By Matt Harrington, BCBA · Behaviorist Book Club · Research-backed answers for behavior analysts
Yes. The BACB Ethics Code establishes that behavior analysts have responsibilities to their clients, the profession, and the broader community. Code 2.01 requires advocacy for effective treatment, which includes addressing systemic barriers to service access. Policy advocacy that draws on behavioral science expertise is a legitimate and important professional activity. However, behavior analysts should be transparent about the boundaries of their expertise and collaborate with other professionals when policy issues extend beyond behavioral science.
When behavioral health incidents are handled through the criminal legal system rather than through appropriate behavioral supports, clients face a range of harmful outcomes. These include arrest, detention, disruption of educational services, involvement in the juvenile or criminal justice system, and the lasting effects of a criminal record. Research consistently shows that these outcomes disproportionately affect students of color and students with disabilities. For behavior analysts, this means that the systemic environment in which services are delivered is a critical variable that affects clinical outcomes.
Local district meetings, including school board meetings and budget hearings, are where many of the decisions that affect behavioral health service access are made. These meetings determine funding levels for behavioral health positions, the adoption of crisis response protocols, and the allocation of resources for professional development. Behavior analysts who attend and participate in these meetings can influence the systemic conditions that support or undermine their clinical work. Preparing data-driven presentations about client needs and service gaps is one of the most effective ways to contribute.
Begin by identifying specific instances in which systemic factors interfere with client outcomes. Track data on service access barriers, including wait times, caseload sizes, interruptions in service due to funding changes, and crisis incidents that result in law enforcement involvement rather than behavioral intervention. Use the same data collection methods you would use in clinical practice: operational definitions, reliable measurement procedures, and systematic recording. These data can be aggregated and presented to decision-makers as evidence for policy change.
Students with disabilities are protected under IDEA, the ADA, and Section 504 of the Rehabilitation Act. Under IDEA, students with behavior-related disabilities are entitled to behavioral supports as part of their individualized education programs. Disciplinary removals are subject to manifestation determination procedures, which evaluate whether the behavior in question was related to the student's disability. If it was, the student cannot be disciplined in the same manner as students without disabilities. Despite these protections, enforcement is inconsistent, and many students do not receive the protections to which they are legally entitled.
Research consistently demonstrates that Black students and other students of color are disproportionately subjected to exclusionary discipline, referrals to law enforcement, and school-based arrests. When these students also have disabilities, the disparity is compounded. Behavioral health policies that rely on punitive approaches rather than preventive behavioral supports exacerbate these disparities. Behavior analysts have an ethical obligation under Code 1.07 to understand how cultural and racial variables affect their clients and to advocate for policies that address systemic inequities.
Individual advocacy involves acting on behalf of a specific client to ensure they receive appropriate services and protections. Systemic advocacy involves working to change the policies, practices, and structures that affect groups of individuals. Both are important and complementary. A behavior analyst who advocates for a specific student's right to behavioral supports is engaging in individual advocacy. A behavior analyst who advocates for increased funding for school-based behavioral health services is engaging in systemic advocacy. Effective practice typically requires both.
Focus your advocacy on areas where you have professional expertise. Behavior analysts are qualified to speak about behavioral assessment, evidence-based intervention, the conditions that support behavioral health, and the consequences of inadequate behavioral supports. When policy issues involve legal questions, education finance, or other topics outside your training, collaborate with professionals who have relevant expertise. Be transparent about what you know and what falls outside your competence. This approach maintains your credibility and the credibility of the profession.
The Brendan Depa case illustrates the consequences of systemic failures in behavioral health support. When a child with an identified disability experiences a behavioral crisis in a setting that lacks adequate behavioral supports, the risk of criminalization is high, particularly for children of color. This case underscores the importance of proactive behavioral assessment, comprehensive behavior intervention plans, adequate training for school staff, and crisis response protocols that prioritize de-escalation over law enforcement involvement. It also demonstrates why behavior analysts must be aware of and advocate for policies that protect vulnerable individuals.
These roles are not in conflict when properly understood. Clinical practice and policy advocacy both serve client welfare. The key is maintaining professional boundaries and being transparent about which role you are occupying at any given time. When providing clinical services, your primary obligation is to the individual client. When engaging in policy advocacy, you are working to improve the conditions that affect all clients. Both activities should be grounded in behavioral science and guided by the BACB Ethics Code. Time management is a practical consideration, and many behavior analysts find that even modest engagement in policy advocacy has significant impact.
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All behavior-analytic intervention is individualized. The information on this page is for educational purposes and does not constitute clinical advice. Treatment decisions should be informed by the best available published research, individualized assessment, and obtained with the informed consent of the client or their legal guardian. Behavior analysts are responsible for practicing within the boundaries of their competence and adhering to the BACB Ethics Code for Behavior Analysts.