4.4 Positive Behavioral Interventions and Supports (PBIS) & Restorative Discipline
Key Takeaways
- Positive Behavioral Interventions and Supports (PBIS) is an evidence-based, three-tiered framework that establishes, teaches, models, and positively reinforces clear schoolwide behavioral expectations rather than relying solely on punitive reactions.
- Restorative practices shift the disciplinary focus from retributive justice (asking what rule was broken and what punishment is deserved) to restorative justice (asking who was harmed, what needs were created, and how the harm can be repaired).
- Dismantling the school-to-prison pipeline requires eliminating exclusionary disciplinary practices (OSS and expulsions) that disproportionately impact students of color and students with disabilities, replacing them with restorative interventions that maintain academic continuity.
- Under Goss v. Lopez, students facing out-of-school suspension have a constitutionally protected property right to public education and must receive procedural due process: notice of charges, an explanation of evidence, and an opportunity to present their side of the story.
- Principals must balance progressive restorative approaches with physical school safety and staff expectations by establishing clear tiered referral matrices, providing ongoing coaching, and maintaining unwavering transparency.
4.4 Positive Behavioral Interventions and Supports (PBIS) & Restorative Discipline
Quick Answer: On the SLLA 6990, high-performing administrators replace zero-tolerance, exclusionary disciplinary policies with an integrated continuum of Positive Behavioral Interventions and Supports (PBIS) and Restorative Practices. This shift directly addresses discipline disproportionality and halts the school-to-prison pipeline. In all disciplinary matters, administrators must scrupulously protect students' constitutional due process rights under Goss v. Lopez (oral or written notice of infractions, review of evidence, and a fair opportunity for the student to explain their conduct) before issuing suspensions.
The PBIS Multi-Tiered Behavioral Continuum
Positive Behavioral Interventions and Supports (PBIS) is an operational framework designed to improve social, emotional, and academic outcomes for all students. Rather than viewing discipline as a mechanism for catching and punishing infractions, PBIS approaches behavioral competence through the same instructional lens used for academic literacy: behaviors must be explicitly defined, taught, modeled, practiced, and positively reinforced.
| PBIS Tier | Target Population | Core Interventions & Administrative Systems |
|---|---|---|
| Tier 1: Universal Supports | All Students (100% of school population) | 3–5 positively stated schoolwide expectations (e.g., "Be Respectful, Be Responsible, Be Safe") defined across all settings (hallways, cafeteria, bus, digital spaces) in a published matrix; direct behavioral lessons taught at the start of the year and after breaks; high-frequency positive acknowledgment systems (at least a 4:1 ratio of positive acknowledgments to corrective reprimands). |
| Tier 2: Targeted Interventions | At-Risk Students (~10–15% needing extra support) | Rapid-access group interventions such as Check-In/Check-Out (CICO), where students meet with a designated mentor at arrival to review daily behavioral goals and at dismissal to review progress; small-group social skills instruction; behavioral contracts; homework assistance labs. |
| Tier 3: Intensive Individualized Supports | High-Need Students (~1–5% with persistent challenges) | Comprehensive individual assessments: conducting a Functional Behavioral Assessment (FBA) to determine the underlying communicative function of the behavior (e.g., attention-seeking, task avoidance, sensory overload) and designing an individualized Behavior Intervention Plan (BIP) with proactive replacements, environmental modifications, and crisis response steps. |
The Check-In/Check-Out (CICO) Intervention
On the SLLA exam, CICO is frequently highlighted as the gold-standard Tier 2 behavioral intervention. When a student accumulates recurring minor office discipline referrals (e.g., classroom disruption, off-task defiance), assigning an out-of-school suspension removes them from learning without teaching replacement behaviors. CICO provides continuous feedback, positive adult connection, and daily progress-monitoring data without stigmatizing the student.
Restorative Justice in Educational Settings
Restorative Justice represents a philosophical paradigm shift away from traditional retributive discipline. Retributive models view misbehavior strictly as a violation of a school rule against the institution, demanding a predetermined punishment to deter future violations. In contrast, restorative practices view misbehavior as an injury to relationships and community, requiring that the responsible party acknowledge harm, take active accountability, and work to repair the damaged relationship.
| Key Dimension | Retributive Discipline (Zero-Tolerance) | Restorative Discipline (Community Accountability) |
|---|---|---|
| Core Inquiry | What school board rule was broken? Who broke it? What punitive consequence is mandated? | Who was hurt or affected? What were the underlying causes? What needs to be done to make things right? |
| Focus of Process | Blame, guilt, and passive receipt of punishment (e.g., sitting at home on suspension). | Active problem-solving, empathy building, accountability, and repairing the harm. |
| Role of the Offender | Passive recipient of an adult-imposed sanction; often fosters resentment and alienation. | Active participant in acknowledging impact, expressing remorse, and executing restorative restitution. |
| Role of the Victim / Community | Largely ignored; the rule violation is framed as an offense against administrative policy. | Central voice; given agency to express how the harm felt and participate in defining restitution. |
| Long-Term Impact | High rates of recidivism; increases risk of school dropout and involvement in the justice system. | Re-integrates the student into the community; builds social-emotional skills and preserves academic connection. |
The Continuum of Restorative Practices
Restorative practices span an informal-to-formal continuum:
- Affective Statements (Informal): Adult communication that humanizes the impact of behavior by expressing feelings rather than anger (e.g., "When you speak over peers during group presentations, I feel frustrated because it diminishes their hard work").
