Understanding the Special Education Process

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Behavior Support for Students with Disabilities
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• 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!

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• 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.

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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.

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Some Laws That protect students with
disabilities
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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).

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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.

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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.

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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 students
  unique needs.

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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)

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

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Cycle of Special Education
Reason for Concern / Dx
Review IEP annually, or if requested
Request Assessment
Implementation
Assessment Plan within 15 days
Appropriate Placement determined
Informed consent 15 days for parent
questions (if needed)
PLOP, Goals, Individualized Instruction and
Services determined
Assessment 60 days to complete
IEP Meeting within the 60 days
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Functional Behavioral Assessment (FBA) To
determine - Function of behavior - Need for
specialized support
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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, alsoask also for
  504 assessment.Saves precious time.

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GOAL Changing Behavior
Teach or re-teach the behavior
Provide Meaningful Incentives
Provide Meaningful Consequences
MEANINGFUL having significance, meaning or
purpose in the childs life (from the childs
perspective)
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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.
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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 encouragehelp

• 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

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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
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What are POSITIVE Behavior Interventions?

• An approach to supporting positive behavior
  skills
• Childrens 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

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Behaviors are governed by consequences
Behaviors that result in desirable consequences
for the child are likely to be retained or
strengthened
Behaviors that do not result in desirable
consequences are discarded or weakened
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BEHAVIOR what do we know?
Behaviors serve a FUNCTION and are based on a
NEED. We want to substitute solutions
(replacement behaviors). We DONT want to shame
or blame the child for trying to meet that need.

• 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

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BEHAVIOR what do we know?
Challenging behaviors serve a FUNCTION

• To get something (power, attention,
  approval, sensory input)
• To avoid (escape) something (teachers, class
  work, a situation)
• To have control

The FUNCTION of a behavior is not the
problem.NEW behaviors that are taught should
serve the same function!
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BEHAVIOR what do we know?
Challenging behaviors have multiple
causes. More than one need is often met through
one behavior.
Peer attention
Teacher attention
Behavior Billy hits
Power
Avoidance
Escape
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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 doAND 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.
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A antecedent
The consequence of a behavior affects whether it
happens again
B behavior
C consequence

• We can manipulate antecedents in the environment
  to
• gt Increase positive behavior
• lt Reduce misbehavior

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A antecedent
A cause, course, or event that influences the
development of a behavior or behaviors

• Size of an environment
• Number of people in it
• Specific event, time of day, etc.

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B behavior
What one does in response to the event, cause or
condition. Behavior ( or -) fulfills a
specific need for a child.
Antecedent The work is too hard.
(I dont want to do it) Behavior I
throw my chair.
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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.
C consequence
Antecedent The work is too hard. Behavior
I throw my chair. Consequence The teacher
gets angry. Im sent to the office and do not do
the work.
Did the behavior meet a need? What can we
predict about this behavior?
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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

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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 Marys house.
• NOT You cannot go to Marys house until the
  chores are finished

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Teach children to self-manage behavior

• Homework, school work, and chores
• 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

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Teach children to self-manage behavior

• Homework, school work, and chores
• Attitude
• Be respectful (demonstrate!)
• Have materials ready for the work being
  addressed
• Ask for help when needed

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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 RECOGNITIONAt least a
  4 to 1 ratio!!!!!!
• TIP 10 pennies in your pocket

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Assessment
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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 andpositive
  behavior interventions.
• 504 Plans should include positive behavior
  interventions.
• Positive behavioral interventions should be based
  on Functional Behavioral Assessment.

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Functional Behavioral Assessment (FBA) because

• Education decisions are to be driven by data,
  not opinion or belief systems.

Wheres the DATA ?!!!
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Functional Behavioral Assessment (FBA) when

• A childs 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.

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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

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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

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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.

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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

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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.

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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?

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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

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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

MEANINGFUL consequences

• 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

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The IEP
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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?

?
?
?
?
?
?
?
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Behavior Intervention
BIP, PBI, BSP, etc. A plan by any name should
be positive and instructive, based on FBA and
address

• 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

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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?

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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

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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

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IEP Goals Whats wrong?

• Example 1Marie 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.

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IEP Goals Whats wrong?

• Example 2Jessica 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

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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.

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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 students 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...)

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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

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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)

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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.

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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 students
  disability.
• If YES the school MUST conduct an FBA or FAA if
  not done yet, or modify the BIP, rather than
  change the students placement.

NOTE MDH is required in cases in which
student does not yet have an IEP but parent or
teacher has requested an assessment (parents
request MUST be in writing).
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Family Participation Get involved! Be a Leader!

• NOTHING ABOUT US WITHOUT US!
• THE FAMILY PARTICIPATION FUNDprovides 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-par
  ticipation-fund

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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!!
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Resource Links
"Eek! My Child with a Disability Keeps Getting
Suspended" http//disabilityrightsca.org/pubs/5464
01.htm or http//disabilityrightsca.org/pubs/54640
1.pdf"Yikes! My Child with a Disability is
Being Considered for Expulsion"
http//disabilityrightsca.org/pubs/546301.htm or
http//disabilityrightsca.org/pubs/546301.pdfPat
Howey "What you need to know about IDEA 2004
IEPs for children with Behavior
Problems"http//www.wrightslaw.com/howey/iep.spec
ial.factors.htmLegal Services for Children
(LSC) Suspension/Expulsion Manual
http//02f45b1.netsolhost.com/WordPress/wp-conten
t/uploads/2008/12/suspension_expulsion_manual.pdf
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Resource Links
DOWNLOAD DREDF Training Materials
Publications!www.dredf.org/special_education/trai
nings.shtml www.dredf.org/publications/publication
s.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/tra
ining_materials_3_14/ITG_TRANS_PRE-K.pdf
DREDF www.dredf.org CARS
www.carsplus.org/links.php CDE Special
Education www.cde.ca.gov/sp/se CDE
Home www.cde.ca.gov CDE/PENT (Behavior) www.pen
t.ca.gov Disability Rights CA (DRC) www.disabilit
yrightsca.org PACER www.pacer.org www.taallian
ce.org NICHCY www.nichcy.org/ OSEP
www.osepideasthatwork.org Wrights
Law www.wrightslaw.com
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Resource Books
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 Other CDE Publications www.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.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.com
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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 [phone] Toll Free
800.348.4232 Fax [phone] Email iephelp_at_
dredf.org Website www.dredf.org