POSITIVE BEHAVIORAL INTERVENTIONS
AND SUPPORTS FOR SIGNIFICANT BEHAVIORAL CHALLENGES

Updated 11/25/2019

Below is an overview of the continuum of support through a three-tiered model, often referred to as multi-tiered systems of support (MTSS). A three-tiered model for instruction and intervention is based on the principle that academic and behavioral supports are first provided at a universal level to effectively address the needs of all students in a school (often referred to as Tier 1). Tier 1 supports should be present and implemented with fidelity in all settings. If tier I supports are not effective then additional curricula, teaching strategies, and supplemental supports will need to be implemented (Tier 2 Interventions). Finally, a small number of students with the most severe needs will require intensive and individualized behavioral and/or academic support (Tier 3). This is typically where special education services begin and what this chapter of the Procedures Guide addresses. The focus should always be on Tier 1 and Tier 2 personalized de-escalation strategies and interventions before entering Positive Behavioral Interventions and Supports for significant behavioral challenges, Tier 3.


California Department of Education's (CDE) Definition of MTSS
In California, MTSS is an integrated, comprehensive framework that focuses on CCSS, core instruction, differentiated learning, student-centered learning, individualized student needs, and the alignment of systems necessary for all students' academic, behavioral, and social success. MTSS offers the potential to create needed systematic change through intentional design and redesign of services and supports that quickly identify and match the needs of all students.
The following core components are key aspects of MTSS frameworks (tier 1 interventions):

  1. High-quality, differentiated classroom instruction. All students receive high-quality, standards- based (with a focus on CCSS), culturally-and linguistically relevant instruction in their general education classroom settings by highly qualified teachers, who have high academic and behavioral expectations, attained through differentiated learning instructional strategies in, such as Universal Design for Learning.
  2. Systemic and sustainable change. MTSS principles promote continuous improvement processes at all levels of the system (district, school site, and grade/course levels). Collaborative restructuring efforts made to align RtI2, CCSS, identify key initiatives, collect, analyze, review data, implement supports and strategies based on data are then refined as necessary to sustain effective processes.
  3. Integrated data system. District and site staff collaborate to create an Integrated data collection system that includes assessments such as state tests, universal screening, diagnostics, progress monitoring, and teacher observations at the site to inform decisions about tiered support placement, as well as data collection methods such as parent surveys for continuous systemic improvement.
  4. Positive behavioral support. District and school staff collaboratively select and implement schoolwide, classroom, and research-based positive behavioral supports for achieving important social and learning outcomes. A strong focus on integrating instructional and intervention strategies supports systemic changes based on strong, predictable, and consistent classroom management structures across the entire system.

California's Multi-Tiered System of Support

Comparing MTSS to RtI2
CDE's RtI2 processes focus on students who are struggling and provide a vehicle for teamwork and data-based decision making to strengthen their performances before and after educational and behavioral problems increase in intensity. Please visit the CDE site: https://www.cde.ca.gov/ci/cr/ri/rtiresources.asp for further information.
Venn Diagram of MTSS and RtI2
The following figure displays similarities and differences between California's MTSS and RtI2 processes. Both rely on RtI2's data gathering through universal screening, data-driven decision making, problem-solving teams, and are focused on the CCSS. However, the MTSS process has a broader approach, addressing the needs of all students by aligning the entire system of initiatives, supports, and resources, and by implementing continuous improvement processes at all levels of the system.

For more information on MTSS visit: http://www.pent.ca.gov/mt/mtss.html

When should we begin a Behavioral Intervention Plan?

Prior to the development of a BIP tier 2 interventions should be implemented. Diana Browning Wright and Clayton R. Cook (PENT) provide us with a progressive response to classroom problem behavior (PROMPT) that meets the definition of tier 2 interventions as follows:

Teachers are constantly in search of methods to respond to problem behavior when it happens to get the student back on track. The PROMPT method is just that-a systematic method of progressively and systematically responding to problem behavior. The aim is to begin with less intrusive and intensive tactics and progressively use more intrusive and intensive tactics to respond to and correct the problem behavior.

