• Menu
  • Skip to left header navigation
  • Skip to right header navigation
  • Skip to primary navigation
  • Skip to secondary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

Contact Us (317) 692-9000

  • Facebook
  • Twitter
  • LinkedIn

Directions

Kroger Gardis Regas, LLP

Kroger Gardis & Regas, LLP

  • Firm
    • About Us
    • History
    • KGR in Our Community
    • TAGLaw®
  • Professionals
  • Practice Areas
  • Information
    • Blog
    • Doing Business in Indiana: A Reference Guide
    • Representing Buyers and Sellers in Acquisitions of Privately Held Companies
    • Receiverships & Class Actions
  • Legal Lessons
    • Courses
    • Login
    • Account
  • News
  • Careers
  • Contact
  • Search
  • Firm
    • About Us
    • History
    • KGR in Our Community
    • TAGLaw®
  • Professionals
  • Practice Areas
  • Information
    • Blog
    • Doing Business in Indiana: A Reference Guide
    • Representing Buyers and Sellers in Acquisitions of Privately Held Companies
    • Receiverships & Class Actions
  • Legal Lessons
    • Courses
    • Login
    • Account
  • News
  • Careers
  • Contact
  • Search
You are here: Home / Blog / Violent, Aggressive and Dysregulated Children

Violent, Aggressive and Dysregulated Children

September 19, 2022 //  by Séamus Boyce

A 2020 Stanford University study found that in one year, Indiana students experienced a loss of learning opportunity equivalent to approximately 209 days in math and 130 days in reading after schools transitioned to virtual learning for the 2019-2020 school year. While the concern for educators everywhere is mitigating that loss, the solution is being compounded by a more glaring impact of the pandemic: disruptive students. The data regarding the increase in disruptions due to violent, aggressive and dysregulated children is lacking, largely due to the nature of reporting and data lags. Anecdotally, however, educators are reporting an unparalleled increase in disruption since students have returned to in-person learning.

Quantifying the Issue While the data to support the reality is scarce, some tangential data exists that gives legitimacy to the circumstances that our educators are experiencing. In 2020, mental health related visits to Emergency Departments across the United States increased from 2019 by 24% for children aged 5-11 and 31% for children aged 12-17. Data suggests that school aged girls have been hit the hardest with Emergency Department visits for suicide attempts increasing by 50.6% for girls aged 12-17. The JED Foundation published a report in 2020 that found that 6 in 10 parents reported their child experienced mental or emotional health challenges in the 6 months prior to October 2020 and, alarmingly, 8% of parents of 9-12 year-olds reported that their child had experienced suicidal thoughts in the past month. This data indicates a mental health crisis for our youth – which comes as no surprise to our educators who are with these students day in and day out trying to mitigate the loss of opportunity to learn while simultaneously managing serious behavioral disruption from students.

Legal Obligations If the disruptive student has been diagnosed or is suspected for a diagnosis that would qualify them for protection under the Individuals with Disabilities Act (“IDEA”) or Section 504 of the Rehabilitation Act, then the public school has the obligation to educate that student in the Least Restrictive Environment (“LRE”). Many refer to LRE as “mainstreaming” to the extent the student can receive an appropriate education. This is an oversimplification, but you get the point. Maintaining LRE for students with a specific learning disability may be straightforward, but for violent, aggressive and dysregulated children, school leaders must delicately balance all the issues with keeping this student in the traditional setting for learning.

Resources Currently Available Appropriate and often intense treatment for the most challenging children is critically important. We are all too aware of the risk of not providing appropriate intervention to the students who are crying out for help through their behavior. For those students who require significant intervention, Indiana has a Special Education Excess Cost (SEEC) fund that may be used to supplement the most costly of support such as residential facilities, day treatment programs, and dedicated one-on-one staff.

Efforts Toward a Solution The elephant in the room or 800-pound gorilla (or both) are the very limited options in Indiana to appropriately treat the most violent and aggressive children. The ideal programs are those that treat the child for short periods of time to get them (and those that work with them) the tools to maintain a more traditional educational setting. Everyone is struggling to find and retain appropriately credentialed employees to help these children in any setting. Further, access to intense day-treatment and residential facilities are alarmingly scarce anywhere, let alone within each region.

What is the legal lesson from this briefing? There is an unfortunate consensus among educators that there has been a sharp rise in violent, aggressive and dysregulated children in our schools. Each student who displays concerning behavior is uniquely addressed through general behavior management and special education. Further, efforts are under way to alleviate the bind that families and educators are in due to scarcity in appropriate treatment. Expanding appropriate and regional options for treatment is needed for the individual child. It is also crucial for the students in the traditional setting to be focused on learning.

Navigating state and federal regulations can be challenging. For more information, contact the KGR Education Law and Public Policy team.

Category: Blog, Education LawTag: Séamus Boyce

Previous Post: « Meet Our Firm: Jason Mizzell
Next Post: Erika Steuerwald Joins KGR »

Primary Sidebar

If you are interested in our services please fill out the form below.

    Your Name (required)

    Your Email (required)

    Phone (required)

    Subject

    Your Message

    RECENT POSTS

    Practical Legal Issues regarding Vaping and Schools

    The tobacco use intervention strategies of the past may have low …

    The Federal Trade Commission Announced a Ban on Non-Compete Agreements: What Does That Mean for Your Business?

    We won’t bury the lede: it could be huge, but it’s also probably …

    2 New Attorneys, 1 Paralegal Join KGR

    KGR is thrilled to start the New Year with two new attorneys Wes …

    KGR Obtains Preliminary Injunction Against City of Bloomington in Free Speech Case

    Turning Point USA (TPUSA) and its local chapter on the Indiana …

    KGR Attorneys File Lawsuit Against USA Track & Field to Advance Athlete Health & Safety

    KGR’s Sports and Entertainment Law Team, led by KGR Partner Bill …

    Footer

    Indianapolis Office

    Kroger, Gardis & Regas, LLP

    111 Monument Circle, Suite 900 Indianapolis, IN 46204

    (317) 692-9000
    (317) 264-6832
    Directions

    Connect with us!

    • Facebook
    • LinkedIn
    • Twitter

    Newsletter

    Select list(s) to subscribe to


    By submitting this form, you are consenting to receive marketing emails from: Kroger, Gardis & Regas, LLP, 111 Monument Circle, Indianapolis, IN, 46204, http://www.kgrlaw.com. You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact

    Copyright © 2023 · Kroger, Gardis & Regas, LLP · Log in