Contact the LEA Behavior Specialist
When a special education student is restrained, the LEA must:
(A) provide written notification to the student ’s parent or person standing in parental relation to the student for each use of restraint that includes: (using the IEP system)
the name of the student;
the name of the district employee or volunteer or independent contractor of the district who administered the restraint;
the date of the restraint;
the time that the restraint started and ended;
the location of the restraint;
the nature of the restraint;
a description of the activity in which the student was engaged immediately preceding the use of the restraint;
the behavior of the student that prompted the restraint;
any efforts made to de-escalate the situation and any alternatives to restraint that were attempted;
if the student has a behavior improvement plan or a behavioral intervention plan, whether the plan may need to be revised as a result of the behavior that led to the restraint; and
if the student does not have a behavior improvement plan or a behavioral intervention plan, information on the procedure for the student’s parent or person standing in parental relation to the student to request an admission, review, and dismissal committee meeting to discuss the possibility of conducting a functional behavioral assessment of the student and developing a plan for the student;
(B) include in a student ’s special education eligibility school records:
a copy of the written notification provided to the student ’s parent or person standing in parental relation to the student under Paragraph (A);
information on the method by which the written notification was sent to the parent or person; and
the contact information for the parent or person to whom the district sent the notification; and
(C) if the student has a behavior improvement plan or behavioral intervention plan, document each use of time-out prompted by a behavior of the student specified in the student ’s plan, including a description of the behavior that prompted the time-out.
Inform the Assistant Superintendent
While the education code protocols for restraints used with a general education student differ from that of a special education student, FISD policy requires:
The restraint to be documented in the students intervention plan in Branching Minds
Written notification provided to the student ’s parent or person standing in parental relation to the student for each use of restraint that includes (using the template provided)
A copy of the written notification provided to the student ’s parent or person standing in parental relation to the student included in the student's Branching Minds records
Send a copy of the parent letter to the LEA Behavior Specialist, pmorton@ferrisisd.org
The restraint to be documented in Skyward if the restraint was performed by the LEA Police Department Officer/SRO
Contact the LEA Behavior Specialist
LEA Behavior Specialist will support behavior teacher with adding the event to Frontline
Inform the Assistant Superintendent
Contact the LEA Behavior Specialist
When a special education student is restrained, the LEA must:
(A) provide written notification to the student ’s parent or person standing in parental relation to the student for each use of restraint that includes: (using the IEP system)
the name of the student;
the name of the district employee or volunteer or independent contractor of the district who administered the restraint;
the date of the restraint;
the time that the restraint started and ended;
the location of the restraint;
the nature of the restraint;
a description of the activity in which the student was engaged immediately preceding the use of the restraint;
the behavior of the student that prompted the restraint;
any efforts made to de-escalate the situation and any alternatives to restraint that were attempted;
if the student has a behavior improvement plan or a behavioral intervention plan, whether the plan may need to be revised as a result of the behavior that led to the restraint; and
if the student does not have a behavior improvement plan or a behavioral intervention plan, information on the procedure for the student’s parent or person standing in parental relation to the student to request an admission, review, and dismissal committee meeting to discuss the possibility of conducting a functional behavioral assessment of the student and developing a plan for the student;
(B) include in a student ’s special education eligibility school records:
a copy of the written notification provided to the student ’s parent or person standing in parental relation to the student under Paragraph (A);
information on the method by which the written notification was sent to the parent or person; and
the contact information for the parent or person to whom the district sent the notification; and
(C) if the student has a behavior improvement plan or behavioral intervention plan, document each use of time-out prompted by a behavior of the student specified in the student ’s plan, including a description of the behavior that prompted the time-out.
Inform the Assistant Superintendent
While the education code protocols for restraints used with a general education student differ from that of a special education student, FISD policy requires:
The restraint to be documented in the students intervention plan in Branching Minds
Written notification provided to the student ’s parent or person standing in parental relation to the student for each use of restraint that includes (using the template provided)
A copy of the written notification provided to the student ’s parent or person standing in parental relation to the student included in the student's Branching Minds records
Send a copy of the parent letter to the LEA Behavior Specialist, pmorton@ferrisisd.org
The restraint to be documented in Skyward if the restraint was performed by the LEA Police Department Officer/SRO
Contact the LEA Behavior Specialist
Inform the Assistant Superintendent
When any student receiving special education services (regardless of the disability) is subject to a change of placement, the ARDC must:
(A) seek consent to conduct a functional behavioral assessment of the student, if a functional behavioral assessment has never been conducted or the student ’s most recent functional behavioral assessment is more than one year old;
and
(B) review any previously conducted functional behavioral assessment of the student and any behavior improvement plan or behavioral intervention plan developed for the student based on that assessment; and
(2) as necessary:
(A) develop a behavior improvement plan or behavioral intervention plan for the student if the student does not have a plan; or
(B) if the student has a behavior improvement plan or behavioral intervention plan, revise the student ’s plan.
It’s a ‘removal’ from the ‘current educational placement’ that:
Is for more than ten consecutive school days; or
Is a ‘series of removals that constitute a PATTERN’ because:
1. The removals add up to more than 10 school days;
2. The behaviors prompting removal are substantially similar;
AND
3. Such additional factors as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another.
34 CFR 300.530(g)
School personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child's disability, if the child:
1. Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of an SEA or an LEA;
2. Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA; or
3. Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA.
Here is what IDEA has to say about disciplinary removals:
(a) For purposes of removals of a child with a disability from the child’s current educational placement under §§300.530 through 300.535, a change of placement occurs if—
(1) The removal is for more than 10 consecutive school days; or
(2) The child has been subjected to a series of removals that constitute a pattern—
(i) Because the series of removals total more than 10 school days in a school year;
(ii) Because the child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in the series of removals; and
(iii) Because of such additional factors as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another.
Three key features to note about the "series of removal" we must consider: 1) More than 10 days, 2) substantially similar behaviors, and 3) proximity to other behavior incidents.
Walsh recommends if the behaviors are similar or close in proximity, they are a change in placement regardless of what the behavior is. As such, if we consider the new behavior within this context as a change in placement, then yes, a MDR is warranted.
-Contact Director of Special Populations
Use this checklist to review any behavior improvement plans.