Functional Behavior Assessments (FBA): HOW OR CAN WE EXCLUDE THE DISTRICT PSYCHOLOGIST FROM THE ARD AND CONTACT WITH OUR SON?

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Sonia:  We had an ARD on 10-25-2016, where the district psychologist was not in agreement with us on getting a 2nd opinion for a FBA, to add the BIP in our son’s IEP. He stated that we have the right to do an outside 3rd party evaluation but they do not have to accept it. The main reason for us to want a 2nd opinion is that he does not have all the right credentials for a proper FBA. Also when we asked for the test procedures and documents that were used to perform his FBA he did not want to present them. What we are looking for is a certified competent person with the proper education & training (Behavior Analyst Certification Board). Is there anyone that can help us with this and understand if this is even possible?

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Sharon L.

THe school is correct that they do not have to provide what an outside evaluation suggests but they must consider it and look and review it. I have had many outside evaluations done. They are much better than any school evaluation in 25 years, more thorough and many more suggestions. I have never had the school refuse to follow it even though they said they did not have to. Most schools do not want to be sued and a good evaluation is hard to dispute especially if they refuse to let you see the results of the evaluation that they did. If the school refuses anything they have to put the reason they are refusing in writing called a prior written notice. If you start asking for this in writing you should start to get some better results from them.

Chuck

I work for the TX parent training & information projects, & may be able to assist you. You can contact me, cnoe59@hotmail.com