Law

Understanding how to develop procedures and paperwork documentation that adheres to current federal and state law related to behavior can be daunting, especially in relation to special education law. As laws change, the PENT Director will post updates in this website section. The following documents and links have been found helpful by PENT members as they train educators on legal issues related to behavior. These documents refer in particular to IDEA Reauthorization 1997 as well as current California law. When IDEA is reauthorized again, these documents will be aligned to the new law.

• Reauthorization of IDEA 2004 PowerPoint by John Namkung
• Addressing "Behavior That Impedes Learning" As Mandated by IDEA Reauthorization
• Bus Suspension
• Coordination of Plans: Behavior Support Accommodation and Mental Health Treatment
• IDEA Behavior Language In Law
• IDEA Conceptual Underpinnings Shifting Our Understanding of Behavior
• Is An Assessment Plan Necessary? - published in LRP Special Educator
• Functional Behavioral Assessment Summary
• Guide to Behavior Terminology
• Manifestation Determination Analysis Summary Sheet - IDEA - published in LRP Special Educator
• Shortened Day Appropriate and Inappropriate Uses Concepts Guidelines and Examples
• Shortened Day - Use Guidelines to Administer For Students with Problem Behavior - published in LRP Special Educator
• Principal Duties: Suspension Beyond 10 Cumulative School Days in a School Year - IDEA
• Principal/Special Ed Teacher Duties: Determining Services for Suspension Past Cumulative 10 School Days - IDEA

California's Specific Law on Discipline and Behavior

• Addressing Behavior in Educational Settings in California
• Behavior Plans in California Flow Chart (Emergency Intervention)
• Behavior Plans in California Flow Chart (Non-Emergency Intervention)
• California's BICM Requirements - A Certification Training presented by Pamela Ptacek and Judith Holiber: Part 1 | Part 2 | Part 3
• Positive Behavioral Intervention Plan for Severe Behavior: Self-Injurious, Assaultive, Serious Property Damage, and other Pervasive, Maladaptive Behavior:
  1 - Coversheet | 2 - FAA Data Collection | 3 - Core Plan | 4 - PBIP Data Collection
• Checklist of Components for FAA/PBIP - California's Ed Code on Serious Behavior
• Checklist of Components for FAA/PBIP for Serious Behavior (Annotated)
• Managing Requests for an FAA - California's Ed Code on Serious Behavior
• Top 10 E-Mail & Phone Queries on FAA-PBIP I Have Received in the Last Five Years

Links to Federal and State Law and Legal Trainings:

• Laws, Regulations, & Policies - To access current federal and California state laws as well as pending legislation
• Lozano Smith Law Firm - PowerPoint presentations are frequently posted on their website for legal trainings this law firm provides
• Wrightslaw - A legal search website
• FindLaw - Website access to all federal and state laws
• Laws, Regs, and Policies Special Education Hearing Office Orders and Decisions Database