504 plans and the DISABLED student who is the bully

Flare, ASN, BSN · Apr 22, 2013

The disabled student, whether they have a 504 or an IEP, does not have carte blanche to act however they please. I think a lot of the parents don't get this fact and so much time is spent supporting the child and rewarding them that the word "No" is almost never uttered so when the child does start acting out, it becomes quite the issue. In short - i've seen this before. The idea that this child couldn't possibly be capable of saying cruel things or doing wicked things is just not a possibility in their minds. Sometimes it stems from behaviors related to their disability, sometimes it's just pure boundary testing and sometimes it's a clear cut case of troubled peer or teacher relations. Either way, the 504 or IEP does not exempt this child from receiving consequences in line with what the general population of students would get in the same situation. Sure, maybe it isn't appropriate to assign the exact same disciplines, such as a detention or in school suspension, but then a behavior plan needs to be adopted post haste and enforced.

JustBeachyNurse, LPN · Apr 22, 2013

Three letters: FBA and BIP. If the bullying is a manifestation of the disability then agreed alternative discipline needs to be determined. Often the child study team can complete a FBA (functional behavior assessment) and develop a BIP (Behavior Improvement/Implementation Plan) into the 504/IEP which assesses if there are social deficits, relationship issues, specific triggers and unintended rewards for "bad behavior". Sometimes if the proper antecedent can be found the behavior can be stopped before it escalates. The other end is the BIP will detail not only triggers, ways to dissipate the behavior but positive reinforcement rewards and specific consequences for negative behaviors.

OldDude · Apr 22, 2013

Yea, good luck with discipline of such a student. This is my 11th year as a school nurse and I've yet to see an administrator "go there." I've been struck, kicked, bitten, had chairs, pencils, computer monitors thrown at me, etc, etc,... and there was never a "punishment" put in place. Given the same behavior by a general ed student and criminal assault charges and suspention or expulsion would occur.

caregiver1977 · Apr 23, 2013

Thank you. The info I have received from the three of you is more than I have found by asking questions or searching the Internet. I was honestly told, and I quote "Well, if the child has a 504 there is nothing we can do." I asked "well, what if this child seriously injuries another child?" The person told me, "It still wouldn't matter; the injuried child would probably end up in more trouble than the child with the 504." I was told that even if charges were filed at the police station, that nothing would STILL be done!

I just find this so hard to believe, especially since we live in a country with so much school emphasis on anti-bullying. How can this be happening?

JustBeachyNurse, LPN · Apr 23, 2013

Google wrightslaw blog. They have a lot of info on this subject plus a community q& a section and great search feature. Also some good info on individual health plans too.

mmc51264, BSN, MSN, RN · Apr 24, 2013

I think a lot of the parents don't get this fact and so much time is spent supporting the child and rewarding them that the word "No" is almost never uttered so when the child does start acting out, it becomes quite the issue. In short - i've seen this before. The idea that this child couldn't possibly be capable of saying cruel things or doing wicked things is just not a possibility in their minds.

That is a dangerous generalization. I have a child with Type 1, ADHD and a behavior disorder. Believe me, he had heard the word NO. There has to be a determination that unwanted behaviors are not a result of a disability. for example, when my child's BS is low, he gets aggressive. He needs to be held accountable for his actions, which is where the FBP comes in. Read Wright's law. many times there needs to be a manifestation determination hearing before a child with a documented behavior issue can be disciplined.

I am a former teacher, parent of a disabled child and a nurse, albeit, not a school nurse. Kudos to school nurses, I could NEVER do it.

NutmeggeRN, BSN · Apr 24, 2013

Oh yeah! Had a kid whose bigget disability was his mother....when things did not go his way, she was on the phone with OCR-office of civics rights......she wanted every excuse accommodation known to man.....guess where he lives now? He is a guest of the State Dept of Corrections.....and we are all paying for It!

Flare, ASN, BSN · Apr 25, 2013

i've seen that as a recurring pattern, just as i've seen a lot of recurring patterns in special ed. I've had parents come in and challenge me because i've had the audacity to (gasp) give their child a visual acuity screening. but i digress.

I agree, that the source of WHY the behavior is occuring does need to be sought out. As I stated earlier, perhaps it is behavior, and related to their disability. Perhaps there is an underlying medical issue that needs to be addressed. These things have been typically addressed in my experiences, but I know are often not condsidered in all cases and in every district.

Morganalefey · Apr 27, 2013

Just this week, my school had a child (with an IEP and several diagnoses) receive an in school suspension for being violent. After his suspension ended, there was another violent incident, and he has now lost his recess for the rest of the year.

He is a 4th grader.

So, my school, at least, will discipline kids like this.

caregiver1977 · May 3, 2013

Oh yeah! Had a kid whose bigget disability was his mother....when things did not go his way, she was on the phone with OCR-office of civics rights......she wanted every excuse accommodation known to man.....guess where he lives now? He is a guest of the State Dept of Corrections.....and we are all paying for It!

I can totally see this happen to some students I know. It is like we are talking about the same child. The bad part about it is that many of these children have the potential to do so much better.

I just wish that the schools and the parents would realize that coddling these students is NOT preparing them for the real world. The police will not be so kind.

mmc51264, BSN, MSN, RN · May 7, 2013

They have a disability and may NOT be able to control their behavior!!!!! They need help and structure, not discipline. Many autistic children have behavior issues. Are you all saying they should be disciplined for their DIAGNOSED disability. I am greatly saddened at the attitudes displayed here. I am a parent of a child with a medical and behavioral disability. I am also a nurse (not a school nurse) now after being a teacher specializing in special children. I understand the frustration, but the kids deserve to have an advocate that understands their MEDICAL conditions. I am glad some of you are not nurses in my child's school.