1. The use of noxious odors and tastes;

2. The use of water and other mists or sprays;

3. The use of blasts of air;

4. The use of electric shock;

5. The administration of chemical restraint to a person;

6. Requiring a person to obtain or maintain a physically extreme position, excluding physical restraint;

7. Requiring a person to perform exercise under forced conditions;

8. Any intervention, technique or procedure that deprives a person of the use of one or more of his senses, regardless of the length of the deprivation;

9. The deprivation of necessities needed to sustain the health of a person, regardless of the length of the deprivation;

10. The placement of a person alone in a room where release from the room is prohibited by a mechanism, including, without limitation, a lock, device or object positioned to hold the door closed or otherwise positioned to prevent the person from leaving the room;

11. The use of mechanical restraints on a person for purposes other than to provide proper body alignment to the person; or

12. The use of physical restraint.

(a) The use of the aversive intervention is part of an individualized plan for behavior modification designed for the pupil by an individualized education program team; and

(b) Less intrusive or restrictive interventions have failed to modify the behavior of the pupil or the behavior of the pupil is so severe that the use of the aversive intervention is in his best interest.

2. A person shall not use an aversive intervention on a pupil with a disability for the sole purpose of causing pain or discomfort to the pupil with a disability or for the convenience of the person using the aversive intervention.

(a) School psychologist;

(b) Parent of a pupil with a disability attending a school within the school district;

(c) Licensed school nurse; and

(d) Licensed teacher.

2. The committee on behavior management shall work in consultation with a behavioral psychologist.

2. The plan for behavior management must:

(a) Promote the use of positive techniques of behavior modification;

(b) Provide guidelines concerning the relative restrictiveness of a range of techniques of behavior modification, including aversive interventions;

(c) Specify techniques of behavior management, including aversive interventions, to be used as emergency interventions;

(d) Specify the programmatic use of techniques of behavior modification, including aversive interventions;

(e) Prohibit the unauthorized use of techniques of behavior management, including aversive interventions; and

(f) Set forth a process for reviewing violations of the policies and procedures of the plan, and set forth corrective actions, including disciplinary actions for willful violations.

3. A plan for behavior management established pursuant to this section must be approved by the committee on behavior management established by the school district pursuant to section 7 of this act.

1. Specify the situations in which techniques of behavior management may be used as emergency interventions. The use of techniques of behavior management in such situations must be related to the protection of the health and safety of:

(a) The pupil with a disability on whom the techniques are used; and

(b) The pupils, teachers and any other persons who are in the immediate vicinity.

2. Specify which techniques of behavior management may be used in each situation.

3. Specify which persons may authorize the application of techniques of behavior management as emergency interventions and which persons may apply such techniques.

4. Provide a procedure for the prompt reporting, in writing, of each incident in which techniques of behavior management are used as emergency interventions. Such reports must be made to the parents of the pupil with a disability on whom the techniques were used and to the person within the school district who is designated by the plan for behavior management to receive such reports.

5. Provide for the regular review of reports of the use of techniques of behavior management as emergency interventions, including:

(a) When applicable, the attachment to the reports of a statement indicating any actions determined to be necessary to correct inappropriate uses of any techniques of behavior management as emergency interventions.

(b) The creation and maintenance of a cumulative record of the uses of techniques of behavior management as emergency interventions. The cumulative record may include any categories useful in tracking the use of techniques of behavior management as emergency interventions, including, without limitation, the type and frequency of emergency interventions used per pupil, teacher, classroom or school.

(c) The submission of the cumulative reports, including the statement of any corrective actions, to the committee on behavior management for the school district not less often than quarterly.

(d) The submission of a report by the committee on behavior management to the board of trustees of the school district at least once each year, regarding the use of techniques of behavior management as emergency interventions within the school district. The report may include the recommendations of the committee for any changes in the policies or procedures, or both, of the plan for behavior management, relating to the use of such techniques as emergency interventions.

1. Require that the target behavior to be modified be identified in the current individualized education program of the pupil;

2. Require that the current individualized education program of the pupil specify the reason that the target behavior must be modified;

3. Require that the current individualized education program of the pupil describe previous plans for behavior modification that have been applied to the target behavior and the results of those plans as applied;

4. Require that the current individualized education program team, including the parent of the pupil, recommend the use of the aversive intervention before it may be used to modify the target behavior of the pupil; and

5. Specify that the individualized plan for behavior modification using the aversive intervention for the pupil must:

(a) Be designed by a person qualified to design such a plan;

(b) Conform to the plan for behavior management approved by the committee on behavior management;

(c) Be carried out by a person trained to conduct such a plan;

(d) Be monitored continuously, including requiring daily documentation of the response of the pupil with a disability to the plan;

(e) Be reviewed at least monthly by persons qualified to design or review such plans, and, if necessary, revised by the individualized education program team; and

(f) Be reauthorized by the individualized education program team at least quarterly.

