CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 216Introduced by Assembly Member WeberJanuary 15, 2019 An act to amend Section 56521.2 of the Education Code, relating to special education. LEGISLATIVE COUNSEL'S DIGESTAB 216, as introduced, Weber. Special education: behavioral interventions.Existing law authorizes the use of emergency interventions against an individual with exceptional needs, as defined, only to control unpredictable, spontaneous behavior that poses a clear and present danger of serious physical harm to that individual or others and that cannot be immediately prevented by a less restrictive response. Existing law prohibits a local educational agency or nonpublic, nonsectarian school or agency serving individuals with exceptional needs from authorizing, ordering, consenting to, or paying for specified interventions, including restrictive interventions that employ a device, material, or objects that simultaneously immobilize all four extremities, including the procedure known as prone containment, with the exception that trained personnel are authorized to use prone containment or similar techniques as a limited emergency intervention. This bill would make nonsubstantive changes to these provisions. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 56521.2 of the Education Code is amended to read:56521.2. (a) A local educational agency or nonpublic, nonsectarian school or agency serving individuals with exceptional needs pursuant to Sections 56365 and 56366, shall not authorize, order, consent to, or pay for the following interventions, or any other interventions similar to or like the following:(1) Any An intervention that is designed to, or likely to, cause physical pain, including, but not limited to, electric shock.(2) An intervention that involves the release of noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to the face of the individual.(3) An intervention that denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities.(4) An intervention that is designed to subject, used to subject, or likely to subject, the individual to verbal abuse, ridicule, or humiliation, or that can be expected to cause excessive emotional trauma.(5) Restrictive interventions that employ a device, material, or objects that simultaneously immobilize all four extremities, including the procedure known as prone containment, except that prone containment or similar techniques may be used by trained personnel personnel, and as a limited emergency intervention.(6) Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room.(7) An intervention that precludes adequate supervision of the individual.(8) An intervention that deprives the individual of one or more of his or her the individuals senses.(b) In the case of a child whose behavior impedes the childs learning or that of others, the individualized education program team shall consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior, consistent with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of the United States Code and associated federal regulations.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 216Introduced by Assembly Member WeberJanuary 15, 2019 An act to amend Section 56521.2 of the Education Code, relating to special education. LEGISLATIVE COUNSEL'S DIGESTAB 216, as introduced, Weber. Special education: behavioral interventions.Existing law authorizes the use of emergency interventions against an individual with exceptional needs, as defined, only to control unpredictable, spontaneous behavior that poses a clear and present danger of serious physical harm to that individual or others and that cannot be immediately prevented by a less restrictive response. Existing law prohibits a local educational agency or nonpublic, nonsectarian school or agency serving individuals with exceptional needs from authorizing, ordering, consenting to, or paying for specified interventions, including restrictive interventions that employ a device, material, or objects that simultaneously immobilize all four extremities, including the procedure known as prone containment, with the exception that trained personnel are authorized to use prone containment or similar techniques as a limited emergency intervention. This bill would make nonsubstantive changes to these provisions. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 216
Introduced by Assembly Member WeberJanuary 15, 2019
Introduced by Assembly Member Weber
January 15, 2019
An act to amend Section 56521.2 of the Education Code, relating to special education.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 216, as introduced, Weber. Special education: behavioral interventions.
Existing law authorizes the use of emergency interventions against an individual with exceptional needs, as defined, only to control unpredictable, spontaneous behavior that poses a clear and present danger of serious physical harm to that individual or others and that cannot be immediately prevented by a less restrictive response. Existing law prohibits a local educational agency or nonpublic, nonsectarian school or agency serving individuals with exceptional needs from authorizing, ordering, consenting to, or paying for specified interventions, including restrictive interventions that employ a device, material, or objects that simultaneously immobilize all four extremities, including the procedure known as prone containment, with the exception that trained personnel are authorized to use prone containment or similar techniques as a limited emergency intervention. This bill would make nonsubstantive changes to these provisions.
Existing law authorizes the use of emergency interventions against an individual with exceptional needs, as defined, only to control unpredictable, spontaneous behavior that poses a clear and present danger of serious physical harm to that individual or others and that cannot be immediately prevented by a less restrictive response. Existing law prohibits a local educational agency or nonpublic, nonsectarian school or agency serving individuals with exceptional needs from authorizing, ordering, consenting to, or paying for specified interventions, including restrictive interventions that employ a device, material, or objects that simultaneously immobilize all four extremities, including the procedure known as prone containment, with the exception that trained personnel are authorized to use prone containment or similar techniques as a limited emergency intervention.
This bill would make nonsubstantive changes to these provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 56521.2 of the Education Code is amended to read:56521.2. (a) A local educational agency or nonpublic, nonsectarian school or agency serving individuals with exceptional needs pursuant to Sections 56365 and 56366, shall not authorize, order, consent to, or pay for the following interventions, or any other interventions similar to or like the following:(1) Any An intervention that is designed to, or likely to, cause physical pain, including, but not limited to, electric shock.(2) An intervention that involves the release of noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to the face of the individual.(3) An intervention that denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities.(4) An intervention that is designed to subject, used to subject, or likely to subject, the individual to verbal abuse, ridicule, or humiliation, or that can be expected to cause excessive emotional trauma.(5) Restrictive interventions that employ a device, material, or objects that simultaneously immobilize all four extremities, including the procedure known as prone containment, except that prone containment or similar techniques may be used by trained personnel personnel, and as a limited emergency intervention.(6) Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room.(7) An intervention that precludes adequate supervision of the individual.(8) An intervention that deprives the individual of one or more of his or her the individuals senses.(b) In the case of a child whose behavior impedes the childs learning or that of others, the individualized education program team shall consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior, consistent with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of the United States Code and associated federal regulations.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 56521.2 of the Education Code is amended to read:56521.2. (a) A local educational agency or nonpublic, nonsectarian school or agency serving individuals with exceptional needs pursuant to Sections 56365 and 56366, shall not authorize, order, consent to, or pay for the following interventions, or any other interventions similar to or like the following:(1) Any An intervention that is designed to, or likely to, cause physical pain, including, but not limited to, electric shock.(2) An intervention that involves the release of noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to the face of the individual.(3) An intervention that denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities.(4) An intervention that is designed to subject, used to subject, or likely to subject, the individual to verbal abuse, ridicule, or humiliation, or that can be expected to cause excessive emotional trauma.(5) Restrictive interventions that employ a device, material, or objects that simultaneously immobilize all four extremities, including the procedure known as prone containment, except that prone containment or similar techniques may be used by trained personnel personnel, and as a limited emergency intervention.(6) Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room.(7) An intervention that precludes adequate supervision of the individual.(8) An intervention that deprives the individual of one or more of his or her the individuals senses.(b) In the case of a child whose behavior impedes the childs learning or that of others, the individualized education program team shall consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior, consistent with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of the United States Code and associated federal regulations.
