Overview of the Functional Behavioral Assessment.
Behavior occurs for many reasons other than a child being “bad.” When a child with an IEP has behavioral difficulties that are affecting his or her learning or others in the environment the first step should be to determine why the behaviors are occurring. For instance, does Jennifer speak out in math class frequently because the material is far beyond her level and she is frustrated? Does Sam make himself the class clown to avoid doing written work because he actually has an OT issue and it is uncomfortable? Does Katie throw increasingly difficult temper tantrums because she knows she will be able to go home? Before a plan can be made for behavior we need to understand implicitly what is causing the behavior and why the child is acting in that manner so that an effective plan can be made.
Creating a Behavior Intervention Plan without doing the Functional Behavior Assessment first is like making a Lemon Lavender layer cake without a recipe – it is unlikely to work very well. Unfortunately, IDEA itself does not define the components of a "functional behavioral assessment." Instead it leaves it to the schools with the guidance that "IEP teams need to be able to address the various situational, environmental and behavioral circumstances raised in individual cases." 64 Fed. Reg. 12,620 (1999).
It is important to know that IDEA does not define the term "functional behavioral assessment." IDEA does not provide that a Functional Behavior Assessment or a Behavior Intervention Plan is required as a components of an Individualized Education Program. However IDEA does require that Individualized Education Program teams address behavior management and planning in order to provide a student FAPE and to ensure they are effectively progressing and benefiting from his or her educational programming. IDEA requires that the Individualized Education Program team use “positive behavioral interventions” which should be listed in the student’s Individualized Education Program if necessary for the student’s programming. 34 CFR 300.324
IDEA only has a few requirements for when an FBA absolutely has to be done. However, if it is appropriate for the student who needs a Behavior Intervention Plan than it would be necessary under FAPE. IDEA absolutely requires an FBA following a change in placement that resulted in a Manifestation Determination Review where the behavior was found to be a direct result of the student’s disability. 34 CFR 300.530 (f).
The Purpose of the Functional Behavioral Assessment
The purpose of doing a comprehensive Functional Behavior Assessment prior to the Behavior Intervention Plan is to analyze the behaviors, their antecedents (what is occurring before they occur), the behavior itself, and the consequence (what happens as a result of the occurrence.) If we don’t do a careful analysis than we can miss what causes the behavior. For instance, it would be easy to say Katie’s tantrums are work avoidance or designed to attract attention but a closer analysis could show a sensory issue that occurred when she was over-stimulated and wanted to go home. This analysis would lead us then to create a Behavior Intervention Plan that included a variety of sensory breaks and quiet spaces throughout the day.
A good FBA should be done over a time period long enough to appropriately get data across environments and time periods. It will include:
Data collection across environments that includes the antecedent, the behavior and the consequence;
Data collection as to other situational factors that may contribute to the behavior – noise level, time of day, class, and other relevant information.
Data from parents, teachers, and outside professionals who work with the student;
Information on the frequency of the behaviors, as well as the duration and intensity of the behavior.
Data should be gathered by more than one data taker
The analysis of the data should look for the following:
Are there patterns associated with the behavior?
Do they occur at a certain time of day, subject, or environment?
Are there times the behavior is completely absent – what does that environment look like?
What have been the past consequences with the behavior?
“Once the analysis has taken place the team will create a hypothesis (a theory) as to why the behavior is occurring and how to change that behavior to make it more acceptable so that the child can progress. The focus needs to be on replacement behaviors, positive reinforcements and options, and ensuring a Behavior Intervention Plan that will assist the child in behavioral changes. ”
Functional Behavioral Assessments should be strongly considered when:
o There has been a change of placement for more than 10 consecutive school days or a series of removals that constitute a removal of 10 days and the Individualized Education Program team concludes the behavior is a manifestation of the student’s disability. 34 CFR 300.530 (f).
o When state law direct districts to conduct FBAs when the conduct of a student with a disability behavior interferes with his or her education or that of other students. (See your individual state regulation)
o If in order to provide a Free Appropriate Public Education (FAPE) the student’s behaviors need to be assessed to create an appropriate Individualized Education Program and Behavior Intervention Plan so that they may progress across areas of need. 34 CFR 300.304(c)(4)
SAMPLE REQUEST FOR A FUNCTIONAL BEHAVIORAL ASSESSMENT
Note: This letter may be sent by email or regular mail. If sent by regular mail or hand delivered, it is very important you keep a copy of the letter as well as information as to how it was delivered. It should be sent to your child’s principal, Teacher of Record, and the Special Education Administrator responsible for Special Education in your school district.)
