Let’s Talk About Disabilities and Discipline in Schools.
An Empowered 2 Advocate Podcast Three Part Series on the Rights of Children with Disabilities in Relation to Discipline and School Behavior
As children, their parents, and school teams settle into the new year we are seeing an increase in folks reaching out to us at Empowered 2 Advocate to talk about behavior and the ways that their school team is (or is not) responding to their child’s behavior. We are also hearing from parents with questions about school discipline, consequences, and their child’s individual plan.
You might be thinking to yourself that this does not necessarily apply to you but when we talk about behavior and discipline we are casting a wide net. We encourage you to stick with us and see if anything below (or on the episodes of the Empowered 2 Advocate Podcast Season 3, Episodes 6, 7, 8 linked throughout this blog post) resonates.
Some examples of scenarios that are covered under this umbrella (and that we see often) include but are not limited to:
Your child’s school team asks you to pick them up part way through the day at least once a week due to their behavior.
Your child attends an independent or private preschool that is not equipped to support their behavioral needs.
Your child is not on an IEP but has been suspended from school multiple times and you suspect that they have a disability that is contributing to their challenges in school.
Your child has had the support of an IEP and a Behavior Intervention Plan for as long as you can remember, but it no longer seems to be working.
You suspect that the school is not taking behavior data for your child who has a positive behavior support plan.
Your child experiences challenging behaviors but you cannot remember the last time a Functional Behavior Assessment was completed.
And more.
In this blog, we will give you some snapshots of the facts and the law in relation to school discipline, some things to keep in mind if you are having difficulty, some data that highlights the need for action when it comes to children with disabilities and discipline, and then some things you can do right away if you have concerns with how your own child’s school is implementing behavioral interventions and strategies.
THE FACTS AND THE LAW:
All children with disabilities enrolled in a public school are entitled to FAPE (Free Appropriate Public Education) which includes behavioral support and addressing the behavioral needs of children with disabilities.
IDEA requires school/IEP teams to use positive behavioral interventions and supports when a child’s disability is impeding their or other children's access to learning.
A school must conduct an initial evaluation of a child when they suspect that the student needs special education services and accommodations due to a disability (which includes when a pattern of behavior suggests a disability). This should be done even if the parent or caregiver did not initiate the process to begin with.
While IDEA does not prohibit a school from discipling a child with an IEP or disability, it does lay out specific guidelines for any disciplinary action that would change a child’s placement (including suspension and expulsion).
A disciplinary change of placement is considered when a child is removed from their current placement for more than 10 days in a row OR if there has been an ongoing school year pattern that results in more than 10 days in that school year.
A manifestation determination meeting must be held when the school proposes to change the child’s placement based on a breach of the school’s code of conduct.
Did you know?
“Informal exclusions” count (especially if a parent or caregiver did not agree to them). This includes but is not limited to a shortened day or a school having a parent pick up their child early often.
If a child already has a behavior intervention plan (often called a BIP or a PBSP), and there are repeated challenging behaviors, the IEP team MUST reconvene to discuss the current plan if its being implemented with fidelity and consistency, and what changes can and should be made to support the child.
It may be necessary for a BCBA to conduct an updated FBA (Functional Behavior Assessment) to help determine the function of the behavior and the most appropriate interventions and strategies.
If a parent or caregiver does not agree with the school district’s determination during a manifestation determination, there are rights they can exercise as a part of their procedural safeguards (including mediation or a due process hearing).
Some Important Data Related to School Discipline and IDEA (OSEP DCL 22-01/17-18 school year):
Preschool students served under IDEA accounted for 22.7 percent of total preschool enrollment but 66.9 percent of preschool students who were expelled.
School-age students with disabilities served under IDEA represented 13.2 percent of total student enrollment but received 20.5 percent of one or more in-school suspensions and 24.5 of one or more out of school suspensions.
Students with disabilities served under IDEA made up 80.2 percent of students subjected to physical restraint and 77.3 percent of students subjected to seclusion, despite making up only 13.2 percent of students enrolled in public schools.
If any of this resonates with you or you are looking for some actionable items, read on....
