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As a Student Behavior Support Specialist (SEL Specialist), my role focuses on developing and implementing behavioral interventions to support students with diverse needs. I collaborate with teachers, administrators, and support staff to ensure that students receive positive behavioral interventions and supports (PBIS) while complying with state and federal regulations.

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Federal Governing Agency – U.S. Department of Education (DOE)

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Federal Governing Agency – U.S. Department of Education (DOE)

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The U.S. Department of Education (DOE) oversees federal education policies and laws, ensuring compliance with IDEA (Individuals with Disabilities Education Act) and Section 504 of the Rehabilitation Act. The Office of Special Education Programs (OSEP) within the DOE enforces IDEA provisions, requiring schools to provide Free Appropriate Public Education (FAPE) and implement Individualized Education Programs (IEPs) for students with disabilities, including those with behavioral needs.

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Source: U.S. Constitution, Fourteenth Amendment – Equal Protection Clause (U.S. Const. amend. XIV)
Full Text: https://constitution.congress.gov/constitution/amendment-14/

Legal Requirements:

Ensures that students with disabilities receive equal protection under the law.

Prohibits discriminatory disciplinary practices that disproportionately affect students with disabilities.

Requires schools to provide due process before suspending or expelling students with disabilities.

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Source: Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400
Full Text: https://sites.ed.gov/idea/statuteregulations/

Legal Requirements:

Ensures students with disabilities, including those with behavioral needs, receive a Free Appropriate Public Education (FAPE).

Requires schools to develop Individualized Education Programs (IEPs) that include Behavioral Intervention Plans (BIPs) when needed.

Protects students by limiting the use of suspension and expulsion for behaviors related to their disabilities.

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Source: Endrew F. v. Douglas County School District RE-1, 137 S. Ct. 988 (2017)
Full Text: https://www.oyez.org/cases/2016/15-827

Legal Requirements & Impact:

Clarified the standard for a Free Appropriate Public Education (FAPE) under IDEA.

Ruled that IEPs must be designed to provide students with disabilities more than minimal educational progress.

Strengthened schools’ obligations to provide meaningful behavioral supports to students with disabilities.

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Federal Regulation

Source: Assistance to States for the Education of Children with Disabilities, 34 C.F.R. §§ 300.324, 300.530-300.536

Full Text: https://www.ecfr.gov/current/title-34/subtitle-B/chapter-III/part-300

Legal Requirements & Impact:

34 C.F.R. § 300.324: Requires IEP teams to consider positive behavioral interventions for students with disabilities displaying behavior concerns.

34 C.F.R. §§ 300.530-300.536: Provides disciplinary protections for students with disabilities, ensuring they are not unfairly removed from educational settings.

Schools must conduct a Manifestation Determination Review (MDR) before suspending or expelling a student for more than 10 days.

Reinforces that behavioral supports must be part of a student’s IEP when needed.

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Local Policy – Lubbock ISD Student Behavior Support (SBS) Program

Source: Lubbock Independent School District – Student Behavior Support (SBS) Parent Information

Full Text: https://www.lubbockisd.org/o/lisd/page/sbs-parent-information

Legal Requirements & Impact:

Provides Positive Behavioral Interventions and Supports (PBIS) to help students with behavioral challenges succeed in school.

Implements Behavioral Intervention Plans (BIPs) for students needing structured behavior support.

Requires collaboration between teachers, parents, and behavior specialists to create individualized support strategies.

Aligns with IDEA and Texas Education Code to ensure legal compliance in addressing behavioral needs.

Aims to reduce disciplinary removals by promoting intervention-based approaches to behavior management.

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1. Implement Positive Behavioral Interventions and Supports (PBIS)

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1. Implement Positive Behavioral Interventions and Supports (PBIS)

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Proactively addresses behavioral challenges through structured support and interventions (Sugai & Horner, 2020).

Reduces the need for exclusionary discipline, lowering legal risks related to IDEA and Section 504 violations.

Ensures students receive appropriate behavioral supports, preventing claims of educational neglect.

