Report page 43

The following considerations are recommended for school teams to ensure SWD are effectively supported during the BTAM process. Additionally, they are provided to help teams understand the specific protections that must be afforded to SWD and when those may apply.

The BTAM team must include one or more individual(s) with knowledge of federal and state special education laws and regulations, even if the referred student is not currently identified as having a disability.

This individual can help the team understand procedural requirements (e.g., relevant timelines, evaluation procedures) and substantive requirements (e.g., when to convene the entire IEP team, interpretation of previous evaluations, the applicability of change of placement determinations). This expertise can help protect against over-referral to special education and ensure appropriate protections are in place throughout the BTAM process.

In the case of a BTAM referral for a student who currently has an IEP or 504 plan or is currently in the evaluation process, key members of that student’s individualized team must be included in the BTAM process.

Anytime behaviors of a SWD rise to the level of a threat assessment, the full IEP team, including the parents and student (if over age 15), should meet to review the IEP, consider necessary changes to appropriately address the student’s behavior(s) and needs, and any needed evaluations (e.g., FBA).

In general, BTAM procedures for identifying student concerns should be fully inclusive of SWD. That is, BTAM referrals for SWD should follow the same schoolwide procedures as for any other student, but with the inclusion of the student’s IEP team in the threat assessment process.

SWD should be included in any existing schoolwide screening or data systems MTSS/PBIS or BTAM teams use to assess risk or make referrals. This ensures that teams can access the information they need to make informed decisions.

However, it is also important to recognize that SWD, especially those of color, are more likely to be referred for concerning behavior (Burnette et al., 2020; Cornell et al., 2018).

Teams should monitor referrals and outcomes to ensure SWD are not overrepresented in BTAM procedures.

Schools can improve reporting accuracy by ensuring that clear definitions of concerning behavior are developed and shared and include examples and non-examples that support differentiating individual characteristics that may be related to a student’s personal identity (i.e., their disability) from clearly concerning and/or threatening behaviors.

Additionally, under Child Find, a part of the IDEA, schools are responsible for identifying and evaluating students needing specialized services and supports.

Because concerning behaviors may indicate unmet needs related to a disability,