2009 California Education Code - Section 56520-56525 :: Chapter 5.5. Behavioral Interventions

56520.  (a) The Legislature finds and declares all of the following:
   (1) That the state has continually sought to provide an
appropriate and meaningful educational program in a safe and healthy
environment for all children regardless of possible physical, mental,
or emotionally disabling conditions.
   (2) That teachers of children with special needs require training
and guidance that provides positive ways for working successfully
with children who have difficulties conforming to acceptable
behavioral patterns in order to provide an environment in which
learning can occur.
   (3) That procedures for the elimination of maladaptive behaviors
shall not include those deemed unacceptable under Section 49001 or
those that cause pain or trauma.
   (b) It is the intent of the Legislature:
   (1) That when behavioral interventions are used, they be used in
consideration of the pupil's physical freedom and social interaction,
be administered in a manner that respects human dignity and personal
privacy, and that ensure a pupil's right to placement in the least
restrictive educational environment.
   (2) That behavioral management plans be developed and used, to the
extent possible, in a consistent manner when the pupil is also the
responsibility of another agency for residential care or related
services.
   (3) That a statewide study be conducted of the use of behavioral
interventions with California individuals with exceptional needs
receiving special education and related services.
   (4) That training programs be developed and implemented in
institutions of higher education that train teachers and that
in-service training programs be made available as necessary in school
districts and county offices of education to assure that adequately
trained staff are available to work effectively with the behavioral
intervention needs of individuals with exceptional needs.

56521.  (a) This chapter applies to any individual with exceptional
needs who is in a public school program, including a state school for
the disabled pursuant to Part 32 (commencing with Section 59000), or
who is placed in a nonpublic school program pursuant to Sections
56365 to 56366.5, inclusive.
   (b) The Superintendent of Public Instruction shall monitor and
supervise the implementation of this chapter.

56523.  (a) On or before September 1, 1992, the Superintendent of
Public Instruction shall develop and the State Board of Education
shall adopt regulations governing the use of behavioral interventions
with individuals with exceptional needs receiving special education
and related services.
   (b) The regulations shall do all of the following:
   (1) Specify the types of positive behavioral interventions which
may be utilized and specify that interventions which cause pain or
trauma are prohibited.
   (2) Require that, if appropriate, the pupil's individual education
plan includes a description of the positive behavioral interventions
to be utilized which accomplishes the following:
   (A) Assesses the appropriateness of positive interventions.
   (B) Assures the pupil's physical freedom, social interaction, and
individual choices.
   (C) Respects the pupil's human dignity and personal privacy.
   (D) Assures the pupil's placement in the least restrictive
environment.
   (E) Includes the method of measuring the effectiveness of the
interventions.
   (F) Includes a timeline for the regular and frequent review of the
pupil's progress.
   (3) Specify standards governing the application of restrictive
behavioral interventions in the case of emergencies. These
emergencies must pose a clear and present danger of serious physical
harm to the pupil or others. These standards shall include:
   (A) The definition of an emergency.
   (B) The types of behavioral interventions that may be utilized in
an emergency.
   (C) The duration of the intervention which shall not be longer
than is necessary to contain the dangerous behavior.
   (D) A process and timeline for the convening of an individual
education plan meeting to evaluate the application of the emergency
intervention and adjust the pupil's individual education plan in a
manner designed to reduce or eliminate the negative behavior through
positive programming.
   (E) A process for reporting annually to the State Department of
Education and the Advisory Commission on Special Education the number
of emergency interventions applied under this chapter.

56524.  The superintendent shall explore with representatives of
institutions of higher education and the Commission on Teacher
Credentialing, the current training requirements for teachers to
ensure that sufficient training is available in appropriate
behavioral interventions for people entering the field of education.

56525.  (a) A person recognized by the national Behavior Analyst
Certification Board as a Board Certified Behavior Analyst qualifies
as a behavioral intervention case manager of a district, special
education local plan area, or county office and may conduct behavior
assessments and provide behavioral intervention services for
individuals with exceptional needs.
   (b) This section does not require a district, special education
local plan area, or county office to use a Board Certified Behavior
Analyst as a behavioral intervention case manager.