Discipline and Students with Disabilities

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Discipline and Students with Disabilities

• presented by
• Daryl Gates
• NEA IDEA Special Education Resource Cadre Member

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Session agenda

• Attitudes and beliefs
• Strategies for positive behavior change
• IDEA regulations
• Resources

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What do you say?
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What do you say?
All students with behavior problems should
be identified for special education.
You should be able to expel any student
who brings a weapon to school.
It is unfair to have different
consequences for different students.
There should be consequences for
inappropriate behavior even if the student has an
IEP.

• Teachers should have the right to kick
  students out of class permanently.

You should be able to time a student out
for any amount of time.
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What do you say?
All students with behavior problems should
be identified for special education.
You should be able to expel any student
who brings a weapon to school.
It is unfair to have different
consequences for different students.
There should be consequences for
inappropriate behavior even if the student has an
IEP.

• Teachers should have the right to kick
  students out of class permanently.

You should be able to time a student out
for any amount of time.
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Parents say

• Question If a student was guilty of continually
  disruptive behavior in school would you favor
  transfer or expulsion?
• Parents of students in public school responded
• Transfer 79
• Expulsion 20
• 1995 Gallup Poll, Phi Delta Kappa

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Statistics say

• Graduation rates
• Visual impairment highest
• Emotional disability lowest
• Dropout rate
• 61 of students with emotional disabilities
• Once they leave school, they lack the social
  skills necessary to be successfully employed.
• 26th Annual Report to Congress on the
  Implementation of IDEA, 2004

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Statutes and Students
General Education Students (ESEA)
Students with Disabilities (ADA)
Students with Disabilities (Sec. 504)
Students with Disabilities (IDEA)
NEA IDEA Special Education Resource
Cadre
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Statutes and Students
General Education Students (ESEA)
Students with Disabilities (ADA)
Students with Disabilities (Sec. 504)
Students with Disabilities (IDEA)
NEA IDEA Special Education Resource
Cadre
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Challenging behaviors

• Non-compliance
• Impulsivity
• Hostility
• Passivity
• Aggressiveness
• Perseverance
• Depression

• Compulsiveness
• Anti-social behaviors
• Dependency
• Lack of resiliency
• Uncontrolled movements
• Uncontrolled vocalizations

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IDEA disability categories

• Developmental delay
• Autism
• Deaf-blindness
• Deafness
• Emotional disturbance
• Hearing impairment
• Mental retardation
• Multiple disabilities

• Orthopedic impairment
• Other health impairment
• Specific learning disability
• Speech or language impairment
• Traumatic brain injury
• Visual impairment

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If a child doesnt know how to read, we teach.
If a child doesnt know how to swim, we
teach.
If a child doesnt know how to multiply, we
teach.
If a child doesnt know how to behave, we
. . . teach? . . .
punish?
Why cant we finish the last sentence as
automatically as we do the others?
- Tom Herner -
NEA IDEA Special Education Resource
Cadre
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Tertiary Prevention Specialized
Individualized Systems for Students with
High-Risk Behavior
CONTINUUM OF SCHOOL-WIDE INSTRUCTIONAL
POSITIVE BEHAVIOR SUPPORT
5
Secondary Prevention Specialized Group Systems
for Students with At-Risk Behavior
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Primary Prevention School-/Classroom- Wide
Systems for All Students, Staff, Settings
80 of Students
NEA IDEA Special Education Resource
Cadre
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Tertiary Prevention Specialized
Individualized Systems for Students with
High-Risk Behavior
CONTINUUM OF SCHOOL-WIDE INSTRUCTIONAL
POSITIVE BEHAVIOR SUPPORT
5
Secondary Prevention Specialized Group Systems
for Students with At-Risk Behavior
15
Primary Prevention School-/Classroom- Wide
Systems for All Students, Staff, Settings
80 of Students
NEA IDEA Special Education Resource
Cadre
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Primary prevention strategies

• School-Wide Expectations
• Classroom Expectations
• Physical Environment Arrangement
• Schedules, Routines, and Limits
• Academic Engagement
• Positive Adult-to-Student Interactions

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• BLANK

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Secondary Prevention
is not continuing down the same old track with
new strategies for controlling behavior
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• BLANK

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Secondary prevention strategies

