Section 56520 Of Chapter 5.5. Behavioral Interventions From California Education Code >> Division 4. >> Title 2. >> Part 30. >> Chapter 5.5.
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 some schoolage individuals with exceptional needs have
significant behavioral challenges that have an adverse impact on
their learning or the learning of other pupils, or both.
(3) That Section 1400(c)(5)(F) of Title 20 of the United States
Code states that research and experience demonstrate that the
education of children with disabilities can be made more effective by
providing incentives for positive behavioral interventions and
supports to address the learning and behavioral needs of those
children.
(4) 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 children exhibiting serious behavioral challenges receive
timely and appropriate assessments and positive supports and
interventions in accordance with the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and its
implementing regulations.
(2) That assessments and positive behavioral interventions and
supports be developed and implemented in a manner informed by
guidance from the United States Department of Education and technical
assistance centers sponsored by the Office of Special Education
Programs of the United States Department of Education.
(3) That when behavioral interventions, supports, and other
strategies 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.
(4) That behavioral intervention 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.
(5) 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 ensure that adequately
trained staff are available to work effectively with the behavioral
intervention needs of individuals with exceptional needs.