Special Education
February 21, 2008

New Requirements for Behavioral Intervention Plans Including the Use of Aversive Interventions

Source: Research and Educational Services

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At their January 7, 2007 meeting, the New York state Board of Regents approved the permanent adoption
of amendments to the Rules of the Board of Regents and the Regulations of the Commissioner of
Education, effective January 31, 2007, regarding new requirements for behavioral intervention plans and the
use of aversive interventions.

  • All schools must take steps to review and revise their procedures to be consistent with the new standards
    for functional behavioral assessments, behavioral intervention plans, use of time-out rooms and
    emergency interventions. These standards are essential to ensure that all schools are in compliance with
    the Individuals with Disabilities Education Act (IDEA) regulations.
  • Schools that use aversive interventions must have their policies and procedures approved by the New
    York State Education Department by or before June 30, 2007.

This bulletin provides information on these regulatory requirements which:

  • establish general standards for behavioral interventions, including assessments of student behavior,
    behavioral intervention plans, the use of time-out rooms and emergency physical restraints;
  • set a general prohibition on the use of aversive interventions, with a provision and procedures for a
    child-specific exception to this prohibition; and
  • establish standards for programs that provide aversive interventions as approved on a child-specific

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