IEP and punishment?

Question

I was told that when a child in special education has an IEP/BIP for behavior problems that they can not list a punishment on the BIP that is in the district's student code of conduct for other students. Is this correct? In my son's IEP/BIP they have lunch detention and in school suspensio as punishments for target behaviors. is this legal? Under the consequences list the drew a line and added these punishments in.

Answer 1

BIP's are meant to teach new behaviors, not to punish. Any corrective consequences that are on the BIP should be supported by data indicating that this approach will work, otherwise it should not be on the BIP and this DOES NOT take the place of teaching and rewarding the replacement behavior.

My big beef with schools is that they are very eager to do the punishment piece, but they will not define the person and the methods by which the new behavior will be taught and rewarded. You want to know why? Because most schools do not have anyone to do the job. They consider a BIP as a means to an end, mostly for getting kids into special classes or special schools.

You need to have them make very clear WHO will teach the new behavior and WHEN they will teach it. Doing it in class will not work, so time needs to be set aside to do it. Then it can be coached in the classroom. If they are reluctant to do this, it means that they don't want to do it or can't do it. Usually there isn't a trained person on staff who knows how to teach and reward replacement behaviors.

You should demand to know these things because without such training, your child will not make any improvements. Do not hesitate to take it to due process or to call the superintendent. They will give you a bunch of garbage about how parent's can't dictate the curriculum, but do not take no for an answer.

Go to the Wright's law website so you are prepared for any encounter with school officials.

Answer 2

As an equal member of the IEP team, you can disagree with whatever you don't like, and they can NOT put it into the IEP plan.

Whoever told you that a specific punishment can not be put into a BIP plan, tell them to show you any written policy that states this as FACT.  If they can't show you , then it's not true and they can't do it.

WIth a BIP plan, the school is suppose to do POSITIVE disclipline strategies, and lunch detention and in school suspension is NOT positive. I would disagree with all of this.

Please call your state dept of education and ask them for information for the 'federally funded parent advocacy agency'  

THey help parents for FREE.  They can help you in determining what is the best for your child.

Since you are an EQUAL member of the IEP team, the school can NOT make decisions about your child WITHOUT YOU.

If you disagree with anything they say or want to do, tell them and they can NOT do them.

Answer 3

Your son's teacher is within his/her rights as it is their way of curbing behavior.  In regards to your previous question, the teacher should be limited to how often this can happen and what action will/should be taken once the limit is reached and it should be noted in the IEP (EX. lunch detention no more than 3x per week).  Usually, during meetings, the teacher should be able to justify their interventions and describe the outcome.  I would come up with a list of alternative consequences, listing what you are willing to do to help extinguish or curb your sons behavior if and when he exceeds the limit once it's established.

Answer 4

The laws about what can and cannot be added in an IEP differ from one area to the next.  If you are concerned about something listed in your son's IEP, it is important that you talk to his school Resource Teacher to find out what the procedure is.  It is also important that you communicate your concerns so that he/she realizes that you are taking an active involvement in the IEP process (This often helps later down the line when you need something for your son...you know the term, "the squeeky wheel gets the grease"?  It applies in this situation as well.

If you don't get the response you hope for from the school, move on to the school board and if not from there, you need to consider hiring a special education advocate.  He/she will know the local policies and will be able to give you advice as to how you can turn the IEP into a positive document.

Answer 5

Don't be afraid to question the school and the persons involved in writing the IEP and BIP. They are there or should be, to support you. A BIP is made to find ways to modify the students behavior. When it becomes illegal for the school to punish your child is when the behavior can be proven to be a direct result of their disability. For example, a student can't be suspended from school without having a hearing if they have an IEP. The team has to decided that whatever the student did, did not have any coorelation with the child's disability! Hope this helps a little.

Answer 6

This is legal and of course the IEP has to list the consequences for certain behaviors in order to help your child,and also to protect the school who has to educate your child . School has to try to help your child the best possible way.

The decision will be made with your consent !!!!