The Bazelon Center for Mental Health Law


 

 

For Immediate Release
May 16, 2003

 

Contact: Lee Carty, 202-467-5730 ext 121, leec@bazelon.org

Schools Can Reduce Problem Behavior by Students with Disabilities Through Effective Interventions

Advocates' Report Questions Congressional Plan to Undermine Program

More Information

WASHINGTON, D.C., MAY 16—Schools that have proactively addressed the reasons behind problem behavior of students with disabilities, as required by federal special education law, have been "rewarded...with fewer behavior problems and an atmosphere of learning instead of constant power struggles," according to a new report by the Bazelon Center for Mental Health Law.

In the report, Suspending Disbelief: Moving Beyond Punishment to Promote Effective Interventions for Children with Mental or Emotional Disorders, the national advocacy group summarizes administrative and judicial decisions finding that many other school districts have balked at the requirement, leaving students with disabilities in "a downward spiral of escalating punishments."

Impending reauthorization of the federal law has brought pressure by these recalcitrant school systems to repeal its disciplinary protections for students with disabilities. The Bazelon Center opposes repeal, saying that "Congress should support and strengthen the emphasis in the law on a proactive and preventive approach."

The report analyzes the requirement in the Individuals with Disabilities Education Act (IDEA) that before considering suspension or exclusion of a student for behavior associated with a disability, a school must 1) perform a Functional Behavioral Assessment (FBA) to identify the underlying cause of the student's behavior and, based on the results of this assessment, 2) design a plan for Positive Behavioral Interventions and Supports (PBIS), with approaches to reduce future problematic behavior and "supports" to help the child maintain positive changes.

Congress "deliberately inserted these concepts" when amending the IDEA in 1997, the report emphasizes, to reflect research documenting 25 years of successful use of FBAs and PBIS to reduce inappropriate behavior. With schools' proper use of these tools for all children, students with the potential for behavioral problems "have a far greater chance of succeeding in school—and with it, a much better chance to succeed in life," the report states.

"We have produced this document to inform the work of attorneys and advocates for children with disabilities and policymakers—local and national—who are truly committed to seeing all children succeed in school," said the reports's author, Bazelon staff attorney Tammy Seltzer. "They can help recalcitrant school districts move off the dime."

The report cites the successful use of positive behavioral intervention programs by school systems around the country. In a Florida school, for example, one year's use of a nationally recognized program reduced special education referrals by 61 percent, discipline referrals by 16 percent, out-of-school suspensions by 29 percent and grade retentions by 47 percent.

Suspending Disbelief is available on the Bazelon Center's website in PDF file format (You will need the free Acrobat Reader to view and print the report). For a print copy, send $5 (postage is included) to the Publications Desk at the Bazelon Center, 1101 15th Street N.W., #1212, Washington D.C. 20005. For information, 202-467-5730 ext. 110; pubs@bazelon.org. You can also make a secure online purchase of the document.

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For information about FBAs/PBIS: Tammy Seltzer, 202-467-5730 ext. 116, tammy@bazelon.org

The Bazelon Center for Mental Health Law is the leading national legal-advocacy center representing people with mental disorders, working to protect and advance the legal rights of adults and children with psychiatric or developmental disabilities and ensure their equal access to the services and supports they need for full participation in community life.

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  Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster@bazelon.org

 
Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster@bazelon.org