Discipline and Students with Disabilities
Discipline of Students with Disabilities
Federal and state laws provide direction as to the disciplining of individuals with disabilities. The following must be closely watched
1. A student with a disability (special education and/or Section 504) may be suspended from school for up to ten (10) days. Without proper supports to wrap-around the child, however, sending the child home might seem be the only option. Our department considers minor offenses and those major non safety offenses to be opportunities to educate the child and suspensions for reasons that are not related to maintaining the safety of the student and/or others (not suspicion of non-safety) are considered exclusions from a day of education. The following procedure will be employed for students with disabilities with regard to potential suspensions from school:
a. Ensure that there is a strong Behavior Support Plan for each student whose behavior interferes with academic success. This language needs to include building-based procedures that are positive supports. When a child misbehaves a de-briefing of the incident must be completed.
Resolving Wrongs to Others and Resolving Conflicts
1. Give the student an isolated place to reflect on the behavior(s)
2. Ask the student what he/she could have done to change the result
3. Ask the student what must be done to correct (“clean-up”) the mistake(s)
4. Expect the student to understand that the mistake may have hurt others. What should be done to correct this and help heal the wounds of bystanders
5. Provide a script for the student to follow
6. Go with the student to resolve the conflict
7. Debrief with the student how important it is to atone for mistakes
8. Schedule a time to follow-up with the student, teacher, class on how the new behaviors are going
9. If the student needs additional help then provide a counselor
10. Complete the COPING Method report
COPING Method and Sample Incident
Control: Make certain the staff and the person who acted out are back under emotional and physical control before discussing the incident.
Orient: Orient yourself to the basic facts. What happened? Be nonjudgmental; Listen to the perspective of the staff and individual who acted out.
Patterns: Look for a pattern of past behavior. What triggers the behavior?
Investigate: Investigate alternatives to the inappropriate behavior and resources that could be helpful in making behavioral changes.
Negotiate: Negotiate a contract with the acting-out individual. Make sure that the person understands what h/she can do instead of displaying inappropriate behavior. Include in your contract consequences for positive and negative behavior.
Give: Return control to the person who acted out. Give him/her back the responsibility to control their behavior, along with your support and encouragement. By giving the person respect and treating him/her with dignity, this can be a time to build rapport and strengthen your relationship with the individual. Forms refer to the next section
COPING Method: Student
COPING Method: Staff
Sample Coping Incident:
Jack (age 7) enters his 2nd grade classroom late and his teacher Mrs. Jenks turns to look and snaps, “You’re late! Get your book out and get started with the activity on the board. Everyone has already started so you probably won’t finish before the reading block.” Jack shuffles through his backpack and pulls out his binder and starts the journal entry. His pencil goes down on his desk and rolls to the floor. His head goes down on the desk.
Mrs. Jenks sees this and yells at Jack “Jack! What’s wrong with you today? Get busy-NOW!
Jack does nothing and Mrs. Jenks yells again. “Get your head up off your desk and get busy!
Noticing no activity and a pencil on the floor, Mrs. Jenks slams her book on her desk and all the children look up, except for Jack, that is. She walks quickly to Jack’s desk and hovers over him allowing her long brunette hair to fall all over Jack’s head. Jack tries to shake it off, but cannot, so he grabs her hair and tries to move the hair from his face. As Jack grabs the hair, Mrs. Jenks pulls hard away and yells—“Let go. You’re hurting me!” Startled, Jack is still trying to get hair out of his face he is still holding the hair until Mrs. Jenks moves away from him and her hair out of the way. He lets go of the hair.
Red-faced Mrs. Jenks yells for a student to go get the principal while she tells Jack to sit down. Jack runs out of the classroom as Mrs. Jenks yells louder to “get back here young man!”
Mr. Downs was first on the scene and finds Mrs. Jenks crying and yelling that Jack needs to be transferred out of her room today or she will quit—“he’s a hair puller!” The principal asks Mrs. Jenks to go to the nurse and rest and calls on the classroom telephone for the Guidance Counselor Ms. Neatly to come to the class right away. He asks for his secretary to ask the School Nurse to speak with Mrs. Jenks and record what she says and to call Jack’s mom to find out what might be going on in the home that might have caused Jack to come to school in this temper.
Once Ms. Neatly arrives to the classroom, Mr. Downs asks her to talk with the kids, get them to settle down and share what happened. She is asked to record what is said.
