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What are the guidelines for removing a child from a behavior class when placement is determined by IEP?

  • I am a teacher in a school that houses our system's behavior modification program. The program, in the past, has been for students who disrupted the learning environment to such a degree that BIPs and crisis plans weren't successful for the student (nor for the education of the other children in the class). It generally takes a classroom teacher a year to complete all the interventions, documentation, proof of history of problems, failed BIPs, etc. For the past 2 years, I have had a child bused to our school for the behavior mod program yet placed in my classroom without any meeting to provide review of needs, plans, triggers, etc. I have questioned this program numerous times to such a degree & avoidance has been the only response. Both years, the children have been placed in my classroom for FULL school days with NO support or ability to remove the child when necessary for instruction (or sanity) to occur. No classroom behavior plan was suggested so I had to create my own hourly behavior program & conduct a 4-hour long meeting with the parent ON MY OWN to get reinforcement of MY plan at home. This year, I got another child. He was "dismissed" from the program solely by the behavior mod teacher without meeting because they learned the program was funded via special ed funding, & so only kids with SpEd classification would be in the class. This child HAD an IEP which I thought qualified him for SpEd services. I was told by one admin. that I should receive support from the behavior class, so I've sent him to the behavior room 6 times this entire school year. I then rcvd an e-mail from another school admin that I COULDN'T send him because he wasn't SpEd (yet he HAS an IEP) & that I was to send him to the office for discipline like all other children. HOWEVER, my concern is this...placing the child in "time out", ISS, or OSS which is our system discipline plan WILL remove him so that I can teach, and it WILL allow him cool-down time AFTER the behavior occurs BUT will teach him NO skills regarding how to cool-down BEFORE the behavior has occurred (which should be the goal). I have asked both years time and time again whether there was a format, guideline, benchmarks, etc. in place to track gains...were there any special "coping" classes being held to teach him ways to "modify his behavior" (i.e. anger mgmt., etc.) but there apparently aren't because I can't get an answer & my student last year told me that he liked acting up because he'd get sent there & could play on the computer all day. I am outraged to the point of considering seeking legal counsel. I don't mind having a child with behavior difficulties in my classroom, I don't mind having him in my classroom exclusively, I DO mind his not receiving ANY training for skills or techniques to correct the behavior from his behavior mod class. I DO mind that I can't remove him from my room to permit instruction for the other children when it's clearly not misused (although one would wonder how it could be misused when he's supposed to be in that class full-time). I DO mind that I can't get a clear answer from anyone in administration regarding the protocol for entrance and dismissal from the program. The disservice being done to the child, all my other children, and my ability to do my job has frustrated me so much that I am seriously considering quitting (after 16 years of teaching). The federal govt. has placed benchmarks under NCLB that we MUST meet yet there's no "formula" that includes a consideration for the lack of conducive learning permitted as a result of this failed program. Most all teachers in our school feel the same way, a few have voiced their concerns, the remainder complain about it but don't want to make waves. EVERY time ANY of us have walked into the behavior classroom, the few kids that are in there are either: watching a movie, playing outside with aides, playing with class toys, or playing on the computer while the teacher, aides, AND school psychologist are sitting around on the computer, texting, or chit chatting and laughing...literally EVERY time. No one has seen a discussion, lesson, or guidance being given. We all say we want to apply for that job...what a dream - more adults than kids, no planning, instruction, testing, accountability - throw the kid in a regular classroom & read a newspaper...I want THAT job. Any information you can provide on state or federal guidelines would be very beneficial as I plan to pioneer a change in the current program accordingly.

  • Answer:

