FBA Required for IEP?

[sunshinegirl]

Just had my difficult child's IEP meeting this morning. She has been in EBD Pre-K for two years now, going to Kindergarden next year. She has, despite all her diagnosis done awesome in school behaviorally and academically. (As opposed to her two previous settings where she was trying to stab other students with writing tools, spitting on teachers and refusing to cooperate in any way.)

They dismissed her IEP. With what I do know about IEP's I am not shocked. She originally qualified for Occupational Therapist (OT) and daughter. She now knows her ABC's, can count to 10, knows shapes and colors. They did Occupational Therapist (OT) with her and according to them she doesn't need it anymore. While I am tremendously happy that she is doing well in atleast one setting...I feel like the rug has been pulled out from under her. She has been in a classroom with 8 students, 1 teacher and two aides. She will start Kindergarden at a different school (her zoned school, instead of having to travel 45 minutes) and will be in Gen Ed with- 25 students to 1 teacher. I am obviously very concerned with won't be the best thing for her as I have seen what happens with her in a larger classroom...and a smaller classroom without good structure.

I discussed the above concerns along with concerns on things such as she cannot count to 20..when she used to be able to. She is not holding writing utensils correctly....when she was while she was getting Occupational Therapist (OT)..once they stopped she went right back to old habits. She is not doing okay socially...she has only met half of her current IEP goals. I was told none of that matters, she doesn't have behavior issues. I was alsos told that it is a REQUIRMENT in Kindergarden or grades above that any child with an IEP MUST have had an FBA (Functional Behavior Assessment.) They said she never got one because her behavior never warrented one. Has anybody heard of this? (FBA must be in place for IEP) Is that true?

 

[Liahona]

No, that is not true. I've had lots of learning disabled students that had IEPs and didn't have a FBA. I think a FBA is a great tool to use as part of the IEP if a student has behavior problems. Also what they aren't telling you is that at any time they could've done a FBA. In fact if she was at an EBD Pre-K I'd be surprised if the teacher didn't do one.

You are right. The rug has been pulled out from under her. What would've been better is to slowly introduce her to a gen/ed classroom.

I'm not sure what your next step should be. Someone else here or an advocate would know.

 

[buddy]

oh he77 no, they are snowing you. An FBA is a functional behavior analysis which is used IF the child has a behavior or behaviors that are interfering with his/her learning or the learning of others. It is ONE kind of assessment tool (and yes it is needed to write a behavior plan but not an IEP unless there are specific behaivor goals on the IEP that need analysis). IF her needs are in other areas then other tests/assessment tools are used. THe number of FBA's done with students in all my years of teaching is few and far between, far less than what SHOULD be done, but all those kids still have their IEP's.

I have never heard of a child being put in a different/mainstream setting without some kind of transition. K is still early childhood and there is no way they can assume she wont need supports in that kind of environment given that she only started improving with her challenges when she was put in a specialized setting. It is lunacy.

I would get an advocate yesterday. Call the state disability law advocates (they travel so even if far it is worth calling) if you can't find a Special Education parent advocacy place to call. Your state dept of ed. will be able to tell you where advocates can be found too. by the way you can always call them, ask for the Special Education. division when things like this happen and run it by them. They can set the record straight and I had a complaint one time and they shut down a whole series of paperwork problems and use of secluded time out rooms in many programs with out the proper channels being used. Depends as always of course, but it is worth the try.

I am really sorry they are giving you such doo doo for excuses.

 

[BloodiedButUnbowed]

I would just like to add another opinion. If your D's primary eligibility is ED/EBD then an FBA would be appropriate for her. If she is truly EBD then she is most definitely exhibiting problematic behaviors in at least one setting. An FBA determines the appropriate behavior intervention plan (BIP) to address those behaviors. This protects students with EBD from being subjected to inappropriate or even harmful interventions, and also shows that research-based methods are being used to accommodate the student's needs. This all sounds on the up and up to me. A bigger concern is that it seems the school might be blowing off your concerns about her learning needs. Many students have more than one disability, and it's possible your D might have a learning issue as well. This all needs to be assessed, and as the parent you have a right to request this.

 

[sunshinegirl]

Thank you for the advice. I just emailed her teacher (who is the one who actually sent a note home yesterday with my daughter saying no IEP with-out FBA to ask her to send me something on that....some kind of printout on that supposed regulation/law so I can see it for myself. Very curious to see what the response will be since I cannot for the life of me find anything under IEP laws that says anything close to that. From what you guys are saying it sounds like that was total bs.

Her behavior issues in prior settings were caused by her diagnosis of sensory processing disorder (SPD), ODD, ADD and Anxiety. None of those have disappeared. I did make it very clear that I was very concern about her losing skills she previously had and they made very light of it.

On a good note, I have already made contact with the Behavior Specailist at the school she will go to for kgarden. This is the same school my older kid goes, she will be in 5th grade next year and has been there since 1st. The BS actually responded to me very fast and assured me that IEP or no IEP she will keep an eye on difficult child to make sure she isn't having issues and will put together a plan ASAP if any signs of needing help show up.

