The Special Ed Advocate Newsletter
July 14, 2004

Issue -
ISSN: 1538-3202

In this Issue

Discipline is a Hot Topic!

Can School Suspend or Expel Child with LD / ADHD?

Functional Behavioral Assessments

Wrightslaw Programs in Sacramento & Grand Rapids (July, 2004)

Discipline Caselaw

Free Pubs: IEP Team's Intro to Behavior Assessments & Intervention Plans

Why Johnny Doesn't Behave - 20 Tips from Experts

Subscription and Contact Info 

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At Wrightslaw, our goals are to help you gain the information and skills you need navigate the confusing world of special education. In this issue, we look at behavior and discipline.

Highlights: Discipline - still a hot topic; can school suspend or expel a child with LD/ADHD; functional behavioral assessments; Wrightslaw programs in Sacramento & Grand Rapids; discipline caselaw; free pub - IEP Team's Introduction to Behavior Assessments & Intervention Plans and more; Why Johnny Doesn't Behave - 20 Tips from Experts.

The Special Ed Advocate newsletter is free - please forward this issue or the subscription link to your friends and coworkers so they can learn about special education law and advocacy too. We appreciate your help!

Wrightslaw is ranked #1 in education law, special education law, and special education advocacy. (2003 Alexa rankings)

1. Discipline is a Hot Topic!

When the federal special education law was passed in 1975, Congress found that most handicapped children were not receiving an appropriate education - and that millions of children were excluded from school altogether.

Today, students with disabilities continue to be suspended and expelled for behavior caused by their disabilities. If you advocate for a child with behavior problems, you need to learn about rights and responsibilities under the Individuals with Disabilities Act. The information in this issue of The Special Ed Advocate will help.

In Frequently Asked Questions About Discipline, the U. S. Dept of Education clarifies rules for disciplining children with disabilities. Learn about requirements for appropriate behavioral interventions and functional behavior assessments, 10-day and 45-day removals; and special rules about weapons and illegal drugs.

2. Can the School Suspend or Expel a Child with ADD and LD?

Ellen writes: "Our son was diagnosed with ADHD at age 5. Recently, we learned that he also has serious learning disabilities. He is 16 and still in the 8th grade. The school knows about his diagnosis but never offered any help."

"Our son was suspended several times last year. Before he returned to school last time, we received a letter from the school saying they planned to expel him for the year. Can they do that?"

What do you think? Can the school expel a child with a disability if he has not yet been found eligible for special ed services?

Read our answer to this parent in Can the School Expel My Child?

Read more FAQs

3. Functional Behavioral Assessments: What? Why? When? Where? Who?

In Functional Behavioral Assessments, Dr. Stephen Starin describes problem behaviors, functional behavior assessments, environmental manipulation, and qualifications and training of evaluators. 

Read Functional Behavioral Assessments: What? Why? When? Where? Who?

More articles about Behavior Problems and Discipline

4. Join Pete & Pam Wright for Advocacy Training Programs in CA & MI (July 2004)

"What a marvelous conference! I often leave sped presentations angry and/or guilty because of all the things that have been done or not done. This time I left encouraged, inspired and armed!"

Wrightslaw legal advocacy programs focus on four areas: special education law, rights and responsibilities; tests and measurements to measure progress & regression; SMART IEPs; and advocacy tactics & strategies.

July 17-18:
Boot Camp, Sacramento, CA - Only Boot Camp on the West Coast This Year!

Sponsored by Families for Early Autism Treatment (FEAT). Download information flyer & registration form.

July 21, 2004: Advocacy Training Program, Grand Rapids, MI.

Sponsored by The Williams Syndrome Association. Download Registration Form

Fall 2004: Programs are scheduled in Indianapolis, IN; Hartford, CT; Virginia Beach, VA. Full schedule

"Your Boot Camp was the most useful CLE I've ever attended. CLEs are notoriously boring and unpleasant. Your program was neither and I learned a lot, even as an experienced practitioner in the field." - Rob Mead, KU Wheat Law Library

If you are interested in bringing Pete and Pam Wright to your community, please read our FAQs about Seminars. (We are scheduling programs for 2005-2006.)

5. Caselaw About Discipline

Honig v. Doe, 484 U.S. 305 (1988). Decision from U. S. Supreme Court in discipline case that involved two emotionally disturbed students who had academic and social problems. Clarifies that schools may not expel children for behaviors related to their handicaps; stay put; procedural safeguards are designed to protect children and parents; describes parent role.

Community Consolidated Sch. Dist. #93 v. John F. (IL) Excellent decision in discipline case; includes procedural violations, prior written notice requirements, manifestation determination review, suspensions for more than 10 days, expedited hearings, special education and related services under IDEA, "passing grades" are not evidence of FAPE, homebound instruction violated LRE, more. In Word  In pdf

More Special Education Caselaw

Visit the Special Education Law Library for statutes, regulations, legal articles, analyses, reports, and news.

6. Why Johnny Doesn't Behave: 20 Tips for Measurable BIPs

Why Johnny Doesn't Behave by Barbara Bateman and Annemieke Golly provides 20 useful, concrete tips to help manage behavior, including:

* How to make expectations clear
* How to teach expectations
* How to minimize attention for inappropriate behavior
* How to pay attention to behavior you want

The section on Functional Behavior Assessments (FBAs) and Behavioral Intervention Plans (BIPs) includes sample FBAs and BIPs.

Tip: Parents of children with challenging behaviors may want to order two copies of this book, one for them, and one for the school.

You can order Why Johnny Doesn't Behave from Wrightslaw or from Amazon.com

7. Free Pub! An IEP Team's Introduction to Functional Behavior Assessments & Behavior Intervention Plans

The Center for Effective Collaboration and Practice has published the 2nd edition of An IEP Team's Introduction to Functional Behavior Assessments & Behavior Intervention Plans. This Guide includes information about:

* IDEA Rights and Requirements
* IEP Team Roles and Responsibilities
* Why a Functional Assessment of Behavior is Important
* Conducting a Functional Behavioral Assessment
* Techniques for Conducting the Functional Behavioral Assessment
* Behavior Intervention Plans
* Skill Deficits & Performance Deficits
* Modifying the Environment and Providing Supports
" Evaluating the Behavior Intervention Plan

Download An IEP Team's Introduction to Functional Behavior Assessments & Behavior Intervention Plans.

More Free Pubs about IEPs, special education, transition planning, reading, children's mental health, harassment, high-stakes testing, retention and social promotion, zero tolerance, more.

8. Subscription & Contact Info

The Special Ed Advocate is a free online newsletter about special education legal and advocacy issues, cases, and tactics and strategies. Subscribers receive "alerts" about new cases, events, and special offers on Wrightslaw books.

Law Library Seminars & Training
Advocacy Yellow Pages for Kids
No Child Left Behind Free Newsletter
IDEA Reauthorization Newsletter Archives

Contact Info

Pete and Pam Wright
Wrightslaw & The Special Ed Advocate
P. O. Box 1008
Deltaville, VA 23043
Website: https://www.wrightslaw.com
Email: newsletter@wrightslaw.com

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