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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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.” 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)

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

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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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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.

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State Policy Every district 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 and implement

BIP; or If 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)

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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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Who performs the FBA? State guidance document on Implementing

PBS recommends a team, including: Student’s teacher Parents Student Support staff Administrators Outside providers

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Consent 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 services

No consent required if used for school wide PBS

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Independent 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 needs

Integral in determining the behavioral needs of the student

Parent is entitled to IEE if they disagree with an evaluation obtained by the school

Since FBA is an “evaluation” parent is entitled to an IEE on the FBA if disagree

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Steps in Behavior Intervention Plans (BIPs)

Consider assessment information Make hypothesis regarding behavior

Devise BIP Target and replacement behaviors

Environmental supports

Train Staff Collect Data Review & Revise BIP as necessary

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BIP Content More than one way to devise a BIP

IEP itself could lay out elements of positive behavior support that could constitute a BIP

Separate written document may set forth positive supports, replacement behaviors to be taught, intervention strategies and response strategies

PBS and BIPs are process as well as product Good implementation requires good documentation

Data tells you when to review and revise

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BIP Content Generally, if district followed process and

implemented a BIP, Courts will not second guess the content / strategies of the BIP Alex 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 BIP

As long as BIP reasonable (i.e., reasonably calculated) a court will not create substantive requirements for BIP

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Elements of a BIP Identify Target Behavior Identify Replacement Behaviors

Identify Strategies Environmental modifications/accommodations

Proactive interventions/redirection

Identify Rewards Identify Consequences

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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 writing

The District staff had documented interventions

District staff responded to behavioral incidents with set procedures

Student made progress

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BIP in the IEP Neither the IDEA nor its implementing

regulations require the BIP to be in the IEP While 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 process

Compare MDE Discipline Manual To exclude the removal as a count day, removal

must be in BIP and BIP must be in IEP

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MDE Discipline Procedures II.G. Removal Part of Behavior Plan

1. 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.

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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.

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MDE Discipline Procedures For BIP to be considered part of IEP

a. 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 BIP

b. The district must convene an IEP or develop an amendment to change the BIP

c. If removal is part of the BIP, Procedural Safeguards should be provided to the parent

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Aversives in the BIP? Generally, Positive Behavior Supports does

not mean that the BIP may not have negative consequences However, the majority of a well designed BIP will

focus on the teaching aspect of behavior modification i.e., on teaching replacement behavior, not on the

consequences for the behavior

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Aversives 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 requirements Letter to Trader, 48 IDELR 47 (OSEP 2006)

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Seclusion & Restraint Standards Applies to use of Seclusion or

Restraint with ALL students Students with and without

disabilities must be undertaken only by

trained personnel & as a last resort

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Prohibited uses May not be utilized

for the convenience of staff

as a substitute for an educational program

as a form of discipline or punishment

as a substitute for less restrictive alternatives

as a substitute for adequate staffing

as a substitute for staff training in PBS and crisis prevention and intervention

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Training Personnel must have training

Awareness training to “the broader educational community” Including “pre-service” training for all teachers

Awareness training for substitute teachers

Comprehensive training for “key identified personnel”

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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 others

A behavior that requires immediate intervention constitutes an “emergency”

Seclusion is not appropriate for students who exhibit self-injurious behavior or are suicidal

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Three Types of Restraint Physical

direct physical contact that prevents or significantly restricts a student's movement

Chemical administration of medication for purpose of restraint

Mechanical use 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 student

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Other prohibited practices Prone restraints Restraints that negatively impact breathing Corporal punishment Deprivation of basic needs Anything constituting child abuse Intentional use of noxious substance(s) or stimuli

which results in physical pain or extreme discomfort

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Emergency Restraint “Last resort” intervention for student

to regain self-control Behaviors 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 380.1312

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Actions not prohibited Standards on physical restraint is

not intended to forbid actions taken: to break up a fight to take away a weapon to briefly hold the student in order to calm or comfort minimum contact necessary to physically escort a

student from one place to another to 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

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Corporal Punishment §1312(1) §1312(1) of Michigan Revised School Code

prohibits corporal punishment Defined 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”

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Reasonable Force §1312(4) of RSC An employee / volunteer / contractor may

use “reasonable physical force”

upon a pupil

as necessary

to maintain order and control in a school or school related setting

for the purpose of providing an environment conducive to safety and learning

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Reasonable Force §1312(4) of RSC As 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 acts

Self defense/defense of another

Prevent pupil from harming self

Quell disturbance that threatens physical injury to another

Obtain weapon or dangerous object from pupil

Protect property

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Reasonable Force §1312 of RSC Deference must be given to reasonable good faith

judgments by an employee/volunteer/contractor in using physical force in the above situations When 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 damages

A person willfully or through gross negligence violating the act may be appropriately disciplined An employee may be disciplined in accordance with school

board policies

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The Collaborative Problem Solving (CPS) Approach

Everyone Counts!

And deserves to be treated with compassion and respect.

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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.

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www.livesinthebalance.org

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www.lostatschool.org

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CPS Paradigm ShiftBehavioral challenges understood as form of developmental delay

domains of flexibility/adaptability, frustration tolerance, and problem-solving

deserving of the same compassion and approach as are applied to other cognitive delays reading, writing, and arithmetic

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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 proactively

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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 worse

Primary 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 more

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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 clarifying

Adults who do not resort to physical intervention and are knowledgeable about and proficient in other means of solving problems

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Collaborative Problem Solving Solving problems collaboratively

prepares kids for the demands they will face in the real world

Blind 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 solutions

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CPS: Five Goals of Plan B Goal 1: Pursue unmet expectations and

ensure that your concerns about a kid’s challenges are addressed

Goal 2: Solve the problems precipitating a child’s challenging episodes in a collaborative, mutually satisfactory, and durable fashion

Goal 3: Teach the kid the skills he’s lacking Goal 4: Reduce challenging behavior Goal 5: Create a helping relationship

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Three Approaches Plan A

Adults impose their will in response to unmet expectation / problem

Plan B Collaborative problem solving

Plan C Dropping an expectation completely, or at

least temporarily

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CPS: 3 Steps of Plan BStep 1: Empathy

Understand the kid’s concern / perspective

Step 2: Define the Problem Adult’s concern about problem or unmet expectation

Step 3: Invitation Restate the two concerns (kid’s and adult’s) and invite

the kid to solve it collaboratively – together

Realistic & mutually satisfactory solution

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CPS: Assessment of Skills/Problems

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Everyone Counts!