BICM Certification Training

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BICM Certification Training
The Legal Framework
November 12, 2002 San Mateo County SELPA 900
a.m. - 1100 a.m.

• Presented by
• Pamela Ptacek
• SELPA Administrator
• Judith Holiber
• Deputy County Counsel

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Agenda

• 900 - 915 Welcome, Introduction and Outcomes
• 915 - 925 Legal Basis
• 925 - 940 Definitions
• 940 - 1000 Functional Analysis Assessments
• 1000 - 1020 Behavioral Intervention Plan
• 1020 - 1025 Functional Analysis Assessment vs
  Functional Behavioral Analysis
• 1025-1030 San Mateo County SELPA Policy
• 1030 - 1100 Questions Answers
• 1100 Adjourn

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OUTCOMES

• Participants will develop a knowledge of
• Components of the Hughes Bill
• Definitions and Behavior Related Terms
• Difference between a Functional Behavioral
  Assessment vs a Functional Analysis Assessment
• Difference between a Behavior Support Plan (BSP)
  vs a Behavior Intervention Plan( BIP)

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The Legal Basis for the Hughes Bill
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30 EC 56520 - Behavioral InterventionsLegislative
Findings, Declarations and Intent

• The State has sought
• To provide an appropriate and meaningful
  educational program
• in a safe and healthy environment
• for all children regardless of possible physical,
  mental, or emotionally disabling conditions
• Teacher training
• to provide positive interventions for working
  with children with serious behaviors
• to provide an environment in which learning can
  occur
• That elimination of maladaptive behaviors shall
  not include those
• deemed unacceptable under Section 49001
• that cause pain or trauma

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Legislative Intent

• Behavioral Interventions should
• consider pupil's physical freedom and social
  interaction
• be respectful of human dignity and personal
  privacy
• ensure a pupil's right to placement in the least
  restrictive educational environment.

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Definitions Behavior Support Plan

• A highly effective positive intervention strategy
  used
• when behavior impedes learning of the student or
  peers (IDEA)
• when behavioral goals/objectives in the IEP are
  not enough
• when behavioral/instructional approaches
  specified in the IEP are needed
• prior to a Functional Analysis Assessment (FAA)
• Presently not found in legal citations but
  regarded as a best practice.

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Definitions Behavioral Emergency

• The demonstration of a serious behavior problem
  
• has not previously been observed and
• a behavioral intervention plan has not been
  developed, or
• a previously designed behavioral intervention is
  not effective.

Approved behavioral emergency procedures must be
outlined in the special education local planning
area (SELPA) local plan.
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Definitions Behavioral Intervention

• Systematic implementation resulting in
• Lasting positive changes in the individual's
  behavior
• The design, implementation, and evaluation of
  behavior instruction and environmental
  modifications that
• produce improvement in human behavior through
  skill acquisition
• reduce problematic behavior
• Behavioral interventions
• provide access to community settings, social
  contacts and public events
• ensure the individual's right to placement in the
  L.R.E.
• do not include procedures which cause pain or
  trauma
• respect the individual's human dignity and
  personal privacy
• assure the individual's physical freedom, social
  interaction, and individual choice.

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Definitions Behavioral Intervention Case
Manager

• Behavioral Intervention Case Manager (BICM) is
• a designated certificated school staff member(s)
  or
• other qualified personnel contracted by the
  school district or county office
• trained in behavior analysis with an emphasis on
  positive behavioral interventions
• not intended to be a new staffing requirement
• an existing staff member including, but not
  limited to, a teacher, resource specialist,
  school psychologist, or program specialist.

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Definitions Behavioral Intervention Plan

• A Behavioral Intervention Plan (BIP)
• is a written document developed when the
  individual exhibits a serious behavior problem
• shall become part of the IEP and
• describes the level of support to be provided by
  the BICM to staff/parents responsible for
  implementing the plan.

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Definitions Behavioral Intervention Plan

• A Behavioral Intervention Plan (BIP) must
  include
• a summary of information from a Functional
  Analysis Assessment
• an objective/measurable description of
• targeted maladaptive behavior(s)
• replacement positive behavior(s)
• goals/objectives specific to the behavioral
  intervention plan
• description of the behavioral interventions to be
  used and circumstances for their use
• schedules for
• recording frequency and use of interventions and
  targeted replacement behaviors
• criteria for discontinuing use of intervention if
  ineffective or
• identified and specified alternative interventions

• Criteria for fading/phasing out the procedures or
  lowering the intensity/frequency
• Behavioral interventions to be used in the home,
  residential facility, work site or other
  non-educational setting
• Specific dates for review by the IEP team

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Definitions Serious Behavior Problem

• Behaviors which are self-injurious, assaultive,
  or cause serious property damage
• Behaviors that are pervasive and maladaptive and
• Instructional/behavioral approaches specified in
  the students IEP are found to be ineffective

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Functional Analysis Assessment

• Conducted/supervised by a person with documented
  training in behavior analysis
• Occur after IEP team finds that
  instructional/behavioral approaches in existing
  IEP have been ineffective
• Nothing in this section shall preclude
  parent/guardian from requesting a FAA pursuant to
  EC 56320.

