Carla: Can a school team complete a Behavioral Plan without consent?
Can a Behavioral Plan be completed without permission
from parent?
Consent: IS PARENT CONSENT NEEDED FOR BEHAVIOR PLAN?
Special Education Law and Advocacy
School completed an FBA in November and updated BIP but never sent me the new BIP until I asked for it in January. The new BIP wasn’t updated at all except for date and wasn’t based on new FBA. Furthermore, the FBA and BIP contains vague definitions. For example aggression is defined as any successful or unsuccessful attempt at any action with the potential to cause harm. If he bolts they are to redirect back to the area. However, recently he was whining and in an attempt to leave the self contained room he tried to push past staff in an attempt to leave the room. They didn’t say if they blocked him, but they marked this as aggression and attempt to bolt. After this he remained whining and crying, missed recess and ate lunch in the self contained room.
I believe they violated my child’s rights and my procedural rights. Correct?
In Massachusetts
Carla –
Nothing explicitly prevents schools from completing behavior plans without parent consent. But behavior plans are often created using the results of a functional behavioral assessment(FBA), and the school *probably* needs parent consent to complete the FBA (many states consider FBAs evaluations – which require parent consent – while others a silent on the issue).