Special Education Law Blog

Spring Fever and Behaviors

While I have not seen any scientific or statistical studies, in my personal experience the period from mid-April to the end of the year can be among the most problematic periods for serious behaviors in school.  I do not think that it is an accident or happenstance that some of the worst violence in schools has occurred during this period of time.  Bad things can happen in school at any time but during this period the odds seem higher.

Effectiveness and Safety of Psychological Medications Questioned

The safety of drugs prescribed for ADHD have again been called into question. For depression the effectiveness of anti-depressants has been raised in a recent report reported in the Washington Post. Fortunately, under IDEA 2004, parents do not have to make a harsh choice between receiving services and having their child take medications that may not be effective (but frequently have side-effects) or in some cases can have serious risks.  Among the beneficial changes to IDEA 2004 is that schools can not condition the provision of services on parents medicating their children.

Behavior Intervention Out of Control

In a rural school district in Harvard, Illinois a substitute teacher was arrested for using masking tape to bind  the arms, legs and mouths  of two students with special needs.  The teacher's first explanation was that he did it as a means of  discipline, but then claimed he was joking.  The only one really out of control in this situation was the teacher. Criminal charges are pending.

New Data Collection System Benefits Children With ASD, Sensory Issues, and Behaviors

Good qualtity data collection to address a child's behaviors in school is one of the most stubborn issues that I confront. Often no data is collected, data is collected in a format that is not useful (e.g. simple hash marks with no context), or it is not generated across settings and disciplines. In the event that it is initially created in a useful format  and all the other issues are also addressed  (not a frequent  occurrance), the data is rarely updated to determine the effectiveness of  the plan whether a BIP or a sensory diet. 

Mary Block, who is a school and clincially-based occupational therapist (see brief biography below),  has designed an elegant online solution to these issues of data collection and updating data for FBAs, BIPs and sensory plans.  The product is entitled Student Occupational Time Line which is trademarked under the acronym of SOTL. This product is designed expressly (but not exclusively) for the school setting.

SOTL allows data input from multiple informants, across settings and over time.  It takes much of the drudge and effort out of the process of data collection, and also allows for tabulation and analysis all to the benefit of the child and the staff working with him or her.  [The continuation of this post with the exception of the concluding paragraph was written by Mary Block.]

Bi-Polar Disorder Different in Children

A comprehensive landmark study of children and adolescents with bi-polar disorder has been released.  The overall finding of this study is that the symptoms last longer and swing more rapidly from hyperactivity and recklessness to lethargy and depression.

Striking Similarities Between Special Education In Prison and Outside

The harsh reality is that a large number of adults in prison are failed special education students.  What schools frequently fail to recognize is that the stakes for students who receive special education runs the gamut from a meaningful life to a life behind bars.  The following story puts a human face on the experience of one teacher working in a juvenile prison school in Georgia.

School Files for Restraining Order Against Child With Downs Syndrome

A Maryland School District filed for a restraining order in court against a young child with Downs Syndrome seeking to have him placed in a totally self contained school for children aged 3-21.  While it is hard to discern the total facts of this case from the news story, it appears that the child has communication issues and was restrained in school.  If his communication issues were not appropriately addressed, and staff did not have proper training or applied restraint when it was not needed, these factors certainly could have lead to the child's behavioral escalation.

Tennessee To Study Dramatic Increase in Prescriptions for Behavioral Issues

Officials with TennCare, the state run Medicaid managed care organization, have announced a pilot study [Download TennCare Pilot Study.pdf] of the use of psychotropic medications in children to treat conditions such as depression and ADHD.  The impetus for this study is that "TennCare has seen  dramatic increases in potentially harmful levels of utilization, with unproven therapies",  according to J.D. Hickey,  Deputy Commissioner of TennCare.

School Crime Rates Down Significantly

A recent comprehensive study from the Department of Education and the Bureau of Justice Statistics have found that from 1992 to 2003 there have been major improvements in student safety in schools. The overall rate has dropped over 40%.  The report indicates very low rates of serious violent crimes, but rates of theft, drugs and bullying are still widespread problems.

Legal Points for FBAs and BIPs

While Illinois courts have refused to adopt specific legal requirements for FBAs and BIPs, there is guidance available from other states (as discussed below). Courts and hearing officers will definitely look at the sufficiency of the behavioral planning in determining whether a FAPE has been provided. The cases discussed below are illustrative cases from Illinois.

1. Illinois does not endorse a specific legal scheme for BIPS, but there are worthwhile legal guidance from other jurisdictions.  In the case Mason City Community School District, 38 IDELR 50 at 199-201 (2001), the review panel set out a four-part test to determine the sufficiency of a BIP under IDEA.  First, the BIP must be based upon assessment data; second, the BIP must be individualized to meet the child’s unique needs; third, the BIP must include positive behavioral change strategies; and fourth, the BIP must be consistently implemented and monitored.
2. Behavioral intervention is defined as an “[I]ntervention based upon the methods and empirical findings of behavioral science and designed to influence a child’s actions or behaviors positively.” 23 Ill.Adm. Code 226.75 (emphasis added).  Both Federal and State regulations implementing IDEA reflect this emphasis on the need for positive behavioral interventions as part of the child’s IEP.  See Appendix A interpreting the regulations in 34 C.F.R. part 300 question 26, which states that a person knowledgeable about positive behavioral interventions should be part of the IEP when a child’s behaviors impede his or her education.  Question 38 states emphatically that failure to appropriately address behaviors that impede a child’s education is a denial of FAPE. 34 C.F.R. part 300 question 38. See also 23 Ill. Adm Code 226.220(e), 226.230(b), 226. 750(b); and Bristol Township School District, 36 IDELR 145 at 626 (2002).
3. FAPE was denied to a child on the autism spectrum in Grayslake CCSD #46, 37 IDELR 239 (2002), because the FBA and BIP were insufficient and untimely, and the staff lacked the expertise to undertake the task and failed to contract for staff with more expertise in behavioral intervention.  Residential placement and significant compensatory education were ordered.
4. FBAs and BIPs are often critical in making a legally sufficient determination on placement. Oak Park and River Forest H.S. District #200, 34 IDELR 161 (2001).  A valid FBA/BIP was a needed prelude to moving a child to a more restrictive placement.  In Sandwich Community Unit School District No. 430, 35 IDELR 173 (2001), a BIP was needed to address a child’s truancy, rather than changing to a more restrictive placement.  In District No. 211 v. Michael R., 44 IDELR 36 (N.D. Ill. 2005), a valid FBA and BIP that had been revised and reconsidered over time were important elements in supporting the district’s determination to move the child to a more restrictive placement.