Proximity control
Involves standing near the student to correct behavior. For many problem behaviors, the first step before getting involved in a verbal interaction with the student should be to stand next to the student or students who are beginning to engage in off-task, disruptive behavior. The teacher or paraprofessionals presence is often enough to correct problem behavior. Proximity control also involves being mobile and moving about the classroom, which requires students to be alert in order to track and pay attention to the speaker. The idea behind proximity control is to "teach like the floor is on fire." This means to not stand in one place too long or one's feet would burn. Rather, the attentive and aware teacher or paraprofessional is moving around the room and scanning for the earliest warning signs of problem behavior. When problem behavior is observed, proximity control is used.

Redirection
Involves actually asking the student to do something. The aim here is to regain instructional control over the student. If the student complies with your request, then the student is now under your instructional control and it stops the inappropriate behavior in an attempt to redirect to appropriate behavior. Examples of redirection tactics include:

Ongoing Monitoring to shape behavior
Involves keeping an eye on the student to catch the student behaving good. Teachers and paraprofessionals often miss opportunities to reinforce and praise appropriate behavior after issuing a redirection or using proximity control. After using either of these tactics, the teacher should pay close attention to the student, and at the first signs of good behavior, the teacher should be ready to reinforce (e.g., give points) and praise the student (e.g., "I really appreciate you getting you book out. Thanks a lot!"). By engaging in ongoing monitoring to shape behavior, you will be able to help establish momentum for on task, complaint behavior instead of the problem behavior.

This is also called 'catch the student behaving good.' When a teacher engages in ongoing monitor of the student to shape their behavior to be better in the class, the student is more likely to alter his behavior from inappropriate to appropriate behavior.

Prompt
Involves providing a direct, explicit, and concise command to the student about what he or she should be doing instead of the problem behavior. Often teachers and/or parents provide commands that are phrased as a question or involve ambiguous language. These commands are often ineffective and do not result in behavior change. An effective command that is delivered as a prompt tells the student precisely the behavior you want him to exhibit instead of the problem behavior.

Students who benefit from a para educator assigned to the classroom due to "special circumstances" often become prompt dependent. That is, their inclusion suffers as the aide applies interventions too restrictive for the students need. Assessment to determine the least intrusive prompt for an activity can be essential to avoid overuse of prompts which interferes with development and maintenance of independence. "Prompt dependence" occurs when either excessively intrusive prompts or a high frequency of prompts predominates. An analysis of the student's need for prompts should occur for each activity in which it is concluded an aide's assistance would be helpful. Requiring either continuous or periodic prompt recording teaches para educators the necessary discrimination on level of prompting and provides data on student progress. Students with disabilities may need

more or less prompting across activities, times of day or days during the week. Ongoing monitoring and record keeping is essential for progress monitoring.

Definition of a Prompt: A range of instruction stimuli provided in order to direct an individual toward the performance of a desired response.

Prompting Levels

Prompts range from the least to the most intrusive. The amount of assistance increases with each level in the hierarchy.

    1. Natural Cue: Behavior independently occurs as a result of a natural cue to a stimulus in the environment. The individual performs the behavior without any assistance. WAIT before prompting further.
      Example: Peter stands up to go to lunch when he sees his friends stand up.

      2. Gestural Prompt: Physical gestures that may include pointing, beckoning, or shaking one's head to indicate approval or disapprovaL
      Example: Ms. Browning points to the yellow square to signal time for yellow reading group. Mr. Jones holds up two fingers to signal "quiet now."

      3. Indirect Verbal Prompt: The instructor uses words to imply that some behavior needs to occur.
      Example: Mrs. Keller says, "Children, what time is it?" Students understand it is time to quiet down and open their books.

