Dealing Positively with Antisocial Behaviors Presented by: Daniel R. Martin 2 Taken from the November 1989 Issue of Principal, Vol. 69, No. 2 3 © 2012 Michael L. Bevins Daniel R. Martin 1 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). 4 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) 5 Limitations on Control  “Vigilant protection of constitutional freedom is nowhere more vital than in the community of American schools.”  Keyishianv 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) 6 © 2012 Michael L. Bevins Daniel R. Martin 2 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 9 © 2012 Michael L. Bevins Daniel R. Martin 3 10 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. 11 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 12 © 2012 Michael L. Bevins Daniel R. Martin 4 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 13 14 15 © 2012 Michael L. Bevins Daniel R. Martin 5 Positive Behavior Supports - FBAs & BIPs Everyone Counts! Including those who engage in antisocial behaviors. State Policy  Everydistrict must implement system of school-wide positive behavior support strategies 17 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 18 © 2012 Michael L. Bevins Daniel R. Martin 6 School Wide PBS: 3-Tiered Model 19 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) 20 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 andimplement BIP; or  If the student has a BIP, review andmodify it as necessary to address behavior  §1415(k)(1)(F)(i)  34 CFR §300.530(f)(1) 21 © 2012 Michael L. Bevins Daniel R. Martin 7 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 22 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 23 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 24 © 2012 Michael L. Bevins Daniel R. Martin 8 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 25 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 26 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) 27 © 2012 Michael L. Bevins Daniel R. Martin 9 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 28 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 29 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) 30 © 2012 Michael L. Bevins Daniel R. Martin 10