Chapter 8: Behavior and Discipline

Behavior and Discipline

As parents, we want our children to be able to go to school every day, knowing that their academic and social needs will be met in a supportive environment that is conducive to successful learning. We want them to be safe. However, a significant increase in incidents of school violence in recent years has created controversy on issues specific to behavior and discipline. The challenge most schools and communities are now faced with is how to balance the need for safety with the need to educate our children, and help them gain the skills necessary to function appropriately in a variety of environments. This includes students whose disabilities may cause them to behave in challenging ways.

According to Judy Heumann, former US Department of Education, Assistant Secretary of Special Education and Rehabilitative Services, "One thing we've learned is that expulsions and exclusion from schools don't take us very far. They do little to address the causes of the behavior that makes us want to discipline a child in the first place. Often, they exacerbate the problem and lead to even more serious consequences in later years. Research has shown that early identification of problems and positive interventions by families and educators minimizes the need to remove children from the environment down the line.” Excerpted from the Summer 1999 issue of Counterpoint, published by the National Association of State Directors (NASDSE).

Changes in Individuals with Disabilities Education Act (IDEA) '97 and Maine State Education Regulations (MSER), Chapter 101, address the need for balance by providing some important guidelines for how we deal with behavior and discipline, and access to Free Appropriate Public Education (FAPE). These guidelines stress the importance of positive supports and positive behavioral interventions, and provide us with strategies for addressing behavior and discipline through a step by step process.

The first step takes place at the Pupil Evaluation Team (PET) meeting. When the PET meets to discuss development or revision of the student's Individual Educational Program (IEP), it must examine patterns of behavior or situations in which behavior was an issue and determine whether or not that behavior has an impact on the student's ability to learn. The PET must also consider what impact, if any, the behavior might have on other children in the classroom.

It is important for the PET to understand that behavior that interferes with learning is not limited to loud, overactive or disruptive behavior. It can also include avoidance behavior such as being anxious, depressed and/or withdrawn. If it is determined that the behavior interferes with learning, then it must be addressed in the IEP.

There are several new terms in MSER, Chapter 101, that you and the PET will need to understand before you decide how behavior might be addressed in the IEP. These include but are not limited to:

• Functional Behavioral Assessment (FBA)
• Positive Supports
• Positive Behavioral Interventions
• Behavior Intervention Plan (BIP)
• Manifestation Determination Review

Failure to address behaviors that impede learning in the IEP - including those that violate the school code of conduct - would constitute a denial of FAPE.

"PET Considerations in Developing an IEP. In developing or revising each student’s IEP, the PET shall:..... D. In the case of a student whose behavior impedes his or her learning or that of others, consider, if appropriate, strategies, including positive behavioral interventions, strategies, and supports to address that behavior. (MSER, Chapter 101, Section 10.3, p. 54)