N.Y. Comp. Codes R. & Regs. tit. 8 § 200.22

Current through Register Vol. 46, No. 45, November 2, 2024

Section 200.22 - Program standards for behavioral interventions

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

N.Y. Comp. Codes R. & Regs. Tit. 8 § 200.22

Amended, New York State Register May 14, 2014/Volume XXXVI, Issue 19, eff. 5/14/2014

Amended New York State Register August 2, 2023/Volume XLV, Issue 31, eff. 8/2/2023