SYSTEMS

1. B19 - Positive Behavioral Interventions & Supports: Implications for Supporting Students with DisabilitiesMitch Yell, Ph.D.University of South CarolinaTim Lewis, Ph.D.University of MissouriKey Words: Behavior, Disabilities, Special Education

2. Social Competence & Academic Achievement SW-Positive Behavior Support OUTCOMES Supporting Decision Making Supporting Staff Behavior DATA SYSTEMS PRACTICES Supporting Student Behavior

4. Continuum of Supports Math Spanish Science Soc skills Reading Horses

5. Simple Starting Point Students with disabilities are first and foremost, students who attend your school Students with disabilities can participate in Tier II supports, when appropriate Student IEP behavior goals should use parallel language to the schools universal expectations Special Educators can participate in school-wide supports

6. PBS & the Individuals with Disabilities Education Act

7. The Individuals with Disabilities Education Act Almost 30 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by—providing incentives for whole-school approaches, scientifically based early reading programs, positive behavioral interventions and supports, and early intervening services to reduce the need to label children as disabled in order to address the learning and behavioral needs of such children

8. Early Intervening Services • The IDEA allows, and sometimes requires, school districts to use Part B funds to implement coordinated early intervening services (IDEA, 20 U.S.C. § 1413(f)). • Rationale for EIS is based on research showing that the earlier a child’s learning or behavior problems are addressed, the more quickly and effectively the problems can by ameliorated or decreased in severity. Conversely the longer a child without assistance the longer the remediation time

9. Early Intervening Services: Core Characteristics • Students receive high quality research-based instruction in their general education setting; • Continuous monitoring of student performance; • All students are screened for academic and behavioral problems; and • Multiple levels (tiers) of instruction that are progressively more intense, based on the student’s response to instruction Questions and Answers on RTI and EIS (U.S. Department of Education, 2007)

10. The Advantages of Early Intervening Services • Identifying students early in their school careers using a risk rather than a deficit model, • Emphasizing research-based practices in intervention, and • Focusing on student outcomes rather than services received

11. PBS in the IEP IDEA requires that a student’s IEP team “consider the use of positive behavioral interventions and supports for any student whose behavior impedes his or her learning or the learning of others” (IDEA, 20 U.S.C. § 1414(d)(3)(b)(i)

12. PBS & Professional Development State Educational Agencies are authorized to “provide training in the methods…positive behavioral interventions and supports to improve student behavior in the classroom” (IDEA, 20 U.S.C. §1454(a)(3)(B)(iii)(I))

13. The U.S. Department of Education and PBS

14. OSEP Memorandum of 1/21/11 • Issued to State Directors of Special Education • From: Melody Musgrove, Director of OSEP • Subject: “A response to intervention (RTI) process cannot be used to delay-deny an evaluation under the IDEA” • https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/osep11-07rtimemo.pdf

15. The Core Characteristics: • All students receive high-quality research-based instruction in the general education setting • Continuous monitoring of student performance • All students are screened for academic and behavior problems • Multiple levels (tiers) that are progressively more intense, based on a students response to instruction

16. Memorandum of 1/21/11 • “When an multi-tiered system is implemented with the IDEA legal framework, the system should support and inform the child find process” • “The multi-tiered system leads to more accurate referrals by ensuring that only students who truly need special education services receive those services and those students who struggle academically and behaviorally, but are not disabled under the IDEA, receive appropriate services in general education through the multi-tiered system”

17. OSERS & OSEP Letter of 9/2/16 • Dear Colleague Letter (DCL)-Open letter of “significant guidance” • From: Sue Swenson, Acting Director of OSERs and Ruth Ryder, Acting Director of OSEP • Subject: “PBIS in IEPs” • https://www2.ed.gov/policy/gen/guid/school-discipline/files/dcl-on-pbis-in-ieps--08-01-2016.pdf

18. OSERS/OSEP DCL “Research shows that school-wide, small group, and individual behavioral supports that use proactive and preventative approaches, address the underlying cause of behavior, and reinforce positive behaviors are associated with increases in academic engagement, academic achievement, and fewer suspensions and dropouts.”

19. OSERS/OSEP DCL “children are more likely to achieve when they are directly taught predictable and contextually relevant school and classroom routines and expectations, acknowledged clearly and consistently for displaying positive academic and social behavior, consistently prompted and corrected when behavior does not meet expectations, and treated by others with respect.” 

20. OSERS/OSEP DCL “IEPs should contain behavioral supports supported by evidence—IDEA specifically requires that both special education and related services and supplementary aids and services be based on peer-reviewed research to the extent practicable. 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.” 

21. OSERS/OSEP DCL “behavioral supports are most effectively 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” (p.8).

22. A key to balancing the child find requirements of the IDEA and multi-tiered systems is the appropriate monitoring use of progress monitoring data.

23. What Does the Data Indicate? • When the data indicates that a student is continuing to struggle academically or behaviorally that is a strong indication that a student may need to be referred to special education. • If the data shows academic or behavioral improvement that is an indication that the research-based interventions are proving to be successful.

24. A Warning From OSEP

25. Inappropriate Use: • OSEP expressed concerns that LEAs were not using multi-tiered systems in this manner but were instead using RTI to delay and deny students’ evaluation for special education • Such use, would be a violation of the child find and evaluation mandates of the IDEA.

26. Inappropriate Use: “The regulations…allow a parent to request an initial evaluation at any time to determine if a child is a child with a disability.” “The use of RTI strategies cannot be used to delay or deny the provision of a full and individual evaluation…to a child suspected of having a disability under (IDEA).”

