22 Pa. Code § 711.46 - Positive behavior support
(a)
Positive rather than negative measures shall form the basis of positive
behavior support programs to ensure that all students shall be free from
demeaning treatment, the use of aversive techniques and the unreasonable use of
restraints. Behavior support programs must include research based practices and
techniques to develop and maintain skills that will enhance an individual
student's opportunity for learning and self-fulfillment. Behavior support
programs and plans shall 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
must be the least intrusive necessary. The use of restraints is considered a
measure of last resort, only to be used after other less restrictive measures,
including deescalation techniques in accordance with subsection
(c)(2).
(b) Notwithstanding the
requirements incorporated by reference in
34 CFR
300.34,
300.324,
300.530 (relating to related
services; development, review, and revision of IEP; and authority of school
personnel), with regard to a child's behavior, the following words and terms,
when used in this section, have the following meanings, unless the context
clearly indicates otherwise:
Aversive techniques-Deliberate activities designed to establish a negative association with a specific behavior.
Positive behavior support plan-A plan for students with disabilities who require specific intervention to address behavior that interferes with learning. A positive behavior support plan shall be developed by the IEP team, be based on a functional behavior assessment and become part of the student's IEP. These plans include methods that utilize positive reinforcement and other positive techniques to shape a student's behavior, ranging from the use of positive verbal statements as a reward for good behavior to specific tangible rewards.
Restraints-
(i) The application of physical force, with
or without the use of a device, for the purpose of restraining the free
movement of a student's body. The term does not include briefly holding,
without force, a student to calm or comfort him, guiding a student to an
appropriate activity, or holding a student's hand to safely escort him from one
area to another.
(ii) 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
parents and specified in the IEP. Devices used for physical or occupational
therapy, seatbelts in wheel chairs or on toilets used for balance and safety,
safety harnesses in buses, and functional positioning devices are examples of
mechanical restraints which are excluded from this definition, and governed by
subsection (d).
(c)
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.
(1) The use of restraints to
control the aggressive behavior of an individual student shall cause the
charter school or cyber charter school to notify the parent of the use of
restraint and shall cause 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. At this meeting,
the IEP team shall consider whether the student needs a functional behavioral
assessment, reevaluation, a new or revised positive behavior support plan or a
change of placement to address the inappropriate behavior.
(2) The use of restraints may only be
included in a student's IEP when:
(i) Utilized
with specific component elements of positive behavior support.
(ii) Used in conjunction with the teaching of
socially acceptable alternative skills to replace problem behavior.
(iii) Staff are authorized to use the
procedure and have received the staff training required.
(iv) There is a plan in place for eliminating
the use of restraint through the application of positive behavior
support.
(3) The use of
prone restraints is prohibited in educational programs. Prone restraints are
those in which a student is held face down on the floor.
(4) The use of restraints may not be included
in the IEP for the convenience of staff, as a substitute for an educational
program or employed as punishment.
(5) Charter schools and cyber charter schools
shall maintain and report data on the use of restraints as prescribed by the
Secretary . The report will be reviewed during cyclical compliance monitoring
conducted by the Department .
(d) Mechanical restraints, which are used to
control involuntary movement or lack of muscular control of students when due
to organic causes or conditions, may be employed only when specified by an IEP
and as determined by a medical professional qualified to make the
determination, and as agreed to by the student's parents. Mechanical restraints
must prevent a student from injuring himself or others or promote normative
body positioning and physical functioning.
(e) The following aversive techniques of
handling behavior are considered inappropriate and may not be used by charter
schools or cyber charter schools in educational programs:
(1) Corporal punishment.
(2) Punishment for a manifestation of a
student's disability.
(3) Locked
rooms, locked boxes or other locked structures or spaces from which the student
cannot readily exit.
(4) Noxious
substances.
(5) Deprivation of
basic human rights, such as withholding meals, water or fresh air.
(6) Suspensions constituting a
pattern.
(7) Treatment of a
demeaning nature.
(8) Electric
shock.
(f) Charter
schools and cyber charter schools have the primary responsibility for ensuring
that behavior support programs are in accordance with this chapter, including
the training of personnel for the use of specific procedures, methods and
techniques, and for having a written policy and procedures on the use of
behavior support techniques and obtaining parental consent prior to the use of
restrictive or intrusive procedures or restraints.
(g) Charter schools and cyber charter schools
may convene a review, including the use of human rights committees, to oversee
the use of restrictive or intrusive procedures or restraints.
(h) Subsequent to a referral to law
enforcement, for a student with a disability who has a positive behavior
support plan, an updated functional behavior assessment and positive behavior
support plan shall be required.
Notes
The provisions of this § 711.46 adopted under sections
1732-A(c)(2) and 1749-A(b)(8) of the
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