A Private Law Firm – Allison Hertog, Esq., M.A.
Can A Child with Behavior Problems Survive in a Regular Classroom?

This issue is really getting to me lately. It seems I have several clients right now who have bright kids who are perfectly capable of doing well in a general education classroom but for their behavior problems. The schools I’m dealing with want to transfer the kids to special education classrooms which are exclusively for kids with “emotional or behavior disorders” – otherwise known as “EBD” classrooms. EBD is a new Florida acronym; kids used to be called “ED” – emotionally disordered.
Florida “EBD” Classrooms
In Florida EBD classrooms are generally “self-contained” that means that they have only special education students in them. Generally speaking, they have a reputation of being filled with boys with discipline problems (as opposed to kids with other kinds of behavior problems, such as distractibility or anxiety). At the very worst, some of the EBD classrooms are known for housing future or current juvenile delinquents – not a place anyone would want their kid to learn!
Though a school district is by law not supposed to place children in classrooms based on their “classification” or label, many school districts seem to require that all students in EBD classrooms be labeled EBD. While generally speaking, I don’t care so much about labels – I care more about the services a child is receiving – EBD is not a label I would want my own child to have. EBD is a very broad category which tends to communicate that a child is “crazy” or has severe disciplinary problems. That label doesn’t tell anyone much about how to educate that child well.
That said, many EBD classrooms are good ones because they are small, have well-trained teachers and provide kids with a highly structured positive behavior plan based on incentives and rewards for good behavior. As a parent, you need to ask to observe the EBD classroom before you consent to transfer your child there and see for yourself whether it would be a good change for him or her.
How to Stay in a General Ed. Classroom
If your son or daughter has any “behaviors” which interfere with their learning, under the Individuals with Disabilities Education Act (IDEA) they are entitled to positive interventions to help them function in the “Least Restrictive Environment.” The Least Restrictive Environment means that school districts are required to educate students with disabilities in general ed. classrooms with their nondisabled peers to the maximum extent appropriate. (For more about the IDEA go to www.wrightslaw.com)
When I say “positive interventions” generally I mean a system of incentives and rewards to improve poor behavior. Under the law, students with significant behavior problems are entitled to a formal Behavior Intervention Plan (BIP). But what I’ve found in Florida is that kids don’t get a written BIP unless they have serious discipline problems. All too often schools offer a BIP, not as a true remedy, but only to “set-up” a student, that is, to create a paper trail to show he or she should be transfered to an EBD classroom. For more information on BIPs, see www.wrightslaw.com/info/discipl.index.htm
What I do for my clients in this predicament is to create or upgrade the child’s BIP so that it includes a highly structured, individualized and systematic behavior plan which is targeted to reduce that particular child’s problem behaviors. I define problem behaviors broadly to include things like: inattention, off-task behavior or obsessive-compulsive behaviors, if those behaviors are interfering with their learning.
At a school meeting, I often provide the “team” with a sample behavior chart, and I make sure the teachers are trained in positive behavior management techniques. Unfortunately, most general education teachers have had no training in how to diminish the poor behaviors of disabled students even though the law requires that those students be educated in their classrooms.
If you’d like to make a comment (and I’m waiting to hear from you), please go to the top of this post and click on the light blue link “Comments.”

about 2 years ago
Ms.Hertog: I came across your page today and found your story very interesting. As a child psychiatrist and mother of 4 children, including one with learning problems, it is difficult to help children and their families to get on the right path. I have encountered many frustrated, and depressed, children, teens, and parents, due to the lack of proper guidance and knowledge in the area of special education. I am sure your contribution will be of great value to the community. Dr.V.
about 2 years ago
Ms Hertog:I am a mother of twins boys,recently they were diagnostic by a neurologist with ADHD,since may 2007.
