XX. Positive Behavior Support System - School -Wide Positive Behavior Support and Individualized Positive Behavior Support Plan and Policies for Eligible Students Date Adopted: April 16, 2015 1. Purpose 1.1 Consistent with state law, the Board of Trustees of Keystone Academy Charter School adopts a proactive and systematic approach to discipline, in order to promote appropriate student behavior, improve overall school climate by reduction of disruptive behavior, and increase student learning. School-Wide Positive Behavior Support ("SWPBS") will be implemented for all students, as an integral part of Keystone Academy's comprehensive Positive Behavior Support System. 1.2 For students with disabilities in need of specific intervention in order to address behavior affecting learning or that of others, Keystone Academy's Positive Behavior Support System, consistent with state and federal law, will include development of an individualized Positive Behavior Support Plan ("PBSP") by the student's IEP or Section 504 team, based upon a Functional Behavioral Assessment. Through use of positive reinforcements, positive techniques and related services, the PBSP is a critical part of Keystone Academy's comprehensive Positive Behavior Support System, to assist eligible students to achieve success in school. 1.3 In adopting a policy for the Positive Behavior Support System, the Board of Trustees acknowledges that Keystone Academy Charter School has the primary responsibility for ensuring that behavior support programs are compliant with 22 Pa.Code Chapter 711, including the training of personnel for the use of specific procedures, methods and techniques, and for having a written policy and procedures on the use of behavior support techniques and obtaining parental consent prior to the use of restrictive or intrusive procedures or restraints. 2. Delegation of Responsibility 2.1 The Board of Trustees delegates the Chief Executive Officer to develop and oversee Keystone Academy's Positive Behavior Support System. 1
3. Criteria for Keystone Academy's SWPBS 3.1 Keystone Academy's SWPBS will adhere to Pennsylvania law, 22 Pa.Code Section 14.133, which mandates positive behavior support for addressing behavioral issues: Positive, rather than negative, measures must form the basis of behavior support programs to ensure that all students and eligible young children will be free from demeaning treatment, the use of aversive techniques and the unreasonable use of restraints. Behavior support programs must include research-based practices and techniques to develop and maintain skills that will enhance an individual student's or eligible young child's opportunity for learning and self-fulfillment. Behavior support programs and plans must... utilize positive behavior techniques. When an intervention is needed to address problem behavior, the types of intervention chosen for a particular student or eligible young child will be the least intrusive necessary. The use of restraints is considered a measure of last resort, only to be used after less restrictive measures, including deescalation techniques.... 3.2 The SWPBS will ensure students' knowledge of Keystone Academy's expectations concerning student conduct, and will encourage students to be aware of their behavior and the effect on others or other consequences (positive and negative), to develop self-control, and to make smart choices. 3.3 Utilizing a positive, rather than punitive, approach to discipline, Keystone Academy's SWPBS will have as its goal: Learn and Lead with P.R.I.D.E. by following, throughout the school day and across all academic settings and activities, five Keystone Academy Behavioral Expectations: P Passion - demonstrating a love for learning R Respect - respecting oneself, respecting others, respecting property I Integrity - being honest and having strong moral principles D Determination - putting forth full effort to accomplish goals E Excellence - demonstrating outstanding behavior 2
3.4 Keystone Academy's SWPBS will utilize: Clearly defined outcomes; Research-validated practices; Supportive administrative systems; and Information for problem solving. 3.5 Keystone Academy's SWPBS will feature: (f) Establishment of regular, predictable, positive learning and teaching environments; Adults and peers who are trained to serve as positive models; Teaching and modeling of behavioral expectations; Creation of systems for providing regular positive feedback including, but not limited to, acknowledging students when they "do the right thing," and an Acknowledgment System; Improvement of social competence; and Development of environments that support academic success. 4. The CEO will ensure that staff are appropriately trained on the SWPBS Plan, which will have clear expectations, guidelines, strategies and procedures for staff, whose responsibilities will include: Teach, model and practice each of the behavioral expectations throughout the year; Acknowledge student behaviors that meet the P.R.I.D.E. expectations; Follow procedures for infractions; and Implement I-HUM strategies: I HU M - Interaction with students - Heads Up, always looking around at students - Moving constantly in and around students 3
