Dealing Positively with Antisocial Behaviors - Scholten Fant: Attorneys

24 Pages·2012·0.37 MB·English

Dealing Positively with
Antisocial Behaviors
Presented by:
Daniel R. Martin
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Taken from the November 1989 Issue of Principal, Vol. 69, No. 2
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© 2012 Michael L. Bevins
Daniel R. Martin 1
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).
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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)
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Limitations on Control
 “Vigilant protection of constitutional freedom
is nowhere more vital than in the community
of American schools.”
 Keyishianv 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)
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Limitations on Disciplinary Authority
 Constitutional Limits
 First Amendment
 Speech / Press / Religion
 Fourth Amendment
 Search & Seizure
 Due Process
Limitations on Disciplinary Authority
 Statutory Limits
 IDEA
 Change of Placement / Manifestation
Determination
 FBA/BIP
 Modified FAPE
 Corporal Punishment
 Seclusion and Restraint
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
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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.
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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
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Daniel R. Martin 4
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
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Positive Behavior Supports -
FBAs & BIPs
Everyone Counts!
Including those who engage
in antisocial behaviors.
State Policy
 Everydistrict must
implement system
of school-wide
positive behavior
support strategies
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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
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School Wide PBS: 3-Tiered Model
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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)
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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 andimplement
BIP; or
 If the student has a BIP, review andmodify it
as necessary to address behavior
 §1415(k)(1)(F)(i)
 34 CFR §300.530(f)(1)
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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
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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
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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
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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
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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
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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)
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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
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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
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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)
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