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Texas Educators’ Code of Ethics – Standard 1.6: Appropriate Discipline

Full Text: https://texreg.sos.state.tx.us/public/readtac$ext.viewtac

Citation: Texas Administrative Code, Title 19, Part 7, § 247.2 (2020).

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Working as a Student Behavior Support Specialist, I have seen firsthand how legal and ethical standards protect students with behavioral needs. Laws such as IDEA and Section 504 ensure that students receive appropriate interventions instead of exclusionary discipline, reinforcing my commitment to advocating for equitable educational practices. Understanding these legal frameworks has helped me collaborate with educators and administrators to develop behavioral support plans that align with compliance requirements.

These laws have shown me the importance of balancing discipline with support, ensuring that students are not unfairly penalized for behaviors linked to their disabilities.

I feel strongly that educators must be well-versed in legal and ethical responsibilities to create safe and inclusive learning environments.

This knowledge has reinforced my goal of continuing my career in educational leadership, where I can further support teachers and students through policy implementation and advocacy.

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Provide Free Appropriate Public Education (FAPE) and required behavioral supports for students with disabilities.

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References

U.S. Department of Education. (n.d.). Positive behavioral interventions and supports (PBIS). U.S. Department of Education. Retrieved from https://www.ed.gov/pbis

U.S. Department of Education. (2019). Dear colleague letter: School discipline guidance package. U.S. Department of Education, Office for Civil Rights. Retrieved from https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201901-504.html

U.S. Department of Education. (2004). Individuals with Disabilities Education Act (IDEA). Retrieved from https://sites.ed.gov/idea/

Texas Education Agency. (2021). Texas special education guidelines. Texas Education Agency. Retrieved from https://tea.texas.gov/academics/special-student-populations/special-education

Texas Education Code. (2021). Chapter 37. Discipline, Law, and Order. Retrieved from https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm

Texas Administrative Code. (2020). Rule §89.1050. Behavioral Intervention. Retrieved from https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&ti=19&pt=2&ch=89&rl=1050

National Association of Special Education Teachers (NASET). (2021). Manifestation Determination Review (MDR). Retrieved from https://www.naset.org/learn/manifestation-determination-review

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This guide is designed for educators, administrators, special education professionals, and behavior intervention teams who work directly with students requiring behavioral and academic support.

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The Legal Framework for Providing Special Education Supports to Students with Behavioral Needs

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I chose this topic because legal and ethical compliance in behavior support is crucial in ensuring students receive appropriate interventions, avoid exclusionary discipline, and have equitable access to education. Schools must navigate IDEA, Section 504, and state policies to support students with behavioral challenges while protecting their rights. Understanding these frameworks empowers educators to implement legally sound, research-based interventions that improve student outcomes.

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The DOE ensures that states and school districts comply with federal mandates, investigates complaints, and provides funding and technical assistance to support students with disabilities.

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State Governing Agency – Texas Education Agency (TEA)

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State Governing Agency – Texas Education Agency (TEA)

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The Texas Education Agency (TEA) is responsible for implementing state and federal education laws, including Texas Administrative Code Title 19, Part 2, Chapter 89, which outlines special education services and behavioral intervention requirements. The TEA ensures that school districts follow state policies for special education eligibility, behavioral intervention plans (BIPs), and positive behavioral supports.

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Accountability: The TEA monitors compliance, provides training and resources, and investigates violations related to special education services. Schools must adhere to state regulations to avoid penalties and ensure students receive appropriate behavioral supports.

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Source: Texas Constitution, Article 7, Section 1 – Public Education Provision
Full Text: https://statutes.capitol.texas.gov/

Legal Requirements:

Guarantees all students access to a free and efficient system of public education.

Mandates that schools provide appropriate educational supports for students with behavioral needs.

Reinforces the state’s obligation to follow federal laws, such as IDEA and Section 504, in providing special education services.

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Source: Texas Administrative Code, Title 19, Part 2, § 89.1055 – Special Education and Discipline
Full Text: https://texreg.sos.state.tx.us/public/readtac$ext.viewtac

Legal Requirements:

Establishes disciplinary protections for students receiving special education services.

