Important information regarding Behavior Intervention Plans…

     Behavior Intervention Plans are developed for children whose behavior impedes the child’s learning or that of others.  Many assume that a Behavior Intervention Plan must be based on a Functional Behavior Assessment; while it may be a good idea to understand what function the behavior serves before attempting to shape the behavior, IDEA requires a Functional Behavior Assessment only when there is a disciplinary removal from programming for more than 10 days.  Although IDEA does not require a Functional Behavior Assessment in order to develop a Behavior Intervention Plan, IDEA does not prohibit one.  The more information you have on the reason the child is acting or reacting a particular way, the better able to change that behavior.  Therefore, request a Functional Behavior Assessment be conducted before a Behavior Intervention Plan is developed.

    Regardless of whether a Functional Behavior Assessment has been completed, IDEA and NH law favor positive behavior interventions and supports.  Interventions that are not positive are sometimes referred to as aversive and/or deprivation behavior interventions.  Included in the definition of aversives is physical restraint.  NH goes one step further by mandating that physical restraint be allowed in only 2 circumstances:

    1.    The threat of imminent, serious physical harm.    Regardless of whether a child has an IEP and regardless of whether the IEP includes a provision for a behavior plan, if there is a threat of imminent, serious physical harm, a school district employee can use physical restraint to attempt to keep the child safe.

    2.    Written authorization by a physician and the IEP team.  But, even with the authorization from a physician and the agreement of the IEP team, very specific rules govern when physical restraint can be used.  Absent the threat of imminent, serious physical harm, physical restraint may only be used when at least two written positive interventions were implemented without success.  The individual implementing the restraint must be trained and knowledgeable in alternatives to restraint.  A Behavior Intervention Plan detailing the uses of restraints must be developed and incorporated as part of the IEP.  The Behavior Plan must describe the target behavior, the measurable criteria stating the expected change to behavior, a specific time limit for the restraint.  The frequency, duration, and results of the intervention must be recorded and parents must be regularly informed of the restraint and whether it is effective in changing the behavior.  Finally, the parent must give informed consent to the use of restraints separate from the consent for the IEP.

    While the use of physical restraints may be appropriate in some situations, it is never appropriate for a child to be restrained by someone who has not been trained.  Before agreeing to a plan that allows restraints, make sure that you have been provided with enough information to allow you to make informed consent, including who will be implementing the restraints, what method were they trained in, when were they trained, is the certification of that training current.  Additionally, be very specific that the positive interventions must have failed before physical restraint can be used and that physical restraint can only be used as a short-term intervention.  Finally, make sure that the plan includes provisions for you to receive a copy of the incident report in a timely fashion and for your child to be seen by the school nurse to insure that there was no injury during the restraint.

    If you believe that physical restraint should not be used unless there is a threat of imminent, serious physical harm, then do not give your consent to have your child restrained.