Question I have an 8 yr old with ADHD and speech delay. He is very smart doing great in tests. He doesn't sit for long periods. He's great in 20 minute increments. The school says to stay in coteacher class he needs fba. He's a good kid but will get up and aide is useless. Teachers have rotten lazy attitudes though I can't say they're mean. They half take advice though they attest it always helps. Our son is very good at home. They don't have anyone who knows him well to do fba and they refuse to find someone agreeable to us all. Do they have right to insist on fba as condition of staying in class. Our son is not aggressive but I think he needs stimulation he's not getting. A self contained class was a nightmare as he was quadruple fidgety and had no peer models for speech. It doesn't seem right that nothing they do is under any scrutiny. I know our son has issues but they are manageable
I'm sorry to report that the law is on the side of the school. A student whose behavior impacts the student's ability to access his or her education or the education of other students must have an FBA. The law also gives the school the right to select the assessor (so long as they are qualified). When done correctly, the FBA should collect classroom data on the student over a period of time in order to determine the frequency of each behavior, the causes, and the antecedents. It can be a very helpful tool for determining what is going on.
Once the FBA is completed, they must develop a Behavior Plan, present it in an IEP Team meeting, and you must accept this plan before it can be implemented. You have the right to have the FBA and proposed Behavior Plan reviewed by your own expert who can accompany you to the IEP meeting.
I wish you and your son the best,
Tim Runner, Advocate
Advocates for Kids
Phone: (949) 582-3601
You can learn more at my web site:
Questions concerning special education: IEP, assessments, Due Process, mediation, resolution conference, federal law, state law, qualifying for services, residential treatment, special day classes, resource specialists, procedures, having your child assessed, adaptive PE, speech & language, non-public school, FAPE, and tuition reimbursement.
I have been an education advocate representing students and parents for six years. My experience includes: representing my clients in IEPs, SSTs, Due Process, review assessment results for my clients, and mediations. I have represented clients with learning disabilities, autism, Downs Syndrome, cognitively challenged, emotional problems, learning disabilities, ADD/ADHD, and physical disabilities. I have also represented clients to County Mental Health Departments and Regional Centers. My clients range from pre-school to college students in many states.
Education/Credentials I have a degree in Mathematics from the University of California with minors in Psychology and Physics. I also studied applied statistics in psychology at the graduate level. I have taught college classes, conducted seminars, written articles for various publications, and testified as an expert witness.