Question My son was supposed to have an FBA. It was in our IEP. When February rolled around, they had given us nothing and not held any meeting. In the meantime, everything was getting progressively worse after a good start to the year. So they had two reasons to do the FBA, it was in the IEP and there was major deterioration that wasn't being addressed by the IEP. The next month they gave us some ambiguous notes and then in May they gave us an FBA that was completed in December but that no meeting was ever held about. No BIP was ever developed. I think this is a big violation of a FAPE but am unfamiliar with the law.
It it was committed to in the IEP, then it's a violation. You can file a Compliance Complaint with your State's Department of Education. This will cost you nothing. The State will investigate and rule that an FBA has to be completed properly. When an Functional Behavior Analysis (FBA) is conducted, the results have to be presented to the IEP Team before being implemented. This should be included in the Compliance Complaint. To be a valid FBA, there has to be detailed behavior data compiled about the student's behaviors over a period of time (I ask for 4-6 weeks). It should include all behaviors, usually by hour and day. Then the FBA is developed using this important data.
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.