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My professional perspective is child behaviors.  I am currently a behavior interventionist with the Arlington Independent School District and have 14 years of experience working in public schools.  Most of my teaching career has been spent in the middle-school setting, helping students address their behavior disorders so they can become more academically successful.
I am currently a student at Angelo State University, working on my master's degree in school counseling.
Purpose
This Legal Guide serves as a resource for counselors and other educators that work with emotionally or behaviorally disabled students.  I chose this topic because of the common practice of placing students with emotional or behavior disorder (EBD) into general education classrooms.  As a result, I believe many of these students do not get the support they need.  This legal guide will help explain the impacts of EBD and how teachers and school counselors have a duty to serve their needs better.

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I met with Mrs. Terri Johnson, the school counselor at Carter Middle School in Arlington, Texas, and asked her about serving students with EBD.
Impacts of EBD on Counselors
Mrs. Johnson explained that not all general education teachers who have EBD students in their classrooms are equipped to deal with the additional challenges they can bring.  These students are often sent to the counselor's office because of a teacher's lack of training for dealing with EBD.  This action is often the case if a student with EBD has not yet been formally evaluated for special education services.
Best Practices for EBT Students
Mrs. Johnson listed the three best practices for working with EBD students to be:

Evaluation - Threat assessments for students who threaten to harm themselves or others.

Curriculum - Consisting of social skills development to teach students to interact with others and to help control their behaviors.

Relationship -  Develop  positive relationships with students to encourage an open and honest dialog.

Emerging Issues for Counselors
Mrs. Johnson stated that school safety and the implementation of Senate Bill 11 will directly impact school counselors.  Senate Bill 11 requires that school districts create a threat assessment and safe and supportive school team to serve at each campus.  As a response to this legislation, the district has teamed up with local mental health and law enforcement agencies to identify students who may present a public safety concern.  Mrs. Johnson believes that school safety issues, in general, will present additional challenges and responsibilities for school counselors working with EBD students (T. Johnson, personal communication, December 2, 2019).

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Slide 3 -  ASCA Report on School Counselors Serving Students With Disruptive Behavior Disorders 

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Slide 3 -  ASCA Report on School Counselors Serving Students With Disruptive Behavior Disorders 

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The American School Counselor Association (ASCA) published a report about school counselors working with students that have disruptive behavior disorders.   This valuable tool helps inform school counselors about EBD and its impacts. The report:

Points out how school counselors are in a prime position to both prevent and respond to the challenges that disruptive behavior disorders present;

Explains the different classifications, types, and characteristics of EBD;

Discusses the many challenges that EBD can present to the school counselor;

Identifies the many beliefs and practices that appear to play a role in determining who is seen as having behavioral problems  (Grothaus, 2013).

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Slide 4 -  News Article: Most Classroom Teachers Feel Unprepared to Support Students With Disabilities

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Slide 4 -  News Article: Most Classroom Teachers Feel Unprepared to Support Students With Disabilities

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This Education Week article discusses how most teachers lack training in how to meet the needs of students with disabilities.  A survey from two national advocacy groups finds:

Only 30% of general education teachers feel that they can successfully teach students with learning disabilities;

Just 50% believe those students can reach grade-level standards;

At least one-third of teachers reported that they have not participated in professional development on serving students with disabilities in the classroom;

Special education teachers are concerned about the ability of general education teachers and supervisors to work with students who have disabilities (Mitchell, 2019).

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Less than 1 in 5 general education teachers feel "very well prepared" to teach students with mild to moderate learning disabilities, including ADHD and dyslexia, according to a new survey from two national advocacy groups.

The survey found that only 30 percent of general education teachers feel "strongly" that they can successfully teach students with learning disabilities-and only 50 percent believe those students can reach grade-level standards.

Overall, the findings depict a teaching corps that considers itself ill-equipped to meet the needs of millions of children with disabilities in the nation's public K-12 schools and clings to misconceptions about student learning and attention issues.