      4. Modeling: Performing the desired behavior in order to encourage the initiation of that behavior by the individual.
      Example: Mrs. Brown sits up tall in her seat with her hands folded on top of the desk as students come to a reading group. She waits until they copy her behavior.

      5. Symbolic (Pictorial or Written) Prompt: Symbols (pictures or words) are presented to guide behavior. Often a sequence of pictures or a list of words are used, combined with the gestural prompt of pointing to the symbol of the desired behavior for that moment in time.
      Example: Michael has 4 pictures of how to make a pizza which he uses in sequence to prepare a snack. When he appears confused, his teacher gesturally redirects him to the correct picture.

      6. Direct Verbal Prompt: The instructor explicitly state, the behavior that needs to occur.|
      Example: "Boys and girls, please stand up now."

      7. Minimal Physical Prompt: Slight physical contact that guides the individual toward the behavior.
      Example: When Phil does not open the door when verbally told to do so, Mrs. Jones lightly touches his elbow. *Note, depending on the situation, a minimal physical prompt may be less intrusive and facilitate more independence than a direct verbal prompt.

      8. Partial Physical Prompt: The instructor physically starts the individual on the desired behavior, and then ceases the physical assistance so the individual my complete the behavior independently.
      Example: When Phil does not open the door after being lightly touched on his elbow, Mr. Wright gently nudges his arm upward until the knob is touched and then he releases contact.

      9. Full Physical Prompt: Use with caution. DO NOT IMPLEMENT WITHOUT COACHING; LACK OF TRAINING CAN RESULT IN RESTRAINT FOR NON-COMPLIANCE AND INJURY TO STAFF AND STUDENT WHEN RESISTANCE OCCURS. A BRIEF PHYSICAL PROMPT SHOULD NEVER TRANSITION TO A SUSTAINED RESTRAINT FOR NON-COMPLIANCE. ONLY IMMINENT DANGER TO SELF OR OTHERS JUSTIFIES A RESTRAINT. The instructor physically guides the individual through the entire behavior.
      Example: John's mother physically positions his finger on the tape player eject button, provides a downward push motion, then moves his hand to grasp the tape. John does not resist, and is curious throughout the episode.

Source: PROMOTING LRE Through Reduction in Prompt Dependence By Diana Browning Wright, 2008
(Adapted from an original by Browning Wright, Kraemer, Morton, 1994)

Teaching Interaction
The teaching interaction is a standardized method of addressing problem behavior that did not respond to lesser corrective tactics. As a result, the teacher or paraprofessional must now to teach to the problem behavior in a structured and systematic way. A teaching interaction treats the presence of chronic problem behavior as an opportunity for the student to learn appropriate, desired behavior.

  • EMPATHY STATEMENT & LABEL THE INAPPROPRIATE BEHAVIOR: Describe the problem behavior of concern followed by an empathy statement (e.g., John, you just took Billy's pencil, I could imagine that you really needed one and some time we want what we don't have).
  • LABEL ALTERNATIVE, APPROPRIATE BEHAVIOR: Describe the alternative, acceptable behavior (e.g., What you should have done instead is ask to use the pencil; then wait for a response)
  • GIVE A RATIONALE: Give a reason why the alternative behavior is better (e.g., Asking to use something before taking it is better because people are more likely to respect us in return)
  • CHECK FOR UNDERSTANDING: Ask for acknowledgement (Do you understand?), this is partially to gain compliance and see if the student is willing to cooperate.
  • DECISIONAL MOMENT: Tell the student to think about it. "You can choose to XXXX, or you can have the consequence of YYYY it is your choice"
  • DISCIPLINE CONSEQUENCE: for non-compliance: Deliver the consequence ("Because you took his pencil without asking, and chose not to return it with an apology, you will need to move your seat and lose free time privilege today. Maybe next time you will make a better choice.")
  • PRAISE FOR CHOICE: for compliance: Quietly and privately thank the student for making the correct choice.

If universal interventions at a school site (Tier 1) and selected interventions for students with repeated difficulties (Tier 2) for example annual behavioral goals, are ineffective; the move toward the implementation of an individual Behavioral Intervention Plan must be considered (Tier 3).

