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Developed by Contra Costa SELPA 2003-2004 IMPROVING STUDENT BEHAVIOR IMPROVING STUDENT BEHAVIOR A Framework for Looking at Behavior Change.

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Presentation on theme: "Developed by Contra Costa SELPA 2003-2004 IMPROVING STUDENT BEHAVIOR IMPROVING STUDENT BEHAVIOR A Framework for Looking at Behavior Change."— Presentation transcript:

1 Developed by Contra Costa SELPA 2003-2004 IMPROVING STUDENT BEHAVIOR IMPROVING STUDENT BEHAVIOR A Framework for Looking at Behavior Change

2 Behavior Planning Options 2/8/02 2 Facilitated by Contra Costa SELPA Staff

3 Behavior Planning Options 2/8/02 3 Purpose The purpose of this training is to inform parents and staff of the options available under federal and state law to address behavior issues.

4 Behavior Planning Options 2/8/02 4 Agenda Changing Our Thinking About Behavior Foundations for Improved Social Behavior Classroom Instructional Adaptations of Curriculum Requirements Classroom Management Systems Instructional Goals in Social Skills Areas Positive Behavior Support Plan Functional Analysis Assessment & PBI Plan More Restrictive Environments

5 Behavior Planning Options 2/8/02 5 Changing Our Thinking About Behavior Behavior is communication Behavior is related to the context in which it occurs Particular behavior is the best choice available to the student at that time in that context Appropriate behavior needs to be taught like any other skill Improving student behavior is everyone’s responsibility

6 Behavior Planning Options 2/8/02 6 Classroom Instructional Adaptation of Curriculum Requirements Classroom Management System Instructional Goals in Social Skills Areas Positive Behavior Support Plan Functional Analysis Assessment & PBI Plan (Hughes Bill) More Restrictive Environment Supportive School Climate and Attitude Toward Student Diversity Engaging Curriculum Presented at Instructional Level of Student

7 Behavior Planning Options 2/8/02 7 Foundations for Improved Social Behavior Start with the basics: – Supportive school climate – Commitment to the success of all students – Shared responsibility for improving behavior – An engaging Curriculum presented at the Instructional level of the student Interventions built on these foundations are more likely to succeed.

8 Behavior Planning Options 2/8/02 8 Curriculum Catastrophes Too difficult Too dull Too confusing Too much Directions poorly explained Too little help available No context (irrelevant)

9 Behavior Planning Options 2/8/02 9 Teach Social Skills Within Academic Lessons Note necessary skills and rationale Model use of skills Role play or practice Give positive feedback Note possible consequences of not using skill

10 Behavior Planning Options 2/8/02 10 Supportive School Climate and Attitude Toward Student Diversity Engaging Curriculum Presented at Instructional Level of Student Classroom Instructional Adaptation of Curriculum Requirements Classroom Management System Instructional Goals in Social Skills Areas Positive Behavior Support Plan Functional Analysis Assessment & PBI Plan (Hughes Bill) More Restrictive Environment

11 Behavior Planning Options 2/8/02 11 Curriculum Adaptations Accommodations and Modifications improve student behavior by increasing student success. Can be done for any student at any level. Require some preplanning. May or may not fundamentally alter standards.

12 Behavior Planning Options 2/8/02 12 Supportive School Climate and Attitude Toward Student Diversity Engaging Curriculum Presented at Instructional Level of Student Classroom Instructional Adaptation of Curriculum Requirements Classroom Management System Instructional Goals in Social Skills Areas Positive Behavior Support Plan Functional Analysis Assessment & PBI Plan (Hughes Bill) More Restrictive Environment

13 Behavior Planning Options 2/8/02 13 Classroom Management Systems Simple Clear consequences and rewards Frequent reinforcement Cooperative, not competitive Everyone contributes to earning classroom rewards Avoid “Free Time” rewards

