Section Ed 1114.07 - Behavioral Interventions(a) Positive behavioral interventions based on the results of a behavioral assessment shall serve as the foundation of any program used to address the behavioral needs of students.(b) Each private facility or other non-district program shall have a written statement of the policies and procedures followed by the program in managing student behavior. This statement shall be provided to the sending LEA and the parent at the time each child with a disability becomes enrolled in the program, at the time of the annual review of the child's educational progress, and any time the facility or non-district program's policies and procedures for managing behavior are revised.(c) A private facility or other non-district program shall not employ any measure which is aversive in nature or which subjects a child with a disability enrolled in that program to humiliation or unsupervised confinement or to abuse or neglect as defined in RSA 169-C, the Child Protection Act, or which deprives the child of basic necessities such as nutrition, clothing, communication, or contact with parents, so as to endanger the child's mental, emotional, or physical health consistent with Ed. 1114.07.(d) Each private facility or other non-district program shall train staff in child management techniques. The program shall administer discipline equitably and with respect and courtesy towards the child.(e) Each private facility or other non-district program shall have a written procedure based on state and federal law concerning the reporting of suspected instances of child abuse.(f) An LEA, or other public agency, private provider of special education or other non-LEA program shall not employ any of the following aversive and deprivation behavioral interventions: (1) Any procedure intended to cause physical pain;(2) Aversive mists, noxious odors, and unpleasant tastes applied by spray or other means to cause an aversive physical sensation;(3) Any non-medical mechanical restraint that physically restricts a student's movement;(4) Contingent food or drink programs;(5) Electrical stimulation;(6) Placement of a child in an unsupervised or unobserved room from which the child cannot exit without assistance; and(7) Physical restraint, unless in response to a threat of imminent, serious, physical harm, pursuant to RSA 126-U.N.H. Admin. Code § Ed 1114.07
(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08
Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10590, Effective 5/15/2014, Expires5/15/2024.Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12141, Effective 3/24/2017, Expires 3/24/2027.