IDEA Complaint Decision 03-018

On March 21, 2003, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Bristol #1 School District. This is the department's decision regarding that complaint. The issue is whether the district implemented a behavioral intervention for a child with a disability.

The parents maintain that the school staff did not implement the child's IEP when the child displayed dangerous behavior toward self and others. The parents believe the staff did not follow the behavioral intervention, "reduce confrontation, give [student] time to cool down in specified location" when the staff removed the child to the principal's office to allow him to cool down and to provide a safe place. This removal was consistent with the behavior intervention. The child's behavior continued to escalate and district staff called for police assistance. Special education law does not prohibit district from seeking police assistance in such circumstances.

On April 4, the IEP team, including the parent, met to review and revise the child's IEP. The behavioral intervention plan includes the interventions and locations, such as special education area or alternate location, associated with the type of behavior displayed. In this IEP, alternate location means when the child's behavior is harmful to self and others then the child will be removed to the nearest unoccupied room to de-escalate the behaviors. The behavioral interventions are also addressed under the special education, supplementary aids and services, and annual goals sections of the IEP. On May 8, the special education director met with the parents to discuss any remaining concerns regarding the child's current IEP and behavioral plan.

This concludes our review of this complaint, which we are closing.

//signed CST 5/20/03
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy

For questions about this information, contact Patricia Williams (608) 267-3720