Technical Assistance: Behavior Supports and Guidance for Students

Behavior Supports and Guidance

for Students with Disabilities

Technical Assistance:

Updated October 2022

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Behavior Supports and Guidance for Students with Disabilities

Table of Contents

Welcome Letter �� 4

Prevention of Challenging Behavior (Tiered Intervention Systems) �� 5

Multi-tiered Models ��5

Implementation of PBIS ��9

School-wide Interventions ��10

Specic Setting Interventions ��11

Classroom Interventions ��12

Individual Interventions ��17

Managing Crisis Behaviors ��17

Functional Behavior Assessment (FBA) ��19

What is an FBA? ��19

When to Conduct an FBA ��19

Conducting an FBA ��20

Next Steps After Conducting an FBA��25

Behavior Intervention Plans (BIPs) �� 26

What is a BIP? ��26

When to Consider a BIP �� 26

Writing a BIP ��26

Behavior Goals in the IEP ��31

Ongoing Considerations �� 31

Prohibited Aversive Techniques, Use of Restraint, and Time-Out ��34

Prohibited Aversive Techniques ��34

Use of Restraint ��35

Time-Out ��37

IDEA Requirements for Placement and School Discipline �� 38

Impacting Students’ Futures ��38

Types of Disciplinary Removals ��40

Overview of IDEA’s Discipline Procedures �� 43

Authority of School Personnel ��43

Change of Placement �� 44

Manifestation Determination Review (MDR) ��46

Disciplinary Removals Due to Special Circumstances ��48

Appeal a Disciplinary Decision ��48

Resolving a Dispute Outside of the Due Process Hearing ��49

Due Process Hearings �� 49

Authority of the Hearing Ocer �� 51

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Behavior Supports and Guidance for Students with Disabilities

Protections for Students Not Yet Determined Eligible for Special Education �� 51

Request for an Evaluation �� 52

Important Discipline Reminders �� 52

Disciplinary Removals �� 52

Final Thoughts �� 53

Categorized Resource List �� 54

Behavioral Strategies �� 54

Center on Positive Behavioral Interventions and Supports (PBIS) Resources �� 54

Data Sheets and Templates �� 55

Dispute Resolution Resources �� 55

Federal and State Rules, Regulations, and Guidance �� 55

IRIS Center Resources �� 55

Texas State Leadership for Autism Training (TSLAT) Resources �� 56

Tiered Interventions Using Evidence-Based Research (TIER) Resources �� 56

Other Resources �� 56

Appendix �� 58

Appendix A �� 59

Appendix B �� 60

Appendix C �� 62

Appendix D �� 63

Appendix E �� 64

Appendix F �� 65

The Texas Education Agency has developed this document to provide technical assistance to local

education agencies and parents/guardians� The intention of this document is to provide helpful, general

information� It does not constitute legal advice nor is it a substitute for consulting with a licensed

attorney. The information should not be relied upon as a comprehensive or denitive response to a

specic legal situation. This document may not include a complete rendition of federal law.

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Behavior Supports and Guidance for Students with Disabilities

Welcome Letter

Dear Fellow Texas Educators,

Thank you for your service and dedication to all students in the Lone Star state! As a committed

stakeholder in public education, you are charged with preparing all students for success in college, a

career, or the military by providing students access to high-quality learning experiences, curriculum, and

instruction�

The Texas Education Agency (TEA) Division of Special Education Programs is developing a series of

technical assistance guidance documents� These technical assistance guides are intended for use by

Texas educators to support the implementation of services for students with or suspected of having

disabilities�

There is so much useful information out there for school sta! Our goal with these guides is to gather

and link information into one, easy-to-read resource� These guides help clarify TEA’s recommendations

for practice�

Included in each guide are requirements, links to resources, best practice tips, examples, and more� The

following information will help you navigate the technical assistance guides:

• While you can read the documents from beginning to end, you do not have to use them that way�

The table of contents links each section, so you can click to skip directly to that area�

• Links that are in lowercase, like this, will take you to a related website, resource, or document that

supports the information which you are reading�

• Links that use all capital letters, LIKE THIS, will take you to a legal citation and denition.

• “Notes” point out important reminders or considerations� Notes use a pencil icon:

• “Best Practice Tips” have a blue rectangle around them:

• Various resources are linked within each section� All resources are provided in an alphabetized list

at the end of the guide�

• There is also a resource page that provides links to TEA’s Statewide Leadership Networks’

websites, the TEA Special Education webpage, and other key state-level resources�

For a glossary of special education terms, please see: The Legal Framework Glossary�

If you ever have a question, concern, comment, suggestion, or nd a broken link within these documents,

please email the TEA Special Education Division at sped@tea�texas�gov�

Again, thank you for all you do, and we hope this document helps you in your journey of serving our

students with disabilities and their families�

Sincerely,

The TEA Division of Special Education Programs, Technical Assistance Team

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Behavior Supports and Guidance for Students with Disabilities

Prevention of Challenging Behavior (Tiered Intervention Systems)

All students, whether in general education or special education, may demonstrate challenging behaviors�

Educators are better equipped to address the needs of every student in their classroom when eective

school-wide systems of support are in place for all students, not just for those in a particular subgroup�

In a DEAR COLLEAGUE letter dated August 1, 2016, The United States Department of Education, Oce of

Special Education and Rehabilitative Services stated:

As a matter of best practice, we strongly encourage schools to consider how the implementation

of behavioral supports within the IEP could be facilitated through a school-wide, multi-tiered

behavioral framework…

With this call to action in mind, the focus of this chapter is on creating school-wide systems that

elevate behavioral and mental health outcomes for all populations�

Multi-tiered Models

Positive Behavioral Interventions and Supports (PBIS) is an

evidence-based, data-driven, systems approach to creating safer

and more eective schools. It incorporates a broad range of

research-based supports that include prevention strategies to very

targeted and direct interventions� The goal of PBIS is to achieve

important social and learning outcomes while preventing and

reducing challenging behavior for all students� The most common

framework for its implementation is a three-tiered model where a

continuum of supports is provided across the tiers�

School Mental Health (SMH) systems provide a continuum of

services and supports intended to:

• Promote a positive school climate

• Teach and support skills for social, emotional, and

behavioral health

• Prevent mental health and substance use problems

• Intervene early to reduce the severity of mental health concerns; and

• Provide access to school-based and community-based interventions and supports to students and

families�

Check out TEA’s SMH Toolkit for LEA resources�

Mental health includes our emotional, psychological, and social well-being. It aects how we think, feel,

and act� It also helps determine how we handle stress, relate to others, and make healthy choices� Mental

health is important at every stage of life, from childhood and adolescence through adulthood� Mental

health is equally as important as physical health� (Centers for Disease Control and Prevention, 2020)

Integrating PBIS and SMH within school systems creates the Interconnected Systems Framework (ISF)�

When PBIS and SMH are truly integrated, “a broader continuum of prevention and intervention strategies

across tiers can result in improved outcomes for more youth and families”(Barrett et al, 2013)� The goal of

ISF is to improve outcomes for all students by blending resources, training, systems, data, and practices�

The emphasis within ISF is on prevention, early identication, and intervention of the social, emotional,

and behavior needs of students�

TIER 1 - Universal/

Primary Prevention

TIER 2 - Targeted/

Secondary Prevention

TIER 3 - Intensive/

Tertiary Prevention

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Behavior Supports and Guidance for Students with Disabilities

Best Practice Tip: PBIS and SMH (also called ISF when combined) work best when integrated into

a fully functioning multi-tiered system of supports (MTSS) that includes supports for academics,

behavior, and mental health� Tiered Interventions using Evidence-based Research (TIER) is a TEA

technical assistance network focused on MTSS implementation and intervention best practices� For

more information about this network, visit the TIER website to nd a certied trainer in your region�

This process of full integration of PBIS, academic interventions, and SMH can take 3-5 years to fully

integrate as LEA sta review and solve barriers and create new pathways for support.

Because this guidance document is primarily focused on supports for behavior prevention and

intervention, the next section focuses on PBIS; however, some concepts from SMH and integrated MTSS

models are included as applicable�

Research shows that implementing evidence-based, multi-tiered behavioral frameworks can

help improve overall school climate, school safety, and academic achievement for all children,

including children with disabilities. In general, behavioral supports are most eectively

organized within a multi-tiered behavioral framework that provides instruction and clear

behavioral expectations for all children, targeted intervention for small groups not experiencing

success, and individualized supports and services for those needing the most intensive support�

United States Department of Education, Oce of Special Education and Rehabilitative Services,

August 1, 2016, DEAR COLLEAGUE letter

Tier 1 - Universal/Primary Prevention

Tier 1 of PBIS focuses on proactive prevention across all settings� At

this tier, all students receive direct instruction in expected behavior and

routines� Universal intervention and supports are designed for 100% of

students, but these supports typically meet the needs of approximately

80% of a school’s population�

For students, Tier 1 practices include the following:

• Teaching expected behaviors in their natural setting

• Providing varying forms of recognition (positive reinforcement)

when students demonstrate school-wide expectations

• Addressing challenging behavior consistently while considering

developmental and behavioral functions

• Providing refresher lessons and targeted recognition throughout the school year to reinforce skills

• Having students and families share their perspectives on school climate, instruction, rewards, and

discipline to inform implementation

• Building school community

• Universal screening and school climate surveys

Examples for Tier 1

• Behavioral expectations dened and taught

• Positive, proactive discipline policies and whole-school approaches (e�g�, positive school climate,

universal design for learning)

• Social and emotional skill lessons and character education programs

TIER 1 -

Universal/

Primary

Prevention

TIER 2 - Targeted/

Secondary Prevention

TIER 3 - Intensive/

Tertiary Prevention

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Behavior Supports and Guidance for Students with Disabilities

• Active supervision and monitoring (including hallways and other communal areas)

• Positive reinforcement systems (e.g., positive referrals, bus bucks, caught being good raes)

• Firm, fair, and corrective discipline

• Common language used by all

• Consistent expectations and consequences

• Keeping students in the learning environment

Tier 2 - Targeted/Secondary Prevention

Tier 2 targets students who are not responding to universal

interventions and supports and need more focused instruction and

intervention� While there are variations in the percent of students in

a specic school who may need targeted support, research suggests

that when more than 20% of students require this level of support, it

may signal a need to re-examine universal practices to ensure proper

implementation�

Tier 2 interventions are often delivered to small groups of students with

similar needs� Students receiving targeted intervention should continue

to receive universal supports� Depending on their response, students

may return to Tier 1, continue in the intervention, or move to Tier 3

supports�

Tier 2 practices commonly include the following:

• Provided for at-risk students

• Provides targeted or specialized group-based strategies

• Increased intensity of Tier 1 supports (e�g�, customized or more frequent Tier 1 social and

emotional skill lessons)

Examples for Tier 2

• Direct social skills teaching

• Focus on self-control and anger management

• Self-management programs

• Mentoring programs

• Increased academic support

• Increased adult supervision and opportunity for positive reinforcement

• Therapeutic or didactic group work

• Check-in/check out

• Check and connect

• Mediation/conict resolution

• Brief counseling

• Skills groups

• Role- play groups

• Restorative practices

TIER 1 - Universal/

Primary Prevention

TIER 2 -

Targeted/

Secondary

Prevention

TIER 3 - Intensive/

Tertiary Prevention

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Behavior Supports and Guidance for Students with Disabilities

Tier 3 Intensive/Tertiary Prevention

Tier 3 is for students who do not respond to Tier 2 interventions or

who demonstrate more signicant needs that could, for example,

create a danger to themselves or others� Typically, these students

have serious concerns that aect daily functioning. While there are

variations in the percent of students in a specic school who may

need intensive support, research suggests that when more than 5%

of students consistently require this level of support, it may signal a

need to re-examine universal and targeted practices to ensure proper

implementation�

Tier 3 interventions are more intensive in that they are more

individualized for each student, can require multiple personnel, and

usually require more time and resources to implement� Often, a

Functional Behavior Assessment (FBA), which will be discussed in-

depth in Chapter 3, is used to customize an individual behavior plan for

this level of support�

Tier 3 practices include the following:

• Provided for high-risk students

• Provides more individualized, wrap-around services

Examples for Tier 3

• Individual behavior support plans

• Parent or guardian training and collaboration

• Multi-agency collaboration (wrap-around planning)

• Evidence-based Individual counseling

• Crisis intervention protocols

Movement Between Tiers

Students’ skills dene the levels of support they need, and they will not necessarily move through

the tiers linearly� Student progress may not be constant when receiving an intervention� Additionally,

students’ needs change, and therefore, school teams need to adapt the supports they provide

accordingly. Tiered intervention is a uid process that provides a continuum of supports.

Tiers 2 and 3 supplement Tier 1; intervention does not replace Tier 1 supports� When students struggle,

they need more supports, not less� With tiered intervention, it is important to layer additional supports

for students to stabilize them, so they can once again respond to universal supports�

A comprehensive, school-wide system supports all students so that they continue to receive their

education in the least restrictive environment, which ideally means as much time in the general

education setting as possible� Interventions in all three tiers could be provided by a variety of providers

and/or collaborative partners� Remember, a student is not required to complete an intervention before a

referral is made if the student is suspected of having a disability and needing special education services�

A sta member, parent, or other person involved in the care or education of a student may refer them

for a full and individual initial evaluation (FIIE) at any time�

TIER 1 - Universal/

Primary Prevention

TIER 2 - Targeted/

Secondary Prevention

TIER 3 -

Intensive/

Tertiary

Prevention

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Behavior Supports and Guidance for Students with Disabilities

Best Practice Tip: Campuses must explicitly and routinely teach school-wide expectations, monitor

teacher implementation and student use of the expectations, provide opportunities to practice social

skills in real-life settings, and provide specic encouragement to students. (adapted from 10 Key

Policies and Practices for Schoolwide and Classroom-Based Behavioral Supports With Strong Evidence

of Eectiveness From High-Quality Research)

Implementation of PBIS

This graphic represents PBIS implementation across all levels:

• LEA

• Campus

• Classroom

• Student

Implementation begins with the outer circle—LEA-level systems and

supports—and progresses inward, always with the goal of supporting

individual student success� Each level reduces barriers and provides

supports to facilitate successful implementation at the next level�

PBIS at the LEA Level

LEA leaders provide all sta with support for PBIS implementation via:

• Political support

• Visibility

• Policy alignment

• Funding

• Coaching

• Professional development

• Program and implementation evaluation

• Access to content expertise

PBIS at the School Level

School leaders, supported by LEA leadership, provide teachers with the following:

• Access to curricula and professional development

• Evidence-based school-wide practices

• School-wide systems of support (e.g., teaming structures, scheduling practices, sta selection)

• Ecient systems of delivery to optimize time and eort (time for

planning and problem solving)

PBIS at the Classroom Level

Teachers, supported by school leadership, provide students with the following:

• A structured environment

• Clear expectations

• Engaging lessons (academic and behavioral)

• Feedback that is positive, specic, and timely

LEA

CAMPUS

CLASSROOM

STUDENT

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Behavior Supports and Guidance for Students with Disabilities

PBIS at the Student Level

School leaders and teachers partner with families to help students do the following:

• Take ownership of their learning and behavior

• Set their own academic and behavioral goals

• Develop lifelong skills

School-wide Interventions

This graphic represents the levels of implementation of PBIS across four major school systems:

School-wide (campus)

Specic Setting (e.g., hallways, cafeteria,

playground)

Classroom

Individual

This model shows the interdependent relationship

between campus-level systems and is used to

illustrate the importance of a continuum of

interventions across all settings�

School-wide interventions are intended to prevent

problems before they start� These interventions

should be easy and inexpensive to plan and use�

Interventions and universal supports are provided to

all students�

A team of campus personnel should be formed to collect data on current conditions in the school,

evaluate the data, and design interventions to improve safety and achievement for all students� Input

from the entire sta, students, and families is critical to ensure an eective needs assessment and buy-in.