• Social skills instruction
• Practice in real-life situations
• Rewards for appropriate behavior
• Multiple instructional techniques
• Differentiated instruction

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Tertiary prevention

• Functional behavior assessments
• Positive behavior intervention plans
• Highly individualized supports comprehensive and
  coordinated with other community support services

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Conducting an FBA

• Clarify the behavior
• Determine antecedents
• Identify current consequences
• Collect baseline data
• Develop hypothesis
• Test your hypothesis

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Developing a BIP

• Determine replacement behaviors
• Identify environmental or setting changes
• Describe necessary prompts or conditions
• Define strategies
• Prepare for when things go wrong
• Specify reinforcement
• Collect data to evaluate the plan

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IDEA 04 and discipline

• Short- and long-term removals
• Services during removal
• Change of placement
• Manifestation of disability
• Interim alternative education setting
• Hearing rights
• Reporting to law enforcement
• Basis of knowledge

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Removals

• Short-term
• Ten or less consecutive school days
• May remove again if separate incident
• Same consequences as general education
• Long-term
• Exceeding 10 consecutive school days
• Not manifestation same consequences as general
  education
• Provide services

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Services during removal

• Educational services, provide opportunity to
• Continue to participate in general education
  curriculum
• Progress toward meeting goals of IEP
• Behavioral services, as appropriate
• Functional behavioral assessment
• Behavioral intervention plan
• Determined by
• Short-term school personnel and teacher
• Long-term IEP team

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Change of placement

• More than 10 consecutive days -or-
• Series of removals that constitute a pattern
• Accumulate to more than 10 days
• Behaviors of incidents are similar
• Length, total days, and proximity of removals

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Manifestation Determination

• Within 10 school days of a change of placement
  for code of conduct violation
• Questions to be answered
• Was behavior caused by or did it have a direct
  and substantial relationship to disability?
• Was behavior the direct result of failure to
  implement the IEP?

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Behavior is manifestation

• If no current FBA/BIP for this behavior
• Conduct FBA
• Implement BIP
• If FBA and BIP in place for this behavior
• Review recent FBA data
• Review/modify current BIP
• Return to placement -or- change placement as
  modification of BIP

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Behavior is not manifestation

• Disciplined same as children without disabilities
• Educational services provided no later than 11th
  day of removal

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Interim Alternative Educational Setting (IAES)

• Student may be placed by school personnel in an
  appropriate IAES for not more than 45 school days
  if
• Student carries weapon
• Student knowingly uses or sells illegal
  drugs/controlled substances
• Student causes serious bodily injury
• at school or school function

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Serious Bodily Injury

• A bodily injury that involves a substantial risk
  of death, extreme physical pain, protracted and
  obvious disfigurement, or protracted loss or
  impairment of a bodily member, organ or mental
  faculty.
• - 20 U.C.S. 1365(h)(3) -

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Hearing rights

• Parent may file when disagreeing
• Placement decision
• Manifestation determination decision
• LEA may file if believe current placement likely
  to result in injury to child or others

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Hearing rights

• Hearing officer may
• Return to current placement
• Order change of placement
• Expedited hearing when issue is behavior
• Resolution meeting within 7 days
• Hearing within 20 school days
• Hearing officer decision within 10 school days

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Violation of Code of Conduct
or
Weapon, drugs,
serious bodily injury
Any except weapon, drugs, serious bodily injury
or
1-10 school days
11 school days
Up to 45 school days
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Reporting to law enforcement and justice
system

• Report crime
• Transmit records
• Special education
• Discipline
• Attend to FERPA

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Basis of knowledge

• Treated as child with disability if
• Written concern to administration or teacher
• Parent request for evaluation
• Teacher or other personnel express concern
  regarding pattern of behavior to director of
  special education or other supervisory personnel
• Not treated as child with disability if
• Parent previously not allow evaluation
• Evaluation completed and not eligible for
  services

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Web Resources

• National Education Association www.nea.org
• American Federation of Teachers www.aft.org
• National Association of School Psychologists
  www.nasponline.org
• Center for Positive Behavioral Intervention and
  Support www.pbis.org
• Center for Effective Collaboration and Practice
  www.air-dc.org/cecp/cecp.html
• National Dissemination Center for Children with
  Disabilities (NICHCY) www.nichcy.org

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Reflecting on the content

• Comments
• Questions ???
• Ahas !!!