In compiling their report, the two groups-National Center for Learning Disabilities and Understood.org-surveyed a nationally representative sample of 1,350 teachers; convened teacher focus groups in California, Ohio, and North Carolina; researched teacher certification requirements in all 50 states; and distilled the findings from 150 academic articles to learn more about effective teaching methods for students with disabilities.

At least one-third of the respondents reported that they have not participated in professional development on serving the students with disabilities in their classrooms. ( Education Week wrote about how many teachers lack training in how to meet the needs students with disabilities for a special report on blind spots in professional development.)

In one of the more surprising findings, a quarter of the survey respondents indicated that they believe ADD/ADHD diagnoses result from poor parenting, evidence that "some teachers express beliefs suggesting they are unaware of scientific findings showing that learning disabilities and ADHD are based on differences in brain structure and function."

Overall, the survey respondents indicated the problems begin in teacher preparation programs, well before education students lead a classroom: Many teachers reported they were not required to take courses in working with students with disabilities or found that the courses they did take left them unprepared to work with all students. The work also details how states' policies for educator certification have set a "low bar" for preparing general educators to teach students with disabilities. According to the National Center for Learning Disabilities research, fewer than 10 states have specific coursework requirements for teaching students with mild to moderate learning disabilities

"In effect, almost every state has failed to bring their licensure or certification standards in line with our new reality: Every general education teacher will surely have students with these high-incidence disabilities in their classroom," the report finds.

The report's definition of mild to moderate learning disabilities includes: dyslexia, dysgraphia, dyscalculia, ADD, ADHD, processing disorders, or other language-based learning disabilities. The definition does not include students with autism spectrum disorders, oppositional defiant disorders, or unrelated emotional issues.

In an attempt to address some of the concerns general education teachers have, the report authors outline steps that teachers, school leaders, district leaders, families, and policymakers can take to improve education for students with learning disabilities and a glossary to help readers understand key terms. The recommendations include creating more time for collaboration among teachers and education specialists, focusing on family engagement, advocating for dual certifications in general education and special education, and prioritizing professional development opportunities for teachers and principals. The report also identifies eight key practices, including targeted instruction and universal design for learning, that educators can use in classrooms to boost the achievement of all students.
Differing Opinions on IEPs
The findings square with the conclusions of a survey released by the Council for Exceptional Children earlier this year. That survey found that special education teachers are concerned about the ability of general education teachers and supervisors to work with students who have disabilities.

Of the special education teachers who participated in the Council for Exceptional Children's survey, fewer than 15 percent thought their general education colleagues were highly prepared to work with students with disabilities.

Both sets of teachers felt they weren't given ample time to plan with peers and had questions about their ability to co-teach with colleagues.

The two surveys do highlight a key difference in how special education and general education teachers view IEPs: the special education teachers see the individualized education plans as essential documents that play a large role in determining student and teacher success; their general education colleagues are more likely view IEPs as mere paperwork.

Of the general education teachers who participated in the National Center for Learning Disabilities and Understood survey, just 56 percent of teachers believed IEPs provide value to students, and just 38 percent believe IEPs improve their teaching.

"Focus groups and teachers surveyed both point to the challenges of remembering accommodations for each child and to the perception that IEPs and 504 plans often include accommodations or services that are not necessary," the report found.

That clashes with the findings from the Council for Exceptional Children survey, where respondents indicated that having adequate resources to meet student IEP requirements and the support of administrators during the IEP process were among the top three things that special education teachers need to be successful.

While general education teachers were pessimistic about their ability to work with students with disabilities, many of the survey respondents expressed an interest in learning how to better support them.

"When teachers felt negatively about inclusion, the feelings were driven by concerns and frustrations about their own ability to meet the students' needs," the report concludes.

Here's a look at the National Center for Learning Disabilities and Understood.org report:

Forward Together NCLD Report by corey_c_mitchell on Scribd
Related Reading Overlooked: How Teacher Training Falls Short for English-Learners and Students With IEPs Special Education a Growing Priority in Teacher Training Circles What it Takes to Make Co-Teaching Work Survey Offers Front-Line View Into Special Education Image Credit: National Center for Learning Disabilities

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Most Classroom Teachers Feel Unprepared to Support Students With Disabilities

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A survey from the National Center for Learning Disabilities and Understood.org finds a teaching corps that lacks confidence in their ability to meet the needs of millions of children with disabilities in the nation's public K-12 schools, but wants the training, support, and guidance to improve.

