Summary: 

Last Updated: December, 2024

The State of Montana has set specific guidelines on the use of aversive treatment for students in schools. Below is a summary of the requirements set forth in Title 10, Chapter 10.16.3346 as well as information on how Safety-Care can be utilized to improve safety for students and staff.

3346 outlines the use of aversive treatment procedures for managing severe student behaviors that pose risks to safety, property, or disrupt learning when positive interventions alone are insufficient. Aversive procedures must be based on a Functional Behavioral Assessment (FBA) and incorporated into a student's Individualized Education Program (IEP). These procedures must not be used as punishment, for staff convenience, or as a substitute for positive behavioral interventions.

Aversive treatments is defined as physical restraint or isolation time-out. Physical restraint is authorized when the IEP team determines frequent use is warranted. Isolation Time-Out is defined as the student being alone, prevented from leaving, and excluded from activities while under constant visual observation. Removing a student from activities without placing them in isolation under strict conditions is not considered aversive.

The following procedures are strictly prohibited from use:

• Causing physical pain intentionally.
• Locked isolation rooms or mechanical restraints, except in specific medical facilities with physician-prescribed plans.
• Withholding meals for more than one hour.
• Use of aversive mists, odors, or unpleasant tastes.
• Non-medical mechanical restraints.

The use of aversive treatments is only allowed after at least two documented positive interventions targeting the disruptive behavior. IEP teams must include professionals trained in positive and aversive interventions and have a written Behavioral Intervention Plan (BIP) which must outline:

• Previously attempted positive strategies.
• Target behaviors and measurable objectives.
• Detailed descriptions and time limits for aversive techniques.
• Data collection and review schedules.
• Regular parental updates on progress.

Parents must consent to the IEP, including aversive interventions, or the issue may go to due process. Parents must be notified within 24 hours each time an aversive procedure is used, in writing or orally, in their native language.

How Safety-Care aligns: Numerous organizations throughout the United States and Canada rely upon QBS and our Safety-Care training to provide their staff members with the training they need to help maintain a safe and healthy environment. Safety-Care provides a comprehensive, supportive approach to incident prevention, de-escalation, and management. Your Staff will learn practical strategies for helping students that use evidence-based practices consistent with PBIS (Positive Behavior Interventions and Supports) and ABA (Applied Behavior Analysis).

Safety-Care can meet the requirements of Departmental Requirements in the following ways:

Safety-Care is uniquely designed to provide trainees with the skills to assess potential crises, how de-escalate these situations, and how to respond if the situation is elevated. Our trainings are trauma-informed and focus on modifying behavior to prevent dangerous outcomes. Safety-Care can be taught to all levels of personnel, from administration down to volunteers. Additionally, our core trainings can be supplemented with unique add-on trainings focused on specific needs and professions. Safety-Care uses a Train the Trainer model allowing each district to quickly develop their own core of trainers qualified in the most current behavioral interventions and de-escalation strategies. Our Master Trainers can have up to ten (10) staff ready to train in as little as three days. Safety-Care is geared towards ensuring that all trainees are familiar with a single response system and can respond in-kind to numerous situations regardless of the professional setting.