Student (Jack) COPING:
Control—Mr. Downs finds Jack in the boy’s restroom and he is sitting crying in one of the stalls. The door is locked and Mr. Downs’ efforts to get Jack to open the door fail. Jack is safe, but not ready to talk. Mr. Downs calls his secretary that Jack is safe. He waits for a few moments and he says:” Jack, please open the door. I need to know you’re safe.” Jack opens the door.
Orient—knowing the teacher and Jack’s classmates were in good hands, Mr. Downs asks jack if he would like to come with him to the kitchen. He finds some cookies that a few of the staff had brought in and he offered Jack a cookie and a carton of milk. He starts by saying, when you came in my office this morning, what happened on the bus?
“The bus driver yelled at me because I did not get on the bus.
“Is that all?”
“No.”
“What else?”
“She was yelling at me and told me to sit in the front seat”
“Did you?”
“No. I went to the back of the bus and I sat with my friends.”
“I understand why the bus driver was upset.”
I just didn’t want to leave my mom this morning and I wouldn’t get on the bus. The bus driver yelled at me and told me she would leave so she wasn’t late. My mom walked me to the bus, but I kept trying to stay. She yelled at mom and that made me mad, so when she told me to sit up front I didn’t”
“Why didn’t you want to leave your mom?”
“Gramma died last night and we are all sad.”
All I could do is to ask him to come closer and I hugged him while he cried, cried and cried. I finally said:
“Oh, I understand now why you were sent to my office before you went to class.” “I should have walked you down to class this morning Jack, but I thought you could get there by yourself. After I admonished you for not listening to the bus driver you said you would be good and go to class. I didn’t know what was happening at home. I see now that I should have walked with you and I should have spoken to Mrs. Jenks.
Now, tell me why you pulled Mrs. Jenks hair.”
“I didn’t. When she bent down to talk to me her hair was all over my face and I was just trying to get it out of the way.”
“But you pulled it.”
“She was yelling at me and I got scared. When she pulled away I didn’t think about having had her hair in my hand. Really, Mr. Downs, I wasn’t trying to hurt her, but she was yelling at me and I had all of her hair all over my head. She pulled away and then I let go.
“Thanks Jack.” You can stay here for a little while and either come and sit with me in my office or you can go back to class when you are ready.”
Okay. I think I will stay here for a little while.
“Good. Jack, I am sorry about your grandma. I remember how hard it was for me to lose my grandma many years ago. Also, I need to apologize to you about what happened this morning. I could have helped you more by explaining that you had a hard morning to Mrs. Jenks.
It’s okay Mr. Downs. You’re busy and I’m just a kid. I feel better now, but my mom I sad.
I’ll call her.
Patterns—Jack is a 2nd grade boy and he is having some problems with reading and sometimes he and a small group of boys do annoying things. Mostly, I think the teacher overreacts, but I always talk to him and the others. These kids have been teasing girls on the playground and sometimes the hit and pull their hair. He is a second grade boy. No trends here, except in this case he is upset as any kid would be. I’m glad he told me and I am so glad I was able to hold him while he cried it out. No consequence is needed, except he will apologize to Mrs. Jenks for pulling her hair—after an explanation is offered. I will sit with the three of them and ensure that she is not hard on him.
Investigate—what have we learned about this? I should have walked Jack down to his class and I should have called mom. I know Jack is a good boy and that this situation was not a “playground “incident.
Negotiate—I offered Jack the option to remain in the cafeteria office and either go to my office or go back to class. He went to my office and I have retrieved his work so he can keep busy
Give—Jack was asked to go back to his class after I said I would be serving as a substitute that day for Mrs. Jenks. He would be safe and no more yelling would occur.
Staff COPING:
Control—Mrs. Jenks was laying down in the Nurse’s office and I stopped to talk with her while Jack was in the cafeteria Manager’s office. She was upset with Jack, so I shared what was going on with him. She felt ashamed of herself, but I stated I could have helped the incident from happening by being more careful and empathetic with Jack and with her. I asked her if she was okay. She said no and she started to cry—hard and I hugged her. She is in tension release and will be okay.
Orient—Mrs. Jenks started to talk. She and her husband of 35 years were divorcing and he won’t talk to her. She thinks he has moved in with his secretary at work.