14 Behavior Planning Options 2/8/02 14 Supportive School Climate and Attitude Toward Student Diversity Engaging Curriculum Presented at Instructional Level of Student Classroom Instructional Adaptation of Curriculum Requirements Classroom Management System Instructional Goals in Social Skills Areas Positive Behavior Support Plan Functional Analysis Assessment PBI Plan (Hughes Bill) More Restrictive Environment

15 Behavior Planning Options 2/8/02 15 Instructional Goals To be developed for every student whose behavior interferes with his/her learning or the learning of others Implementation across all settings and all staff Specific, measurable and obtainable in one year

16 Behavior Planning Options 2/8/02 16 Instructional Goals Appendix D: – Possible Behavior Goal Areas – Developing Sequential Objectives – Task Analysis Method – Examples of IEP Goals and Objectives

17 Behavior Planning Options 2/8/02 17 Supportive School Climate and Attitude Toward Student Diversity Engaging Curriculum Presented at Instructional Level of Student Classroom Instructional Adaptation of Curriculum Requirements Classroom Management System Instructional Goals in Social Skills Areas Positive Behavior Support Plan Functional Analysis Assessment & PBI Plan (Hughes Bill) More Restrictive Environment

18 Behavior Planning Options 2/8/02 18 Positive Behavior Support Plan New requirement under IDEA ’97 – “The IEP team also shall, in the case of a child whose behavior impedes his or her learning or that of others, consider, if appropriate, strategies, including positive behavioral interventions, strategies, and supports to address that behavior” 34 C.F.R. Sec 300.346(a)(2)(i)

19 Behavior Planning Options 2/8/02 19 Positive Behavior Interventions Implies use of Applied Behavioral Analysis Methodology, Including: – Functional Analysis – Environmental Adaptations – Teaching Strategies – Reinforcement Procedures – Reactive strategies

20 Behavior Planning Options 2/8/02 20 Bare Bones Behavior Support Plan Description of Behavior Functional Assessment Description of Alternate Behavior Behavioral Objective Description of Supports Teaching Strategies Reactive Strategies

21 Behavior Planning Options 2/8/02 21 Functions of Behavior Observation vs. Assumption in Determining Function of Behavior Function Determines Strategy Different Theories of Behavior Rely on Differing Functions Basic Behavioral Function: Get or Avoid Something

22 Behavior Planning Options 2/8/02 22 Positive Behavior Support Plan Comments and notes in Federal Regulations for IDEA ’97 avoided temptation to “over regulate” what constitutes Positive Behavioral Interventions, Strategies and Supports California Education Code does not avoid that temptation

23 Behavior Planning Options 2/8/02 23 Supportive School Climate and Attitude Toward Student Diversity Engaging Curriculum Presented at Instructional Level of Student Classroom Instructional Adaptation of Curriculum Requirements Classroom Management System Instructional Goals in Social Skills Areas Positive Behavior Support Plan Functional Analysis Assessment & PBI Plan (Hughes Bill) More Restrictive Environment

24 Behavior Planning Options 2/8/02 24 Functional Analysis Assessment & Positive Behavior Intervention Plan AB 2586 (Hughes Bill) contains very specific requirements Offers more protections than federal law in some cases Preceded federal law by seven years Requires certification for implementers: Behavior Intervention Case Managers Requires extensive documentation

25 Behavior Planning Options 2/8/02 25 Functional Analysis Assessment Specifies amount and locations for observations Requires medical, social and environmental information May require observation and information from other settings Requires description & frequency of alternate behaviors

26 Behavior Planning Options 2/8/02 26 AB 2586 Requirements Must be initiated when emergency procedures are used, or when IEP determines it is necessary Each SELPA must develop policies regarding: – aversive techniques, – prohibited techniques, – emergency techniques

27 Behavior Planning Options 2/8/02 27 Aversive Techniques Mild Interventions – Involve the management of reinforcements Moderate Interventions – Involve the withdrawal of privileges Severe Interventions- Unlocked “Time Out” – Maximum of 30 minutes per episode – Must be paired with plan to provide positive reinforcement and increased interaction

