Positive Behavior Support Positive, rather than negative, measures must form the basis of behavior support programs to ensure that all students and eligible young children must be free from demeaning treatment, the use of aversive techniques and the unreasonable use of restraints PA CHAPTER 14: 14.133(a) PA CHAPTER 711: §711.46(a) FORMS: No changes TALKING POINTS: This section was previously titled, “Behavior Support.” The title has changed to Positive Behavior Support. Behavior support programs are to be based upon positive measures as opposed to negative measures. LEAs are prohibited from using aversive techniques and the unreasonable use of restraints, which are likely to be demeaning to students. More information on restraints will be provided on upcoming slides. Children receiving early intervention services now receive these protections. Positive behavior support section is identical in Ch. 14 and 711. §14.133(a), §711.46 (a) 1 1

Positive Behavior Support Behavior support programs must include research based practices and techniques to develop and maintain skills that will enhance an individual student’s or eligible young child’s opportunity for learning and self-fulfillment. PA CHAPTER 14: 14.133(a) PA CHAPTER 711: §711.46(a) FORMS: No changes TALKING POINTS: Previously, Chapter 14 only required that behavior support programs include techniques to develop and maintain skills to enhance the child’s opportunity for learning and self-fulfillment. New Chapter 14 clarifies that programs are to include “research based practices.” While Chapter 14 does not include a definition of research based practices, we know from IDEA and NCLB that” research based” includes studies with a control group, studies that were conducted for at least a semester, and studies where the results are published in a peer-reviewed journal. In addition to techniques, “research based practices” has been added. The word “eligible” was also added in front of young child. §14.133(a), §711.46(a) 2 2

Positive Behavior Support Behavior support programs and plans must be based on a functional assessment of behavior and utilize positive behavior techniques. When an intervention is needed to address problem behavior, the types of intervention chosen for a particular student or eligible young child must be the least intrusive necessary. PA CHAPTER 14: 14.133(a) PA CHAPTER 711: §711.46(a) FORMS: IEP, Section I (Special Considerations) in the section regarding Behaviors that impede his/her learning or that of others has been changed to reflect new requirements. TALKING POINTS: This is new. Previously there were only certain situations that required the completion of a functional behavior assessment (FBA). The new Chapter 14 requires that all behavior support programs and plans be based upon a functional assessment of behavior. Also added is: behavior support programs (the supports that are provided in school to address the behavior in question) and plans (the written plan that outlines what support and services are to be provided) shall utilize positive behavior techniques. The second bullet clarifies that when an intervention is needed to address problem behavior, the chosen interventions should be the least intrusive necessary. Only the bolded language is new. Background Information: FBA is a process for gathering information to understand the function (purpose) of behavior in order to write an effective positive behavior support plan. §14.133(a), §711.46(a) 3 3

Positive Behavior Support NEW The use of restraints is considered a measure of last resort, only to be used after other less restrictive measures, including de-escalation techniques. §14.133(a), §711.46 (a) PA CHAPTER 14: 14.133(a) PA CHAPTER 711: §711.46(a) FORMS: No changes TALKING POINTS: Restraints may only be used as a last resort, when less restrictive measures (including de-escalation techniques) in accord with subsection (c) (2) have been exhausted. We will be talking shortly about when restraints may be used. The definition of restraints has changed to provide additional clarity. 4 4

Positive Behavior Support NEW Positive Behavior Support Positive behavior support plans – A plan for students with disabilities and eligible young children who require specific intervention to address behavior that interferes with learning. A positive support plan must: Be developed by the IEP team, Be based on a functional behavioral assessment, Becomes part of the individual eligible young child’s or student’s IEP PA CHAPTER 14: 14.133(b) PA CHAPTER 711: §711.46(b) FORMS: Special Considerations section of the IEP has been changed to reflect new requirements. TALKING POINTS: This definition of a positive behavior support plan has major implications in writing IEPs for students who have behaviors that impede their learning or that of others. The positive behavior support plan of each student and eligible young child with a disability who requires specific intervention to address behavior that interferes with learning must be based on a functional behavioral assessment. This positive behavior support plan then becomes part of the IEP of the eligible young child or student. §14.133(b), §711.46(b) 5 5