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Slide 5 - News Article:  Students With Emotional Disabilities: Facts About This Vulnerable Population

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Slide 5 - News Article:  Students With Emotional Disabilities: Facts About This Vulnerable Population

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This article by Education Week discusses students with emotional and behavioral disabilities and how they are
distinguished by their impact on school performance.  Here is some of what is known about this population:

There are over 335,000 emotionally disabled students nationwide;

Students with behavioral disabilities are more likely than their peers in general education to be both the victims and perpetrators of bullying;

Behavior disabled students are a small part of the disabled student population, but struggle the most in school (Samuels, 2018).

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Advocates fear stigma, misunderstanding in wake of Florida shooting

The academic past of Nikolas Cruz, the accused mass shooter at Marjory Stoneman Douglas High School in Parkland, Fla., was littered with red flags suggesting serious emotional problems.

News outlets that have reviewed Cruz's disciplinary records and interviewed his teachers paint a picture of a young man prone to violent outbursts and fascinated with weapons. In high school, he spent time in a Broward County public school that specializes in serving students with emotional and behavioral disabilities. The Associated Press has reported that a high school resource officer who was also a sheriff's deputy and two school counselors recommended in September 2016 that Cruz be committed for mental evaluation under Florida's Baker Act. That law allows for involuntary commitment for mental health examination for at least three days.

The intense focus on Cruz's mental health history in the wake of the Feb. 14 school massacre has worried some of those who work directly with students who have mental health needs, such as those receiving special education for an "emotional disturbance," the official term used in federal special education law. The classification already carries a stigma, and those students already have some of the worst outcomes among students with disabilities.

Emotional disturbances, also called emotional/behavioral disabilities, are distinguished by their intensity and impact on school performance.

Students in special education for an emotional disturbance are not more likely than their peers to be school shooters. In an exhaustive examination of targeted school shootings between 1974 and 2000, the U.S. Secret Service and the U.S. Department of Education found that while perpetrators commonly described being bullied or persecuted and had thoughts of suicide, they generally did not have a history of mental health evaluations or diagnosis with a mental disorder.

But Cruz's known struggles in school have vaulted mental health to the front pages. And the tension between a school's responsibility to support students with mental health issues and the need to keep students from harm is now on full display.

Cruz received services both in traditional public school and in a specialized program. After a rocky re-entry to Stoneman Douglas, school officials recommended he return to the alternative placement. But he waived his right to special education services at age 18 with the support of his mother, Superintendent Robert Runcie told the Sun-Sentinel newspaper.

Runcie has ordered a full evaluation of Cruz's educational record.

"While we cannot undo this heartbreaking attack on our school community ... we can and must do what we can to understand the conditions that lead to such acts, in hopes of avoiding them here and elsewhere," Runcie said in a statement.

More than 335,000 students nationwide are identified as having an emotional disturbance. Here's some of what we know about this population:
Students with emotional disturbances are a small part of the population of students with disabilities.
About 6 percent of students with disabilities are classified as having an emotional disturbance nationally. In comparison, about 39 percent have a specific learning disability, such as dyslexia, and 17 percent have speech and language impairments.

But the numbers don't tell the full story. Emotional disorders can be a part of other disabilities; for example, a student with a learning disability could also be coping with anxiety or obsessive-compulsive disorder, both of which fall under the umbrella of "emotional disturbance."

And then there are students who may have all the features of an emotional disturbance, but are never identified as having a disability. The "emotional disturbance" label does not indicate that a student's problems are more severe than some other student who never gets that label.

"There's just a lot of randomness in who is able to get through that door," said Mark Weist, a professor at the University of South Carolina and founder of the Center for School Mental Health. "It depends on the school, it depends on the leadership."

