Positive Behavioral Support Policy
HOPE for Hyndman Charter School
130 School Drive
Hyndman, PA 15545
Board of Trustees Policy
Positive Behavioral Support Policy and Procedures
In accordance with applicable state regulations, including Title 22 Pa. Code Chapter 711.46, HOPE for Hyndman Charter School’s (“Charter School”) Board of Trustees has established this policy to effectuate a program of positive behavior support at Charter School. Some procedures have been included.
DEFINITIONS:
Aversive techniques--Deliberate activities designed to establish a negative association with a specific behavior.
Positive behavior support plan--A plan for students with disabilities who require specific intervention to address behavior that interferes with learning. A positive behavior support plan shall be developed by the IEP team, be based on a functional behavior assessment and become part of the student's IEP. These plans include methods that utilize positive reinforcement and other positive techniques to shape a student's behavior, ranging from the use of positive verbal statements as a reward for good behavior to specific tangible rewards.
Restraints—
(i) The application of physical force, with or without the use of a device, for the purpose of restraining the free movement of a student's body. The term does not include briefly holding, without force, a student to calm or comfort him, guiding a
student to an appropriate activity, or holding a student's hand to safely escort him from one area to another.
(ii) Excluded from this definition are hand-over-hand assistance with feeding or task completion and techniques prescribed by a qualified medical professional for reasons of safety or for therapeutic or medical treatment, as agreed to by the student's parents and specified in the IEP. Devices used for physical or occupational therapy, seatbelts in wheel chairs or on toilets used for balance and safety, safety harnesses in
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buses, and functional positioning devices are examples of mechanical restraints which are excluded from this definition.
POSITIVE BEHAVIOR SUPPORT:
Positive rather than negative measures shall form the basis of positive behavior support programs to ensure that all of Charter School’s students shall be free from demeaning treatment, the use of aversive techniques and the unreasonable use of restraints.
Positive techniques required for the development, change and maintenance of behavior shall be the least intrusive necessary.
RESEARCH-BASED PRACTICES:
Behavior support programs must include research based practices and techniques to develop and maintain skills that will enhance an individual student's opportunity for learning and self-fulfillment.
FUNCTIONAL BEHAVIOR ASSESSMENT:
Behavior support programs and plans shall be based on a functional assessment of behavior (“FBA”) and utilize positive behavior techniques. When an intervention is needed to address problem behavior, the types of intervention chosen for a particular student must be the least intrusive necessary.
RESTRAINTS:
The use of restraints is considered a measure of last resort, only to be used after other less restrictive measures, including de-escalation techniques.
Restraints to control acute or episodic aggressive or self-injurious behavior may be used only when the student is acting in a manner as to be a clear and present danger to himself, to other students or to employees, and only when less restrictive measures and techniques have proven to be or are less effective.
NOTIFICATION OF USE OF RESTRAINT AND PROCEDURES:
The use of restraints to control the aggressive behavior of an individual student shall cause Charter School to notify the parent of the use of restraint and shall cause a meeting of the IEP team within 10 school days of the inappropriate behavior causing the use of restraints in order to review the effectiveness and appropriateness of the
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current IEP, unless the parent, after written notice, agrees in writing to waive the meeting. At this meeting, the IEP team shall consider whether the student needs a functional behavioral assessment, reevaluation, a new or revised positive behavior support plan or a change of placement to address the inappropriate behavior.
INCLUSION OF USE OF RESTRAINTS IN A STUDENT’S IEP:
The use of restraints may only be included in a student's IEP when:
(i) Utilized with specific component elements of positive behavior support. (ii) Used in conjunction with the teaching of socially acceptable alternative
skills to replace problem behavior.
(iii) Staff are authorized to use the procedure and have received the staff training required.
(iv) There is a plan in place for eliminating the use of restraint through application of positive behavior support.
The use of restraints may not be included in the IEP for the convenience of staff, as a substitute for an educational program or employed as punishment.
PROHIBITION AGAINST PRONE RESTRAINTS:
The use of prone restraints is prohibited in educational programs. Prone restraints are those in which a student is held face down on the floor.
RESTRAINT REPORTING AND PROCEDURES:
Charter School shall maintain and report data on the use of restraints as prescribed by the Secretary of the Department of Education. The report is subject to review during cyclical compliance monitoring conducted by the Department.
MECHANICAL RESTRAINTS:
Mechanical restraints, which are used to control involuntary movement or lack of muscular control of students when due to organic causes or conditions, may be employed only when specified by an IEP and as determined by a medical professional qualified to make the determination, and as agreed to by the student's parents. Mechanical restraints must prevent a student from injuring himself or others or promote normative body positioning and physical functioning.