Patterns—Mrs. Jenks has been out 6 times in the last three weeks and staff members have been worried about her. I did not see the signs, nor did I seek her out. She has not been one of my favorite teachers. Any change I suggest is met with scowls and negative remarks. I just asked the Superintendent to reassign her to another building. I am a first year principal and some of the staff are unhappy with the changes I am making. She is one of them, so I tend to stay away from her as much as I can. Today, I feel really like a creep for not being more open to her as a human being.
Investigate—what could I have done differently. Where do I start? First of all, this teacher was in turmoil and I did not show her care and compassion. I feel I did today, but in the previous 5 months I certainly did not.
Negotiate—Mrs. Jenks and I spoke for a little while when Jack came into the office. She asked if she could apologize to Jack. I thought that this was a good idea. She asked Jack if she could hug him and that she was so sorry to hear about the death of his grandma. She shared that she was very close to her grandma and that she taught her to quilt—a fun activity she enjoys even today. Jack stated, “I have a quilt my gramma gave me when I was born.” I love it.”
Mrs. Jenks asked me in front of Jack, “Would you mind if I go home for the rest of the day?” I just feel bad about how I treated Jack and I just don’t feel good right now.
Of course, go when you think you are ready.”
Give—Mrs. Jenks hugged Jack again and I reached out to her and gave her a hug whispering to her that she will be okay and that her school family will help her through this rough time. At that moment she was mine and I would never let her leave our building. I told her as she left that” I would be taking her class for the afternoon and everything would be okay. Let me know if you need tomorrow off too.”
She looked back and gave me a nice smile and said “Thank you.”
Other COPING:
Control—the bus driver shared what Jack shared and I shared what happened to him. She said “everyone has problems.”
Orient-- Ms. Neatly recorded that the kids said Jack wouldn’t do what the teacher asked him to do and she yelled at him—a lot. A couple said her hair was in his face and Jack pulled her hair. Not much different was shared, except some of the girls complained that Jack pulls hair on the playground sometimes. The boys reacted and said they should stop calling him names.
Patterns—the bus driver is often gruff with the kids and I am often dealing with her suspensions for silly behaviors. I must admit, as was the case today I have no patience with some of the annoyances, but I saw the problem as the kids before today. Today I feel different so I got on the phone and demanded that this bus driver be reassigned to another route and that she did not deserve to be working with my kids. My wish was respected.
Investigate—another misstep on my part. The bus driver has been a thorn in my side all year long, but I honored every wish for her to suspend children from their right to transportation. This woman has even refused to add students with disabilities on her bus. Today, I became a principal and today I saw what the real problem was and it was not my kids.
Negotiate-- Jack’s mom came in and asked if she should take Jack home? The secretary suggested that he be allowed to stay the day and that Mr. Downs will bring him home personally. By the way, the bus driver will be changed starting tomorrow morning. Jack’s mom asked if she got her in trouble. “Of course not.” The secretary said. “Mr. Downs doesn’t put up with that kind of behavior.” “You should always be treated with respect and she did not.” “Now, how are you?” “Can we do anything to help your family—and Jack?”
Give—we all went to Jack’s grandmother’s funeral and Jack hugged each one of us. He is ours and a part of our school family. I became their leader.
Epilogue:
Jack and the other students in my building meet with me frequently and I ask how they are. At first they were silent, but now we talk all the time. I now know precipitating factors in their lives.
My new bus driver is warm and wonderful to all the kids that enter her bus and Mrs. Jenks, now Ms. Collins (her maiden name) is one happy teacher and she and I have become great friends. I see her as my new mentor and she treats me like the son she never had.
Resolving Wrongs to Others and Resolving Conflicts
· Give the student an isolated place to reflect on the behavior(s)
· Ask the student what he/she could have done to change the result
· Ask the student what must be done to correct (“clean-up”) the mistake(s)
· Expect the student to understand that the mistake may have hurt others. What should be done to correct this and help heal the wounds of bystanders
· Provide a script for the student to follow
· Go with the student to resolve the conflict
· Debrief with the student how important it is to atone for mistakes
· Schedule a time to follow-up with the student, teacher, class on how the new behaviors are going
· If the student needs additional help then provide a counselor
· Complete the COPING Method report
Provide Therapeutic Support
Close the Issue.