The law recognizes that some school age individuals with exceptional needs have significant behavioral challenges that have an adverse impact on their learning or the learning of others. If this is the case, IEP teams must address behaviors that impede the student's learning and/or the learning of others using positive behavioral interventions, supports, and other strategies.

What is the IEP Team's Role?

When a special education student's behavior impedes the student's learning or the learning of others, including serious property damage, the student's Individualized Education Program (IEP) team, including the parent or guardian, determines appropriate positive behavioral interventions to address inappropriate behavior. At this point the IEP team may be determining tier 3 interventions that may include FBA related BIP and FBA related replacement behavior training for the student. The general education teacher, to the extent appropriate, shall participate in the development, review, and revision of the pupils' IEP, including assisting in the determination of appropriate positive behavioral interventions and supports, and other strategies for the pupil, and the determination of supplementary aides and services, program modifications, and supports for school personnel that will be provided for the pupil.

The IEP team will examine any existing BIP, annual goals, etc. and decide whether they need to be revised or continued. The IEP meets to determine if a Functional Behavioral Assessment (FBA) is required, and to determine if an interim plan is necessary for the student while awaiting the result of the FBA. The IEP Team will document the reasons for conducting the FBA, rationale for not developing an interim plan or both. If the IEP team needs additional formal data, or IEP eligibility is in question an Assessment Plan must be generated. Changes to the BIP shall be documented through the IEP process and may be implemented upon parent/guardian consent.

The BIP that the IEP team creates will address reactive strategies to be employed if the problem behavior occurs while the team is implementing the new or revised BIP. While the BIP is designed to teach student's the replacement behavior to eliminate the need for the problem behavior, it takes time for the student to learn specific replacement behavior and implement it consistently. As a result, it is likely that the student could engage in a problem behavior that requires restraint or seclusion. When this is addressed in the BIP the entire IEP team is aware of what that restraint/seclusion will look like. The BIP will only include restraint methods that are the least restrictive alternative that provide maximum freedom of movement, and shall use the least number of restraint points, while ensuring the physical safety of the pupil and others. This includes defining which authorized, approved training methodology will be implemented if the student is a physical danger to self or others. A Behavior Emergency Report is not required because this isn't a new, spontaneous behavior but a behavior that is a known possibility and that is defined in the BIP. Only those trained in specific methodologies will implement those restraint/seclusion methodologies. Training programs that provide trainees with an outline for decision making and problem solving that also teach prevention strategies and de-escalation techniques when responding to disruptive or assaultive behavior meet the guidelines of the law. Training programs whose goal is to teach effective practices to respond safely in order to reduce or eliminate the need to implement restraint or seclusion meet the guidelines of the law. Training of staff should occur on an annual basis. Local Education Agencies should retain records regarding annual trainings. The law regarding the use of restraint and seclusion for students in California is applicable (below):

Behavior Emergency Report

There are times when students will engage in a new problem behavior not previously observed that is a danger to himself or others for which no BIP or IEP goal exists to address the behavior. At this point trained staff may need to implement the use of restraint/seclusion techniques. When this happens a Behavior Emergency Report is completed, parents/guardians are notified, and within two school days of the behavioral emergency the designated responsible site administrator shall schedule an IEP meeting to review the BER, to determine the necessity for an FBA, and to determine the need for an interim BIP. The law regarding the use of restraint and seclusion for students in California is applicable (below):

Law Regarding the Use of Restraint and Seclusion for Students in California
https://www.cde.ca.gov/nr/el/le/yr18ltr1224.asp

The California Department of Education provides the following information. Assembly Bill (AB) 2657, Statutes of 2018, Chapter 998, went into effect on January 1, 2019. The bill added sections 49005-49006.4 to California's Education Code regarding the use of restraint and seclusion with students receiving both general education and special education. The following information highlights certain passages of the new law, but educators are encouraged to read the entirety of the legislation at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB2657.

