Dealing - PowerPoint Presentation

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Dealing Positively with Antisocial Behaviors

Presented by:Daniel R. MartinSlide2

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Taken from the November 1989 Issue of Principal, Vol. 69, No. 2Slide5

5Authority 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).Slide6

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Authority to Control ConductRevised School CodeEducate pupils and provide for their safety and welfareMCL 380.11a(3)Adopt and enforce code of student conductMCL 380.1312(8)Slide7

7Limitations on Control

“Vigilant protection of constitutional freedom is nowhere more vital than in the community of American schools.”Keyishian v 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)Slide8

Limitations on Disciplinary Authority

Constitutional LimitsFirst Amendment Speech / Press / Religion Fourth Amendment Search & SeizureDue ProcessSlide9

Limitations on Disciplinary Authority

Statutory LimitsIDEAChange of Placement / Manifestation DeterminationFBA/BIPModified FAPECorporal Punishment Seclusion and RestraintSlide10

Zero Tolerance PoliciesMandatory Permanent Expulsions

Dangerous WeaponsArsonCriminal Sexual ConductPhysical Assault on School Personnel Mandatory Suspension or ExpulsionVerbal Assault on School Personnel Bomb Threats10Slide11

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State Board of EducationResearchers 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.12Slide13

State Board of Education

Review existing zero-tolerance policies that are above and beyond those required in lawLimit number of offenses mandating suspension and referral to law enforcement directly related to safety of students and personnelReserve removing a child from an educational opportunity for the most serious infractionsnot used as discipline for minor occurrences 13Slide14

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 suspensionsrestorative practices, positive behavior supports, and peer mediation14Slide15

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Positive Behavior Supports - FBAs & BIPs

Everyone Counts!Including those who engage in antisocial behaviors.Slide18

State Policy18

Every district must implement system of school-wide positive behavior support strategiesSlide19

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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 Slide20

School Wide PBS: 3-Tiered Model

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IDEA Reqts – Proactive / IEPIf child’s behavior interferes with his/her learning or learning of others, then as part of the development of IEP the IEP Team mustconsider use of positive behavioral interventions and supports and other strategies to address that behavior20 USC §1414(d)(3)(B)(i)34 CFR § 300.324(a)(2)Slide22

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IDEA Reqts – Reactive / DisciplineAs part of discipline process, when misconduct is determined a manifestation of student’s disability, IEP Team must eitherIf no FBA or BIP, conduct FBA and implement BIP; orIf the student has a BIP, review and modify it as necessary to address behavior§1415(k)(1)(F)(i)34 CFR § 300.530(f)(1) Slide23

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IDEA Reqts – Reactive / DisciplineStudent must receive “as appropriate” an FBA, BIS and “modifications” designed to address behavior violation so it does not recurWhen suspended in excess of 10 consecutive school days, orWhen placed in an IAES 20 USC §1415(k)(1)(D)(ii) 34 CFR § 300.530(d)(ii) See Q&A on Discipline – Q E-2Slide24

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MDE Discipline ProceduresIf manifestation, then:Immediately initiate FBA/BIP process or review an existing FBA/BIP to address the behaviorIf not a manifestation, thenImmediately 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 behaviorSee, MDE Discipline Procedures 2011, p. 8Slide25

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MDE Discipline ProceduresDistricts 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 requirementSlide26

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Functional Behavioral Assessment (FBA)Generally, an acceptable FBA:Defines target behavior Establishes baseline of behavior frequencyCollects information regarding antecedentsCollects information regarding consequences* of the behavior for the childNot punishment, but what student gets from behaviorSlide27

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Functional Behavioral AssessmentsKey to an appropriate FBA is dataDocumentation 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 exhibitedAnalysis of data is key to preparing an appropriate BIPGraph the data and the effects of interventionsSlide28

28When 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 behaviorDanielle 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 learningSee also, Mobile County Board of Ed, 50 IDELR 84 (SEA Al., 2007)Slide29

29When does one perform an FBA?

