventions.
(F) Includes a timeline for the regular and frequent review of the pupil's progress.
(3) Specify standards governing the application of restrictive behavioral interventions in the case of emergencies. These emergencies must pose a clear and present danger of serious physical harm to the pupil or others. These standards shall include:
(A) The definition of an emergency.
(B) The types of behavioral interventions that may be utilized in an emergency.
(C) The duration of the intervention which shall not be longer than is necessary to contain the dangerous behavior.
(D) A process and timeline for the convening of an individual education plan meeting to evaluate the application of the emergency intervention and adjust the pupil's individual education plan in a manner designed to reduce or eliminate the negative behavior through positive programming.
(E) A process for reporting annually to the State Department of Education and the Advisory Commission on Special Education the number of emergency interventions applied under this chapter.


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