2. A student with disabilities may not be denied a free appropriate public education. If a student with a disability has demonstrated chronic minor offenses the Teacher of Record, in collaboration with the Teacher Support Specialist will discuss strengthening the Behavior Support plan and include supports from local mental health and counseling agencies. Additionally, the goals for the behavior need to be specifically defined and the overall program restricted. For example, if a child is in trouble in passing periods, remove the privilege from the student’s day, etc.
3. If a student’s infractions are chronic major non-safety or major safety issues and the in-school options have been exhausted click for continuum of services a change of placement may be advised. It should be remembered that a student’s program outside of the regular school must be transitioned slowly (1/2-time in school, ½-time in the restrictive environment, etc.).
4. If a student is considered a candidate for expulsion from school a Manifest Determination Conference must be held click for checklist and flowcharts. The purpose of this conference is to discuss the program and restrictions placed in the current IEP, to review the behavior supports applied and discuss their successes/failures, and to determine whether there is a “causal” relationship between the violation(s) and the student’s disability.
5. If there is a causal relationship the student cannot be expelled from school. The program should be modified to meet the student’s needs as expressed in his/her behavior(s).
6. If there is NOT a causal relationship between the violation(s) and the student’s disability the student’s program may be changed to a more restrictive setting (Restorative full-day, including Day Treatment or Day Treatment full-day, or other options that are more restrictive, such as jail or juvenile detention.
7. Students not identified with a special education disability, but are eligible for Section 504 would be treated differently in that if there is NOT a causal relationship between the physical or mental impairment and the violation the student may be offered the same due process as provided to any other non-disabled student.
8. A student who is eligible for Section 504 (non-special education) who violates the school’s drug, alcohol, and/or weapons code of conduct are not afforded a Manifest determination conference and will be afforded the same due process as non-disabled individuals.
9. Students eligible for special education may never be denied a free appropriate public education, but the least restrictive environment may become the most restrictive environment depending on the violation(s).
10. Students being considered for special education (a referral for Special Education or Section 504 Consideration is tendered is protected as if they have a disability and any expulsion must be “stayed” until the eligibility is determined. In this case the options provided to students with disability can be utilized (such as Restoration or Day Treatment, etc.).
Useful Links:
National Association of Special Education Teachers Discipline of Students in Special Education Series
National Association of Special Education Teachers Behavior Management Series
Federal and state laws provide direction as to the disciplining of individuals with disabilities. The following must be closely watched
1. A student with a disability (special education and/or Section 504) may be suspended from school for up to ten (10) days. Without proper supports to wrap-around the child, however, sending the child home might seem be the only option. Our department considers minor offenses and those major non safety offenses to be opportunities to educate the child and suspensions for reasons that are not related to maintaining the safety of the student and/or others (not suspicion of non-safety) are considered exclusions from a day of education. The following procedure will be employed for students with disabilities with regard to potential suspensions from school:
a. Ensure that there is a strong Behavior Support Plan for each student whose behavior interferes with academic success. This language needs to include building-based procedures that are positive supports. When a child misbehaves a de-briefing of the incident must be completed.
Resolving Wrongs to Others and Resolving Conflicts
1. Give the student an isolated place to reflect on the behavior(s)
2. Ask the student what he/she could have done to change the result
3. Ask the student what must be done to correct (“clean-up”) the mistake(s)
4. Expect the student to understand that the mistake may have hurt others. What should be done to correct this and help heal the wounds of bystanders
5. Provide a script for the student to follow
6. Go with the student to resolve the conflict
7. Debrief with the student how important it is to atone for mistakes
8. Schedule a time to follow-up with the student, teacher, class on how the new behaviors are going
9. If the student needs additional help then provide a counselor
10. Complete the COPING Method report
COPING Method and Sample Incident
Control: Make certain the staff and the person who acted out are back under emotional and physical control before discussing the incident.
Orient: Orient yourself to the basic facts. What happened? Be nonjudgmental; Listen to the perspective of the staff and individual who acted out.
Patterns: Look for a pattern of past behavior. What triggers the behavior?
Investigate: Investigate alternatives to the inappropriate behavior and resources that could be helpful in making behavioral changes.
Negotiate: Negotiate a contract with the acting-out individual. Make sure that the person understands what h/she can do instead of displaying inappropriate behavior. Include in your contract consequences for positive and negative behavior.
