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Dealing Positively with Antisocial Behaviors

Dealing Positively with Antisocial Behaviors. Presented by: Daniel R. Martin. Taken from the November 1989 Issue of Principal , Vol. 69, No. 2. Authority to Control Conduct.

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Dealing Positively with Antisocial Behaviors

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  1. Dealing Positively with Antisocial Behaviors Presented by: Daniel R. Martin

  2. Taken from the November 1989 Issue of Principal, Vol. 69, No. 2

  3. Authority to Control Conduct • School authorities "have both the inherent and the statutory power to maintain order and discipline in the schools and to exclude from the student body those who are detrimental to such body and whose conduct is inimical to the exercise of the institution’s scholastic function." • See Davis v. Ann Arbor Public Schools, 313 F.Supp. 1217 (ED Mich, 1970).

  4. Authority to Control Conduct • Revised School Code • Educate pupils and provide for their safety and welfare • MCL 380.11a(3) • Adopt and enforce code of student conduct • MCL 380.1312(8)

  5. Limitations on Control • “Vigilant protection of constitutional freedom is nowhere more vital than in the community of American schools.” • Keyishian v Board of Regents, 385 US 589 (1967) • “It hardly can be argued that either students or teachers shed their constitutional right[s] . . . at the school house gates.” • Tinker v. Des Moines Ind. Com. Sch. Dist.,393 U.S. 503 (1969)

  6. Limitations on Disciplinary Authority • Constitutional Limits • First Amendment • Speech / Press / Religion • Fourth Amendment • Search & Seizure • Due Process

  7. Limitations on Disciplinary Authority • Statutory Limits • IDEA • Change of Placement / Manifestation Determination • FBA/BIP • Modified FAPE • Corporal Punishment • Seclusion and Restraint

  8. Zero Tolerance Policies • Mandatory Permanent Expulsions • Dangerous Weapons • Arson • Criminal Sexual Conduct • Physical Assault on School Personnel • Mandatory Suspension or Expulsion • Verbal Assault on School Personnel • Bomb Threats

  9. State Board of Education • Researchers have found no evidence that zero tolerance policies make schools safer or improve student behavior. • Studies suggest that overuse of suspensions and expulsions may actually increase likelihood of later criminal misconduct. • Students subject to suspension and expulsion are isolated from learning environments.

  10. State Board of Education • Review existing zero-tolerance policies that are above and beyond those required in law • Limit number of offenses mandating suspension and referral to law enforcement • directly related to safety of students and personnel • Reserve removing a child from an educational opportunity for the most serious infractions • not used as discipline for minor occurrences

  11. State Board of Education • Implement or expand use of proven alternative behavior management strategies that allow educators to address disciplinary matters correctively, rather than punitively, reducing suspensions • restorative practices, • positive behavior supports, and • peer mediation

  12. Positive Behavior Supports - FBAs & BIPs Everyone Counts! Including those who engage in antisocial behaviors.

  13. State Policy • Everydistrict must implement system of school-wide positive behavior support strategies

  14. MDE PBS Policy & Guidance “A ... data-based effort that concentrates on adjusting the system that supports the student. Such a system is implemented by collaborative, school-based teams using person-centered planning.” • Implementation Guide 2008

  15. School Wide PBS: 3-Tiered Model

  16. IDEA Reqts – Proactive / IEP • If child’s behavior interferes with his/her learning or learning of others, then as part of the development of IEP the IEP Team must • consider use of positive behavioral interventions and supports and other strategies to address that behavior • 20 USC §1414(d)(3)(B)(i) • 34 CFR § 300.324(a)(2)

  17. IDEA Reqts – Reactive / Discipline • As part of discipline process, when misconduct is determined a manifestation of student’s disability, IEP Team must either • If no FBA or BIP, conduct FBA and implement BIP; or • If the student has a BIP, review and modify it as necessary to address behavior • §1415(k)(1)(F)(i) • 34 CFR § 300.530(f)(1)

  18. IDEA Reqts – Reactive / Discipline • Student must receive “as appropriate” an FBA, BIS and “modifications” designed to address behavior violation so it does not recur • When suspended in excess of 10 consecutive school days, or • When placed in an IAES • 20 USC §1415(k)(1)(D)(ii) • 34 CFR § 300.530(d)(ii) • See Q&A on Discipline – Q E-2