It seems to me that the medication is not working as a did expect.I feel a little frustrated,because i do really wants to help my boys.And Iam sure like Dr V,that your contribution will be value for parents with kids with problems behaviors or learning problems.
about 2 years ago
I have a son that was diagnosed with ADD when he was 5, he is now 13. I originally when to a pediatrician who had attended several training conferences for ADHD. I found out that working with a specialist that works with children is essential in finding the correct medicine for your child. It takes time to find the correct medicine for each person. “One size fits all” does not work when it comes to ADHD medication. Stick with it and change specialists if they don’t want to try different medicines if you feel you aren’t achieving the results you want.
about 2 years ago
One problem with self-contained classroom for ED children is that students tend to get worse & learn new ways to act out. I have worked as a learning facilitor and was responsible for helping students with a variety of special needs suceed in the classroom. I dealt with several ED students and provided a varitety of support services. I usually had 4-5 students who had emotional problems at any one time. Most of the students were able to succeed in the regular classroom with support. Every couple of years we had one student who needed a special placement. As a general ed teacher I often had students with serious behavior or emotinal problems. Most were able to succeed in my classroom. I have also taught a class for ED students it was a horrible experience with very little learning going happening. The school didn’t provide proper support. The class was a dumping ground for difficult children.
about 2 years ago
Hi, I’m the mother of an “ADHD” child, who is 10, attends 4th grade and will be testing for gifted on Saturday.
I want to comment on two things:
- I was lucky enought to find an amazing Occupational Therapist that ran a series of test on my son (namely, the Sensory Integration and Praxis Test and the Bruininks Oseretsky Motor Proficiency Test, among others). As it turns out, he suffers from a disorder that is very similar to ADHD, called Sensory Processing Disorder, sensory-seeking type. He’s been off medications for nearly 2 years as they were not working for him anyways, and side effects were terrible. Even though his Occupational Therapy treatment has been successful, we still have a long journey ahead, b/c his case is rather severe, and complicated with another sensory condition named Dyspraxia, which makes him very disorganized, with poor handwriting and poor fine motor skills, as well as poor sequencing of tasks.
But apart from that, he is very strong, very good at sports (gr
- In any case, having a right diagnosis has helped us get some services at school and he gets some OT at school. I am the kind of mom who is afraid of the school system, and for that reason, I think I haven’t made the most of it. For my upcoming IEP meeting, I am going to ask for a couple of accomodations: a) to have the school make sure that my son writes down his assignments and takes home any papers. He sits at a satellite desk, and many papers just don’t reach his desk, and on top of that, he’s very disorganized and frequently loses the papers. Also, I’d like the school to help him make sure he has everything he needs in his backpack; b) I’d like the school to make sure he understands the directions and sequence of assignments he’s supposed to turn in for the day.
Any comments or tips will be appreciated!!!
about 2 years ago
Sibyl V.
Does your son by any chance have Dysgraphia? Several of the things you describe ie the poor handwriting & poor organizational skills could also be dysgraphia. Dysgraphia, Dyspraxia, dyscalculia and dyslexia are all related problems. You can read more about dysgraphia here.Also, I have written some things on my blog about dysgraphia, dyslexia, and ADHD.
about 2 years ago
Hi,
From what I read in the link in your post, yes, my child must have dysgraphia. He fits the description perfectly. Anyways, his private OT is addressing this by teaching him cursive writing (it is so much easier than print), finger exercises for strength and endurance, perceptual exercises for spacing and organization of the papers. At school, they don’t make a big problem out of his penmanship, thank God. They rather isolate and single him out due to behavior, which is little by little improving. And the teacher is very frustrated by his lack of organization in general, and I suppose she is not fully aware that it’s up to her to help him in class. That’s why I’m addressing this at the next IEP meeting.
Thank you for your comments!
about 2 years ago
I have written in my personal blog about my expericences with learning disablities. Cursive can be helpful for some with dysgraphia. However for me it just didn’t work. I think it may have been the combination of dysylexia & dysgraphia. As for the organizaiton, just keep plugging away. At your son’s age he needs to be held accountable for being organized. My mom used a system of rewards and consqeuncese with me. Sometime around my junior year in high school I finally got it. Now I am very oragnized. I am still can be messy but there is a differance between neatness & ogranization.
about 1 year ago
I am curious to hear from parents who have left the public school system and found a private school in Miami that was better for a higher-functioning disabled student. With the coninuing cuts in funding, the situation with the public school system is bound to get worse before it gets any better. Thanks.
about 1 year ago
My son is in middle school ( 13 yrs. old ) and has been diagnosed with ADHD and ODD. They did testing on him and Friday we find out the results. He’s had problems – in / out of school suspensions, doesn’t want to do his work, attitude, not caring. Well, they want to either put him in a self contained class or another class they call ” Exell”. I wonder with the behavior problems he has, if going into one of these classes will make him worse? Or should we consider a private behavioral center? I’m really pretty stressed over the whole thing. If anyone has been through this – help! Please any info would be great. Thanks.
about 1 year ago
Middle school is a tough time for all kids. Check out all of your options carefully. Private behavioral centers may actually be worse. What treatment/coping methods are you considering for your son? It is possible that medication for ADHD may help your son be successful in school.
about 1 year ago
Lisa: The results of the upcoming testing will be critical.
