By Torin D. Togut, Esq.
Many students with autism exhibit challenging behaviors at school. Unfortunately, IEP committees often neglect to develop appropriate behavior intervention plans (BIPs) to properly address these challenging behaviors. As a result, instead of using behavioral positive interventions and strategies for the student, educators and administrators heavily rely upon disciplinary measures such as in-school suspension and out-of-school suspension to control the student’s behaviors. Punishment alone, however, will not change a student’s disciplinary problems.
It is important, therefore, to consider the legal requirements for developing a BIP for a student with autism. The components of the BIP should also apply scientific, research-based intervention such as positive behavioral supports and services that ameliorate the challenging behaviors. The following is a summary of the legal components for a BIP and scientific, research-based strategies and interventions that should be employed to address the challenging behaviors of a student with autism.
A. IDEA Framework For Behavior Intervention Plan And Positive Behavioral Interventions, Strategies And Supports
The IEP Team shall in the case of a child whose behavior impedes his or her learning or that of others, consider, when appropriate, strategies, including positive behavioral interventions, strategies, and supports to address that behavior. 20 U.S.C. § 1414(d)(3)(B).
The regular education teacher of a child with a disability, as a member of the IEP team, must, to the extent appropriate, participate in the development, review, and revision of the child’s IEP, including assisting in the determination of appropriate positive behavioral interventions and strategies for the child ...” 20 U.S.C. § 1414(d)(3)(C).
Related services can be made part of a behavioral intervention plan. 20 U.S.C. § 1402(26). These services may include psychological services for assisting in developing positive behavioral intervention strategies; social work services in schools for assisting in developing positive behavioral intervention strategies; and improvement strategies enhance ability of teachers and others to use behavioral intervention.
B. IDEA Disciplinary Procedures
Either before or not later than 10 days after taking disciplinary action . . . if the local educational agency did not conduct a functional behavioral assessment and implement a behavioral intervention plan for such child before the behavior that resulted in the removal. . . the agency shall convene an IEP meeting to develop an assessment plan to address that behavior; or if the child already has a behavior intervention plan, the IEP Team shall review the plan and modify it, as necessary, to address that behavior. 20 U.S.C. 20 U.S.C. § 1415(k)(1)(D).
The IEP Team and other qualified personnel may determine that . . . in relationship to the behavior subject to disciplinary action, the child’s IEP and placement were appropriate and the special education services, supplementary aids and services, and behavior intervention strategies were provided consistent with the child’s IEP and placement. 20 U.S.C. § 1415(C)(ii).
C. Scientific, Research-Based Intervention and Strategies for BIP 1
•Teach more acceptable replacement behaviors that serve the same function as the inappropriate behavior, e.g. using conflict resolution skills, coping strategies, alternative skills.2
•Teach students to deal with setting events such as the physical arrangement of the classroom, seating arrangements, sequence of academic instruction.
•Manipulate the antecedents to the desired behavior, e.g. teacher instruction and directions.
•Manipulate consequences of the desired behavior, e.g. precise praise or feedback, and keeping in mind the principles of shaping and reinforcing incompatible behaviors.
•Implement changes to the classroom curriculum or instructional strategies, e.g. encouraging oral rather than written responses.
•Interventions that offer reinforcement of appropriate behavior, e.g., group motivational strategies.
•Modifying the learning environment.
•Strategies, including positive behavioral interventions, strategies, and supports;
•Program modifications;
•Supplementary aids and services that may be required to address the program behavior.
•Positive interventions that teach the student new ways to behave.3
E. Student Supports That Should Be Considered For A Behavioral Intervention Plan.
Supports such as counselors and school psychologists, can be used as supports to help the student address academic or personal issues that may contribute to the problem behaviors. Other supports include:
(1) peers for providing academic and behavioral support through tutoring and conflict-resolution activities;
(2) families, who provide support through setting up homework centers at home and developing a homework schedule;
(3) teachers and paraprofessionals, who may provide academic and curricular modifications to address and decrease a student’s desire to avoid a task or assignment;
(4) language specialists, who are able to increase a student’s expressive and receptive language skills that can provide alternative ways to respond to an aggressive or stressful situation;
(5) other school staff, including cafeteria workers and volunteers, with whom the student may feel more comfortable with;
(6) community agency service providers, including mental health, Big Brother and Sister organizations, or other social service agency personnel who can provide long-term student and family intervention and support; and
(7) other community organizations such as religious groups, cultural and ethnic organizations, YMCA or YWCA, and recreation centers which can provide therapy and support. An IEP team can make referrals and obtain medical evaluations so that other options can be considered.
F. Common Obstacles To Develop An Appropriate BIP
One or more of the following obstacles may require the attention of school personnel to enable the implementation of a positive behavioral intervention plan and supports:
•Vague definition of problem behavior(s).
•Incomplete data collection regarding problem behaviors.
•Misinterpretation of functional behavioral assessment data.
•Intervention too weak to deal with complexity or magnitude of problem behavior(s).
•Inconsistent or incorrect application of one or more parts of the plan.
•Failure to monitor the implementation of the plan or to modify it over time, as needed, and to adequately evaluate the impact of the plan.
•Inadequate system-wide support (competing building-level priorities) to avoid future undesired behavior.
•The behavior is minor and is not something that distracts the students or others.
•Teachers lack the training, experience, and knowledge to teach appropriate behavior skills.
The Law Offices of Torin Togut may be reached at 678-372-1829, or email torin @ togutlaw.com.
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