  19. MDE Discipline Procedures • If manifestation, then: • Immediately initiate FBA/BIP process or review an existing FBA/BIP to address the behavior • If not a manifestation, then • Immediately initiate, as appropriate, an FBA and behavioral intervention services and modifications designed to address the behavior violation so that it does not recur, or review an existing FBA/BIP to address the behavior • See, MDE Discipline Procedures 2011, p. 8

  20. MDE Discipline Procedures • Districts must document their process for determining whether a BIP or other behavioral intervention services or modifications are appropriate • MDE recommends using FBA process as documentation of meeting this requirement

  21. Functional Behavioral Assessment (FBA) • Generally, an acceptable FBA: • Defines target behavior • Establishes baseline of behavior frequency • Collects information regarding antecedents • Collects information regarding consequences* of the behavior for the child • Not punishment, but what student gets from behavior

  22. Functional Behavioral Assessments • Key to an appropriate FBA is data • Documentation and data collection are becoming increasingly focused upon in due process hearings • “ABC” data and documentation of interventions must be collected across environments (regular education, special education and other “educational settings”) depending on where the behavior is exhibited • Analysis of data is key to preparing an appropriate BIP • Graph the data and the effects of interventions

  23. When to Perform FBA • In most cases where child’s behavior impedes the learning of self or others and can be readily anticipated to be repetitive, development of IEP will include development of strategies to address that behavior • Danielle G. v New York City BOE, 50 IDELR 247 (ED NY, 2008) • ASD student’s self stimulatory behavior required FBA because it interfered with her learning • See also, Mobile County Board of Ed, 50 IDELR 84 (SEA Al., 2007)

  24. When does one perform an FBA? • When implementing PBS & devising or revising BIPs • school wide or individual • For individual students, you need not conduct FBA or implement BIP when: • behavior no different than typical student for that grade • behavior is not repetitive • Regulatory Rule of Thumb: • where behavior impedes learning of the student or of others, and • behavior is repetitive or readily anticipated to be repetitive

  25. How Do PBS Relate to BIPs? • PBS in the proactive IEP may constitute BIP in reactive/discipline context • Functional behavior assessment is the foundation for both PBS and BIP • P in PBS does not preclude use of negative consequences • BIPs should contain positive components • Existence of BIP referenced in IEP • In certain situations MDE requires the BIP to be “in” the IEP

  26. Who performs the FBA? • IDEA does not require any particular person or any particular qualifications (e.g., a board certified behavior analyst) • Staff who perform FBAs must be prepared and provided adequate training • Such training, provided by the school district working with the state department of ed, may be in-services, technical assistance, etc. • Letter to Janssen, 108 LRP 65830 (OSEP 2008)

  27. Who performs the FBA? • State guidance document on Implementing PBS recommends a team, including: • Student’s teacher • Parents • Student • Support staff • Administrators • Outside providers

  28. Consent for FBA • Letter to Christiansen, 47 IDELR 161 (OSEP 2007) • FBA may be an evaluation which requires consent if it is used to determine whether a child has a disability, or the extent of special education or related services • No consent required if used for school wide PBS

  29. Independent Educational Evaluations • Harris v District of Columbia Public Schools, 50 IDELR 194 (DC, 2008) • FBA is an “educational evaluation” • “Evaluation” is a procedure to determine the specialized instruction or related services a student needs • Integral in determining the behavioral needs of the student • Parent is entitled to IEE if they disagree with an evaluation obtained by the school • Since FBA is an “evaluation” parent is entitled to an IEE on the FBA if disagree

  30. Steps in Behavior Intervention Plans (BIPs) • Consider assessment information • Make hypothesis regarding behavior • Devise BIP • Target and replacement behaviors • Environmental supports • Train Staff • Collect Data • Review & Revise BIP as necessary

  31. BIP Content • More than one way to devise a BIP • IEP itself could lay out elements of positive behavior support that could constitute a BIP • Separate written document may set forth positive supports, replacement behaviors to be taught, intervention strategies and response strategies • PBS and BIPs are process as well as product • Good implementation requires good documentation • Data tells you when to review and revise