Education Code Section 49005 contains legislative findings and declarations. Subsection (a) says that "While it is appropriate to intervene in an emergency to prevent a student from imminent risk of serious physical self-harm or harm of others, restraint and seclusion are dangerous interventions, with certain known practices posing a great risk to child health and safety." Subsection (i) confirms "This article is intended to be read to be consistent with, and does not change any requirements, limitations, or protections in, existing law pertaining to students with exceptional needs."

Education Code Section 49005.1 provides a series of definitions pertinent to the law's implementation. Subsection (a) says "'Behavioral restraint' means 'mechanical restraint' or 'physical restraint,' as defined in this section, used as an intervention when a pupil presents an immediate danger to self or to others." Subsection (d)(1) defines mechanical restraint as "the use of a device or equipment to restrict a pupil's freedom of movement." Physical restraint is defined as "a personal restriction that immobilizes or reduces the ability of a pupil to move his or her torso, arms, legs, or head freely" (Education Code Section 49005.1[f][1]). Prone restraint "means the application of a behavioral restraint on a pupil in a facedown position" (Education Code Section 49005.1[g]). Seclusion is defined as "the involuntary confinement of a pupil alone in a room or area from which the pupil is physically prevented from leaving (Education Code Section 49005.1[i]).

The law (AB 2657) says that a pupil "has the right to be free from the use of seclusion and behavioral restraints of any form imposed as a means of coercion, discipline, convenience, or retaliation by staff" (Education Code Section 49005.2). Seclusion or a behavioral restraint may be used "only to control behavior that poses a clear and present danger of serious physical harm to the pupil or others that cannot be immediately prevented by a response that is less restrictive" (Education Code Section 49005.4). Several prohibitions regarding the use of restraint and seclusion are listed in Education Code Section 49005.8:

An educational provider shall not do any of the following:

  • Use seclusion or a behavioral restraint for the purpose of coercion, discipline, convenience, or retaliation.
  • Use locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room.
  • Use a physical restraint technique that obstructs a pupil's respiratory airway or impairs the pupil's breathing or respiratory capacity, including techniques in which a staff member places pressure on a pupil's back or places his or her body weight against the pupil's torso or back.
  • Use a behavioral restraint technique that restricts breathing, including, but not limited to, using a pillow, blanket, carpet, mat, or other item to cover a pupil's face.
  • Place a pupil in a facedown position with the pupil's hands held or restrained behind the pupil's back.
  • Use a behavioral restraint for longer than is necessary to contain the behavior that poses a clear and present danger of serious physical harm to the pupil or others.

Educational providers, as defined, must also adhere to new requirements. For example, they "shall keep constant, direct observation of a pupil who is in seclusion, which may be through observation of the pupil through a window, or another barrier, through which the educational provider is able to make direct eye contact with the pupil. The observation required pursuant to this subdivision shall not be through indirect means, including through a security camera or a closed-circuit television" (Education Code Section 49005.8[b]).

This section also mandates that an "educational provider shall afford to pupils who are restrained the least restrictive alternative and the maximum freedom of movement, and shall use the least number of restraint points, while ensuring the physical safety of the pupil and others. If prone restraint techniques are used, a staff member shall observe the pupil for any signs of physical distress throughout the use of prone restraint. Whenever possible, the staff member monitoring the pupil shall not be involved in restraining the pupil" (Education Code Section 49005.8[c] and [d]).

AB 2657 requires local educational agencies to collect and report annually to the California Department of Education data on the number of times and the number of students on which mechanical restraints, physical restraints, and seclusion are used. The data must be disaggregated for students who have Section 504 plans, students who have individualized education programs, and students who do not have either plan. The California Department of Education is mandated to post the data on its Internet website (Education Code Section 49006).

