Special Education Discipline and Behavior Supports

The IDEA Umbrella-

What you need to know regarding behavior management, change of placement and the legal parameters of the special education student.

PBIS and TBSI

Students who receive special education services through BCEC have the opportunity to access Positive Behavior Interventions and Supports through the Texas Behavior Supports Initiative. TBSI provides foundational knowledge for the use of positive behavior interventions and supports for all students, including students with disabilities. TBSI training provides a framework for sharing a wide range of foundational-level behavior strategies and prevention-based schoolwide, classroom, and individual interventions.

Inclusionary Behavior Supports and Training

Bosque County Cooperative personnel can come to school campuses and provide support for students who demonstrate difficulties with behavioral, emotional and social skills across academic settings. Our program is not a "one-size-fits-all" program, rather, this program is created based on the individual needs of the student. While working with students, BCEC's behavior personnel will help model how to implement behavior intervention plans, and guide students in fostering socially appropriate skills in the academic setting. Our goal is to provide schools with the behavior management skills needed in order to facilitate an effective learning environment for all students and to provide socially appropriate skills for students in need.

Who can benefit?

Certain students who receive special education services who demonstrate extreme behavioral difficulties that interfere with learning can be considered a candidate for behavioral supports. Inclusive Behavioral Support services are not an option for students whose behavior difficulties are not a direct result of their disability. The behavior team at BCEC also provides extensive training to staff and educators who work directly with severe behaviors in the education setting. These trainings provide guidance on BIP implementation, positive behavior strategies, behavior analytic appropriacies and TBSI compliant methodologies.

Student Eligibility

For a student to receive inclusive behavioral supports the following criteria must be met:

  1. The student must attend classes on their home campus

  2. The student's behavioral difficulties must have a direct and substantial relationship with their disability

  3. The student must have a previous FBA evaluation conducted by BCEC's Behavior Analyst

  4. The student must have a BIP in place that includes all of the required elements including positive procedures, antecedent procedure, consequence procedures and goals to document progress

  5. The LEA must provide ongoing documentation regarding the student's behaviors. The documentation must include elements indicating BIP implementation and the outcomes of said interventions.

  6. All parties working with the student must agree to implement procedures recommended by the behavior team personnel in entirety.

  7. The LEA staff must agree to continue the intervention procedures following extraction of the behavior team to ensure fidelity and consistency. This will provide the student with the highest success probability.

The Inclusive Behavioral Support and Training Program does not, nor will not be utilized as a disciplinary method, nor will it be utilized as a way to seclude, isolate or remove students from their current educational setting as mandated via the IEP. If the LEA is considering disciplinary methods, removals, isolations or seclusions please refer to the MDR information below.

Restraints & Time-Outs

FACT: Any student can receive restraints, and/or time-outs. Texas law applies to special education students as well as general education students. Some common behaviors that might warrant restraints and/or time-outs are:

  1. Aggression towards themselves or others

  2. Self-Injurious Behaviors

  3. Disruptive Behaviors

Restraint means the use of physical force as a way to restrict the free movement of all or a portion of a student's body. Restraint should only be used as a last resort, and is an appropriate method when the child's behavior poses a threat of imminent and serious physical harm to the child or others.

If a restraint occurs

1. Notify the parent the same day

2. Provide the Parent with a WRITTEN NOTICE either via email, the student's backpack or mail within 24 hours from the restraining incident. English Form Spanish Form

3. Provide the CPI Coordinator at BCEC with a copy of the restraint form at Cassandra St. Clair- cstclair@bcecssa.net

Our cooperative uses CPI. If you are involved in a restraint and do not have the CPI training- you have 30 days from the date of restraint to complete the training. Please contact Cassandra St. Clair (cstclair@bcecssa.net) with further questions.

Time-Out Use on Campus

FACT- Any student can receive time-out as a punishment procedure, or as a way to remove a student from a particular environment. Texas Laws apply to both special education populations and general education populations. Cooper, Heron and Heward (2007, p.357) state that time-out 'is defined as the withdrawal of the opportunity to earn positive reinforcement, or the loss of access to positive reinforcers for a specified period of time, contingent on the occurrence of a behavior.

Time-Out means the student is separated from other students for a limited period in a setting that is not locked, nor is the exit blocked. The room where time-outs take place must be at least 50 sqft or more.

If a special education student receives consistent or continuous use of a time-out procedure, in MUST be included in their IEP. Below are the types of interventions that can be considered as a time-out procedure.

