California Education Code - Part 30 Special Education Programs
Behavioral
Intervention Chapter 5.5
56520,(b),(1)
&(4)
(1)
That when behavioral interventions are used, they be used in consideration of
the pupil’s physical freedom and social interaction, be administered in a
manner that respects human dignity and personal privacy, and that ensure a
pupil’s right to placement in the least restrictive educational environment.
(4)
That training programs be developed and implemented in institutions of
higher education that train teachers and that inservice training programs be made
available as necessary in school districts and county offices of education to
assure that adequately trained staff are available to work effectively with the
behavioral intervention needs of individuals with exceptional needs.
56523
(b), (1),(2) (A-F)
(1)
specify the types of positive behavioral interventions which may be utilized and
specify that interventions which cause pain or trauma are prohibited.
(2)
....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.
California
Code of Regulations Title 5. Education Division 1.
State Department of Education, Chapter
3. Handicapped Children, subchapter
1. Special Education, Article 1. General Provisions
Section
3001( f) “Behavioral intervention”
means the systematic implementation of procedures that result in lasting
positive changes in the individual’s behavior.
“Behavioral intervention” means the design, implementation, and
evaluation of individual or group instructional and environmental modifications,
including programs of behavioral instruction, to produce significant
improvements in human behavior through skill acquisition and the reduction of
problematic behavior. “Behavioral
interventions” are designed to provide the individual with greater access to a
variety of community setting, social contacts and public events; and ensure the
individual’s right to placement in the least restrictive educational
environment as outlined in the individual’s IEP.
“Behavioral interventions” do not include procedures which cause pain
or trauma. “Behavioral
interventions” respect the individual’s human dignity and personal privacy
such interventions shall assure the individual’s physical freedom, social
interaction, and individual choice.
The
U.S. Dept. of Education, Office of Special Education and Rehabilitative Services,
Judith Heumann, sent a Memorandum on April 28,1998 to all Directors of Special
Education, about these very issues, and the
importance of having as a part of an IEP, services addressing positive
behavioral strategies!
The
1997 Amendments to IDEA
state that, “ the relationship between
behavior and learning must not only be
considered but acted upon”. The amendments are explicit in what is
required in an IEP team addressing behavior problems of children with
disabilities”.
IDEA
614(d)(3)(b)(i):
The
team must explore the need for strategies and support systems to address any
behavior that may impede the learning of the child with the disability or the
learning of his or her peers
IDEA
653 (c)(3)(D) (vi).
States
shall address the needs of in-service and pre-service personnel (including
professionals and paraprofessionals who provide special education, general
education, related services, or early intervention services) as they relate to
developing and implementing positive intervention strategies.
34 CFR
Parts 300 and 303
300.550
General LRE
requirements
(b)
(1) That to the maximum extent appropriate, children with disabilities,
including children in public or private institutions or other care facilities,
are educated with children who are nondisabled; and
(2).
That special classes, separate schooling or other removal of children with
disabilities from the regular educational environment occurs only if the nature
or severity of the disability is such that education in regular classes with the
use of supplementary aids and services
cannot be achieved satisfactorily
300.551
Continuum of alternative placements.
(b)(2) Make provision for supplementary services... to be provided in
conjunction with regular class placement.
300.552
Placements
(a)
the placement decision – (1) is made by a group of persons, including the
parents, and other persons knowledgeable about the child, the meaning of the
evaluation dada, and the placements options; and (2) is made in conformity with
the LRE provisions (c) ...the
child is educated in the school that he or she would attend if nondisabled, (e)
A child with a disability is not removed from education in age appropriate
regular classrooms solely because of needed modification in the general
curriculum.
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