Finally, the new law notes that for "an individual with exceptional needs, if a behavioral restraint or seclusion is used, the procedures for follow-up contained in subdivisions (e), (f), (g) and (h) of Section 56521.1 shall also apply" (Education Code Section 49006.4). These existing sections of code pertain to behavioral emergency reporting. The existing statute is accessible at: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC&sectionNum=56521.1


What is Included in the Behavioral Intervention Plan?
A Behavioral Intervention Plan (BIP) is used as a proactive action plan to address established challenging/problem behavior(s) that are impeding learning of the student or others. It is assumed that lesser Tier 1 and Tier 2 interventions, including accommodations/modifications, behavior goals, etc., have not been successful in reducing the frequency, duration or intensity of the behavior(s). A BIP must be a consideration for a student on an IEP per the Individual Disabilities Education Act and becomes part of the IEP document if implemented.

If a BIP is developed for a student with a 504 plan, the BIP becomes a part of those documents. Any BIP developed for a general education student is maintained per district policy. For the student on an IEP or 504 plan, the IEP/504 team may be able to discern the function of a behavior with existing data, and as a team, develop a viable BIP. This could be considered a tier 2 intervention. There will be times when the IEP team needs additional support and data in order to draft a meaningful BIP which would require an functional behavior assessment (FBA). The implementation of an FBA moves this intervention to a Tier 3 level.

A BIP includes "positive behavioral interventions and supports." Behavioral Intervention Plans should focus on understanding 'why' the behavior occurred (i.e. 'the function' or 'communicative intent') then focus on teaching an alternative behavior that meets the student's need in a more acceptable way. This includes making instructional and environmental changes, providing reinforcement, reactive strategies and effective communication between IEP implementers and utilizes existing data, current and past IEP's, classroom and IEP goal progress, etc.

The BIP must contain the following elements:

  • A concise description of the target behavior and its function.
  • A description of the desired replacement behavior.
  • Measurable goals for increasing the replacement behavior.
  • Behavioral interventions to use when the target behavior occurs.
  • Recommended techniques to alter the antecedent conditions that prompt the target behavior.
  • Methods and materials to teach the desired replacement behavior.
  • Methods to manipulate the consequences of the target behavior.
  • A list or description of specific reinforcers to use when the replacement behavior occurs.
  • Reactive strategies will be employed if the problem behavior occurs while the team is implementing the BIP that is designed to teach the replacement behavior, thus eliminating the need for the problem behavior. This includes addressing which authorized, approved procedures will be implemented if student is a physical danger to self or others.

Interventions on a BIP may not include:

  • Any intervention that is designed to, or likely to cause physical pain, including but not limited to electric shock.
  • An intervention that involves the release of noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to the face of the individual.
  • An intervention that denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities.
  • An intervention that is designed to subject, used to subject, or likely to subject, the individual to verbal abuse, ridicule, or humiliation, or that can be expected to cause excessive emotional trauma.
  • Restrictive interventions that employ a device, material or object that simultaneously immobilize all four extremities, including the procedure known as prone containment, except that prone containment or similar techniques may be used by trained personnel as a limited emergency intervention. [Note that Non-violent Crisis Intervention, NCI/CPI, does not include training in prone containment].
  • Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room [Note that schools in California are not licensed or permitted to use a locked room].
  • An intervention that precludes adequate supervision of the individual.
  • An intervention that deprives the individual of one or more of his or her senses.

How is Implementation of the BIP Monitored?

The plan will include specific requirements for monitoring progress, including dates for future team meetings, how minor changes in the plan will be made, what types of documentation will be obtained and who will be notified of possible changes. Be sure to include the names of the people responsible for implementing the plan and how they will be notified if a subsequent behavioral emergency occurs. The BIP becomes part of the student's IEP and as such requires parental consent before changes may be implemented.

