Common use of POSITIVE BEHAVIOR INTERVENTIONS Clause in Contracts

POSITIVE BEHAVIOR INTERVENTIONS. CONTRACTOR shall comply with the requirements of Education Code section 56521.5 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 pursuant to California Education Code section 56521.1 regarding emergency interventions and Behavioral Emergency Reports. 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. 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 occurs that is defined as a serious, dangerous behavior that staff has determined to present a clear and present danger to others. It requires a non-violent physical intervention to protect the safety of student, self, or others and a physical intervention has been used; or a physical intervention has not been used, but an injury or serious property damage has occurred. Personal Safety Techniques may or may not have been used. 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 via telephone. If the student does not have a Behavior Intervention Plan (“BIP”) or Positive Behavior Intervention Plan (“PBIP”), an IEP team shall schedule a meeting 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 schedule with LEA an IEP meeting within two (2) days. CONTRACTOR shall not 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 LEA pupil’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 LEA pupil 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 LEA pupil of one or more of his or her senses, pursuant to California Code of Regulations 3052(l) (1-8).

POSITIVE BEHAVIOR INTERVENTIONS. CONTRACTOR PROVIDER shall comply with the requirements of Education Code section 56521.5 Sections 49005, et seq., 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 Sections 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 Behavior Intervention Plan (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. 1. CONTRACTOR PROVIDER shall maintain written records of the training and provide written verification of the training annually and upon request. Training includes certification with a written policy pursuant to California Education Code section 56521.1 regarding emergency interventions SELPA approved Crisis Prevention Intervention (“CPI”), or another SELPA recognized and Behavioral Emergency Reports. CONTRACTOR shall ensure that all of its staff members are trained annually in approved crisis intervention and emergency procedures as related program. Documentation of such training shall be made available to appropriate behavior management strategiesLEA upon request. Pursuant to Education Code section 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 PROVIDER shall complete a the SELPA approved BER form when an emergency occurs that is defined as a serious, dangerous behavior that staff has determined to present a clear and present danger to others. It requires ; it may require a non-violent physical intervention to protect the safety of student, self, or others and a physical intervention has been used; or a physical intervention has not been used, but an injury or serious property damage has occurred. Personal Safety Techniques may or may not have been used. In the event that the PROVIDER is unable to use the SELPA approved BER form, the VCOE/LEA may agree for the PROVIDER to use an alternative approved BER form that complies with all state and federal reporting requirements as specified in California Education Code 56521.1 Emergencies require a BER form be completed and submitted to the LEA and SELPA within twenty-four one (241) hours school day for administrative action. CONTRACTOR PROVIDER shall notify LEA and Parent within twenty-four (24) hours via telephone. If the student does not have a Behavior Intervention Plan (“BIP”) or Positive Behavior Intervention Plan (“PBIP”) or Comprehensive Behavior Intervention Plan (CBIP), an IEP team shall schedule a meeting 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 BIPPBIP, the IEP team shall review and modify the BIP PBIP if a new serious behavior has been exhibited or existing behavioral interventions have proven to be ineffective. CONTRACTOR shall schedule with LEA an IEP meeting within Within two (2) school days, PROVIDER and XXX shall schedule an IEP meeting. CONTRACTOR Pursuant to Education Code Section 56521.2, PROVIDER shall not authorize, order, consent to, or pay for any of the following prohibited interventionsintervention, or any other intervention interventions similar to or like the following: (a) : 1. any intervention that is designed to, or likely to, cause physical pain; (b) releasing , including, but not limited to, electric-shock; 2. an intervention that involves the release of noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to the LEA pupil’s face; (c) any face of the individual; 3. an intervention which that denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities; (d) any ; 4. an intervention which that is designed to subject, used to subject, or likely to subject subject, the LEA pupil individual to verbal abuse, ridicule, or humiliation, or which that can be expected to cause excessive emotional trauma; (e) ; 5. restrictive interventions which that 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 by trained personnel as a short term limited emergency intervention intervention; 6. locked seclusion, unless it is in a facility otherwise licensed or permitted by CONTRACTOR’s trained and qualified personnel as allowable by applicable state law and regulations; (f) to use a locked seclusion except as allowable by applicable law and regulations; (g) any room; 7. an intervention that precludes adequate supervision of the individual; and (h) any ; 8. an intervention which that deprives the LEA pupil individual of one or more of his or her senses. PROVIDER shall comply with Education Code section 49005.8. Specifically, pursuant PROVIDER shall not do any of the following: 1. Use seclusion or a behavioral restraint for the purpose of coercion, discipline, convenience, or retaliation. 2. Use locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to California use a locked room. 3. 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. 4. 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. 5. Place a pupil in a facedown position with the pupil’s hands held or restrained behind the pupil’s back. 6. 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. PROVIDER 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. This observation shall not be through indirect means, including through a security camera or a closed-circuit television. PROVIDER shall afford 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 by PROVIDER, 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. In the case of a child whose behavior impedes the child’s learning or that of others, the IEP team shall consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior, consistent with Sections 1414(d)(3)(B)(i) and (d)(4) of Title 20 of the United States Code and associated federal regulations. (Added by Stats. 2013, Ch. 48, Sec. 43. All restraint practices must be reviewed and revised when they have an adverse effect on a student and are used repeatedly for an individual child, either on multiple occasions within the same classroom or multiple uses by the same individual. PROVIDER shall notify the student’s parent/guardian when any type of Regulations 3052(l) (1-8)physical or mechanical restraint or seclusion has been used. Upon the use of any type of physical or mechanical restraint or seclusions of an LEA student, PROVIDER shall complete a BER per the reporting and notification requirements listed above.