Part of the concern is money, Weist said. Schools are legitimately concerned about how to pay for some services that students might need, so they enact "these artificial barriers to slow down the process."
Students with emotional disturbances face some of the steepest challenges of students in any disability group.
Students identified with emotional disturbances have lower graduation rates and higher dropout rates than other students in special education. They are more likely than other students with disabilities to face long-term suspension or expulsion.

In the 2016-17 school year, fewer than half of students in this disability category spent most of the day in a general education classroom. And while about 3 percent of students with disabilities overall were in separate schools, 13 percent of students with emotional disturbances were.

Students with disabilities in general, and behavioral disabilities in particular, are more likely than their peers in general education to be both the victims and perpetrators of bullying. Students with emotional disturbances also face high rates of self-harm.

One school known nationally for its work for students with emotional disabilities and autism is Centennial School, in Lehigh, Pa. The school serves students from elementary through high school who are placed there by several surrounding school districts. The school serves about 100 students each year, with the goal of returning them to their home setting.

Centennial has been profiled for its elimination of restraint, seclusion, and time-out rooms. Instead, the school has clear behavioral expectations and works under the assumption that students will need to be explicitly taught those expectations, as they would be taught math or English.

When students act out, "we treat those behavior errors as if they're an academic error," said Julie Fogt, the director of Centennial School. "We need to teach them a better way. We're not going to punish it out of them."
Students with emotional disturbances can be suspended or expelled.
Critics often single out special education students in discipline discussions, saying that the law makes it hard for schools to aggressively handle disruptions from students with disabilities.

Students with disabilities are frequently suspended and expelled, however. Federal data from the Education Department found that about 12 percent of students with disabilities faced that discipline, compared with 5 percent of students overall.

Within the universe of children and youth with disabilities, 25 percent of long-term suspensions and expulsions are of students with emotional disturbances, though they represent a fraction of the special education population.

"The notion that a kid can't be disciplined if they have special needs" is incorrect, said Mark Martin, an parent attorney based in Baltimore. "A principal can go ahead and do that." But once a suspension reaches more than 10 consecutive days, the law says that students with disabilities are entitled to a "manifestation determination" to see if the problem behavior is tied to his or her disability. Certain offenses, such as carrying a weapon, using or selling drugs, or causing injury, allow schools to unilaterally make the decision to remove a student from a school.

"A manifestation meeting is not a 'get-out-of-jail free' card," Martin said.

And expulsion carries its own risks, said Joseph Erardi, the former superintendent of schools in Newtown, Conn. He joined that district in 2014, two years after the deadly mass shooting that killed 20 students and six staff members at Sandy Hook Elementary School.

He led a group of superintendents who wrote a paper offering best practices for school leaders around mental-health issues in students.

"One of the greatest takeways is that social isolation at any point for a complex youngster is clearly an opportunity for that child to move into a more difficult space in his or her life," Erardi said. Expulsion of such a student is "extraordinarily counterproductive to the best interest of that child."
There are successful tools for working with these students. But help often comes late in a student's academic career.
A little over half, 52 percent, of students with emotional disturbances are 13 to 17 years old. For the special education population overall, it's 34 percent.

There's a couple of reasons behind that, said Sharon Hoover, an assistant professor of child and adolescent psychiatry at University of Maryland School of Medicine, and the co-director of the Center for School Mental Health. Some mental-health issues manifest themselves in adolescence, and some student problems aren't officially diagnosed until they're hard to ignore-and hard to treat.

But schools have developed ways to support students with mental health needs, Hoover said. One model used in Baltimore County, Md., brings community-based mental health providers directly into the schools so that they can provide counseling and other support services.

Having more trained counselors available, plus universal screening for mental health concerns "are not easy fixes, but they're the natural solutions," Hoover said.

"There are a lot of interventions that have demonstrated success," Hoover said, and they don't involve harsh discipline or arming teachers-suggestions coming from the White House. But in the immediate aftermath of a tragedy, those interventions can be forgotten, she said.

