Pennsylvania Code › Title 22 - EDUCATION › Part XX - Charter Schools › Chapter 711 - CHARTER SCHOOL AND CYBER CHARTER SCHOOL SERVICES AND PROGRAMS FOR CHILDREN WITH DISABILITIES › IEP › Section 711.46 - Positive behavior support

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Positive rather than negative measures shall form the basis of positive
				  behavior support programs to ensure that all students shall be free from
				  demeaning treatment, the use of aversive techniques and the unreasonable use of
				  restraints. 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. Behavior support
				  programs and plans shall be based on a functional assessment of behavior 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. The use of restraints is considered a
				  measure of last resort, only to be used after other less restrictive measures,
				  including deescalation techniques in accordance with subsection
				  (c)(2).
(b) Notwithstanding the
				  requirements incorporated by reference in
				  34 CFR
				  300.34,
				  300.324,
				  300.530 (relating to related
				  services; development, review, and revision of IEP; and authority of school
				  personnel), with regard to a child's behavior, the following words and terms,
				  when used in this section, have the following meanings, unless the context
				  clearly indicates otherwise:
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 buses, and functional positioning devices are examples of
				  mechanical restraints which are excluded from this definition, and governed by
				  subsection (d).