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6.1 (6K1B): Understanding of applicable laws, rules and regulations, and procedural safeguards regarding the management of student behaviors.


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Laws, Rules and Regulations, and Procedural Safeguards Regarding Behavior Management

Purpose of Behavior Management

Minnesota Rule (3525.0850) clearly states that the use of behavior interventions must consist of more than control of behavior. The focus of any behavior plan must be to support the student in developing the skills necessary for successful functioning in their community. This policy is intended to encourage the use of positive approaches to behavioral interventions. The objective of any behavioral intervention must be for the student to acquire appropriate behaviors and skills. It is critical that behavioral intervention programs focus on skills acquisition rather than merely behavior reduction or elimination. Behavioral intervention policies, programs, or procedures must be designed to enable a student to benefit from an appropriate, individualized educational program as well as develop skills to enable them to function as independently as possible in their communities.

Behavior management plans must conform to the procedural safeguards outlined by state and federal law. IDEA 1997 states that "when appropriate, the IEP team must consider strategies, including positive behavioral intervention strategies and supports, in situations where the child's behavior impedes his or her learning or that of others." Other than this vague reference, the statute and the regulations do not provide any direction regarding the content of a behavior intervention plan.

After the educational team has collected, analyzed and developed a hypothesis regarding the target behavior in the Functional Behavior Assessment (FBA), a behavior plan will specify the strategies, modifications or supports that address the behavior in question. The plan may also address skills the student needs to develop in order to behave more appropriately (skill deficits) as well as motivators to maintain the behavior changes over time (performance deficits). At a minimum, interventions should teach an alternative skill to replace the problem behavior along with antecedent and consequent interventions to support acquisition of the targeted alternative skill. Once the components of the behavior plan are defined and agreed to by the IEP team, the district is required to ensure that the agreed-upon plan is appropriately implemented. Any changes in the plan or its' implementation are subject to the procedural safeguards discussed in the previous lesson.

Procedural Safeguards

Procedural safeguards protect the rights of parents and children with disabilities. IDEA 97 requires procedural safeguards as structures that need to be in place to actually make the intentions of the law a reality. Procedural safeguards enable teachers and districts to comply with the reality of required paperwork while maintaining the spirit of the law which is to provide a free appropriate public education (FAPE) to children with disabilities. The law has resulted in many positive changes for the education of children with disabilities.

IDEA 97 requires states and local districts to "establish and maintain procedures-to ensure that children with disabilities and their parents are guaranteed procedural safeguards with respect to the provision of free appropriate public education by such agencies."

The procedures required by IDEA 1997 include:

Providing the parents of a child with a disability the opportunity to examine all records relating to the child;
The opportunity for the parent to participate in meetings with respect to the identification, evaluation, and educational placement of the child;
The opportunity for the parent to request an independent educational evaluation of the child;
Providing procedures to protect the rights of the child whenever the parents of the child are not known or their where-abouts are not known by providing for a surrogate parent;
To provide prior written notice to the parents of a child (in the parent's native language) whenever the school or educational agency proposes to initiate or change, or refuses to initiate or change:
1. the identification of the child;
2. the evaluation of the child (including reevaluations);
3. the educational placement of the child; or
4. the provision of a free appropriate public education for the child.
To provide an opportunity to present complaints with respect to any matter related to the identification, evaluation, or educational placement of the child, or the provision of FAPE through an impartial due process hearing; and
An opportunity to resolve the dispute through mediation, whenever a hearing is requested.