Milwaukee Public Schools have been cited in a recent report  for the overuse of suspensions.  Over reliance on suspensions reflect a lack of effective positive behavioral interventions in favor of "remove the child, remove the problem." The reality is that when the student comes back to school he or she is even more likely to offend again because he or she is now behind in work, class is not relevant and so the cycle goes. The process too often ends with students with special needs dropping out or becoming involved in criminal activity while out of school on suspension. I fully appreciate that order and discipline need to be maintained in school but more constructive and positive means need to used to prevent this harmful cycle that does not help students, schools or the larger community.

Too often the emphasis is on the failures of students especially those with severe emotional and behavioral issues. These students are considered a lost cause. The Foundation School has developed a highly individualized therapeutic approach is turning around the lives of students that the system had otherwise given up on. The last I checked they do not build their approach on aversives such as electrical shock, and achieve remarkable results with students going on to productive lives. Creativity, highly tailored programming on an intensive basis is what is required to reach students who have significant needs but the rewards are great in human and economic terms.

I believe that for many students with special needs there are many behaviors, from speaking out of turn to physical acting out, which are not fully culpable 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. Crafting that teachable moment requires balanced team decision-making. Unfortunately that decision-making is frequently after a serious behavioral episode, when staff, parents and student are all in a highly agitated state and balanced and rationale discussions are not on the menu of options.

On many occasions I have discussed and debated discipline  and behavioral planning with opposing counsel. Not surprisingly the balance seems clearer to them; their first and primary responsibility is to maintain order, with punishment being a required element. 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 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 foundational 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. Dr. Peterson, 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. There does not need to be so much ongoing "confusion". We know what needs to be done; it is critical that we apply safe, humane and effective means of behavioral intervention.

The U.S, Supreme Court in the case Serafin v. School of Excellence in Education (Case No. 07-9760) refused to review a case brought by an 18 year old student for injuries she suffered when she was paddled in school for a minor infraction of  school rules. This case could have had far reaching consequences relating to student’s substantive rights in school (perhaps even special students). Given the current environment, that is so excessively focused on order even at the expense of law this case should not be so surprising.

Schools are frequently in a hurry to call things behavioral, manipulative or purposeful when they are confronted with situations that are challenging. In this instance, "behavior" has a negative connotation, unlike the IDEA definition which is value neutral. The following are some suggestions for school personnel and parents to engage in a more positive discussion and to help tease out behaviors from other factors.

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