- Affective Questions: Guiding reflective inquiries that prompt self-awareness:
- To the person who caused harm: What happened? What were you thinking at the time? Who has been affected by what you did? What do you think you need to do to make things right?
- To the person who was harmed: What did you think when it happened? What impact has this had on you? What do you need to happen to make things right?
- Restorative Circles (Proactive and Reactive): Structured gatherings using a talking piece where classrooms build community norms (proactive) or address collective peer conflicts (reactive).
- Formal Restorative Conferences: Highly structured encounters facilitated by a trained coordinator bringing together the harmed person, wrongdoer, family members, and school advocates to formulate a binding restorative agreement.
Dismantling the School-to-Prison Pipeline
The school-to-prison pipeline refers to the systemic pathways through which harsh, exclusionary disciplinary practices (out-of-school suspensions, expulsions, and campus police citations) push marginalized youth out of classrooms and into the juvenile and criminal justice systems. Research demonstrates that a single out-of-school suspension significantly increases the likelihood that a student will drop out of high school and become involved in the justice system.
Disproportionality and Special Education Protections
Federal civil rights data consistently show severe discipline disproportionality:
- Black and Latino students receive significantly higher rates of exclusionary discipline for subjective infractions (e.g., "insubordination," "disrespect") compared to white peers exhibiting identical behaviors.
- Students with disabilities served under IDEA or Section 504 are suspended at disproportionately high rates, often reflecting unaddressed manifestation of their underlying disability.
Manifestation Determination Reviews (MDR)
Under IDEA (§ 300.530), if a school contemplates suspending a student with an IEP for more than 10 cumulative school days in an academic year (or an expulsion), the school must convene a Manifestation Determination Review (MDR) within 10 school days of the disciplinary decision. The IEP team must determine:
- Was the conduct caused by, or did it have a direct and substantial relationship to, the child's disability?
- Was the conduct the direct result of the local educational agency's failure to implement the IEP?
If the answer to either question is YES, the conduct is a manifestation of the disability. The student cannot be suspended (except for special circumstances involving weapons, drugs, or serious bodily injury), and the team must conduct an FBA, implement a BIP, or modify existing behavioral plans immediately.
Legal Due Process: Goss v. Lopez and Progressive Discipline
Administrative disciplinary authority is bounded by constitutional law. In the landmark U.S. Supreme Court decision Goss v. Lopez (419 U.S. 565, 1975), the Court affirmed that students possess a constitutionally protected property right to public education created by state law, as well as a protected liberty interest in their personal reputation.
Due Process Requirements for Suspensions (10 Days or Fewer)
Before an administrator can impose an out-of-school suspension of up to 10 days, the student is entitled to minimum procedural due process:
- Oral or Written Notice: The student must be informed of the specific charges and allegations against them.
- Explanation of Evidence: If the student denies the charges, the administrator must provide an explanation of the evidence the authorities possess.
- Opportunity to Present Their Version: The student must be granted a fair, informal opportunity to tell their side of the story and present their perspective.
Emergency Exception: In situations where the student's presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, the student may be removed immediately, provided that the required notice and informal hearing follow as soon as practicable.
Progressive Discipline and Alternatives to Suspension
A legally defensible Code of Student Conduct incorporates progressive discipline—matching graduated, instructional consequences to the severity and frequency of behavior. Exemplary alternatives to suspension include:
- Restorative In-School Re-entry: Completing reflective restorative modules and academic coursework with a certified coach rather than sitting in an idle detention hall.
- Community Service and Campus Restitution: Repairing vandalized property or assisting campus service staff.
- Behavioral Contracts and CICO: Establishing explicit goal milestones with targeted positive reinforcement.
Principal Dilemmas: Balancing Restorative Practices with Safety and Staff Expectations
A perennial challenge for school leaders is managing faculty resistance during the transition to restorative discipline. Teachers frequently express frustration that restorative practices represent "lenient discipline" or that "students get away with everything and receive no consequences." High-performing principals navigate this tension through three strategic moves:
- Clarifying That Restorative Justice Is NOT Permissive: Holding a student accountable to repair harm, apologize to victims, and complete restitution is far more cognitively and emotionally demanding than sitting at home playing video games during a three-day suspension.
- Publishing a Transparent Discipline Matrix: Clearly delineate between minor infractions (managed in the classroom with tiered PBIS strategies) and major safety infractions (violent assaults, weapons, narcotics, severe sexual harassment) that require immediate administrative intervention, safety protocols, and statutory enforcement.
- Providing Professional Coaching and Resources: Never mandate restorative circles without providing comprehensive staff professional development, designated circle facilitators, and dedicated restorative spaces.
A principal receives a disciplinary referral for a sophomore student accused of participating in a non-violent verbal altercation in the cafeteria. The student has no prior disciplinary record. What procedural step must the principal complete to satisfy the constitutional due process requirements established under Goss v. Lopez prior to issuing a three-day out-of-school suspension?
A middle school implementing PBIS notes that a sixth-grade student has received seven minor office discipline referrals over the past month for off-task calling out and low-level classroom disruptions during language arts and social studies. Which Tier 2 intervention is most appropriate to support this student?
Disaggregated district discipline data reveals that African American students in a middle school are suspended out-of-school at four times the rate of their white peers, predominantly for subjective infractions such as 'defiance,' 'disrespect,' and 'insubordination.' When the principal discusses this data, several teachers express frustration, stating that administrative consequences are too weak and students must be removed to maintain order. What is the principal's most effective systemic response?