occurs (California Education Code section 56521.1(e)). To be defined as a behavioral emergency, the behavior must pose a clear and present danger of serious physical harm to the student or others, or pose a threat of serious property damage. Emergency interventions such as physical restraint may be necessary to control the unpredictable, spontaneous behavior that poses clear and present danger of serious physical harm to the student or others, that cannot be immediately prevented by a response less restrictive than the temporary application of a technique used to contain the behavior. The law requires that the LEA schedule an IEP team meeting within two days (form 68M) to review the completed BER (form D/M 114) for a student who has a BIP, to determine whether any incident involving a previously unseen serious behavior problem or where a previously designed intervention is not effective, warrants further assessment through an FBA or revision of the BIP. If the student does not have a BIP, the designated responsible administrator shall, within two days, schedule an IEP meeting to determine if a FBA of that emergency behavior is warranted, document the reason why the FBA will or will not be conducted, and develop an interim BIP. Emergency interventions shall not be used as a substitute for a systematic BIP that is designed to change, replace, modify, or eliminate a targeted behavior. No emergency intervention shall be used for longer than is necessary to contain the behavior. For any situation that requires a prolonged use of an emergency intervention, LEA staff shall seek assistance of the site administrator or law enforcement agency, as applicable to the situation. E.C. § 56521.1 (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.
Chapter 10 – Positive Behavioral Interventions and Supports, Desert/Mountain SELPA
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As of 09/12/2014
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