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Discipline and Special Education

What's Required

The Texas Behavior Support Initiative (TBSI) is the Texas Education Agency's (TEA) response to federal regulations such as the Individual with Disabilities Improvement Act and No Child Left Behind and state regulations, including Senate Bill 1196, TAC 89.1053 and the TEC Chapter 37, regarding research-based practices and standards school districts may employ when addressing challenging student behaviors, as well as procedures and policies which must be addressed by schools. 

 

All disciplinary actions regarding students with disabilities must be determined in accordance with 34 C.F.R. 300.101(a) and 300.530– 300.536; Education Code Chapter 37, Subchapter A; and 19 Administrative Code 89.1053 (Procedures for Use of Restraint and Time-Out). 19 TAC 89.1050(k) Except as set forth below, the placement of a TSD student with a disability who receives special education services may be made only by a duly constituted admission, review, and dismissal (ARD) committee. Any disciplinary action regarding the student shall be determined in accordance with federal law and regulations. Education Code 37.004

 

The methods adopted in the Student Code of Conduct [see FO] for discipline management and for preventing and intervening in student discipline problems must provide that a student who is enrolled in the special education program may not be disciplined for bullying, harassment, or making hit lists until an ARD committee meeting has been held to review the conduct. Education Code 37.001(b-1)

 

What We Do

TSD Policies Related to Discipline: FO, FOA, FOB, FOC, FOCA, FOD, FOE, FOF, 

 

A person at the School must be designated to serve as the District Behavior Coordinator (DBC). The DBC is primarily responsible for maintaining student discipline and the implementation of Education Code Chapter 37, Subchapter A. Texas School for the Deaf's District Behavior Coordinator is Elizabeth Sterling, Special Education Director. 

 

It is the policy of the state to treat all students with dignity and respect, including TSD students. Any behavior management technique and/or discipline management practice must be implemented in such a way as to protect the health and safety of the student and others. No discipline management practice may be calculated to inflict injury, cause harm, demean, or deprive the student of basic human necessities. Education Code 37.0021(a); 19 TAC 89.1053(j)

 

Texas School for the Deaf uses Positive Behavior Intervention Support (PBIS) strategies and programs to assist students in learning responsible and appropriate behavior.  https://www.pbis.org/ Our programs:

1. Are Age-appropriate and research-based;

2. Provide models for positive behavior;

3. Promote a positive school environment;

4. Provide alternative disciplinary courses of action that do not rely on the use of in-school suspension, out-of-school suspension, or placement in a disciplinary alternative education program to manage student behavior; and

5. Provide behavior management strategies including:

a. Positive behavioral intervention and support;

b. Trauma-informed practices;

c. Social and emotional learning;

d. A referral for services, as necessary; and

e. Restorative practices. 

 

To learn more about our programs click this link: https://www.tsd.state.tx.us/apps/pages/index.jsp?uREC_ID=170905&type=d&pREC_ID=1018486

 

Our behavior team participates in the evaluation process and is responsible for creating, implementing, and monitoring behavior programming. When working to support an individual student, they work with school and dorm staff to assist in identifying the root cause of negative behavior using an effective problem-solving process. Comprehensive support plans involving the use of positive behavior support strategies are developed by the school to include the teaching of appropriate interpersonal and/or social skills. TSD also provides a student support room in each department where students can problem solve, calm, and take a necessary break. 

 

Manifestation Determination and Changes of Placement

Within ten school days of any decision to change the placement of a student because of a violation of a code of student conduct, the School, parents, and relevant members of the ARD committee (as determined by the parent and the School) shall review all relevant information in the student’s file, including the student’s IEP, any teacher observations, and any relevant information provided by the parents to determine whether the conduct in question was:

    • Caused by, or had a direct and substantial relationship to, the student’s disability; or 
    • The direct result of the School’s failure to implement the IEP.

 

If the School, the parent, and relevant members of the ARD committee determine that either of the above is applicable, the conduct shall be determined to be a manifestation of the student’s disability.

 

If the School, the parent, and relevant members of the ARD committee determine the conduct was the direct result of the School’s failure to implement the IEP, the School must take immediate steps to remedy those deficiencies.

 

Before ordering suspension or removal to a DAEP, the ARD committee must consider whether the student acted in self-defense, the intent or lack of intent at the time the student engaged in the conduct, the student’s disciplinary history, and whether the student has a disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct, regardless of whether the decision of the behavior coordinator concerns a mandatory or discretionary action. Education Code 37.009(a)

 

Disciplinary Alternative Education Program (DAEP)

The Disciplinary Alternative Education Program (DAEP) was established in response to the Texas Safe School Act, 1995. The Texas Safe School Act requires districts to provide an alternative educational setting for students who engage in dangerous behaviors which require a student to be moved away from their peers or regular staff/teachers for a period of time not to exceed 45 school days. In order for a student to be placed in DAEP, a Manifestation Determination Meeting must be conducted. If the ARD committee deems that a DAEP placement is appropriate, the student will be moved to this setting. TSD's DAEP supports students in maintaining their academic success as well as providing the necessary skills to become safe, responsible, and respectful in all settings. This includes counseling support and behavioral support both during the time a child is serving DAEP and after they return to class.

 

Alternative Education Program (AEP)

Texas School for the Deaf understands that not all students are the same. Some students struggle to remain in class or with relating to peers in an appropriate way while also trying to learn. When this happens, AEP is sometimes recommended. This placement is used for short term, targeted support so students can continue their coursework in a small self-contained setting. This placement is not used for disciplinary reasons. It is used so that students can get the support they need and then return to classes. Some reasons for this placement may be medication stabilization or catch up due to prolonged excused absences, etc.