200 R.I. Code R. 200-RICR-20-30-2.2

Current through December 3, 2024

Section 200-RICR-20-30-2.2 - Definitions

A. For the purposes of these Rules and Regulations, the following terms shall have the following meaning:

1. "Antecedent" means a preceding circumstance, event, object or phenomenon which may trigger a particular behavior or chain of behaviors.

2. "Aversive interventions/strategies" means the specific strategies set forth in R.I. Gen. Laws § 40.1-26-4.1, including but not limited to the following:

a. Noxious, painful, intrusive stimuli or activities that result in pain;

b. Any form of noxious, painful or intrusive spray or inhalant;

c. Electric shock;

d. Water spray to the face;

e. Pinches and deep muscle squeezes;

f. Shouting, screaming or using a loud, sharp, harsh voice to frighten or threaten or the use of obscene language;

g. Withholding adequate sleep;

h. Withholding adequate shelter or bedding;

i. Withholding bathroom facilities;

j. Withholding meals, essential nutrition or hydration;

k. Removal of an individual's personal property as punishment;

l. Unobserved time-out or room/area solely used for time out;

m. Facial or auditory screening devices; and

n. Use of chemical restraints instead of positive programs or medical treatments.

3. "Behavioral analysis" means a functional analysis with the addition of operationally defining a target behaviors and the grouping of behaviors for an intervention plan.

4. "Behavior intervention plan" means a plan, developed by a team, that delineates emotional, social and/or behavioral goals for a student and the steps that the school, student, parent and/or others will take to positively support the student's progress toward those goals. A Behavior Intervention Plan is comprised of practical and specific strategies to increase or reduce defined behaviors or a pattern of behavior exhibited by a student. A Behavior Intervention Plan includes the following:

a. Definition of the behavior in specific, measurable terms.

b. A plan for prevention of the behavior by changing some of the who, what, when, and where information from the Functional Behavioral Assessment (FBA).

c. A plan to teach the student new ways to meet his or her needs.

d. A description of how to react to the student's behavior in a way that will reinforce appropriate behavior.

e. A plan for how to manage a crisis situation.

f. A data collection, analysis and evaluation system.

g. Timelines for review.

5. "Behavioral momentum" means the speed or force of behavior in a behavior chain, often beginning with an antecedent.

6. "Corporal punishment" means the infliction of bodily pain as a penalty for disapproved behavior.

a. Corporal punishment as defined shall not be used in public education programs.

7. "De-escalation" means withdrawal or presentation of stimulus to a situation which causes it to become more controlled, calm and less dangerous.

8. "Environmental engineering" means the arrangement or manipulation of the physical environment and stimuli in order to facilitate more appropriate behavioral responses.

9. "Escalation" means the withdrawal or presentation of new stimulus to a situation which causes it to become more out of control and potentially dangerous.

10. "Forceful physical guidance" means an inappropriate response to a child's perceived misbehavior that consists of an adult/supervisory person physically forcing to engage in the desired behavior or to comply with a directive.

11. "Functional behavioral analysis" means the evaluation of behavioral assessment information that occurs at specific points in time. The analysis provides the information necessary to develop a behavior intervention plan.

12. "Functional behavioral assessment" means an ongoing process for gathering information that can be used to hypothesize about the function of student behavior. The components of the process are as follows:

a. Define/describe behavior

b. Gather information

c. Identify when, where and under what circumstances does the behavior occur

d. Identify the consequences that maintain the behavior

e. Develop a theory as to the functional intent of the behavior

13. "IDEA" means the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.; 34 C.F.R. § 300.1 et seq.

14. "IEP" or "Individualized Education Program" means a written statement for a child with a disability that is developed, reviewed, and revised in a meeting in accordance with Rhode Island Regulations Governing The Education Of Children With Disabilities (Part 1 of this Subchapter).