There are three key concepts involved in the start-up phase of PBIS implementation�

1. Data-Driven Decision Making

PBIS is data-driven, which means the team of campus personnel must collect data regularly for

decision-making purposes for planning and instruction. Look for “red ags” such as too many absences,

uctuating achievement results, and circumstances surrounding each disciplinary referral. The following

forms of data can be useful in helping campuses develop customized school-wide plans:

• Teacher, student, and family surveys of school needs regarding school climate, discipline, and

management

• Structured observations of classrooms, hallways, cafeteria, bus areas, etc�

• Oce discipline referrals

• Attendance records

• Academic achievement data

Gym

Cafeteria

Classroom Classroom Classroom

Classroom

Oﬃce

Bathrooms

Playground

Classroom

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Behavior Supports and Guidance for Students with Disabilities

2. School-wide Expectations

All schools should have a brief list of school-wide rules or expectations that will serve as a common

means of communication across all school settings� They are general, overarching terms that are

dierent than rules in a student code of conduct. They dene expected behaviors and routines for all

areas of the school� School-wide rules, such as “Be respectful, be cooperative, and be safe,” set the tone

for the building and are general enough to be appropriate across settings�

3. Procedure for Teaching Expectations

This critical concept involves teaching expected behaviors and targeted social skills� This is done across

all settings with consideration of the instructional and curricular needs of students, sta, and the school.

Students are then given multiple opportunities to practice and generalize expected behaviors and social

skills across all school settings� Schools should institute practices that:

• Tell - inform the student what is expected

• Show - model what the skill looks like

• Practice - allow student to practice (role-plays and in-vivo)

In a technical assistance document dated July 19, 2022, The United States Department of Education,

Oce of Special Education and Rehabilitative Services (OSERS) stated:

To fully access and participate in the learning environment, all children should know the school-

and program-wide behavioral expectations required to be successful, have opportunities to

practice meeting those expectations, and receive support for and reinforcement of those

behaviors by skilled adults trained in evidence-based practices�

Specic Setting Interventions

Specic (non-classroom) settings are part of the larger school-wide

system that requires modications in school-wide procedures to

accommodate their unique features. Modications need to focus on the

specic area (e.g., hallway, cafeteria, playground). The following are some

school-wide procedures to consider:

• Examples of Routines

○ On inclement weather days we…

○ We stay on the right side of the hall as we walk to the

cafeteria for lunch and as we enter

○ For re drills we…

○ Bus lines should look like…

• Examples of Setting-Specic Behaviors

○ While waiting for the bus in the gym, we keep our hands and feet to ourselves and sit

cross-legged in our bus line�

○ In the hallways we stay to the right side with our hands and feet to ourselves�

○ In the cafeteria, the hot lunch line is on the left, and those who brought lunch head to

tables on the right�

○ Campus has dened what “Be respectful,” for example, looks like in the cafeteria, the

hallway, etc�

Gym

Cafeteria

Bathrooms

Playground

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Behavior Supports and Guidance for Students with Disabilities

• Examples of Instructional Strategies

○ Asking students to dene “Be respectful” and have everyone agree to the denition.

○ Be explicit and give examples of all expectations�

○ Have students demonstrate/role-play each expectation�

• Examples of Implementing and Monitoring

○ Explicitly teach the expectation, and then have students practice�

○ Observe students walking in the hallway and give feedback� (positive and correction)�

○ Monitor library book nding and check out process while giving guidance and reinforcing

routines�

○ Campus has shared expectations so any sta member can assist and reinforce as

necessary�

It is critical to consider the larger number of students that these settings involve and to ensure that

strategies focus on added supervision, the physical features of each setting, and routines for these

settings.

Classroom Interventions

Classroom management systems should reect teacher preferences while

providing an extension of the school-wide system into the classroom

setting� This connection helps facilitate uniform communication with

sta, students, and parents or guardians and ensures a comprehensive

prevention and intervention plan is in place across all school settings�

• Extend the school-wide system to help ensure student success

with a variety of instructional styles and classroom routines (e�g�,

Be Respectful is shown by… in this classroom)�

• Ensure classroom routines overlap with school-wide positive

behavior support systems�

General Classroom Prevention Strategies

The ultimate goal of a classroom behavior management plan is that a student never exhibits a crisis

behavior� Although students will struggle from time to time depending on their unique needs/situations,

the following are eight prevention strategies that can be proactively implemented to reduce or eliminate

potential behaviors� Please keep in mind that for any strategy to be successful, it should align with

school-wide processes�

1. Designing Classroom Space

Many activities take place in classrooms� Teachers must systematically arrange the classroom to ensure

these dierent activities can take place eectively. Teachers select areas in the classroom to maximize

the operation of instructional activities while maintaining behavior management� Some common

classroom areas include:

• Independent and group workspaces

• Space for free choice activities

Classroom Classroom Classroom

Classroom

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Behavior Supports and Guidance for Students with Disabilities

• Cool down area (similar to a quiet area but specically designed for students with this need)

• Space for easily accessing materials and supplies

• Teacher's desk area

• Notice/information boards

• Space for media equipment in the room

• Flexible seating arrangements with adequate space

• Station workspaces

• Space for students to do independent work without

others getting into their personal space

• A quiet area, such as a library space or other relaxing

area, for anyone to use

2. Setting a Practical Schedule

Teachers should regard schedules as exible time management tools designed to best serve the

educational needs of students� The key is to carefully plan the schedule to keep students actively

engaged and minimize down time (including transition time)�

For elementary level

Construct schedules after consulting with colleagues and specialists to ensure

students are engaged in appropriate instructional activities�

For secondary level

Pay attention to managing instruction within large blocks of time� Unscheduled/free

time needs to have parameters and expectations�

3. Managing Instruction

If students are productively engaged in instruction, challenging behavior is less likely to occur� Conversely,

if they are bored with their work or cannot do it, then challenging behaviors are more likely to arise�

Research and practice show a strong correlation between academic underachievement and challenging

behavior� Consequently, managing instruction is a major key to preventing behavioral issues� There are

several critical steps for eectively managing instruction in the classroom:

• Assess students' skill level (80% rule)

Assess students' skill levels so they are placed appropriately in the curriculum� A good rule

of thumb is that students should be 80% successful with new work after the initial delivery of

material and concept is taught� For example, a teacher introduces and teaches a concept and

assigns 10 problems to students; students should be able to successfully complete 8 out of 10

of the problems� Consider implementing Universal Design for Learning (UDL) strategies and

scaolding to support students missing key skills or knowledge.

• Utilize high quality instructional materials

Choose materials and curriculum that ensure full coverage of Texas Essential Knowledge and

Skills (TEKS), align with research-based instructional strategies for the subject area, and support all

learners�

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Behavior Supports and Guidance for Students with Disabilities

• Utilize research-based instructional strategies

Utilize eective time-tested strategies for the delivery of instruction, such as:

○ Teacher-directed explanations

○ Demonstrations

○ Discussion

○ Question and answer activities

○ Oral and written practice

○ Flexible grouping

○ Media presentations

○ Independent and cooperative activities

○ Direct and explicit instruction

• Teach Study Skills

Study skills help studentsgain information,respond to information, andorganize the information

presented during instruction.The following list of areas to address was adapted from The

University of Lynchburg and, if reinforced during classroom instruction and throughout the school

day, can assist students to be successful and potentially reduce behavior issues�

○ Time management assists a student with organization, planning, and prioritizing�

○ Note-taking skills will assist a student in a variety of ways, such as studying for an exam, re-

reading to understand a concept or as a reminder, organization, etc�

○ Teaching independent reading skills is a critical skill that everyone can use�

○ Test preparation is another skill that should be explicitly taught�

Repeated disciplinary exclusions from instruction keep students from learning many specic

learning strategies, or study skills, necessary for success in school�

- Geo Colvin

• Collaborate with education sta

Collaborate with other professionals, including special education sta, grade-level colleagues, and

other support sta, to implement IEP goals, interventions, accommodations or modications, and

supplemental services for students served through special education in all settings�

4. Teaching Expectations

Presenting classroom behaviors as skills that need to be learned and then teaching them directly can

eectively establish behavioral expectations. Here are some tips:

• Explain reasons for expectations

• Specify required behaviors

• Practice behaviors

• Monitor performance

• Provide feedback

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Behavior Supports and Guidance for Students with Disabilities

5. Establishing Classroom Routines

Classroom routines are regular activities that students complete with minimal assistance from a teacher�

The goal is to have students manage their tasks and responsibilities independently� The teacher needs to

identify the key routines to be established, and then systematically teach the routines directly, practice

them, and review them repeatedly, especially in the beginning� Use the same instructional procedures for

teaching routines as for teaching classroom expectations�

Some common routines include:

• Starting the day

• Entering classroom

• Accessing materials or supplies

• Turning in homework or completed assignments

• Obtaining assistance

• Taking quizzes

• Organizing assignments

• Moving around the room

• Talking with other students

• Transitions

6. Teaching Social Skills

Social skill development, specically the ability to relate appropriately with peers and adults, is acrucial

aspectof students' development.Social competence, such as developing and maintaining successful

relationships, gaining acceptance, etc., is predictive oflong-termsuccess in school. Empathy teaching or

having a student think about how I would feel if…happened is an excellent way to start teaching social

skills� Some examples of social skills to teach are:

• How to work with a partner

• How to interact in small groups

• How to participate in a classroom setting

• How to self-advocate

• Use teachable moments to reinforce appropriate responses or create them and have students

discuss how to react (e�g�, someone’s pet passed away/got lost, a student lost their lunch money/

book fair money, a student fell o the jungle gym and got hurt)

7. Implementing Proactive Behavior Intervention Systems

An eective behavior intervention system should provide clear and consistent reminders to the students

that good behavior leads to positive (reinforcing) consequences while challenging behavior leads to

negative (deterring) consequences.In this way, positive consequences serve to reinforce expected

behavior, and negative consequences serve to reduce or eliminate problem behavior� Here are

somerules for using positive and negative consequences�

Positive (reinforcing) consequences for appropriate behavior:

• Deliver reinforcement at a high rate, especially right after teaching a new skill or expectation, and

for students who have challenging behavior�

• Deliver reinforcement as immediately as possible after the desired behavior�

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Behavior Supports and Guidance for Students with Disabilities

• Emphasize social reinforcement (e�g�, smiles, high

ves, praise) versus tangible reinforcers (e.g., toy,

certicates, stickers) when possible.

• Always pair verbal praise/social reinforcement

with tangible reinforcement when it is used�

• Include reinforcement that is immediate, delayed,

and longer-term (e�g�, earning points to cash in for

reinforcement)�

• Mix and vary reinforcers�

• Maintain consistent criteria for earning

reinforcement�

Examples of positive (reinforcing) consequences for appropriate behavior include:

• Teacher praise and demonstrations of teacher approval (e.g., high ves, certicates, positive calls

home)

• Points earned by individual students, groups of students, or the whole class for certain rewards or

privileges

• Contingent use of privileges (e.g., rst complete work then get a break)

• Reinforcing activities (e�g�, extra recess, time on computer)

• Contracts and token economies

• Mystery awards

• Public recognition school-wide and community-wide

• Find more examples here

Negative (deterring) consequences for unacceptable behavior:

• Deliver the consequences contingent upon the occurrence of problem behavior�

• The consequence should be mild�

• Negative consequences are applied in conjunction with positive consequences� Apply positive

consequences at the earliest opportunity following a correction or reprimand�

• Maintain the student's respect and dignity when delivering negative consequences�

Examples of negative (deterring) consequences for unacceptable behavior include:

• Loss of teacher attention (i�e�, planned ignoring)

• Verbal reprimand

• Loss of privileges

• Brief removal or delay in accessing a preferred activity*

• Restitution where the student is required to provide

some service or help to make up for the problems he

or she caused

• Response cost where a student loses points or minutes

of free time

• Parent or guardian contact and conference

* Removal or delay in accessing recess is not generally recommended and some LEAs have policies prohibiting this�

Additional information can be found here�

Good

Behavior

Positive

Consequences

REINFORCE

REDUCE

Problem

Behavior

Negative

Consequences

Page | 17

Behavior Supports and Guidance for Students with Disabilities

Best Practice Tip:

• The ratio of positive (reinforcing) to negative (deterring) consequences should be at least three to

one if not higher�

• Pay attention to whether a behavior increases or decreases in response to consequences� What

one student nds reinforcing may not be reinforcing for another. Similarly, some actions that are

deterring for one student may not be for another�

The overall purpose of a well-designed class-wide behavior intervention system is to establish, reinforce,

and maintain expected behavior and to reduce problem behavior� In this way, a positive classroom

environment can be established that is conducive to learning� It is important to remember that any

classroom-based reinforcement strategy will need periodic adjustment� It is always a promising idea to

rotate classroom-based reinforcement strategies throughout the year to keep students interested and

excited� Of course, it is critical to know what your students desire (e�g�, tangible, social, activity-based

reinforcements)� Remember that without relevant reinforcers and positive relationships, the program will

not work�

Individual Interventions

Even with the best prevention and classroom management strategies, some

students may require individual behavioral interventions (see Appendix B: Steps

in Designing Individual Interventions)� Some of these students may receive

special education services and require a behavior intervention plan (BIP) as part

of his or her individualized education program (IEP)� To have the best chance

of working, individualized interventions should be data-based, taking into

consideration the foundational concepts of behavior change�

• Behavior serves a function (meets a need for the student)�

• Environment impacts behavior�

• Skill decits impact challenging behavior.

• Team approach and consistency is critical�

• The student-teacher relationship matters�

• Behavior change takes time and consistency�

NOTE: For students with disabilities, school and classroom PBIS systems support the student’s

IEP, which includes the goals and interventions necessary for the student to access a free and

appropriate public education (FAPE)� School and classroom wide PBIS and annual goals in an IEP

and/or a BIP (discussed on page 27) support one another�

Managing Crisis Behaviors

When working with students with challenging behaviors, the situation in the classroom can often escalate

quickly through an acting out cycle or behavior chain into a critical situation� To prevent this from

happening or at least manage it in a way that reduces the likelihood of escalation, there arefour critical

phasesof intervention that should be addressed in a comprehensive intervention plan for managing

crisis behavior�

Phase 1 – Prevention

Initially, the student may be productively or satisfactorily engaged in the class or school activity

(i�e�, calm)� In this phase, strategies are designed to maintain student safety and prevent crisis

behavior.However, certain events or triggers may unsettle the student, giving rise to the beginnings

of challenging behavior�

Classroom

Page | 18

Behavior Supports and Guidance for Students with Disabilities

Phase 2 – Interruption

At this point, strategies are designed to defuse the behavior pattern� In other words, catch the

problems early and redirect the student to engage in the present class or school activity.These

strategies are most eective when employed during the rst signs of agitation.

Phase 3 - Crisis Response

This phase involves what is typically referred to as crisis behavior� The behavior chain accelerates and

runs its course as the student exhibits serious behavior� The intent of the strategies in this phase is

to ensure safety, prevent anyone from getting hurt, and minimize level of disruption to the class or

school activity.

