1. 2. Functional Behavioral Assessment (FBA)
1.1. IDEA requires IEP teams to address problem behaviors through conducting FBA's.
1.2. FBA searches for an explanation behind a problem behavior.
1.3. IDEA does not detail the components of a FBA. This means the components are left to states, school districts and IEP Teams.
1.4. An IEP team must conduct a FBA if a student in special education has been suspended for more than 10 days
1.5. If an explanation is found move to the next step.
1.5.1. If No, stop here.
2. 1. Addressing Behavior in IEP Process
2.1. IDEA requires if a student with disabilities misbehaves then IEP team considers strategies to intervene.
2.2. IEP team must decide if the behavior impedes learning
2.3. If yes move to the next step.
2.3.1. If no stop here.
3. 4. Behavior Intervention Plan (BIP)
3.1. A BIP is developed based on the FBA.
3.1.1. Project specifications
3.1.2. End User requirements
3.1.3. Action points sign-off
3.2. IDEA states the plan must be individualized but does not give details on the components. Plans need to be multidimensional and proactive.
3.2.1. Define actions as necessary
3.3. Should include multiple strategies including pro-social behaviors that do not rely on coercion or punishments.
4. 6. Disciplinary Procedures
4.1. Short Term
4.1.1. IDEA authorizes that school officials suspend students with disabilities to the same extent as students without disabilities.
4.1.2. Removal may be up to 10 days cumulative or consecutive so long as it applies to students without disabilities as well.
4.1.3. 10 Consecutive days is the limit if a suspension exceeds this it is considered a change in placement. (See NH Rules Ed. 1124.01 d. 4)
4.1.4. If procedures are not followed the suspension is a violation of the law.
4.2. Long Term
4.2.1. An expulsion is a unilateral change of placement that is inconsistent with IDEA that has been held in Courts on more than one occasion.
4.2.2. School officials may exclude students with disabilities from school for 45 school days without regard to whether misbehavior was a manifestation of the students' disabilities.
5. 5. Manifesteration Determination
5.1. Within 10 days of any decision to change placement of a student due to a violation of student conduct, parents, the school and IEP team members will review information in the student's file. (See NH Rules Ed. 1124.01 e.1)
5.1.1. Dependencies
5.1.2. Milestones
5.2. Manifest Determination is a hearing to decide if a student's behavior was caused by or related to the student's disability.
5.2.1. Schedule
5.2.2. Budget
5.3. If it is determined that the behavior is not related to a student's disability and the IEP is appropriate then the student can be disciplined as any other non-disabled student.
5.3.1. KPI's