Positive Behavior Support Positive behavior support plans Such plans must include methods that utilize positive reinforcement and other positive techniques to shape a student’s or eligible young child’s behavior, ranging from the use of positive verbal statements as a reward for good behavior to specific tangible rewards PA CHAPTER 14: 14.133(b) PA CHAPTER 711: §711.46(b) FORMS: IEP has been changed to reflect new requirements. TALKING POINTS: This is the remaining piece of the definition for a positive behavior support plan. Positive behavior support plans: Utilize positive reinforcement and other positive techniques to shape a student’s or eligible young child’s behavior. These positive methods range from the use of positive verbal statements to specific tangible rewards for good behavior. Some of this language comes from the Positive Techniques provision in old Chapter 14. §14.133(b), §711.46(b) 6 6

Positive Behavior Support NEW Positive Behavior Support Restraints – The application of physical force, with or without the use of any device, for the purpose of restraining the free movement of a student’s or eligible young child’s body Does not include briefly holding, without force, a student or eligible young child in order to calm or comfort him, guiding a student or eligible young child to an appropriate activity, or holding a student’s or eligible young child’s hand to safely escort him/her from one area to another PA CHAPTER 14: 14.133(b)(i) PA CHAPTER 711: §711.46(b) FORMS: No changes TALKING POINTS: What a restraint is: The application of physical force, with or without the use of any device, for the purpose of restraining free movement of a student’s or eligible young child’s body. What a restraint is not: Briefly holding, without force, a student or eligible young child in order to calm or comfort Guiding a student or eligible young child to an appropriate activity Holding a student’s or eligible young child’s hand to safely escort from one area to another §14.133(b), §711.46 (b) 7 7

Positive Behavior Support NEW Positive Behavior Support Restraints- Excluded from this definition are hand-over-hand assistance with feeding or task completion and techniques prescribed by a qualified medical professional for reasons of safety or for therapeutic or medical treatment, as agreed to by the student’s or eligible young child’s parents and specified in the IEP PA CHAPTER 14: 14.133(b)(ii) PA CHAPTER 711: §711.46(b) FORMS: No changes TALKING POINTS: This slide includes additional things that are NOT defined as restraints: Hand-over-hand assistance with feeding or task completion Techniques prescribed by a qualified medical professional for reasons of safety or for therapeutic or medical treatment, as agreed to by the student’s or eligible young child’s parents and specified in the IEP. It appears that the distinction for the latter part of this definition is that the above mentioned items, when they are agreed to by the parents of the student or eligible young child and are specified in the IEP, are allowable but must be specifically addressed in the student’s IEP. §14.133(b), §711.46 (b) 8 8 8

Positive Behavior Support NEW Positive Behavior Support Restraints Excludes such mechanical restraints as Devices used for physical or occupational therapy Seatbelts in wheel chairs or on toilets used for balance and safety Safety harnesses in buses Functional positioning devices PA CHAPTER 14: 14.133 (b)(ii) PA CHAPTER 711: §711.46(b) FORMS: No changes TALKING POINTS: Again, the continuation of the definition of restraints tells us what will not be considered to be restraints. The following mechanical restraints are excluded from the definition of restraints: Devices used for physical or occupational therapy Seatbelts in wheel chairs or on toilets used for balance and safety Safety harnesses in buses Functional positioning devices §14.133(b), §711.46 (b) 9 9

Positive Behavior Support Restraints Restraints to control acute or episodic aggressive or self-injurious behavior may be used only when the student is acting in a manner as to be a clear and present danger to himself, to other students or to employees, and only when less restrictive measures and techniques have proven to be or are less effective. PA CHAPTER 14: 14.133 (c) PA CHAPTER 711: §711.46(c) FORMS: No changes TALKING POINTS: The only addition is the phrase, “or self-injurious,” which clarifies when restraints may be used when less restrictive measures and techniques have proven to be less effective. This clarification is to help us realize that the information on the slide applies when a student is injuring him/herself. §14.133(c), §711.46 (c) 10 10

Positive Behavior Support Restraints The use of restraints to control the aggressive behavior of an individual student or eligible young child must cause the school entity, charter school, or cyber charter school to notify the parent of the use of the restraint a meeting of the IEP team within 10 school days of the inappropriate behavior causing the use of restraints, unless the parent, after written notice, agrees in writing to waive the meeting. PA CHAPTER 14: 14.133 (c)(1) PA CHAPTER 711: §711.46(c) FORMS: The LEA may use the Invitation to the IEP or other meeting form to serve this purpose. TALKING POINTS: If the personnel of a school entity use restraints to control the aggressive behavior of an individual student or eligible young child, the school entity must notify the parent of the use of a restraint. In addition, a meeting of the IEP team is to occur within 10 school days of the inappropriate behavior that caused the use of restraints. However the parent, after written notice, may agree in writing to waive the meeting. In this case the meeting would not need to occur. Background Previously, the use of restraints required the LEA to hold an IEP team meeting to review the current IEP for appropriateness and effectiveness. There were no time limitations regarding when this meeting was to occur. §14.133(c), §711.44(c) 11 11