POSITIVE BEHAVIOR INTERVENTIONS. CONTRACTOR shall comply with the requirements of Education Code section 56521.5 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 Behavior Intervention Plan (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 pursuant to California Education Code section 56521.1 regarding emergency interventions interventions, including prohibited behavioral interventions, and Behavioral Emergency ReportsReports (BER). CONTRACTOR shall ensure that all of its instructional staff members are trained annually in crisis intervention and emergency procedures as related to appropriate behavior management strategies. Training includes certification with a SELPA approved Crisis Prevention Intervention (CPI). 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 the SELPA approved BER form when an emergency occurs that is defined as a serious, dangerous behavior that staff has determined to present a clear and present danger to others. It ; it requires a non-violent physical intervention to protect the safety of student, self, or others and a physical intervention has been used; or a physical intervention has not been used, but an injury or serious property damage has occurred. Personal Safety Techniques may or may not have been used. Emergencies require a BER form be completed and submitted to the LEA and SELPA within twenty-four (241) hours one school day for administrative action. CONTRACTOR shall notify LEA and Parent within twenty-four (24) hours via telephone. If the student does not have a Behavior Intervention Plan (“BIP”) or Positive Behavior Intervention Plan (“PBIP”) or Comprehensive Behavior Intervention Plan (CBIP), an IEP team shall schedule a meeting 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 BIPPBIP, the IEP team shall review and modify the BIP PBIP if a new serious behavior has been exhibited or existing behavioral interventions have proven to be ineffective. CONTRACTOR shall schedule with LEA an IEP meeting within two Within (2) two school days, CONTRACTOR and XXX shall schedule an IEP meeting. Pursuant to Education Code section 56521.2, CONTRACTOR shall not authorize, order, consent to, or pay for any of the following prohibited interventionsintervention, or any other intervention interventions similar to or like the following: : (a1) any Any intervention that is designed to, or likely to, cause physical pain; , including, but not limited to, electric-shock (b2) releasing An intervention that involves the release of noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to the LEA pupil’s face; face of the individual. (c3) any An intervention which that denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities; . (d4) any An intervention which that is designed to subject, used to subject, or likely to subject subject, the LEA pupil individual to verbal abuse, ridicule, or humiliation, or which that can be expected to cause excessive emotional trauma; . (e5) restrictive Restrictive interventions which that 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 by trained personnel as a short term limited emergency intervention intervention. (6) Locked seclusion, unless it is in a facility otherwise licensed or permitted by CONTRACTOR’s trained and qualified personnel as allowable by applicable state law and regulations; to use a locked room. (f7) locked seclusion except as allowable by applicable law and regulations; (g) any An intervention that precludes adequate supervision of the individual; and . (h) any 8) An intervention which that deprives the LEA pupil individual of one or more of his or her senses, pursuant to California Code of Regulations 3052(l) (1-8).

