1. Behavior Support for Students with Disabilities

2. Unique alliance of people with disabilities and parents of children with disabilities. National law and policy center dedicated to protecting and advancing disability civil and human rights. VISION: a just world where all people live full and independent lives free of discrimination. Disability rights are civil rights. Information is power! Children with disabilities who have consistent, knowledgeable advocates are most likely to receive appropriate services & supports!

3. DREDF Children & Family Advocacy: Parent Training and Information (PTI) Center for Alameda, Contra Costa & Yolo. Foster Youth Resources for Education (FYRE) for Alameda County. Class Action legal cases - systemic abuse. Educate legislators and policy makers on issues (such as IDEA, ADA) affecting the rights of people with disabilities.

4. Course Objectives: UNDERSTAND: All behavior serves a function. All behavior is communication. 6 Core Principles of Special Education (IDEA) law. Cycle of Special Education. Skills in advocating. Options when parents & schools disagree.

5. Some Laws: That protect students with disabilities

6. NCLB No Child Left Behind / 2002 Federal Education Law. ALL students with a focus on “under-served” students. School accountability. Increase school performance/outcomes. Highly-qualified teachers and paraprofessionals. Ability to change school or obtain remediation if school fails to meet Adequate Yearly Progress (AYP).

7. FERPA Family Educational Rights & Privacy Act Federal Education Privacy Law. ALL students. Right to inspect and review “any and all” records the district keeps. Timeline in CA: 5 days Right to request correction of records. Right to consent to disclosure of personally identifiable information contained in education records.

8. 504 Section 504 of the Rehabilitation Act / 1973 Federal Anti-Discrimination Law. Protects ALL PEOPLE with a disability that impairs one or more major life activities (such as learning). Prohibits discrimination in ANY program that receives Federal $$$$$. Provides Accommodations to remove discriminatory barriers. “504 Plan” removes barriers to learning and educational opportunity.

9. IDEA Individuals with Disabilities Education Act / 1975 Federal Education Law. Student must fit at least 1 of 13 categories of disability, AND ALSO needs specialized support and instruction to benefit from education. Provides an “IEP”: special education plan - specialized instruction - supportive related services “IEP” must be individualized to meet a student’s unique needs.

10. CA Hughes Bill California Education Law. Protects students with disabilities whose behavior is “serious” or “pervasively maladaptive.” Student must have an IEP. Requires a “type” of Functional Behavioral Assessment (FBA) called a Functional Analysis Assessment (FAA) Requires a Behavioral Intervention Case Manager (BICM) Requires a Behavior Intervention Plan (BIP)

11. Relationship of Protective Laws IDEA eligible ALL students 504 eligible IDEA-eligible students are protected by ALL these laws just discussed. A Student with an IEP may also need accommodations to prevent discrimination.

12. IDEA: 6 Core Principles 1.Appropriate Evaluation/Assessment 2.Free & Appropriate Public Education (FAPE) 3.Individualized Education Plan (IEP) 4.Least Restrictive Environment (LRE) 5.Parent (and student if appropriate) participation in the decision-making process 6.Procedural Safeguards

13. Cycle of Special Education Reason for Concern / Dx Request Assessment Assessment Plan: within 15 days Assessment: 60 days to complete IEP Meeting: within the 60 days Appropriate Placement: determined “PLOP”, Goals, Individualized Instruction and Services: determined Review IEP annually, or if requested Implementation “Informed consent”: 15 days for parent questions (if needed)

14. Functional Behavioral Assessment (FBA) To determine: - Function of behavior - Need for specialized support Functional Behavioral Assessment (FBA) To determine: - Function of behavior - Need for specialized support

15. Behavior is Information Parent (or others) WRITE to request assessment. [DREDF has sample letters to request FBA or FAA] Comprehensively assess “in all areas of suspected disability” There is logic behind the behaviors of children. Our challenge is to understand its context. TIP: If initial assessment, also ask also for “504 assessment.” Saves precious time.

16. GOAL: Changing Behavior Teach or re-teach the behavior Provide Meaningful Incentives Provide Meaningful Consequences MEANINGFUL: having significance, meaning or purpose in the child’s life (from the child’s perspective)

17. MODELS: for Behavior If the MODEL for developing power resides in the powerful… – if what we learn about how to behave is by observing those who have power over us – then those in power MUST assume responsibility for modeling appropriate behaviors.

