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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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10/03/2019 8:58 am

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?

10/03/2019 10:27 am
Reply to  Sara

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.

10/03/2019 1:19 pm
Reply to  lourdes

You can also request mediation with the due process request, or by itself.

05/20/2019 11:56 pm

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.

05/21/2019 10:51 am
Reply to  Elizabeth

I suggest that you contact your state parent training and information center. They can give you advice on things that you could do to assist your child.

11/05/2018 2:49 pm

Hi, can a non-sped student have FBA or BIP?

11/06/2018 1:21 pm
Reply to  Gemma

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.

05/02/2017 11:23 pm

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?

05/03/2017 2:55 pm
Reply to  angela

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.

02/05/2016 12:34 pm

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.

05/03/2017 3:56 pm
Reply to  Chuck

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?

05/04/2017 12:25 pm
Reply to  angela

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.