SECTIONS 56520-56525 - California Statutes

EDUCATION CODE

SECTION 56520-56525

56520. (a) The Legislature finds and declares all of the following:
(1) That the state has continually 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.
(2) That teachers of children with special needs require training
and guidance that provides positive ways for working successfully
with children who have difficulties conforming to acceptable
behavioral patterns in order to provide an environment in which
learning can occur.
(3) That procedures for the elimination of maladaptive behaviors
shall not include those deemed unacceptable under Section 49001 or
those that cause pain or trauma.
(b) It is the intent of the Legislature:
(1) That when behavioral interventions are used, they be used in
consideration of the pupil's physical freedom and social interaction,
be administered in a manner that respects human dignity and personal
privacy, and that ensure a pupil's right to placement in the least
restrictive educational environment.
(2) That behavioral management plans be developed and used, to the
extent possible, in a consistent manner when the pupil is also the
responsibility of another agency for residential care or related
services.
(3) That a statewide study be conducted of the use of behavioral
interventions with California individuals with exceptional needs
receiving special education and related services.
(4) That training programs be developed and implemented in
institutions of higher education that train teachers and that
in-service training programs be made available as necessary in school
districts and county offices of education to assure that adequately
trained staff are available to work effectively with the behavioral
intervention needs of individuals with exceptional needs.

56521. (a) This chapter applies to any individual with exceptional
needs who is in a public school program, including a state school for
the disabled pursuant to Part 32 (commencing with Section 59000), or
who is placed in a nonpublic school program pursuant to Sections
56365 to 56366.5, inclusive.
(b) The Superintendent of Public Instruction shall monitor and
supervise the implementation of this chapter.

56523. (a) On or before September 1, 1992, the Superintendent shall
develop and the board shall adopt regulations governing the use of
behavioral interventions with individuals with exceptional needs
receiving special education and related services.
(b) This section and the implementing regulations adopted by the
board are declaratory of federal law and deemed necessary to
implement the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.) and associated federal regulations. This
section is intended to provide the clarity, definition, and
specificity necessary for local educational agencies to comply with
the federal Individuals with Disabilities Education Act (20 U.S.C.
Sec. 1400 et seq.). This section, including the implementing state
regulations needed to implement federal law and regulations, shall
not exceed the requirements of federal law, create new or separate
state requirements, or result in a level of state service beyond that
needed to comply with federal law and regulations.
(c) As a condition of receiving funding from the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.), a local educational agency shall agree to adhere to
implementing federal regulations and state regulations set forth in
this section.
(d) The Superintendent may monitor local educational agency
compliance with this section and may take appropriate action,
including fiscal repercussions, if either of the following is found:
(1) The local educational agency failed to comply with this
section and implementing regulations that govern the provision of
special education and related services to individuals with
exceptional needs and failed to comply substantially with corrective
action orders issued by the department resulting from monitoring
findings or complaint investigations.
(2) The local educational agency failed to implement the decision
of a due process hearing officer based on noncompliance with this
part, the state implementing regulations, provisions of the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.), or the federal implementing regulations, wherein noncompliance
resulted in the denial of, or impeded the delivery of, a free
appropriate public education for an individual with exceptional
needs.
(e) Commencing with the 2010-11 fiscal year, if any activities
authorized pursuant to this section and implementing regulations are
found be a state reimbursable mandate pursuant to Section 6 of
Article XIII B of the California Constitution, state funding provided
for purposes of special education pursuant to Item 6110-161-0001 of
Section 2.00 of the annual Budget Act shall first be used to directly
offset any mandated costs.
(f) Contingent on the adoption of a statute in the 2009-10 Regular
Session that adds Section 17570.1 to the Government Code, the
Legislature hereby requests the Department of Finance on or before
December 31, 2010, to exercise its authority pursuant to subdivision
(c) of Section 17570 of the Government Code and file a request with
the Commission on State Mandates for the purpose of seeking the
adoption of a new test claim to supersede CSM-4464 based on
subsequent changes in law that may modify a requirement that the
state reimburse a local government for a state mandate.
(g) The regulations shall do all of the following:
(1) Specify the types of positive behavioral interventions which
may be utilized and specify that interventions which cause pain or
trauma are prohibited.
(2) Require that, if appropriate, the pupil's individual education
plan includes a description of the positive behavioral interventions
to be utilized which accomplishes the following:
(A) Assesses the appropriateness of positive interventions.
(B) Assures the pupil's physical freedom, social interaction, and
individual choices.
(C) Respects the pupil's human dignity and personal privacy.
(D) Assures the pupil's placement in the least restrictive
environment.
(E) Includes the method of measuring the effectiveness of the
interventions.
(F) Includes a timeline for the regular and frequent review of the
pupil's progress.
(3) Specify standards governing the application of restrictive
behavioral interventions in the case of emergencies. These
emergencies must pose a clear and present danger of serious physical
harm to the pupil or others. These standards shall include:
(A) The definition of an emergency.
(B) The types of behavioral interventions that may be utilized in
an emergency.
(C) The duration of the intervention which shall not be longer
than is necessary to contain the dangerous behavior.
(D) A process and timeline for the convening of an individual
education plan meeting to evaluate the application of the emergency
intervention and adjust the pupil's individual education plan in a
manner designed to reduce or eliminate the negative behavior through
positive programming.
(E) A process for reporting annually to the department and the
Advisory Commission on Special Education the number of emergency
interventions applied under this chapter.

56524. The superintendent shall explore with representatives of
institutions of higher education and the Commission on Teacher
Credentialing, the current training requirements for teachers to
ensure that sufficient training is available in appropriate
behavioral interventions for people entering the field of education.

56525. (a) A person recognized by the national Behavior Analyst
Certification Board as a Board Certified Behavior Analyst qualifies
as a behavioral intervention case manager of a district, special
education local plan area, or county office and may conduct behavior
assessments and provide behavioral intervention services for
individuals with exceptional needs.
(b) This section does not require a district, special education
local plan area, or county office to use a Board Certified Behavior
Analyst as a behavioral intervention case manager.