18. TOOLS: for Success The child HAS a challenge…. What we must do? Give the child the tools to be successful! IF NOT, interventions are like Band-Aids on a dam that will burst eventually. unhappy discouraged frustrated concern empathy support encourage help Teach academic skills Teach behavioral skills Same strategies as for other skills Individualization (504, IEP, BIP) Positive behaviors expected and taught Positive behaviors reinforced Negative behaviors receive instructive consequences

19. IDEA: the IEP Team will… “In the case of a child whose behavior impedes the child's learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies to address that behavior” -- IDEA 2004 statute

20. What are POSITIVE Behavior Interventions? An approach to supporting positive behavior skills Children’s behavior can change if adults: –teach the behaviors we expect to see –model those behaviors –consistently recognize and reward the behaviors we want to see, when they occur –consistently enforce meaningful and instructive consequences for behaviors we want to eliminate

21. Behaviors are governed by consequences Behaviors that result in desirable consequences for the child are likely to be retained or strengthened reinforced Behaviors that do not result in desirable consequences are discarded or weakened not reinforced

22. BEHAVIOR: what do we know? Classroom environment - seating - noise level - disruptions Child-specific condition - medication - allergies - sickness - anxiety - fatigue Setting events - peer issue - teacher interaction - new person(s) Instruction/curriculum - work too hard - work too easy - transitions - directions - assignment - no choices Behaviors serve a FUNCTION and are based on a NEED. We want to substitute solutions (replacement behaviors). We DON’T want to shame or blame the child for trying to meet that need.

23. BEHAVIOR: what do we know? To get something (power, attention, approval, sensory input) To avoid (escape) something (teachers, class work, a situation) To have control Challenging behaviors serve a FUNCTION: The FUNCTION of a behavior is not the problem. NEW behaviors that are taught should serve the same function!

24. BEHAVIOR: what do we know? Challenging behaviors have multiple causes. More than one need is often met through one behavior. Behavior: Billy hits Teacher attention Escape Peer attention Power Avoidance

25. BEHAVIOR: what do we know? Just stopping a behavior does not lead to desired outcomes: “If you stop swearing, you will have a job….” “Finishing work will get you a friend……” If we do not teach children what to do instead of what they are doing, they will continue to do what they do… AND GET BETTER AT IT! Problem behaviors are not moral failings of a child but are expressing and communicating a need of the child. Until we understand the need through effective assessment, the solution will not be evident.

26. The consequence of a behavior affects whether it happens again We can manipulate antecedents in the environment to: > Increase positive behavior < Reduce misbehavior A antecedent A antecedent B behavior B behavior C consequence C consequence

27. A antecedent A antecedent Size of an environment Number of people in it Specific event, time of day, etc. A cause, course, or event that influences the development of a behavior or behaviors:

28. B behavior B behavior Antecedent: The work is too hard. (I don’t want to do it) Behavior: I throw my chair. What one does in response to the event, cause or condition. Behavior (+ or -) fulfills a specific need for a child.

29. Did the behavior meet a need? What can we predict about this behavior? C consequence C consequence What happens as a result of a behavior that affects whether it is likely to happen again. If the consequence of a behavior meets a need, the behavior is likely to be repeated. Antecedent: The work is too hard. Behavior: I throw my chair. Consequence: The teacher gets angry. I’m sent to the office and do not do the work.

30. Teach the behavior you expect Begin with simple rules (2-5) –For example: Be respectful of others –Describe what the rules mean in specific terms “Respect means speaking in a medium voice” “Respect means hands/feet to yourself” –Provide instruction about what to do instead State your expectations for behavior Provide examples of expected behavior Provide alternative ways to understand

31. Teach the behavior you expect Discuss and model the expected behaviors: –At home and in the actual locations –Re-teach regularly Be sure the expectation is positive: –“Once you have finished your chores, you may go to Mary’s house.” –NOT: “You cannot go to Mary’s house until the chores are finished…”

32. Teach children to self-manage behavior… Homework, school work, and chores: 1.Time management: Define and teach routines the child will use –Provide a checklist of activities that child can mark off as completed –Begin on time (other tasks out of the way) –Have materials ready –Stay with the task until completed

