New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter P - Handicapped Children
Part 200 - Children with Handicapping Conditions
Section 200.22 - Program standards for behavioral interventions
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 200.22
Current through Register Vol. 46, No. 39, September 25, 2024
Behavioral interventions for students with disabilities shall be provided in accordance with this section and those other applicable provisions of this Part and/or Part 201 that are not inconsistent with this section.
(a) Assessment of student behaviors.
For purposes of this section, an assessment of student behaviors shall mean a functional behavioral assessment (FBA), as such term is defined in section 200.1(r) of this Part.
(1) A FBA shall be conducted as
required in section
200.4 of this Part and section
201.3 of this Title.
(2) The FBA shall, as appropriate, be based
on multiple sources of data including, but not limited to, information obtained
from direct observation of the student, information from the student, the
student's teacher(s) and/or related service provider(s), a review of available
data and information from the student's record and other sources including any
relevant information provided by the student's parent. The FBA shall not be
based solely on the student's history of presenting problem
behaviors.
(3) The FBA shall
provide a baseline of the student's problem behaviors with regard to frequency,
duration, intensity and/or latency across activities, settings, people and
times of the day and include the information required in section
200.1(r) of this
Part in sufficient detail to form the basis for a behavioral intervention plan
for the student that addresses antecedent behaviors, reinforcing consequences
of the behavior, recommendations for teaching alternative skills or behaviors
and an assessment of student preferences for reinforcement.
(b) Behavioral intervention plan.
(1) The CSE or CPSE shall consider the
development of a behavioral intervention plan, as such term is defined in
section 200.1(mmm) of this
Part, for a student with a disability when:
(i) the student exhibits persistent behaviors
that impede his or her learning or that of others, despite consistently
implemented general school-wide or classroom-wide interventions;
(ii) the student's behavior places the
student or others at risk of harm or injury;
(iii) the CSE or CPSE is considering more
restrictive programs or placements as a result of the student's behavior;
and/or
(iv) as required pursuant to
section 201.3 of this
Title.
(2) In accordance
with the requirements in section
200.4 of this Part, in the case of
a student whose behavior impedes his or her learning or that of others, the CSE
or CPSE shall consider strategies, including positive behavioral interventions
and supports and other strategies to address that behavior. If a particular
device or service, including an intervention, accommodation or other program
modification is needed to address the student's behavior that impedes his or
her learning or that of others, the IEP shall so indicate. A student's need for
a behavioral intervention plan shall be documented on the IEP and such plan
shall be reviewed at least annually by the CSE or CPSE.
(3) A behavioral intervention plan shall not
include the use of corporal punishment, aversive interventions, seclusion, or
physical restraints as such terms are defined in section
19.5 of this Title.
(4) The behavioral intervention plan shall
identify:
(i) the baseline measure of the
problem behavior, including the frequency, duration, intensity and/or latency
of the targeted behaviors. Such baseline shall, to the extent practicable,
include data taken across activities, settings, people and times of the day.
The baseline data shall be used as a standard to establish performance criteria
and against which to evaluate intervention effectiveness;
(ii) the intervention strategies to be used
to alter antecedent events to prevent the occurrence of the behavior, teach
individual alternative and adaptive behaviors to the student, and provide
consequences for the targeted inappropriate behavior(s) and alternative
acceptable behavior(s); and
(iii) a
schedule to measure the effectiveness of the interventions, including the
frequency, duration and intensity of the targeted behaviors at scheduled
intervals.
(5) Progress
monitoring. The implementation of a student's behavioral intervention plan
shall include regular progress monitoring of the frequency, duration and
intensity of the behavioral interventions at scheduled intervals, as specified
in the behavioral intervention plan and on the student's IEP. The results of
the progress monitoring shall be documented and reported to the student's
parents and to the CSE or CPSE and shall be considered in any determination to
revise a student's behavioral intervention plan or IEP.
(c) Use of timeout..
Except for situations that pose an immediate concern for the physical safety of a student or others as provided for in section 19.5(d)(1) of this Title, the use of timeout shall be used in conjunction with a behavioral intervention plan that is designed to teach and reinforce alternative appropriate behaviors.
(1) Each school
shall ensure that timeout is used consistent with the requirements of section
19.5(d)(1) of this
Title.
(2) A student's IEP shall
specify when a behavioral intervention plan includes the use of timeout,
including the maximum amount of time a student will need to be in timeout as a
behavioral consequence as determined on an individual basis in consideration of
the student's age and individual needs.
(3) The school district shall inform the
student's parents prior to the initiation of a behavioral intervention plan
that will incorporate the use of timeout and shall give the parent the
opportunity to see the room or physical space that will be used and provide the
parent with a copy of the school's policy on the use of timeout.
(d) Use of physical restraint. Physical restraint, as such term is defined in section 19.5(b)(7) of this Title shall be used only in situations in which immediate intervention involving the use of reasonable physical force is necessary to prevent imminent danger of serious physical harm to the student or others. Each school shall ensure that physical restraint is used consistent with the requirements of section 19.5(d)(2) of this Title.
(1) Physical restraint shall not be
used as a punishment or as a substitute for systematic behavioral interventions
that are designed to change, replace, modify or eliminate a targeted
behavior.
(2) Physical restraint
shall not be used as a planned intervention on a student's individualized
education program or behavioral intervention plan.
(3) Staff training. Staff who may be called
upon to implement physical restraint shall be provided with appropriate
evidence- based training in safe and effective physical restraint procedures in
accordance with sections
19.5(d)(8) of this
Title and 200.15(h)(1) of this Part, as applicable.
(e) Repealed
(f) Repealed
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