Behavior Issues at School

BY MARIA GIANCOTTI, M.ED - STUDENT ADVOCACY MICHIGAN

Behavioral problems are common among children with disabilities. Parents often ask what to do when they are told to pick up their child early from school due to behavior or when their child receives repeated detentions or suspensions. The struggle is REAL! This is not an appropriate or legal way for a school to handle the behavioral problems of a child with disabilities.

All students have a right to due process before suspension or expulsion. Michigan law also requires a school to consider a student’s disability before issuing a suspension or expulsion.

Discipline for students with disabilities is more complicated so parents need to understand some key protections Section 504 and IDEA provide their children in these situations. Here are a few key terms parents need to know.

BIP (Behavior Intervention Plan): Any child struggling with behavior at school that impedes their learning, or the learning of others can get a BIP. A BIP consists of PBIS (positive behavior interventions and supports) which helps a child learn to use more desired behaviors while minimizing undesired behaviors. To understand the function of the undesired behaviors before developing a BIP, an FBA is usually administered.

FBA (Functional Behavior

Assessment): This is a method of collecting data to determine why a student has an undesired behavior, what reinforcement the child gets from the behavior and what positive reinforcements or interventions could help minimize the undesired behavior and help the student use more desired behaviors instead. It is best if an FBA is performed by a BCBA (Board Certified Behavior Analyst) as they are most qualified. The school can administer a BIP, but parents should request a BCBA be involved.

MDR (Manifestation Determination Review): This process determines the relationship between the child’s disability and the behavior resulting in suspension. An MDR meeting is required when a student with a disability is removed from school for at least 10 days. This can be a 10-day suspension, or when multiple suspensions within one school year reach the 10-day mark. In a meeting, all relevant information from school staff and parents is reviewed to determine if the behavior was directly related to the disability and if the school did not properly execute the IEP which resulted in the behavior. If the behavior is determined to be due to the disability or improper implementation of the IEP, the student cannot be suspended or expelled. It is also important to note that if a child with a disability is expelled, the school still has a legal responsibility to educate the child. They can place the child in another school or an online school, but they must still provide education and special education services and support in the IEP. Parents in this situation should be prepared to negotiate what that alternative education plan should look like and what support will be provided in the IEP for that new setting.

COMMON QUESTIONS:

Here are the most common questions I get regarding discipline:

• Can the school make me pick up my child early for behavioral issues?

For suspensions, yes. If the school is not suspending your child, they cannot informally just ask you to pick your child up and bring them home. Remember that the MDR provisions become active at 10 days so these removals from school should be counted towards the 10 days. This will ensure protections are triggered when your child has been removed from school for 10 days. These informal removals can be considered a denial of FAPE (Free and Appropriate Public Education) which violates the law.

• My child doesn’t have an IEP or 504 but keeps getting suspended. What can I do? If you suspect your child may have a disability and a pattern of behavioral struggles, you can request an IEP evaluation in writing along with an FBA. When an evaluation is performed, the school is legally required to evaluate a child in ALL areas of suspected disabilities. If a child is determined to have a disability through the evaluation, an IEP, 504 or BIP can be put in place and the discipline protections under special education are triggered.

There is so much more to behavioral challenges and discipline for children with disabilities. There are several laws that provide additional protections that go beyond this article, but by knowing these key terms, you can better advocate. If your child is struggling with behavioral problems and discipline issues at school, contact us! We can help you navigate the process and get the right support in place.