Common use of BEHAVIOR INTERVENTIONS AND SUPPORTS Clause in Contracts

BEHAVIOR INTERVENTIONS AND SUPPORTS. A. POSITIVE INTERVENTION SUPPORTS CONTRACTOR shall emphasize the use of Positive Behavior Interventions and Supports (PBIS) in their program by directly and explicitly teaching social skills, practice with self- regulation, giving specific and contingent reinforcement when they are used and provide constructive re-teaching or correction when behavior errors occur. In addition, PBIS should include increased access to academic supports as means to prevent behavior issues. If problem behaviors are high-risk and/or resistant to secondary intervention practices, the team should develop more focused, intensive and individualized interventions, e.g., a Behavior Intervention Plan (BIP) by completing a comprehensive function-based behavioral assessment. B. BEHAVIOR INTERVENTION PLANS AND BEHAVIOR EMERGENCY REPORTING CONTRACTOR shall comply with the requirements of Education Code section 49005, 56521.1 and 56521.2 regarding positive behavior interventions. LEA students who exhibit serious behavioral challenges must receive timely and appropriate assessments and positive supports and interventions in accordance with the federal law and its implementing regulations. If the Individualized Education Program (“IEP”) team determines that a student’s behavior impedes his or her learning or the learning of others, the IEP team is required to consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior, consistent with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of the United States Code and associated federal regulations. This could mean that instead of developing a BIP, the IEP team may conclude it is sufficient to address the student’s behavioral problems through the development of behavioral goals and behavioral interventions to support those goals. CONTRACTOR shall maintain a written policy in compliance with pursuant to California Education Code section 56521.1 regarding emergency interventions and Behavioral Emergency Reports (“BERs”). Evidence of such training shall be submitted to the LEA at the beginning of the school year and within 6 days of any new hire. CONTRACTOR shall ensure that all of its staff members are trained annually in crisis intervention and emergency procedures as related to appropriate behavior management strategies. Training includes certification with an approved SELPA crisis intervention program. Pursuant to Education Code section 56521.1 emergency interventions shall not be used as a substitute for a Behavior Intervention Plan (BIP), and instead may only be used to control behavior that is unpredictable and spontaneous. For an emergency intervention to be used, the behavior must pose a clear and present danger of serious physical harm to the individual with exceptional needs, or others. Before emergency interventions may be applied, the behavior must be of the kind that cannot be immediately prevented by a response less restrictive than the temporary application of a technique used to contain the behavior. Emergency intervention shall not be employed longer than necessary to contain the behavior. If a situation requires prolonged use of emergency intervention, staff must seek assistance from the school site administrator or a law enforcement agency. CONTRACTOR shall complete a BER when an emergency intervention(s) (non-violent physical intervention that is/are used to address behavior(s) that present clear and present danger) are used to protect the safety of student, self, or others. Emergencies require a BER form be completed and submitted to the LEA within twenty-four (24) hours for administrative action. CONTRACTOR shall notify Parent within twenty-four (24) hours. If the student does not have a Behavior Intervention Plan (“BIP”) or Positive Behavior Intervention Plan (“PBIP”), the CONTRACTOR shall schedule an IEP meeting with the LEA/SELPA case manager and parent/guardian within 2 days to review the BER, determine if there is a necessity for a functional behavioral assessment, and to determine an interim plan. If the student already has a BIP, the IEP team shall review and modify the BIP if a new serious behavior has been exhibited or existing behavioral interventions have proven to be ineffective. CONTRACTOR shall not utilize, authorize, order, consent to, or pay for any of the following prohibited interventions, or any other intervention similar to or like the following: (a) any intervention that is designed to, or likely to, cause physical pain; (b) releasing noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to the student’s face; (c) any intervention which denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities; (d) any intervention which is designed to subject, used to subject, or likely to subject the student to verbal abuse, ridicule, or humiliation, or which can be expected to cause excessive emotional trauma; (e) restrictive interventions which employ a device, material, or objects that simultaneously immobilize all four extremities, including the procedure known as prone containment, except that prone containment or similar techniques may be used as a short term emergency intervention by CONTRACTOR’s trained and qualified personnel as allowable by applicable law and regulations; (f) locked seclusion except as allowable by applicable law and regulations; (g) any intervention that precludes adequate supervision of individual; and (h) any intervention which deprives the student of one or more of his or her senses, pursuant to California Code of Regulations 3052(1-9). NPAs will provide certification that all behavior aides who do not possess a license, credential or recognized certification have completed required training protocols within ten days of the start of providing behavior intervention services to a student. CONTRACTOR shall provide the LEA/SELPA with copies of all the behavior intervention training protocols (e.g. PowerPoint or handouts) used to train staff who do not possess a license, credential or recognized certification as part of their Master Contract application.

