Considerations for Supporting Students with Disabilities Throughout the BTAM Process

Multi-tiered systems of support, like PBIS, include all students across all levels of support – including students with disabilities.

At the Tier 1 level, students with disabilities (SWD), like all students, benefit from a varied menu of universal supports that are well-designed and intended to set all students up for success through proactive prevention.

These universal supports facilitate inclusive school cultures that benefit students with disabilities.

Additionally, like all students, students with disabilities may have targeted and intensive needs that can be supported by Tier 2 and Tier 3 programming (Center on Positive Behavioral Interventions and Supports, 2023).

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.

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,

schools should consider whether a special education evaluation referral is warranted whenever a behavioral threat assessment is conducted.

While a referral for special education evaluation should be considered in each case, only cases that uncover potential unmet needs related to qualifying disability categories should be referred for special education evaluation.

Once a BTAM referral is made, schools must gather all relevant information. For SWD, several protections must be considered.

First, schools must document access to special education records, including in progress or previous referrals for evaluation, to ensure that those records are not accessed without parental permission except by those with a legitimate educational right to know the contents of the records.

Members of the BTAM team, including any formal and regular team members not employed by the district, are generally considered part of this exception meaning they may be able to access the student’s records.

Schools should have clear procedures for identifying when and by whom these records are accessed and for ensuring that all members of the BTAM team understand their responsibilities related to confidentiality.

Second, if the BTAM team recommends additional evaluations, then the entire IEP team must be involved in determining the scope of those evaluations, and all notification and evaluation procedures and timelines must be followed.

Further, to ensure that the concerning behaviors are understood in the context of the student’s disability, BTAM teams must be intentional about engaging in dialogue with the student, family members, and members of the IEP team, as well as those who know the student best during the interview and information-gathering process.

Additionally, the information-gathering process must include a review of existing IEP services and the extent to which those were delivered as intended as well as a review of the student’s present levels of performance and progress toward goals and objectives. These procedures ensure that the impact of the student’s disability is clearly understood in relation to the concerning behavior.

For SWD, it is important to interpret the concerning behavior in the context of the student’s disability and to ensure that all relevant behavioral protections are provided.

Specifically, due process notifications and manifestation hearing procedures may be relevant for SWD who have engaged in concerning behaviors subject to disciplinary measures.

The BTAM team must do more than identify if there is a substantive risk to self or others; the team must work collaboratively with the IEP team to deeply understand the situation in enough detail to increase services and supports effectively.

Ensuring that the BTAM team includes individuals with expertise in interpreting relevant special education evaluations, specifically those working closely with the student, should inform BTAM team determinations.

For all cases of concerning and/or threatening behavior involving a SWD, the full IEP team should meet to review current IEP or 504 plan supports and services and ensure the student is adequately supported to prevent future concerning behaviors.

SWD can benefit from function-based assessments which can be used to better understand the purpose of behaviors interfering with their educational performance and identify any relevant contributing factors. The information gained can help establish function-based supports, interventions, and behaviorial plans to mitigate or eliminate the interfering behavior (Office of Special Eduction and Rehabilitative Services, 2024).

Additonally, the team should also consider supports and services that restore or enhance the student’s sense of belonging and connection to the school community.

For ALL students, situations involving weapons, direct threats of violence, or concerns about an individual’s safety should warrant immediate intervention aligned with district safety policies.

BTAM and IEP teams must work collaboratively to consider options for enhancing interventions and supports and develop a management and support plan that adequately manages the risk of harm to self or others and adheres to IDEA and 504 requirements. This comprehensive plan should be function-based and aligned with the student’s IEP/504 plan services and accommodations.

If changes in services or placement are needed, then the full IEP team makes the determination.

If the student is removed from the learning environment for an extended time, IEP services must continue to be delivered.

Further, when a SWD’s behavior results in suspension for more than 10 days (cumulatively or consecutively), the full IEP team must meet to determine if the behavior is directly related to (i.e., a manifestation of) the student’s disability and if a change of placement is appropriate.

In cases where the behavior is deemed a manifestation of a disability, there are procedural safeguards in IDEA that must be followed for students with disabilities.

Additionally, in cases where a student’s behavior results in a change of placement or is determined to be a manifestation of their disability, SWD have a right to a function-based assessment and a behavior intervention plan designed to address the behavior (34 C.F.R. § 300.530(d)(1)(ii) and (f)(1)(i), 2024, Authority of School Personnel; 34 C.F.R. § 300.534, 2024, Protections for children not determined eligible for special education and related services).

Meanwhile, BTAM teams can also review and enhance schoolwide safety procedures, supervision protocols, and reporting mechanisms to support safety for ALL students.

Implementation of all BTAM management and support plans as well as IEP/504 plans should be linked directly to a school’s advanced tier systems of support (i.e., Tier 2, Tier 3) to ensure implementation is monitored regularly and plans are adjusted to ensure students fully benefit from supports.

A student with a disability is identified by the BTAM team as engaging in concerning behaviors such as an excessive interest in past acts of school violence and making contextually inappropriate comments about harming others.

School administration determines these behaviors violate school expectations.

The IEP team meets and determines that the behaviors are a manifestation of the student’s disability, meaning the student cannot be disciplined or excluded from school for this behavior.

However, the BTAM team remains concerned about the potential for harm to self or others and determines that a support and management plan is warranted.

The BTAM team works collaboratively with the IEP team to develop the plan that includes increasing some IEP services related to improving social interactions and connections while also increasing supervision and support during unstructured times and when the student has access to the internet.

Together, the BTAM and IEP teams develop agreements with the student and family to restrict access to weapons and agree to meet again in a month to review and adjust the plan.

Additionally, the BTAM team works to support the safety of all students by increasing active supervision in hallways during transitions, reviewing and enhancing entry/exit procedures and building-wide safety protocols, reducing access to unsupervised locations, enhancing learning opportunities, and sharing reminders for how to recognize and report concerning behavior.