  1. Exclusionary Time-Out: An exclusionary time-out is in place when a person is removed from a reinforcing environment for a pre-specified period of time (Cooper, Heward & Heron, 2007).

  • Time-Out Room: timeout within a room created specifically for a time-out.

  • Partition Time-Out: timeout behind a partition.

  • Hallway Time-Out: student stands outside the classroom.

  1. Non-Exclusionary Time-Out: A non-exclusionary time-out is in place when the person is allowed to remain within the reinforcing environment but is not permitted to engage in any reinforcing activities for a pre-specified period of time; this form of time-out removes reinforcers from the individual (Cooper, Heward & Heron, 2007)

  • Planned Ignoring: a time-out where social attention is removed.

  • Contingent Observation: the child has to sit and watch others engage in reinforcing activities.

  • Withdrawing a Specific Reinforcer: removing a positive reinforcer (e.g. a toy) from a child for engaging in a target behavior.

Special Education and the Disciplinary Change of Placement

FACT- Special education students can receive disciplinary removals as a consequence of behavioral violations of the LEA's local Student Code of Conduct However, there are certain legalities in place the protect students with disabilities. By law a school must hold a Manifestation Determination Review meeting to determine whether the behavior in question is a direct result of the student's disability of the LEA's failure to implement the student's IEP.

FACT- There is no Mandatory Placement for students in special education!!! Follow the step-by-step guide below when considering a DAEP placement, suspension or expulsion for a student in special education.


SPED Dis Guide.pdf

Manifestation Determination Reviews

No More than 10 Days

By law, a special education student can only be out of placement for no more than 10 cumulative OR consecutive days per school year. These 10 days do not start over until the beginning of the following school year. For example, if a special education student is placed in a location (such as ISS or DAEP) where they cannot access resource or content mastery time as indicated in the IEP, this would constitute as out of placement. Once the 10 days are exceeded, an Manifestation Determination Review meeting must take place prior to any additional changes in placement. An MDR must be held for every single out of placement considered once the child has maxed on on the 10 day out of placement allotment. Additionally, if a student is continuously removed from their special education setting whereby a pattern of removals is noted, an MDR must be held regardless of whether the student is receiving special education services in the alternate setting.

What is an MDR?

An MDR is a ARD supplement that is in place in order to ensure that students with disabilities do not receive undue punishment for behaviors that a directly related or caused by their disability, as some disabilities impair the ability to comprehend the wrongfulness of their conduct. During this meeting, the IEP Team determines whether the behavior in question has a direct substantial relationship with the child's disability. Additionally, the IEP Team must consider the following:

  • Is the behavior a result of the LEA's failure to implement any portion of the student's IEP? (if the answer is yes the student returns to class)

  • Was the behavior a result of self- defense?

  • Does the student have a history of engaging in similar behaviors?

  • Is a Behavior Intervention Plan in place that targets similar behaviors?

  • Was there intent?

What happens if the behavior in question is a manifestation of the child's disability?

If the IEP Team agrees that the behavior is a direct result of the child's disability, one of 3 things can happen

  1. The student must be returned to the original setting from which the student was removed;

  2. The "Special Circumstances" case can apply- A child can be placed in DAEP for no more than 45 school days without parental consent if they have engaged in one of the following:

a. The student is in possession of a weapon on school property or at a school function

b. The student possesses, consumes or distributes illegal substances on school property or at a school function

c. The student has inflicted serious bodily injury upon another person while on school property or at a school function. Serious Bodily Injury- substantial risk of death; extreme physical pain; protracted and obvious disfigurement; loss of function of a bodily member, organ or mental faculty.

  1. The parent is fully informed and agrees with the LEA regarding a change in placement as part of the modification of the student's BIP or IEP.

What happens if the behavior in question is NOT a manifestation of the child's disability?

If the IEP Team agrees that the behavior in question is not a direct result of the child's disability the removal is allowable. It is in these circumstances that the LEA's Student Code of Conduct should be followed as it would be for any other student.

Special Education and Expulsion

FACT- A student who receives special education services can be expelled. In order to determine whether expulsion is appropriate, an ARD must be held in order to conduct an MDR. If the school determines that the behavior in question is a manifestation of the child's disability, the child must be returned to the placement from which they were removed unless...

  1. Special Circumstances apply ( See MDR section above)

  2. The parent agrees with the LEA to place the child in an alternative disciplinary setting.

  3. The student has been charged with a Title 5 Offense or a Felony

Regardless of the findings in the MDR, a special education student who is expelled must still be able to receive a Free and Appropriate Public Education in order for the student to access progress towards the goals and objects set forth in the IEP.