Report page 42

Like all students, students with disabilities who display concerning and/or threatening behaviors should be supported by the BTAM process.

Additionally, their unique protections require enhanced collaboration, coordination, knowledge of legal protections, and communication.

SWD are afforded special protections under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 and school teams must ensure these protections are afforded to SWD or those in the special education referral process during and following BTAM.

SWD are entitled to a free appropriate public education (FAPE). FAPE is supported through a team-based program development process, and programming must be designed to enable academic and behavioral progress in light of the student’s circumstances.

When a student’s behavior interferes with their learning or the learning of others, the team must meet to “consider positive behavioral interventions and supports and other strategies to address the behavior” (34 C.F.R. § 300.324(a)(2), 2024, Development, review, and revision of IEP).

SWD are also entitled to disciplinary protections in cases where they are removed from school, or their placement is changed.

While BTAM focuses on early intervention and proactive supports and is not intended to be a disciplinary process, it is important to recognize that it may coincide with disciplinary measures or temporary changes in placement that have implications for SWD.

The BTAM process operates alongside special education protections and does not replace or supersede these protections.

Supporting SWD begins by establishing a strong multi-tiered system of support that promotes a culture of connectedness and belonging for all students. This culture provides the foundation for the early identification of needs and timely and effective interventions for students regardless of IDEA or 504 status.

Early identification and intervention can prevent or reduce the need for more intensive support later.

As part of their MTSS/PBIS implementation process, teams should ensure that SWD are fully included in and benefiting from all tiers of interventions.

In addition to establishing a strong system of preventative support, teams can take further actions to ensure SWD are supported and protected whenever BTAM is involved.