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Belmont University

2014

Education

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Proactive Protection: How The Idea Can Better Address The Behavioral Problems Of Children With Disabilities In Schools, Patrick Ober Jan 2014

Proactive Protection: How The Idea Can Better Address The Behavioral Problems Of Children With Disabilities In Schools, Patrick Ober

Belmont Law Review

The Individuals with Disabilities Education Act (“IDEA”) needs to be amended to proactively promote positive behavioral interventions and reduce unnecessary and highly dangerous uses of restraint and seclusion. The IDEA purports to advance these goals, but in reality the relevant provisions of the IDEA require behavioral plans only as a reactionary measure to violent or disruptive behavior. This Note proposes an amendment to the IDEA to address these problems proactively.