You have a right to see the report a day or two before the
meeting. That will give you time to read and understand it.
If you fax me a copy of it at 3055731559 on Thursday I will give
You some free advice on how to proceed. You could challenge their
report and then refuse to consent to a change in placement.
Best, Allison
about 1 year ago
I would like to hear about any experiences with school discipline. What is the process to have notes and or a suspension removed from your child’s school record? My understanding is that this does not go through Due Process. Any advice would be appreciated. Thanks.
about 1 year ago
Hi Yolanda: You’re right. You do not have to file Due Process to get notes/suspensions removed from a child’s file. There is a special process to petition to remove items from your child’s cumulative file. I would start by contacting the District student records department and ask them for the form. Best of luck, Allison
about 11 months ago
I just began a new job in a middle school as a special educator. I have a student with EBD who exhibits severe verbal agression, beginning signs of physical agression, bullies and intimidates those around him, swears at me and his regular ed teachers, walks out of class, throws books, talks and draws incessantly about gang involvement, drug deals, getting high, and states that if I try to keep him in a self-contained environment, he will “blow my head off.” I’ve discussed numerous safety concerns for staff and students with administration. Because of my own schedule, I cannot self-contain him but he is in a regular ed environment. It is to the point where I fear going to work each day.
Does he have a BIP? Sure. Have we tried positive reinforcements? Absolutely.
Suggestions?
about 11 months ago
Dear Fearing for My Safety:
I truly empathize with your situation. First, you should immediately notify your superiors and perhaps your union (if you belong) that you fear for your safety. You may need to notify the school police or even the school board attorney’s office as well. I also suggest that you keep very good records of exactly what he says/does with times and dates for the next several days. You should ask your superiors to convene an IEP meeting as soon as possible to consider another placement for him where there are behavior specialists who can manage his behavior. Keep me updated – that’s how I learn.
Allison Hertog
about 11 months ago
I really hope that “Fearing for My Safety” does not contact school police as a way of dealing with this child. This is clearly a child with emotional issues that have not been dealt with. Getting school police involved is only going to further traumatize this child. This child needs help and not a criminal record. Nothing good will come of throwing a disabled child into the juvenile justice system.
about 11 months ago
To think of all that has happened since I wrote that. Yolanda, I agree – a ticket will not serve any positive purpose. I have always been and will remain student centered and a strong student advocate. That’s why I say that this student’s chance lie in a firm plan in which he earns privileges connecting both positive and negative consequences in a consistent manner. But that would mean he would have to be self-contained for part of the day and they don’t do that.
I voiced numerous concerns over my safety and that of my students. The student blows up walks out to the office where the disciplinarian offers him a comfortable chair, tells him they know how bad his life is, how much this person cares about him, states that they’ll bring him food, and by the way, don’t do that again. Back to class you go. The cycle repeats hourly. Admin has told me that this student should be ‘the majority of my time’ and the reg ed staff will have to ‘pick up the slack’ for the rest of my caseload. I need to connect with this kid. Kids have been pushed, threatened, sworn at, I’ve been sworn at, books thrown. The administrator then told us that when he swears at us in the classroom (this is reg ed/team taught mind you with 30 kids), we should ‘let it go’ and the other kids should be expected to be tolerant and understand.
Yes, I was told to expect verbal assault and request my students do the same. I was so upset I called in sick the next day and e-mailed the main administrator (the disciplinarian is the AP) stating that the emotional attachment towards this student has interfered not only with my ability to do my job but with my physical safety and that of my students. I need clarification of my duties (one student or caseload), I am unable to work with the other students and they are suffering. Basically, the response was to ‘dial it down’ and not make such a fuss. And then……
The tables were turned on me and I am not on the rec’vg end of a ‘witch hunt’ because (no, not kidding), I’m apparently not trying hard enough to reach this student or doing my job. This comes from the disciplinarian (no surprise there) and the Dir of Spec Ed.
