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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	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	Student with Disability It is the policy of this state to treat with dignity and respect all students, including students with disabilities who receive special education services… A student with a disability who receives special education services… may not be confined in a locked box, locked closet, or other specially designed locked space as either a discipline management practice or a behavior management technique.
5	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
6	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)
7	Seclusion Exemptions A school district employee or volunteer or an independent contractor of a district may not place a student in seclusion. This subsection does not apply to the use of seclusion in a court-ordered placement, other than a placement in an educational program of a school district, or in a placement or facility to which the following law, rules, or regulations apply… TEC § 37.0021(c)
8	Commissioner’s Rule TAC §89.1053 Develops new rules related to the use of restraint and time-out Defines emergency situation
9	House Bill 1314 78^th Legislative Session Amends TEC § 37.0021 Creates new subsection regarding exemptions
10	Restraint USE Used only in an emergency Physical harm Property destruction Requires documentation and notification Reported in PEIMS 2003-04
11	Restraint 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
12	Time-Out USE Used in conjunction with array of positive behavior intervention strategies Included in IEP/BIP if recurrent Required documentation to assess effectiveness
13	Time-Out TRAINING Provided for general/special personnel who implement time-out according to IEP Include in scope of positive behavior interventions Deadline—4/1/03
14	House Bill 1314 78^th Legislative Session Amends TEC § 37.0021 Creates new subsection regarding exemptions
15	TEC § 37.0021 Exemptions This section and any rules or procedures adopted under this section do not apply to: A peace officer while performing law enforcement duties, Juvenile probation, detention or corrections personnel, or An educational services provider with whom a student is placed by a judicial authority, unless the services are provided in an educational program of a school district. TEC § 37.0021(g)
16	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
17	Commissioner’s Rule TEA will convene a stakeholder’s group to obtain input on proposed revisions to Commissioner’s Rule (TAC § 89.1053)
18	The relationship between behavior and learning must not only be considered but acted upon… IDEA Amendments, 1997
19	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
20	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
21	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
22	Are we in this alone? What’s the National PBS Picture?
23	PBS: National Perspective
24	Foundation for PBS
25	Can you imagine ….? Your dentist practicing without a license Your surgeon operating without appropriate skills Your lawyer routinely being expected to violate professional ethics…..
26	Why Do we expect educators to work without adequate knowledge, tools and supports to face the daily challenges of their jobs…..
27	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
28	TBSI Training Modules Module I: Legislative Overview Module 2: Positive Behavior Supports – Schoolwide/Classroom Interventions Module 3: Positive Behavior Supports – Individual Interventions
29	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)
30	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
31	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
32	2003-04 Training Implications Assess core team membership Train additional core team members Train personnel meeting requirements for restraint and time-out use
33	TBSI Training Requirements
34	Statewide Evaluation
35	Evaluation Trail…
36	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
37	…the relationship between behavior and learning must not only be considered but acted upon…. IDEA, 1997