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
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Kings County
Special Education Local Plan Area
POLICY/PROCEDURES
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:
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Kings County
Special Education Local Plan Area
POLICY/PROCEDURES
Cause physical pain
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
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Kings County
Special Education Local Plan Area
POLICY/PROCEDURES
d)
B.
(1)
Program administrator is notified immediately following the
emergency response by the educational staff member in all
cases where an emergency intervention is employed
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.
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
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Kings County
(2)
(3)
Special Education Local Plan Area
POLICY/PROCEDURES
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
Behavior Emergency Reports are immediately forwarded to and
reviewed by a designated administrator
Behavioral Emergency Reports are forwarded to the SELPA for
reporting to the California Department of Education and Advisory
Commission on Special Education.
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)
2)
3)
4)
5)
6)
Consultation upon request to staff on possible referrals for behavioral
assessment and intervention.
Training or assistance in the training of staff in data collection
procedures, FAAs, and behavioral intervention strategies.
Delegation and oversight of data collection, functional analysis, and
implementation of behavioral assessment and intervention.
Monitoring of the time lines established for preparation of the
preliminary behavior assessment and intervention team.
Assistance in the development of documentation of the intervention
process.
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.
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Kings County
Special Education Local Plan Area
POLICY/PROCEDURES
VII. Training of Personnel to Implement Behavioral Intervention Plans
A.
B.
C.
Training of the implementers of student-specific behavioral intervention
plans will be provided by documented BICMs.
Training shall include positive behavioral interventions, data collection
procedures, FAAs, and behavioral intervention strategies.
Approved behavioral emergency procedures include Pro-Act and Nonviolent Crisis Intervention Training (Crisis Prevention Institute) or other
professionally accepted physical intervention techniques offered by the
SELPA.
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