27. Two Appropriate Responses to Parental Requests to Evaluate • “We will conduct a special education evaluation, here is your notice of procedural safeguards and your consent for permission to conduct the evaluation.” • We have decided that at this time a special education is not warranted, here are your procedural safeguards and prior written notice describing our reasons for deciding not to conduct the evaluation.”

28. PBS & the Every Student Succeeds Act of 2015

29. Every Student Succeeds Act of 2015 • In ESSA, Congress recognized that student learning is directly affected by school climate and the supports and services to all students • The law allows LEAs to use federal monies to support PBS and multi-tiered systems of support (MTSS) • The law does not require that LEAs implement PBS or MTSS systems, but gives SEAs & LEAs great flexibility to use such systems

30. References to PBS & MTSS • Definition: The term ‘multi-tier system of supports’ means a comprehensive continuum of evidence-based, systemic practices to support a rapid response to students’ needs, with regular observation to facilitate data-based instructional decision making • Professional development: PD is designed to give teachers and principals the knowledge and skills to provide instruction and academics support services, to those children, including positive behavioral interventions and supports, multi-tier system of supports…”

31. References to PBS & MTSS • Local use of funds: An LEA that “receives a subgrant under section 2102 shall use the funds made available through the subgrant to develop, implement, and evaluate comprehensive programs and activities…which may include the use of multi-tier system of supports and positive behavioral interventions and supports…” • Activities to support safe & healthy students: May include implementation of schoolwide positive behavioral interventions and supports, including through coordination with similar activities carried out under the Individuals with Disabilities Education Act, in order to improve academic outcomes and school conditions for student learning

32. References to PBS & MTSS • Targeted assistance to schools: May include “a schoolwide tiered model to prevent and address behavior problems, and early intervening services, coordinated with similar activities and services carried out under the Individuals with Disabilities Education Act…”

33. The U.S. Department of Homeland Security and PBS

34. DHS Guide of 7/21/18 • Issued by the US Secret Services National Threat Assessment Center • Subject: “Enhancing School Safety using a Threat Assessment Model: An Operational Guide for Preventing School Violence.” • https://www.secretservice.gov/data/protection/ntac/USSS_NTAC_Enhancing_School_Safety_Guide_7.11.18.pdf

36. Comprehensive Targeted Violence Prevention Program Step 1: Establish a multidisciplinary threat assessment team Step 2: Define concerning and prohibited behaviors Step 3: Create a central reporting mechanism Step 4: Determine the threshold for law enforcement intervention Step 5: Establish assessment procedures Step 6: Develop risk management options Step 7: Create and promote safe school climates Step 8: Conduct training for all stakeholders

37. Step 7: Create and Promote Safe School Climates • ”A crucial component of preventing target violence at schools relies on developing positive school climates built on a culture of safety, respect, trust, and social and emotional support.” (p. 19) • “Schools can also support positive school climates by implementing Schoolwide Positive Behavior Interventions and Supports (PBIS) programs.” (p. 20)

38. These programs actively teach students what appropriate behavior looks like in a variety of settings, including the classroom, with their friends, or among adults. Teachers frequently praise prosocial behavior they observe and encourage students’ good behavior. PBIS can improve academic outcomes for schools and has been shown to reduce the rates of school bullying.” (P. 20)

39. PBS & Endrew F. v. Douglas County School District (2017)

40. Free Appropriate Public Education (FAPE) • The central requirement of the IDEA is that all eligible students must receive a FAPE • The IDEA defines FAPE as special education and related services that are • provided at public expense, • meet the standards of the SEA, • includespreschool, elementary, orsecondaryeducation, and • areprovided in conformitywiththe IEP

41. Board of Education v. Rowley, 1982 • 458 U.S. 176 (1982)

42. Board of Education v. Rowley, 1982 “We therefore conclude that the ‘basic floor of opportunity’ consists of access to specialized instruction and related services which are individually designedto provide educational benefitto the handicapped child.”

43. The Rowley Two-Part Test • Has the state complied with the procedures set forth in the law? • Is the resulting IEP reasonably calculated to enable the student to receive educational benefit?

44. FAPE Tests Lower Standard Lower Standard Confused! Lower Standard Higher Standard Lower Standard Lower Standard Higher Standard* Lower Standard

45. The Tenth Circuit’s Educational Benefit Standard Endrew F. v. Douglas County School District R1, 798 F.3d 1329, (10th Cir. 2014) “The educational benefit mandated by the IDEA must merely be more than de minimis”

46. Appeal to the U.S. Supreme Court • On December 22, 2015 the parents appealed to the U.S. Supreme Court • Question Presented: What is the level of educational benefit school districts must confer on children with disabilities to provide them with the free appropriate public education guaranteed by the Individuals with Disabilities Education Act? Certiorari Granted on September 29, 2016

47. Oral Arguments: January 11, 2017

48. Supreme Court Ruling: March 22, 2017 In Rowley, “we declined…to endorse any one standard for determining when (students with disabilities) are receiving sufficient educational benefit to satisfy the requirements of the Act.” “That more difficult problem is before us today.”

49. Supreme Court Ruling: March 22, 2017 • The High Court rejected the “merely more than de minimis” standard, vacating the decision and remanding the case back to the 10th Circuit to apply the new standard. • “To meet its substantive obligation under the IDEA, a school must offer an IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.’

50. The Rowley/Endrew Test • In the development of an IEP, has the school agency complied with the procedures set forth in the IDEA? 2. Is the IEP developed through the IDEA’s procedures reasonably calculated to enable the child to make progress that is appropriate in light of his or her circumstances? 33