15. "Instructional physical guidance" means a teaching technique that involves physical contact between the adult/supervisory person and the child. This enables the child to learn or model the physical movement necessary for the development of the desired competency, such as using hand over hand guidance in instructing a child in writing technique.

16. "Mechanical restraint" means the use of devices such as mittens, straps, or restraint chairs to limit a person's movement or hold a person immobile as an intervention precipitated by the person's behavior. Mechanical restraint applies to uses intended to prevent injury with persons who engage in behaviors such as head-banging, gouging, or other self-injurious actions that result in tissue damage and medical problems. Mechanical restraint does not apply to restraint used to treat a person's medical needs or to position a person with physical disabilities.

17. "Misting" means the release of noxious, toxic or otherwise unpleasant sprays, mists or substances in proximity to the child's face.

18. "Negative practice overcorrection" means having a child repeat an activity/task with an arbitrarily selected frequency, such as requiring a child write a classroom rule on the chalkboard 100 times.

19. "Parental consent" means that:

a. the parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language or other mode of communication;

b. the parent understands and agrees in writing to the carrying out of the activity for which his/her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and

c. the parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time.

20. "Physical restraint/crisis intervention" means:

a. "Manual restraint" means the use of physical intervention intended to hold a person immobile or limit a person's movement by using body contact as the only source of physical restraint. Prone restraint is a type of manual restraint or hold that limits or controls the movement or normal functioning of any portion, or all, of a person's body while the person is in a face-down position, but does not include the temporary controlling of a person in a prone position while transitioning to an alternative, safer form of restraint.

b. "Seclusion restraint" means physically confining a student alone in a room or limited space without access to school staff. The use of "time out" procedures during which a staff member remains accessible to the student shall not be considered "seclusion restraint." The use of seclusion restraint is prohibited in public education programs.

c. "Chemical restraint' means the administration of medication for the purpose of restraint. The use of medication restraint is prohibited in public education programs.

21. "Positive behavioral supports" means a set of practices used to organize teaching and learning environments and experiences for students which facilitate the student's successful self-awareness, self-management, engagement with others and with the learning process.

22. "Redirection" encompasses a number of techniques which serve to:

a. Divert the student from an unwanted task or a problematic behavior.

b. Return the student to a more desirable task or more appropriate behavior. Redirection occurs without the coercion of negative consequences. Among these techniques are: Proximity, Cueing, Regrouping, Restructuring, Diversions, Hurdle Help.

23. "Satiation" means the repetition of a task/activity/behavior to the point that a person is unable to perform the task even one more time.

24. "Seclusion" means placing a child alone in a locked room without supervision. Such action is strictly prohibited in Rhode Island.

25. "Section 504 of The Rehabilitation Act of 1973" means the Civil Rights law prohibiting discrimination against individuals with disabilities from federally assisted programs or activities.

26. "Self management" means the monitoring, regulation, care, guidance and treatment of one's own behavior.

27. "Timeout" means a Punishment (Type II) procedure in which access to reinforcement is withdrawn for a certain period of time.

a. Isolation "from the group" - Reinforcement is withdrawn and the student remains in a separate room or booth for a certain period of time. The small room or booth may or may not have a door.

28. "Zero tolerance" means (as defined by state policy) the purpose is to provide a school environment that is conducive to learning. The underlying belief of this policy is that all children have the right to be educated in a safe and nurturing environment. Therefore, each school system shall adopt a policy of zero tolerance for weapons, violence and illegal drugs in schools. Any student found to be in possession of a weapon, or involved in an aggravated assault as defined herein, will immediately be suspended in accordance with applicable due process provisions. During this suspension, the school district will take the necessary steps in determining any additional action to be taken, which may include long-term suspension. Zero tolerance policies cannot supersede other Federal and State Regulations, such as the Individuals with Disabilities Act (IDEA), Section 504 of the Rehabilitation Act of 1973, and Rhode Island Regulations Governing The Education Of Children With Disabilities (Part 1 of this Subchapter).

200 R.I. Code R. 200-RICR-20-30-2.2