(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 responsible administrator shall, within two days, schedule an individualized education program (IEP) team meeting to review the emergency report, and to determine the necessity of an interim plan. The IEP team shall document the reasons for not conducting the functional behavioral assessment, not developing an interim plan, or both. (h) If a behavioral emergency report is written regarding an individual with exceptional needs who has a positive behavioral intervention plan, an incident involving a previously unseen serious behavior problem, or where a previously designed intervention is ineffective, shall be referred to the IEP team to review and determine if the incident constitutes a need to modify the positive behavioral intervention plan. Limitations/Prohibitions When Responding to a Behavioral Emergency Pursuant to California Education Code section 56521.2, as added by AB 86, a LEA is prohibited from authorizing, ordering, consenting to, or paying for the following or other similar interventions: 1. Locked seclusions, unless it is in a facility otherwise licensed or permitted by state law to use a locked room, is prohibited (LEAs are not licensed for this purpose). 2. Staff shall not employ a device or material or objects, which simultaneously immobilizes all four extremities, except that prone containment may be used as an emergency intervention by staff trained in the procedure.
Chapter 10 – Positive Behavioral Interventions and Supports, Desert/Mountain SELPA
Page 10
As of 09/12/2014
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