COVID-19   Law    Advocacy    Topics A-Z     Training    Wrights' Blog   Wrightslaw Store    Yellow Pages for Kids 

 Home > Press Room > IEP Special Factors from Why Not Fathers.com, April 12, 2012


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

Enter your email address below:

2024
Training Programs

Apr. 11 - Denver, CO

June 5-8 - San Antonio, TX

Sept. 24 - MD via ZOOM

Full Schedule


Wrightslaw

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

Books & Training

Wrightslaw Storesecure store lock
  Advocate's Store
  Student Bookstore
  Exam Copies
Training Center
Mail & Fax Orders

Advocacy Library

Articles
Cool Tools
Doing Your Homework
Ask the Advocate
FAQs
Newsletter Archives
Short Course Series
Success Stories
Tips

Law Library

Articles
Caselaw
Fed Court Complaints
IDEA 2004
McKinney-Vento Homeless
FERPA
Section 504

Topics

Advocacy
ADD/ADHD
Allergy/Anaphylaxis
American Indian
Assistive Technology
Autism Spectrum
Behavior & Discipline
Bullying
College/Continuing Ed
Damages
Discrimination
Due Process
Early Intervention
  (Part C)

Eligibility
Episodic, such as
   Allergies, Asthma,
   Diabetes, Epilepsy, etc

ESSA
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
Parental Protections
PE and Adapted PE
Privacy & Records
Procedural Safeguards
Progress Monitoring
Reading
Related Services
Research Based
  Instruction

Response to Intervention
  (RTI)

Restraints / Seclusion
   and 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

 

WhyNotFathers.Com

IEP Special Factors

April 12, 2012
by Carl Young

We recently received an email from our state Family Voices organization that contained a link to an explanation of Special Factors in IEP development.  Clicking on this link surprised us.

It is a Wrights Law page. For those of you who are new to Why Not Fathers, you should know that we are huge fans of Wrights Law.  Here you can find many things about special education spelled out in a way that common people can understand.  By common, I mean anyone who can read can understand what they are telling you.

This page gives the reader a number of questions that may apply to their situation.  By clicking on the question, the reader is displayed the information in a pop-up window, which allows them to remain on the page while getting the opportunity to review the info.

We are especially impressed with how the information is displayed.  Not only does Wrights Law give an answer to the question, they also reference which sections of IDEA apply to the question as well as a list of follow-up references that are directly related to the question asked. 

For example,  the question is:

Question 2.

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

the answer is:

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?

followed by:

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)

And then includes:

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)

Kudos Wrights Law for explaining things in terms everyone can understand.  I wonder how many school administrators review your site…

"IEP Special Factors" WhyNotFathers.com

Print this page


 

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

March Sale - SAVE 25%

Print, Immediate Downloads
and Advocacy Supplies
Order Wrightslaw Product
s
and Save 25% Now!



Check Out
The Advocate's Store!

Wrightslaw on FacebookWrightslaw on TwitterWrightslaw YouTube Channel 

Wrightslaw Books
Wrightslaw: Special Education Law, 3rd Edition, by Pam and Pete Wright
About the Book

Wrightslaw: From Emotions to Advocacy, 2nd Edition
About the Book

Wrightslaw: All About IEPs
About the Book

Wrightslaw: All About Tests and Assessments
About the Book

Wrightslaw: Special Education Legal Developments and Cases 2019
About the Book

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


The Advocate's Store


Understanding Your Child's
Test Scores (1.5 hrs)

Wrightslaw Special: $14.95