The union has stepped in and I guess this situation is not new. In dysfunctional situations, attack the one bringing up the problem. I am resigning tomorrow from this position, my car is filled with empty boxes to pack up my classroom.
I have a ‘gift’ of reaching kids who present such challenges. Former students, now successful in college and/or careers, remain in contact with me and visit bringing their families. How proud I was when a former student asked my husband and I to look at homes with him as he prepared for his first purchase. Being a teacher is “who I am.” So it is with such sad regret that I leave this profession tomorrow after only 10 years. I can no longer take the incompetentcy at the top.
I have no idea what I will do now. Our own children are in college. I’ve applied at local retail stores this weekend – with a masters degree.
Signed,
No longer fearful but now tearful in Pennyslvania
about 11 months ago
Dear Fearful and Tearful: I’m so sorry to hear you had that experience, but perhaps it’s for the best (at least for you). I wouldn’t give up on special education. We need talented, educated and caring professionals like yourself. You may want to tutor as an interim position or permanently (if you have benefits from another source). We are in desperate need of good tutors as a nation. If you are interested, I have some ideas on how to provide excellent cost-effective tutoring for special needs students, particularly in reading. Don’t despair. You’re still very much needed. Warm Regards, Allison Hertog
about 11 months ago
Thank you Allison. I have seen so much dysfunction in schools while living here that it truly is disheartening. The union officials where I worked are furious over this situation and have provided me with support and sanity. They too, believe it ludicrous to allow students to swear at you in fits of rage in the classroom.
I would be happy to take any tutoring suggestions. I was a reg. ed social studies teacher before moving here – a job I greatly miss. It has also been suggested that I take my kinesthetic based curriculums for social studies classes and publish them. I am thinking of doing that too.
about 10 months ago
Hello Allison,
My son is in a EBD class in which the teachers were trained on how to handle him before he even started going to school there. His IEP plan even states how they should speak to him. All of this was arranged in a District meeting to reevaluate his IEP. He was even assigned a one on one. This teacher refuses to follow the IEP and speak to him in any manner that she wants, even with his one on one present. I’m glad he is there to intervene. It seems as though every time my son takes a step forward, she does something to knock him back a couple of steps. She is one of those teachers that claims to be afraid of him, but I don’t see how that is possible with her attitude.
about 10 months ago
I’m sorry Allison my mind was somewhere else earlier.
I feel that some can survive the regular classes. My son is in an EBD class for emotional behavioral problems. I plan on mainstreaming him back into the regular classes. He is very bright as most of the kids in these classes. Just being in the contained classes alone is taking a toll on him because he is not learning anything and is getting frustrated. Like I stated earlier he has a one on one for when he needs to take a break or becomes frustrated. I feel as though they are treating these kids as though they have learning disabilities instead of emotional problems. My son scores the highest scores on the FCAT in school, why should he be given easy work just because of his emotional behavior.
about 10 months ago
Hi Michelle:
You’re absolutely right to question why the academics are of a lower quality in a class for special ed kids without academic problems. I think that stems from the fact that generally special ed teachers are not given a post-graduate education in academic content. In other words, they are expected to be able to teach any academic subject as long as they take other courses on how to teach special needs students. I can make that statement because I, myself, have a Masters degree in special education from one of the top educaiton graduate schools in the country and I wasn’t required to take a single academic content area course.
In terms of your legal rights, if a student is capable of doing the work in a general education class (even a gifted class) but has emotional problems which interfere with his educational performance, he should be included in that class with accommodations to support his disability. You should ask for an IEP meeting to change his placement.
I hope that helps.
Sincerely,
Allison Hertog
about 9 months ago
HI everyone,
I have a 9 year-old nephew who is a 4th grader in public school that has been diagnosed with ADHD, ODD and Mood Disorders. It has been very difficult to get the school to follow through with my request for am IEP because he scores high academically. What am I to do now? He continues to suffer in the regular classroom because of his disabilities and no interventions have been done on the schools behalf but I have gotten him enrolled in a mental health program outside of school. This agency is providing intensive in home therapy for him and he seems to be doing well with it. He has 3 qualified professionals that work with him so I feel that I am doing my part as his guardian, but the school is doing very little to support him but they want “us” to work as a team . What else am I to do?
Tanya