An Update of Judicial Rulings Specific to FBAs or BIPs Under the IDEA and Corollary State Laws

2017 ◽  
Vol 51 (1) ◽  
pp. 50-56 ◽  
Author(s):  
Perry A. Zirkel

Exemplifying the insufficient treatment of legal issues in refereed journals in special education and related fields, the limited legal coverage of functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) tends to view the applicable case law through normative lenses. This skewed view characterizes the case law as requiring FBAs and BIPs rather broadly in terms of entitlement and rather rigorously in terms of appropriateness. In stark contrast, this systematic analysis of 91 recent judicial rulings concerning FBAs and BIPs reveals that, aligned with the trajectory of previous court decisions, the outcomes favor the defendant districts on almost a 7:1 ratio and that the pronounced prodistrict trend applies to entitlement as well as appropriateness. Special education professionals need careful differentiation of legal requirements from professional norms to make informed choices about FBAs and BIPs that balance the individual interests and the competing priorities within limited resources of school districts.

2020 ◽  
Vol 56 (2) ◽  
pp. 119-122
Author(s):  
Doris Adams Hill ◽  
Theoni Mantzoros ◽  
Jonté C. Taylor

Special educators are often considered the experts in their school when it comes to developing functional behavior assessments (FBA) and behavior intervention plans (BIP), yet rarely are they trained much beyond basic antecedents, behaviors, and consequences (ABC). This column discusses concepts that will expand special education professionals’ knowledge to make better decisions regarding interventions for the students they serve. Specifically, the focus is on motivating operations (MO) and function-based interventions and the implications of these on behavior. Knowledge of the concept of MOs can enhance a teacher’s ability to provide evidence-based interventions and more fully developed behavioral interventions for students in their purview.


2021 ◽  
pp. 144-150
Author(s):  
Kari Smith ◽  
Sharron Williams

The school special education evaluation process can be a time of uncertainty for many families. Some families are apprehensive and unaware of the services that can be offered to them and their children. Many are not prepared to contribute ideas or have limited knowledge of possible resources. The chapter lays out how social workers can capitalize on their understanding of systems, mental health, child development, strengths-based perspective, social justice, and equity to best serve these families and their children during this process. The chapter presents an overview of the special education process; fundamental federal, state, and local policies and procedures; eligibility requirements; functional behavioral assessments; behavior intervention plans; and measurable individualized educational program goals. It reviews the essential steps that school social workers must take to ensure a comprehensive process while collaborating within a multidisciplinary team.


2010 ◽  
Vol 34 (2) ◽  
pp. 109-118
Author(s):  
Stephen Hughes ◽  
Linda De George-Walker

AbstractWith a commitment to establishing collaborative relationships with a local special education community, a consultation process was undertaken to ascertain what practising educators considered essential special education graduate characteristics. This consultation occurred against the backdrop of broad-scale university organisational restructure, faculty level program redesign, and the reported lack of an empirical basis for special education teacher attributes as distinct from general teacher education attributes. Special education professionals in a regional Australian city were invited to participate in two workshops to generate and analyse the qualities they considered essential for graduates of special education teacher preparation programs. The attributes identified by participants as essential were in agreement with many of those identified in the literature, yet behaviour support and resilience, which are typically subsumed within other categories in the literature, featured as stand-alone areas in this study. The processes and outcomes described in this article are discussed in relation to the potential value of special education teacher attributes for the field, and establishing a bridge across the perceived gap between the field and universities.


1992 ◽  
Vol 9 (2) ◽  
pp. 97-113 ◽  
Author(s):  
Martin E. Block ◽  
Patricia L. Krebs

The concept of least restrictive environments (LRE), originally conceived by Deno (1970) and Reynolds (1962) to advocate for a range of special education placements for children with disabilities, has become synonymous with a continuum of physical education placement options for students with disabilities. Many models have been presented over the years. Options range from full-time regular physical education in a regular school to full-time adapted physical education in a special school or facility, with various placement options in between. The emphasis of these models is on varying the placement to meet the needs of the student with disabilities. Taylor (1988) has identified several flaws to the concept of LRE placement options. In addition, many special education professionals advocate placing all students with disabilities in regular education with varying levels of support (e.g., Stainback & Stainback, 1990). This paper discusses an alternative to the traditional continuum of LRE placement options. This new model presents a continuum of support which emphasizes how much and what type of assistance is provided to a particular student with disabilities that will enable him/her to succeed in regular physical education.


2020 ◽  
pp. 074193252093034
Author(s):  
Sumin Lim ◽  
Gregory A. Cheatham

Communication difficulties between immigrant families, who are non-native English speakers, and special education professionals lead to unsuccessful family–professional partnerships. Such difficulties are often attributed to families’ low English proficiency or to limited access to quality language services. Other sources of partnership issues are occasionally overlooked. Consequently, special education professional partnerships with immigrant families may benefit from more critical discourse analyses of monolingual English-driven communication. Using Van Dijk’s sociocognitive approach to critical discourse studies, we analyzed 16 articles on special education partnerships by examining the discourses of monolingual ideologies and biases. The analysis identified three interrelated discourses in the literature: (a) parents’ compliance to monolingual biased norms in communication and self-blaming discourses; (b) professionals’ othering discourses and diffusion of responsibility concerning parents’ communicative needs; and (c) researchers’ role as gatekeepers in the recontextualization of parent–professional discourses. Finally, we discussed how to promote linguistically equitable partnerships addressing each discourse.


1993 ◽  
Vol 12 (1) ◽  
pp. 23-29 ◽  
Author(s):  
Margaret B. Shaeffer ◽  
James M. Shaeffer

With the enactment of P.L. 99-457, colleges and universities will need to examine and create innovative ways of providing required coursework to help early childhood/special education professionals meet state certification requirements. This paper describes the use of audio teleconferencing as one approach of offering courses to these professionals in rural areas. Specifically, the advantages of utilizing audio teleconferencing and what instructional design and teaching methods were implemented in the delivery of this course are discussed.


2003 ◽  
Vol 28 (1) ◽  
pp. 7-15 ◽  
Author(s):  
Laura M. Stough

Special education has been part of the Costa Rican public education system for more than 60 years. Approximately 10% of the 75,000 students who receive special services have a severe disability; however, there is a chronic shortage of personnel trained to educate students with significant educational needs. In the last 5 years, Costa Rica has promulgated four educational service models that extend special education expertise: Consulting teachers, educational assistance teams, itinerant teams, and resource centers. These models more equitably distribute the technical skills and knowledge of special education professionals throughout the country. In addition, the Department of Special Education has developed a pragmatic educational classification system that describes the level of modifications required by students with disabilities, rather than one that is driven by their diagnostic label. Few publications have been written about special education in Costa Rica. This is the first historical overview of the development of inclusion in this country.


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