28 Behavior Planning Options 2/8/02 28 Prohibited Techniques Any intervention that is likely to cause: – Physical pain – Inadequate supervision – Ridicule, humiliation, emotional trauma – Immobility of all four extremities – Exposure to noxious substances – Locked Time-out or Seclusion – Others that place student at risk for injury

29 Behavior Planning Options 2/8/02 29 Emergency Interventions Must be written in Behavior Intervention Plan Incidence must be recorded Report must be shared with parent and IEP team Interventions include: Physical Restraint, Containment, Area Evacuation, Controlling Self- defense, and 911

30 Behavior Planning Options 2/8/02 30 More Restrictive Environment Supportive School Climate and Attitude Toward Student Diversity Engaging Curriculum Presented at Instructional Level of Student Classroom Instructional Adaptation of Curriculum Requirements Classroom Management System Instructional Goals in Social Skills Areas Positive Behavior Support Plan Functional Analysis Assessment & PBI Plan (Hughes Bill)

31 Behavior Planning Options 2/8/02 31 More Restrictive Environments When interventions have proven unsuccessful, consider – Additional expertise – More restrictive environment – Special Education Hearing Office rulings in expulsion and full inclusion cases

32 Behavior Planning Options 2/8/02 32 Summary Inappropriate behavior serves a function Appropriate social behavior needs to be taught like any other skill Teaching appropriate behavior is everyone’s responsibility The more effort that goes in to supporting the foundations of behavior change, the less will be required to rebuild the outcomes

33 Behavior Planning Options 2/8/02 33 Thank you for attending this training.

34 Behavior Planning Options 2/8/02 34 Suspension & Expulsion Change of Placement Manifest Determination Alternative Settings Stay Put

35 Behavior Planning Options 2/8/02 35 Honig v. Doe 1988 Decision of U.S. Supreme Court Court determined that unilateral exclusions from school that constitute a change of placement are impermissible. Court adopted the U.S. Department of Education Office for Civil Rights opinion that disciplinary removals up to 10 school days are not a change of placement.

36 Behavior Planning Options 2/8/02 36 A Constitutional Principle General Rule:Federal law supersedes state law. (Supremacy Clause) Exception:When State law grants greater individual rights than federal law, State law must be followed.

37 Behavior Planning Options 2/8/02 37 Sources of Law Federal Law IDEA (20 USC section 1415(k)) IDEA Regulations (34 CFR sections 300.519 et seq.) State Law Education Code sections 48911, 48915.5, 48915.6 Judicial Decisions Special Education Hearing Office Decisions

38 Behavior Planning Options 2/8/02 38 Four Types of Disciplinary Removals During a school year: 1. Short-term removals of 10 days or fewer. 2.Short-term removals of more than 10 cumulative days not constituting a change in placement. 3.Short-term removals of more than 10 cumulative days constituting a change in placement. 4.Long-term removals of more than 10 consecutive days.

39 Behavior Planning Options 2/8/02 39 Removal Children are “removed” when they cannot continue to: – Progress in the general curriculum; – Receive the services specified on their IEP; and/or – Participate with nondisabled children to the extent they would have in their current placement. Removals may include: – In-school suspensions – Bus suspensions

40 Behavior Planning Options 2/8/02 40 Change of Placement A “removal” that constitutes a “change of placement” triggers significant procedural protections. When is a “removal” a “change of placement?”

41 Behavior Planning Options 2/8/02 41 Change of Placement A removal is a change of placement when it: – Is for more than 10 consecutive school days. – Is for more than 10 cumulative school days and constitutes a pattern because of factors such as: The length of each removal; The total amount of time the child is removed; and The proximity of the removals to one another.