Requires schools to conduct a Manifestation Determination Review (MDR) before suspending or expelling a student with a disability for more than 10 days.

Mandates positive behavioral interventions and supports (PBIS) to reduce exclusionary discipline practices.

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Source: Dallas Independent School District v. Wood, 227 S.W.3d 337 (Tex. App.—Dallas 2008)
Full Text: https://casetext.com/case/dallas-ind-sch-dist-v-wood

Legal Requirements & Impact:

Addressed disciplinary procedures for students with disabilities.

Reinforced that schools must follow IDEA-mandated protections, including Manifestation Determination Reviews (MDRs) before removing students for disciplinary reasons.

Highlighted the legal consequences of failing to provide proper behavioral interventions and procedural safeguards.

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2. Conduct Manifestation Determination Reviews (MDRs) Consistently

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2. Conduct Manifestation Determination Reviews (MDRs) Consistently

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Required under IDEA (20 U.S.C. § 1415) before suspending or expelling students with disabilities for more than 10 days.

Helps determine whether a student’s behavior is linked to their disability, ensuring fair disciplinary procedures (Yell et al., 2019).

Prevents due process complaints and legal challenges related to improper disciplinary actions.

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3. Maintain Accurate Documentation and Compliance Records

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3. Maintain Accurate Documentation and Compliance Records

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Schools must document behavioral interventions, discipline decisions, and parental communication (Zirkel, 2021).

Protects schools from legal liability in case of disputes regarding behavioral support implementation.

Ensures compliance with state and federal regulations, preventing penalties or loss of funding.

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Sugai, G., & Horner, R. (2020). Positive behavioral interventions and supports: History, defining features, and misconceptions. Journal of Special Education, 54(2), 79-87.

Yell, M. L., Katsiyannis, A., Ennis, R. P., & Losinski, M. (2019). Special education law: Cases and materials (4th ed.). Routledge.

Zirkel, P. A. (2021). Legal issues in special education: What teachers and administrators need to know. Education Law & Policy Review, 2(3), 45-67.

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Standard 1.6 states that educators shall not use inappropriate discipline or employ discipline strategies that harm students physically or emotionally.

This aligns with behavior intervention practices in special education, ensuring that students with behavioral needs receive support rather than punitive actions.

Ethical dilemmas arise when educators must balance classroom management with legal requirements, such as avoiding restraint or seclusion unless legally justified under IDEA guidelines.

Educators must ensure that disciplinary actions are fair, legally compliant, and do not discriminate against students with disabilities.

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Implement Positive Behavioral Interventions and Supports (PBIS)

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Implement Positive Behavioral Interventions and Supports (PBIS)

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Use proactive, research-based strategies to reduce disciplinary removals and improve student outcomes.

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Before suspending or expelling a student with disabilities, determine if the behavior is linked to their disability.

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Develop and Follow Individualized Education Programs (IEPs) and Behavioral Intervention Plans (BIPs)

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Develop and Follow Individualized Education Programs (IEPs) and Behavioral Intervention Plans (BIPs)

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Ensure that students with behavioral needs receive personalized interventions and support.

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Provide Proper Staff Training on Legal and Ethical Responsibilities

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Provide Proper Staff Training on Legal and Ethical Responsibilities

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Educators and administrators must understand legal protections, intervention strategies, and ethical considerations in student discipline.

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Maintain Accurate Documentation of Interventions and Discipline

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Maintain Accurate Documentation of Interventions and Discipline

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Keep thorough records to demonstrate compliance, support student needs, and prevent legal disputes.

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Follow State and Local Special Education Regulations

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Follow State and Local Special Education Regulations

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Adhere to Texas Education Code and district policies for behavioral support and discipline procedures.

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Engage Families and Collaborate with Multidisciplinary Teams

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Engage Families and Collaborate with Multidisciplinary Teams

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Work with parents, counselors, and special education teams to develop legally compliant and effective support plans.

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Limit the Use of Restraint and Seclusion 

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Limit the Use of Restraint and Seclusion 

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Only use restrictive interventions when legally justified and document incidents as required by law.

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Stay informed about changes in federal, state, and local laws to ensure continued compliance and best practices.