When implementing PBS & devising or revising BIPsschool wide or individualFor individual students, you need not conduct FBA or implement BIP when:behavior no different than typical student for that gradebehavior is not repetitiveRegulatory Rule of Thumb: where behavior impedes learning of the student or of others, and behavior is repetitive or readily anticipated to be repetitiveSlide30

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How Do PBS Relate to BIPs?PBS in the proactive IEP may constitute BIP in reactive/discipline contextFunctional behavior assessment is the foundation for both PBS and BIPP in PBS does not preclude use of negative consequencesBIPs should contain positive componentsExistence of BIP referenced in IEPIn certain situations MDE requires the BIP to be “in” the IEPSlide31

31Who 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 trainingSuch 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)Slide32

32Who performs the FBA?

State guidance document on Implementing PBS recommends a team, including:Student’s teacherParentsStudentSupport staffAdministratorsOutside providersSlide33

33Consent for FBA

Letter to Christiansen, 47 IDELR 161 (OSEP 2007)FBA may be an evaluation which requires consent if it is used to determine whether a child has a disability, or the extent of special education or related servicesNo consent required if used for school wide PBSSlide34

34Independent Educational Evaluations

Harris v District of Columbia Public Schools, 50 IDELR 194 (DC, 2008)FBA is an “educational evaluation”“Evaluation” is a procedure to determine the specialized instruction or related services a student needsIntegral in determining the behavioral needs of the studentParent is entitled to IEE if they disagree with an evaluation obtained by the schoolSince FBA is an “evaluation” parent is entitled to an IEE on the FBA if disagreeSlide35

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Steps in Behavior Intervention Plans (BIPs)Consider assessment informationMake hypothesis regarding behaviorDevise BIPTarget and replacement behaviorsEnvironmental supportsTrain StaffCollect DataReview & Revise BIP as necessarySlide36

36BIP Content

More than one way to devise a BIPIEP itself could lay out elements of positive behavior support that could constitute a BIPSeparate written document may set forth positive supports, replacement behaviors to be taught, intervention strategies and response strategiesPBS and BIPs are process as well as productGood implementation requires good documentationData tells you when to review and reviseSlide37

37BIP Content

Generally, if district followed process and implemented a BIP, Courts will not second guess the content / strategies of the BIPAlex R. v Forrestville Valley Community School Unit, 41 IDELR 146 (7th Cir., 2004)Neither Congress nor US Department of Ed created any specific substantive requirements for the BIPAs long as BIP reasonable (i.e., reasonably calculated) a court will not create substantive requirements for BIPSlide38

38Elements of a BIP

Identify Target BehaviorIdentify Replacement BehaviorsIdentify StrategiesEnvironmental modifications/accommodationsProactive interventions/redirectionIdentify RewardsIdentify ConsequencesSlide39

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BIP in a Separate Written Document?School Bd of Independent School District No. 11, 106 LRP 15941 (8th Cir., 2006)Held neither state nor federal law required the behavior plan to be in writingThe District staff had documented interventionsDistrict staff responded to behavioral incidents with set proceduresStudent made progressSlide40

40BIP in the IEP

Neither the IDEA nor its implementing regulations require the BIP to be in the IEPWhile a district may choose to do so, it is not required under IDEA or Part B regs Letter to Huefner, 23 IDELR 1072 (OSEP 1995).However, best practice includes developing, reviewing, implementing and documenting a BIP as part of the IEP processCompare MDE Discipline ManualTo exclude the removal as a count day, removal must be in BIP and BIP must be in IEPSlide41

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MDE Discipline ProceduresII.G. Removal Part of Behavior Plan1. If a removal from school is written into a behavior plan that is part of the student’s IEP …, the removal does not count as days of removal for disciplinary reasons. However, those days are counted as suspension for IDEA reporting purposes in MSDS. * * *3. When a removal from school is written into a behavior plan that is not part of the student’s IEP, the removal counts toward the days of removal for disciplinary reasons and the days are counted as suspension for IDEA reporting purposes in MSDS.Slide42

