Special Education/Fba and due process


Thanks for the reply.  I do want to be clear
1) I didn't know he had a token board. I don't like them and all research shows these systems fail. They sometimes work for a limited time but produce nothing lasting or in their absence
2) some kids respond poorly as in they rebel against the control.  So this has not only not helped it's hurt
3) we agreed to do fba.  I signed document.  They just didn't do it. I can't make them.
4) if the state investigates does it issue any ruling that could be useful? Has this ever helped? Seems like the state would go along with thr school.
5) my son used to be happy.  He cries daily in school now. He won't do work and is upset there aren't rewards. At home he does homework without rewards or coaxing
6) would not doing an fba even after requested at start of year qualify as denial of fape?


Tokens work for some students and not others.

The law says they have 60 days (holidays and vacation days don't count) from date you signed an Assessment Plan to conduct the FBA and report their findings in an IEP.

The school not doing it is a violation of FAPE and a Compliance Issue. You can either file for Due Process or File a Compliance Complaint with the State Dept. of Education. The Compliance Complaint is much less costly and sometimes faster. They do tend to side with the schools, but this is blatant so they will order the school to complete it. I always ask, in the proposed remedy, that they not only have to do the FBA, they also need to train all their staff in the timeline requirements. This costs them time and money which may lead to a faster solution. You can file on-line at the state website: Search "Compliance Complaint."

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Tim Runner


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.

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.

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