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© 2012 Michael L. BevinsDaniel R. Martin 1
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
© 2012 Michael L. BevinsDaniel R. Martin 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)
© 2012 Michael L. BevinsDaniel R. Martin 3
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
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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© 2012 Michael L. BevinsDaniel R. Martin 4
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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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© 2012 Michael L. BevinsDaniel R. Martin 5
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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© 2012 Michael L. BevinsDaniel R. Martin 6
Positive Behavior Supports -FBAs & BIPs
Everyone Counts!
Including those who engage in antisocial behaviors.
State Policy
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Every district must implement system of school-widepositive 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
© 2012 Michael L. BevinsDaniel R. Martin 7
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)
© 2012 Michael L. BevinsDaniel R. Martin 8
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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
© 2012 Michael L. BevinsDaniel R. Martin 9
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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)
© 2012 Michael L. BevinsDaniel R. Martin 10
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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)
© 2012 Michael L. BevinsDaniel R. Martin 11
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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
© 2012 Michael L. BevinsDaniel R. Martin 12
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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
© 2012 Michael L. BevinsDaniel R. Martin 13
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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
© 2012 Michael L. BevinsDaniel R. Martin 14
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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.
* * *
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
© 2012 Michael L. BevinsDaniel R. Martin 15
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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
© 2012 Michael L. BevinsDaniel R. Martin 16
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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
© 2012 Michael L. BevinsDaniel R. Martin 17
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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
© 2012 Michael L. BevinsDaniel R. Martin 18
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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
© 2012 Michael L. BevinsDaniel R. Martin 19
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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.
© 2012 Michael L. BevinsDaniel R. Martin 20
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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© 2012 Michael L. BevinsDaniel R. Martin 21
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-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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© 2012 Michael L. BevinsDaniel R. Martin 22
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 realisticand 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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© 2012 Michael L. BevinsDaniel R. Martin 23
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 B
Step 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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© 2012 Michael L. BevinsDaniel R. Martin 24
CPS: Assessment of Skills/Problems
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Everyone Counts!