Give: Return control to the person who acted out. Give him/her back the responsibility to control their behavior, along with your support and encouragement. By giving the person respect and treating him/her with dignity, this can be a time to build rapport and strengthen your relationship with the individual. Forms refer to the next section
COPING Method: Student
COPING Method: Staff
Sample Coping Incident:
Jack (age 7) enters his 2nd grade classroom late and his teacher Mrs. Jenks turns to look and snaps, “You’re late! Get your book out and get started with the activity on the board. Everyone has already started so you probably won’t finish before the reading block.” Jack shuffles through his backpack and pulls out his binder and starts the journal entry. His pencil goes down on his desk and rolls to the floor. His head goes down on the desk.
Mrs. Jenks sees this and yells at Jack “Jack! What’s wrong with you today? Get busy-NOW!
Jack does nothing and Mrs. Jenks yells again. “Get your head up off your desk and get busy!
Noticing no activity and a pencil on the floor, Mrs. Jenks slams her book on her desk and all the children look up, except for Jack, that is. She walks quickly to Jack’s desk and hovers over him allowing her long brunette hair to fall all over Jack’s head. Jack tries to shake it off, but cannot, so he grabs her hair and tries to move the hair from his face. As Jack grabs the hair, Mrs. Jenks pulls hard away and yells—“Let go. You’re hurting me!” Startled, Jack is still trying to get hair out of his face he is still holding the hair until Mrs. Jenks moves away from him and her hair out of the way. He lets go of the hair.
Red-faced Mrs. Jenks yells for a student to go get the principal while she tells Jack to sit down. Jack runs out of the classroom as Mrs. Jenks yells louder to “get back here young man!”
Mr. Downs was first on the scene and finds Mrs. Jenks crying and yelling that Jack needs to be transferred out of her room today or she will quit—“he’s a hair puller!” The principal asks Mrs. Jenks to go to the nurse and rest and calls on the classroom telephone for the Guidance Counselor Ms. Neatly to come to the class right away. He asks for his secretary to ask the School Nurse to speak with Mrs. Jenks and record what she says and to call Jack’s mom to find out what might be going on in the home that might have caused Jack to come to school in this temper.
Once Ms. Neatly arrives to the classroom, Mr. Downs asks her to talk with the kids, get them to settle down and share what happened. She is asked to record what is said.
Student (Jack) COPING:
Control—Mr. Downs finds Jack in the boy’s restroom and he is sitting crying in one of the stalls. The door is locked and Mr. Downs’ efforts to get Jack to open the door fail. Jack is safe, but not ready to talk. Mr. Downs calls his secretary that Jack is safe. He waits for a few moments and he says:” Jack, please open the door. I need to know you’re safe.” Jack opens the door.
Orient—knowing the teacher and Jack’s classmates were in good hands, Mr. Downs asks jack if he would like to come with him to the kitchen. He finds some cookies that a few of the staff had brought in and he offered Jack a cookie and a carton of milk. He starts by saying, when you came in my office this morning, what happened on the bus?
“The bus driver yelled at me because I did not get on the bus.
“Is that all?”
“No.”
“What else?”
“She was yelling at me and told me to sit in the front seat”
“Did you?”
“No. I went to the back of the bus and I sat with my friends.”
“I understand why the bus driver was upset.”
I just didn’t want to leave my mom this morning and I wouldn’t get on the bus. The bus driver yelled at me and told me she would leave so she wasn’t late. My mom walked me to the bus, but I kept trying to stay. She yelled at mom and that made me mad, so when she told me to sit up front I didn’t”
“Why didn’t you want to leave your mom?”
“Gramma died last night and we are all sad.”
All I could do is to ask him to come closer and I hugged him while he cried, cried and cried. I finally said:
“Oh, I understand now why you were sent to my office before you went to class.” “I should have walked you down to class this morning Jack, but I thought you could get there by yourself. After I admonished you for not listening to the bus driver you said you would be good and go to class. I didn’t know what was happening at home. I see now that I should have walked with you and I should have spoken to Mrs. Jenks.
Now, tell me why you pulled Mrs. Jenks hair.”
“I didn’t. When she bent down to talk to me her hair was all over my face and I was just trying to get it out of the way.”
“But you pulled it.”
“She was yelling at me and I got scared. When she pulled away I didn’t think about having had her hair in my hand. Really, Mr. Downs, I wasn’t trying to hurt her, but she was yelling at me and I had all of her hair all over my head. She pulled away and then I let go.
