Positive Behavioral Supports

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Positive Behavioral Supports
Other Related Processes and Concepts
Module 5 2004
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Multimedia Development Design Bette
Greer Betsy Stanwood
Content Advisors and Activity Design
Anne Goins Cathy Hooper-Newlin
Suzanne Rilling
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Related PBS Processes
IAP

• Review of suspension history
• for current school year

• Determination of change
• of services

• Manifestation Determination

IEP

• Interim alternative
• educational setting

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What is Determination of Change in Services?

IEP/ IAP
Team decision (not an IEP /IAP meeting) as to
whether the removal of a student with a
disability constitutes a change in services
(NHCS Change in Services Determination Worksheet)
WHEN? The student has reached the
10th day of suspension in a school year, and each
subsequent suspension

• CONSIDERATIONS?
• Length of each removal
• Total of removal time
• Proximity of removals to one another
• Block scheduling

• WHO?
• Administrator
• Regular Ed Teacher
• Special Ed Teacher /
• 504 Coordinator

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How Do We Determine?
Did teacher instruction occur during suspension?
Does the removal interrupt access to the
curriculum or FAPE?
How many total days of suspension have occurred?
Is the student enrolled in block scheduled
classes?
Was the student reasonably successful in doing
the work during periods of suspension?
How many individual incidents have gotten the
student to this point?
What time of the school year was it?
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Activity Time
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Next Steps ?
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What is a Manifestation Determination?

IEP/ IAP
IEP / IAP team decision as to whether a
particular behavior exhibited by the student that
is subject to disciplinary action is or is not a
a manifestation of the students
disability. (NHCS Manifestation Determination
Worksheet)
WHEN? A determination of change
has been determined related to cumulative
suspensions OR A recommendation
for long term suspension has been made

• WHO?
• IEP or IAP team

• CONSIDERATIONS?
• IEP / IAP
• Nature of the disability
• Review of disciplinary
• records
• Role of impulsivity

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Is It a Manifestation?
Are there behavioral goals or a BIP in place?
Were IEP services / IAP accommodations
appropriate and implemented ?
Would the team expect or predict the students
behavior in this situation?
Would the students disability impair his/her
understanding of the impact and consequences of
the behavior?
Has the student exhibited similar behaviors in
the past?
Was the student instructed in strategies for
dealing with their impulsive behaviors?
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Activity Time
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IEP
What is an Interim Alternative Educational
Setting (IAES) ?
A setting where a student would continue to
progress in the general curriculum, receive
services/modifications identified in IEP and
services/modifications designed to address
behavior in BIP for not more than 45 days.

• HOW?
• Principals UNILATERAL
• recommendation
• Hearing Officers (administrative
• law judge) recommendation
• IEP team meets to determine
• location of IAES within 10
• business days of recommendation

WHEN? While at school or a
school function the student carries a weapon
OR possesses/uses/sales/solicit
s the sale of illegal drugs or controlled
substances
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In the case of a Hearing Officer
(Administrative Law Judge)
The school requests an expedited due process
hearing to support IAES and to establish the
student is dangerous

• Dangerous Criteria
• Evidence that continuing current placement will
  
• result in substantial injury
• Evidence that steps have been taken to minimize
• the likelihood of harm
• Evidence that current IEP is appropriate
• Evidence that IAES allows student to continue
  to receive
• IEP services, behavioral support and show
  progress in general
• curriculum

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Related Concepts
Referral to law enforcement for criminal offenses
Protection for students not yet eligible for
special education and related services
?
Knowledge of a disability before disciplinary
action related to a behavior
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Referral to Law Enforcement
Joe had drugs.

• Does Joe have an IEP?

• Am I prohibited from reporting the crime?

• Can I share his educational /disciplinary
  records?

JOE
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Protection for Students Not Yet Eligible
Students not yet protected by I.D.E.A.
MAY invoke procedural safeguards when the school
had knowledge of a disability
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What is Having Knowledge of a
Disability?

• No Knowledge
• School conducted an
• evaluation and determined
• student not eligible for
• special education
• School determined an
• evaluation was not
• necessary
• School provided notice to
• the parents of its
• determination

• Knowledge
• Written documentation of
• parents concern to the
• school regarding students
• need for special education
• Student demonstrates a
• need for service
• Parent has requested an
• evaluation
• Teacher/school personnel
• have expressed concern
• regarding the student

?
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What did you learn?

• A Manifestation Determination is a
  
• decision.

IEP / IAP team

• A Manifestation Determination must be made
• when
• and

long term suspension has been recommended
change determination has been made related to
cumulative suspensions.
3. A Change of Services determination must occur
when a student has reached
the 10th day of suspension.
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What else did you learn?

• An Interim Alternative Educational Setting is
  only
• utilized when a student has

weapons or drugs.

• A school may request an expedited due process
• hearing with an administrative law judge to
  support
• IAES if they can prove the student is

dangerous.
6. A school may report a crime to law
enforcement even if the student
has an IEP.
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Coming Attractions
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2004 Reauthorizationof IDEA

• December 3, 2004 President George W. Bush signed
  the reauthorization of IDEA.
• Most of the changes go into effect on July 1,
  2005.

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2004 Reauthorizationof IDEA

• The new law insures that the discipline
  provisions for students with disabilities
  continue to protect the rights of these students
  to FAPE.

Additional training will take place to reflect
these changes.
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Resources

• NHCS Positive Behavioral Supports Training
  Modules
• NHCS Student Support Intervention System Manual
• Web Resources
• -www.pbis.org
• -http//cecp.air.org
• -www.udel.edu
• -http//darkwing.uoregon.edu/ttobin/
• (Click on Case Study)