(a) Emergency interventions may only be used to control unpredictable, spontaneous behavior that poses clear and present danger of serious physical harm to the individual with exceptional needs, or others, and that cannot be immediately prevented by a response less restrictive than the temporary application of a technique used to contain the behavior. (b) Emergency interventions shall not be used as a substitute for the systematic behavioral intervention plan that is designed to change, replace, modify, or eliminate a targeted behavior. (c) No emergency intervention shall be employed for longer than is necessary to contain the behavior. A situation that requires prolonged use of an emergency intervention shall require the staff to seek assistance of the school site administrator or law enforcement agency, as applicable to the situation. (d) Emergency interventions shall not include: 1) Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room. 2) Employment of a device, material, or objects that simultaneously immobilize all four extremeties, except that techniques such as prone containment may be used as an emergency intervention by staff trained in those procedures. 3) An amount of force that exceeds that which is reasonable and necessary under the circumstances. (e) To prevent emergency interventions from being used in lieu of planned, systematic behavioral interventions, the parent, guardian, and residential care provider, if appropriate, shall be notified within one schoolday if an emergency intervention is used or serious property damage occurs. A behavioral emergency report shall immediately be completed and maintained in the file of the individual with exceptional needs. The behavioral emergency report shall include all of the following: 1) The name and age of the individual with exceptional needs 2) The setting and location of the incident 3) The name of the school staff or other persons involved 4) A description of the incident and the emergency intervention used, and whether the individual with exceptional needs is currently engaged in any systematic behavioral intervention plan. 5) Details of any injuries sustained by the individual with exceptional needs, or others, including staff, as a result of the incident. (f) All behavioral emergency reports shall immediately be forwarded to, and reviewed by, a designated responsible administrator. (g) If a behavioral emergency report is written regarding an individual with exceptional needs who does not have a behavioral intervention plan, the designated
Chapter 9 – Behavioral Interventions and Supports for Students with Disabilities, Charter SELPA
Page 12
As of 11/18/2016
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