42 Behavior Planning Options 2/8/02 42 Type 1: Short-Term Removals General Disciplinary Rules Apply No Right to Educational Services No IEP Team Meetings Required Regarding: – Behavior Interventions – Manifestation Determination

43 Behavior Planning Options 2/8/02 43 Type 2: Short-Term Removals (No Change of Placement) General Disciplinary Rules Apply Right to Educational Services on 11 th Day – To Enable Child to: Progress in General Curriculum; and Advance Toward Achieving IEP Goals & Objectives – School Personnel Consult with Child’s Special Education Teacher to Determine Scope of Services IEP Team Meeting Required Regarding Behavior Interventions No IEP Team Meeting Required Regarding Manifestation Determination

44 Behavior Planning Options 2/8/02 44 Types 3 & 4: Change of Placement Right to Educational Services on 11 th Day – To Enable Child to: Progress in General Curriculum; and Continue to Receive Those Services & Modifications Described in Child’s IEP Necessary to Meet IEP Goals & Objectives – IEP Team Determines Scope of Services IEP Team Meetings Required Regarding: – Behavior Interventions – Manifestation Determination

45 Behavior Planning Options 2/8/02 45 IEP Team Meeting re: Behavior Interventions Must Be Held Within 10 Business Days After: – The 11 th Day of Removal; or – A Removal that Constitutes a Change of Placement

46 Behavior Planning Options 2/8/02 46 IEP Team Meeting re: Behavior Interventions (cont.) Purpose of IEP Team Meeting – To develop an assessment plan when the district did not conduct a functional behavior assessment and implement a behavior intervention plan (“BIP”) before the behavior that resulted in the removal; or – To address the behavior by reviewing and modifying the BIP when the child had a BIP at the time of the behavior that resulted in the removal.

47 Behavior Planning Options 2/8/02 47 IEP Team Meeting re: Behavior Interventions (cont.) Functional Behavior Assessment – This is a federal requirement. – It may be an assessment requiring parental consent or a review of existing data by the IEP team. Functional Analysis Assessment – This is a state requirement. – It is an assessment requiring parental consent conducted when a student exhibits a serious behavior problem that significantly interferes with implementing IEP goals and objectives.

48 Behavior Planning Options 2/8/02 48 IEP Team Meeting re: Behavior Interventions (cont.) One component of a Functional Behavior Assessment may be to determine whether the student’s behavioral history warrants a functional analysis assessment.

49 Behavior Planning Options 2/8/02 49 IEP Team Meeting re: Manifestation Determination Must Be Held Within 10 School Days After the Decision to Impose a Removal that Constitutes a Change of Placement Purpose of IEP Team Meeting – To review the relationship between the child’s disability and the behavior subject to the disciplinary action.

50 Behavior Planning Options 2/8/02 50 IEP Team Meeting re: Manifestation Determination (cont.) Federal law requires the IEP team to consider all relevant information including: – Evaluation and diagnostic results; – Information supplied by the parents; – Observations of the child; and – The child’s IEP and placement. State law requires the IEP team to base its decision on the results of a preexpulsion educational assessment (and a review of health and discipline records).

51 Behavior Planning Options 2/8/02 51 IEP Team Meeting re: Manifestation Determination (cont.) Federal law requires the IEP team to consider: – Were the child’s IEP and placement appropriate? – Were the special education services, supplementary aids and services, and behavior intervention strategies provided consistent with the child’s IEP and placement? – Did the child’s disability impair his/her ability to understand the impact and consequences of the behavior subject to the disciplinary action? – Did the child’s disability impair his/her ability to control the behavior subject to the disciplinary action?

52 Behavior Planning Options 2/8/02 52 IEP Team Meeting re: Manifestation Determination (cont.) State law requires the IEP team to consider: – Was the child’s behavior caused by, or a direct manifestation of, his/her identified disability? – Was the child appropriately placed at the time of the behavior subject to the disciplinary action?

53 Behavior Planning Options 2/8/02 53 IEP Team Meeting re: Manifestation Determination (cont.) If the IEP team determines that the child’s behavior was a manifestation of his/her disability, the student may not be disciplined. If the IEP team determines that the child’s behavior was not a manifestation of his/her disability, the student may be disciplined in the same manner as general education students.

