I was recently contacted by a parent of a child with autism from another state for some advocacy advice. The mother is educated, knowledgeable in defense skills, and is a passionate fighter for her son! She is extremely concerned that her school district is setting her son up for suspension (because of her behavior), so that he can be expelled from school. I have seen many special educators escalate a child’s behavior, call the police and arrest the child. This is the pipeline from school to prison, and it can happen to your child.

According to a recent article, the Bureau of Justice Statistics survey says experts attribute the high percentage of people with disabilities in the nation’s bloated prison population, which has grown 700 percent since 1970, in part to deep-seated problems in the education of children with disabilities. . Here’s another shocking stat: Nationally, at least 73 percent of emotionally disabled youth who drop out of school are arrested within five years, according to a federal study.
What’s a parent to do?

1. Learn about the behavior in general and some of the causes: a. A child’s behavior could well be related to her disability. B. All behavior is a form of communication. against Children often have behavioral difficulties if they are frustrated. D. Keep in mind that there is a strong connection between academic difficulty and behavioral difficulty. In other words, many children who have behavior problems in school also have academic problems. me. The reaction to a child’s behavior will make the behavior better or the behavior worse. This includes at school and at home too! Untrained special education staff may intensify the behavior (make it worse), rather than reduce it (improve it). F. The earlier the behavior is addressed, the easier it is to change.

2. Ask the special educators to look up the ABCs of behavior and track the behavior for a week (writing down their results). A means antecedent (what is happening in the classroom when the behavior occurs), B means behavior (specifically what the behavior is), and C means consequence (what happened because of the behavior, for example: your child yells and yells) . and manages to avoid schoolwork).

3. Advocate for best practices in managing negative behavior (a properly developed Functional Behavioral Assessment (FPA) used to develop positive behavior support/plans). Make sure the plan is “positive” because studies have shown that punishment only works in the short term to change behavior in positive ways.

4. Learn about federal and state special education laws related to the discipline of children with disabilities. In my 25 years of law practice, I have found that many school districts override the laws to discipline children, and few parents question their ability to do so.

5. Ask for a daily behavior sheet (to be completed and returned home each day) so you can use positive reinforcement at home for good behavior. When educators complete the sheet, they should only write positive comments. The daily behavior sheet can be used in a dispute with special educators (for example: they claim on _________ day that their child did __________, and the sheet does not reflect that). The sheet can be developed by a teacher or by the person conducting the FBA. Make sure all sheets are dated for future reference.

If your school district calls the police on your child and arrests him, you may be able to get help from the judges for special education services. I have seen parents able to help their children receive needed services, if the criminal justice system gets involved. If this happens to your child, proactively advocate for needed special education services. In the end, your child may end up receiving a free appropriate public education and the school district has to provide the services your child needs! Good luck!