When to conduct a functional behavioral assessment (FBA) is a question answered by both best practice and the law. The special education field continues to improve the effectiveness and efficiency of the functional behavioral assessment, an evidence-based technology that is the basis of a behavior intervention plan (BIP) and a cornerstone of the…

During the past two decades, scholars, educators, and special interest organizations, including advocacy groups, have critically examined and debated the ethical and legal use of aversive interventions with individuals with disabilities. These interventions comprise a broad spectrum of behavior management techniques including but not at all…

Behavior management can be a key to student, teacher, and district success. When students with disabilities are served, effective behavior management is even more critical. Failure to implement proper discipline with students with disabilities can have financial consequences. For students, the emotional toll can be greater, albeit intangible.…

Changes to the Individuals with Disabilities Education Improvement Act (Public Law 108-446) (now known as the Individuals with Disabilities Education Act of 2004: IDEA) mandated new requirements for providing discipline to students with disabilities. These changes led to simplified procedures when students with disabilities commit infractions of…

School districts are on safer legal ground if they recommend appropriate educational services for each special-needs child, convene parents and school personnel for Individual Education Plan meetings, make placement decisions based on individualized, thorough evaluations; document alternative options; develop behavior-management programs, and use…

A survey of exclusionary discipline practices with handicapped students revealed a national pattern of "de facto" differential treatment. In denying a school's unilateral authority to remove dangerous or disruptive students, the Supreme Court's judgment in "Honig v. Doe" (1988) took precedence over all earlier court decisions.…

Seclusion timeout and physical restraint are aversive procedures designed to reduce or eliminate students' serious problem behavior. Using these procedures with students in special education has become commonplace in the last decade. Nevertheless, both seclusion timeout and physical restraint procedures have been, and continue to be, quite…

This paper presents an outline and analysis of federal legislation and court decisions relevant to the exclusion of students with disabilities by school systems through the filing of delinquency and other petitions based upon in-school behavior. In many cases the behavior is related to the disability and/or to the consequences of the school…