Behavioral interventions for students with disabilities
shall be provided in accordance with this section and those other applicable
provisions of this Part and/or Part 201 that are not inconsistent with this
section.
(a) Assessment of student
behaviors.
For purposes of this section, an assessment of
student behaviors shall mean a functional behavioral assessment (FBA),
as such term is defined in section
200.1(r)
of this Part.
(1) A FBA shall be
conducted as required in section
200.4
of this Part and section
201.3
of this Title.
(2) The FBA shall,
as appropriate, be based on multiple sources of data including, but not limited
to, information obtained from direct observation of the student, information
from the student, the student's teacher(s) and/or related service provider(s),
a review of available data and information from the student's record and other
sources including any relevant information provided by the student's parent.
The FBA shall not be based solely on the student's history of presenting
problem behaviors.
(3) The FBA
shall provide a baseline of the student's problem behaviors with regard to
frequency, duration, intensity and/or latency across activities, settings,
people and times of the day and include the information required in section
200.1(r)
of this Part in sufficient detail to form the basis for a behavioral
intervention plan for the student that addresses antecedent behaviors,
reinforcing consequences of the behavior, recommendations for teaching
alternative skills or behaviors and an assessment of student preferences for
reinforcement.
(b)
Behavioral intervention plan.
(1) The CSE or
CPSE shall consider the development of a behavioral intervention plan, as such
term is defined in section
200.1(mmm)
of this Part, for a student with a disability when:
(i) the student exhibits persistent behaviors
that impede his or her learning or that of others, despite consistently
implemented general school-wide or classroom-wide interventions;
(ii) the student's behavior places the
student or others at risk of harm or injury;
(iii) the CSE or CPSE is considering more
restrictive programs or placements as a result of the student's behavior;
and/or
(iv) as required pursuant to
section
201.3
of this Title.
(2) In
accordance with the requirements in section
200.4
of this Part, in the case of a student whose behavior impedes his or her
learning or that of others, the CSE or CPSE shall consider strategies,
including positive behavioral interventions and supports and other strategies
to address that behavior. If a particular device or service, including an
intervention, accommodation or other program modification is needed to address
the student's behavior that impedes his or her learning or that of others, the
IEP shall so indicate. A student's need for a behavioral intervention plan
shall be documented on the IEP and such plan shall be reviewed at least
annually by the CSE or CPSE.
(3) A
behavioral intervention plan shall not include the use of corporal punishment,
aversive interventions, seclusion, or physical restraints as such terms are
defined in section
19.5 of this Title.
(4) The behavioral intervention plan shall
identify:
(i) the baseline measure of the
problem behavior, including the frequency, duration, intensity and/or latency
of the targeted behaviors. Such baseline shall, to the extent practicable,
include data taken across activities, settings, people and times of the day.
The baseline data shall be used as a standard to establish performance criteria
and against which to evaluate intervention effectiveness;
(ii) the intervention strategies to be used
to alter antecedent events to prevent the occurrence of the behavior, teach
individual alternative and adaptive behaviors to the student, and provide
consequences for the targeted inappropriate behavior(s) and alternative
acceptable behavior(s); and
(iii) a
schedule to measure the effectiveness of the interventions, including the
frequency, duration and intensity of the targeted behaviors at scheduled
intervals.
(5) Progress
monitoring. The implementation of a student's behavioral intervention plan
shall include regular progress monitoring of the frequency, duration and
intensity of the behavioral interventions at scheduled intervals, as specified
in the behavioral intervention plan and on the student's IEP. The results of
the progress monitoring shall be documented and reported to the student's
parents and to the CSE or CPSE and shall be considered in any determination to
revise a student's behavioral intervention plan or IEP.
(c) Use of timeout..
Except for situations that pose an immediate concern for
the physical safety of a student or others as provided for in section
19.5(d)(1) of this
Title, the use of timeout shall be used in conjunction with a behavioral
intervention plan that is designed to teach and reinforce alternative
appropriate behaviors.
(1) Each school
shall ensure that timeout is used consistent with the requirements of section
19.5(d)(1) of this
Title.
(2) A student's IEP shall
specify when a behavioral intervention plan includes the use of timeout,
including the maximum amount of time a student will need to be in timeout as a
behavioral consequence as determined on an individual basis in consideration of
the student's age and individual needs.
(3) The school district shall inform the
student's parents prior to the initiation of a behavioral intervention plan
that will incorporate the use of timeout and shall give the parent the
opportunity to see the room or physical space that will be used and provide the
parent with a copy of the school's policy on the use of timeout.
(d) Use of physical restraint.
Physical restraint, as such term is defined in section
19.5(b)(7) of this
Title shall be used only in situations in which immediate intervention
involving the use of reasonable physical force is necessary to prevent imminent
danger of serious physical harm to the student or others. Each school shall
ensure that physical restraint is used consistent with the requirements of
section
19.5(d)(2) of this
Title.
(1) Physical restraint shall not be
used as a punishment or as a substitute for systematic behavioral interventions
that are designed to change, replace, modify or eliminate a targeted
behavior.
(2) Physical restraint
shall not be used as a planned intervention on a student's individualized
education program or behavioral intervention plan.
(3) Staff training. Staff who may be called
upon to implement physical restraint shall be provided with appropriate
evidence- based training in safe and effective physical restraint procedures in
accordance with sections
19.5(d)(8) of this
Title and 200.15(h)(1) of this Part, as applicable.
(e) Repealed
(f) Repealed
Notes
N.Y. Comp.
Codes R. & Regs. Tit. 8
§
200.22
Amended,
New
York State Register May 14, 2014/Volume XXXVI, Issue 19, eff.
5/14/2014
Amended
New
York State Register August 2, 2023/Volume XLV, Issue 31, eff.
8/2/2023