“Thanks Jack.” You can stay here for a little while and either come and sit with me in my office or you can go back to class when you are ready.”
Okay. I think I will stay here for a little while.
“Good. Jack, I am sorry about your grandma. I remember how hard it was for me to lose my grandma many years ago. Also, I need to apologize to you about what happened this morning. I could have helped you more by explaining that you had a hard morning to Mrs. Jenks.
It’s okay Mr. Downs. You’re busy and I’m just a kid. I feel better now, but my mom I sad.
I’ll call her.
Patterns—Jack is a 2nd grade boy and he is having some problems with reading and sometimes he and a small group of boys do annoying things. Mostly, I think the teacher overreacts, but I always talk to him and the others. These kids have been teasing girls on the playground and sometimes the hit and pull their hair. He is a second grade boy. No trends here, except in this case he is upset as any kid would be. I’m glad he told me and I am so glad I was able to hold him while he cried it out. No consequence is needed, except he will apologize to Mrs. Jenks for pulling her hair—after an explanation is offered. I will sit with the three of them and ensure that she is not hard on him.
Investigate—what have we learned about this? I should have walked Jack down to his class and I should have called mom. I know Jack is a good boy and that this situation was not a “playground “incident.
Negotiate—I offered Jack the option to remain in the cafeteria office and either go to my office or go back to class. He went to my office and I have retrieved his work so he can keep busy
Give—Jack was asked to go back to his class after I said I would be serving as a substitute that day for Mrs. Jenks. He would be safe and no more yelling would occur.
Staff COPING:
Control—Mrs. Jenks was laying down in the Nurse’s office and I stopped to talk with her while Jack was in the cafeteria Manager’s office. She was upset with Jack, so I shared what was going on with him. She felt ashamed of herself, but I stated I could have helped the incident from happening by being more careful and empathetic with Jack and with her. I asked her if she was okay. She said no and she started to cry—hard and I hugged her. She is in tension release and will be okay.
Orient—Mrs. Jenks started to talk. She and her husband of 35 years were divorcing and he won’t talk to her. She thinks he has moved in with his secretary at work.
Patterns—Mrs. Jenks has been out 6 times in the last three weeks and staff members have been worried about her. I did not see the signs, nor did I seek her out. She has not been one of my favorite teachers. Any change I suggest is met with scowls and negative remarks. I just asked the Superintendent to reassign her to another building. I am a first year principal and some of the staff are unhappy with the changes I am making. She is one of them, so I tend to stay away from her as much as I can. Today, I feel really like a creep for not being more open to her as a human being.
Investigate—what could I have done differently. Where do I start? First of all, this teacher was in turmoil and I did not show her care and compassion. I feel I did today, but in the previous 5 months I certainly did not.
Negotiate—Mrs. Jenks and I spoke for a little while when Jack came into the office. She asked if she could apologize to Jack. I thought that this was a good idea. She asked Jack if she could hug him and that she was so sorry to hear about the death of his grandma. She shared that she was very close to her grandma and that she taught her to quilt—a fun activity she enjoys even today. Jack stated, “I have a quilt my gramma gave me when I was born.” I love it.”
Mrs. Jenks asked me in front of Jack, “Would you mind if I go home for the rest of the day?” I just feel bad about how I treated Jack and I just don’t feel good right now.
Of course, go when you think you are ready.”
Give—Mrs. Jenks hugged Jack again and I reached out to her and gave her a hug whispering to her that she will be okay and that her school family will help her through this rough time. At that moment she was mine and I would never let her leave our building. I told her as she left that” I would be taking her class for the afternoon and everything would be okay. Let me know if you need tomorrow off too.”
She looked back and gave me a nice smile and said “Thank you.”
Other COPING:
Control—the bus driver shared what Jack shared and I shared what happened to him. She said “everyone has problems.”
Orient-- Ms. Neatly recorded that the kids said Jack wouldn’t do what the teacher asked him to do and she yelled at him—a lot. A couple said her hair was in his face and Jack pulled her hair. Not much different was shared, except some of the girls complained that Jack pulls hair on the playground sometimes. The boys reacted and said they should stop calling him names.
Patterns—the bus driver is often gruff with the kids and I am often dealing with her suspensions for silly behaviors. I must admit, as was the case today I have no patience with some of the annoyances, but I saw the problem as the kids before today. Today I feel different so I got on the phone and demanded that this bus driver be reassigned to another route and that she did not deserve to be working with my kids. My wish was respected.
