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Sheila:  Hi. Does a parent have any recourse to ensure that a district complies with a request for an FBA if the child doesn’t yet have an IEP?
Child currently has a 504 plan due to learning and attention issues secondary to Fetal Alcohol Syndrome and parents are pursuing a private evaluation. In the meantime, they’d like the school to follow through on their request to complete an FBA (anxieties, bullying/victim and attention issues are interfering with learning).

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Hi if the child has a IEP with
a BIP and labeled high risk from the psychological evaluation does a FBA need to be implemented?If the school failed to implement for the whole year would they be in violation?Also if they are preventing manifestions due to not implementing?


A BIP can be developed without there being a FBA. If there is a BIP in the IEP, it must be followed. Not following it would be a violation, & a complaint could be made to the state. One part of the manifestation determination is whether the conduct/behavior was the direct result of the school’s failure to implement the IEP.


Unfortunately, students without an IEP have no right to a FBA. Parents can request a FBA as part of a school evaluation. If the school says no, they must explain why in a prior written notice. Resources on this website regarding advocacy can be very helpful in situations like this.


Thank you for your response!What about if the child had already been mainstreamed and due to the severity of the bahavior placed in contained asd class and FBA was never implemented then.As well as phycological Evaluation was done on child and outcome determined that child was **High Risk** And was not given any accomadations or supplemental services.No manifestations due to innapporiate data and school hiding the behavior.I have my own data if behavior and messages that show manifestations but school was found to have inappropiate bip as well as data for the bip and advocate got principal to admit “dropping the ball” on the intervention plan.Would this be State complaint?


Yes, this would be the basis for a state complaint, but you & the school still need to develop an appropriate IEP, & services for your child. You could try to do this on your own, or request a mediator from the state to try to help achieve this. If this is not successful, a state complaint could be made.