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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).

  1. Can an IEE contain both an FBA and a psychological evaluation to achieve a one comprehensive evaluation?

  2. My 5 year old is in kindergarten an the school has requested consent to do an FBA. He is energetic and gets bored because he is way ahead of his peers in all subjects. He told me he can’t stand the baby stuff he is seeing during classes. In short, his dad and I refused an FBA but the schools is pushing us. Can they force it to be done somehow if we continue to say “no”?

    • The only way that they might be able to do that is by filing for a due process hearing, & the hearing officer ordering it. A well done FBA, & data gathering could show that he is bored, & not challenged. I suggest you contact the state parent training & information project. They can give you ideas on dealing with this.

  3. My son is autistic, has an IEP and some behavior issues. I have requested twice that he be put on an FBA. However, the committee decided that because he is showing progress from where he was at a few years ago, then he didn’t need to have one. I disagree, especially because I’ve been told of behavior issues happening at the school. Now my son is in legal trouble. I know that the school has to give reasons in the PWN, but what if you are not in agreement? Does the school . have to honor your request for the FBA or is it ultimately up to them?

    • If the school has given you PWN, then the next step is to file due process requesting an Independent Educational Evaluation (IEE) for an FBA.

  4. I have requested an FBA for my son twice and have been refused. He is autistic, has an IEP and has behavioral issues that have resulted in his teacher limiting his access to certain school activities. She has also noted on his report card that “Respects the rights and property of others” is an area of concern because his disruptive behavior keeps others from attending to instruction. My son is NOT aggressive. He is so intelligent, loving and kind, but his behavior is limiting his access to curriculum It is also making it difficult for the IEP team to get accurate assessment results. They noted repeatedly that results may not indicate potential due to hyper active behavior and yet they refuse to conduct and FBA so he can have a BIP.

    • Yes. The problem is convincing the school of the need. You could request a special ed evaluation if the student is having significant behavioral issues interfering with his learning.

  5. 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.

  6. 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.

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