33. Teach children to self-manage behavior… Homework, school work, and chores: 2.Attitude Be respectful (demonstrate!) Have materials ready for the work being addressed Ask for help when needed

34. Provide meaningful positive incentives… Teaching is not always enough to change behavior over the long haul. Children need to be recognized and rewarded WHEN they are meeting the expectations established. POSITIVE RECOGNITION (rewards, other reinforcements, praise) must occur more frequently than NEGATIVE RECOGNITION At least a 4 to 1 ratio!!!!!! TIP: 10 pennies in your pocket

35. Assessment

36. Functional Behavioral Assessment (FBA) because… We need to collect data on why a child has challenging behaviors. Challenging behaviors generally occur in relationships between the child and the environment. IEPs should include behavior goals and positive behavior interventions. 504 Plans should include positive behavior interventions. Positive behavioral interventions should be based on Functional Behavioral Assessment.

37. Functional Behavioral Assessment (FBA) because… Where’s the DATA ?!!! Education decisions are to be driven by data, not opinion or belief systems.

38. Functional Behavioral Assessment (FBA) when… A child’s behaviors do not respond to the interventions used with all students, or The team cannot provide data that supports why inappropriate behaviors occur, or A child is repeatedly disciplined for behaviors that do not improve, then… The team should request an FBA as part of initial or ongoing evaluation.

39. IDEA: A child who is removed from his/her educational placement shall… Continue to receive services to participate in the general curriculum and work on meeting IEP goals, and Receive an FBA, behavior interventions and modifications to address the behavior violation so that it does not recur. -from IDEA 2004 statute

40. Functional Behavioral Assessment (FBA) NOT a list of misbehaviors, but an effort to determine why a behavior occurs. helps the team to understand the purpose that a behavior serves for a child guides decision-making leads to intervention strategies required for removals beyond 10 days useful when behaviors have not responded to standard interventions

41. Functional Analysis Assessment (FAA) FOR “SERIOUS” or “PERVASIVELY MALADAPTIVE” BEHAVIORAL CHALLENGES Functional Analysis Assessment (FAA) is a type of Functional Behavioral Assessment (FBA). FAA is a highly prescribed process of data collection and analysis that is used to develop Positive Behavioral Intervention Plans (BIP). The California law commonly known as the Hughes Bill, requires use of FAA to address serious behavior challenges.

42. Functional Analysis Assessment (FAA) DEFINITION OF SERIOUS BEHAVIOR in the California Education Code is behavior that is: Assaultive Self injurious The cause of serious property damage, or Other pervasive maladaptive behavior

43. Functional Analysis Assessment (FAA) FAA must be supervised or conducted by a certified Behavior Intervention Case Manager (BICM) The BICM must be authorized by the local Special Education Local Plan Area (SELPA) The BICM must regularly review progress of the Positive Behavioral Intervention Plan (BIP) at intervals specified in the plan.

44. Behavioral Assessment: Typical steps 1. Identify the behavior of concern. 2. Where does it occur and not occur? 3. Antecedents (what happens beforehand)? 4. Is there a consistent pattern? Is it predictable? 5. What does the student “get” from it? (the reinforcer) 6. Possible reasons for the behavior? (hypothesis) 7. What replacement behaviors can be taught to the child that serve the same function?

45. Why POSITIVE interventions? Required in IDEA Builds positive relationships Encourages new behaviors Reinforces skills (maintenance) Increases self-satisfaction and optimism among youth, parents, and teachers

46. Why POSITIVE interventions? Teaching by itself does not change behavior Behaviors take time to become habits Children need positive reinforcement over time Must be used more frequently than punishment Help change and maintain behavior across time Consequences must — Be clearly stated and communicated Be logical: bear a relationship to the behavior Apply universally to all MEANINGFUL consequences…

47. The IEP

48. Building the IEP Do the goals address:  academic support?  mental health needs?  behavioral needs? Does the child need:  an FBA? an FAA?  related services?  a behavior intervention plan (BIP) or Behavior Support Plan (BSP)?  a crisis plan?       