Dear Principal, Teacher and Special Education Administrator:
My son/daughter is a student in (grade level) as (name of the school). (Name of Child) is eligible for special education and has an Individualized Education Program to provide him/her services. This letter is a formal request for a functional behavioral assessment to be done of (name of child.)
(Name of child) has been struggling with behavior that has been impairing his/her learning and potentially the learning of others in his/her environment. It is my understanding from the following information, including (disciplinary reports, home reports, phone calls, progress reports, or other information in which behavior is being communicated) that (name of child) is behaving in ways that are causing educational issues. I believe that a Functional Behavioral Analysis could assist us in determining the causes of these behaviors and how to better address them in the school environment. This data will assist both you and staff on how to develop an appropriate plan for (name of child) and will assist me in understanding more clearly the antecedents and behaviors that are occurring within the school environment.
I am happy to provide any additional information necessary to help you understand my child’s needs. Please let me know what steps need to be taken to begin this process.
Sincerely,
Frequently Asked Questions.
Is an FBA an evaluation?
It is. Since, again, it is not addressed in the federal law, first you want to look at the state definition, if there is one in your state law. Secondly, we can look to case law. For instance, in Harris v. District of Columbia, 561 F. Supp. 2d 63 (DDC 2008), the court did find that an FBA is an “educational evaluation.” Since it is an educational evaluation, a parent can actually request an IEE focused on the FBA alone.
If my child is being disciplined in school and I have concerns about it, what do I do?
First, it depends on the type of discipline in school that your child is receiving and your child’s challenges. For instance, if your child has ADHD, talking in class is related to their disability and additional accommodations may be all that is needed. However, if you are receiving daily calls about this, sometimes more action is needed. Are they talking all the time or simply in math class? Is it when the material becomes too difficult? Normally the first thing to do if discipline of any type becomes a regular occurrence is to ask for an FBA of your child’s behavior or a new evaluation. I often advise parents to create a good paper trail as well as to what is occurring. This is essential given that the documentation by schools can be sporadic and, unfortunately, one-sided at times.
Does this mean that unless my child is out of school, they don’t have to have an FBA?
No. The FAPE standard requires an appropriate program for your child, and if your child’s behavior is interfering in school, many courts and hearing officers have stated that an FBA and BIP should be created. Your school has a duty to conduct an FBA if it is necessary to do one to provide your child an appropriate IEP. Many states have also expanded the requirements for FBAs into their state codes to ensure that any time a student with a disability has behaviors that have educational significance they are conducted.
Under Endrew F. v. Douglas County School DistrictRE-1, 69 IDELR 174 (US 2017), an appropriate IEP is one that is reasonably calculated to enable the child to make progress appropriate in light of the child’s circumstances. If your child is struggling with progress due to his or her behaviors and the school fails to address this need, then your child may not have an appropriate IEP.'
Do I need to sign a consent form or take other steps?
Yes. A school may ask you to sign a consent, just like they would in the case of every other evaluation. And yes, you should consent. If a school is just using existing data that has already been created in the past, that is not a new evaluation and they will not need to seek a consent.
Does an FBA need to be in writing?
Since IDEA is very vague in terms of FBA documents, it does not specify if it has to be in writing. However, your child’s IEP must be in writing, and if your child has behavior needs, they should absolutely be contained in the IEP.
When do I ask for an FBA versus an evaluation?
If your child has had a recent educational evaluation or an IEE and they are experiencing behaviors with aggression, acting out, or peer-to-peer interactions, you should ask for an FBA to determine when the behaviors are occurring, how often they are occurring, and what exactly is occurring. For example, if your child is kicking or biting others, is it occurring once a day or twenty times a day? Is it occurring in loud environments? Or after lunch? It may be that the child has a sensory issue and is acting out of discomfort. It may be that breaks are needed throughout the day or that the child has learned to avoid a task by engaging in this behavior.