The use of Incident Reports

In addition to the data collection that is a part of the BIP your district policy may require documenting incidents that do not rise to the level of a behavioral emergency using an Incident Report. The intent of this data collection is to assist staff in identifying emerging patterns of behavior that may require implementing additional behavioral interventions and supports. The Incident Report documents staff's reactive strategies that could have resulted in an emergency intervention. The Incident Report provides a format for tracking the reactive strategy that the adult provides and its effectiveness as a behavioral intervention/support for the student. The use of Incident Reports is a local education agency decision; therefore, it is important to confirm the process with administrative staff for each education agency.

Emergency Intervention Procedures

An emergency intervention may only be used to control unpredictable and spontaneous behavior which:

  • Poses clear and present danger of serious physical harm to the individual with exceptional needs, or others,
  • Cannot be immediately prevented by a response less restrictive than temporary application of a technique used to contain the behavior.
  • Emergency intervention shall not be used as a substitute for systematic Behavioral Intervention Plans that are designed to change, replace, modify or eliminate a target behavior.
    • No emergency interventions shall be employed for longer than is necessary to contain the behavior.
    • A situation that requires prolonged use of an emergency intervention shall require the staff to seek assistance of the school site administrator or law enforcement agency as applicable to the situation.
  • Emergency interventions shall not include
    • Locked seclusion.
    • Employment of a device, material or objects that simultaneously immobilizes all four extremities, including the procedure known as prone containment, except that prone containment or similar techniques may be used by trained personnel as a limited emergency intervention.
    • An amount of force that exceeds that which is reasonable and necessary under the circumstances.

What should we do when a behavioral emergency occurs?

If the student has an existing BIP:

  • Implement an appropriate behavioral intervention.
  • School staff must complete a Behavioral Emergency Report and file it immediately with the designated site and district program administrator.
  • Notify the parent as soon as possible, but within one school day, that a behavioral emergency intervention was used.
  • A copy of the Behavioral Emergency report must be placed in the student's file.
  • When a behavioral emergency report is written regarding an individual with exceptional needs who has a current behavioral intervention plan that Behavioral Emergency Report shall be referred to the IEP team to review and determine
    • if the incident constitutes a need to modify the existing behavioral intervention plan, o
    • if this is an incident involving a previously unseen behavior problem, or
    • if the previously designed intervention are ineffective.
  • Nonpublic school and nonpublic agency Incident Reports and/or Behavioral Emergency Reports shall be submitted to the appropriate local education agency within 24 hours by mail.

The student does not have a BIP:

  • Implement an appropriate behavioral intervention.
  • School staff must complete a Behavioral Emergency Report and file it immediately with the designated site and district program administrator.
  • Notify the parent as soon as possible, but within one school day, that a behavioral emergency intervention was used.
  • A copy of the Behavioral Emergency report must be placed in the student's file.
  • The site designated responsible administrator shall schedule an IEP meeting within 2 days if a behavioral emergency report is written regarding an individual with exceptional needs who does not have a behavioral intervention plan. The intent of this meeting is to review the Behavior Emergency Report and determine if there is a need for a functional behavioral assessment (FBA) and/or an interim plan.
  • If the team determines no FBA or interim plan is required, the IEP team shall document reasons for not conducting the functional behavioral assessment, not developing an interim plan, or both.
  • Behavioral Emergency data, Incident Reports and Behavioral Emergency Reports, shall be collected by the local education agency.
  • Nonpublic school and nonpublic agency Incident Reports and/or Behavioral Emergency Reports shall be submitted to the appropriate local education agency within 24 hours by mail.

PLEASE SEE THE FOLLOWING RESOURCES: (included below)

  • Risk Assessment and Behavior Intervention Plan: Consider using this document to assist with BIP design strategies and interventions.
  • Restraint and Seclusion: Resource Document, US Department of Education


References
20 United States Code Section 1400(5)(F)
California Education Code 56341(a)(b)(1)(2)
California Education Code 56521.1
California Education Code 49005, 49006.4
AB 2657




Click here to download and print "Procedures Guide-Positive Behavior Intervention" updated 11/25/2019
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Click here to download and save Risk Assessment & Behavior Intervention Plan added 11-25-2019
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