5. Process and Procedure 5.1 In furtherance of the above purposes, the Board of Trustees of Keystone Academy Charter School adopts the attached SWPBS Plan that satisfies the above criteria. 5.2 The SWPBS Plan will be distributed to all students and their families with clear notice that it is meant to supplement the policies and procedures set forth in the Keystone Academy Student Handbook and Code of Student Conduct. In the event that an irreconcilable conflict arises between the Handbook and the SWPBS Plan, the provisions of the former will govern student discipline. 6. Positive Behavior Support Plan for Students with Disabilities 6.1 In the event that a student with a disability is need of specific intervention in order to address behavior affecting learning or that of others, then consistent with state and federal law, Keystone Academy will initiate development of an individualized Positive Behavior Support Plan ("PBSP") by the student's IEP or Section 504 team, based upon a Functional Behavioral Assessment for which parental consent must first be obtained. The PBSP should be the product of collaboration with the student's parent/guardian and should become the primary method for addressing problem behaviors; accordingly, the PBSP must be monitored for student's progress and revised as necessary. Ideally used in conjunction with the teaching of socially acceptable alternative skills, the PBSP must include research-based practices, and use positive behavior techniques for the development, change and maintenance of behaviors that will be the least intrusive necessary. The PBSP also will provide: Strategies to prevent the behavior from occurring; Positive behavior and skills that need to be taught to replace the negative behaviors; Positive reinforcement for when the student uses the positive replacement behavior that was taught; and Consequences for when the student engages in the problem behavior. 6.2 The CEO will ensure that staff are appropriately trained on the use of the PBSP including specific procedures, methods and techniques. 4
7. Aversive Techniques 7.1 The following aversive techniques -- deliberate actions meant to establish a negative association with a specific behavior -- are inappropriate and will not be used in any educational program at Keystone Academy: (f) (g) (h) (i) (j) Corporal punishment; Punishment for a manifestation of a student's disability; Locked rooms, locked boxes, other locked structures or spaces from which the student cannot readily exit; Noxious substances; Deprivation of basic human rights, such as withholding meals, water or fresh air; Suspensions constituting a pattern as defined in state regulations' Treatment of a demeaning nature; Electric shock; Methods implemented by untrained personnel; and Prone restraints, which are restraints by which a student is held face down on the floor, are prohibited and must never be used. 8. De-Escalation Techniques and Emergency Responses 8.1 The CEO will ensure that staff are appropriately trained in de-escalation techniques and emergency responses, and that appropriate professional development opportunities and technical assistance are accessed including, but not limited to, those provided by the Bureau of Special Education/PaTTAN. 9. Restraints 9.1 Use of Restraints -- application of physical force, with or without the use of any device designed to restrain free movement of a student s body -- must be considered only as a last resort, and exclude the following: (f) Briefly holding a student, without force, to calm or comfort him/her; Guiding a student to an appropriate activity; Holding a student s hand to escort him/her safely from one area to another; Hand-over-hand assistance with feeding or task completion; Techniques prescribed by a qualified medical professional for reasons of safety or for therapeutic or medical treatment, as agreed to by the student s parent/guardian and specified in the IEP; or Mechanical restraints governed by this policy, such as devices used for physical or occupational therapy, seat belts in wheelchairs or 5
on toilets used for balance and safety, safety harness in buses, and functional positioning devices. 9.2 Mechanical restraints, which are used to control involuntary movement or lack of muscular control of students when due to organic causes or conditions, may be employed only when specified by an IEP and as determined by a medical professional qualified to make the determination, and as agreed to by the student s parent/guardian. Mechanical restraints must prevent a student from injuring himself or others or promote normative body positioning and physical functioning. 9.3 In accordance with PDE recommendations, the CEO is directed to choose personnel who are/will become certified in a training program of positive behavior supports and de-escalation techniques, and safe physical management techniques. Such personnel will be designated as the individual(s) to intervene in crisis management situations that might require the restraint of a student. Physical interventions should only be undertaken by staff who have successfully completed a comprehensive crisis management course that covers: crisis definition and theory; the use of de-escalation techniques; crisis communication; anger management; passive physical intervention techniques; the legal, ethical and policy aspects of physical intervention use; decision making related to physical interventions and debriefing strategies. 