Behavior Problems & Discipline: What parents and teachers need to know

by Sue Whitney and Pam Wright

"Our 11 year old son has autism. His mental functioning is at the level of a very youngchild. Since he was placed with an aide for most of the school day, his aggressive behavior at school increased. He says the aide hurts him. We discussed these problems with the IEP team. They agreed that the aide was the problem."

"Six weeks ago, he cursed the aide. The school filed charges against him for 'sexual misconduct.' He has been at home since. A teacher comes to the house 2 or 3 times a week for about an hour. He receives little or no instruction and none of the related services (speech therapy, occupational therapy) in his IEP. What can we do?"

As the school year winds down, we are receiving many emails from parents and teachers about children who are being suspended, expelled and sent home from school for long periods of time.

An eleven-year old child with autism is charged with sexual misconduct and is suspended from school for six weeks? It is clear that this child's behaviors are symptoms of a larger problem that needs to be addressed. Putting him out of school will not address these problems.

Consult with an Attorney

These parents need to consult with an attorney who has expertise in special education issues. 

Contact your state disability rights organization (Protection & Advocacy system) or an education attorney. Describe your situation in detail. Here are some places to look for an attorney: 

Attorneys by state from the Council of Parent Attorney and Advocates 
Yellow Pages for Kids with Disabilities from Wrightslaw
Special Needs Advocate and Attorney Directory from Education-a-Must

Behavior Issues and Discipline

If you are a parent, teacher or administrator who is dealing with behavior problems or school discipline issues, you need to know about the right to a free appropriate public education, the role of the IEP team, functional behavior assessments, and behavior intervention plans. 

All Children with Disabilities Are Entitled to a Free Appropriate Public Education (FAPE) 

When Congress reauthorized IDEA 2004, they maintained the child's right to a free appropriate public education (FAPE). The law requires the state to have policies and procedures to ensure that a free appropriate public education (FAPE) is available to all children with disabilities ... including children who have been suspended or expelled from school." (20 U.S.C. § 1412(a)(1), see Wrightslaw: Special Education Law, 2nd Edition, page 71)

Developing the IEP

In developing the IEP, the IEP team is required to consider:
* the strengths of the child;
* the concerns of the parents for enhancing the education of their child;
* the results of the initial evaluation or the most recent evaluation of the child;
* the academic, developmental, and functional needs of the child. (20 U.S.C. § 1414(d)(3)(A), see Wrightslaw: Special Education Law, 2nd Edition, page 103)

The child's IEP team is also required to consider "Special Factors" that affect the child's ability to learn:

"In the case of a child whose behavior impedes the child's learning or that of others, consider the use of positive behavior interventions and supports, and other strategies to address that behavior;" (20 U.S.C. § 1414(d)(3)(B), see Wrightslaw: Special Education Law, 2nd Edition, page 103)

Protections (Procedural Safeguards)

IDEA includes safeguards that are designed to protect the rights of children with disabilities and their parents. Read theProcedural Safeguards Notice you received at the last IEP meeting so you understand these rights (you may need to read this Notice several times).

The law about disciplining children with disabilities is in Section 1415(k) (Wrightslaw: Special Education Law, 2nd Edition, pages 118-123). If you have a child who is being disciplined or put out of school, you need to read this section. Use a highlighter and make notes.

In essence, the school "may remove a child who violates a code of student conduct from their current placement to an appropriate interim alternative educational setting, another setting, or suspension for not more than 10 school days." 

If a child is removed from the current placement, the child shall 

(i) "continue to receive educational services ... to enable the child to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child's IEP ..."

(ii) receive, as appropriate, a functional behavioral assessment, behavior intervention services and modifications, that are designed to address the behavior violation so that it does not recur." (Section 1415(k)(1)(D)); see Wrightslaw: Special Education Law, 2nd Edition, page 119)

Manifestation Determination

The IDEA requires that "within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of school conduct ..." the school, "the parent, and relevant members of the IEP Teamshall review all relevant information in the student's file, including the child's IEP, any teacher observations, andany relevant information provided by the parents to determine -

(I) if the conduct in question was caused by, or had a direct and substantial relationship to the child's disability; or

(II) if the conduct in question was the direct result of the local educational agency's failure to implement the IEP.

If the group determines that the child's behavior was a manifestation of the child's disability, the IEP team shall -

(i) conduct a functional behavioral assessment, and implement a behavior intervention plan ...