BEHAVIOR INTERVENTIONS AND SUPPORTS. A. POSITIVE INTERVENTION SUPPORTS CONTRACTOR shall emphasize the use of Positive Behavior Interventions and Supports (PBIS) in their program by directly and explicitly teaching social skills, practice with self- regulation, giving specific and contingent reinforcement when they are used and provide constructive re-teaching or correction when behavior errors occur. In addition, PBIS should include increased access to academic supports as means to prevent behavior issues. If problem behaviors are high-risk and/or resistant to secondary intervention practices, the team should develop more focused, intensive and individualized interventions, e.g., a Behavior Intervention Plan (BIP) by completing a comprehensive function-based behavioral assessment. B. BEHAVIOR INTERVENTION PLANS AND BEHAVIOR EMERGENCY REPORTING CONTRACTOR shall comply with the requirements of Education Code section 49005, 56521.1 and 56521.2 regarding positive behavior interventions. LEA students who exhibit serious behavioral challenges must receive timely and appropriate assessments and positive supports and interventions in accordance with the federal law and its implementing regulations. If the Individualized Education Program (“IEP”) team determines that a student’s behavior impedes his or her learning or the learning of others, the IEP team is required to consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior, consistent with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of the United States Code and associated federal regulations. This could mean that instead of developing a BIP, the IEP team may conclude it is sufficient to address the student’s behavioral problems through the development of behavioral goals and behavioral interventions to support those goals. CONTRACTOR shall maintain a written policy in compliance with pursuant to California Education Code section 56521.1 regarding emergency interventions and Behavioral Emergency Reports (“BERs”). Evidence of such training shall be submitted to the LEA at the beginning of the school year and within 6 days of any new hire. CONTRACTOR shall ensure that all of its staff members are trained annually in crisis intervention and emergency procedures as related to appropriate behavior management strategies. Training includes certification with an approved SELPA crisis intervention program. Pursuant to Education Code section 56521.1 emergency interventions shall not be used as a substitute for a Behavior Intervention Plan (BIP), and instead may only be used to control behavior that is unpredictable and spontaneous. For an emergency intervention to be used, the behavior must pose a clear and present danger of serious physical harm to the individual with exceptional needs, or others. Before emergency interventions may be applied, the behavior must be of the kind that cannot be immediately prevented by a response less restrictive than the temporary application of a technique used to contain the behavior. Emergency intervention shall not be employed longer than necessary to contain the behavior. If a situation requires prolonged use of emergency intervention, staff must seek assistance from the school site administrator or a law enforcement agency. CONTRACTOR shall complete a BER when an emergency intervention(s) (non-violent physical intervention that is/are used to address behavior(s) that present clear and present danger) are used to protect the safety of student, self, or others. Emergencies require a BER form be completed and submitted to the LEA within twenty-four (24) hours for administrative action. CONTRACTOR shall notify Parent within twenty-four (24) hours. If the student does not have a Behavior Intervention Plan (“BIP”) or Positive Behavior Intervention Plan (“PBIP”), the CONTRACTOR shall schedule an IEP meeting with the LEA/SELPA XXXXX case manager and parent/guardian within 2 days to review the BER, determine if there is a necessity for a functional behavioral assessment, and to determine an interim plan. If the student already has a BIP, the IEP team shall review and modify the BIP if a new serious behavior has been exhibited or existing behavioral interventions have proven to be ineffective. CONTRACTOR shall not utilize, authorize, order, consent to, or pay for any of the following prohibited interventions, or any other intervention similar to or like the following: (a) any intervention that is designed to, or likely to, cause physical pain; (b) releasing noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to the student’s face; (c) any intervention which denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities; (d) any intervention which is designed to subject, used to subject, or likely to subject the student to verbal abuse, ridicule, or humiliation, or which can be expected to cause excessive emotional trauma; (e) restrictive interventions which employ a device, material, or objects that simultaneously immobilize all four extremities, including the procedure known as prone containment, except that prone containment or similar techniques may be used as a short term emergency intervention by CONTRACTOR’s trained and qualified personnel as allowable by applicable law and regulations; (f) locked seclusion except as allowable by applicable law and regulations; (g) any intervention that precludes adequate supervision of individual; and (h) any intervention which deprives the student of one or more of his or her senses, pursuant to California Code of Regulations 3052(1-9). NPAs will provide certification that all behavior aides who do not possess a license, credential or recognized certification have completed required training protocols within ten days of the start of providing behavior intervention services to a student. CONTRACTOR shall provide the LEA/SELPA with copies of all the behavior intervention training protocols (e.g. PowerPoint or handouts) used to train staff who do not possess a license, credential or recognized certification as part of their Master Contract application.