What are the guidelines for removing a child from a behavior class when placement is determined by IEP?

Question by al: What are the guidelines for removing a child from a behavior class when placement is determined by IEP?
I am a teacher in a school that houses our system’s behavior modification program. The program, in the past, has been for students who disrupted the learning environment to such a degree that BIPs and crisis plans weren’t successful for the student (nor for the education of the other children in the class). It generally takes a classroom teacher a year to complete all the interventions, documentation, proof of history of problems, failed BIPs, etc. For the past 2 years, I have had a child bused to our school for the behavior mod program yet placed in my classroom without any meeting to provide review of needs, plans, triggers, etc. I have questioned this program numerous times to such a degree & avoidance has been the only response. Both years, the children have been placed in my classroom for FULL school days with NO support or ability to remove the child when necessary for instruction (or sanity) to occur. No classroom behavior plan was suggested so I had to create my own hourly behavior program & conduct a 4-hour long meeting with the parent ON MY OWN to get reinforcement of MY plan at home. This year, I got another child. He was “dismissed” from the program solely by the behavior mod teacher without meeting because they learned the program was funded via special ed funding, & so only kids with SpEd classification would be in the class. This child HAD an IEP which I thought qualified him for SpEd services. I was told by one admin. that I should receive support from the behavior class, so I’ve sent him to the behavior room 6 times this entire school year. I then rcvd an e-mail from another school admin that I COULDN’T send him because he wasn’t SpEd (yet he HAS an IEP) & that I was to send him to the office for discipline like all other children. HOWEVER, my concern is this…placing the child in “time out”, ISS, or OSS which is our system discipline plan WILL remove him so that I can teach, and it WILL allow him cool-down time AFTER the behavior occurs BUT will teach him NO skills regarding how to cool-down BEFORE the behavior has occurred (which should be the goal). I have asked both years time and time again whether there was a format, guideline, benchmarks, etc. in place to track gains…were there any special “coping” classes being held to teach him ways to “modify his behavior” (i.e. anger mgmt., etc.) but there apparently aren’t because I can’t get an answer & my student last year told me that he liked acting up because he’d get sent there & could play on the computer all day. I am outraged to the point of considering seeking legal counsel. I don’t mind having a child with behavior difficulties in my classroom, I don’t mind having him in my classroom exclusively, I DO mind his not receiving ANY training for skills or techniques to correct the behavior from his behavior mod class. I DO mind that I can’t remove him from my room to permit instruction for the other children when it’s clearly not misused (although one would wonder how it could be misused when he’s supposed to be in that class full-time). I DO mind that I can’t get a clear answer from anyone in administration regarding the protocol for entrance and dismissal from the program. The disservice being done to the child, all my other children, and my ability to do my job has frustrated me so much that I am seriously considering quitting (after 16 years of teaching). The federal govt. has placed benchmarks under NCLB that we MUST meet yet there’s no “formula” that includes a consideration for the lack of conducive learning permitted as a result of this failed program. Most all teachers in our school feel the same way, a few have voiced their concerns, the remainder complain about it but don’t want to make waves. EVERY time ANY of us have walked into the behavior classroom, the few kids that are in there are either: watching a movie, playing outside with aides, playing with class toys, or playing on the computer while the teacher, aides, AND school psychologist are sitting around on the computer, texting, or chit chatting and laughing…literally EVERY time. No one has seen a discussion, lesson, or guidance being given. We all say we want to apply for that job…what a dream – more adults than kids, no planning, instruction, testing, accountability – throw the kid in a regular classroom & read a newspaper…I want THAT job.
Any information you can provide on state or federal guidelines would be very beneficial as I plan to pioneer a change in the current program accordingly.

Best answer:

Answer by joycey
You have a very complex situation and even with your long explanation, I’m not sure I totally understand. I recommend that you go to http://www.wrightslaw.com so you can figure out if any laws or regs are being violated.

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