    All I can say is HOLY COW! I work in what you could call a "behavior classroom" in our area it's "center for theraputic education" IF you walked in on a Friday afternoon, you might see the scene you describe. This is one way we can get more compliance during the week...work towards a pleasurable goal. BUT they must work for it. Those that don't earn it, don't get it. Sometimes we take a student outside to "play" as a way to talk away from the group, help them regain control, open up about a problem, brainstorm...a variety of reasons. Most of the time though, it's a pretty intensive class. We do group therapy, small group instruction, 1-1 instruction. We de-esclate serious conflicts. We get kids who swear at us and call us names. Last Thursday the teacher and I had to restrain a student while waiting for police. Most people would not at all want "that" job. It takes a special type of personality. We are a county program on a local school district campus. We screen which kids we put into mainstream and send and aide. If the student proves to be successfull in the mainstream, we fade the aide back. We also give the teacher our direct class phone number. If there's an issue they know they can call us to come remove the student. The student WILL have consequences with us, which may include complete removal from the mainstream environment until behavior is improved. Since you are the teacher, you should be at the IEP meetings for students placed in your classroom. Make sure that you are included next time. Why can't you remove the disruptive student from class? I would ask that the student only be allowed in your class if they have an aide from their class present to handle any problems, that's their job! To teach this child appropriate classroom behavior, and deal with it when they haven't. Can't your principal back you up on this? If not, why not? This seems like he/she's not doing their job. This seems cut and dried to me. I'd keep sending him to ISS or OSS. To many days of suspension due to behavior will trigger a Manifestation Determination meeting. This is a meeting to determine if placement is appropriate If a child is removed from his school setting for 10 days, it constitutes a "change in placement" Here's more about it.... Manifestation Determination The IDEA requires that "within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of school conduct ..." the school, "the parent, and relevant members of the IEP Team shall review all relevant information in the student's file, including the child's IEP, any teacher observations, and any relevant information provided by the parents to determine - (I) if the conduct in question was caused by, or had a direct and substantial relationship to the child's disability; or (II) if the conduct in question was the direct result of the local educational agency's failure to implement the IEP. If the group determines that the child's behavior was a manifestation of the child's disability, the IEP team shall - (i) conduct a functional behavioral assessment, and implement a behavior intervention plan ... (ii) in the situation where a behavioral intervention plan has been developed, review the behavioral intervention plan ... and modify it, as necessary, to address the behavior; and (iii) ... return the child to the placement from which the child was removed ..." (20 U.S.C. 1415(k)(1)(F)); see Wrightslaw: IDEA 2004, page 112) You're on campus WITH the behavior modification program, you're not the behavior modification program. They need to step up and do their job. Document all the cases of disruption by this student. Document all the cases of trying to get help and being rebuffed. You should be part of that meeting, so having the documentation and information handy will be helpfull in getting this child the help he needs. I'd love to brainstorm some more with you if you'd like to e-mail me. I just threw stuff out as I thought of it. A student cannot be pushed into your classroom unsupported, allowed to act this way and disrupt everyone elses learning. Here's an excellent resource for you to read over the weekend http://www.wrightslaw.com/info/discipl.index.htm ABSURD!!!!! I'm sorry you're having to deal with this. Good Luck!

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The BEST message board for these type problems - http://www.millermom.proboards107.com/index.cgi?board=Education

jdeekdee

You have a very complex situation and even with your long explanation, I'm not sure I totally understand. I recommend that you go to http://www.wrightslaw.com so you can figure out if any laws or regs are being violated.

alegrias

I hope you find the answer to your question, I know how difficult it can be to deal with students with behavioral issues, even worse when they have IEP's because usually there are learining deficiencies associated with the child. Clearly seems like the childs needs are definitely not being met if you have not been informed of the childs needs. You should not have to research the IEP to see what is going on with the child. If you are a "regular" ed classroom teacher, the teacher who is handling the childs IEP should have collaborated with you so that you are all on the same page. I have the same frustration in that we have students with special needs who can get so disruptive that it hinders the other students in the classrooms education. We too are limited in what we can do. We have a 'cooling off" room, but it too is filled with toys. I don't see how that is "cooling off" when they make it seem like Disneyland. Of course they are going to act up. Good luck to you!

GGGG lou EEEE

Check your state education agency website for some guidance on eligibility. LIRE is one issue... but..if you are having meetings and making IEP goals with no one else in attendance, I would say there is a huge legal issue. Are you a member of a teachers union? I have never heard of an LSSP actually running/teaching a classroom before, interesting. LSSP programs do not require teaching cert or experience. How does that meet the highly qualified teaching standard? I know a lot of LSSPs that work their tails off, I also know a lot that feel their job is to delegate to others bec. they are above it all. I wouldn't put them all in the same pot, but I hear your frustration.

HRH ES

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