POSITIVE BEHAVIOR INTERVENTIONS. a) CONTRACTOR shall comply with the requirements of Education Code section 56521.5 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 pursuant to California Education Code section 56521.1 regarding emergency interventions and Behavioral Emergency Reports. . b) 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. . c) 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 occurs that is defined as a serious, dangerous behavior that staff has determined to present a clear and present danger to others. It requires a non-violent physical intervention to protect the safety of student, self, or others and a physical intervention has been used; or a physical intervention has not been used, but an injury or serious property damage has occurred. Personal Safety Techniques may or may not have been used. 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 via telephone. If the student does not have a Behavior Intervention Plan (“BIP”) or Positive Behavior Intervention Plan (“PBIP”), an IEP team shall schedule a meeting 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 schedule with LEA an IEP meeting within two (2) days. CONTRACTOR shall not 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 LEA pupilstudent’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 LEA pupil 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 LEA pupil student of one or more of his or her senses, pursuant to California Code of Regulations 3052(l) (1-8).

POSITIVE BEHAVIOR INTERVENTIONS. CONTRACTOR shall comply with the requirements of Education Code section 56521.5 regarding positive behavior interventions56521.1 and 56521.2. 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 it’s implementing regulations. If the individualized education program 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 Behavior Intervention Plan (“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 pursuant to California Education Code section 56521.1 regarding emergency interventions and Behavioral Emergency Reportsbehavioral emergency reports. Evidence of such training shall be submitted to the LEA at the beginning of the school year and within six (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 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 behavior emergency report when an emergency occurs that is defined as a serious, dangerous behavior that staff has determined to present a clear and present danger to others. It requires a non-violent physical intervention to protect the safety of student, self, or others and a physical intervention has been used; or a physical intervention has not been used, but an injury or serious property damage has occurred. Personal Safety Techniques may or may not have been used. Emergencies require a BER behavior emergency report 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 via telephone. If the student does not have a Behavior Intervention Plan (“BIP”) BIP or Positive Behavior Intervention Plan (“PBIP”), an IEP team shall schedule a meeting to review the BERbehavior emergency report, 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 schedule with LEA an IEP meeting within two (2) days. Pursuant to Education Code section 56521.2, CONTRACTOR shall not authorize, order, consent to, or pay for any of the following prohibited interventions, or any other intervention interventions similar to or like the following: : (a1) any Any intervention that is designed to, or likely to, cause physical pain; , including, but not limited to, electric-shock (b2) releasing An intervention that involves the release of noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to the LEA pupil’s face; face of the individual. (c3) any An intervention which that denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities; . (d4) any An intervention which that is designed to subject, used to subject, or likely to subject subject, the LEA pupil individual to verbal abuse, ridicule, or humiliation, or which that can be expected to cause excessive emotional trauma; . (e5) restrictive Restrictive interventions which that 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 by trained personnel as a short term limited emergency intervention intervention. (6) Locked seclusion, unless it is in a facility otherwise licensed or permitted by CONTRACTOR’s trained and qualified personnel as allowable by applicable state law and regulations; to use a locked room. (f7) locked seclusion except as allowable by applicable law and regulations; (g) any An intervention that precludes adequate supervision of the individual; and . (h) any 8) An intervention which that deprives the LEA pupil individual of one or more of his or her senses, pursuant to California Code of Regulations 3052(l) (1-8).or

POSITIVE BEHAVIOR INTERVENTIONS. CONTRACTOR shall comply with the requirements of Education Code section 56521.5 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 pursuant to California Education Code section 56521.1 regarding emergency interventions and Behavioral Emergency ReportsReports (“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 occurs that is defined as a serious, dangerous behavior that staff has determined to present a clear and present danger to others. It requires a non-violent physical intervention to protect the safety of student, self, or others and a physical intervention has been used; or a physical intervention has not been used, but an injury or serious property damage has occurred. Personal Safety Techniques may or may not have been used. 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 via telephone. If the student does not have a Behavior Intervention Plan (“BIP”) or Positive Behavior Intervention Plan (“PBIP”), an IEP team shall schedule a meeting 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 schedule with LEA an IEP meeting within two (2) days. 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 LEA pupilstudent’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 LEA pupil 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 LEA pupil student of one or more of his or her senses, pursuant to California Code of Regulations 3052(l) (13052(1-8)9).

