Module 1 Legislative Issues Texas Behavior Support Initiative

Module 1: Legislative Issues Texas Behavior Support Initiative: Module 1 1

Module 1: Agenda • • Why Are We Here? Why Positive Behavior Support? State Legal Requirements Federal Legal Requirements State of the Nation State of the State Texas Behavior Support Initiative: Module 1 2

Senate Bill 1196 • States it is the policy of this state to treat all students with respect and dignity • Prohibits use of locked seclusionary time-out in Texas Public Schools effective September 1, 2001 • Applies to charter schools Texas Behavior Support Initiative: Module 1 3

Senate Bill 1196 • Defines seclusion, restraint and time-out • Allows use of locked time -out in defined emergency situations • Requires commissioner to adopt rules for use of restraint and time-out by August 1, 2002 Texas Behavior Support Initiative: Module 1 4

Seclusion A behavior management technique in which a student is confined in a locked box, locked closet, or locked room that: – Is designed solely to seclude a person; and – Contains less than 50 square feet of space – TEC 37. 0021(b) Texas Behavior Support Initiative: Module 1 5

Commissioner’s Rule TAC § 89. 1053 • Develops new rules related to the use of restraint and time-out • Defines emergency situation Texas Behavior Support Initiative: Module 1 6

Restraint USE • Used only in an emergency – Physical harm – Property destruction • Requires documentation and notification • Reported in PEIMS 2003 -04 Texas Behavior Support Initiative: Module 1 7

Restraint TRAINING • Provided for core team on each campus (administrator or designee, and any general/special ed. personnel likely to use restraint) • Includes prevention/ de-escalation techniques and alternatives • Deadline— 4/1/03 Texas Behavior Support Initiative: Module 1 8

Time-Out USE • Used in conjunction with array of positive behavior intervention strategies • Included in IEP/BIP if recurrent • Required documentation to assess effectiveness Texas Behavior Support Initiative: Module 1 9

Time-Out TRAINING • Provided for general/special personnel who implement time-out according to IEP • Include in scope of positive behavior interventions • Deadline— 4/1/03 Texas Behavior Support Initiative: Module 1 10

Did you know? • Academic and social failures are related. . . students with problem behaviors often suffer from academic and social deficits • Academic deficits are among the most powerful predictors of social failure and problem behavior Texas Behavior Support Initiative: Module 1 11

The relationship between behavior and learning must not only be considered but acted upon… IDEA Amendments, 1997 Texas Behavior Support Initiative: Module 1 12

Life long challenges equal a poor prognosis for success… Startling Statistics for Students with Disabilities: • 27% drop out rate for students with learning disabilities • 50% drop out rate for students with emotional disturbance • 70% arrest rate within three years of leaving school for students with academic and social failures Texas Behavior Support Initiative: Module 1 13

Prediction Leads to Problem Solutions…We Must be Able to: • Understand the reasons for failure if we are to effectively develop prevention and intervention strategies that lead to success • Determine how to use resources to create successful programs Texas Behavior Support Initiative: Module 1 14

Positive Behavior Support is… ü Systemic and individualized strategies based on an extensive body of researchbased practices ü Prevention based approach for all students ü Focus on teaching academic, social and behavioral expectations ü Emphasis on culturally appropriate practices Texas Behavior Support Initiative: Module 1 15

Are we in this alone? What’s the National PBS Picture? Texas Behavior Support Initiative: Module 1 16

PBS: National Perspective Hawaii British Columbia Virgin Islands Texas Behavior Support Initiative: Module 1 17

Foundation for PBS IDEA ‘ 97 1997 Bright Futures for Exceptional Learners No Child Left Behind 1998 Critical Issues Paper 2001 Personnel Needs Survey TX Behavior Network Senate Bill 1196 Texas Behavior Support Initiative: Module 1 23 rd Report to Congress Minority Students in Special and Gifted Education 2002 TBSI 18

Can you imagine …. ? • Your dentist practicing without a license • Your surgeon operating without appropriate skills • Your lawyer routinely being expected to violate professional ethics…. . Texas Behavior Support Initiative: Module 1 19

Why Do we expect educators to work without adequate knowledge, tools and supports to face the daily challenges of their jobs…. . Texas Behavior Support Initiative: Module 1 20

The Texas Behavior Support Initiative is. . . • Knowledge and skills on the use of positive behavior supports for students with disabilities • Schoolwide, classroom and individual systems of support • Data collection tools to inform decision-making for program improvement Texas Behavior Support Initiative: Module 1 21

TBSI Training Modules Module I: Legislative Overview Module 2: Positive Behavior Supports – Schoolwide/Classroom Interventions Module 3: Positive Behavior Supports – Individual Interventions Texas Behavior Support Initiative: Module 1 22

TBSI Training Modules Module 4: Time-Out Module 5: Severe Behavior - Prevention and De-Escalation Techniques Module 6: Action Planning Module 7: Physical Restraint – District/Campus Selects Provider(s) Texas Behavior Support Initiative: Module 1 23

TBSI Training Requirements • Campus level core team training must occur by April 1, 2003 • Core teams should include: – Campus administrator or designee – General or special education personnel likely to use restraint or use time-out – Other personnel selected district/campus Texas Behavior Support Initiative: Module 1 24

TBSI Training Requirements Campus level training after April 1, 2003 – Personnel not previously trained and meeting one of the following criteria must be trained within 30 school days: • Time-out based on student IEP • Restraint used in an emergency situation Texas Behavior Support Initiative: Module 1 25

TBSI Training Requirements Required Modules Training Circumstance 1 2 3 4 5 6 7 X X X X* Campus Core Team X X X X 30 -Day Time-Out X X 30 -Day Restraint X X X ESC/District Level Training Team (TOT) *required if that individual is a provider of the physical restraint training 26 Texas Behavior Support Initiative: Module 1

Statewide Evaluation = Texas Behavior Support Initiative: Module 1 27

Evaluation Trail… Collected after training Sent to ESC Texas Behavior Support Initiative: Module 1 Forwarded to Region IV ESC 28

Big Ideas! • Commissioner’s Rule § 89. 1053. Procedures for the Use of Restraint and Time-Out • IDEA ’ 97 • Effective Services for Students with Emotional or Behavioral Disorders • Positive Behavioral Supports • Texas Behavior Support Initiative: Module 1 29

…the relationship between behavior and learning must not only be considered but acted upon…. IDEA, 1997 Texas Behavior Support Initiative: Module 1 30