49. Behavior Intervention Effective re-teaching of the expected behavior Rewards and consequences that are personally meaningful to a child (no two plans are alike) Opportunities to self-manage behaviors Positive behaviors are not maintained over time only with mood rings and stickers Self-management skills facilitate pro-social skills Self-management skills lead to generalization BIP, PBI, BSP, etc.: A plan by any name should be positive and instructive, based on FBA and address—

50. Intervention Considerations Are changes needed in the classroom? (seating arrangement, instructional approach, grouping, curriculum…) Will replacement behaviors be specifically taught and reinforced? Do replacement behaviors serve the same function as the problem behaviors? Is child able to perform desired replacement behaviors? Will child receive as much reinforcement from using replacement behaviors as from using problem behaviors? Will new behaviors be reinforced across environments? Will parents, teachers and others use similar reinforcement systems?

51. Interventions Often Used Planned ignoring – of certain inappropriate behaviors Preventive cueing Proximity control Touch control – light, nonaggressive physical contact. Nonverbal warnings – e.g. cue cards. Positive phrasing – let child know exactly what behavior is expected, not just what not expected

52. Interventions Often Used Use “I” messages Behavioral shaping – reinforce behavior that is close to the desired behavior then raise the bar gradually Encourage youth to ask for help Find opportunities for child to be of service Discipline privately Humor – to help child “save face” in tense situation Provide advance notice of change in activities Teach youth self-monitoring of own behavior

53. IEP Goals: What’s wrong? Example #1: Marie will decrease her anger and violation of school rules. REWRITE! Provided with positive behavior support (PBS), strategies, and training as specified in her Behavior Support Plan (BSP), Marie will ask for a break, remove herself from environments in which it is difficult for her to maintain self control of her behavior, and cool down in the safe room provided, as measured by data collection of staff observation, and disciplinary actions initiated compared to the previous year.

54. IEP Goals: What’s wrong? Example #2: Jessica will participate appropriately in group. REWRITE! GOAL: In 9 of 10 opportunities, Jessica will participate appropriately and cooperatively and will remain with the group and contribute to the project as measured by teacher observation & data collection. Objective 1) When prompted, Jessica will make positive statements about other students in her class on at least 9 of 10 trials. Objective 2) When assigned to a small group to work on a project, Jessica will remain with the group, will make only positive statements to other group members, and make positive suggestions to contribute to the project work on 9 of 10 trials…

55. The Teacher is Key to implementing support Be sure to consider if: Teacher needs training to implement BSP or BIP Teacher needs additional support, collaborative or an aide in the classroom IF SO, these supports should be documented in the IEP.

56. Prohibited Interventions Techniques public and non-public schools MAY NOT use by law: Any action likely to cause harm or excessive emotional trauma, including verbal abuse Releasing noxious, toxic or unpleasant substances near student’s face Any intervention that deprives the student of one or more of his/her senses. Denial of sleep, food, water, shelter, physical comfort or access to bathroom facilities (continued...)

57. Prohibited Interventions Techniques public and non-public schools MAY NOT use by law (continued): Physical restraint that immobilizes all four extremities, including prone containment except by trained personnel in an emergency intervention Locked seclusion except in an emergency when used by facility licensed or permitted by state law Any intervention that leaves student without adequate supervision

58. Behavioral Emergencies When student behavior results in emergency intervention, the school MUST file an Behavioral Emergency Report describing the intervention and any injuries that occurred Parent/caregiver must be notified of any emergency intervention or serious property damage within one day If student has a BIP or BSP but this is first time behavior or BIP/BSP intervention is ineffective, IEP team must convene to determine if plan needs to be modified (continued…)

59. Behavioral Emergencies (continued…) If student does not have a BIP/BSP, school administrator must schedule an IEP meeting within two days to determine if interim behavior plan needed. NOTE: team must document reasons if no interim plan is developed or no assessment conducted.

60. Discipline for students with IEPs If a student who has an IEP is suspended for 10 days within the school year, the school MUST conduct a Manifestation Determination Hearing (MDH) to determine: if the behavior causing the suspension is a manifestation of the student’s disability. If YES: the school MUST conduct an FBA or FAA if not done yet, or modify the BIP, rather than change the student’s placement. NOTE: MDH is required in cases in which student does not yet have an IEP but parent or teacher has requested an assessment (parent’s request MUST be in writing).