Phase 4 - Follow-up

This phase refers to the period of time following an incident or the prevention of an incident� In this

phase, the emphasis is on follow up where sta and families debrief the situation and develop or

modify plans accordingly. Parents or guardians are an important part of the follow-up and debrieng

phase. They should be notied about the incident and included in the development of appropriate

plans to support the student�

NOTE: Some crisis situations, or other harmful, threatening, or violent behaviors may trigger

involvement from the THREAT ASSESSMENT AND SAFE AND SUPPORTIVE SCHOOL PROGRAM

TEAM� Special education personnel should be part of the treat assessment team� Behavioral threat

assessment provides a proactive, evidence-based approach for identifying individuals who may

pose a threat and for providing appropriate interventions� The Texas School Safety Center (TxSSC)

provides model policies and procedures, behavioral threat assessment training, and an online

toolkit�

Additional Resources:

• How to Get PBIS in Your School

• PBIS Tiered Fidelity Inventory (TFI)

• Restorative Discipline Practices in Texas

• Fact Sheet - Interconnected Systems Framework 101: An

Introduction

• Fact Sheet - ISF 201: When school Mental Health is Integrated

within MTSS: What’s Dierent

• Fact Sheet - ISF 301: Installing an Integrated Approach

• App for providing prompts and reminders to track positive

reinforcement

• Reducing Behavior Problems in the Elementary School Classroom

• Preventing Dropout in Secondary Schools

• Texas School Mental Health Toolkit

• Intervention Central Behavior Interventions

• TEA’s list of PBIS support trainings, frameworks, interventions, registries, and supplemental

programs

• Positive, Proactive Approaches to Supporting Children with Disabilities: A Guide for Stakeholders

(US Department of Education)

• Texas Complex Access Network (TX CAN) Universal Design for Learning (UDL) course

Page | 19

Behavior Supports and Guidance for Students with Disabilities

Functional Behavior Assessment (FBA)

What is an FBA?

Even when strong prevention systems are in place for all students, some

will require more specialized intervention planning� In some situations, it is

helpful or even required to conduct an FBA, which is an evaluation that assists

in determining the reason for, or “function,” of a student’s behavior� An FBA

can help an admission, review, and dismissal (ARD) committee identify the

educational needs of a student with a disability and develop positive behavior

supports and eective programming to meet those needs. In other words, the

FBA drives the development of a strong BIP� FBAs typically consist of indirect

data collection methods, such as rating scales, record reviews, and interviews, as

well as data collected through direct observation of the student’s behavior�

An FBA can help the ARD committee answer questions related to behaviors that interfere with learning,

including:

• What variables in the environment make the behavior more or less likely to occur?

• Why does the student engage in the interfering behavior?

• What reinforces the interfering behavior?

• What replacement behaviors can be taught to the student?

• What positive interventions can help decrease the interfering behavior and increase the desired

behavior?

When to Conduct an FBA

When is an FBA required?

Federal law under the Individuals with Disabilities Education Act (IDEA) requires an FBA in the following

instances:

• When, at a MANIFESTATION DETERMINATION review (MDR), it is determined that a student’s

behavior is a manifestation of the student’s disability (unless the LEA had conducted an FBA

before the behavior that resulted in the change of placement occurred)�

• When, at an MDR, it is determined that a student’s conduct is not a manifestation of the disability,

but the ARD committee determines that an FBA is necessary�

• When a student is placed in an interim alternative educational setting (IAES) for not more than 45

school days for behavior involving a dangerous weapon, illegal drugs, or iniction of serious bodily

injury (unless the LEA had conducted an FBA before the behavior that resulted in the change of

placement occurred)�

However, STATE LAW also requires that whenever a disciplinary action results in a CHANGE OF

PLACEMENT the LEA must no later than the 10

th

school day after the change of placement:

• Seek parental consent to conduct an FBA of the student if an FBA has never been conducted on

the student or the student's most recent FBA is more than one year old; and

• Review any previously conducted FBA of the student and any BIP developed for the student based

on that assessment; and as necessary

• Develop a BIP for the student if the student does not have a plan; or

• If the student has a BIP, revise the student’s plan�

Page | 20

Behavior Supports and Guidance for Students with Disabilities

NOTE: If the parent or guardian refuses to grant consent for an FBA that focuses on the

educational and behavioral needs of the student in response to these disciplinary situations, the

LEA may request a due process hearing to determine whether the FBA may be conducted without

parent or guardian consent�

What are other situations where an FBA may be appropriate?

When an FBA should be considered:

When a student’s behavior impedes their learning or the learning of others�

When a student’s behavior presents a danger to themselves or others�

When a student’s suspension or placement in an IAES approaches 10 cumulative days�

When considering the use of Positive Behavior Support Strategies as part of the Autism

Supplement

� Commissioner rules REQUIRE the consideration of a BIP developed from an FBA

that uses current data related to target behaviors and addresses behavioral programming

across home, school, and community-based settings�

When interfering behavior is preventing progress on IEP goals�

When new behavioral challenges are keeping a student from making progress�

When a previously evaluated behavior is thought to now serve a dierent function than was

previously identied.

When a restraint occurs, especially if sta must restrain a student on more than one occasion.

Conducting an FBA

Step 1. Obtain Consent

If an FBA is used to evaluate an individual student to assist in DETERMINING whether the student is a

student with a disability and the nature and extent of special education and related services that the

student needs; it is considered an EVALUATION

� It is also considered an evaluation under IDEA for a

student who has already been determined to be a student with a disability if it focuses on the educational

and behavioral needs of the student� Parent or guardian CONSENT is required for an FBA conducted as

an individual evaluation or reevaluation� Likewise, Texas state law requires that the LEA seek parental

consent to conduct an FBA within 10 school days after a change in placement if one has never been

conducted on the student or the current one is older than a year�

The consent requirement for an FBA as an evaluation under IDEA does not apply if an LEA is investigating

the behaviors of a student who is not receiving special education services or will not be completed as

part of an evaluation for a suspected disability or to inform an ARD committee�

NOTE: The U.S. Department of Education, Oce of Special Education and Rehabilitative

Services (OSERS) stated in its 2009 Q&A document that consent is required for conducting an

FBA (question E-4) and that a parent or guardian who disagrees with the student’s FBA would

have the right to an independent educational evaluation (IEE) at public expense (question E-5)�

More recently in the July 2022 Stakeholders’ Guide, OSERS noted that as a result of a U�S� Court

of Appeals for the Second Circuit case that disagreed with OSERS’ interpretation, they intend “to

review its previously stated positions on this matter�”

Page | 21

Behavior Supports and Guidance for Students with Disabilities

Best Practice Tip:

• Even when not required, it is highly recommended to seek consent and fully explain to parents

or guardians the reason(s) and process for the FBA� Family members are an important source of

information about behaviors outside of school�

• Pending completion of the FBA consider what positive behavior supports and interventions can be

put into place immediately to assist the student�

Step 2. Identify the Evaluation Team

The IDEA does not specify any members of a particular profession, or of the ARD

committee, who might be qualied to conduct FBAs. IDEA 2004 provisions call for

schools to have “properly trained professionals” available to conduct FBAs and

develop appropriate BIPs� Although IDEA does not specify what is meant by “properly

trained professionals,'' some recommendations include school sta with knowledge

and training related to the following areas:

• Variables that impact challenging behavior

• Functions of behavior

• Assessment strategies that guide the development of eective interventions

• Collecting and analyzing data on behavior

• Behavioral observation and interviewing

• Curriculum and instruction at appropriate developmental levels

• Development and implementation of eective interventions based on functions of behavior

School personnel who may be able to ll these roles at varying levels of expertise are licensed specialists

in school psychology (LSSPs), behavior specialists, Board Certied Behavior Analysts (BCBAs), school

counselors, school social workers, special education teachers, and other persons with specic training in

behavioral assessment, behavioral analysis, and intervention. A team approach is often most eective.

Best Practice Tip:

When conducting an FBA:

• Have an evaluation team consisting of varied roles (e�g�, specialists, teachers)�

• Train the evaluation team on data collection methods prior to conducting an FBA�

• Incorporate multiple sources of both indirect and direct data�

• Ensure data collection techniques are appropriate and align with best practice in measuring,

observing, and tracking the identied target behaviors (e.g., frequency counts for high-rate

behavior, durational counts for behavior that is ongoing for periods of time)�

Step 3. Identify Target Behaviors

As part of the FBA, the ARD committee and the evaluation team should identify the

interfering behaviors that will be assessed and should decide upon clear, objective,

and measurable target behavior denitions.

For example, the ARD committee may identify “physical aggression" as a target

behavior for evaluation in the FBA� The evaluation team should then decide upon

a clearly stated denition for this type of behavior, such as “striking others with an

open hand or closed st and/or kicking others.” This is sometimes referred to as

an “operational denition” of a target behavior. This will ensure the collection of

accurate data and the design of individual programming to meet the student’s needs�

Page | 22

Behavior Supports and Guidance for Students with Disabilities

Example Target Behaviors and Operational Denitions

Target Behavior Operational Denition

John is o task during class.

John puts his head down on his desk or walks around

the classroom during instructional time�

Beverly is disrespectful to sta.

Beverly raises her voice, curses, and tells sta members

to “shut up�”

Cara is disruptive in class�

Cara speaks out of turn during instructional time and

laughs loudly when redirected to the instruction�

Step 4. Collect Data

Indirect sources of data are those that do not require the direct observation of the behavior� Some

examples of indirect data for an FBA include:

• Interviews

• Behavior rating scales

• Surveys

• Review of records (e.g., historical information, teacher collected data, oce discipline referrals,

grades, attendance)

Indirect data should be provided by those familiar with the student about the behaviors of concern,

including but not limited to:

• Parent or guardian, other caregivers

• General education teachers (including electives or specials)

• Special education teachers and related services personnel

• Paraprofessionals

• School counselors and social workers

• Campus administrators

• The student

• Behavior specialists or interventionists

The purpose of collecting indirect sources of data is to:

• Identify the behaviors that interfere with student learning and progress

• Describe the behaviors of concern clearly

• Identify variables in the environment that occur before and after the behavior of concern

• Identify how dierent individuals may respond to the behavior of concern

• Identify settings or situations where the behaviors are more or less likely to occur

• Identify what interventions, if any, have been implemented and the results

• Start to identify patterns

Page | 23

Behavior Supports and Guidance for Students with Disabilities

Direct sources of data for an FBA involve direct observation of the behaviors interfering with learning�

Examples of direct data for an FBA include:

• Antecedent-Behavior-Consequence (A-B-C) data

• Frequency or event data

• Duration data and Latency data

• Interval and scatter plot data

A-B-C data collection serves to identify the antecedents (A) that set the stage for or trigger problem

behavior (B) to occur and the consequences (C) that appear to maintain that behavior� This is also

referred to as the three-term contingency� Typically, this data is collected over multiple sessions and is

used to identify patterns and functions of behavior (see Appendix A: ABC Questions)� Other forms of

direct data collection (e�g�, frequency, duration) serve to establish baselines from which the team can

establish goals and monitor progress�

Examples of A-B-C Data Collection

Date/Time Setting Antecedent Behavior Consequence Eect

When did the

interfering

behavior

occur?

Where

did the

interfering

behavior

occur?

What

happened

immediately

before the

interfering

behavior?

Objectively

describe the

interfering

behavior.

What happened

immediately

after the

interfering

behavior?

What eect did

the consequence

have on the

behavior?

3-10-21

9:09 a�m�

Specials

(Music)

classroom

The teacher

asked John to

play on the

keyboard�

John shook his

head repeatedly

then placed his

head on the

oor.

The teacher

stated, “That’s

okay, John,” and

called on another

student�

John kept his

head down

for ~30 more

seconds then

returned to sitting

upright�

Step 5. Analyze Data and Write Function Statements

Once data is collected for the FBA, the evaluation team should analyze the data for patterns to determine

the function of the interfering behavior(s)� Based on the data, a function statement can be written

for each target behavior� A function statement should include the antecedent, behavior, reinforcing

consequence, and hypothesized function of the interfering behavior�

Example of Function Statement

Antecedent Behavior

Reinforcing

Consequence

Hypothesized Function

When presented with a

request to participate

in a non-preferred

activity, such as music,

the student will

repeatedly shake his

head and/or put his

head down on the

desk,

and receive a break

from the activity or

alternate assignment

from the teacher�

Therefore, the function of

the behavior is thought

to be escape from non-

preferred activities, such as

music�

NOTE: Although various environmental consequences may occur immediately after a behavior is

displayed (e.g., dierent peer reactions, dierent sta responses, materials falling to the oor), not

all consequences that occur may play a role in maintaining the interfering behavior� Appropriately

detailed data collection procedures and data analysis (including careful review of antecedents)

helps to determine which consequence(s) are maintaining the interfering behavior over time�

Page | 24

Behavior Supports and Guidance for Students with Disabilities

Step 6. Recommend Intervention(s)

The FBA should provide recommendations for interventions based on the identied function(s) of

interfering behavior� As part of the FBA, recommendations for the following areas should be outlined:

• Antecedent/prevention strategies

• Replacement behaviors

• Teaching and reinforcement strategies

• Consequent strategies

Example: A student who has escape behaviors for the nonpreferred activity of music�

Antecedent Prevention

Replacement

Behaviors

Teaching/

Reinforcement

Consequent

Strategies

Presented with

a request to

participate in a

non-preferred

activity, such as

music

Review music activity

and expectations before

class, Adjust demand

diculty, Oer choices,

Incorporate student

interests and strengths

in an activity

Verbally

requesting a

break* or an

alternative

assignment

Model appropriate

requesting, Role-play

requesting

Sta provide the

student with a

short break or

alternative task

*Ensure that the student has the skill to reliably make verbal requests and does not need to use another

form of communication� See here for examples of visual break cards�

Review of Key Components of an FBA

Key Component Example

Clearly identied target behavior(s) Cursing, yelling, throwing materials

Gather and analyze multiple sources of data Parent or guardian and multiple sta members

complete surveys and interviews� Members of the FBA

team collect A-B-C and scatter plot data through direct

student observation�

Direct observation and data collection The evaluation team completes multiple observations

across multiple school settings until functional

relationships become clear�

Documented events, times, and

environmental situations when behavior does

and does not occur

Data shows the behavior is most likely to happen during

math or writing independent work� Data shows the

behavior has never occurred during recess or lunch�

Reinforcement obtained that maintains

problem behavior(s)

Teachers remove materials� Teachers sometimes send

student to the principal�

Function statement When presented with tasks such as math or writing, the

student engages in the behavior of cursing, yelling, and

throwing materials to escape from the academic task�

Page | 25

Behavior Supports and Guidance for Students with Disabilities

Next Steps After Conducting an FBA

Review FBA

After an FBA has been completed, the ARD committee must meet to review the

results� The behaviors of concern, their corresponding functions, and individualized

programming (including positive behavior supports) should be reviewed by the

ARD committee� The ARD committee should then determine what programming

changes, if any, are needed to provide FAPE to the student� This likely includes

developing a BIP for the student�

When reviewing the FBA, the ARD committee should keep in mind the following considerations:

• Some behaviors can serve multiple functions�

• Functions of behavior can shift over time, requiring ongoing monitoring and data collection of

behavior�

• Consider decits in academics, self-regulation, and social skills that may be contributing to the

behavior�

• Consider medical factors that may be contributing to the behavior, especially for students with

limited communication (e�g�, history of ear infections, sleep deprivation related to recent changes

in the home)�

• Consider what replacement behaviors can be taught to the student to accomplish a similar

outcome more appropriately�

• Consider antecedent interventions and environmental changes that can be made to decrease the

likelihood of the student needing to engage in the challenging behavior�

Identify Replacement Behaviors

Replacement behaviors should serve the same function, or be functionally

equivalent to, the interfering behaviors they are replacing� For example, if the FBA

process determined the student engages in physically aggressive behavior to escape

from a non-preferred academic task, then any replacement behavior selected must

meet that same need (escaping the task)� Next, a BIP will be developed based on the

function of the challenging behavior and the new replacement behavior�

Example of Function Statement and Functionally Equivalent Replacement Behavior

FBA Function Statement Replacement Behavior

When presented with tasks such as math or writing, the

student engages in the behavior of cursing, yelling, and

throwing materials to escape from the academic task.

