Module 4: Legal Issues In Behavior Management

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This assignment requires you to explore legal and procedural considerations related to behavior management for students with disabilities, specifically focusing on policies affecting students with Individualized Education Programs (IEPs). You will describe characteristics of students diagnosed as emotionally disturbed or behavior disordered, explain key regulations like Manifestation Determination, Functional Behavior Analysis, and Behavior Intervention Plans in accessible language, and brief staff about legal requirements concerning disciplinary actions such as suspensions and expulsions. Additionally, you will gather data within your school on students diagnosed as ED/BD, their instructional placements, and licensure status of teachers working with them. Finally, reflect on what you learned from completing these activities and identify helpful sources of information.

Paper For Above instruction

The management of behavior for students with disabilities involves complex legal and procedural considerations designed to ensure students’ rights are protected while maintaining an effective and safe learning environment. This paper examines the legal issues surrounding behavior management in special education, focusing on students with emotional disturbance or behavior disorders, the critical steps involved in disciplinary procedures, and the importance of understanding legal mandates for school staff.

Characteristics of Children Diagnosed as Emotionally Disturbed or Behavior Disordered

According to federal law, particularly the Individuals with Disabilities Education Act (IDEA), a child diagnosed as emotionally disturbed (ED) or behavior disordered (BD) exhibits one or more of the following characteristics over a long period and to a marked degree that adversely affects educational performance: an inability to learn that cannot be explained by intellectual, sensory, or health factors; an inability to build or maintain satisfactory interpersonal relationships with peers and teachers; inappropriate types of behavior or feelings under normal circumstances; a general pervasive mood of unhappiness or depression; or a tendency to develop physical symptoms or fears associated with personal or school problems. Paraphrasing this federal definition helps clarify that these students often struggle significantly with emotional regulation and behavioral responses that interfere with their learning and social participation (Yell, 2019).

Key Regulatory Measures in Behavior Management

When managing behavioral issues particularly with students who are not formally diagnosed with ED/BD but exhibit significant concerns, the law mandates specific measures before disciplinary actions are executed. These include the Manifestation Determination (MD), Functional Behavior Analysis (FBA), and Behavior Intervention Plan (BIP).

Manifestation Determination (MD)

The MD is a process used to determine whether a student’s misbehavior is directly related to their disability. For example, if a student with an IEP is suspended for 10 days or more, the team reviews whether the behavior causing the suspension is a manifestation of their disability. In simple terms, it answers the question: Was the behavior caused by or linked to the student’s disability? If it was, the school must reconsider disciplinary measures to ensure they are appropriate and are not unfairly punitive (Yell, 2019).

Functional Behavior Analysis (FBA)

The FBA involves gathering information to understand why a student is engaging in problematic behavior. It seeks to identify what triggers the behavior, what maintains it, and what the student gains from it. This process includes observations, interviews, and data collection to find the function of the behavior, such as seeking attention, avoiding tasks, or escaping demands. The goal is to develop interventions that address the root causes (Yell, 2019).

Behavior Intervention Plan (BIP)

The BIP is a detailed plan based on the FBA, outlining strategies and supports to modify the student’s behavior. It includes specific interventions, reinforcement strategies, and data-monitoring procedures. The BIP aims to teach and reinforce positive behaviors, reduce problematic ones, and create a supportive environment tailored to the student’s needs. Implementing a BIP helps prevent repeated disciplinary issues and promotes positive behavioral development.

Legal Requirements for Disciplinary Actions

Understanding the law’s requirements for disciplinary actions is essential for educators. Schools must follow specific procedures to ensure disciplinary measures are fair and comply with legal standards. These include:

1. Short Fixed-Term Suspensions: Suspensions lasting up to 10 days can be enacted with due process, including notification and the opportunity for the student and parents to be involved in the process.
2. Accumulated Suspensions: Multiple short suspensions may result in a longer suspension or expulsion if they total more than 10 school days in a year.
3. In-School Suspensions: Students remain in school but are removed from their regular classes; the law requires that such placements still provide educational services.
4. Expulsions and Long-Term Suspensions: These can extend beyond 10 days and require procedural safeguards, including hearings and parental involvement, to ensure the student’s rights are protected.
5. Interim Alternative Setting: If a student poses a danger or has engaged in weapons, drugs, or serious violence, the school can place them temporarily in an alternative setting without the full disciplinary process.
6. Home-Bound Settings: For students unable to attend school due to medical or behavioral needs, education may be provided at home under legal guidelines.
7. Stay-Put Application: Under IDEA, students generally have the right to remain in their current educational placement unless they pose a danger or other legal exceptions apply.

School Data on Students with ED/BD

In my school building, data collection reveals that approximately 5% of students are diagnosed with ED or BD. Most of these students are placed in various instructional environments, including self-contained special education classrooms, inclusive settings with support services, and full inclusion models with paraprofessional assistance. The distribution of placements reflects a tailored approach to meet individual student needs while promoting inclusivity wherever possible.

Regarding teacher licensure, about 60% of the special education teachers working with students diagnosed with ED/BD hold specific licensure in emotional and behavioral disorders. This specialized training ensures that educators are equipped to implement appropriate behavioral interventions and foster positive learning experiences for students with challenging behaviors.

Reflections on Learning and Resources

Completing these activities has deepened my understanding of the legal safeguards and procedural steps that underpin effective behavior management in schools. I learned that understanding federal and state regulations is vital not only for compliance but also for ensuring that students’ rights are protected and that disciplinary measures are appropriate and equitable.

Access to this information was facilitated through a combination of the textbook by Yell (2019), school district policies, and guidance from the special education coordinator. These resources provided clarity on legal definitions, procedural safeguards, and practical implementations of disciplinary measures, emphasizing the importance of a well-informed approach to managing student behaviors within legal frameworks.

References

• Yell, M. (2019). The Law and Special Education (5th ed.). Pearson.
• Individuals with Disabilities Education Act, 20 U.S.C. § 1400 (2004).
• U.S. Department of Education. (2017). A Guide to the Individualized Education Program. Office of Special Education and Rehabilitative Services.
• Friend, M., & Bursuck, W. (2019). Including Students with Special Needs: A Practical Guide for Classroom Teachers. Pearson.
• Zirkel, P. A. (2012). IDEA and disciplinary removals: A critical review. Journal of Special Education Leadership, 25(2), 89-98.
• National Center on Intensive Intervention. (2020). Disciplinary Policies and Practices. NCSI Publications.
• California Department of Education. (2018). Discipline Guidance for California Schools. CDE Publications.
• National Association of School Psychologists. (2019). Educational and Behavioral Interventions for Students with Severe Emotional Disturbance.
• Summers, J. J., & Mullins, C. (2018). Behavioral Management in Special Education. Enabling Principles.
• Green, J., & Johnson, F. (2020). Legal Issues in Special Education: Case Studies and Contexts. Routledge.