Rule 6159.4 - Behavioral Interventions for Special Education Students

Rule 6159.4

Generally, any student identified as a student with a disability pursuant to the Individuals with Disabilities Education Act, 20 USC 1400‐1482, is subject to the same disciplinary measures applicable to all students for violations of the code of conduct, except when the student’s behavior is determined to be a manifestation of their disability.

However, when the behavior of a student with a disability impedes their learning or the learning of others, the student’s individualized education program (IEP) team shall consider the use of positive behavioral interventions and supports and other strategies consistent with 20 USC 1414(d) to address the student’s behavior.

If, pursuant to a manifestation determination conducted as specified in 34 CFR 300.530, the student’s behavior is determined to be a manifestation of their disability, the IEP team shall conduct a functional behavioral assessment (FBA) and implement a behavioral intervention plan (BIP) for the student. If a BIP is already in place for the student, the IEP team shall review and modify the BIP to address the student’s behavior.

In addition, when the disciplinary removal of a student with a disability will result in a change in the student’s placement as specified in 34 CFR 300.530, the student shall receive an FBA and behavioral intervention services and modifications designed to address the student’s behavior so that it does not recur.

Functional Behavioral Assessment
Any FBA to be conducted for a student with a disability shall focus on identifying the function or purpose of the student’s behavior.

Before any FBA is conducted, the Superintendent or designee shall notify the student’s parent/guardian in accordance with Education Code 56321 and obtain the parent/guardian’s consent.

If the parent/guardian disagrees with the result of an FBA, they have the right to obtain an independent educational evaluation at district expense, subject to the conditions specified in 34 CFR 300.502.

Behavioral Intervention Plan and Services
When any behavioral intervention, support, or other strategy is to be used by the district, the Superintendent or designee shall consider the student’s physical freedom and social interaction, administer the intervention, support, or other strategy in a manner that respects the studentʹs dignity and personal privacy, and ensures the studentʹs right to be placed in the least restrictive educational environment.

When a student for whom a BIP is to be developed is also the responsibility of another agency for residential care or related services, the Superintendent or designee shall cooperate with the other agency to ensure that the BIP, to the extent possible, is implemented in a consistent manner.

Behavior assessments and behavioral intervention services shall be provided only by individuals who possess the qualifications specified in Education Code 56525 or 5 CCR 3051.23.

Emergency Interventions
Emergency interventions may be used only to control unpredictable, spontaneous behavior that poses clear and present danger of serious physical harm to the student or others and that cannot be immediately prevented by a response less restrictive than the temporary application of a technique used to contain the behavior.

Emergency interventions shall not be used as a substitute for a systematic behavioral intervention plan that is designed to change, replace, modify, or eliminate a targeted behavior.

No emergency intervention shall be used for longer than is necessary to contain the behavior. For any situation that requires a prolonged use of an emergency intervention, staff shall seek assistance of the principal or law enforcement agency, as applicable to the situation.

Emergency interventions shall not involve the use of force exceeding what is reasonable and necessary under the circumstances. In addition, use of locked seclusion or a device, material, or objects that simultaneously immobilize all hands and feet shall not be allowed except as allowed by law.

Parents/guardians, and, if appropriate, residential care providers shall be notified within one school day whenever emergency intervention is used or serious property damage occurs. A behavior emergency report shall immediately be completed, kept in the student’s file, and forwarded to the Superintendent or designee for review. This report shall include:

1. The name and age of the student;
2. The setting and location of the incident;
3. The name of the staff or other persons involved;
4. A description of the incident and the emergency intervention used;
5. A statement of whether the student is currently engaged in a systematic behavioral intervention plan; and
6. Details of any injuries sustained by the students or others, including staff, as a result of the incident.

If the behavioral emergency report is for a student who does not have a behavioral intervention plan, the Superintendent or designee shall, within two days, schedule an IEP team meeting to review the emergency report, determine the necessity for an FBA, and determine the necessity for an interim behavior intervention plan. The IEP team shall document the reasons for not conducting the FBA and/or not developing the interim BIP.

If the behavioral emergency report is for a student who has a behavioral intervention plan, any incident involving a previously unseen serious behavior problem or when a previously designed intervention is not effective, shall be referred to the IEP team. The IEP team shall review the incident and determine whether the student’s plan needs to be modified.

Prohibited Interventions
The district prohibits the use of corporal punishment as defined in Education Code 49001 as an intervention. In addition, the district prohibits all of the following:

1. Any intervention designed or likely to cause physical pain, including, but not limited to, electric shock
2. Any intervention that involves the release of noxious, toxic, or otherwise unpleasant sprays, mists, or substances near the studentʹs face
3. Any intervention that denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities
4. Any intervention that is designed to subject, used to subject, or likely to subject the student to verbal abuse, ridicule, or humiliation or that can be expected to cause excessive emotional trauma
5. Any restrictive intervention that uses a device, material, or objects which simultaneously immobilize all hands and feet, including the procedure known as prone containment, except that prone containment or similar techniques may be used by trained staff as a limited emergency intervention
6. Locked seclusion, unless in a facility otherwise licensed or permitted by state law to use a locked room
7. Any intervention that precludes adequate supervision of the student
8. Any intervention that deprives the student of one or more of their senses