B. Disciplinary actions that constitute a “change of placement” (refer to Chapter 11: Suspension and Expulsion Procedures). Section B – Behavioral Assessment and Intervention I. Student Whose Behavior Impedes Learning In the case of a child who exhibits a pattern of behavior that interferes with the child’s learning or that of others, federal and state law requires that the LEA consider the use of positive behavioral interventions and supports, and other strategies to address the behavior. IDEA 2004 further requires that both general and special educators receive the training and support necessary to contribute to the development and implementation of positive behavioral strategies. All of this makes it imperative that educational personnel within LEAs become aware of these procedures and proficient in implementing them. The ultimate goal is to have educators who understand the guiding principles underlying the procedures and who regularly apply sound positive programming strategies. The consequence should be the learning of replacement behaviors and a significant decrease in chronic and/or dangerous behaviors. The training outcomes must be to provide local staff with the tools and knowledge necessary to not only meet the requirements of the law, but to more effectively and efficiently meet the needs of students with challenging behaviors. After less restrictive approaches have been utilized, behavioral goals, a FBA, and a BIP might become necessary to effect change. It is imperative to remember that BIPs can be utilized with general education students and students on a 504 plan. The BIP must be a result of the gathering of information obtained from multiple sources including the parents. The FBA and BIP require an assessment plan if new information is obtained or if the observation to be conducted by the LEA constitutes an assessment or is conducted for the purpose of determining eligibility for special education and/or needs relating to a disability, including appropriate accommodations, modifications, or other special education support. Best practices suggest that the BIP be revised regularly as the needs and circumstances of the student changes. II. Student Requiring a Manifestation Determination (Disciplinary Action) When a student attains more than 10 suspensions in a school year that constitutes a change of placement, a manifestation determination must be conducted. The LEA shall determine on a case-by-case basis whether a pattern of removals of a student from his/her current educational placement for disciplinary reasons constitutes a change in placement. A change in placement shall be deemed to have occurred under any of the following circumstances: (34 CFR 300.530(e)(i)(ii), 300.530(f)(1), 300.536) 1. The removal is for more than 10 consecutive school days; 2. The student has been subjected to a series of removals that constitute a pattern because of all of the following:
Chapter 10 – Positive Behavioral Interventions and Supports, Desert/Mountain SELPA
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As of 09/12/2014
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