"We need to create conditions for kids to feel connected." she said.

Published in Print: March 21, 2018, as Fact Sheet: Students With Emotional Disabilities

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Students With Emotional Disabilities: Facts About This Vulnerable Population

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The academic past of Nikolas Cruz, the accused mass shooter at Marjory Stoneman Douglas High School in Parkland, Fla., was littered with red flags suggesting serious emotional problems. News outlets that have reviewed Cruz's disciplinary records and interviewed his teachers paint a picture of a young man prone to violent outbursts and fascinated with weapons.

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Slide 6 - Constitutional Law: The 14th Amendment to the U.S. Constitution (U.S. Const. amend. XIV, § 1) 

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Slide 6 - Constitutional Law: The 14th Amendment to the U.S. Constitution (U.S. Const. amend. XIV, § 1) 

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This amendment includes the Equal Protection Clause, which mandates that no state shall “deny to any person within its jurisdiction the equal protection of the laws” (U.S. Const. amend. XIV, § 1).  Although the Equal Protection Clause provides relatively little protection for the disabled, it has opened the door for federal legislation to be produced, addressing the rights of all disabled people (Altman, 2018).

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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875

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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875

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Slide 7 - Statutory Law:    The Education for All Handicapped Children Act (20 U.S.C. § 1400)  

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Slide 7 - Statutory Law:    The Education for All Handicapped Children Act (20 U.S.C. § 1400)  

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This act requires all federally funded public schools to provide equal access to education for children with either physical or mental disabilities.  The law mandates that public schools evaluate children with disabilities and create education plans that would provide an equivalent educational experience as compared to non-disabled students (U.S. Department of Education, 2007).

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Slide 8 - Judicial Law:  Board of Education v. Rowley (1982)  

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Slide 8 - Judicial Law:  Board of Education v. Rowley (1982)  

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The Supreme Courts' first special education decision.  The Court ruled on the Education for All Handicapped Children Act of 1975 (20 U.S.C. § 1400) mandate that federally funded schools provide free and appropriate education to students with disabilities.  The Court found that the Act's requirement meant schools must provide equal resources and access to education for both disabled and non-disabled children (Cornell Law School, n.d.).

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Slide 9 - Administrative Law: Eligibility Criteria - Title19, Chapter 89, § 89.1040 of the Texas Administrative Code  

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Slide 9 - Administrative Law: Eligibility Criteria - Title19, Chapter 89, § 89.1040 of the Texas Administrative Code  

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This law recognizes students with a qualified emotional disturbance as disabled and allows them to receive special education services.  The law specifies the criteria for determining if a student's psychological condition meets the definitions found in federal or state law.  If a student qualifies, they must be evaluated and recommended for behavioral supports and interventions (19 TAC § 89.1040).

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Education rules concerning special education services

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Slide 10 - Local Administrative Policy: Arlington ISD Student Code of Conduct   

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Slide 10 - Local Administrative Policy: Arlington ISD Student Code of Conduct   

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The Arlington Independent School District (2019) Student Code of Conduct Guide includes rules on the discipline of students with disabilities.  The  Levels of Student Misbehavior's and Corrective Actions section states that all disciplinary measures must take into consideration the student’s Individualized Education Program.  This policy does not mean disabled students are not disciplined, only that their disability must be considered before any form of punishment is decided.

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Slide 11 - Ethical Principle for the School Counselor

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Slide 11 - Ethical Principle for the School Counselor

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The American School Counselor Association (ASCA) Ethical Standards for School Counselors section A.8.f states:  "Advocate for the equal right and access to free, appropriate public education for all youth, in which students are not stigmatized or isolated based on their...disability, special education status, mental health or any other...or special need" (ASCA, 2016, p. 5).
Special education students with behavior disabilities are often looked upon as bad kids. School counselors must work to help them overcome their disabilities and succeed academically.