1. The use of noxious odors and tastes;

2. The use of water and other mists or sprays;

3. The use of blasts of air;

4. The use of electric shock;

5. The administration of chemical restraint to a person;

6. Requiring a person to obtain or maintain a physically extreme position, excluding physical restraint;

7. Requiring a person to perform exercise under forced conditions;

8. Any intervention, technique or procedure that deprives a person of the use of one or more of his senses, regardless of the length of the deprivation;

9. The deprivation of necessities needed to sustain the health of a person, regardless of the length of the deprivation;

10. The placement of a person alone in a room where release from the room is prohibited by a mechanism, including, without limitation, a lock, device or object positioned to hold the door closed or otherwise positioned to prevent the person from leaving the room;

11. The use of mechanical restraints on a person for purposes other than to provide proper body alignment to the person; or

12. The use of physical restraint.

(a) The use of the aversive intervention is part of an individualized plan for behavior modification designed for the pupil by an individualized education program team; and

(b) Less intrusive or restrictive interventions have failed to modify the behavior of the pupil or the behavior of the pupil is so severe that the use of the aversive intervention is in his best interest.

2. A person shall not use an aversive intervention on a pupil with a disability for the sole purpose of causing pain or discomfort to the pupil with a disability or for the convenience of the person using the aversive intervention.

(a) School psychologist;

(b) Parent of a pupil with a disability attending the private school;

(c) Licensed school nurse; and

(d) Licensed teacher.

2. The committee on behavior management shall work in consultation with a behavioral psychologist.

2. The plan for behavior management must:

(a) Promote the use of positive techniques of behavior modification;

(b) Provide guidelines concerning the relative restrictiveness of a range of techniques of behavior modification, including aversive interventions;

(c) Specify techniques of behavior management, including aversive interventions, to be used as emergency interventions;

(d) Specify the programmatic use of techniques of behavior modifications, including aversive interventions;

(e) Prohibit the unauthorized use of techniques of behavior management, including aversive interventions; and

(f) Set forth a process for reviewing violations of the policies and procedures of the plan, and set forth corrective actions, including disciplinary actions for willful violations.

3. A plan for behavior management established pursuant to this section must be approved by the committee on behavior management established pursuant to section 19 of this act.

1. Specify the situations in which techniques of behavior management may be used as emergency interventions. The use of techniques of behavior management in such situations must be related to the protection of the health and safety of:

(a) The pupil with a disability on whom the techniques are used; and

(b) The pupils, teachers and any other persons who are in the immediate vicinity.

2. Specify which techniques of behavior management may be used in each situation.

3. Specify which persons may authorize the application of techniques of behavior management as emergency interventions and which persons may apply such techniques.

4. Provide a procedure for the prompt reporting, in writing, of each incident in which techniques of behavior management are used as emergency interventions. Such reports must be made to the parents of the pupil with a disability on whom the techniques were used and to the person within the private school who is designated by the plan for behavior management to receive such reports.

5. Provide for the regular review of reports of the use of techniques of behavior management as emergency interventions, including:

(a) When applicable, the attachment to the reports of a statement indicating any actions determined to be necessary to correct inappropriate uses of any techniques of behavior management as emergency interventions.

(b) The creation and maintenance of a cumulative record of the uses of techniques of behavior management as emergency interventions. The cumulative record may include any categories useful in tracking the use of techniques of behavior management as emergency interventions, including, without limitation, the type and frequency of emergency interventions used per pupil, teacher, classroom or school.

(c) The submission of the cumulative reports, including the statement of any corrective actions, to the committee on behavior management for the private school not less often than quarterly.

(d) The submission of a report by the committee on behavior management to the governing body of the private school at least once each year, regarding the use of techniques of behavior management as emergency interventions at the private school. The report may include the recommendations of the committee for any changes in the policies or procedures, or both, of the plan for behavior management, relating to the use of such techniques as emergency interventions.

1. Require that the target behavior to be modified be identified in the current individualized education program of the pupil;

2. Require that the current individualized education program of the pupil specify the reason that the target behavior must be modified;

3. Require that the current individualized education program of the pupil describe previous plans for behavior modification that have been applied to the target behavior and the results of those plans as applied;

4. Require that the current individualized education program team, including the parent of the pupil, recommend the use of the aversive intervention before it may be used to modify the target behavior of the pupil; and

5. Specify that the individualized plan for behavior modification using the aversive intervention for the pupil must:

(a) Be designed by a person qualified to design such a plan;

(b) Conform to the plan for behavior management approved by the committee on behavior management;

(c) Be carried out by a person trained to conduct such a plan;

(d) Be monitored continuously, including requiring daily documentation of the response of the pupil with a disability to the plan;

(e) Be reviewed at least monthly by persons qualified to design or review such plans, and, if necessary, revised by the individualized education program team; and

(f) Be reauthorized by the individualized education program team at least quarterly.