What should be the purpose of the FBA?
The purpose of the FBA is simple. An FBA should be designed to determine the behaviors that are interfering with the child’s learning, how often the behaviors occur, when they occur, what the antecedent of the behavior is, and what the consequence of the behavior is for the student. The second part of the assessment involves looking to understand why the behaviors are occurring—is it because the child is overwhelmed, avoiding having to do a difficult task, tired, or is it simply due to a child’s disability, in which case we provide support? This support often comes through a BIP.
How long should an FBA take to complete?
Longer than an IEP meeting. Many parents come to me with FBAs and BIPs that were both created at the same time in an IEP meeting. This is a problem. It really is important for school staff to have a daily ABC chart for some period of time (a week to two weeks) that provides a list of behaviors and allows staff to enter into it the antecedent (what happened immediately before), the exact behavior that occurred, and the consequence (what immediately followed) the behavior. Ask that all staff members who work with the student complete the document to adequately determine how often the behavior is occurring. If a child is kicking others twenty times a day, it is very different than if this happens a few times a year, and we would have very different behavioral goals as a result.
Will an FBA label my child or cause problems if the school documents behavior?
No. The goal is to ensure your child has their challenges documented so that they can be supported and accommodated in school. I often hear from parents who are concerned about consenting to an FBA because they are scared that it makes their child seem like a “bad child.” This is not the case; in fact, it shows how your child’s disability affects them individually, and thus a plan can be made to get these behaviors under control so that your child can become as independent as possible. It is also so important that school staff understand your child’s needs and why they act out. Kids are not simply bad kids, and all behavior has a cause.
When is an FBA required?
When an FBA is required can be different from when it is needed. Case law has been quite specific that schools are expected to provide FBAs and BIPs proactively to prevent future problems or disciplinary consequences. I tell clients anytime their child’s behavior is interfering in the child’s learning at school, an FBA should be requested. IDEA has listed a number of triggers for when a school needs to consider FBAs.
When a child has a disability and there may be associated behavioral issues
When the child is removed for more than ten days
When the misconduct by the child is either a) a manifestation of the child’s disability or b) interferes with the child’s learning environment or the educational needs of the other students. 20 USC §1414(d)(3)(B)(i)(2004).
IDEA only absolutely requires an FBA when we have conduct that gives rise to a change in placement (removal of more than ten consecutive days or a series of removals).
How do I ask for an FBA for my child?
If your child is getting disciplined regularly at school, ask to convene an IEP meeting and let the conference know your concerns. Say you would like the school to conduct an FBA. You can also utilize the sample letter at the back of this book.
What steps must the school take to create an FBA?
IDEA does not put in place the steps that must be taken for an FBA, and these can vary from state to state. However, case law and many states have provided some pretty good guidance. The first step is to define the problem behavior (talking back, kicking, throwing a tantrum). Next, we would get data as to how often it occurs and what happens right before (math class or PE) and right after the behavior (child doesn’t have to do assignment or is removed from class). Lastly, we would look at why we think the behavior is occurring, such as a child is avoiding having to do something, looking for attention, or has a sensory issue that is being triggered.
If my child has behaviors, can the IEP simply address this without an FBA?
Yes, in some cases. IDEA requires that the case conference address behavior when a student’s behavior interferes with their ability to benefit from his educational programming. IDEA states that the IEP team must consider the child’s need for the use of “positive behavioral interventions and supports” in the case of a student with a disability whose “behavior impedes his learning of that of others.” 34 CFR 300.324(a)(2)(i). IDEA does not require the IEP team to conduct an FBA in order to meet this requirement. 71 Fed. Reg. 46,683 (2006).
The ABC Analysis
A refers to the antecedent, the event or activity that immediately precedes a problem behavior.
B refers to observed behavior, and;
C refers to the consequence, the event that immediately follows a response.
An ABC chart is often used to organize information over multiple observations by the school psychologist, a BCBA, teachers, or other staff and works by recording the types of behaviors observed and the events that precede and follow the behavior. This observation and data is what will help the FBA team form the hypothesis statement for the BIP. ABC-based documents would be used over multiple days looking for any behaviors of interest that the student has been struggling with prior to the FBA.