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Slide 12 - Non-Law Source:  Classroom Management for Students with Emotional and Behavioral Disorders: A Step-By-Step Guide for Educators Book

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Slide 12 - Non-Law Source:  Classroom Management for Students with Emotional and Behavioral Disorders: A Step-By-Step Guide for Educators Book

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This step-by-step guide for educators offers information and guidance on how to work with students with emotional and behavioral disorders. The book helps educators:

Identify possible emotional or behavioral disorders;

Understand the behaviors of students with emotional and behavioral disorders;

Implement classroom management strategies;

Understand and apply principles of reinforcement (Pierangelo & Giuliani , 2008).

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Classroom Management for Students with Emotional and Behavioral Disorders

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Classroom Management for Students with Emotional and Behavioral Disorders book. Read reviews from world's largest community for readers. This comprehensi...

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Slide 13 -  List of Important Recommendations for School Counselors

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Slide 13 -  List of Important Recommendations for School Counselors

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The following list consists of recommendations and best practices most important for working with emotionally or behaviorally disabled students.

Refer any student exhibiting intense or persistent behavior difficulties in a general education classroom or elsewhere for a full individual and initial evaluation for possible special education services (19 TAC § 89.1011).

Follow all behavior intervention plans when working with EBD students (19 TAC § 89.1001).

Report to parents and-or appropriate authorities any student that you perceive as representing a threat to themselves or others (ASCA, 2016).

Thoroughly understand and apply the requirements of the Education for All Handicapped Children Act of 1975 (20 U.S.C. § 1400), as well as all other legislation regarding the rights of the disabled.

Remember your duty as a school counselor to advocate for equal right's and access to a free and appropriate public education for all disabled students (ASCA, 2016).

Utilize all your available resources for education on the different classifications, types, and characteristics of EBD (Grothaus, 2013).

Encourage all teachers to participate in professional development on serving students with disabilities in their classrooms (Mitchell, 2019).

Seek guidance from professional peers and others on how to work with students with emotional and behavioral disorders (Pierangelo & Giuliani , 2008).

Stay informed and up-to-date on all school district policies regarding disabled students on your campus.

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Altman, N. (2018, September 10). Disability and the Constitution. Retrieved from https://www.aapd.com/disability-and-the-constitution/

American School Counselor Association. (2016). ASCA ethical standards for school counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

Arlington Independent School District. (2019). Student Code of Conduct Guide, Levels of Student Misbehavior's and Corrective Actions Section. Retrieved from https://www.aisd.net/wp-content/files/Student-Code-of-Conduct-English.pdf

Board of Education of the Hendrick Hudson Central School District v. Rowley, 458 U.S. 176 (1982).

Cornell Law School. (n.d.). Board of education of the Hendrick Hudson Central School District v. Amy Rowley. Retrieved from https://www.law.cornell.edu/supremecourt/text/458/176

Education for All Handicapped Children Act, 20 U.S.C. § 1400.

Eligibility Criteria, 19. Tex. Admin. Code § 89.1040.

Grothaus, T. (2013, January 1). School counselors serving students with disruptive behavior disorders. Retrieved from https://www.schoolcounselor.org/asca/media/asca/ASCAU/Mental-Health-Specialist/Grothaus.pdf

Mitchell, C. (2019, May 29). Most classroom teachers feel unprepared to support students with disabilities. Retrieved from https://blogs.edweek.org/edweek/speced/2019/05/teachers_feel_unprepared_to_teach_students_with_disabilities.html

Pierangelo, R., & Giuliani, G. (2008). Classroom management for students with emotional and behavioral disorders: A step-by-step guide for educators. Thousand Oaks, CA: Corwin Press.

Samuels, C. (2018, March 19). Students with emotional disabilities: Facts about this vulnerable population. Retrieved from https://www.edweek.org/ew/articles/2018/03/21/students-with-emotional-disabilities-facts-about-this.html

Scope and Availability, 19. Tex. Admin. Code § 89.1001.

U.S. Const. amend. XIV, § 1.

U.S. Department of Education. (2007, July 27). Archived: 25 Year history of the IDEA. Retrieved from https://www2.ed.gov/policy/speced/leg/idea/history.html