In contrast with professional norms and best practices, the legal requirements for functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) are meager in scope and specificity (Collins & Zirkel, 2017). Section 504 of the Rehabilitation Act makes no mention of FBAs or BIPs, and the Individuals with Disabilities Education…

Disparate impact is the dubious approach to civil rights enforcement that claims that an entirely neutral policy that does not discriminate on its face, is not intended to discriminate, and does not actually treat individuals differently based on their race still constitutes illegal racial discrimination if it has a "disproportionate"…

In the last several years there have been multiple stories regarding the use of seclusion in schools in national news outlets (Blacker, 2012; Charis-Carlson, 2017; Hefling, 2012; Lichtenstein, 2012; National School Boards Association (NSBA), 2014; Nicosia, 2016; Richards, 2012; St. George, 2014; Tilotta, 2014). The Council for Children with…

The use of seclusion and restraints on students with disabilities has been a major legal issue in recent years. Congress has repeatedly considered bills to limit and prohibit such use in K-12 schools, but the movement against such aversive procedures appears to have shifted to the state legislative level, with several states adding or…

The use of aversives as a method for behavioral intervention in U.S. public schools has been a persistent concern and often subject to litigation, particularly among students with disabilities. The use of aversives (restraint, seclusion, and corporal punishment) have been supported in some cases due to their perceived necessity to keep children…

For more than 30 years, scholars and practitioners have debated how to distinguish emotional disturbance (ED) from social maladjustment (SM) when determining special education eligibility and need. Scholarship on the nature of ED and SM has paid little attention to the legal parameters of practice despite the fundamentally legalistic nature of…

Children adopted from foreign countries, especially those who were in an orphanage, may experience greater difficulties than culturally or linguistically diverse children who do not come from such a background. Delays in learning language and, consequently, slower cognitive and social development, can undermine the academic success of these…

Committed teachers and administrators often look for strategies and practices to better support students struggling to negotiate the academic, social, and behavioral demands of the classroom setting. Such practices may include modifications to how they deliver instruction or manage behavior for their entire class. Other strategies may include more…

A review of some basic concepts in special education law will help principals better understand the complex laws and regulations implicated in common situations. This article cites a case scenario that illustrates various potential issues under IDEA 2004 and Section 504 of the Rehabilitation Act. Chris is in the 10th grade, and his parents have…

This manual is designed for those working with conduct boards composed of students and/or faculty. This manual serves two purposes: (1) To provide the Adviser and/or trainer(s) with guidelines, philosophy, and information so as to better structure your conduct board program (or to create one); and (2) To serve as an actual model for a manual for a…

Generally recognized as the standard work in its field, "Behavioral, Social, and Emotional Assessment of Children and Adolescents" provides a comprehensive foundation and guide for conducting conceptually sound, culturally responsive, and ecologically oriented assessments of student social and emotional behavior. It is aimed at graduate…

Colleges and universities long ago made the necessary accommodations and structural changes necessary to allow students with physical impairments to attend and eventually complete their studies. Students with physical impairments enjoy a full range of accommodations. However, the issues of disability and accommodation continue to evolve as more…

With federal mandates to develop and implement programs for students with disabilities who have behavior problems that impede their educational performance, school personnel are faced with increasing responsibility for developing individualized interventions. Developing interventions that appropriately, effectively, and efficiently address the…

As college administrators, they take great pains to ensure that students admitted to their campuses have the intellect, motivation, and maturity to succeed. Similarly, they attempt to gather information about the character and integrity of the students they invite to enroll, to safeguard the reputation and well-being of their institutions. But…

This paper reviews provisions of the Individuals with Disabilities Education Act (IDEA) and findings from court cases regarding behavioral intervention plans (BIPs) for students with disabilities. The following eight recommendations are provided for school districts as they strive to implement the behavioral intervention provisions of IDEA and…