PROCEDURES FOR A CHILD

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Procedures for a Child-Specific Exception to Use Aversive Behavioral Interventions
Child-specific Exception Application

PROCEDURES FOR A CHILD-SPECIFIC EXCEPTION TO USE AVERSIVE BEHAVIORAL INTERVENIONS	CITATION(S)(8 NYCRR)
1. CSE[1] considers whether a child-specific exception is warranted. District must: q Submit application to the New York State Education Department (NYSED) for a child-specific exception.	§200.22(e)(1)
Student has IEP that includes aversive behavioral interventions prior to October 1, 2006. District must: q Submit application to NYSED for a child-specific exception no later than October 1, 2006. or q Convene CSE to amend IEP to no longer recommend the use of aversive behavioral interventions.
2. Independent panel of experts reviews written application. Panel reviews: q Application form q Student’s current IEP q Student’s date of birth q Disability and diagnoses q Student’s most recent and relevant prior behavioral assessments q Any proposed, current and/or prior behavioral intervention plans, including documentation of the implementation and progress monitoring of the effectiveness of such plans q Other relevant individual evaluations and medical information that allow for an assessment of the student’s cognitive and adaptive abilities and general health status q Information from the child’s parent (if submitted)	§200.22(e)(3) §200.22(e)(6)
3. Panel makes determination and provides it to the CSE within 15 business days of receipt of the application (15 days does not apply if currently on IEP): q Exception is warranted q Exception is not warranted q Reasons for recommendation	§200.22(e)(5)
4. The determination to the CSE is based on the professional judgment of the Panel that: q the student is displaying self-injurious or aggressive behaviors that threaten the physical well-being of the student or that of others and a full range of evidence-based positive behavioral interventions have been consistently employed over an appropriate period of time and have failed to result in sufficient improvement of a student’s behavior; or q the student’s self-injurious or aggressive behaviors are of such severity as to pose significant health and safety concerns that warrant the use of aversive behavioral interventions to effect rapid suppression of the behavior and a range of non-aversive prevention strategies have been employed and have failed to provide a sufficient level of safety.	§200.22(e)(4)(i) and (ii)
5. The Panel submits their determination as to whether aversive interventions are warranted and the reasons for that recommendation to: q the school district; and q the Commissioner of Education	§200.22(e)(5)
6. CSE considers Panel determination.
7. CSE determines that student’s IEP will include a child-specific exception allowing the use of aversive behavioral interventions. District must: q Obtain parent’s informed written consent prior to recommending aversive behavioral interventions with the student.	§200.22(e)(6) §200.22(e)(7) §200.22(e)(8)
q Develop an IEP that identifies the specific: ü Behavior(s) to be targeted by use of aversive behavioral interventions. ü Aversive behavioral intervention(s) to be used to address the behavior(s). ü Aversive conditioning device(s) where the aversive behavioral intervention(s) includes the use of such device.
q Notify NYSED that a child-specific exception has been included in the student’s IEP.
8. For students recommended for aversive behavioral interventions. District must: q Ensure that the student’s IEP and behavioral intervention plan are being implemented.	§200.22(f)(7)(ii)
q Convene CSE at least every six months to review the student’s educational program and placement, and behavioral intervention plan.
q Ensure receipt of and review written progress monitoring and incident reports from the program serving the student.
q At least annually, observe and as appropriate, interview the student in the program.
q Communicate regularly with the student’s parents about the child’s behavior program and progress.
q Annually submit an application for child-specific exception, if continuation is being considered by the CSE.

Child-Specific Exception Application
Pursuant to 8NYCRR Section 200.22(e)

Send original plus three copies (including documentation) to:

Child-Specific Exception Application
New York State Education Department
Office of Vocational and Educational Services for Individuals with Disabilities (VESID)
Room 1624 OCP
Albany, New York 12234

Student Name: __________________________________________

Date of Birth: __________________________________________

School District: __________________________________________

School District Address: __________________________________________

__________________________________________

Name and Title of

School District Contact: __________________________________________

Phone: __________________________________________

Email: __________________________________________

Period of Request (not to exceed one year): From: ________ To: ___________

Date application submitted: _____________________

Name of the school/agency where aversive behavioral interventions would be implemented: ________________________________________

For New York State Education Department (NYSED) use only: The program has NYSED approved policies and procedures on behavioral interventions that are in compliance with section 200.22(f). ¨ yes ¨ no

Student’s Name:

1. Describe the specific self-injurious or aggressive behavior(s) to be targeted by this intervention.

2. Describe what specific behavioral intervention(s) including any aversive conditioning devices, if applicable, are under consideration by the Committee on Special Education (CSE).

3. Describe why the CSE may be considering a recommendation that includes an aversive behavioral intervention.

4. Identify accompanying documents that provide information on the positive behavioral interventions and nonaversive prevention strategies that have been tried, including documentation of the implementation and progress monitoring of the effectiveness of such plans.

5. Describe any psychological or health issues (e.g. hearing or vision impairment, medications, mobility limitations, medical diagnoses or restrictions) that are relevant to this request.

Any proposed, current and/or prior behavioral intervention plans, including documentation of the implementation and progress monitoring of the effectiveness of such plans

Other relevant individual evaluations and medical information that allow for an assessment of the student’s cognitive and adaptive abilities and general health status

[1] CSE in this chart refers to the Committee on Special Education or the Committee on Preschool Special Education, as appropriate