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:

  • Self-injurious or assaultive behaviors.
  • Behaviors causing property damage which could lead to suspension/expulsion.
  • Behavior problems that are pervasive and maladaptive and require systemic frequent use of behavior interventions for which instructional behavior interventions outlined in the IEP have not been successful.

Or a behavioral emergency, defined as:

  • Serious behavior problems not previously observed.
  • When Behavior Intervention Plan has not been effective.
  • A behavior previously unidentified.

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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