DISCIPLINE - Regulations

8. Add a new provision when there is a determination that the behavior was a manifestation of the disability.

If the LEA, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the child’s disability, the IEP Team must either conduct a functional behavioral assessment, unless the LEA had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the child or, if a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it, as necessary, to address the behavior; and except as provided in 34 CFR 300.530(g), return the child to the placement from which the child was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan.
[34 CFR 300.530(f)] [20 U.S.C. 1415(k)(1)(F)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. How and when are functional behavioral assessments and behavioral intervention plans currently conducted and developed in your district? Do you believe these are being used proactively or reactively? Please give some examples from your experience.

  2. How are behavior interventions evaluated for effectiveness? What data are collected and used to report on the impact of behavior intervention plans?

Application Questions

  1. What training does the team need to develop effective assessments of behavior?

  2. What might cause a behavior intervention plan to be ineffective?
    • What elements need to be in place to ensure that a behavior intervention plan is effective?
    • What training do implementers (teachers, related service personnel, parents, agency providers) need in order to ensure effective plan implementation?

  3. Who are the key participants in both assessment and intervention when medical and mental health concerns are present?
    • Within your community who are the specific agencies and/or persons to provide medical and mental health supports to students and schools?
    • How can collaborative efforts be established?

  4. How do parents/guardians become full participants in behavior intervention processes?

    These questions were developed by the following stakeholders working together:

    Role: Service Provider
    Location: Alaska

    Role: Service Provider
    Location: California

    Role: Educational Consultant
    Location: Florida

    Role: Higher Education
    Location: Indiana

    Role: Family
    Location: New Jersey

    Role: Teacher
    Location: Pennsylvania

    Role: Administrator
    Location: Pennsylvania

    Role: Teacher
    Location: South Carolina

    Role: Teacher
    Location: West Virginia