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PROHIBITION AGAINST AVERSIVE TECHNIQUES:
The following aversive techniques of handling behavior are considered inappropriate and shall not be used in educational programs:
(1) Corporal punishment.
(2) Punishment for a manifestation of a student's disability.
(3) Locked rooms, locked boxes or other locked structures or spaces from which the student cannot readily exit.
(4) Noxious substances.
(5) Deprivation of basic human rights, such as withholding meals, water or fresh air.
(6) Suspensions constituting a pattern. (7) Treatment of a demeaning nature.
(8) Electric shock.
TRAINING OF PERSONNEL
The Board of Trustees hereby directs that school personnel be trained each school year on the general use of positive behavior support, de-escalation techniques, and emergency responses.
In addition to general positive behavior support training, when students are identified as in need of these supports, individual teachers and teacher groups are notified and trained accordingly so that they can act in accordance with the student's specific Positive Behavior Support Plan and de-escalation techniques, and respond appropriately in emergencies.
Per guidance from the Pennsylvania Department of Education, the core training components the positive support plan and de-escalation (restraint reduction) staff trainings should include:
• The growing concern and potential legal issues surrounding physical
restraints;
• How to create a commitment to the reduction of the use of physical
restraints;
• Creating a safe environment where positive rather than negative
measures form the basis of behavior management programs;
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• How staff can avoid taking conflict personally; avoiding power
struggles;
• Prevention of problem behaviors through a system of recognition of signs of anxiety and distress in students and staff;
• Identification of the phases of crisis events and matching behaviors to
interventions;
• Demonstration and modeling of the de-escalation techniques and other alternatives to physical restraint;
• Effective positive behavior support plans that include methods of utilizing positive reinforcement and other positive techniques to shape replacement behavior(s);
• Research-based practices that develop and maintain replacement behaviors that enhance student learning and skills for life;
• Risks associated with the use of physical interventions including the signs of physical distress, positional asphyxiation, and the psychological effects of restraint;
• Safe techniques for the use of physical restraints (prone restraints
prohibited);
• Documentation of the incident and compliance with notification
procedures; and
• Post intervention debriefing with student and staff.
REPORTING
Administration is directed to write internal procedures that detail who is responsible for reporting restraints, who is responsible for notifying key administrators regarding the use of a restraint, and who is responsible for entering restraints in any PDE system to reporting on the use of restraints. Administration is further directed to comply with PDE guidelines regarding the reporting of the use of restraints.
Staff trained and/or certified in a program of positive behavioral supports and de-escalation techniques, and safe physical management techniques will be designated as the individuals to intervene in crisis management situations that might require
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restraint of a student. Physical interventions should only be undertaken by staff persons who have successfully completed a comprehensive crisis management course that covers: crisis definition and theory; the use of de-escalation techniques; crisis communication; anger management; passive physical intervention techniques; the legal, ethical, and policy aspects of physical intervention use; decision making related to physical interventions and debriefing strategies.
Parental notification should occur within one school day of a restraint incident unless other procedures are written in the student’s IEP.
Any restraint that results in an injury to a student and/or staff person must be reported to the Chief Executive Officer (“CEO”) who will comply with any requirement to report the injury to the Bureau of Special Education.
ADDITIONAL REQUIREMENTS AND ADMINISTRATIVE PROCEDURES
The CEO or her designee is directed to ensure that behavior support programs administered at Charter School are in accordance with Title 22 Pa. Code Chapter 711, including the training of personnel for the use of specific procedures, methods and techniques, and for having written procedures on the use of behavior support techniques and obtaining parental consent prior to the use of restrictive or intrusive procedures or restraints.
The CEO or her designee may convene a review, upon Board approval, including the use of human rights committees, to oversee the use of restrictive or intrusive procedures or restraints; only to the extent the use of such procedures is allowed by law and this policy.
The CEO or her designee is further directed to make professional development opportunities provided by the Bureau of Special Education available to train staff regarding Positive Behavior Support.
The CEO or her designee is charged with using the most updated forms available through the Bureau of Special Education related to positive behavior support, including the use of any forms promulgated for functional behavior assessments and behavior support plans.
REFERRALS TO LAW ENFORCEMENT
Subsequent to a referral to law enforcement, for a student with a disability who has a positive behavior support plan, an updated functional behavior assessment and positive behavior support plan shall be required.
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TO THE EXTENT THAT ANYTHING IN THIS POLICY COULD BE CONSTRUED TO CONFLICT WITH THE SCHOOL’S CHARTER OR APPLICABLE STATE AND/OR FEDERAL LAWS, THE APPLICABLE STATE AND/OR FEDERAL LAWS AND/OR CHARTER CONTROL.
ADOPTED this__________ day of_______________________ , 2012
President
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Secretary
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