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MDE Discipline ProceduresFor BIP to be considered part of IEPa. BIP must be explicitly written in the IEP MDE recommends that BIPs be written in the Supplementary Aids and Services or Special Factors section of IEP, and include the time, frequency, condition, and location for implementation of the BIPb. The district must convene an IEP or develop an amendment to change the BIPc. If removal is part of the BIP, Procedural Safeguards should be provided to the parentSlide43

43Aversives in the BIP?

Generally, Positive Behavior Supports does not mean that the BIP may not have negative consequencesHowever, the majority of a well designed BIP will focus on the teaching aspect of behavior modificationi.e., on teaching replacement behavior, not on the consequences for the behaviorSlide44

44Aversives in the BIP not prohibited

OSEP clarified that IDEA does not expressly prohibit the use of aversive behavioral interventions Letter to Anonymous, 50 IDELR 228 (OSEP 2008)Must also look to state law, as state law may establish additional requirementsLetter to Trader, 48 IDELR 47 (OSEP 2006)Slide45

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Seclusion & Restraint StandardsApplies to use of Seclusion or Restraint with ALL students Students with and without disabilitiesmust be undertaken only by trained personnel & as a last resortSlide46

46Prohibited uses

May not be utilizedfor the convenience of staffas a substitute for an educational programas a form of discipline or punishmentas a substitute for less restrictive alternatives as a substitute for adequate staffingas a substitute for staff training in PBS and crisis prevention and interventionSlide47

47Training

Personnel must have trainingAwareness training to “the broader educational community”Including “pre-service” training for all teachersAwareness training for substitute teachersComprehensive training for “key identified personnel” Slide48

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Emergency Exclusion“Emergency seclusion” is only appropriate where an emergency exists and seclusion is essential. Seclusion may be appropriate where:the behavior poses an “imminent risk to the safety of the individual student” or othersA behavior that requires immediate intervention constitutes an “emergency”Seclusion is not appropriate for students who exhibit self-injurious behavior or are suicidalSlide49

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Three Types of RestraintPhysicaldirect physical contact that prevents or significantly restricts a student's movementChemicaladministration of medication for purpose of restraintMechanicaluse of any device or material attached to or adjacent to student’s body that restricts normal freedom of movement and which cannot be easily removed by studentSlide50

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Other prohibited practicesProne restraints Restraints that negatively impact breathingCorporal punishmentDeprivation of basic needsAnything constituting child abuseIntentional use of noxious substance(s) or stimuli which results in physical pain or extreme discomfort Slide51

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Emergency Restraint“Last resort” intervention for student to regain self-controlBehaviors that may require the use of restraint:The behavior poses an imminent risk to the safety of the individual student or to others; or is otherwise governed by the corporal punishment sections of the Revised School Code MCL 380.1312Slide52

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Actions not prohibitedStandards on physical restraint is not intended to forbid actions taken: to break up a fightto take away a weapon to briefly hold the student in order to calm or comfortminimum contact necessary to physically escort a student from one place to anotherto assist a student in completing a task (provided the student does not resist or the resistance is minimal in intensity or duration)to hold a student to prevent an impulsive behavior that threatens the student's safety Slide53

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Corporal Punishment §1312(1)§1312(1) of Michigan Revised School Code prohibits corporal punishmentDefined as “the deliberate infliction of physical pain by hitting, paddling, spanking, slapping, or any other physical force used as a means of discipline” Specifically excludes “physical pain caused by reasonable physical activities associated with athletic training”Slide54

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Reasonable Force §1312(4) of RSCAn employee / volunteer / contractor may use “reasonable physical force” upon a pupilas necessary to maintain order and control in a school or school related setting for the purpose of providing an environment conducive to safety and learningSlide55

