Virginia Administrative Code › Title 8 - EDUCATION › Agency 20 - STATE BOARD OF EDUCATION › Chapter 750 - REGULATIONS GOVERNING THE USE OF SECLUSION AND RESTRAINT IN PUBLIC ELEMENTARY AND SECONDARY SCHOOLS IN VIRGINIA › Section 8VAC20-750-80 - Prevention; multiple uses of restraint or seclusion

Current through Register Vol. 40, No. 24, July 15, 2024
A. In the initial development and subsequent
				review and revision of a student's IEP or Section 504 plan, the student's IEP
				or Section 504 team shall consider whether the student displays behaviors that
				are likely to result in the use of physical restraint or seclusion. If the IEP
				or Section 504 team determines that future use is likely, the team shall
				consider, among other things, the need for (i) an FBA; (ii) a new or revised
				BIP that addresses the underlying causes or purposes of the behaviors as well
				as de-escalation strategies, conflict prevention, and positive behavioral
				interventions; (iii) any new or revised behavioral goals; and (iv) any
				additional evaluations or reevaluations.
Within 10 school days following the second school day in a
				  single school year on which an incident of physical restraint or seclusion has
				  occurred, the student's IEP or Section 504 team shall meet to discuss the
				  incident and to consider, among other things, the need for (i) an FBA; (ii) a
				  new or revised BIP that addresses the underlying causes or purposes of the
				  behaviors as well as de-escalation strategies, conflict prevention, and
				  positive behavioral interventions; (iii) any new or revised behavioral goals;
				  and (iv) any additional evaluations or reevaluations.
B. For students other than those described in
				subsection A of this section, within 10 school days of the second school day in
				a single school year on which an incident of physical restraint or seclusion
				has occurred, a team consisting of the parent, the principal or the principal's
				designee, a teacher of the student, school personnel involved in the incident
				(if not the teacher or administrator already invited), and other appropriate
				school personnel, such as a school psychologist, school counselor, or school
				resource officer, as determined by the school division, shall meet to discuss
				the incident and to consider, among other things, the need for (i) an FBA; (ii)
				a new or revised BIP that addresses the underlying causes or purposes of the
				behaviors as well as de-escalation strategies, conflict prevention, and
				positive behavioral interventions; and (iii) a referral for
				evaluation.
C. Nothing in this
				section shall be construed to (i) excuse the team convened under subsection B
				of this section or its individual members from the obligation to refer the
				student for evaluation if the team or members have reason to suspect that the
				student may be a student with a disability; or (ii) prohibit the completion of
				an FBA or BIP for any student, with or without a disability, who might benefit
				from these measures but whose behavior has resulted in fewer than two incidents
				of physical restraint or seclusion in a single school year.
Statutory Authority: §
											22.1-16
					 of the Code of Virginia.