LEGAL ISSUES
The first special consideration arises when students exhibit behav- ioral concerns, such as when children with limited speech engage in chal- lenging behaviors as a form of com- munication. Such behavior can occur when students abruptly take items from others instead of asking for them and may result in their being moved to alternative educational settings because of their having com- mitted disciplinary infractions. In such instances, the IDEA requires IEP teams to conduct manifestation determinations to consider whether students’ misbehaviors are manifesta- tions of their disabilities.
As part of the manifestation deter- mination process, if they have not done so, IEP teams must complete functional behavior assessments (FBAs) to better understand why stu- dents act as they do. Once they com- plete FBAs, IEP teams must develop and implement behavior interven- tion plans (BIPs) to manage students’ actions in schools, including positive behavioral interventions to address the underlying issues.
If BIPs were in place when chil- dren misbehaved, IEP teams must review them and their implemen- tation in order to make needed modifications. Although IEP teams must complete FBAs and BIPs if they deem disciplinary infractions are manifestations of students’ disabili- ties, unfortunately neither the IDEA nor its regulations address their con- tent or form. A less obvious, but equally impor-
tant, situation can occur when stu- dents manifesting high functioning ASD receive failing grades because they do not complete their assigned tasks. In such cases, because students are neither disrupting classes nor posing physical threats to others, teams may overlook the need to consider developing BIPs for them. Still, teams should conduct FBAs to attempt to understand why students are not completing their assigned tasks. IEP teams can then use the data they gather from the FBAs to
develop BIPs to help the students succeed in their schoolwork. The second special consideration is to determine when, and which, students require assistive technology devices and services, items, pieces of equipment, or product systems used to increase, maintain, or improve the functional capabilities of students with disabilities.
If IEP teams agree that students need school-provided assistive tech- nology devices in their homes, then children are entitled to have them there. These devices, which can be costly, may include commercially available, modified, or customized equipment. Assistive technology services include “selecting, design- ing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices” (20 U.S.C. § 1401[2][C]).
If IEP teams agree
that students need school assistive
technology devices in their homes, then children are entitled to have them there.
Moreover, because many students
with ASD experience challenges with fine motor skills causing them to struggle to produce legible text with handwriting, they may need access to devices with keyboards to produce legible text. Likewise, stu- dents with limited speech may need costly augmentative communication systems, computer-based devices that can be costly.
When taking special consid- erations into account, IEP teams and educators may have to call on behavior specialists, such as a board- certified behavior analyst. These behavior analysts have extensive training and experience addressing
40 APRIL 2022 | SCHOOL BUSINESS AFFAIRS
individuals’ engagement in chal- lenging behavior, and are routinely employed to provide home- and school-based services to students with ASD. Similarly, an assistive technology specialist may be called on to address the handwriting and communication challenges some stu- dents with ASD face.
Transition services. Individual- ized transition plans are the primary mechanism in the IDEA designed to prepare students with ASD and other disabilities for postsecondary education, employment, and inde- pendent living when they age out of special education upon graduating from high school or turning 21. Teams must develop and include transition services plans in the IEPs that are in effect when students turn 16 years old. These statements— which establish courses of study addressing the adult-living objectives in students’ IEPs—are critical to helping those with disabilities pre- pare for life after school.
Recommendations
To meet the needs of students with ASD, education leaders may consider the following policy suggestions: 1. Devise sound policies that meet current IDEA and applicable state law directives as well as best prac- tices in special education when seeking to meet the needs of chil- dren with ASD and their parents.
2. Involve representatives of key constituencies in writing and reviewing policies related to meeting the needs of students with ASD. At a minimum, com- mittees should include a school board member, the board’s attor- ney, a building-level administra- tor, the school business official, the director of special education, a regular and a special-education teacher, a school psychologist, a staff member, a faculty member from a local college or university who specializes in special educa- tion, and a parent.
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