54 Behavior Planning Options 2/8/02 54 Interim Alternative Educational Settings Federal law allows a hearing officer to order a change of placement to an IAES for up to 45 days if the district can demonstrate by substantial evidence that maintaining the child’s placement is substantially likely to result in injury to the child or others. State law is unclear regarding a hearing officer’s authority to order a change of placement to an appropriate IAES for not more than 45 days. (Alameda USD, 32 IDELR 159 (2000) but see Stanislaus COE/Ceres USD, 27 IDELR 409 (1997).)

55 Behavior Planning Options 2/8/02 55 Stay Put Special education students must remain in their current educational placement pending resolution of due process proceedings unless the district and parent agree otherwise. The “stay put” placement is “the placement called for in the student’s IEP which has been implemented prior to the dispute arising.” (Thomas v. Cincinnati Bd. of Ed., 918 F.2d 618 (6 th Cir. 1990); Alameda USD, 32 IDELR 159 (2000).) No expulsion hearing may be conducted until due process proceedings (and appeals) are completed.

56 Behavior Planning Options 2/8/02 56 Stay Put (cont.) Under federal law, “current placement” is not interpreted to include a specific school or classroom. California regulations define “specific educational placement” as “that unique combination of facilities, personnel, location, or equipment necessary to provide instructional services.” This regulation has been interpreted to require districts to maintain children at a particular school site (and/or in a particular classroom) to comply with the “stay put” provision of the law. (Vista USD, 29 IDELR 749 (1998).)

57 Behavior Planning Options 2/8/02 57 Children Not Yet Eligible for Special Education General Principle: A child not determined eligible for special education who engaged in behavior subject to disciplinary action may assert IDEA protections if the district had knowledge that the child is disabled before the behavior subject to disciplinary action.

58 Behavior Planning Options 2/8/02 58 Children Not Yet Eligible for Special Education (cont.) A district will be deemed to have knowledge that a child is disabled if: – The child’s parent expressed concern in writing to district personnel. – The child’s behavior or performance demonstrated the need for special education. – The child’s parent requested a special education evaluation. – District personnel expressed concern about the child to other district personnel pursuant to the district’s special education referral system.

59 Behavior Planning Options 2/8/02 59 A district will not be deemed to have knowledge if, as a result of receiving the above information, the district: – Conducted an evaluation and determined that the child was not disabled; or – Provided notice to the child’s parents of its determination that an evaluation was not necessary. If a district did not have knowledge that the child is disabled before the behavior subject to disciplinary action, the child – May not assert IDEA protections; and – May be disciplined like his/her general education peers. Children Not Yet Eligible for Special Education (cont.)

60 Behavior Planning Options 2/8/02 60 If a parent requests a special education evaluation at the time of disciplinary action, a district must: – Stay disciplinary proceedings (recommended); – Complete the special education assessment in an expedited manner; – Notice and convene an IEP team meeting to: Determine eligibility; and If the child is determined to be eligible, develop an IEP and conduct a manifestation determination. During this time period, the child will remain in the placement determined by the District. The “stay put” provision does not apply to a child not yet eligible. Children Not Yet Eligible for Special Education (cont.)

61 Behavior Planning Options 2/8/02 61 If the child is determined to be eligible for special education, the district will likely decide to: – Dismiss its disciplinary proceedings; and – Proceed with the IEP process. If the child is determined not to be eligible for special education, – The parent may request a due process hearing on the issue of eligibility (and the manifestation determination); and – The district may proceed with its disciplinary proceedings. Children Not Yet Eligible for Special Education (cont.)

62 Behavior Planning Options 2/8/02 62 Discipline & Section 504 OCR has opined that the same procedural protections available to special education students are available to students determined to be disabled under Section 504. OCR recommends that districts maintain a formal, written discipline policy for students determined to be disabled under Section 504. (Desert Sands (CA) USD, 26 IDELR 613 (1997).)

63 Behavior Planning Options 2/8/02 63 Discipline & Section 504 (cont.) Section 504 and its implementing regulations do not contain a “stay put” provision. If a dispute arises regarding disciplinary action against a student determined to be disabled solely under Section 504, the student is not entitled to remain in his/her current educational placement pending the outcome of the dispute. The “stay put” provision does not apply to a student determined to be disabled solely under Section 504.


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