SECTION 1. Section 56521.2 of the Education Code is amended to read:
### SECTION 1.
56521.2. (a) A local educational agency or nonpublic, nonsectarian school or agency serving individuals with exceptional needs pursuant to Sections 56365 and 56366, shall not authorize, order, consent to, or pay for the following interventions, or any other interventions similar to or like the following:(1) Any An intervention that is designed to, or likely to, cause physical pain, including, but not limited to, electric shock.(2) An intervention that involves the release of noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to the face of the individual.(3) An intervention that denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities.(4) An intervention that is designed to subject, used to subject, or likely to subject, the individual to verbal abuse, ridicule, or humiliation, or that can be expected to cause excessive emotional trauma.(5) Restrictive interventions that employ a device, material, or objects that simultaneously immobilize all four extremities, including the procedure known as prone containment, except that prone containment or similar techniques may be used by trained personnel personnel, and as a limited emergency intervention.(6) Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room.(7) An intervention that precludes adequate supervision of the individual.(8) An intervention that deprives the individual of one or more of his or her the individuals senses.(b) In the case of a child whose behavior impedes the childs learning or that of others, the individualized education program team shall consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior, consistent with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of the United States Code and associated federal regulations.
56521.2. (a) A local educational agency or nonpublic, nonsectarian school or agency serving individuals with exceptional needs pursuant to Sections 56365 and 56366, shall not authorize, order, consent to, or pay for the following interventions, or any other interventions similar to or like the following:(1) Any An intervention that is designed to, or likely to, cause physical pain, including, but not limited to, electric shock.(2) An intervention that involves the release of noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to the face of the individual.(3) An intervention that denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities.(4) An intervention that is designed to subject, used to subject, or likely to subject, the individual to verbal abuse, ridicule, or humiliation, or that can be expected to cause excessive emotional trauma.(5) Restrictive interventions that employ a device, material, or objects that simultaneously immobilize all four extremities, including the procedure known as prone containment, except that prone containment or similar techniques may be used by trained personnel personnel, and as a limited emergency intervention.(6) Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room.(7) An intervention that precludes adequate supervision of the individual.(8) An intervention that deprives the individual of one or more of his or her the individuals senses.(b) In the case of a child whose behavior impedes the childs learning or that of others, the individualized education program team shall consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior, consistent with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of the United States Code and associated federal regulations.
56521.2. (a) A local educational agency or nonpublic, nonsectarian school or agency serving individuals with exceptional needs pursuant to Sections 56365 and 56366, shall not authorize, order, consent to, or pay for the following interventions, or any other interventions similar to or like the following:(1) Any An intervention that is designed to, or likely to, cause physical pain, including, but not limited to, electric shock.(2) An intervention that involves the release of noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to the face of the individual.(3) An intervention that denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities.(4) An intervention that is designed to subject, used to subject, or likely to subject, the individual to verbal abuse, ridicule, or humiliation, or that can be expected to cause excessive emotional trauma.(5) Restrictive interventions that employ a device, material, or objects that simultaneously immobilize all four extremities, including the procedure known as prone containment, except that prone containment or similar techniques may be used by trained personnel personnel, and as a limited emergency intervention.(6) Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room.(7) An intervention that precludes adequate supervision of the individual.(8) An intervention that deprives the individual of one or more of his or her the individuals senses.(b) In the case of a child whose behavior impedes the childs learning or that of others, the individualized education program team shall consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior, consistent with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of the United States Code and associated federal regulations.
56521.2. (a) A local educational agency or nonpublic, nonsectarian school or agency serving individuals with exceptional needs pursuant to Sections 56365 and 56366, shall not authorize, order, consent to, or pay for the following interventions, or any other interventions similar to or like the following:
(1) Any An intervention that is designed to, or likely to, cause physical pain, including, but not limited to, electric shock.
(2) An intervention that involves the release of noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to the face of the individual.
(3) An intervention that denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities.
(4) An intervention that is designed to subject, used to subject, or likely to subject, the individual to verbal abuse, ridicule, or humiliation, or that can be expected to cause excessive emotional trauma.
(5) Restrictive interventions that employ a device, material, or objects that simultaneously immobilize all four extremities, including the procedure known as prone containment, except that prone containment or similar techniques may be used by trained personnel personnel, and as a limited emergency intervention.
(6) Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room.
(7) An intervention that precludes adequate supervision of the individual.
(8) An intervention that deprives the individual of one or more of his or her the individuals senses.
(b) In the case of a child whose behavior impedes the childs learning or that of others, the individualized education program team shall consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior, consistent with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of the United States Code and associated federal regulations.