Education Law

Discipline: That Delicate Balance

By Charles Fox

I believe that for many students with special needs that there are many behaviors from speaking out of turn to physical acting out that are not fully cupable and should in no way be treated as criminal or subject to the ordinary code of conduct of schools. This statement is my personal gloss and a version of what the law states. Having stated that, when children with special needs act out especially when it is highly inappropriate or injurious to self or others, that occasion presents a critical teachable moment which does not necessarily include punishment.

I have had occasion to discuss and debate discipline on many occasions with opposing counsel. Not surprisingly the balance seems clearer to them; their first and primary responsibility is to maintain order virtually at all costs. I believe that the law and common sense demand a much more complicated balance weighing many factors including the student's disability and how to best to modify behaviors. Of course, we as parents have an important role as well, which realistically should not include writing our children a blank check because he or she is disabled. The optimum outcome of the special education process is that our children come out of the system to move into adulthood with skills academically and vocationally, but even more with the ability to behave appropriately.

A recent New York Times story,  documents a few of the worst abuses of behavioral intervention in schools in the U.S. and Canada in the recent past. Balanced approaches, at times of crisis, go out the window.   At these times people get hurt or even killed; often the person on the losing end is the child with special needs. A Professor of Special Education, nevertheless, struck a hopeless  note regarding behavioral intervention when he stated:

?It?s damned if you do, damned if you don?t,? Dr. Peterson said, and it reflects the level of confusion there is about this whole issue.?

Personally, I do not agree with Professor Peterson. Good training,planning and thoughtful staffing minimizes the risks and increases the potential for good and safe outcomes. We know what needs to be done; it is critical that we apply safe, humane and effective means of behavioral intervention.

Full post as published by Special Education Law Blog on July 16, 2008 (boomark / email).