Wrightslaw l No Child Left Behind l IDEA 2004 l Fetaweb l Yellow Pages for Kids l Harbor House Law Press

 Home > Info > IEP FAQs Pop-Up


The Special Ed Advocate
It's Unique ... and Free!

Enter your email address below:

 

2014 - 2015 Training Program

Aug 2 - Birmingham, AL

Aug 3-8 - Wmsburg, VA

Aug 21 - Norfolk, VA

Oct 23 - Wilton, CT

Oct 25 - Olympia, WA

Oct 30 - Phoenix, AZ

Nov 6 - McAllen, TX

Nov 21 - Temecula, CA

Dec 4 - OKC, OK

Full Schedule

Be a Hero ...

 Candle in window
... to a Hero
Learn more

Wrightslaw

Home
Topics from A-Z
Free Newsletter
Seminars & Training
Consultations
Yellow Pages for Kids
Press Room
FAQs
Sitemap

Books & Training

Wrightslaw Books & DVDs
Wrightslaw Storesecure store lock
  Advocate's Store
  Student Bookstore
  Exam Copies
Training Center
Bulk Discounts
New! Military Discounts
Mail & Fax Orders

Advocacy Library

Articles
Doing Your Homework
Ask the Advocate
FAQs
Newsletter Archives
Summer School Series
Success Stories
Tips

Law Library

Articles
Caselaw
IDEA 2004
No Child Left Behind
McKinney-Vento Homeless
FERPA
Section 504
Fed Court Complaints

Topics

Advocacy
ADD/ADHD
Allergies
Assistive Technology
Autism Spectrum
Behavior & Discipline
Bullying
College/Continuing Ed
Damages
Discrimination
Due Process
Early Intervention (Part C)
Eligibility
ESY
Evaluations
FAPE
Flyers
Future Planning
Harassment
High-Stakes Tests
Homeless Children
IDEA 2004
Identification & Child Find
IEPs
Juvenile Justice
Law School & Clinics
Letters & Paper Trails
LRE/Inclusion
Mediation
Military / DOD
No Child Left Behind
NCLB Directories
NCLB Law & Regs
Parental Protections
PE and Adapted PE
Privacy & Records
Procedural Safeguards
Progress Monitoring
Reading
Related Services
Research Based Instruction
Response to Intervention (RTI)
Restraints/Abuse
Retention
Retaliation
School Report Cards
Section 504
Self-Advocacy
Teachers & Principals
Transition
Twice Exceptional (2e)
VA Special Education

Resources & Directories

Advocate's Bookstore
Advocacy Resources
Directories
  Disability Groups
  International
  State DOEs
  State PTIs
Free Flyers
Free Pubs
Free Newsletters
Legal & Advocacy
Glossaries
   Legal Terms
   Assessment Terms
Best School Websites

 
IEP FAQs Pop-Up
Special Factors in IEPs

Question 2.

If my child's behavior impedes her learning, should the IEP team refer her for a functional behavioral assessment (FBA)?

Answer

The law requires the IEP team to consider "special factors," including behavior that impedes the child's learning or the learning of other children, when they develop a child's IEP.

When your child's behavior has a negative impact on her ability to learn or her classmates' ability to learn, the IEP team should refer her for a functional behavioral assessment. A FBA identifies the purpose a behavior serves for your child.

If the school changes your child's placement for disciplinary reasons, the IEP team should complete a functional behavioral assessment.

The school should perform a behavioral assessment to see why your child may be acting out and what strategies will help your child. Those services should be added to her IEP. If your child has a BIP, an FBA will help determine if this plan should be modified, particularly before changing placement.

"If a child’s misconduct has been found to have a direct and substantial relationship to his or her disability, the IEP Team will need to conduct an FBA of the child, unless one has already been conducted.  Similarly, the IEP Team must write a BIP for this child, unless one already exists.  If a BIP already exists, then the IEP Team will need to review the plan and modify it, as necessary, to address the behavior." US DOE

If your child's behavior impedes her learning (or the learning of her classmates) or results in misconduct, parents should be aware of these questions:

Did the school complete a functional behavioral assessment on your child?

Did the IEP team develop a behavior intervention plan?

Did the IEP team develop positive behavioral interventions and strategies to address the behavior?

Did school personnel actually implement these positive behavioral interventions and strategies?

Did the school revise your child's IEP and behavior plan to address the behavior that makes it difficult for your child to learn?

Did the school train your child's teachers to use positive behavior interventions?

Legal Resource

Wrightslaw: All About IEPs Chapter 7 - Special Factors in IEPs

Wrightslaw: Special Education Law, 2nd Edition

IDEA

20 U.S.C.§ 1414(d)(3)(B)

IDEA Regulations

34 C.F.R. § 300.324.(a)(2)

34 C.F.R. § 300.530.(d)(ii)

34 C.F.R. § 300.530.(f)(i) and (ii)

Additional Resources

Wrightslaw: All About IEPs. In Chapter 7 - Special Factors in IEPs you will find a "Sample Letter to Request Functional Behavioral Assessment and Positive Behavior Support Plan.

What You Need to Know About IDEA 2004: IEPs for Children with Behavior Problems

US DOE Q and A on Discipline Procedures - Section E

Discipline: Suspension, Expulsions and IEPs

Behavior Problems & Discipline: What Parents & Teachers Need to Know

"Child is Disrupting My Class - What Can I Do?"

Functional Behavior Assessments

NICHCY - Behavior Suite

NICHCY - Special Factors/Behavior

Center for Effective Practice and Collaboration

National Technical Assistance Center on Positive Behavioral Interventions and Supports (PBIS)

Back to the Pop-Up

Print this page


Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon The Special Ed Advocate: It's Free!

 

Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright
About the Book

Wrightslaw: All About IEPs
About the Book

Wrightslaw: All About Tests and Assessments
About the Book

Surviving Due Process: Stephen Jeffers v. School Board
About the DVD Video

 

Copyright 1998-2014, Peter W. D. Wright and Pamela Darr Wright. All rights reserved.

Contact Us | Press Mission l Our Awards l Privacy Policy l Disclaimer l Site Map

25% OFF Wrightslaw Products

Wrightslaw Summer Sale!


Now Shipping!

Wrightslaw: All About Tests and Assessments
About the Book

Check it out!

Wrightslaw Store

The Advocate's Store

Get Help!

Blog the Wrightslaw

Wrightslaw on Facebook

Find us on Facebook

Wrightslaw Books

Student Discounts

Military Discounts


Wrightslaw: All About IEPs

About the Book
To Order

Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright
About the Book
To Order


About the Book

To Order


Surviving Due Process: Stephen Jeffers v. School Board

About the DVD Video
To Order


To Order


Wrightslaw: No Child Left Behind

About the Book
To Order

Wrightslaw Multimedia Training


Understanding Your Child's
Test Scores (1.5 hrs)

Understanding Your Child's Test Scores

Learn More
To Order
Retail Price: $
24.95
Wrightslaw Special: $14.95

Special Education Law & Advocacy Training
(6.5 hrs)


Wrightslaw WebEx Special Education Law & Training Program (6.5 hrs)


Learn More
To Order
Retail Price: $99.95
Wrightslaw Special: $49.95