(ii) in the situation where a behavioral intervention plan has been developed, review the behavioral intervention plan... and modify it, as necessary, to address the behavior; and

(iii) ... return the child to the placement from which the child was removed ..." (20 U.S.C. 1415(k)(1)(F)); seeWrightslaw: Special Education Law, 2nd Edition , page 120) 

Publications and Resources: Behavior and Discipline 

Disciplining Students with Disabilities

"A child runs, out-of-control, down the busy school hallway and punches another child who is quietly waiting in line outside her classroom. She starts to cry while the disruptive child continues down the hall, not responding to the teacher aide's commands to stop."

"Another adult says, 'He's special ed, there's nothing that we can do. You can't send him to detention. I'll tell his teacher.' The aide is frustrated and upset as she comforts the crying child."

What do you think of this scenario?

As Dr. Kevin Dwyer points out, "Nothing in IDEA restricts schools from disciplining children with disabilities. In fact, some contend that if the school does not address a dangerous behavior, the school is not providing the student with special needs with an 'appropriate' education. Children may need specialized services to change the disruptive and dangerous behavior and to make sure that whatever discipline is used works in preventing a reoccurrence of that behavior."

In Disciplining Student with Disabilities (National Association of School Pyschologists, NASP Communique, Vol 26-2), Dr. Dwyer provides practical ideas about how to improve the chances that the child's positive behaviors will increase and negative behaviors will decrease. These concepts can be applied to children with disabilities who have behavior problems and other troubling students.

Functional Behavioral Assessment & Positive Interventions: What Parents Need to Know

Is the child a problem? Does the child have a problem? Is suspension from school "good medicine for bad behavior?" 

In Functional Behavioral Assessment & Positive Interventions: What Parents Need to Know, attorney Dixie Jordan describes strategies parents and teachers can use to assess problem behavior and teach appropriate behavior skills to children.

Download Functional Behavioral Assessment & Positive Interventions: What Parents Need to Know from 
http://www.wrightslaw.com/info/discipl.fba.jordan.pdf

An IEP Team's Introduction to Functional Behavioral Assessment and Behavior Intervention Plans (2nd edition)

The functional behavioral assessment is a problem-solving process for addressing student problem behavior. The functional behavioral assessment identifies the purposes of a specific behavior and helps IEP teams select interventions to address the problem behavior. 

In An IEP Team’s Introduction To Functional Behavioral Assessment and Behavior Intervention Plans, you will learn about:

* IDEA Rights and Requirements; IEP Team Roles and Responsibilities 
* Why a Functional Assessment of Behavior is Important 
* How to Conduct a Functional Behavioral Assessment 
* Identifying the Problem Behavior 
* Alternative Assessment Strategies 
* Techniques for Conducting the Functional Behavioral Assessment 
* Indirect Assessment, Direct Assessment, Data Analysis
* Hypothesis Statement 
* Individuals Who Assess Behavior 
* Behavior Intervention Plans 
* Addressing Skill Deficits & Performance Deficits
* Modifying the Learning Environment & Providing Supports 
* Evaluating the Behavior Intervention Plan

Download An IEP Team’s Introduction To Functional Behavioral Assessment and Behavior Intervention Plans from 
http://www.fape.org/idea/what_idea_is/osher/main.htm

Functional Behavioral Assessments: What? Why? When? Where? Who?

In Functional Behavioral Assessments: What? Why? When? Where? Who? Dr. Stephen Starin describes problem behaviors, functional behavior assessments, environmental manipulation, and qualifications and training of evaluators.

You can download Functional Behavioral Assessments: What? Why? When? Where? Who? fromhttp://www.wrightslaw.com/info/discipl.fab.starin.htm
  
More Resources

Why Johnny Doesn't Behave: Twenty Tips for Measurable BIPs by Barbara Bateman and Annemieke Golly

Why Johnny Doesn't Behave provides useful, concrete tips to help manage behavior, including:
* Make expectations clear 
* Teach expectations 
* Minimize attention for inappropriate behaviors
* Pay attention to behavior you want

One section about Functional Behavior Assessments (FBAs) and Behavioral Intervention Plans (BIPs) includes sample FBAs and BIPs. Parents of children with challenging behaviors may want to order two copies of this book - one for them, and one for the school.

Why Johnny Doesn't Behave is available from Amazon and other online bookstores.

Kids with Behavior Problems: What are schools required to do?

by Pete Wright

Question

One of our students is a 15 year old tenth grader who is diagnosed as "seriously emotionally disturbed." Academically, he is functioning on approximately 2nd grade level. His current placement is 23.5 hours a week in a self-contained classroom, with 7.5 hours in general education - this placement is because of behavior problems.