Verbally requesting a break or an alternative

assignment

Additional Resources:

• Texas Statewide Leadership for Autism Training (TSLAT): FBA and BIP Issues and Strategies

• TSLAT: Functional Behavior Assessment

• TSLAT: Behavior is Communication Course

• IRIS Center - Functional Behavior Assessment: Identifying the Reasons for Problem Behavior and

Developing a Behavior Plan

• Question and Answers: Addressing the Needs of Children with Disabilities and IDEA’s Discipline

Provisions Section G (OSERS, 2022)

Page | 26

Behavior Supports and Guidance for Students with Disabilities

Behavior Intervention Plans (BIPs)

What is a BIP?

Once an FBA is completed, the ARD committee can use this evaluation to, if necessary, develop a plan

that meets the individualized behavioral needs of the student� A BIP is developed by the ARD committee

and used to teach or reinforce positive behaviors� The BIP typically includes:

• teaching strategies designed to increase appropriate replacement behaviors that serve the same

function as the interfering behavior for the student

• changes that will be made in classrooms or other environments to reduce or eliminate problem

behaviors (antecedent/prevention strategies)

• supports for the student that promote the appropriate behaviors (e�g�, reinforcement)�

• Consequent strategies (what to do when challenging behavior occurs, what to do when

replacement behavior occurs)

When to Consider a BIP

A BIP is REQUIRED when a student has been removed from his current educational placement for a

behavioral or disciplinary oense determined to be a manifestation of the student’s disability (if a BIP has

not already been developed)�

Additional situations may occur where the ARD committee should consider developing a BIP� Certainly,

any of the situations noted on page 20 that may trigger the need for an FBA may also lead to the

development of a BIP� In general, whenever a student’s behavior impedes his learning or the learning of

others, IDEA requires that the ARD committee consider the use of PBIS� These supports may include a

BIP�

NOTE: The AUTISM SUPPLEMENT requires ARD committees to consider specic strategies that

may be necessary to support students with autism� Positive behavior strategies, including an FBA

and BIP, is one of the required considerations for all students with autism� For some students with

autism, a BIP will be a necessary component of providing FAPE�

Writing a BIP

A BIP includes multiple components to ensure it is

appropriately designed to reduce interfering behaviors

and teach and promote replacement behaviors

aligned with the functions identied in the FBA. A

comprehensive BIP includes the following components:

descriptions of the interfering behavior(s), function(s)

of the interfering behavior(s), appropriate replacement

behaviors, antecedent/prevention strategies,

instructional strategies, and consequences (i�e�,

responses to interfering behaviors, reinforcement for

replacement behaviors)�

Descriptions of Behavior

Interfering behaviors targeted in the BIP should have clear and objective descriptions� The detailed

descriptions of behaviors used to record data, sometimes referred to as operational denitions, often

come from the FBA�

Page | 27

Behavior Supports and Guidance for Students with Disabilities

Functions of Behavior

A BIP needs to clearly outline the function(s) of the behaviors that impede learning� This ensures that the

ARD committee can design a plan best aligned to the individual behavioral needs of the student� These

functions typically come from the FBA�

Functions of behavior may dier slightly in their descriptions across professional disciplines and research

literature (e.g., Automatic vs Sensory reinforcement). Regardless, all functions should be identied in the

BIP in such a way that the ARD committee can determine appropriate replacement behaviors that meet

the same functions as the interfering behaviors� Functions of behavior can typically be categorized into

social and non-social functions, and further divided into functions that serve to either obtain or remove

something�

Examples of Behavioral Functions

Obtain Remove (Escape)

Sensory Example: Picking skin on the

nger, resulting in bleeding, as

a desirable sensory input�

Sensory Example: Running out of the

gymnasium to escape an

intolerable level of sound�

Activities/Items Example: Leaving a seat

without permission to access a

preferred toy�

Activities/Items Example: Ripping and throwing

materials when presented with a

writing assignment to avoid the

task�

Attention Example: Repeatedly calling

out in class to obtain verbal

and non-verbal reactions from

peers�

Attention Example: Putting head down on

the desk and shaking head side

to side when a peer says hello to

escape the social interaction�

Replacement Behaviors

As previously mentioned, the BIP must include a plan to teach and/or reinforce replacement behaviors

that serve the same function(s) as the interfering behaviors� This is sometimes referred to as functional

equivalency� For example, if an FBA determines that a student engages in behavior such as tearing

materials to avoid a non-preferred task, a replacement behavior should also serve to avoid that non-

preferred task�

Best Practice Tip: Replacement behaviors should not be beyond the student’s current skill level

(e�g�, a vocal verbal request as a replacement behavior for a student in the beginning stages of learning

a picture communication system). Also, replacement behaviors should require less eort for the

student to engage in than the interfering behavior�

For example, if a student can escape a

loud environment by walking quickly

out the door, then a replacement

behavior of walking to a sta

member to request noise-canceling

headphones in the loud environment

would require more eort for the

student to meet their needs� This

could lead to a replacement behavior

that is rarely or never displayed by the

student�

Page | 28

Behavior Supports and Guidance for Students with Disabilities

Examples of Alignment of Replacement Behaviors to Interfering Behavior Function

Interfering Behavior Example Function* Function Based Replacement

Behavior

Crying and yelling Escape from non-preferred

math work

Request (through gestures or verbally)

an alternate assignment

Throwing items in the

classroom

Obtain attention from sta

and peers

Use a conversation starter to gain

the attention of sta and peers; Wait

until designated social times to access

attention

Elopement (running away) Escape from sensory input

(e�g�, loud environment)

Independently put on noise-canceling

headphones

*The function listed is an example, the same exact behavior (e�g�, elopement, crying, throwing items) may

serve a dierent function for a dierent student. The replacement behavior selected should always be

based on the function(s) identied in the FBA.

Over time and based on student success, the replacement behaviors can be altered to more closely

approximate the behavior that is ultimately desired in order to maximize success and progress in the

learning environment� For example, an initial replacement behavior may allow a student to request a

break each time a non-preferred task is presented� Over time the replacement behavior that is reinforced

may shift to requesting a break after rst engaging in the non-preferred task for a set amount of time

(which can also increase incrementally as the student is successful)� This type of process is often referred

to as shaping�

Antecedent/Prevention Strategies

The BIP should include strategies designed to prevent interfering behaviors from occurring� These

strategies may include both environmental changes and sta implemented strategies. Antecedent

strategies should be functionally aligned to the interfering behaviors, such as embedding scheduled

breaks for students likely to engage in behavior to avoid prolonged academic tasks� Antecedent strategies

serve to decrease the student’s need or motivation to engage in the behavior�

Page | 29

Behavior Supports and Guidance for Students with Disabilities

Examples of Antecedent/Prevention Strategies by Function

Instructional Strategies

The BIP should include a section that describes the instructional strategies sta will use to teach the

appropriate replacement behaviors to the student� This section can ensure continuity of behavior

strategies across sta members and school settings, which will improve the acquisition, generalization,

and maintenance of replacement behaviors� A student should be systematically and explicitly taught

behaviors/skills that will meet the same function as his/her interfering behavior� This will make the

problem behavior less ecient and eective and the acceptable behavior easier to perform and more

likely to be reinforced�

Special consideration should be provided to skill decits related to a student’s disability areas. Students

may have skill decits related to areas such as academics, social skills, communication, and organization

that impact their ability to acquire, generalize, and maintain taught replacement behaviors� For example,

a student with executive functioning decits that make organizational strategies challenging would not

benet from simply being provided with a school

planner� The student would require explicit teaching on

how to use the planner, with frequent checks for

understanding� Similarly, if the academic tasks a

student with work avoidance behaviors is asked to

engage in are above the student’s instructional level,

the behavior is unlikely to improve without instructional

strategies aimed at increasing the student’s academic

skills (while also implementing antecedent strategies to

make the work task more appropriate)�

Embed choice into

tasks

Set up a system to

request help

Priming (i�e�

previewing

materials,

activities, and

expectations

ahead of time)

Address task

diculty (modify

amount or type of

activity)

Increase

opportunities

for positive

recognition

throughout the

day

Increase

opportunities to

respond

Increase

opportunities for

peer interaction

Schedule more

frequent adult

interactions (i�e�

noncontingent

attention)

Visual schedules

that show when

desired activity will

occur

Clear routines

and warnings to

transition

Clarify expected

behavior and

provide specic

pre-corrects

Provide an

opportunity

to engage in a

preferred activity

rst

Preferred seating

away from loud

areas (e�g�, air

conditioner,

classroom

intercom)

Access to

noise-canceling

headphones

Schedule

movement breaks

throughout the

day

Access to dget

items designed to

provide desired

sensory input

Obtain/Remove

Sensory

Obtain

Activity/Items

Obtain

Attention

Remove/Avoid

Activity

Page | 30

Behavior Supports and Guidance for Students with Disabilities

Teaching a replacement behavior should include:

• Reviewing the student’s strengths and preferences

• Reviewing the student’s needs as they relate to skill decits

• Consideration of both skill and performance decits (Sometimes students need practice to

implement a skill in the moment with uency)

• Practicing the behavior when the student is calm, relaxed, and at times when problems do not

typically occur

• Instructing the student when the replacement behavior should be used

• Modeling the replacement behavior for the student to see

• Providing opportunities for the student to role-play and practice using the new behavior

• Teaching the behavior in the natural setting as much as possible

Responses to Behavior

The BIP should include a section that describes the sta’s response to the interfering behaviors, should

they still occur despite the implementation of individualized behavior strategies�

In developing appropriate responses or consequent strategies the ARD committee should consider:

• Student and sta safety

• Sta responses that will promote the use of the replacement behaviors

• Sta responses that will discourage future use of the interfering behaviors

• Student specic history of trauma, especially for the use of strategies such

as planned ignoring, physical prompting, or keeping a demand after student

refusal behavior

• Recent changes in the student’s life which may temporarily reduce

responsiveness to BIP strategies (e�g�, change in housing, illness, medication

changes)

• The inability of the student to learn while the behavior is occurring because the

student is experiencing distress and is not regulating their emotions

Reinforcement

The BIP should include a description of the

reinforcement procedures used to ensure the

continued use of the replacement behaviors�

Without the consistent application of the

appropriate amount and type of reinforcement

provided for the replacement behavior,

lasting behavior change is not possible� In

establishing appropriate reinforcement systems,

ARD committees should consider results of

preference assessments, student input on

what would help motivate them, and parent or

guardian and sta feedback on what the student

responds positively to�

Page | 31

Behavior Supports and Guidance for Students with Disabilities

Sample BIP Components

BIP Section Example

Description of

Interfering Behavior

Physical aggression - may look like, but is not limited to, hitting, kicking, and/

or pinching others

Function(s) of Behavior Escape/avoidance of task demand

Replacement Behaviors Request a break, assistance with work, or alternate assignment using the

Augmentative and Alternative Communication (AAC) device

Antecedent/Prevention

Strategies

Visual schedule; Chunking of assignments; Pre-teaching of concepts; Priming,

choice between two assignments that serve same learning outcome

Instructional Strategies Modeling use of AAC device; Social Narratives; Role-play use of AAC device

Responses to Behavior Sta prompting the use of replacement behavior; Ensuring peers are not

within reach; Redirection to assigned task

Reinforcement As identied in preference assessment: high ves, stamps on hand, short

music/dance break� Functionally aligned reinforcement examples are breaks

from work, assistance with work, and providing alternate assignments each

time requested�

Behavior Goals in the IEP

For students who require a BIP to address interfering behaviors, the ARD committee should develop

behavior goals in the IEP to progress monitor how well the BIP is working� Behavior goals should follow

the same format as any other goals in the IEP, with a clearly outlined timeframe, condition, behavior,

and criteria for mastery� In addition, behavior goals should be aligned to the student’s Present Levels of

Academic Achievement and Functional Performance (PLAAFP), typically using baseline data gained from

the FBA�

Timeframe Condition Behavior Criteria

By the end of the

sixth progress

reporting period

given implementation

of antecedent strategies

from his BIP and

instruction to complete a

math assignment

John will either work on the

assignment or use a replacement

behavior (request a break, sta

assistance on the assignment, or an

alternate assignment)

across 70%

of math

assignments

during a

reporting period

for mastery�

To learn more about developing measurable IEP goals, please refer to these TEA resources:

• Question and Answer Document: IEP Measurable Annual Goals

• Individualized Education Program (IEP) Development

• Writing PLAAFP and Developing Measurable Annual Goals

Page | 32

Behavior Supports and Guidance for Students with Disabilities

Ongoing Considerations

State Law Requirements

STATE LAW requires BIPs to be reviewed at least annually by the ARD committee, or more frequently if

appropriate, to consider the safety of the student or others or to address changes in circumstances that

may impact the student’s behavior� According to the law, examples of changes in circumstances that may

impact a student’s behavior include:

(A) the placement of the student in a dierent educational setting,

(B) an increase or persistence in disciplinary actions taken regarding the student for similar types of

behavioral incidents,

(C) a pattern of unexcused absences, or

(D) an unauthorized unsupervised departure from an educational setting�

Please refer to TEA’s House Bill 785 Frequently Asked Questions for additional information about this

requirement�

Best Practice Tip:

LEAs should maintain documentation to demonstrate the following:

• Parent or guardian involvement in creating the BIP (ARD committee meeting participation and

deliberation notes)

• Review/training of the BIP with the student’s teachers and LEA sta who work with the student.

Remember to include other school sta who may need to be aware of or implement the BIP (e.g.,

cafeteria monitors, bus drivers, special area teachers, campus administrators)� Documentation

that LEA sta received the BIP, understand how to implement it, and who to contact if they have

questions�

• Implementation of the BIP (e�g�, checklists, data collection, delity checklists, or notes)

• Ongoing data collection related to student behavior and any goals developed

Social Validity

The ARD committee should, on an ongoing basis, review the behavioral aspects of the IEP for appropriate

social validity. Social validity,as dened by the Iris Center,

Refers to whether the proposed intervention and the desired replacement behavior represent

socially accepted practices� To determine social validity, the team members need to identify

whether:

• The intervention will address socially signicant goals

• Those involved with the intervention feel that it is socially acceptable

• The intervention will produce socially important outcomes

Social validity focuses on the usefulness of the skills to the student and to those who care about the

student� Reviewing social validity helps the ARD committee focus on how the BIP might improve the

quality of life for the student and the family�

Page | 33

Behavior Supports and Guidance for Students with Disabilities

Progress Monitoring

Ongoing monitoring of progress toward behavior goals is essential for the ARD committee to determine

the eectiveness of the BIP. School sta should outline a plan to monitor student progress, considering

the following:

• What behaviors should be monitored?