Investigate—another misstep on my part. The bus driver has been a thorn in my side all year long, but I honored every wish for her to suspend children from their right to transportation. This woman has even refused to add students with disabilities on her bus. Today, I became a principal and today I saw what the real problem was and it was not my kids.
Negotiate-- Jack’s mom came in and asked if she should take Jack home? The secretary suggested that he be allowed to stay the day and that Mr. Downs will bring him home personally. By the way, the bus driver will be changed starting tomorrow morning. Jack’s mom asked if she got her in trouble. “Of course not.” The secretary said. “Mr. Downs doesn’t put up with that kind of behavior.” “You should always be treated with respect and she did not.” “Now, how are you?” “Can we do anything to help your family—and Jack?”
Give—we all went to Jack’s grandmother’s funeral and Jack hugged each one of us. He is ours and a part of our school family. I became their leader.
Epilogue:
Jack and the other students in my building meet with me frequently and I ask how they are. At first they were silent, but now we talk all the time. I now know precipitating factors in their lives.
My new bus driver is warm and wonderful to all the kids that enter her bus and Mrs. Jenks, now Ms. Collins (her maiden name) is one happy teacher and she and I have become great friends. I see her as my new mentor and she treats me like the son she never had.
Resolving Wrongs to Others and Resolving Conflicts
· Give the student an isolated place to reflect on the behavior(s)
· Ask the student what he/she could have done to change the result
· Ask the student what must be done to correct (“clean-up”) the mistake(s)
· Expect the student to understand that the mistake may have hurt others. What should be done to correct this and help heal the wounds of bystanders
· Provide a script for the student to follow
· Go with the student to resolve the conflict
· Debrief with the student how important it is to atone for mistakes
· Schedule a time to follow-up with the student, teacher, class on how the new behaviors are going
· If the student needs additional help then provide a counselor
· Complete the COPING Method report
Provide Therapeutic Support
Close the Issue.
2. A student with disabilities may not be denied a free appropriate public education. If a student with a disability has demonstrated chronic minor offenses the Teacher of Record, in collaboration with the Teacher Support Specialist will discuss strengthening the Behavior Support plan and include supports from local mental health and counseling agencies. Additionally, the goals for the behavior need to be specifically defined and the overall program restricted. For example, if a child is in trouble in passing periods, remove the privilege from the student’s day, etc.
3. If a student’s infractions are chronic major non-safety or major safety issues and the in-school options have been exhausted click for continuum of services a change of placement may be advised. It should be remembered that a student’s program outside of the regular school must be transitioned slowly (1/2-time in school, ½-time in the restrictive environment, etc.).
4. If a student is considered a candidate for expulsion from school a Manifest Determination Conference must be held click for checklist and flowcharts. The purpose of this conference is to discuss the program and restrictions placed in the current IEP, to review the behavior supports applied and discuss their successes/failures, and to determine whether there is a “causal” relationship between the violation(s) and the student’s disability.
5. If there is a causal relationship the student cannot be expelled from school. The program should be modified to meet the student’s needs as expressed in his/her behavior(s).
6. If there is NOT a causal relationship between the violation(s) and the student’s disability the student’s program may be changed to a more restrictive setting (Restorative full-day, including Day Treatment or Day Treatment full-day, or other options that are more restrictive, such as jail or juvenile detention.
7. Students not identified with a special education disability, but are eligible for Section 504 would be treated differently in that if there is NOT a causal relationship between the physical or mental impairment and the violation the student may be offered the same due process as provided to any other non-disabled student.
8. A student who is eligible for Section 504 (non-special education) who violates the school’s drug, alcohol, and/or weapons code of conduct are not afforded a Manifest determination conference and will be afforded the same due process as non-disabled individuals.
9. Students eligible for special education may never be denied a free appropriate public education, but the least restrictive environment may become the most restrictive environment depending on the violation(s).
10. Students being considered for special education (a referral for Special Education or Section 504 Consideration is tendered is protected as if they have a disability and any expulsion must be “stayed” until the eligibility is determined. In this case the options provided to students with disability can be utilized (such as Restoration or Day Treatment, etc.).
Useful Links:
National Association of Special Education Teachers Discipline of Students in Special Education Series
National Association of Special Education Teachers Behavior Management Series