School problem behaviors include: Cursing, threatening to kill teachers, threatening to kill administrators, fighting with peers, jumped out of moving school bus to fight, spitting on peer. Non-compliant. Total disregard for authority figures. Home behavior includes: Running away, non-compliance, starting fires, threatening adults, threatening to blow up school, etc.

He was placed in residential treatment facility on an emergency basis. Because of insurance issues, he will be released in 48 hours. This placement was done by law enforcement and health agencies after a blow up at home.

School officials have met many times to review placement, goals and needs.

What obligations does the school system have? Must the school continue to provide special education services in the current setting if they believe the student is a danger to himself or others? What if the school has no alternative placement within the system that is appropriate? What about the safety of the other students, teachers, administrators?

A psychological report confirms that the student is a danger, capable of shooting others. This situation is immediate. Please respond.

Answer

School's Legal Obligations

Regarding the school's legal obligations, you should read the U. S. Supreme Court's decision in Honig v. Doe(http://www.wrightslaw.com/law/caselaw/ussupct.honig.doe.htm) that was issued in 1988. The legal citation for Honig v. Doe is 484 U.S. 305.

You will also find Honig v. Doe in our book, Wrightslaw: Special Education Law, 2nd Edition. The facts in Honig are similar to the facts you describe in your case.

But What is Driving Him?

You need to know what is driving this kid to act the way he does. Did he pop out of the womb as an angry vicious young man? Or, did his anger develop slowly over time?

Schools often develop treatment plans (IEPs) without adequately studying the case history and why previous efforts failed or exacerbated the problem. As the kid gets worse, schools (and society) blame the kid, instead of looking at what should have been done and was not done, and what can be done now.

This is why, when I am consulted about a case, I insist on seeing the earliest reports and test data, I read everything in chronological order, pre-school and KG reports first, so I can see how the child evolved and what happened. By the time I get to the end of the very thick file, it all clicks and makes sense. The present situation is absolutely predictable. What to do?

Organize the File

Get the entire file, put it all in chronological order, read through it slowly and carefully. Take all standardized test data, especially subtest data, and make a rough chart of the scores.

If you do this, it will help you see what happened. This will take several hours, but you'll probably have some good answers about what the true problem is --  but probably not the solution. 

Good Diagnostics Before Solutions 

Coming up with the correct solution may require additional testing to narrow down, diagnose, and set up a treatment plan. It is hard work, but this is what it takes to change a child, not just pass the child on to someone else so he becomes their problem.

Shift to the medical model: Assume that you are a medical doctor. You are treating a patient for a cold. Several weeks have passed but your patient's cold hasn't gotten better. Instead, the patient continues to complain, is listless, the cough has worsened. Now, the patient is wheezing. Do you continue with the same treatment? Do you prescribe more cough medicine? Do you do a more thorough diagnostic workup? Do you think the patient coughing willfully? Do you decide that the patient is "choosing" to cough? Do you blame the patient when the situation spirals out of control?

Need to Remediate Skills

Why is this kid functioning at the second grade level after roughly 10 years of education?

How can middle school and high school kids function with second grade skills? 

Why are schools are content with this? 

Why are we surprised when kids erupt after years of frustration and failure? 

Who failed?

Private sector schools like the Kildonan School (http://www.kildonan.org) and Trident Academy(http://www.tridentacademy.com/) take kids whose skills are many years delayed and teach basic reading, writing, spelling, and arithmetic skills. 

If this kid masters these basic skills, he will be able to learn other things through life.

This youngster probably needs to work with someone who is qualified and trained in Orton-Gillingham and can work with him several hours a day, one on one, to jump start his skills.

Many schools are inflexible and cannot or will not provide remediation. Others believe that you cannot remediate an adolescent which is simply not true. 

So another lost angry kid is thrust out into society, takes out his frustrations on others, and is incarcerated.

Has a Functional Behavioral Assessment been completed on this boy?

Read the article on our website by Dr. Steven Starin about Functional Behavioral Assessments. (http://www.wrightslaw.com/advoc/articles/Functional_Behavioral_Assessment_Starin.html)

IEP's for children with behavior issues

by Pat Howey, Paralegal and Advocate

Question: Help! The school had my child with autism arrested. The charges were dismissed but I am afraid this will happen again. What can I do?

Answer: You are wise to think this may happen again. You need to write a letter and request that the IEP team meet to review and revise your child's IEP, in light of the behavior issues that led them to have him arrested. Your letter should include relevant information about your child's history and your concerns. (For more about this, read Preparing for IEP Meetings: Providing Information & Sharing Concerns)

But first, you need to learn what the law requires IEP teams to do when when children with disabilities have behavior problems. 