• What settings the data collection will occur in�

• Who will collect the data?

• What data measures (e�g�, frequency counts, interval data,

behavioral duration, severity rubrics) can accurately capture the

necessary data?

• How often data will be collected and reviewed?

Regular progress monitoring and review will help the ARD committee

determine necessary changes and consider how best to support

generalization and maintenance of appropriate replacement behaviors

over time�

Fidelity of Implementation

The failure to properly and consistently implement the student’s BIP can amount to a denial of FAPE� LEAs

should incorporate periodic delity of implementation (FOI) checks for BIPs. These delity checks can

ensure that BIP strategies are implemented correctly across settings and sta members. This not only

serves to ensure that the appropriate supports are delivered but also assists with ensuring the current

strategies listed in the IEP are eective for the student. The ARD committee should consider how to best

support the generalization (e.g., across settings, sta members, peers) and maintenance overtime of the

behavioral skills outlined in the BIP/IEP�

Example FOI Check

Date: Instructor Name: Observer Name:

Student Name: Setting:

The student has access to preferential seating near a sta member Yes No N/A

The student has access to OT provided sensory items Yes No N/A

The visual schedule is reviewed with the student Yes No N/A

The student is provided with reinforcement Yes No N/A

Sta prompts the use of an AAC device for communication attempts Yes No N/A

Notes: # Yes/Yes + No = _______ %

Additional Resources:

• IRIS Center - Functional Behavior Assessment: Identifying the Reasons for Problem Behavior and

Developing a Behavior Plan

• TSLAT: Dierential Reinforcement

• TSLAT: FBA and BIP Issues and Strategies

• TXCAN: Behavior as Communication (Video)

• TSLAT: Why is Fidelity Important?

• TSLAT: What is a Replacement Behavior?

Page | 34

Behavior Supports and Guidance for Students with Disabilities

Prohibited Aversive Techniques, Use of Restraint, and Time-Out

When the statute that addresses the USE OF CONFINEMENT, RESTRAINT, SECLUSION, AND TIME-OUT was

passed, it required the Commissioner of Education to create a rule adopting specic PROCEDURES for the

use of restraint and time-out in schools� Both the law and the rule recognize that it is the state’s policy to

treat all students with dignity and respect� To that end, the law provides that a student served by special

education may not be conned in a locked box, closet, or other specially designed locked space as either

a discipline management practice or a behavior management technique�

Seclusion is dened as a behavior management technique where a student is conned in a locked box,

closet, or room that is designed solely to seclude a person and contains less than 50 feet square feet

of space� Except in very limited circumstances, a school district employee, volunteer, or independent

contractor is prohibited from placing a student in seclusion� Note that in an emergency, if a student has

a weapon and it is necessary to conne the student to prevent them from causing bodily harm to self or

others, the student may be placed in locked, unattended connement while awaiting the arrival of law

enforcement�

With very limited exceptions, the use of aversive techniques is prohibited� Restraint and time-out are

permissible only in certain, specic circumstances. The following section details those exceptions and

circumstances and gives more information about these techniques and the limited situations in which

they may be allowed�

Prohibited Aversive Techniques

Denition

State LAW denes an “aversive technique” as a technique or intervention

intended to reduce the likelihood of a behavior reoccurring by intentionally

inicting on a student signicant physical or emotional discomfort or pain.

The term includes a technique or intervention that:

• is designed to, or is likely to, cause physical pain, including through

the use of electric shock or any procedure that involves the use of

pressure points or joint locks,

• involves the directed release of a noxious, toxic, or otherwise

unpleasant spray, mist, or substance near the student’s face,

• denies adequate sleep, air, food, water, shelter, bedding, physical

comfort, supervision, or access to a restroom facility,

• ridicules or demeans the student in a manner that adversely aects or endangers the learning or

mental health of the student or constitutes verbal abuse,

• employs a device, material, or object that simultaneously immobilizes all four extremities,

including any procedure that results in such immobilization known as prone or supine oor

restraint,

• impairs the student’s breathing, including any procedure that involves:

○ applying pressure to the student’s torso or neck, or

○ obstructing the student’s airway, including placing an object in, on, or over the student’s

mouth or nose or placing a bag, cover, or mask over the student’s face,

• restricts the student’s circulation,

• secures the student to a stationary object while the student is in a sitting or standing position,

• inhibits, reduces, or hinders the student’s ability to communicate,

DEFINITION:

“Aversive technique”

is a technique or

intervention intended to

reduce the likelihood of

a behavior reoccurring

by intentionally inicting

on a student signicant

physical or emotional

discomfort or pain�

Page | 35

Behavior Supports and Guidance for Students with Disabilities

• involves the use of a chemical restraint,

• constitutes use of time-out that precludes the student from being able to be involved in and

progress appropriately in the required curriculum and, if applicable, toward the annual goals

included in the student’s IEP, including isolating the student by the use of physical barriers, or

• deprives the student of the use of one or more of the student’s senses�

A school district employee, volunteer, or an independent contractor of a school district may not apply

an aversive technique, or by authorization, order, or consent, cause an aversive technique to be applied

to a student� However, a technique that deprives the student of the use of one or more of the student’s

senses may be used if it is executed in a manner that:

• does not cause the student discomfort or pain, or

• complies with the student’s IEP or BIP�

These prohibited aversive technique requirements apply to all students, including students in o-

campus placements. Additional guidance, including an FAQ section, can be found within the TEA Aversive

Techniques document�

Use of Restraint

Denition

State law, USE OF CONFINEMENT, RESTRAINT, SECLUSION, AND TIME-

OUT, denes "restraint" as the use of physical force or a mechanical

device to signicantly restrict the free movement of all or a portion of a

student's body�

Restraint does not include:

• physical contact or appropriately prescribed adaptive equipment

to promote normative body positioning and/or physical

functioning;

• limited physical contact with a student to promote safety (e�g�,

holding a student's hand), prevent a potentially harmful action (e�g�, running into the street), teach

a skill, redirect attention, provide guidance to a location, or provide comfort;

• limited physical contact or appropriately prescribed adaptive equipment to prevent a student

from engaging in ongoing, repetitive self-injurious behaviors (although it is expected that the

student’s IEP will reect instruction to promote student learning and reduce and/or prevent the

need for ongoing intervention); or

• seat belts and other safety equipment used to secure students during transportation�

How and when may restraint be used?

PROCEDURES FOR USE OF RESTRAINT AND TIME-OUT allow a school employee, volunteer, or

independent contractor to use restraint only in an emergency� An “emergency” is when a student’s

behavior poses a threat of imminent, serious physical harm to the student or others or imminent, serious

property destruction�

Any school employee, volunteer, or independent contractor restraining a student must:

• limit the force used to what is reasonably necessary to address the emergency,

• discontinue the restraint as soon as the situation is no longer an emergency,

• implement the restraint in such a way as to protect the health and safety of the student and

others,

• ensure that the student is not deprived of basic human necessities

DEFINITION:

“Restraint”

is the use of physical force

or a mechanical device to

signicantly restrict the

free movement of all or a

portion of a student’s body�

Page | 36

Behavior Supports and Guidance for Students with Disabilities

NOTE: Residential facilities that are licensed by the Texas Department of Family and Protective

Services, or Department of State Health Services, and are approved by TEA as a nonpublic

educational program, are subject to state laws and rules regarding prohibited aversive techniques

and restraint, time-out, and seclusion�

Training Requirements

Every campus must have a core team that receives TRAINING ON USE OF RESTRAINT� This team must

include a campus administrator or designee and any general or special education personnel likely to use

restraint� TEA highly encourages schools to ensure that both general and special education educators are

on this core team� If a person who has not been trained restrains a student, they must receive training

within 30 school days of when the restraint occurred� Training on restraint must include information on

prevention and de-escalation techniques, alternatives to restraint, and professionally accepted practices

regarding behavior management and the use of restraint� The Texas Behavioral Support Initiative (TBSI)

training oered through TEA’s TIER network helps campuses fulll this training requirement. Sta

training should also include practice and demonstration of appropriate restraint techniques with regular

refresher training�

Documentation Requirements

DOCUMENTATION AND NOTIFICATION ON USE OF RESTRAINT

Timeline Documentation Requirement

On the day of

restraint

The campus administrator or designee must be notied verbally or in writing regarding

the use of restraint�

A good faith eort must be made to verbally notify the parent or guardian(s) regarding

the use of restraint�

Within one

school day of

restraint

Written notication for each use* of restraint must be placed in the mail or otherwise

provided to the parent or guardian� The DOCUMENTATION must include:

- Name of student

- Name of the individual(s)

administering restraint

- Date of restraint

- Time the restraint began

and ended

- Location of restraint

- Nature of the restraint

- Description of activity the

student was engaged in

immediately preceding the

restraint

- Behavior of the student

that prompted restraint

- De-escalation eorts and any alternatives to restraint

that were attempted

- Observation of the student at the end of the restraint

- If the student does not have a BIP, information on

the procedure for the student’s parent or guardian

to request an ARD committee meeting to discuss the

possibility of conducting an FBA and developing a plan

for the student

- If the student does have a BIP, whether the BIP may

need to be revised as a result of the behavior that led

to the restraint and, if so, identication of the sta

member responsible for scheduling an ARD committee

meeting to discuss any potential revisions

- Information documenting parent contact and

notication

Consider using the TEA developed Written Summary of Restraint Use Sample Form to

document restraints�

In a timely

manner after

restraint

Written documentation regarding the use of restraint must be placed in the student’s

special education eligibility folder so the information is available to the ARD committee

when it considers the impact of the student’s behavior on the student’s learning and/or to

create or revise a BIP�

* If a student is restrained multiple times during an event, each restraint is considered an individual incident and must be written up as such�

Page | 37

Behavior Supports and Guidance for Students with Disabilities

NOTE: Campuses are REQUIRED to report cumulative data regarding the use of restraint on

students (including students in o-campus instructional settings) through the Public Education

Information Management System (PEIMS

)�

Time-Out

Denition

TIME-OUT is dened in statute as a behavior management

technique that, in order to provide a student with an

opportunity to regain self-control, the student is separated from

other students for a limited period in a non-locked setting, from

which the exit is not physically blocked by furniture, a closed

door held shut from the outside, or another inanimate object�

Limitations on the Use of Time-Out

Commissioner's Rule, PROCEDURES ON USE OF RESTRAINT

AND TIME-OUT, species that a school employee, volunteer, or

independent contractor may use time-out with the following

limitations:

• Physical force or threat of physical force must not be used to place a student in time-out�

• Time-out may only be used in conjunction with an array of positive behavior intervention

strategies and must be included in the student’s IEP and/or BIP if it is utilized on a recurrent basis

to increase or decrease a targeted behavior�

• Use of time-out must not be implemented in a fashion that precludes the ability of the student

to be involved in and progress in the general curriculum and advance appropriately towards

attaining IEP goals� The PROHIBITED AVERSIVE TECHNIQUES statute also states this limitation by

prohibiting “ use of time-out that precludes the student from being able to be involved in and

progress appropriately in the required curriculum and, if applicable, toward the annual goals

included in the student’s individualized education program, including isolating the student by the

use of physical barriers�”

Training Requirements

TRAINING for school employees, volunteers, or independent contractors must be

provided according to the following requirements:

• Any general or special education personnel who implement time-out based

on requirements established in a student’s IEP and/or BIP must be trained in

the use of time-out�

• Newly identied personnel called upon to implement time-out based

on requirements established in a student's IEP and/or BIP must receive

training in the use of time-out within 30 school days of being assigned the

responsibility for implementing time-out�

• Training on the use of time-out must be provided as part of a program that

addresses a full continuum of positive behavioral intervention strategies and must address the

impact of time-out on the ability of the student to be involved in and progress in the general

curriculum and advance appropriately toward attaining the annual goals specied in the student’s

IEP�

• All personnel who are trained must receive instruction in current professionally accepted practices

and standards regarding behavior management and the use of time-out�

The TBSI training oered through the TIER network helps campuses fullls this training requirement.

DEFINITION:

“Timeout”

is a behavior management

technique that, in order to provide

a student with an opportunity to

regain self-control, the student is

separated from other students for

a limited period in a non-locked

setting, from which the exit is not

blocked and the student is not

physically prevented from leaving�

Page | 38

Behavior Supports and Guidance for Students with Disabilities

Documentation Requirements

Necessary DOCUMENTATION or data collection regarding the use of time-out, if any,

must be addressed in the IEP and/or BIP� If a student has a BIP, the school district must

document each use of time-out prompted by a behavior specied in the student's BIP,

including a description of the behavior that prompted the time-out� The ARD committee

must use any collected data to judge the eectiveness of the intervention and provide

a basis for making determinations regarding its continued use� See appendix E and

appendix F

for documentation forms that may assist with these requirements�

Additional Considerations

In behavioral terms, time-out is a behavior reduction technique designed to reduce or eliminate

target behaviors maintained by attention or other positive reinforcers� It is important to remember

that time-out will not be eective for behaviors that are motivated by escape or avoidance. Time-out

is only eective to the extent that the time-in environment is a place students want to be. If the time-

in environment is boring, frustrating, or where students are unsuccessful, time-out may actually be

reinforcing. Also, time-out is not eective and not recommended for self-reinforcing behaviors, self-

stimulatory behaviors, self-abusive behaviors, daydreaming, etc�

Time-out must be used in conjunction with positive behavioral supports designed

to increase and strengthen students' appropriate behaviors.Students with chronic

behavior problems often have behavioral skill decits; for example, they may not

possess the behavioral skills for dealing with rejection, frustration, boredom, or how

to say no in a socially acceptable manner� For this reason, negative behaviors cannot

simply be eliminated� Students must be taught appropriate replacement behaviors

and be reinforced for displaying those behaviors� This way, students have a way to

get their needs met without engaging in inappropriate or even dangerous behaviors�

Additional Resources:

• House Bill 785 Frequently Asked Questions

• TEA Aversive Techniques document

• Texas Behavior Support Initiative (TBSI)

• Dear Colleague Letter: Restraint and Seclusion of Students with Disabilities (OCR, 2016)

IDEA Requirements for Placement and School Discipline

Impacting Students’ Futures

States, schools, and communities are understandably genuinely concerned with school safety� Providing

a safe environment in which students can learn and be free of drugs and violence, is one of education's

top priorities� Students with disabilities aremore than twiceas likely to be suspended as students without

disabilities, and the loss of instructional time increases the risk of repeating a grade and dropping out�

For the 2017-2018 data collection, the U.S. Education Department, Oce for Civil Rights reports that

students with disabilities served under IDEA represented 13�2% of total student enrollment (50�9 million

students attended public schools) but received 20�5% of one or more in-school suspensions and 24�5%

of one or more out-of-school suspensions� Disparities worsen when the data are disaggregated by race�

Black students served under IDEA accounted for 2�3% of total student enrollment but received 6�2% of

one or more in-school suspensions and 8�8% of one or more out-of-school suspensions� Based on this

Page | 39

Behavior Supports and Guidance for Students with Disabilities

information, it is not surprising that IDEA includes provisions that address the discipline of students with

disabilities in school settings�

At the beginning of the school year, students often receive guidelines on expected standards of behavior,

dress, academic integrity, and attendance and the consequences of violating those standards� IDEA

addresses the extent to which schools may take disciplinary action when a student with disabilities

violates a local code of student conduct�

Discipline decisions have consequences� Studies show that students who receive one out-of-school

suspension incident (based on 1-3 days for each suspension) in ninth grade are a quarter less likely than

their peers who are not suspended to graduate high school� Studies also show they are a third less likely

to enter college, and more than twice as likely to drop out of high school� The graph below shows the

results of a 2014 study revealing that suspension increased the chance of leaving school before

graduation from 16% to 32%. Also notice that the eects of exclusion can be cumulative, with each

additional suspension increasing the risk of dropping out by about 10%�

Source: Balfanz, Robert; byrnes, vaughan; and Fox, Johanna (2014) "Sent Home and Put O-Track: The Antecedents, Disproportionalities, and

Consequences of Being Suspended in the Ninth Grade," Journal of Applied Research on Children: Informing Policy for Children at Risk: Vol�5 : iss�2,

Article 13�

Further, in a 2014 study “More than a Metaphor: The Contribution of Exclusionary Discipline to a School-

to-Prison Pipeline”, researchers found that exclusion predicts school-level dropout rates, with high

suspension rate schools having higher dropout rates�

In recent guidance, the US Department of Education oered the following commentary regarding

exclusionary discipline:

Proactive systematic approaches that focus on instruction and supports, and that are

implemented with delity and cultural responsiveness, are likely to address disparities; reduce

the use of exclusionary discipline; and result in positive developmental, academic, and

behavioral outcomes for all children including those with disabilities. Further, in the Oce of

Special Education and Rehabilitative Services’ (OSERS’) view, exclusionary discipline should not

be used for non-violent oenses such as, tardiness, absenteeism, or subjective oenses such as

deance or disrespect.