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Functional Analysis Assessment

• Personnel gather information from
• Direct observation
• Interviews with significant others
• Review of available data
• Parent notice and consent shall be obtained
  pursuant to EC 56321.

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FAA Procedures

• Systematic observation of
• occurrence of targeted behavior (frequency,
  duration, intensity)
• immediate antecedent events associated with
  display of inappropriate behavior
• consequences following display of behavior to
  determine function the behavior serves the
  individual

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FAA Procedures

• Ecological analysis of settings where behavior
  occurs most frequently.
• Physical setting
• Social setting
• Nature of instructional activities
• Scheduling
• Quality of communication between individual
  ,staff, students
• Degree of independence
• Degree of participation
• Amount and quality of social interaction
• Degree of choice
• Variety of activities

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FAA Procedures

• Review of records for health, medical factors
  which may influence behavior
• Review of behavior history including previously
  used behavioral interventions

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FAA Reports

• Describe nature and severity of targeted
  behavior(s) in objective and measurable terms
• Describe targeted behavior(s) that include
• baseline data
• analysis of antecedents and consequences that
  maintain the targeted behavior
• functional analysis of the behavior across
  settings in which it occurs
• description of rate of alternative behaviors,
  their antecedents and consequences
• recommendations for consideration by IEP team
  which may include a proposed plan as specified in
  5 CCR 3052 section 3001(f)

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IEP Team Meeting

• To review FAA results
• To develop behavioral intervention
• IEP team shall include Behavioral Intervention
  Case Manager
• Behavior Intervention Plan provides sufficient
  detail for implementation of plan

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Behavioral Intervention Plans
General Provisions
1) Assessment, intervention, and evaluation
activities are facilitated and supervised by IEP
team. During BIP development, IEP team shall be
expanded to include

• BICM with documented training in behavior
  analysis including positive behavioral
  intervention(s).
• qualified personnel knowledgeable of the
  student's health needs.
• others as described in Education Code Section
  56341(c)(2).
• the BICM is not intended to be a new staff person
  and may be an existing staff member trained in
  behavior analysis with an emphasis on positive
  behavioral interventions.

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Behavioral Intervention Plans

• 2) BIPs
• Shall only be implemented by, or be under the
  supervision of, staff with documented training in
  behavior analysis
• Documented training includes the use of positive
  behavioral interventions
• Interventions shall only be used to replace
  specified maladaptive behavior(s) with
  alternative acceptable behavior(s)
• Interventions shall never be used solely to
  eliminate maladaptive behavior(s)

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Behavioral Intervention Plans

• 3) BIPs shall be
• Based upon a Functional Analysis Assessment
• Specified in IEP
• Used only in a systematic manner

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Behavioral Intervention Plans

• 4) Behavioral emergency interventions shall not
  be used as a substitute for behavioral
  intervention plans.

5) Maladaptive behavior elimination does not
include the use of intrusive behavioral
interventions that cause pain or trauma.
6) BIPs shall be developed and implemented
consistent to individuals life settings.
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Intervention

• Positive programming for behavioral intervention
  may include
• Altering the identified antecedent event to
  prevent occurrence of behavior
• Teaching alternative behaviors that produce same
  consequences as the inappropriate behavior
• Teaching adaptive behaviors
• Manipulating consequences for inappropriate
  behaviors and alternative, acceptable behaviors

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Acceptable Responses

• When targeted behavior(s) occurs, positive
  response options include one or more of the
  following
• Behavior is ignored, but not the individual
• Individual is verbally or verbally and physically
  redirected to an activity
• Individual is provided with feedback
• Message of behavior is acknowledged
• Brief, physical prompt is provided to interrupt
  or prevent aggression, self-abuse, or property
  destruction

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Evaluation of Behavioral Intervention Plan
Effectiveness

• Baseline
• Measure of frequency, duration, and intensity of
  the targeted behavior is taken during FAA
• Data is taken across activities, settings,
  people, and times of day
• Data shall be used as a standard against which to
  evaluate intervention effectiveness

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Evaluation of Behavioral Intervention Plan
Effectiveness

• Measures of frequency, duration, and intensity at
  scheduled intervals shall be taken after the
  behavioral intervention plan is conducted or
  determined by IEP team.
• They should be taken across activities,
  settings, people, and times of day
• They may record data in terms of time spent
  acting appropriately vs that spent
  inappropriately

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Evaluation of Behavioral Intervention Plan
Effectiveness

• Includes documentation of program implementation
  as specified in BIP
• Measures will be reviewed by teacher, BICM,
  parent or care provider and others as appropriate
  at scheduled intervals
• Review may be conducted in meetings, by
  telephone conference or other means agreed upon
  by IEP team

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Evaluation of Behavioral Intervention Plan
Effectiveness

• If the IEP team determines that changes are
  necessary to increase program effectiveness,
  teacher and BICM shall conduct additional FAAs
  and, based on outcomes, propose changes in BIP.

