A functional behavioral assessment (FBA) is an evaluation mandated by the Individuals With Disabilities Education Act (IDEA) that assesses the behavioral problems of students with disabilities.
This assessment attempts to determine the cause of the behavioral problems before the school takes disciplinary action against the student for engaging in disruptive behavior in the classroom. In essence, it examines when the student’s behavioral problems are most likely to occur, what environment the disruptive behavior is likely to occur in, and why it happens.
What Is the IDEA?
The Individuals with Disabilities Education Act is a federal law that was enacted in 1975 to ensure that children with disabilities have access to a public education that addresses their special needs. IDEA requires states, local school districts, and other public agencies to make adequate services available per the law. In the education profession, these services are commonly referred to as “special education.”
Under the IDEA, the federal government provides financial support for state and local school districts for special education. To receive funding, however, school districts must comply with the six main principles of the IDEA, which are as follows:
- Every child must receive a free and appropriate public education (FAPE);
- When a school professional believes that a student between the ages of 3 and 21 might have a disability that has a significant impact on the student’s learning or behavior, the student should be evaluated in all areas related to the suspected disability;
- The school should create an Individualized Education Plan (IEP), the purpose of which is to identify specific actions and steps through which educational providers, parents, and the student themselves can reach the child’s stated educational goals;
- Children with disabilities should receive educational and other services in the least restrictive environment. So, again, if possible, students with IEPs should be placed in a general education setting with non-disabled students;
- Parental and child input must be considered in the education process;
- If a parent feels that an IEP is inappropriate for their child or that their child is not receiving needed services, they have the right to challenge their child’s treatment under IDEA.
How Is the Functional Behavioral Assessment Conducted?
In a functional behavioral assessment, three methods are used to determine the cause of behavior problems:
- Interviews and rating scales: Teachers, parents, and others with experience with the child’s behavior can offer insight into the cause. A functional behavioral assessment cannot rely solely on interviews and rating scales. Functional behavioral assessments use this method the least.
- Direct and systematic observation of the student’s behavior: When behavioral problems occur, directly observing the student’s behavior may provide insight into what triggers the behavior.
- Manipulation of the environment to see how behavior changes: It may be possible to identify what triggers the student’s negative behavior by changing aspects of the student’s environment.
Who Conducts the Functional Behavioral Assessment?
The same team of people usually conducts the FBA as those who developed the student’s Individualized Education Plan (IEP) or a similar team if the same team cannot conduct the assessment. Many aspects of the assessment should be done by those who know the student best – their parents and teachers.
Systematic observation and environmental manipulation should be conducted by someone properly trained in these methods to get the most accurate and useful results.
What Happens Once I Have a Functional Behavioral Assessment for My Child?
Once your child has had a FBA, it is up to you and the rest of the IEP team to devise a workable intervention strategy. The point of a FBA is to determine the cause of a student’s misbehavior to prevent it from occurring in the first place. After determining the cause of the behavioral problems, you and the school must create an intervention plan.
The plan must address the behavior problems and implement ways of dealing with them, either by controlling the environment or by using specific disciplinary measures to address the problem.
What Is an Individualized Education Program?
If the assessment discloses that a child has a disability and needs special educational services, then a special educator at the child’s school develops an IEP for the child. It identifies the special services they should receive to address the child’s individual educational needs. Every year, it is reviewed and updated.
The IEP must be presented to a child’s parent or guardian and their input considered before it becomes final. Then the IEP should guide the child’s school in the kind of services it provides and how it provides them. A child’s educational progress should be monitored, and the effectiveness of the IEP should be analyzed regularly.
IEPs are highly specialized, and it can sometimes be difficult to execute and implement them effectively. Occasionally, teachers and parents/guardians disagree about the services that should be provided to a student per an IEP. Parents/guardians want to take legal action if the teachers or school district refuses to change it. In this case, the parent can file a claim under the IDEA.
A Parent Must Exhaust IDEA Remedies Before Filing a Civil Lawsuit
Under the IDEA, every state educational agency (SEA), e.g., a state board of education or department of education, must adopt written procedures for resolving any complaint made under the IDEA.
Of course, if IEP services are not provided as they should be, then a parent must first exhaust all local remedies under IDEA. First, they should try to resolve differences at their child’s school and then with the local school district’s administration if they cannot do so.
Parents can file a claim with the appropriate state agency if the situation remains unresolved after they have appealed to the administration of their local school district.
While each state may differ in how they handle IDEA complaints, these are the general steps that a person should follow:
- Submit a written and signed (including contact information) complaint that explains how the public agency, e.g., the school district, has violated the requirements of IDEA or failed to implement an IEP properly;
- Relevant information about the child in question; and
- A proposed solution for the problem.
The public agency where the violation occurred must receive a copy of the complaint. A two-year statute of limitations applies to IDEA violations. A complaint must be filed within two years of the violation.
Within 60 days of receiving the complaint, the state agency must respond. There are extensive regulations regarding what a state must do in response to a complaint made under the IDEA. The state government sends a written decision to the parent/guardian who made the complaint and to the public agency that committed the alleged violation after investigating the claim.
A person who fails to submit any of the above information risks having their complaint dismissed for lack of evidence or information. Although a complaint can be resubmitted, it is very important to get all the information before submitting it again.
Above all, if a person does not take the above steps, they will not be allowed to file a civil lawsuit. IDEA must be “exhausted,” meaning all possible steps taken as required in the law before a person is allowed to file a civil lawsuit in federal court.
Should I Contact a Lawyer?
If you have questions about your child’s functional behavioral assessment or if you believe that the school has not respected your child’s rights, you may want to speak with a government lawyer. You and your child’s rights can be protected by an experienced lawyer familiar with your school district’s rules and laws.
