1. Overview of Special Education Laws and Regulations
IDEA (Individuals with Disabilities Education Act):
FAPE (Free Appropriate Public Education): Students with disabilities are entitled to FAPE, which means that behavior interventions must be tailored to meet their unique needs, ensuring they can access the general education curriculum.
IEP (Individualized Education Program): IDEA requires that a student's behavior be addressed through their IEP if it impacts their learning or the learning of others. IEP teams must develop specific interventions for behavior.
Behavior as Part of the IEP: IDEA mandates that when a child’s behavior is an issue, it must be directly addressed in their IEP. This might include a Behavior Intervention Plan (BIP), accommodations, or modifications to support the student’s behavioral needs in the educational setting.
Section 504 of the Rehabilitation Act:
Non-Discrimination and Accommodations: Section 504 ensures that students with disabilities are not discriminated against and are provided with necessary accommodations to ensure equal access to education. This includes modifying behavior expectations and providing appropriate interventions when needed.
Behavioral Supports: For students with disabilities under Section 504, schools are required to provide behavioral supports that are necessary for the student to succeed, whether that means additional time, alternative ways of learning, or a modified discipline plan.
ADA (Americans with Disabilities Act):
The ADA reinforces protections for students with disabilities, mandating that they receive necessary services and behavioral interventions to participate fully in educational activities.
Accessibility: Schools must ensure that students with disabilities have access to all parts of the school day, including behavior management programs, by providing reasonable accommodations and modifications.
2. Functional Behavioral Assessment (FBA)
Purpose of the FBA: The FBA is a process that helps identify the causes or triggers of a student's behavior. It looks into the environmental, social, and emotional factors that contribute to behavior issues, with the goal of finding the function (purpose) of the behavior.
When is an FBA required?: IDEA mandates an FBA when a student's behavior is disrupting their ability to learn or is interfering with others' ability to learn, especially if the student’s behavior has resulted in repeated discipline actions (e.g., suspension).
Steps in Conducting an FBA:
Data Collection: Gathering information through interviews, observations, and review of records to understand the circumstances surrounding the behavior.
Behavioral Analysis: Identifying the antecedents (what happens before the behavior), the behavior itself (what the student does), and the consequences (what happens afterward).
Hypothesis: Forming a hypothesis about the function of the behavior (e.g., to gain attention, escape a task, obtain an item, or self-regulate).
Using FBA Results: The FBA results are used to create a targeted, individualized intervention plan (BIP) that addresses the root cause of the behavior.
3. Behavior Intervention Plans (BIP)
What is a BIP?: A BIP is a written plan developed by the IEP team (including the teacher, parents, and specialists) to address challenging behaviors. It outlines specific strategies for improving behavior, teaching appropriate replacement behaviors, and modifying the environment.
Legal Requirements for BIPs:
IDEA requires that a BIP be developed when a student’s behavior is a result of their disability and interferes with their education.
The BIP should be based on the findings from the FBA and should include:
Clear Goals: Specific, measurable goals for behavior change.
Proactive Strategies: Steps to prevent the occurrence of problem behaviors (e.g., changing the environment, providing more structure).
Teaching Replacement Behaviors: Strategies to teach students alternative, positive behaviors to replace negative behaviors.
Data Collection: Methods to track progress, measure the effectiveness of the plan, and adjust strategies as needed.
Review and Update: BIPs should be reviewed regularly (at least annually, or more frequently if necessary) and updated based on progress or changes in the student’s needs.
4. Positive Behavioral Interventions and Supports (PBIS)
What is PBIS?: PBIS is a proactive, systems-based approach to behavior management that focuses on teaching students positive behaviors rather than simply punishing inappropriate ones.
Tiered System: PBIS is often structured in three tiers:
Tier 1 (Universal): School-wide strategies that promote positive behavior and a positive school climate.
Tier 2 (Targeted): Group interventions for students who need more support.
Tier 3 (Intensive): Individualized interventions for students with significant behavioral challenges.
Key Elements of PBIS:
Clear Expectations: Setting clear, consistent behavioral expectations across the school.
Recognition and Reinforcement: Acknowledging and rewarding positive behavior consistently.
Data-Driven Decision Making: Using data to identify students who need additional support and to monitor the effectiveness of interventions.
5. Manifestation Determination Review (MDR)
When is MDR Required?: IDEA requires that a Manifestation Determination Review (MDR) be conducted whenever a student with a disability faces suspension for more than 10 cumulative days in a school year or is being considered for expulsion.
Purpose of MDR: The MDR is a review to determine if the behavior leading to disciplinary action is a result of the student’s disability. If it is determined that the behavior is a manifestation of the disability, the student cannot be removed from their current placement, and the IEP team must adjust the student’s behavioral support plan to address the issue.
Key Questions in MDR:
Was the behavior caused by or did it have a direct relationship to the student’s disability?]
Was the student’s IEP or BIP being properly implemented at the time of the behavior?
If the Behavior is a Manifestation: The school must:
Continue providing FAPE, including educational services, while addressing the behavior through the IEP.
Revise the student’s IEP or BIP to better address the behavior.
6. Legal Protections and Rights for Students
Least Restrictive Environment (LRE): IDEA mandates that students with disabilities should be educated in the least restrictive environment, meaning they should spend as much time as possible with their non-disabled peers. Behavior interventions should support this goal and help the student succeed in a general education setting when possible.
Due Process: Parents have the right to be involved in the development of their child’s IEP and BIP. They also have the right to challenge the IEP or BIP through due process hearings if they disagree with the school’s proposed behavior interventions or placement.
7. Best Practices for Educators
Developing Positive Relationships: Building rapport and trust with students is essential for effective behavior management. When students feel valued and understood, they are more likely to engage in positive behaviors.
Consistency and Structure: Provide a predictable environment with clear routines, rules, and expectations. This reduces anxiety and helps students understand what is expected of them.
Use of Data: Regularly collect data on student behavior to evaluate the effectiveness of interventions. This can include frequency counts, behavior logs, or charts that track progress toward behavioral goals.
Collaborating with Specialists: Work closely with school psychologists, behavior analysts, and special education coordinators to design and implement effective behavior plans.
Training and Professional Development: Stay informed about best practices in behavior management, PBIS, and IDEA regulations. Participate in professional development opportunities to improve your knowledge and skills in managing behavior effectively.
8. Resources for Educators
Office of Special Education Programs (OSEP): Provides guidance on the implementation of IDEA and offers technical assistance to educators.
National PBIS Technical Assistance Center: Offers a wide range of resources, including research, training materials, and implementation guides for PBIS.
Parent Training and Information Centers (PTIs): These centers provide information and resources for families to understand their rights and the behavior management processes in special education.