We usually talk about the Toolbox here on Tuesdays. The Toolbox is a one day training program focusing on services to students with serious behavioral issues. We talk a lot about behavior plans.
The answer to today’s question is straightforward: you should revise a student’s BIP when it becomes clear that the existing BIP is not working. Oftentimes this becomes apparent when the student commits a serious violation of your Code of Conduct, one that might lead to a disciplinary change of placement.
But a case I bumped into recently reminded me that there are also other times when the ARD Committee should consider making some changes. In Brown v. District of Columbia, a student was shot eight times, sustaining serious physical and emotional injuries. The court held that the district should have convened an IEP Team meeting to consider what changes this would require in his IEP. Not doing so deprived the student of FAPE.
I hope you don’t encounter anything quite that dramatic. But the case is a good reminder that sometimes IEPs and/or BIPs should be revisited based on outside issues that may have an impact on the student. This student committed no offense. He was a victim. But because of the impact this traumatic event might have on his education, the court held that the IEP Team (ARDC) should have met to discuss this.
We found this case at 67 IDELR 169. It was decided by the District Court for the District of Columbia.
DAWG BONE: DOCUMENT YOUR EFFORTS TO ADDRESS TRAUMATIC EVENTS THAT MAY AFFECT THE STUDENT’S EDUCATION.
File this one under: SPECIAL EDUCATION
Tomorrow: Can you be personally liable for violating FERPA?