In contrast with professional norms and best practices, the legal requirements for functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) are meager in scope and specificity (Collins & Zirkel, 2017). Section 504 of the Rehabilitation Act makes no mention of FBAs or BIPs, and the Individuals with Disabilities Education…

In contrast with professional norms and best practices, the legal requirements for functional behavioral assessments (FBAs) and behavior intervention plans (BIP) are meager in scope and specificity (Collins & Zirkel, 2017). Section 504 of the Rehabilitation Act (2017) makes no mention of FBAs or BIPs, and the Individuals with Disabilities…

The Supreme Court case of "Endrew F. v. Douglas County District RE"-1 (2017) has renewed interest in the Free and Appropriate Public Education (FAPE) mandate of the Individuals with Disabilities Act (IDEA). The court's ruling expands the term "appropriate" to a consideration of progress for academics and behavior. This shift…

The authors discuss the journal article by Perry Zirkel on legal action in regard to functional behavioral assessment (FBA) and behavior intervention plans (BIPs). They contend that the Zirkel article opens larger questions that will be central to ongoing discussions at the national, state, district, school, and family levels. Such issues include…

Court-involved, female students often experience trauma and disproportionate school discipline, complicating their academic success. This mixed-method study examines students' use of and experiences with the Monarch Room (MR), a trauma-informed disciplinary alternative. The study examines service utilization, using a repeated measures analysis of…

While functional behavioral assessments (FBAs) are currently federally mandated requirements, public schools have not been provided clear federal guidance concerning what constitutes an acceptable FBA through Individuals With Disabilities Education Act or related regulations. The purpose of this article is to examine recent rulings regarding FBAs…

Exemplifying the insufficient treatment of legal issues in refereed journals in special education and related fields, the limited legal coverage of functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) tends to view the applicable case law through normative lenses. This skewed view characterizes the case law as requiring…

There is no evidence that physically restraining or putting children in unsupervised seclusion in the K-12 school system provides any educational or therapeutic benefit to a child. In fact, use of either seclusion or restraints in non-emergency situations poses significant physical and psychological danger to students. Yet the first round of data…

This paper examines congressional intent regarding the treatment of children with behavior problems and, by examining administrative and court decisions interpreting these provisions, compares those intentions with actual implementation of the mandate. It also includes a brief discussion of the research supporting use of Functional Behavioral…

The use of seclusion timeout in school settings has again become controversial. For more than 35 years there have been recommendations that states and schools develop policies and procedures regarding the use of seclusion timeout in school settings. Recent lawsuits brought against school districts accusing them of violating student rights through…

This introductory article to a special series discusses requirements under the 1997 amendments to the Individuals with Disabilities Education Act to base behavioral intervention planning and positive behavioral support on information obtained through a functional behavioral assessment (FBA) process. The lack of guidance on FBAs and strategies for…

This article explores the status of implementation of the behavioral and discipline requirements of the Individuals with Disabilities Education Act of 1997. Data are presented from complaints, hearings, and court decisions that suggest that the overall discrepancy between competency expectation for Individualized Education Program (IEP) teams and…

When a child with a disability behaves in a manner which threatens the safety of other children and staff in the school, school authorities are faced with a dilemma. The balance between the competing interests of individuals and the school community is never more clearly seen than in such a situation. The child has a right to participate equally…

Presented in a question-and-answer format, this book provides information related to how schools can effectively discipline students. It reviews in detail the controlling directives of the Individuals with Disabilities Education Act 1997 as it concerns students with disabilities and provides information on how the amended statute and new…