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Disciplining The Special Education Student BY: Beverly Rickhoff

Disciplining The Special Education Student BY: Beverly Rickhoff. In The Beginning…Things Were Civilized. No Manifestation Determination Meetings No Behavior Intervention Plans No Functional Behavior Assessments No 10 Day Removal Periods. However….

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Disciplining The Special Education Student BY: Beverly Rickhoff

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  1. Disciplining The Special Education Student BY: Beverly Rickhoff

  2. In The Beginning…Things Were Civilized • No Manifestation Determination Meetings • No Behavior Intervention Plans • No Functional Behavior Assessments • No 10 Day Removal Periods

  3. However… • Some students whose behavior was impacted by their disability were being punished at school for behavior that was essentially being caused by the disability

  4. Examples of Disabilities That Might Impact Behavior: • Emotionally disturbed • Autistic • Mentally Retarded • OHI (ADHD; Obsessive Compulsive) • What About: • LD

  5. Here are some recently developed disorders that affect behavior -- • TSFMOG (Too Smart For My Own Good) • WhWhHD (What I Want, When I Want, How I Want Disorder) • MBAPOI (Mama’s Boy And Proud Of It)

  6. Most Discipline Begins With Regular Education… • Student Code of Conduct • Mandatory document that sets forth standards of conduct

  7. IDEA 2004: A Return to Civilization? • Now only 2 questions to ask at MDRs • Was the conduct in question caused by, or did it have a direct and substantial relationship to, the child’s disability? OR • Was the conduct in question the direct result of the school district’s failure to implement the student’s IEP?

  8. When there’s a manifestation • The school must conduct a functional behavior assessment and develop a behavior intervention plan, OR • If the student already has a BIP, return the child to the placement from which the child was removed, unless the parent and school agree to a change of placement as part of the modification of the BIP

  9. When there’s NOT a manifestation • The student is still entitled to FAPE (I.e., appropriate services), but it may be provided in the DAEP

  10. Functional Behavior Plan • As soon as practicable after completing assessments, convene ARD to develop BIP • OR • Review the data that the ARD Committee already has • Listen to the parents, teachers…Ask questions…when, why, where, who, what, how?

  11. Behavior Intervention Plan • Use the FBA to develop the BIP • Predictable problems areas • Modify environment • Document in order to analyze • BIP should be designed to allow the student to participate to a greater extent in the regular education setting or in a less restrictive setting.

  12. More considerations for the FBA/BIP… • When does the student have difficulties with impulsivity? • …experience emotional confusion? • …have to make numerous choices? • …have to rely on their own judgment? • Can the student shift easily from one activity to another? • What else?

  13. MORE ON THE ANATOMY OF A BIP • Proactive discipline: anticipate behavior problems or difficulties and try to prevent them • Try to identify predictable problems (e.g., outburst) • Modify the environment to minimize disruptive behavior • Documentation to analyze behavior problems

  14. What Do We Do First? • Notify the parents of the decision to remove the student to an alternative setting the day that the decision to take action is made AND • Convene an ARD meeting (MDR) immediately, but no later than 10 days after the decision for removal is made.

  15. The Proper MDR • Must consider all relevant information, • Including evaluation and diagnostic results, • Information supplied by the parents, • Observations of the child, and • The IEP and placement.

  16. A Bright IDEA! • Federal Law says that regardless of whether the MDR finds a link….a student who commits drug, weapons, or SBI offense can be removed for 45 school days

  17. SBI Means “Serious Bodily Injury” • School personnel may remove a student to the DAEP for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child’s disability where the child has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function

  18. HO Decisions Relating to Discipline • A few general words about DP hearings related to discipline • George S. b/n/f Martha S. v. Webb CISD; Docket No. 021-SE-0903 • Daylan J-H b/n/f Jeanette H. v. Lancaster ISD; Docket No. 172-SE-0205

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