  32. BIP Content • Generally, if district followed process and implemented a BIP, Courts will not second guess the content / strategies of the BIP • Alex R. v Forrestville Valley Community School Unit, 41 IDELR 146 (7th Cir., 2004) • Neither Congress nor US Department of Ed created any specific substantive requirements for the BIP • As long as BIP reasonable (i.e., reasonably calculated) a court will not create substantive requirements for BIP

  33. Elements of a BIP • Identify Target Behavior • Identify Replacement Behaviors • Identify Strategies • Environmental modifications/accommodations • Proactive interventions/redirection • Identify Rewards • Identify Consequences

  34. BIP in a Separate Written Document? • School Bd of Independent School District No. 11, 106 LRP 15941 (8th Cir., 2006) • Held neither state nor federal law required the behavior plan to be in writing • The District staff had documented interventions • District staff responded to behavioral incidents with set procedures • Student made progress

  35. BIP in the IEP • Neither the IDEA nor its implementing regulations require the BIP to be in the IEP • While a district may choose to do so, it is not required under IDEA or Part B regs • Letter to Huefner, 23 IDELR 1072 (OSEP 1995). • However, best practice includes developing, reviewing, implementing and documenting a BIP as part of the IEP process • Compare MDE Discipline Manual • To exclude the removal as a count day, removal must be in BIP and BIP must be in IEP

  36. MDE Discipline Procedures • II.G. Removal Part of Behavior Plan 1. If a removal from school is written into a behavior plan that is part of the student’s IEP …, the removal does not count as days of removal for disciplinary reasons. However, those days are counted as suspension for IDEA reporting purposes in MSDS. * * * 3. When a removal from school is written into a behavior plan that is not part of the student’s IEP, the removal counts toward the days of removal for disciplinary reasons and the days are counted as suspension for IDEA reporting purposes in MSDS.

  37. MDE Discipline Procedures • For BIP to be considered part of IEP a. BIP must be explicitly written in the IEP MDE recommends that BIPs be written in the Supplementary Aids and Services or Special Factors section of IEP, and include the time, frequency, condition, and location for implementation of the BIP b. The district must convene an IEP or develop an amendment to change the BIP c. If removal is part of the BIP, Procedural Safeguards should be provided to the parent

  38. Aversives in the BIP? • Generally, Positive Behavior Supports does not mean that the BIP may not have negative consequences • However, the majority of a well designed BIP will focus on the teaching aspect of behavior modification • i.e., on teaching replacement behavior, not on the consequences for the behavior

  39. Aversives in the BIP not prohibited • OSEP clarified that IDEA does not expressly prohibit the use of aversive behavioral interventions • Letter to Anonymous, 50 IDELR 228 (OSEP 2008) • Must also look to state law, as state law may establish additional requirements • Letter to Trader, 48 IDELR 47 (OSEP 2006)

  40. Seclusion & Restraint Standards • Applies to use of Seclusion or Restraint with ALL students • Students with and without disabilities • must be undertaken only by trained personnel & as a last resort

  41. Prohibited uses • May not be utilized • for the convenience of staff • as a substitute for an educational program • as a form of discipline or punishment • as a substitute for less restrictive alternatives • as a substitute for adequate staffing • as a substitute for staff training in PBS and crisis prevention and intervention

  42. Training • Personnel must have training • Awareness training to “the broader educational community” • Including “pre-service” training for all teachers • Awareness training for substitute teachers • Comprehensive training for “key identified personnel”

  43. Emergency Exclusion • “Emergency seclusion” is only appropriate where an emergency exists and seclusion is essential. Seclusion may be appropriate where: • the behavior poses an “imminent risk to the safety of the individual student” or others • A behavior that requires immediate intervention constitutes an “emergency” • Seclusion is not appropriate for students who exhibit self-injurious behavior or are suicidal

  44. Three Types of Restraint • Physical • direct physical contact that prevents or significantly restricts a student's movement • Chemical • administration of medication for purpose of restraint • Mechanical • use of any device or material attached to or adjacent to student’s body that restricts normal freedom of movement and which cannot be easily removed by student

  45. Other prohibited practices • Prone restraints • Restraints that negatively impact breathing • Corporal punishment • Deprivation of basic needs • Anything constituting child abuse • Intentional use of noxious substance(s) or stimuli which results in physical pain or extreme discomfort

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