Dropped Out

0 Suspensions

Graduated

0 Suspensions

75%

16%

32%

52%

42%

38%

49%

30%

53%

23%

1 Suspension

2 Suspensions 3 Suspensions

4 or more

Suspensions

Dropped Out

Graduated

High Schol and Post-Secondary Outcomes

by 9th Grade Suspensions

Page | 40

Behavior Supports and Guidance for Students with Disabilities

Best Practice Tip:

Since research clearly indicates the harmful eects of exclusionary discipline practices, consider

alternatives to classroom removals (e�g�, reteach appropriate behavior and provide time for modelling

and practice, private discussion and problem solving, behavior contract, pair with mentor, before or

after school detention, loss of privileges, peer mediation programs, restorative practices) dependent

upon the severity of the student infraction�

Out-of-school suspensions are more strongly related to negative outcomes than in-school suspensions

(Noltemeyer et al�, 2015), so if the behavior is consistent or serious enough to remove the student from

the classroom, it is important to pair the following in-school instructional supports with the removal to

ensure everyone involved is working towards the student’s successful reentry into the classroom:

• student debrief,

• skills coaching on appropriate behaviors,

• reentry plan with rehearsal, and

• transition supports with a reconnection conversation�

(PBIS Forum 2021: Instructional Alternatives to Exclusionary Discipline)

Types of Disciplinary Removals

States and LEAs must report ve types of disciplinary removals for students with disabilities�

In-School

Suspension

(ISS)

Removal by

Hearing Oﬃcer

Out-of-School

Suspension

(OSS)

Expulsion

Removal to interim

alternative

educational setting

(IAES)

Types of

Disciplinary

Removals

Page | 41

Behavior Supports and Guidance for Students with Disabilities

In-School Suspension (ISS)

ISS includes instances in which the student is removed from his or her regular

classroom(s) for disciplinary purposes but remains under the direct supervision of

school personnel� Direct supervision means school personnel are physically in the

same location as the student under their supervision� Beginning on the 11

th

day of

removal the student must receive services that enable progress towards the IEP�

Prior to the 11

th

day, IEP services may be provided�

Out-of-School Suspension (OSS)

OSS includes instances in which the student is temporarily removed from his or

her regular school to another setting (e�g�, home, behavior center) for disciplinary

purposes� This includes both removals in which the student receives no IEP services

because the removal is 10 days or less and the school district does not provide

services to a student without disabilities who is similarly removed, as well as

removals in which the student continues to receive services according to his or her

IEP�

Expulsion

Expulsion involves removing a student from his or her regular school for disciplinary

purposes for the remainder of the school year or longer by LEA policy� This includes

removals resulting from violations of the Gun-Free Schools Act� IEP services

continue, and the student will receive FAPE�

Removal by Hearing Ocer

An impartial hearing ocer may order the removal of a student from his or her

current educational placement to an appropriate alternative educational setting

for not more than 45 school days based on the hearing ocer’s determination that

maintaining the student’s current placement is substantially likely to result in injury

to the student or others� The ARD committee is responsible for determining the IAES

and will continue implementing the IEP services�

ARD Committee Removal to Interim Alternative Educational Setting (IAES)

The ARD committee determines an appropriate IAES for no more than 45 school

days� This setting enables the student to continue to receive educational services

and participate in the general education curriculum and progress toward meeting

the goals set out in the IEP� While in this setting, the student must receive, as

appropriate, an FBA and behavioral intervention services and modications to

address the behavior violation so that it does not recur� In Texas, these placements

may also be referred to as an Alternative Educational Placement (AEP) or a

Disciplinary Alternative Education Program (DAEP)�

Disciplinary Alternative Education Program (DAEP): Disciplinary programs operated by the LEA

for students who have committed a range of oenses specied in state law or the LEA’s student code

of conduct are called DAEPs. Studentswith disabilities who are in DAEPs are still entitled to special

education services, a full school day of instruction, and access to courses needed for graduation�

In most cases, placement in a DAEP cannot exceed one year unless the LEA determines that:

• the student is a threat to the safety of other students or LEA employees; or

• extended placement is in the best interest of the student�

In-School

Suspension

(ISS)

Out-of-School

Suspension

(OSS)

Expulsion

Removal by

Hearing

Ocer

Removal to

interim alternative

educational setting

(IAES)

Page | 42

Behavior Supports and Guidance for Students with Disabilities

Juvenile Justice Alternative Education Program (JJAEP): The most restrictive placement a student

may be placed in beyond a DAEP is a JJAEP� Disciplinary programs operated by the juvenile justice system

for students who have committed a range of oenses specied in state law or the LEA’s student code of

conduct are called JJAEPs� Students with disabilities who are in JJAEPs are still entitled to special education

services, a full school day of instruction, and access to courses needed for graduation�

NOTE: When students are transitioning back to the LEA from a DAEP or JJAEP, there are specic

REQUIREMENTS for notication and coordination that help support the student’s return to

campus�

Reminders about FAPE Once a Student Accumulates More than 10 Discipline Removals

During the School Year

• Visit TEA’s Discipline and School Removals webpage for a summary of federal

and state rules and regulations�

• The student must be able to continue participating in the general education

curriculum although in a dierent setting.

• The student must continue to make progress toward meeting the goals set

out in the IEP�

• The student does not have to receive the same services in the same setting as

before the disciplinary action�

• The ARD committee should adjust the student’s IEP to reect what will be provided in the

discipline setting� It is also recommended, but not required, for the ARD committee to draft an

expected schedule for when the student returns to his or her campus so that all parties are aware

of and understand the changes occurring�

• Even if the student is properly expelled for misbehavior that is not a manifestation of his or her

disability, the obligation to provide FAPE continues�

NOTE: Charter schools may expel a student with disabilities as a disciplinary consequence�

Charters do not typically have an IAES; therefore, the student must be provided educational

services (as determined by the ARD committee and documented in an IEP or IEP amendment)

to participate in the general education curriculum in another setting (typically the home) and

progress toward meeting IEP goals� Charters may also petition/contract with the local DAEP or

JJAEP to use their facilities in providing services to expelled students with disabilities�

Considerations when Determining what Constitutes a Disciplinary Removal

A disciplinary removal generally occurs when a student violates the student code of conduct and is

removed from their current placement and put in an appropriate interim alternative education setting,

another setting, or is suspended� OSEP guidance indicates that in some situations the determination as to

what counts as a day of removal towards a pattern of removals depends on the unique circumstances of

each case�

OSEP guidance (see page 46715) states that portions of a school day “may be considered as a removal in

regard to determining whether there is a pattern of removals�” In other words, exclusion from portions

of the school day may count as a removal (e�g�, ½ day, 2 periods, 30 minutes)� For example, disciplinary

removals where the student is waiting in the oce to see an administrator, sent into the hallway or

another room to work, sent home early, or taken out of a school event such as a pep rally or assembly

should all be tracked and considered in making determinations� For more information about these types

of “informal” removals please see question C-3 and C-6 in Questions and Answers: Addressing The Needs

of Children With Disabilities and IDEAs Discipline Provisions (OSERS, 2022)�

Page | 43

Behavior Supports and Guidance for Students with Disabilities

Suspensions from the bus are considered a removal if bus transportation is a related service

documented in the student’s IEP and the school does not provide alternative transportation� Alternate

transportation may be paying a parent’s/guardian’s mileage, using the school van, contracting with a ride

company, or other alternate vehicles� Regardless of if the bus suspension counts as a day of removal,

schools should consider whether the behavior of concern on the bus is similar to classroom behaviors

and may need to be addressed as part of a BIP� Please also review question C-8 in OSERS question and

answer document�

ISS would generally be counted as a day of removal when determining whether a removal constitutes a

change of placement, unless the student:

1� is aorded the opportunity to appropriately participate in the general curriculum;

2� continues to receive the services specied in their IEP; and

3� continues to participate with nondisabled students to the extent they would have in their current

placement�

However, LEAs must keep in mind that repeated use of ISS, even when it meets the three factors above,

likely indicates a need to revisit the students IEP to consider whether additional positive behavioral

interventions and supports or other strategies are needed to better address the behavior� Please also

review question C-7 in OSERS question and answer document�

Overview of IDEA’s Discipline Procedures

IDEA outlines various procedures for discipline� The following aspects must be considered when

disciplinary action occurs with a student with a disability�

Authority of School Personnel

Let’s say a student with a disability has violated a code of student conduct� What is the

AUTHORITY OF SCHOOL PERSONNEL to discipline this student?

First-Time Violation. School personnel, depending upon the severity of the violation,

may remove a student to an appropriate DAEP or another setting or suspend the

student for not more than 10 school days in a row, to the extent that those alternatives

are applied to students without disabilities�

Schools do not have to provide students with disabilities special education services

during a removal of up to 10 school days cumulatively in one school year, as long

as they also do not provide educational services to students

without disabilities who are similarly removed�

Additional Violations. Additional removals from the current educational

placement may occur so long as they do not constitute a CHANGE OF

PLACEMENT� Multiple short-term removals totaling more than 10 school days in

a school year may or may not constitute a pattern of removal (see below for ve

factors to consider when determining if multiple short-term removals constitute

a pattern)� Once the student has been removed for a series of removals that

constitute a pattern, he or she may not be removed again without an MDR�

Beginning with the 11th cumulative day in a school year in which a student is

removed, the school system must provide SERVICES to the student to the extent

required� The student must continue to receive educational services so that the

student can continue to participate in the general education curriculum and

progress toward meeting the goals in his or her IEP�

Page | 44

Behavior Supports and Guidance for Students with Disabilities

Case-by-Case Determinations

Under a provision in IDEA, school personnel may consider whether a change in placement otherwise

permitted under the disciplinary procedures is appropriate and should occur� This allows the campus

administrator the authority to review any extenuating circumstances and the option to choose an

alternate consequence instead of suspension or expulsion that may result in a change of placement�

According to the Department of Education:

Factors such as a student's disciplinary history, ability to understand consequences, expression

of remorse, and supports provided to a student with a disability before the violation of a school

code [of student conduct] could all be unique circumstances considered by school personnel

when determining whether a disciplinary change in placement is appropriate for a student with

a disability…[W]e do not believe it is appropriate to dene a role for the IEP committee [ARD

Committee] in this paragraph� However, there is nothing in the Act or these regulations that

would preclude school personnel from involving parents or guardians or the ARD Committee

when making this determination� (71 Fed� Reg� 46714)

Change of Placement

Removal of a student from their current educational placement for more than 10

consecutive days is a change of placement� This is often referred to as long-term

removal� For example, a 30-day assignment to the DAEP or expulsion is considered a

change of placement�

Multiple short-term removals that total more than 10 cumulative school days in a school

year are also considered a change of placement, if the removals constitute a PATTERN

OF REMOVALS. Consider the following ve factors in determining if multiple short-term

removals constitute a pattern:

1� The student has been subjected to a series of removals that totals more than 10

school days in a school year,

2� The behavior is substantially similar to the previous incident(s) that resulted in removal,

3� The length of each removal,

4� The total amount of time the student has been removed, and

5� The proximity of the removals to each other�

The Department of Education acknowledged in response to public comment:

…what constitutes “substantially similar behavior” is a subjective determination. However, we

believe that when the student’s behaviors, taken cumulatively, are objectively reviewed in the

context of all the criteria in paragraph (a)(2) …for determining whether the series of behaviors

constitute a change in placement, the public agency will be able to make a reasonable

determination as to whether a change in placement has occurred� Of course, if the parent or

guardian disagrees with the public agency’s determination, the parent or guardian may request

a due process hearing according to 34

CFR §300�532�

Page | 45

Behavior Supports and Guidance for Students with Disabilities

The following graphic dierentiates the steps for when a student is removed for more than 10 cumulative

school days (multiple short-term removals) versus more than 10 consecutive school days (long-term

removal)�

What to Do When the Removal Constitutes a Change in Placement

1� PROVIDE SERVICES: The student must be provided educational services (as determined by the ARD

committee and documented in an IEP or IEP amendment) to participate in the general education

curriculum, although in another setting, and progress toward meeting IEP goals�

2� PROVIDE NOTICE and PROCEDURAL SAFEGUARDS:

Communicating with parents or guardians is a crucial aspect of

implementing IDEA's discipline procedures� On the date when

the decision is made to remove a student, constituting a change

of placement, due to a violation of a code of student conduct,

the LEA must notify the parent or guardian of that decision and

provide the parent or guardian the procedural safeguards notice�

Student is removed for discipline

for more than 10 cumulative

school days�

Student is removed for discipline

for more than 10 consecutive

school days�

School must determine whether

the removal constitutes a change of

placement on a case-by-case basis�

Does NOT constitute a change of placement?

Determine the extent to which services are needed

for the student to participate in the general education

curriculum and make progress on his or her IEP goals,

although in another setting�

Constitutes a change of placement?

1� Provide Services

2� Provide Notice and Procedural Safeguards

3. Conduct a Manifestation Determination Review

A change of placement occurs when a

student has been removed for more

than 10 consecutive days�

After the 10th

consecutive day

of removal the

school must��

Page | 46

Behavior Supports and Guidance for Students with Disabilities

3� CONDUCT A MANIFESTATION DETERMINATION REVIEW (MDR): The LEA must conduct an MDR

within 10 school days of the decision to change a student’s placement� The parent or guardian,

LEA, and relevant members of the student's ARD committee (as determined by the parent or

guardian and the LEA) meet and review all relevant information to determine if the conduct in

question was caused by or had a direct and substantial relationship to, the student's disability, or

if the conduct in question was the direct result of the LEA’s failure to implement the IEP�

For additional guidance on change in placement please see section C in Questions and Answers:

Addressing The Needs Of Children With Disabilities and IDEA’s Discipline Provisions (OSERS, 2022)�

Manifestation Determination Review (MDR)

When a student with a disability faces a change in placement as a result of a removal, the LEA must

conduct an MDR with members of the ARD committee, including the parent or guardian� An MDR isa

process in which the ARD committee reviews all corresponding data and the relationship between a

student's disability and the behavior subject to the disciplinary action� The team must look at a range of

information, including:

• The student’s evaluation, IEP, BIP and placement

• All relevant information in the student’s le

• Observations of the student by teachers and others

• Any further relevant information supplied by the parent or guardian

The ARD committee members will then use this information to answer two questions:

Was the behavior caused

by or directly related to

the disability?

