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Fba, Manifestation Determination, Expulsion

Family Law Discussion Forum

Fba, Manifestation Determination, Expulsion

Postby Asriel » Mon Dec 05, 2016 2:08 am

I would like some clarification about the requirement of an FBA following or as part of a manifest determination. If a student with an IEP brings a weapon to school, a manifest determination meeting is held. It is then required that a functional behavior assessment be conducted even though the behavior of concern is not a repetative behavior with clear precipitants. My question is: Is an FBA required in every case of manifest determination and , if so, is there a modified version of an FBA that is more appropriate and relevant to a single episode or infraction of violating school rules and/or Massachusetts state laws?
Asriel
 
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Fba, Manifestation Determination, Expulsion

Postby Shiraz » Tue Dec 06, 2016 9:54 am

Amy,

Federal law does not mandate that an FBA be conducted in conjunction with a Manifestation Determination. The goal is to determine if a bad behavior is a manifestation of the child's disabilities. It does not make sense to me to do an FBA for a student that makes the huge mistake of bringing a weapon to school. I have not researched your situation in Massachusetts state law, but I know an FBA is not called for in the federal IDEA. The FBA identifies bad repetitive bad behaviors, their frequencies, what triggers them, what can be done to avoid having them happen, and what should be done when they do happen. Hopefully, bringing a weapon to school is not a repeating offense. For one thing, the guilty student is often expelled for a first offense so they won't be doing it a second time.

When I am representing a student in a Manifestation Determination, I insist on seeing the incident report, related police reports(the parents have to get these from the police), witness statements, and all other pertinent information. Often the school. in their rush to judgement, doesn't want to provide this information until the Expulsion Hearing. But I have argued in Due Process filings that fedeal law clearly gives the student the right to see of all his or her education records. Tim Runner, Advocate

Advocates for Kids

Email: timrunner[email protected]

Phone:(949) 582-3601

You can learn more at my web site: www.special-education-answers.com  
Shiraz
 
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Fba, Manifestation Determination, Expulsion

Postby spengler » Tue Dec 06, 2016 2:37 pm

I would like some clarification about the requirement of an FBA following or as part of a manifest determination. If a student with an IEP brings a weapon to school, a manifest determination meeting is held. It is then required that a functional behavior assessment be conducted even though the behavior of concern is not a repetative behavior with clear precipitants. My question is: Is an FBA required in every case of manifest determination and , if so, is there a modified version of an FBA that is more appropriate and relevant to a single episode or infraction of violating school rules and/or Massachusetts state laws?
spengler
 
Posts: 50
Joined: Sat Apr 02, 2011 4:38 am


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