Some children with learning disabilities may have troubling behaviors at school as a direct result of their diagnoses. What we hear about far too often is how these children are sometimes punished, suspended, or even expelled from school for their behaviors. Rather than thinking only of the poor actions that may have occurred, there’s another side to see - which is that these “punishments” are amounting to disciplining the child for their disability. And that’s not okay.
Most people already know that IDEA regulations address how an IEP team must handle children with disabilities who also have behavior problems. Each IEP - or Individual Education Plan - is formulated by the school team and includes the child’s parents. It sets out to distinguish which special services the child will receive, when and where they will receive them, and annual learning goals.
But keep in mind that the IEP is also legally required to address what to do when a child’s troublesome behavior affects their learning or that of others.
Instead of going to the main rulebook, the school must reference the IEP for handling any disciplinary actions.
Behavioral instructional supports and interventions and goals are written into an IEP and hugely helpful in reducing behavior problems a child may be having due to their disability.
To set these standards, the IEP team must first arrange for a Functional Behavior Assessment. The
FB looks at the troubling behavior from many angles to see when it occurs, how often it happens and seeks to identify triggers that may be causing the behavior. Only after these observations are made can a positive behavior intervention plan be developed by the IEP team and incorporated into the IEP. At this point, they are legally required to use research-based interventions and support. The positive intervention strategies should also be focused on mitigating and eventually eliminating the troubling behaviors.
As a parent, you need to know that your child should not be punished for a behavior that is occurring due to their disability. Punishment doesn’t teach new skills, and negative, punishing strategies are illegal.
Appropriate behavior skills can be taught to all children, regardless of their disabilities. You have the right to demand a positive behavior intervention plan to help develop positive behavior patterns. These plans should offer skills training for the child and include changes that might be made in the classroom to eliminate possible triggers and strategies to replace problem behaviors with more positive ones. Your child should also receive instructional support to help use those positive behaviors.
In addition, school personnel must be provided professional development and training in the skills and knowledge needed to formulate and implement these strategies. Professional development and training in these areas are not the only key to the child’s academic success. It is also required by law.
We are a litigation and advocacy firm dedicated to protecting the civil rights of children - especially those requiring special education. We know how important equal access and equality of instruction and opportunity for children with special needs are. If you require help with CSE meetings, filing complaints, or litigating against your District, give us a call today!
GDPC successfully handles hundreds of cases each year throughout Westchester, Putnam, Dutchess, and NY counties, with an exceptional track record against the
New York City Department of Education (NYCDOE) and beyond!
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