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Behavior Archives

Emotional Disturbance

Is your child having difficulty getting along with peers and teachers at school? Does your child seem to be consistently depressed? Is your child exhibiting signs of severe anxiety regarding school and peers? Are any of these factors beginning to have an impact on your child's grades? If so, your child may be eligible for Special Education Services under the category of Emotional Disturbance. The eligibility requirements for qualification under the category of Emotional Disturbance are as follows:

Physical Restraints and Isolation Techniques

Emergency Interventions may only be used to control unpredictable, spontaneous behavior that poses clear and present danger of serious physical harm to the individual with exceptional needs, or others, and that cannot be immediately prevented by a response less restrictive than the temporary application of a technique used to contain the behavior. California Education Code Section 56521.1.

When May a School Discipline a Student?

It can often be a confusing thing for both students and parents to understand; when is a student considered to be "at school" for disciplinary purposes? A quick exploration of the California Education Code can lend some assistance in answering this question.

Impermissible Behavioral Interventions for Special Education Students:

1. Any intervention that is designed to, or likely to, cause physical pain, including, but not limited to, electric shock.

Functional Behavior Assessment (FBA)

In the case of a child whose behavior impedes his or her learning or that of others, the IEP team must consider, when appropriate, "strategies, including positive behavioral interventions, strategies, and supports to address that behavior." (20 U.S.C. § 1414(d)(3)(B)(i); 34 C.F.R. § 300.324(a)(2)(i); Cal. Educ. Code § 56341.1(b)(1)).

Suspensions Affecting a Student's Placement

The Office of Administrative Hearings has previously held that a district may suspend a child with a disability who violates a code of student conduct from his current placement for not more than 10 school days in the same manner and under the same conditions that it would suspend a nondisabled student. (34 C.F.R. § 300.530(d)(3)).

Behavior Intervention Services within the School Environment

Ensuring that a child with special needs is provided with the appropriate placement and program can be a difficult task for any parent. This article will explore possible ways to ensure that you child is provided with the appropriate behavior intervention services.

Repeal of the "Hughes Bill"

Up until recently California had been providing children with serious behavior problems, assessments and behavioral interventions above and beyond that which was required by federal law. Through a California law commonly known as the "Hughes Bill" California schools were required to provide these students with what was known as a Functional Analysis Assessment (also referred to as an FAA).

Does my child qualify for special education services under the category of Emotional Disturbance?

       Is your child having difficulty getting along with peers and teachers at school? Does your child seem to be consistently depressed? Is your child exhibiting signs of severe anxiety regarding school and peers? Are any of these factors beginning to have an impact on your child's grades? If so, your child may be eligible for Special Education Services under the category of Emotional Disturbance. The eligibility requirements for qualification under the category of Emotional Disturbance are as follows:

Senate Hearings Addressing Restraints And Seclusion

Based upon reports from various states regarding the practice of restraint and seclusion of various children qualified to receive special education supports, the United States Congress is currently holding hearings regarding these practices. Much of the hearings have centered around testimony regarding unsafe and injurious restraints and seclusion. However, earlier this month various individuals testified as to the positive benefits that proper restraint techniques had on their children.

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