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Modifications Without IEP Team Meeting

• Minor changes can be made by BICM and parent or
  parent representative
• If BICM unavailable, by qualified designee
• Include minor changes in BIP once parent/parent
  representative is notified of need and reviews
  existing program evaluation data prior to use of
  new modification
• Parent has right to question any modification to
  BIP through IEP procedure

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Contingency Behavioral Intervention Plans

• Process to develop contingency BIPs may be
  included in initial BIP
• Process may occur without convening IEP team if
  delineated in IEP
• Personnel responsible for implementation in other
  sites must be notified and consulted prior to
  change

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Emergency Interventions

• Temporary application of a technique used to
  contain a serious behavior that
• poses danger of serious physical harm to self or
  others
• cant be prevented by a less restrictive response
• Shall not be used as a substitute for the
  Behavioral Intervention Plan
• Must be approved by the SELPA
• Should not be employed longer than to contain the
  behavior
• for prolonged use staff must seek assistance of
  school site administrator or law enforcement
  agency

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Emergency Interventions May Not Include

• Locked seclusion
• Any device, material or object which immobilizes
  all four extremities at one time
• prone containment may be used as emergency
  intervention by trained staff
• Force that exceeds reasonable necessary under
  the circumstances

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Behavior Emergency Report

• To prevent emergency interventions being used in
  lieu of planned behavioral interventions, parents
  must be notified within one school day when
• an emergency intervention is used
• serious property damage ensues
• A Behavioral Emergency Report must include
• name and age of individual
• setting and location of the incident
• name(s) of staff and/or others involved
• description of the incident and emergency
  intervention used
• include if student currently has a behavioral
  intervention plan
• details of any injuries sustained from the
  incident

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Behavior Emergency Report

• If a report is filed on a student without a
  behavioral intervention plan the designated
  administrator must schedule an IEP meeting to
• Review emergency report
• Determine necessity for a functional analysis
  assessment
• Determine necessity for an interim intervention
  plan
• The IEP team must document
• Reasons for not conducting assessment
• Reasons for not developing an interim plan

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Behavior Emergency Report

• A Behavior Emergency Report for an individual
  with a behavioral intervention plan should be
  referred to the IEP team if
• incident involves an unseen serious behavior
  problem or
• a previously designed intervention is not
  effective
• The IEP team should review and determine if the
  incident constitutes a need to modify the plan.

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Prohibitions

• No public education agency, or nonpublic school
  or agency serving individuals pursuant to EC
  Section 56365 et seq., may authorize, order,
  consent to, or pay for any of the following
  interventions, or any other interventions similar
  to or like the following

1) Any intervention that is designed to, or
likely to, cause physical pain
2) Releasing noxious, toxic or otherwise
unpleasant sprays, mists, or substances in
proximity to the individuals face
3) Any intervention which denies adequate sleep,
food, water, shelter, bedding, physical comfort,
or access to bathroom facilities
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Prohibitions(continued)
4) Any intervention which is designed used or
likely to subject the individual to verbal abuse,
ridicule or humiliation, or which can be expected
to cause excessive emotional trauma
5) Restrictive interventions which employ a
device, material or objects that simultaneously
immobilize all four extremities. This includes
procedure known as prone containment, except that
prone containment or similar techniques may be
used by trained personnel as limited emergency
intervention pursuant to 5 CCR 3052 subsection
(i)
6) Locked seclusion, except pursuant to 5 CCR
3052 subsection (i)(4)(A)
7) Any intervention that precludes adequate
supervision of the individual
8) Any intervention which deprives the individual
of one or more of his or her senses
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Due Process Hearings
Functional Analysis Assessments and the
development and implementation of Behavioral
Intervention Plans are subject to due process
hearing procedures.

• No hearing officer may order implementation of a
  behavioral intervention that is otherwise
  prohibited by

• EC Section 56505
• SELPA Policy
• Any other applicable statute or regulation

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FAACalifornia Law
FBAFederal Law
VS

• When a student has a serious behavior problem

• Whenever IEP team determines behavior impedes
  his or her learning or that of others

• Not required to exhibit a serious behavior
  problem

Student v. Anaheim Union School South Pasadena
Unified School District SN00-2290, (CSEHO
2000) District v. Student, SN01-1414 (CSEHO 2001)
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San Mateo County SELPA Positive Behavioral
Interventions Policy

• All children are provided educational
  opportunities that promote the development of
  each students potential in a safe and healthy
  environment

• To ensure the rights of students with
  disabilities to have educational programs that
  provide for continuing growth and development in
  an atmosphere that respects their dignity and
  personal privacy.

• Student patterns of pervasive and maladaptive
  behaviors which significantly hinder development
  and require systematic and frequent application
  of behavioral intervention shall be addressed by
  trained and qualified education staff taking into
  consideration the students physical freedom and
  social interaction.

• Behavioral intervention strategies shall be
  developed which promote sustained positive
  changes. No intervention method shall be
  employed that causes pain or trauma. When
  writing behavior intervention plans, each IEP
  team shall include practices and procedures which
  motivate and support positive ways of working
  with students with disabilities.

References California Education Code 56520 -
56524 California Code of Regulations 3001, 3052