The Hughes Bill (A.B. 2586)
Behavioral intervention for special education students
This legislation deals with the behavior interventions that can be used with students receiving special education who have difficulties conforming to acceptable behavior patterns. It requires that when behavioral interventions are used that they are administered in a manner that respects human dignity and personal privacy, and that ensures a pupil's right to placement in the least restrictive environment.
It applies to students who are exhibiting serious behavior problems, defined as:
Or a behavioral emergency, defined as:
In such cases, a Functional Behavior Analysis Assessment must be conducted by, or under the supervision of, a personal qualified in Behavior Intervention. A Behavior Intervention Plan is developed, if needed, based on the assessment to address identified behaviors in a positive way. It follows IEP procedures and timelines, except in cases of behavioral emergency when the administrator has 24 hours to notify the parents and write a Behavior Emergency Report, and two days to convene the IEP team to determine the need for a full functional behavior assessment.
IDEA 97 contains new provisions for addressing behaviors early on. Please see the IEP section of this manual.
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