9.4 Physical restraints to control acute or episodic aggressive behavior may be used only when the student is acting in a manner that presents a clear and present danger to the student, other students or employees, and only when less restrictive measures and techniques have proven to be or are less effective. In the event that crisis restraint is determined to be necessary as a last resort, then only authorized and appropriately trained personnel may use such restraint. 9.5 The CEO must ensure that a parent/guardian is immediately notified, and no longer than one (1) school day, of the use of restraints to control the acute or aggressive behavior of a student. Notification may be made by telephone, email, in person or by any other means of communication. A meeting of the IEP team must be convened within ten (10) school days of the use of restraints, unless the parent/guardian, after written notice, agrees in writing to waive the meeting. At this meeting, the IEP team will review the current IEP for appropriateness and effectiveness. The IEP team also will consider whether the student needs a Functional Behavioral Assessment, reevaluation, a new or revised Positive Behavior Support Plan, or a change of placement to address the inappropriate behavior. 6
9.6 The use of restraints will not be included in the IEP for the convenience of staff, as a substitute for an educational program, or employed as punishment. Restraints may be included in an IEP only if: The restraint is used with specific component elements of a Positive Behavior Support Plan; The restraint is used in conjunction with teaching socially appropriate alternative skills or behaviors; Staff is authorized to use the restraint and received appropriate training; The Positive Behavior Support Plan includes efforts to eliminate the use of restraints; and Keystone Academy obtains parental consent prior to the use of restraints. 9.7 Keystone Academy will maintain and report data on the use of restraints as prescribed by the Secretary of the Department of Education. The reporting procedures are as follows: (f) Initial Immediate Report. Any use of physical restraint on any student must be immediately reported to the CEO by the employee who used the restraint and anyone who witnessed the restraint. The CEO will designate an Executive Administrator to conduct an investigation. Investigation and Report. The Executive Administrator will investigate and create a written report of the facts and circumstances surrounding the use of the restraint. Such report must include the signed statement of the person who used the restraint and of any witness(es). Compliance Reporting. The Executive Administrator will cause the reporting of the restraint of a student with a disability in accordance with Pennsylvania law and must certify the same in the Executive Administrator's report. Parental Notification. The CEO will cause all appropriate meetings and notifications to be made to the parent/guardian of a student who was restrained. Final Report. The Executive Administrator's report of investigation must be submitted to the CEO for final approval. Filing System. The CEO will ensure that the final report of investigation and all associated documents are stored in a filing system that is separated from the student s record. 7
(g) Web- Based Restraint Information System Collection (RISC) Reporting. The Executive Administration must report all physical restraints used on students with disabilities to the Restraint Information System of Collection (RISC) database available at http://apps.leaderservices.com/risc. One or more employees will be placed in charge of administering Keystone Academy's RISC reporting obligations. Within three (3) days of receiving any report of a restraint used on a student with a disability, such designated individual(s) must properly report the incident on RISC. If no reportable restraints were used throughout the entire school year, then the designated individual(s) must verify by June 30 that no restraints were used. In the event that any restraint results in injury to a student or employee then, in accordance with PDE's recommendation, the individual(s) designated by Keystone Academy for reporting purposes should notify the Bureau of Special Education by email within three (3) days of the severity of the injury. 10. Seclusion 10.1 Involuntary seclusion of a student is permitted under this policy, but only in accordance with the student s IEP or in an emergency situation in order to prevent immediate or imminent injury to the student or others; also, the seclusion must be the least restrictive alternative. Seclusion of a student in a locked room, locked box or other structures or spaces from which the student cannot readily exit is prohibited. 11. Referral to Law Enforcement 11.1 Subsequent to a referral to law enforcement, for a student with a disability who has a Positive Behavior Support Plan, an updated Functional Behavior Assessment and Positive Behavior Support Plan will be required. 11.2 Keystone Academy will provide each local law enforcement agency having jurisdiction a current copy of its procedures on behavior support services, and will provide updated copies of such behavior support procedures each time revisions are made. TO THE EXTENT THAT ANYTHING IN THIS POLICY CAN BE CONSTRUED TO CONFLICT WITH APPLICABLE STATE AND/OR FEDERAL LAWS AND/OR THE SCHOOL'S CHARTER, THE APPLICABLE STATE AND/OR FEDERAL LAWS AND/OR THE SCHOOL'S CHARTER WILL CONTROL. 8