The IDEA 2004 regulations and commentary to the regulations were published in August 2006. The law, federal regulations and commentary describe what IEP teams must do when a child's behavior "impedes the child's learning or the leading of other children." 

Do not assume that your child's IEP team is knowledgeable about these requirements. 

The questions and answers about the requirements for meeting the needs of children with behavior problems (below) are taken from IDEA 2004, the special education regulations, and the Commentary. 

Note: Wrightslaw: Special Education Law, 2nd Edition includes IDEA 2004 and the special education regulations. You can download the special education regulations and commentary and other resources from IDEA 2004 at Wrightslaw.

If a child’s behavior impedes the child’s learning or that of others, must IEP Teams base positive behavioral interventions and support on a functional behavioral assessment?

Yes. Conducting functional behavioral assessments typically precedes developing positive behavioral intervention strategies.

Does “consideration of special factors” address the behavioral needs of children with disabilities in the IEP process?

Yes. The IEP Team determines whether a child needs positive behavioral interventions and supports. If the behavior of a child impedes the child’s learning or the learning of other children, the IEP Team must consider the use of positive behavioral supports, supports, and other strategies to address that behavior. (20 U.S.C. § 1414(d)(3)(B)(i), 34 C.F.R. § 300.324(a)(2)(i))

If the child's behavior impedes the child's learning or that of others, must the IEP Team develop a plan to address these problem behaviors?

Yes. If the child's behavior impedes his learning or the learning of others, the IEP team must include strategies, including positive behavioral interventions, supports, and other strategies to address that behavior. If the child's behavior that impedes learning is not addressed in the IEP, the IEP Team must review and revise the IEP to ensure that the child receives appropriate positive behavioral interventions and supports and other strategies. (34 C.F.R. § 300.324(a)(2)(i) and 34 C.F.R. § 300.324(a)(3)(i).

Must school districts train teachers regarding the use of positive behavioral interventions and support?

Yes. School districts must provide teachers with high-quality professional development, including the use of scientifically based instructional practices. School districts must ensure that personnel have the skills and knowledge necessary to improve the academic achievement and functional performance of children with disabilities. Each district must ensure that all personnel necessary are appropriately and adequately prepared. (20 U.S.C. § 1412(a)(14), 34 C.F.R. § 300.156) 

Each State must establish and maintain qualifications to ensure that personnel are appropriately and adequately prepared and trained, and have the content knowledge and skills to serve children with disabilities. (20 U.S.C. § 1412(a)(14), 34 C.F.R. § 300.156(a))

Must school districts use research-based positive behavioral supports and systematic and individual research-based interventions when addressing the behavioral needs of children with disabilities in their IEPs?

Yes. School districts must ensure that scientifically based research drives their professional development activities and services. (34 C.F.R. § 300.226(b)(1)) 

The implementation of early intervening services specifically focuses on professional development for teachers and other school staff to enable such personnel to deliver scientifically based academic and behavioral interventions, and providing educational and behavioral evaluations, services, and supports. (20 U.S.C. § 1413(f)(2), 34 C.F.R. § 300.226(b)(1))

The definition of "scientifically based research" is included in the regulations (34 C.F.R. § 300.35). Scientifically based research is referenced in IDEA 2004 (20 U.S.C. § 1411(e)(2)(C)(xi)). The full definition of the term “scientifically based research” includes that a peer-reviewed journal published the research, or that a panel of independent experts through a comparably rigorous, objective, and scientific review approved it.

Must public agencies provide positive behavioral interventions and supports for all children identified as having an emotional disturbance?

No. IEP Teams make decisions on an individual basis for each child. IEP Teams need not consider such interventions, supports, and strategies for a particular group of children, or for all children with a particular disability. IEP Teams mustconsider the use of positive behavioral interventions and supports, and other strategies to address the behavior of a child whose behavior impedes the child’s learning or that of others. (20 U.S.C. 1414(d)(3)(B)(i)), 34 C.F.R. § 300.324(a)(2)(i))

More IEP & IDEA 2004 Resources

Legal Requirements of IEPs, Wrightslaw WebEx Training CD-ROM (1.25 hr training)

IDEA 2004: What You Need to Know About IEPs & IEP Meetings - How did IEPs change under IDEA 2004? What does the law say about developing, reviewing and revising IEPs? Who may be excused from IEP meetings, when, how? When can the child's IEP be changed without an IEP meeting? What services must be provided when a child transfers to a district in the same state? A different state? What are “multi-year IEPs”? 