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Reasonable Force §1312(4) of RSCAs necessary for 1 or more of the following: Restrain/remove a pupil whose behavior is interfering with the orderly exercise and performance of school functions—if the pupil has refused to comply with request to refrain from further disruptive actsSelf defense/defense of anotherPrevent pupil from harming selfQuell disturbance that threatens physical injury to anotherObtain weapon or dangerous object from pupilProtect propertySlide56

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Reasonable Force §1312 of RSCDeference must be given to reasonable good faith judgments by an employee/volunteer/contractor in using physical force in the above situationsWhen such force is used in accordance with the act on a student (or person of school age in a school related setting) there is immunity from civil damagesA person willfully or through gross negligence violating the act may be appropriately disciplinedAn employee may be disciplined in accordance with school board policiesSlide57

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The Collaborative Problem Solving (CPS) Approach

Everyone Counts!And deserves to be treated with compassion and respect.Slide59

Collaborative Problem Solving (CPS)

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Collaborative Problem Solving (CPS)

The trademarks “Collaborative Problem Solving” and “Collaborative Problem Solving approach” are registered to Dr. Ross W. Greene. I am not a certified trainer, have no affiliation with Dr. Greene, and am merely presenting an overview of the model. While I am presenting my best understanding of the model, the accuracy of the information presented should not be assumed. Visit the website www.livesinthebalance.org to access model updates and other resources.60Slide61

www.livesinthebalance.org

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www.lostatschool.org

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CPS Paradigm Shift

Behavioral challenges understood as form of developmental delay domains of flexibility/adaptability, frustration tolerance, and problem-solvingdeserving of the same compassion and approach as are applied to other cognitive delaysreading, writing, and arithmetic63Slide64

CPS – Behavior & Problems

Challenging behavior occurs in response to specific unsolved problems e.g., homework, screen time, teeth brushing, clothing choices, sibling interactions, etc.These unsolved problems are usually highly predictable and can therefore be solved proactively64Slide65

CPS – Behavior & Problems

Typical disciplinary approach using time-outs, detentions, suspensions, expulsion, and isolation do not solve these problems or "build character" but rather often makes things worsePrimary goal of intervention is to collaboratively solve these problems in a way that is realistic and mutually satisfactory so that they don't precipitate challenging behavior any more65Slide66

Collaborative Problem Solving

Adults take a genuine interest in kid’s concerns and perspectives, which are viewed as legitimate, important, and worth listening to and clarifyingAdults who do not resort to physical intervention and are knowledgeable about and proficient in other means of solving problems66Slide67

Collaborative Problem Solving

Solving problems collaboratively prepares kids for the demands they will face in the real worldBlind obedience to authority is dangerous; life in the real world requires expressing one's concerns, listening to the concerns of others, and working toward mutually satisfactory solutions67Slide68

CPS: Five Goals of Plan B

Goal 1: Pursue unmet expectations and ensure that your concerns about a kid’s challenges are addressedGoal 2: Solve the problems precipitating a child’s challenging episodes in a collaborative, mutually satisfactory, and durable fashionGoal 3: Teach the kid the skills he’s lackingGoal 4: Reduce challenging behaviorGoal 5: Create a helping relationship68Slide69

Three Approaches Plan A

Adults impose their will in response to unmet expectation / problem Plan BCollaborative problem solvingPlan CDropping an expectation completely, or at least temporarily69Slide70

CPS: 3 Steps of Plan B

Step 1: EmpathyUnderstand the kid’s concern / perspectiveStep 2: Define the ProblemAdult’s concern about problem or unmet expectationStep 3: InvitationRestate the two concerns (kid’s and adult’s) and invite the kid to solve it collaboratively – together Realistic & mutually satisfactory solution70Slide71

CPS: Assessment of Skills/Problems

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Everyone Counts!