61. NOTHING ABOUT US WITHOUT US! THE FAMILY PARTICIPATION FUND provides assistance for family members to attend and participate in POLICY- MAKING MEETINGS related to special education. Families can receive up to $1000 a year! More information can be found in your training packets or online at: http://cafec.org/family-participation-fund http://cafec.org/family-participation-fund Family Participation: Get involved! Be a Leader! Family Participation: Get involved! Be a Leader!

62. Questions? PLEASE… Fill out your EVALUATIONS before you leave. PLEASE… Consider providing tax-deductible donations to DREDF so that other families can benefit from our FREE services! Thank you!!

63. "Eek! My Child with a Disability Keeps Getting Suspended" http://disabilityrightsca.org/pubs/546401.htm or http://disabilityrightsca.org/pubs/546401.pdf "Yikes! My Child with a Disability is Being Considered for Expulsion" http://disabilityrightsca.org/pubs/546301.htm or http://disabilityrightsca.org/pubs/546301.pdf Pat Howey: "What you need to know about IDEA 2004: IEPs for children with Behavior Problems" http://www.wrightslaw.com/howey/iep.special.factors.htm Legal Services for Children (LSC) Suspension/Expulsion Manual http://02f45b1.netsolhost.com/WordPress/wp- content/uploads/2008/12/suspension_expulsion_manual.pdf http://disabilityrightsca.org/pubs/546401.htm http://disabilityrightsca.org/pubs/546401.pdf http://disabilityrightsca.org/pubs/546301.htm http://disabilityrightsca.org/pubs/546301.pdf http://www.wrightslaw.com/howey/iep.special.factors.htm http://02f45b1.netsolhost.com/WordPress/wp- content/uploads/2008/12/suspension_expulsion_manual.pdf Resource Links

64. DOWNLOAD DREDF Training Materials & Publications! www.dredf.org/special_education/trainings.shtml www.dredf.org/special_education/trainings.shtml www.dredf.org/publications/publications.shtml www.dredf.org/special_education/special_ed_resources.shtml “Info-to-go”: TRANSITION from Early Intervention to PreK and from PreK to Kindergarten: www.dredf.org/special_education/training_materials_3_14/IT G_TRANS_PRE-K.pdf DREDF:www.dredf.orgwww.dredf.org CARS+: www.carsplus.org/links.phpwww.carsplus.org/links.php CDE Special Education: www.cde.ca.gov/sp/sewww.cde.ca.gov/sp/se CDE Home:www.cde.ca.govwww.cde.ca.gov CDE/PENT (Behavior):www.pent.ca.govwww.pent.ca.gov Disability Rights CA (DRC):www.disabilityrightsca.orgwww.disabilityrightsca.org PACER:www.pacer.orgwww.pacer.org www.taalliance.org NICHCY: www.nichcy.org/ OSEP: www.osepideasthatwork.org Wright’s Law:www.wrightslaw.comwww.wrightslaw.com Resource Links

65. SPECIAL EDUCATION RIGHTS & PROCESS: “Special Education Rights & Responsibilities” (SERR) www.disabilityrightsca.org/pubs/504001SpecEdIndex.htm “A Composite of Laws” CA Dept. of Ed order form: www.cde.ca.gov/sp/se/ds/documents/colordrfrm.doc www.cde.ca.gov/sp/se/ds/documents/colordrfrm.doc Other CDE Publications: www.cde.ca.gov/re/pn/rcwww.cde.ca.gov/re/pn/rc “Negotiating the Special Education Maze” Winifred Anderson, et. al. “The Complete IEP Guide” Nolo Press Lawrence M. Siegel “Special Education Law” www.wrightslaw.comwww.wrightslaw.com GOALS: “From Gobbledygook to Clearly Written Annual IEP Goals” “Writing Measurable IEP Goals and Objectives” Barbara D. Bateman ADVOCACY: “From Emotions to Advocacy” www.wrightslaw.comwww.wrightslaw.com Resource Books

66. Parent Training & Information (PTI) Center for Alameda, Contra Costa and Yolo counties. Technical assistance and training to parents/guardians of students with disabilities 0-22, and to professionals who serve these students and their families. Contact DREDF with concerns & questions: Phone 510.644.2555 Toll Free 800.348.4232 Fax 510.841.8645 Emailiephelp@dredf.org Websitewww.dredf.org