IDEA 2004: What You Need to Know About IEP Team Members & IEP Team Attendance - Learn about IEP team members and IEP team attendance, when team members may be excused from a meeting, and what parents and the school district must do before a team member may be excused.

IDEA 2004: What You Need to Know about IEPs, Highly Qualified Teachers & Research Based Instruction - Learn about new language in IDEA 2004 that is designed to ensure that children with disabilities are taught by highly qualified teachers and receive research based instruction. This article includes new requirements for personnel training, IEPs, and scientifically based instruction.

10 Tips: How to Use IDEA 2004 to Improve Education for Children with Disabilities - Parent attorney Wayne Steedmanexplains how IDEA 2004 creates a higher standard for a free, appropriate public education and how parents can use NCLB to obtain a better IEP for their children. Learn how to include research based methodology in the IEP and ensure how to that the IEP goals are comprehensive, specific -- and measurable. Wayne advises you about pitfalls to avoid and offers advice about how you can resolve disputes without resorting to a due process hearing - and what you should do if you cannot resolve your dispute.

Behavior as communication

If your child struggles with behavioral issues, we suggest having someone look at communication issues at the same time, especially if the child doesn't have effective communication. Many times the two issues are linked and without addressing both of them, it will be challenging for the child to be successful.

This article explains the relationship in greater detail and offers some suggestions. It is specific tothose with autism, but would apply for any disability where communication is an issue.

Autism: Communication and Behavior Links By Linda Fielding

An inability to effectively use communication can lead to challenging behaviors. Recent literature substantiates the premise that a relationship exists between communicative intent and the function of the behavior. The function of a challenging behavior can usually be determined to be related to one or more of four specific communicative purposes: 1) to obtain attention; 2) to escape or avoid a request, activity, or person; 3) to procure an object (or tangible); and/or 4) to receive sensory feedback (Durand, 1990).

Programming practices for students with autism have also begun to reflect this linkage. Less emphasis is being placed on developing strategies to "manage" behavior while more attention is focusing on interpreting the purpose of the behavior and providing students with additional opportunities to enhance their communicative abilities. It is important to consider that no matter what the age of the individual with autism, teachers can actively plan programs (and offer parents suggestions) which will encourage communication, and perhaps, decrease the occurrence of inappropriate behaviors.

Koegel and Koegel (1995) have suggested four strategies that can be implemented throughout the school day to assist with the development of communication in individuals with autism. The remainder of this article profiles these strategies and provides illustrations of each.

1. Increase awareness of and respond to all communication attempts. In order to accomplish this, teachers must begin to interpret all student actions (and behaviors) as having communicative intent. For example, Sam (a student in your classroom) is sitting on the floor. You ask Sam to go get his coat so the class can go outside. Sam grabs his knees and begins to rock. As opposed to labeling Sam as "noncompliant", perhaps we need to consider that Sam may be telling us that he does not want to go outside today.

2. Teach students with autism that their actions have distinct consequences associated with them. No second guessing the individual! He or she must learn that communication can be used to influence the environment. Kate is moving through the lunch line in the school cafeteria. The vegetable choices for the day are green beans (which she hates) or french fries (her favorite food!). Kate selects the green beans. Instead of being prompted to again choose which vegetable she wants, Kate should be given the green beans. If she screams or pushes them away she has communicated that she does not want them and should then be given an opportunity to choose another item.

3. Provide positive supports and learning opportunities. Identify and arrange communication opportunities in natural contexts throughout the school day. Sabotage the environment! Create circumstances which stimulate communication. For example, hide Sarah's favorite drum in the closet, "forget" to pour Justin's juice at snack time, "lose" Tommy's knapsack before it's time to go home, or give Ashley the incorrect amount of change needed to purchase a soda from a vending machine.

4. Encourage interactions by providing individuals with autism the opportunity to socialize in environments with age-appropriate peers. The experience of participating in a social group is essential to developing social-communicative skills. Exposing children with autism to situations in which good communication and social skills are modeled may assist with developing more appropriate interactive behaviors. Engaging in communicative interactions helps to teach students that positive outcomes can occur through communication.

By employing these communication strategies, will all challenging behaviors in individuals with autism be eliminated? Probably not. But by increasing a student's understanding and use of communication, we can reduce his/her use of challenging behaviors to "get their message across".

If you found this post helpful, tell others by using the "share this" button below the post.