Show ERIC Number: EJ1237120 Record Type: Journal Publication Date: 2019 Pages: 23 Abstractor: As Provided ISBN: N/A ISSN: ISSN-0827-3383 EISSN: N/A Students with Emotional and Behavioral Disorders and Special Education Due Process in the United States Blackwell, William; Durán, Jaime Betancourt; Buss, Jennifer International Journal of Special Education, v34 n1 p129-151 2019 This manuscript presents findings from a study of the contributing factors and details of special education due process hearings in the United States that involved students with emotional and behavioral disorders. The study examined 101 due process hearings conducted over a three-year period in a five-state sample: California, Illinois, Massachusetts, Pennsylvania, and Washington. Findings indicated that students with emotional and behavioral disorders are frequently involved in due process hearings. These students often have multilayered, complex support needs and a history of suspension/expulsion. The most common issues addressed in the due process hearings related to the development/implementation of individualized education programs, evaluation and assessment practices, procedural safeguards, and program placement decisions. The implications of these findings for teachers, administrators, and parents of students with emotional and behavioral disorders are discussed. Descriptors: Special Education, Emotional Disturbances, Behavior Disorders, Student Placement, Decision Making, Civil Rights, Suspension, Expulsion, Individualized Education Programs, Evaluation Methods, Disabilities, Educational Legislation, Federal Legislation, Equal Education, Instructional Program Divisions, Elementary Secondary Education International Journal of Special Education. 2889 Highbury Street, Vancouver, BC V6R 3T7, Canada. Web site: http://www.internationalsped.com/
Some children who have mental health needs or who meet the eligibility for EBD receive their education in separate programs. It is possible that some children need this type of setting to function successfully. However, such restrictive placements are appropriate only if a child’s needs indicate the setting is appropriate. Services must be provided in a child’s least restrictive environment (LRE). The general education classroom in the regular school is the preferred placement, with services and accommodations provided there. Accommodations and services include positive behavior supports, adjustments in the curriculum, or assistance from a special education teacher. If a child still is not successful, the team may then consider a different setting. Some children with mental health disorders really need special treatment settings. However, no child should spend his or her entire school career in such settings if the parents and child want to try a less restrictive program. Parents should ask questions before deciding what to do about placing their child in a more restrictive setting. It will be useful to know what interventions have been tried to keep the student in a regular school setting, and what worked or did not work. Questions to think about when considering a more restrictive placement are:
Some parents agree that their child needs a different setting or program but are not sure what is appropriate. Before agreeing to a change, parents should visit the proposed setting or program. It will be important to talk with staff and view the program while school is in session. Questions to think about when the school suggests a move to a more restrictive placement:
Day TreatmentSome children may need a more intensive program, such as day treatment, to meet the emotional and behavioral needs of the child. The focus of a day treatment program is to stabilize the child’s mental health. This is a site-based placement that includes mental health therapy and behavioral skills training for children and youth who are not succeeding in their regular school setting due to mental health, emotional, or behavioral challenges. In some day treatment programs, part of the day is spent on mental health treatment provided by mental health professionals, and the remaining hours are spent on academic instruction provided by licensed teachers. Day treatment programs are held Monday through Friday with the overarching goal to return the child to a less restrictive program. There are also day treatment programs that provide mental health services only. In this case, academic education is provided by the resident district in a separate location. Questions parents should consider include:
Children receive services in the least restrictive setting in which they can be successful. When a child cannot succeed in any of the available regular school settings, the IEP team may consider residential placement. Residential treatment centers are places where education and mental health services generally have equal importance in a child’s day. Placement in a residential treatment center for educational reasons must be done at no cost to parents. If the placement is made by a different agency for mental health reasons, the school district is responsible for the education services, but not the cost of room and board, therapy, or medical treatment. There may be opposing viewpoints:
Most parents and professionals agree that the responsibility of education is to prepare youth to achieve the standards that will permit them to graduate and move into their chosen post-high school environment (college, vocational training, community living, employment, etc.). When the school has tried various settings and programs, and a youth has not made expected educational progress because of his or her disability, the school’s obligation is to continue to explore alternatives. Any programs in this instance would be at no cost to the youth or parents, including day treatment programs or residential treatment. Correctional PlacementSometimes youths will be placed in secure or nonsecure residential placements because they have broken the law. Regardless of why youths with disabilities are placed in juvenile or adult correction programs, they have the same legal rights as all other children to an appropriate education. Services must be sufficient to permit them to maintain their grade placement in school, meet state educational standards, and receive special education and related services that meet their needs. What is different about this kind of placement is that it is determined by the courts and not by an IEP team. The role of the IEP team is to determine the services that will be needed in a correctional placement. Education Services in Alternative PlacementsNot all students in separate programs, day treatment, correctional, or residential placements need special education or related services. All, however, are entitled to an appropriate education program. This includes children in temporary residential placements, such as shelter care. Attitudes about the importance of education vary widely among residential treatment centers. Some may try to maintain a student at or near grade level. Others provide services that permit students to study for a General Educational Development (GED) exam. Still others believe that education is not very important when a child is in crisis and may provide only minimal educational services. Publicly funded educational programs in residential placements must meet state academic standards. Many teens need to earn credits to graduate from school. Some youth must repeat a grade because credit classes were not provided in their residential program. This should not be true if parents plan carefully. The following questions can help families decide if the residential center has an appropriate school program for their child:
Returning to SchoolCareful planning is essential for students who are returning from a separate program placement. Parents need to know in advance when the move is anticipated so they can help plan the transition to home and school. Questions to think about are:
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