POSITIVE BEHAVIOR INTERVENTIONS. CONTRACTOR shall comply with the requirements of Education Code section 56521.5 56521.1 and 56521.2 regarding positive behavior interventions. LEA XXX students who exhibit serious behavioral challenges behaviors that interfere with their learning or the learning of others must receive timely and appropriate assessments and positive supports and interventions in accordance with the federal law and its it’s implementing regulations. If the individualized education program 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 pursuant to California Education Code section 56521.1 regarding emergency interventions and Behavioral Emergency ReportsReports (BER). Evidence of training related to positive behavioral intervention and completion of BERs for applicable or relevant staff shall be completed within six (6) days of any new hire as referenced above. CONTRACTOR shall ensure that all of its applicable or relevant 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. Evidence of additional training related to the above shall be maintained by the CONTRACTOR and submitted to the LEA upon request. Pursuant to Education Code section 56521.1 emergency interventions shall not be used as a substitute for a Behavior Intervention Plan (BIP), and instead shall not be employed longer than necessary to contain the behavior. Emergency interventions may only be used to control unpredictable, spontaneous behavior that is unpredictable and spontaneous. For an emergency intervention to be used, the behavior must pose a poses 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 and 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 occurs that is defined as a serious, dangerous behavior that staff has determined to present a clear and present danger to others. It requires a non-violent physical intervention to protect the safety of student, self, or others and a physical intervention has been used; or a physical intervention has not been used, but an injury or serious property damage has occurred. Personal Safety Techniques may or may not have been used. CONTRACTOR shall notify the SELPA, LEA and the parent/guardian when any type of physical or mechanical restraint or seclusion has been used. Upon the use of any type of physical or mechanical restraint or seclusions of a student, CONTRACTOR shall complete a BER per the reporting and notification requirements listed above. 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 via telephone. If the student does not have a Behavior Intervention Plan (“BIP”) or Positive Behavior Intervention Plan (“PBIP”), an IEP team shall confer to schedule a meeting within two (2) days, and at such meeting, 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 the IEP team finds it necessary to review and modify the IEP. A copy of the BER shall be ineffectiveprovided to the LEA and the SELPA. Pursuant to Education Code Section 56521.2, CONTRACTOR shall schedule is subject to the following: (a) A local educational agency or nonpublic, nonsectarian school or agency serving individuals with LEA an IEP meeting within two (2) days. CONTRACTOR exceptional needs pursuant to Sections 56365 and 56366, shall not authorize, order, consent to, or pay for any of the following prohibited interventions, or any other intervention interventions similar to or like the following: : (a1) any Any intervention that is designed to, or likely to, cause physical pain; , including, but not limited to, electric shock. (b2) releasing An intervention that involves the release of noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to the LEA pupil’s face; face of the individual. (c3) any An intervention which that denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities; . (d4) any An intervention which that is designed to subject, used to subject, or likely to subject subject, the LEA pupil individual to verbal abuse, ridicule, or humiliation, or which that can be expected to cause excessive emotional trauma; . (e5) restrictive Restrictive interventions which that 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 by trained personnel as a short term limited emergency intervention intervention. (6) Locked seclusion, unless it is in a facility otherwise licensed or permitted by CONTRACTOR’s trained and qualified personnel as allowable by applicable state law and regulations; to use a locked room. (f7) locked seclusion except as allowable by applicable law and regulations; (g) any An intervention that precludes adequate supervision of the individual; and . (h) any 8) An intervention which that deprives the LEA pupil individual of one or more of his or her senses. (b) In the case of a child whose behavior impedes the child’s learning or that of others, pursuant the individualized education program team shall consider the use of positive behavioral interventions and supports, and other strategies, to California address that behavior, consistent with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of the United States Code of Regulations 3052(l) (1-8)and associated federal regulations.