Dealing with Violent Behavior
The following scenarios and action plans to deal with violent behavior were excerpted from a document produced by a work-group collaboration sponsored by the National Education Association. The purpose is to provide guidelines for educational staff to follow when confronted with aggressive behavior.
Under each scenario, presented by educational staff, are a side-by-side document detailing the action plan to follow, and a description of these actions that include information from current law. These are general guidelines—district and state policies are different and the educator must be aware of their district policies.
Prevention and Problem Solving
Scenario 1:
You have a student in your classroom who does not have an Individual Education Plan (IEP), but who is demonstrating potentially violent behavior. The student is threatening to beat up other classmates and has threatened to destroy the classroom. The student has been sent to time-out on many occasions, but continues to engage in these behaviors.
ACTION |
DESCRIPTION OF ACTION |
|
Time OutPurpose: A time out may be used to aid a student to compose him or herself. It shall not be used for staff convenience or student punishment. Duration: A time-out room may be used only as long as necessary for the student to compose him or herself. If the student’s behavior remains dangerous after 30 minutes, we recommend that the principal or his or her designee must authorize continued use, unless otherwise indicated in the IEP, district policy, or state law. Observation: A student in a time-out room shall be appropriately monitored |
Scenario 2:
You have a student in your classroom with an IEP and a history of violent behavior. The student is threatening to beat up other classmates and has threatened to destroy the classroom. The student has been sent to time out on many occasions but continues to engage in these behaviors.
ACTIONS |
DESCRIPTION OF ACTION |
|
Examples of Aids and Services that can be requested: Resource room, itinerant assistant, teacher training, behavior modification, modification of the curriculum for all students, modification of the curriculum for the special education student, parallel instruction, adapted materials, paraeducator assistance, sensitivity training for other students, and planning time for meetings between special needs and regular educators. Functional Behavior Assessment (FBA)
|
Interventions
Scenario 3:
A student continues to exhibit potentially violent behavior and you would like a change in placement. You have a conference with the administrator to discuss your concerns about this student and provide rationale as to why you think this student should be in a different placement. The administrator notified you that the student has an IEP. You wonder how long a student with a disability can be suspended without changing the student’s IEP.
ACTION |
DESCRIPTION OF ACTION |
|
Stay Put Policy Except for the reasons set forth below, students generally must “stay put” in their current placement disputes unless an impartial hearing officer or court orders an interim change of placement.
Court Involvement A hearing office could change a special education student’s placement for 45 days, and upon subsequent hearings for additional 45-day periods if a district demonstrates by more than a preponderance of the evidence that maintaining the student’s current placement is likely to result in an injury to the student or others. This has been changed in IDEA 2004. The hearing officer has to also consider whether the student’s current placement is appropriate; the district has taken reasonable steps to reduce the risk of injury in the current placement; and whether the proposed alternative is appropriate. Behavioral Intervention Plan (BIP) includes:
Physical Restraint Purpose: The purpose of physical restraint is to reduce or eliminate imminent risk or harm to a person, or damage to property. Use: We recommend that to the extent permitted under state law and district policy, and the IEP; physical restraint should be used with a student only when there is an imminent risk or harm to a person, or damage to property. Additionally, except as otherwise provided in state law or district policy, reasonable and necessary force may be used to quell a disturbance, obtain possession of weapons or other dangerous objects upon the person of or within control of the student, for the purpose of self-defense, or for the protection of persons or property. Observation: to the extent practical, any staff member except in the presence of another staff member should not use physical restraint. |
Scenario 4:
You have a student who brings drugs or weapons to school, inflicts serious bodily injury to another student, or a student assaults you. What are your rights and what are the student’s rights?
ACTION |
DESCRIPTION OF ACTION |
In case of assault, ensuring the safety of others
In case of assault with personal injury
|
Special Education Students
In case of assault, with the assistance of your association
In the event that counter charges are filed against you
|
Scenario 5:
A student with a disability has committed a serious offense that has resulted in a discipline action. What are your responsibilities to this student and what type of consequences does this student receive?
ACTION |
DESCRIPTION OF ACTION |
An MDR is being held for a violent student. |
Discipline 10 days or less: Remove for 10 cumulative school days. |
Scenario 6:
An MDR is being held for a violent student. What happens during an MDR and what role do I have to play?
ACTION |
DESCRIPTION OF ACTION |
|
Manifestation Determination Review
|
Next Page: Interim Alternative Settings