Was the behavior due to

the LEA’s failure to

implement the IEP?

Page | 47

Behavior Supports and Guidance for Students with Disabilities

The following graphic details the MDR steps and the four scenarios that may occur

during the process.

For additional guidance on manifestation determination reviews please see section F in Questions and

Answers: Addressing The Needs Of Children With Disabilities and IDEA’s Discipline Provisions (OSERS,

2022)�

If the answer to either question is “yes”:

• The ARD committee conducts an FBA and

implements a BIP or reviews and revises the

existing BIP as necessary�

• The student must return to the placement

identied in the IEP unless there are special

circumstances (i�e�; weapons, drugs, serious

bodily injury) or the parent/ guardian and the

LEA agree to a change of placement as part of a

modication to the BIP.

• If “yes” is due to the LEA not implementing the

student’s IEP, the LEA must take immediate

steps to remedy the failure (e�g�, compensatory

services, revision of the IEP, training sta).

If the answer to both questions is “no:”

• The relevant disciplinary procedures applicable

to students without disabilities may be applied�

• The ARD committee must determine that FAPE

can be provided in the discipline setting�

• Provide, as appropriate, an FBA, a BIP, and

modications designed to address the behavior

so that it won’t recur�

• The LEA must seek parental consent to conduct

an FBA if the student has never had one or

if the FBA is more than one year old (State

requirement)�

Was the behavior caused by, or did it

have a direct and substantial

relationship to the student’s disability?

#1

Was the behavior a direct result of the

school’s failure to implement the

student’s IEP?

#2

YES

NO

SCENARIO 1

SCENARIO 2

NO

YES

SCENARIO 3

YES

NO

SCENARIO 4

YES

NO

Page | 48

Behavior Supports and Guidance for Students with Disabilities

Disciplinary Removals Due to Special Circumstances

Special circumstances apply when the behavior in question involves weapons, drugs, or serious bodily

injury. In this case, school personnel may remove the student to an IAES/DAEP to provide FAPE for up to

45 days without regard to whether the behavior is a manifestation of the student’s disability�

Drugs:

The special circumstance related to drugs is when the student knowingly possesses or uses illegal drugs

or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school

function. IDEA denes an “ILLEGAL DRUG” as a controlled substance but does not include a controlled

substance that is “legally possessed or used under the supervision of a licensed healthcare professional�”

A “CONTROLLED SUBSTANCE means a drug or other substance identied under schedules I, II, III, IV, or V

in section 202(c) of the CONTROLLED SUBSTANCE ACT. 

Weapon(s):

The special circumstance for weapons involves carrying or possessing a weapon at school, on school

premises, or at a school function. The IDEA adopts the denition of “WEAPON” provided in the

U�S�

CRIMINAL CODE. Thisprovision denes the term “dangerous weapon” as “a weapon, device, instrument,

material, orsubstance, animateor inanimate, that is used for, or is readily capable of, causing death or

serious bodily injury, except thatsuch term does not include a pocketknife with a blade of fewer than 2

1/2 inches in length�”

Serious Bodily Injury:

The special circumstance for serious bodily injury occurs when the student has inicted serious bodily

injury upon another person while at school, on school premises, or at a school function� The term

“serious bodily injury” means bodily injury which involves: (A) a substantial risk of death; (B) extreme

physical pain; (C) protracted and obvious disgurement; or (D) protracted loss or impairment of the

function of a bodily member, organ, or mental faculty�

When placing a student in an IAES due to special circumstances, follow the same procedures for when

a student is removed for more than 10 consecutive school days, including providing services, providing

timely notice and procedural safeguards to the parents or guardians, and conducting an MDR�

For additional guidance on special circumstances please see section E in Questions and Answers:

Addressing The Needs Of Children With Disabilities and IDEA’s Discipline Provisions (OSERS, 2022)�

Appeal a Disciplinary Decision

In the general disciplinary context, there are two distinct types of appeals�

One is a local appeal at the administrative level and the other is an IDEA

due process hearing� The local appeal is one in which a parent or guardian

disagrees with the violation of the code of conduct or the consequences�

This type of appeal would follow the LEA’s policies and procedures, and

the campus administrator would provide the parent or guardian with the

procedural requirements for the appeal� If not resolved through the steps

of the local appeal, the determination ends up before the school board�

Under the IDEA when a parent of a student with a disability disagrees

with a disciplinary placement decision or the results of the manifestation

determination, the parent may appeal the decision by requesting a due

process hearing� Likewise, the LEA may request a due process hearing

to appeal a disciplinary placement decision if the LEA believes that maintaining the student's current

placement is substantially likely to result in injury to the student or to others�

Page | 49

Behavior Supports and Guidance for Students with Disabilities

Resolving a Dispute Outside of the Due Process Hearing

As referenced in TEA’s Special Education Dispute Resolution Systems Handbook, IDEA strongly favors

resolving disputes through alternate, less adversarial, and more cost-eective means than through a due

process hearing� The parent or guardian and the LEA have available either the resolution process or the

mediation process as vehicles for resolving their dierences outside of a due process hearing.

Resolution Process

The resolution process gives the parties a chance to try to resolve their dierences before going to a

hearing� When a due process hearing involves a disciplinary change of placement, it is expedited and

shortened timelines apply to the resolution meeting and the resolution process� The resolution meeting

must occur within 7 days of receipt of the due process complaint unless the parent and school district

agree in writing to waive it or agree to go to mediation� The due process hearing may proceed unless the

matter is resolved by the parties within 15 days of receipt of the due process complaint� A non-expedited

hearing has a longer resolution timeline�

Mediation Process

TEA oers mediation to parents and school districts who have a disagreement involving any matter

arising under IDEA-Part B� Mediation is voluntary, meaning that both parties must agree to participate in

mediation� TEA provides information about mediation each time it receives a special education complaint

or a due process hearing request, but parents and LEAs may request mediation at any time� For more

information about mediation, see theOce of Legal Services, Special Education Mediation Program�

Due Process Hearings

A special education due process hearing is one of the

dispute resolution processes available to parents or

guardians and LEAs� A due process hearing may be

requested by the parent or guardian or the LEA by

ling a due process complaint when one does not

agree about the identication, evaluation, educational

placement, or services of a student with a disability, or

regarding the provision of a FAPE to a student with a

disability. When a party les a due process complaint,

the IDEA regulations allow the parent or guardian

and the school to resolve the dispute at a resolution

meeting� If the parties do not resolve the dispute, they

may go to a hearing, which is a legal process where the

parent or guardian and the school present their case to

a hearing ocer who will issue a decision. When there is a disagreement with certain decisions involving

discipline, the hearing and decision will be expedited (see expedited hearing below)�

Procedures for Filing a Due Process Complaint

A hearing is requested by FILING A DUE PROCESS COMPLAINT�

• To le a due process complaint, a party must send a written due process complaint to TEA. TEA

has developed a model due process complaint form that is available on TEA’s website� A party

is not required to use the model form, but TEA encourages its use to ensure that all required

information is included in the request� The form is also available on request from TEA, through all

regional education service centers, and through all LEAs�

• The public agency must inform the parent or guardian of any free or low-cost legal or other

relevant services in the area�

• The due process complaint must remain condential.

Page | 50

Behavior Supports and Guidance for Students with Disabilities

• The party who les a due process complaint must forward a copy to the other party at the same

time the party sends it to TEA�

• The due process complaint must include specic information: name of the student; address

of the student's residence; the name of the student's school; description of the nature of the

problem, including any related facts; and a proposed resolution of the issue (to the extent known

and available to the ling party at the time). If the student is homeless (per the McKinney-Vento

Homeless Assistance Act), the complaint must include available contact information for the

student and the student’s school�

• The due process complaint must be e-mailed, mailed, hand-delivered, or faxed to:

Texas Education Agency Oce of General Counsel

1701 North Congress Avenue

Austin, TX 78701-1494

Fax: (512) 463-6027

SE-Legal@tea�texas�gov

Expedited hearings can only be requested on three grounds:

1� A parent or guardian can request an expedited hearing if

they disagree with the LEA’s conclusions in the MDR (i�e�,

whether the conduct in question results from the student’s

disabling condition or the LEA’s failure to implement the

student’s IEP)�

2� The parent or guardian can request an expedited hearing if

they disagree with the LEA’s decision to move the student

to an IAES due to conduct involving a drug or weapon

or where the conduct resulted in serious bodily injury to

another student or a member of the school sta.

3� The LEA can request an expedited hearing if it believes

that the student’s conduct was dangerous and that their

continued presence in the current setting is substantially

likely to injure other students, school sta, or the student.

The dierences between an expedited hearing and a standard due process hearing are

as follows:

• Unlike the standard hearing which allows the parties up to 30 days to work out their dierences in

the Special Education Dispute Resolution Process, the parties are given only 15 days to complete

the resolution period in an expedited hearing� The parties must have a resolution meeting within

7 calendar days of receipt of the request for a hearing unless the parties waive the resolution

meeting in writing or agree to go to mediation�

• Parties may use the Oce of General Counsel, Special Education Mediation Program, instead of

the Resolution Process, to discuss a potential settlement� Still, the mediation cannot delay the

hearing timelines�

• In an expedited hearing, the hearing must begin within 20 school days of the date that the due

process hearing request is led.

• In an expedited hearing, the hearing ocer is given 10 school days from the end of the hearing to

render the decision. The hearing ocer cannot grant any extensions of these hearing and decision

timelines�

Expedited

hearings

1

2

3

Page | 51

Behavior Supports and Guidance for Students with Disabilities

• When an expedited hearing has been requested, the student must stay in the disciplinary

placement designated by the LEA while awaiting the decision of the hearing ocer or until the end

of the time period in which the student was required to be in that placement�

Authority of the Hearing Ocer

If the due process hearing proceeds, the hearing ocer must issue a decision within the timeframe set

out above and may:

1� Return the student with a disability to the placement from which the student was

removed if the hearing ocer determines that the removal was a violation of

federal law or that the student's behavior was a manifestation of the student's

disability; or

2� Order a change of placement of the student with a disability to an appropriate

IAES for not more than 45 school days if the hearing ocer determines that

maintaining the student's current placement is substantially likely to result in

injury to the student or others�

Due process hearing PROCEDURES may be repeated if the LEA believes that returning the student to

the original placement is substantially likely to result in injury to the student or others (e�g�, if at the end

of the IAES placement the LEA does not believe the student can safely return to the original placement,

another expedited hearing can be requested)�

The hearing ocer’s decisions are appealable in federal or state court.

Protections for Students Not Yet Determined Eligible for Special Education

A student who has not been determined to be eligible for special education and related services who has

violated a code of student conduct may assert IDEA discipline protections if the LEA knew or should have

known that the student is a student with a disability before the behavior resulting in disciplinary action

occurred� The LEA must be deemed to have knowledge if any of the following occurred before the

behavior that resulted in disciplinary action:

• The parent or guardian expressed concern in writing to supervisory or

administrative personnel or the student's teacher that the student needs

special education and related services�

• The parent or guardian of the student requested an EVALUATION�

• The student's teacher or other LEA personnel expressed specic concerns

about a pattern of behavior demonstrated by the student directly to the

director of special education or other supervisory personnel of the LEA�

• The LEA initiated an evaluation under IDEA, but the evaluation is not yet

complete�

NOTE: The LEA is not considered to have knowledge if:

• The parent or guardian did not allow a special education evaluation of the student�

• The parent or guardian refused special education and related services�

• The student was found to not be a student with a disability after an evaluation�

Page | 52

Behavior Supports and Guidance for Students with Disabilities

If the LEA is has KNOWLEDGE that a student is a student with a disability, then the IDEA disciplinary

protections, including the manifestation review provisions apply� In recent guidance OSERS noted that

where the LEA cannot conduct or nish the evaluation before the timeline for conducting a manifestation

determination review, it would still need to convene a group of knowledgeable persons, as determined

by the parent and the LEA, to conduct the manifestation determination review even though the LEA has

yet to make its eligibility determination� In these cases, the group would review relevant information

(e�g�, parent and teacher input and observations, discipline records) to consider the relationship of the

student’s behavior to the suspected disability� A determination about the LEA’s failure to implement the

IEP would not be possible in the case where the student does not have an IEP� Please refer to questions

I-7 and I-8 for additional information�

If the LEA DOES NOT HAVE KNOWLEDGE that the student is a student with a disability, general education

disciplinary procedures are followed�

Request for an Evaluation

When a request is made for an evaluation during the time in which the student is subjected to

disciplinary measures, the LEA MUST:

• Conduct an expedited evaluation: Complete a thorough evaluation in an expedited manner�

While neither federal nor state law denes the timeline for an expedited evaluation, guidance

from the United States Department of Education explains that an expedited evaluation “should

be conducted in a shorter period of time than a typical evaluation conducted [under IDEA]�” While

the evaluation is ongoing, school personnel may apply the same disciplinary procedures to non-

disabled students�

• Keep the student in the educational placement determined by school authorities: Until

the evaluation is completed, the student remains in the educational placement determined by the

school authorities, including suspension or expulsion without educational services�

• Take action based on evaluation results: If the student is determined to be a student with

a disability and eligible for special education, taking into consideration information from the

evaluation conducted by the LEA and information provided by the parent or guardian, the LEA

must provide special education and related services including the IDEA discipline protections�

Important Discipline Reminders

Disciplinary Removals

• A disciplinary removal generally occurs when a student violates the student code of conduct and

is removed from their current placement and put in an appropriate interim alternative education

setting, another setting, or is suspended� Portions of the school day may be considered a removal

(e�g�, ½ day, sending students home early, asking parents to pick up their child, or waiting in the

oce).

• Suspensions from the bus are considered a removal if bus transportation is part of the student’s

IEP�

• In-school suspension is counted as a day of removal when determining whether a removal

constitutes a change of placement, unless:

• The student is allowed to continue to participate in the general curriculum appropriately,

• The student continues to receive the services in their IEP, and

Page | 53

Behavior Supports and Guidance for Students with Disabilities

• The student continues to participate with non-disabled students to the extent they would have

in their current placement�

• An eligible student under the IDEA who violates the student code of conduct may be removed

from their current placement for up to 10 school days without implementing any IDEA procedures

if the same discipline would be applied to students without disabilities�

• Removals of 10 consecutive school days or less are often referred to as “short-term removal�”

• A student can have multiple short-term removals in a school year if the cumulative days do not

constitute a “change of placement�”

Final Thoughts

As we conclude this guide, here are a few important takeaways:

• Behavior is communication�

• Intervening with challenging behavior is a team eort.

