Current through Register Vol. 39, No. 6, September 16, 2024
(a) For purposes of this Rule, "challenging
behavior" shall mean any repeated pattern of behavior, or perception of
behavior, that interferes with or is at risk of interfering with optimal
learning or engagement in pro-social interactions with peers and adults that
interferes with children's learning, development, and success at play, is
harmful to the child, other children, or adults, that put a child at high risk
for later social problems or school failure (http://challengingbehavior.fmhi.usf.edu/explore/glossary.htm).
(b) When a child demonstrates
challenging behaviors that prevent his or her progress in any developmental
domain as referenced in the "North Carolina Foundations for Early Learning and
Development" impeding the child's access to and participation in the assigned
NC Pre-K classroom learning activities, the following shall apply:
(1) The Site Administrator shall notify the
NC Pre-K Contract Administrator and the local school system's Preschool
Exceptional Children Program for assistance if a child's cognitive, language
and communication, emotional, social, health and physical needs exceed the
program's capacity to address as indicated by one or more of the following:
(A) developmental needs
assessments;
(B) home
visits;
(C) consultations with the
family members;
(D) daily recorded
classroom teacher observations; and
(E) modified instructional plans and
differentiated lessons based on the child's individual goals.
(2) The NC Pre-K Contract
Administrator, Site Administrator, teacher, and family members in consultation
with the school system's Preschool Exceptional Children Program and other
available community and state resources, such as Birth-through-Kindergarten
licensed mentors, evaluators, Healthy Social Behavioral specialists, child care
health consultants, mental health specialists, social workers, and other local
child developmental experts, shall develop a coordinated support plan to
support the NC Pre-K child's placement and participation in the NC Pre-K
Program.
(3) The Division of Child
Development and Early Education shall be notified when support plans
recommended by the local school system's Exceptional Children Program require
an alternative placement and support services for a child.
(4) A site administrator shall not suspend or
expel a child from a NC Pre-K Program until the site administrator has
completed the requirements of Subparagraphs (1), (2), and (3) of this
Paragraph.
(5) Unless the operator
determines the child poses a risk of harm to himself or herself or others, and
has completed the requirements of Subparagraphs (1), (2), and (3) of this
Paragraph, no child shall receive less than the 6.5-hour NC Pre-K day. Risk of
harm to oneself or others includes:
(A)
physical aggression such as hitting, kicking, punching, spitting, throwing
objects pinching, pushing, and biting;
(B) destroying property;
(C) tantrum behaviors that might include
behaviors such as kicking, screaming, pushing an object or person, stomping
feet, or head banging;
(D) verbal
aggression including yelling, threats, and screaming;
(E) persistent or prolonged crying that is
loud or disruptive or crying that interferes with the child's engagement in
activities; and
(F) touching other
children's private areas, and removing clothing from themselves or
others.
Authority
G.S.
110-85;
110-88; S.L. 2011-145, s.
10.7(a);
Eff. October 1, 2017.
