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

2. Texas Behavior Support Initiative: Module 1 2 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

3. Texas Behavior Support Initiative: Module 1 3 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

4. Texas Behavior Support Initiative: Module 1 4 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

5. Texas Behavior Support Initiative: Module 1 5 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)

6. Texas Behavior Support Initiative: Module 1 6 Commissioner’s Rule TAC §89.1053 Develops new rules related to the use of restraint and time-out Defines emergency situation

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

8. Texas Behavior Support Initiative: Module 1 8 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 Restraint

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

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

11. Texas Behavior Support Initiative: Module 1 11 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

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

13. Texas Behavior Support Initiative: Module 1 13 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

14. Texas Behavior Support Initiative: Module 1 14 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

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

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

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

18. Texas Behavior Support Initiative: Module 1 18 Foundation for PBS 1997200219982001 IDEA ‘97 Critical Issues Paper No Child Left Behind TBSI Personnel Needs Survey TX Behavior Network 23 rd Report to Congress Bright Futures for Exceptional Learners Minority Students in Special and Gifted Education Senate Bill 1196

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

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

21. Texas Behavior Support Initiative: Module 1 21 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

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

23. Texas Behavior Support Initiative: Module 1 23 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)

24. Texas Behavior Support Initiative: Module 1 24 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

25. Texas Behavior Support Initiative: Module 1 25 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

26. Texas Behavior Support Initiative: Module 1 26 TBSI Training Requirements Required Modules Training Circumstance 1234567 ESC/District Level Training Team (TOT) XXXXXXX* Campus Core Team XXXXXXX 30-Day Time-Out XXXX 30-Day Restraint XXX X X *required if that individual is a provider of the physical restraint training

27. Texas Behavior Support Initiative: Module 1 27 Statewide Evaluation =

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

29. Texas Behavior Support Initiative: Module 1 29 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

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