Public Policy and Practice

Proposed changes to Title 5 NPS/NPA
regulations regarding behavior intervention

What's happening? A public input period began on October 2, 2009 regarding proposed changes to Title 5, California Code of Regulations governing personnel who design and implement behavior intervention through nonpublic agencies and schools. The period for public input ends November 16, 2009 at 5 p.m.

What are the proposed changes?
  • Personnel who design and plan behavioral interventions must be either Board Certified Behavior Analysts or have 12 semester units in applied behavior analysis from an institute of higher education.
  • Limit the case load for personnel who design and plan behavior intervention to 1 staff member:30 students.
  • Personnel who implement behavioral intervention must have a competency-based foundation training in areas that include: autism spectrum disorders, applied behavior analysis, positive behavior interventions, serious behavior problems, and family involvement activities.
When would these changes take effect? January 1, 2014

What should you do?
  1. Read the proposed changes in their entirety. The relevant documents can be downloaded at
  2. Provide input to the CalABA Public Policy Committee no later than October 26 by e-mail or fax (toll free) (888) 518-7586.
  3. If you provide public commentary to the Board of Education, CalABA would appreciate receiving a copy by e-mail or fax (toll free) (888) 518-7586.
How has CalABA been involved to date?
  • In Fall 2008, the California Department of Education proposed changes to the qualifications of those who deliver behavior intervention through nonpublic agencies (NPAs) and nonpublic schools (NPSs).
  • CalABA opposed the proposed changes because they would have resulted in severe cuts in behavior analytic intervention services to children with special needs and unduly burdened NPAs and NPSs.
  • The CalABA lobbyist and members of the CalABA Public Policy Committee met with senior staff from the Office of the Superintendent of Public Instruction. As a result, a work group, including a representative from CalABA,was convened to provide guidance on their revision. The current set of proposed changes reflect the input of that workgroup.