Positive Behavior Support NEW Positive Behavior Support Restraints At this meeting, the IEP team must consider whether the student or eligible young child needs a functional behavioral assessment, reevaluation, a new or revised positive behavior support plan, or a change of placement to address the inappropriate behavior PA CHAPTER 14: 14.133 (c)(1) PA CHAPTER 711: §711.46(c) FORMS: No changes TALKING POINTS: The content on this slide is a continuation of the previous slide regarding meetings that must occur when restraints have been used to control the aggressive behavior of an individual student or eligible young child. Unless the parent, after written notice, has agreed in writing to waive such meeting, the following are questions that must be considered by the IEP team: Does the student or eligible young child need a functional behavior assessment? (Remember that restraints may have been needed for a child who has not already been identified as needing a positive behavior support plan. If the restraint was needed for a child who already has a positive behavior support plan, then a functional behavior assessment would have already been completed. However, a new one may be warranted.) Does the student or eligible young child need to be reevaluated? Does the student or eligible young child need a new or revised positive behavior support plan? Does the student or eligible young child need a change of placement to address the inappropriate behavior? The content of this slide is all new and provides clarity regarding the purpose of the IEP team meeting that must occur after a restraint has been used. §14.133(c), §711.46 (c) 12 12

Positive Behavior Support NEW Positive Behavior Support Restraints The use of restraints may only be included in a student’s or eligible young child’s IEP when: Utilized with specific component elements of positive behavior support Used in conjunction with the teaching of socially acceptable alternative skills to replace problem behavior Staff are authorized to use the procedure and have received the staff training required There is a plan in place for eliminating the use of restraint through the application of positive behavior support. PA CHAPTER 14: 14.133 (c)(2)(I)-(IV) PA CHAPTER 711: §711.46(c) FORMS: This requires no change to any forms, however there are implications for what may be included into a student’s or eligible young child’s IEP TALKING POINTS: This slide illustrates the only conditions that permit the use of restraints to be included into the IEP of a student or eligible young child. Teams should not include restraints in an IEP unless: Restraints are used with specific component elements of positive behavior support Restraints are used in conjunction with teaching socially acceptable alternative skills to replace problem behavior Staff have received required training and are authorized to use the procedures; and 4) There is a plan in place for eliminating the use of restraint through the application of positive behavior support. This plan may be a part of the positive behavior plan (if it is a separate document that is attached to the IEP), or as a part of the IEP in the form of annual goals, SDI, etc. It is not permissible to include the use of restraints in the IEP of a student or eligible young children without these components. §14.133(c), §711.46 (c) 13 13

Positive Behavior Support NEW Positive Behavior Support Restraints The use of prone restraints is prohibited in educational programs. Prone restraints are those in which a student or eligible young child is held face down on the floor. §14.133(c), §711.46 (c) PA CHAPTER 14: 14.133(c)(3) and 14.133(c)(4) PA CHAPTER 711: §711.46(c) FORMS: No changes TALKING POINTS: This slide is very clear. Prone restraints, those in which a student or eligible young child is held face down on the floor, are prohibited. BACKGROUND INFORMATION: Still included in the regulations is that restraints may not be included in the IEP for the convenience of staff, as a substitute for an educational program, or employed as punishment. 14 14

Positive Behavior Support NEW Positive Behavior Support Effective July 1, 2008: Restraints School entities, charter schools, and cyber charter schools must maintain and report data on the use of restraints as prescribed by the Secretary. The report must be reviewed during cyclical compliance monitoring conducted by the Department. PA CHAPTER 14: 14.133(c)(5) PA CHAPTER 711: §711.46(c)(5) FORMS: No changes TALKING POINTS: Beginning July 1, 2008, school entities now must maintain records on the use of restraints. The data regarding the use of restraints will be reported as prescribed to the PA Secretary of Education. These reports will be reviewed during cyclical monitoring. Reporting requirements will be disseminated by PDE. §14.133(c), §711.46(c) 15 15