Some things you can do now if you have concerns:
Ask for the data! Especially if your child already has a behavior support plan in place, do not be afraid to ask for periodic data (every 2 weeks is appropriate while you are closely monitoring). This can help you to see patterns and understand what your child’s day looks like.
Open the lines of communication. There is nothing worse than being blind sided in an IEP meeting. If you are able, open the lines of communication with your child’s teacher and/or BCBA. Ask them to inform you when a new or unexpected behavior occurs or when they are starting to see an uptick (or decrease!) This can help you to have a more nuanced understanding AND avoid being caught off guard in a meeting.
Ask to reconvene the IEP team. You do NOT have to wait for an annual review or a reevaluation to talk about your concerns and ask questions. Reach out to your child’s liaison and ask to get the team together while the school year is still new.
If you are interested in reading more, the Department of Education and Valerie Williams (Director of the Office of Special Education Programs) has a recent blog series that highlights the real need to have more robust conversations about school discipline (especially for children with disabilities).
5. And if you have specific questions about your own child, please reach out and schedule a free consultation with us. We can support you with understanding your rights and the next steps.
6. Tune into our special 3 part series about behavior and discipline and the rights of students with disabilities on the Empowered 2 Advocate Podcast, Season 3, Episodes 6, 7, 8 all highlighted and linked below!
Season 3, Episode 6: Unpacking Behavior Support, School Discipline and the Rights of Children with Disabilities.
In this first episode of a series on behavior, school discipline, and the rights of children with disabilities, Dana Marie brings listeners through 5 Frequently Asked Questions we receive as advocates and parent coaches. She shares some tangible next steps with parents and caregivers who may be wondering:
what to do if your child is experiencing challenging behaviors but is not on an IEP.
what to do if you think your child needs an updated behavior plan.
what to do next if the school keeps calling you to pick up your child early.
and more.
Season 3, Episode 7: FBAs, BCBAs, BIPs - Oh My!
Whew! There are a TON of abbreviations, acronyms and just fancy lingo that is specialized to the world of education that gets tossed around at meetings and on the internet. For parents (and even educators!) this can become confusing, overwhelming and make it super challenging to fully participate in your child's meetings and conversations.
In this part 2 of our 3 part series on behavior, we are dialing in our focus to chat about Functional Behavior Assessments (FBAs), Board Certified Behavior Analysis's (BCBAs) and Behavior Intervention Plans (BIPs), also referred to as Positive Behavior Support Plans (PBSPs).
We discuss:
The four functions of behavior
What an FBA actually is
Who completes a behavior assessment
Giving consent for an FBA
What happens after an FBA is created
Data collection and analysis
Creation of a behavior plan
Adjustments to behavior plans
Progress reports
And more!
Be sure to also turn into our episode with Karyn Roy, BCBA from last season HERE:
Season 3, Episode 8: Can the School Request I Pick My Child Up Early?
Buckle in for the third and final part of the Empowered 2 Advocate special 3 episode series about school behavior and discipline!
Be sure to go back and listen to the first episodes in this series if you have not already listened!
In this episode we discuss:
* Informal removals: what does this mean? Why are they problematic?
* Is it ok to have the school requesting you pick your child up early? What happens if this is occurring often?
* The difference between an informal removal and a team determined need for a shortened school day to receive FAPE.
* What do we suggest you do if you are being called for an informal removal?
* What is a formal removal?
* Can students with disabilities be suspended?
* What happens when a student with a disability is suspended 10 or more days?
* The should a caregiver request a team meeting in relation behavior?
* What is a manifestation determination? Who should be present? What is discussed? What is determined at these meetings and what happens next?
* Importance of requesting information in writing and any incident reports so that you are fully aware of what is occurring at school in relation to behavior and discipline.
* Preschool and daycare behavior regulations and your preschool child's rights.
* The difference between rules that public preschools and private preschools are required to followed in relation to behavior, discipline and safeguards for students with disabilities who are in preschool.
* The power of documentation! Keeping your documents and information organized and at your fingertips!
Resources referenced by Dana Marie in today's episode:
Why Informal Removals Matter
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