• Include multiple sources of data, from families, teachers, and other campus sta in a variety of

settings, when deciding how to intervene with students who display challenging behavior� Monitor

progress and adjust as necessary�

• Strong school systems that focus on preventative strategies and early interventions based on

data are key to reducing challenging behaviors and teaching appropriate replacement skills� The

goal should always be building strong relationships and teaching students the skills necessary for

success in school and beyond�

The single most important thing a teacher can do to improve the overall behavior of students in

their classroom is to increase the number of positive interactions they have with each student�

-Randy Sprick, Safe and Civil Schools

Working with students who display challenging behavior can be a complex issue for families and

schools� The intent of this guide is to provide you with information, guidance, and helpful resources that

simplify and clarify what to do prior to, during, and after a behavior event� Again, thank you for all you

do, and we hope this guide helps you in your journey of serving our students with disabilities and their

families�

Page | 54

RESOURCES

Behavior Supports and Guidance for Students with Disabilities

Categorized Resource List

Behavioral Strategies

Center on Positive Behavioral Interventions and Supports (PBIS) Resources

Data Sheets and Templates

Dispute Resolution Resources

Federal and State Rules, Regulations, and Guidance

IRIS Center Resources

Texas State Leadership for Autism Training (TSLAT) Resources

Tiered Interventions Using Evidence-Based Research (TIER) Resources

Other Resources

Behavioral Strategies

Antecedent-Behavior-Consequence (A-B-C) Analysis Activity (IRIS Center)

Behavior Contracts

Behavior as Communication

Check and Connect Intervention

Check-in/Check-out Intervention

Defuse the Behavior Pattern (de-escalation strategies)

Intervention Central: Behavioral Interventions

Intervention Central: Ideas for Classroom Rewards

Intervention Central: Mystery Motivator Intervention

Intervention Central: Reward Finder

Intervention Central: Self-Management

Intervention Central: Teacher Praise

Shaping

Center on Positive Behavioral Interventions and Supports (PBIS) Resources

Aligning and Integrating Mental Health and PBIS to Build Priority for Wellness

Center on Positive Behavioral Interventions and Supports (PBIS)

Center on PBIS App for Tracking Positive Reinforcement

Fact Sheet - Interconnected Systems Framework 101: An Introduction

Fact Sheet - ISF 201: When school Mental Health is Integrated within MTSS: What’s Dierent

Fact Sheet - ISF 301: Installing an Integrated Approach

How to Get PBIS in Your School

Interconnected Systems Framework (ISF) Introduction Video

Instructional Alternatives to Exclusionary Discipline

PBIS Implementation Blueprint

PBIS Tiered Fidelity Inventory (TFI)

Page | 55

RESOURCES

Behavior Supports and Guidance for Students with Disabilities

Data Sheets and Templates

Duration Data

Frequency Data

Implementation Fidelity Checklist (Example)

Latency Data

Scatter Plot: What is a scatter plot and how do you use it?

Written Summary of Restraint Use Sample Form (TEA Webpage)

Dispute Resolution Resources

CADRE: The Center for Appropriate Dispute Resolution in Special Education

Special Education Dispute Resolution Process (TEA Webpage)

TEA Special Education Dispute Resolution Systems Handbook (April 2021)

Federal and State Rules, Regulations, and Guidance

18 USC §930: Possession of rearms and dangerous weapons in Federal facilities

19 TAC Chapter 89: Adaptations for Special Populations (TEA Webpage)

21 USC § 812: Schedules of controlled substances

Family Educational Rights and Privacy Act (FERPA)

Guidance on Procedural Safeguards Production and Required Dissemination (TEA Webpage)

House Bill 785 (FBAs and BIPs)

House Bill 785 Frequently Asked Questions (TEA Guidance)

Individuals with Disabilities Education Act (IDEA)

The Legal Framework for the Child-Centered Special Education Process

Oce of Special Education and Rehabilitative Services (OSERS) Dear Colleague PBIS

Correspondence

OSEP: Guidance on Portion of School Day Removal (found at 71 Fed Reg 46,715)

OSERS: Positive, Proactive Approaches to Supporting Children with Disabilities: A Guide for

Stakeholders

OSERS: Questions and Answers: Addressing the Needs Of Children with Disabilities and IDEA’s

Discipline Provisions (2022)

OSERS Questions and Answers on Discipline Procedures (2009)

Senate Bill 712: Aversive Techniques (TEA Guidance)

Texas Education Code (TEC) Chapter 29, Subchapter A: Special Education Program

Texas Education Code (TEC) Chapter 37, Subchapter A: Alternative Settings for Behavior

Management

IRIS Center Resources

IRIS Center

Functional Behavioral Assessment: Identifying the Reasons for Problem Behavior and Developing

a Behavior Plan

Overview of the Acting-Out Cycle

Page | 56

RESOURCES

Behavior Supports and Guidance for Students with Disabilities

Texas State Leadership for Autism Training (TSLAT) Resources

Autism Supplement Guidance (Document)

Behavior is Communication (Online Course)

Dierential Reinforcement (Online Course)

FBA and BIP Issues and Strategies (Online Course)

Functional Behavior Assessment (Online Course)

How to Fade Reinforcers (Video)

How to Use Reinforcement (Video)

Planned Ignoring (Video)

Preference Assessment (Video)

Priming (Document)

Visual Break Card

What is the Three-term Contingency? (Video)

What is a Replacement Behavior? (Video)

Why is Fidelity Important (Video)

Tiered Interventions Using Evidence-Based Research (TIER) Resources

Certied TIER Trainers

MTSS Overview

TIER

Other Resources

10 Key Policies and Practices for Schoolwide and Classroom-Based Behavioral Supports

Center for Parent Information & Resources

Discipline and School Removals (TEA Webpage)

Functional Behavioral Assessment-based Interventions (Evidence Base)

Gun-Free School Act (TEA Correspondence)

High Quality Instructional Materials (TEA Webpage)

The Institute for Restorative Justice and Restorative Dialogue

Introduction to Wraparound

Juvenile Justice Alternative Education Program (JJAEP)

More than a Metaphor: The Contribution of Exclusionary Discipline to a School-to-Prison Pipeline

PEIMS – Overview (TEA Webpage)

Positive Behavior Interventions and Supports (TEA Webpage)

Preventing Dropout in Secondary Schools

Reducing Behavior Problems in the Elementary School Classroom

Restorative Discipline Practices in Texas (TEA Webpage)

Section 504 (TEA Webpage)

Page | 57

RESOURCES

Behavior Supports and Guidance for Students with Disabilities

Sent Home and Put O Track: The Antecedents, Disproportionalities, and Consequences of Being

Suspended in the Ninth Grade (2014 Journal of Applied Research on Children)

Texas Behavior Support Initiative (TBSI)

Texas School Mental Health Toolkit (TEA Resource)

Texas School Safety Center

Top 10 Study Skills

Universal Design for Learning (UDL) Courses (TEA’s Inclusion Network)

Universal Design for Learning Course (TEA’s Texas Complex Access Network)

Behavior Supports and Guidance for Students with Disabilities

Page | 58

APPENDIX

Appendix

The following appendices include resources from the TBSI course� This is a state-level training that meets

the requirements mandated by Texas Education Code and Texas Administrative Code� TBSI provides

foundational knowledge for the use of PBIS for all students, including students with disabilities� While

the TBSI training meets legislative requirements related to procedures for the use of restraint and time-

out, it also provides a framework for sharing a wide range of foundational-level behavior strategies and

prevention-based school-wide, classroom, and individual interventions�

These are only a few of the resources found in the TBSI training and are intended to support the content

in this guide. TEA encourages readers to take the TBSI course for more specic information, regulatory

requirements, and additional resources�

Appendix A ABC Questions

Appendix B Steps in Designing Individual Interventions

Appendix C Forms of Time-Out

Appendix D Frequency Monitoring

Appendix E Documentation of Time-Outs

Appendix F Documentation of Time-Outs - Sample

Behavior Supports and Guidance for Students with Disabilities

Page | 59

APPENDIX

Appendix A

ABC Questions

Antecedents

Changing the before

• Can we eliminate or change the situations that typically set o the problem behavior?

• Can the tasks be altered to make them less dicult?

• Can easy or pleasant tasks be alternated with dicult or unpleasant tasks?

• Can someone remind the student about expected behavior before the problem behavior occurs?

• Can adults change their behavior to avoid setting o the problem behavior?

• Is this an academic skill decit? If yes, how will you teach the desired skill or behavior?

• Is this a behavioral skill decit? If yes, how will you teach the desired skill or behavior?

Behavior

Replacement

• Does the student know how to perform the desired behavior?

• Can someone teach the student the desired behavior?

• What is the desired behavior?

• Can the student be taught an alternative behavior?

• What behaviors could serve the same function but be more acceptable to the setting or group?

• How can the student practice the desired behavior?

• Can the students learn a self-management system?

• Could other students or sta members be used as resources to teach the desired behavior?

Consequences

Changing the after

• What can be done to respond dierently when the problem behavior occurs?

• How can the student be rewarded for performing the desired behavior?

• How can the attention given be (temporarily) increased when the desired behavior is performed?

• What can be done to reward the student for using the replacement or alternative behavior?

• How can rewards for the inappropriate behavior be stopped?

• What, if any, crisis plan is needed for potentially dangerous behavior?

Adapted

from:

Deanne

Crone,

Ph.D.,

University

of

Oregon

Behavior Supports and Guidance for Students with Disabilities

Page | 60

APPENDIX

Appendix B

Steps in Designing Individual Interventions

Dening and Analyzing the Behavior

Step 1—Operationally dene the behavior

• What does the behavior look like?

• How can it be measured?

Step 2—Collect data about the behavior

Document the A-B-C chain:

• What consistently occurs before the behavior?

• What consistently occurs after the behavior?

• Who is present when the behavior occurs?

• When does the behavior occur?

• Where does the behavior occur?

• How often does the behavior occur?

Step 3—Determine the function of the behavior

• Does the behavior allow the student to obtain something?

• Does the behavior allow the student to escape/avoid something?

Designing the Individual Intervention

Step 4—Design the intervention

• Target replacement behaviors�

• Involve the student�

• Identify reinforcers�

• Consider multiple-level interventions:

○ If a skill decit exists, select strategies that teach the desired behavior or modify the

expectations�

○ If a skill decit does not exist, assess the need for changes in both antecedent and

consequence strategies�

○ Review handout: A-B-C Questions to determine which type of interventions would be most

appropriate to select rst.

Behavior Supports and Guidance for Students with Disabilities

Page | 61

APPENDIX

• Review handouts:

○ Antecedent Strategies

○ Behavior Strategies

○ Consequence Strategies

Implementing and Evaluating the Intervention

Step 5—Implement intervention and collect data

Step 6—Evaluate eectiveness of intervention

Step 7—Modify intervention (as necessary)

Behavior Supports and Guidance for Students with Disabilities

Page | 62

APPENDIX

Appendix C

Forms of Time-Out

Time-Out

Procedure

Description Benets Problems

Planned

Ignoring

All attention or other

reinforcers are withheld from

the student for a set time�

• Easy to use

• Portable

• Allows student

to remain in an

instructional

environment

• Dicult to control all

sources of attention (e�g�,

attention from other

students)

• Student’s behavior may

escalate in response to

planned ignoring (e�g�, may

try harder to get attention)

Removal of

Materials,

Work, or Toys

Removal of what the student

is using when the behavior

occurs� During the time

of removal, the student is

given no attention or other

reinforcers�

• Easy to use

• Allows student

to remain in an

instructional

environment

• Not appropriate if student

disrupts the class while

materials are removed

Time-Out

Card

The student is given a card

that is green on one side

and red on the other� Green

faces up when a student

is behaving appropriately�

Students can earn points/

tokens while green is

showing� Contingent upon

inappropriate behavior, the

card is turned over� Red =

signal that the student

is in time-out and cannot earn

points/ tokens�

• Easy to use

• Allows student

to remain in an

instructional

environment

• Appropriate for older

students

• Provides a visual cue

to the teacher to

provide or withhold

reinforcement

• Student destroys card

while in “red-side time-out�”

(Corrective action: When

time-out ends, tell the

student to turn the card

over� If a student does not

have a card, tell the student

card must be xed to

continue earning points�)

Head Down

Time-Out

The student is told to put

their head on the desk for a

period of time

• Easy to use

• Allows student

to remain in an

instructional

environment

• More appropriate for

younger students

• Procedure should not be

used if a student refuses

to comply� (Under no

circumstances should

physical force be used to

get students to comply�)

Time-Out

Area in

Classroom

The student is required to sit

in a specially designated area

of the classroom (e�g�, chair,

rug) away from the group�

• Easy to use

• Allows student

to remain in an

instructional

environment

• Rug time-out is

portable

• Student refuses to stay in

the designated area

• Student is disruptive while

in time-out

Behavior Supports and Guidance for Students with Disabilities

Page | 63

APPENDIX

Appendix D

Frequency Monitoring

Document the eects of an intervention on a target behavior by tallying the frequency of the behavior within

each class/time period and date given� Then graph the total daily results using the chart template�

Name of Student:

Target Behavior:

Type of Activity or Time When Behavior Is Most Likely to Occur or Best Monitoring Period for Data

Collection:

Frequency Monitoring Data

Class or Time

Period

M

/

T

/

W

/

Th

/

F

/

M

/

T

/

W

/

Th

/

F

/

Daily Frequency Chart

15

14

13

12

11

10

9

8

7

6

5

4

3

2

1

Date / / / / / / / / /

Behavior Supports and Guidance for Students with Disabilities

Page | 64

APPENDIX

Appendix E

Documentation of Time-Outs

Name of Student:

Date

Descripon of

the Behavior That

Prompted the Time-Out

Form of

Time-Out

Class/

Period/

Acvity

Who Admin.

Time

Begun

Time

Ended

Addional Notes

Behavior Supports and Guidance for Students with Disabilities

Page | 65

APPENDIX

Appendix F

Documentation of Time-Outs - Sample

Name of Student: Susie Sample

Date

Descripon of

the Behavior That

Prompted the Time-Out

Form of

Time-Out

Class/

Period/

Acvity

Who

Admin.

Time

Begun

Time

Ended

Addional Notes

5/1 Pushing a classmate

at a computer

station�

Head-

down

time-out

9:30 am

Math

Teacher 9:32 9:36 A student

commented that

another student

was bothering her�

Afterward, the

student returned to

the computer and

resumed work�

5/3 Hit classmate Head-

down

time-out

10:03 am

Lining up in

the hallway

on the way

to P�E�

Teacher 10:05 10:10 The student was

silent and sat

in a chair with

their head down�

Afterward, went to

P�E� behavior was

appropriate�

Behavior Supports and Guidance for Students with Disabilities

Page | 66

TECHNICAL ASSISTANCE RESOURCES

Child Find, Evaluation

and ARD Support

Texas Statewide

Leadership for Autism

Training (TSLAT)

Texas Sensory Support

Network (TxSSN)

Dyslexia and Related

Disorders

Tiered Interventions

using Evidence-Based

Research (TIER)

Small and Rural

Schools Network

Inclusion in

Texas

Texas Complex Access

Network (Texas CAN)

Student-Centered

Transitions Network

(SCTN)

Texas Special Education Statewide Leadership Networks:

Additional Special Education

Resources:

Special Education Resources for

Parents and Families:

Click on the title of each to visit the websites or scan the QR codes below.

The Legal

Framework

TEA Special

Education Page

SPEDTex

Partners

Resource

Network

facebook.com/

TexasEducationAgency

twitter.com/

TexasEducationAgency

#IAmTXEd

tea.texas.gov