 

[helpangel]

District did worse to Angel made her start kindergarten with no IEP nothing just threw her into a gen ed class sink or swim, phone calls to work were daily - flipped teacher, hit principal, threw desk, can't find her etc. all of them ending in "get here now" Ended up leaving my job over the school calls to be available full time for Angel.

They want a functional behavior assessment so they can put a behavior intervention plan in the IEP? My answer is cool tell them to do it, hopefully they do a real one instead of a cookie cutter wish list that most of them are.

As an advocate & a parent I can honestly say a BIP is a good thing; when they are calling you to come get the kid you pull out the BIP and ask did you do A,B,C,D,E,F,G ? skipped BD&E? "no calling me is H go back start at A do all of them till G and if then still a problem call me" (made me sound like better parent then I can't leave or this office is on auto pilot, gave me time to get someone in to cover the phones) also they are going to have difficulty suspending or expelling the student if there is a good BIP in place.

All a BIP does is identify issues that can cause behavior problems, tell staff how to avoid issues, and once behavior problems happen what steps to take to help student get control of themselves back. I think it's a better idea to have regular fire drills so staff knows how to handle their students then call the parents every time a smoke alarm goes off in school JMO.

 

[JJJ]

The response from the Behavior Specialist is exactly what you needed.

Did you say the teacher sent you a note that said the IEP was being dropped??????

 

[TeDo]

Ok, I am thoroughly confused. An FBA is usually recommended to steer a Behavior Plan that is added to the IEP. If she qualified for an IEP because of behaviors but her behaviors have gone away because of the OTHER interventions she has been getting, doesn't that mean that they could change her eligibility to another classification, like Learning Disabled. It sounds like that is where she will still need help. If she hasn't met her goals, I would ask for clarification as to why the IEP has been "dropped" (through improper channels I might add). Kids with learning disabilities don't always have behaviors to warrant an FBA. I would get an advocate and bring this up with the new school she will be going to. If nothing else, I would request a new thorough evaluation from the new school and I'd make sure the request was there the very first day of school.

 

[buddy]

I would just like to add another opinion. If your D's primary eligibility is ED/EBD then an FBA would be appropriate for her. If she is truly EBD then she is most definitely exhibiting problematic behaviors in at least one setting. An FBA determines the appropriate behavior intervention plan (BIP) to address those behaviors. This protects students with EBD from being subjected to inappropriate or even harmful interventions, and also shows that research-based methods are being used to accommodate the student's needs. This all sounds on the up and up to me. A bigger concern is that it seems the school might be blowing off your concerns about her learning needs. Many students have more than one disability, and it's possible your D might have a learning issue as well. This all needs to be assessed, and as the parent you have a right to request this.

I may be misunderstanding the issue here, but I dont think that is the problem she is having. I totally agree that an FBA woudl be great and a bip if she was struggling, and you can and should have behavior GOALS too and if she is showing that as long as she gets these specialized services she is doing fine, the bip is not even needed.

If I understand right????, I think this mom sounds like she would have been fine if they said they needed to do an FBA to add to information the IEP, either for a behavior goal or for a bip. But, it sounds like what they were trying to say was because there never was an FBA done in the past, along with the fact that since being in a special education setting she has "caught up" and does not seem delayed or in need of services, they are going to drop the IEP. No matter that mom still reports delays and she has never experienced success in a typical school setting. If that is what is going on, that is just goofy.


Great idea contacting the behavior specialist to help out and I hope they will listen to you and keep the minimum number of goals needed in your state to maintain an IEP (can be things like in the general education setting, she will follow verbal directions/redirection with a criteria set, that she will increase her ability to demonstrate grade K skills including counting to X, identifying X number of basic shapes, being able to write her name...whatever your concerns are.....maybe a goal about peer interaction or using her words to request help or demonstrate frustration, et....I am sure you can think of a million things). It really seems unfair to cut her lose before getting her into a gen ed setting after needing to be pulled from one and be put in a spec. ed. setting. Of course she is doing well in that kind of setting, most kids do somewhat better. Put her in a big class witout the sensory integration support, or behavior supports that match her diagnosis...YIKES. I think you are a smart mama to ask for the documentation as to why her IEP is being dismissed. Let them know that you will follow up with the state dept of ed to make sure they are correct and see what they do. LOL

 

[sunshinegirl]

Buddy that is exactly what has happened. She has had an IEP for two years now in PreK. They dismissed her entirely from the IEP yesterday saying she can't have one anymore simply because she never had an FBA.

Odd that she got the IEP on less than she has going on now. They actually refused to look at her the private evaluations I had gotten when they previously asked me to bring them to the meeting. They also refused to watch video I had taken of her to show them what kind of behavior I see at home, have seen in school under the wrong classroom type to let them see what will happen in school. Originally I was told by her teacher that she absolutely wanted to see it...then yesterday everybody declined to watch it.

And yes...the teacher actually sent home on a sticky note the message that she was "being dismissed despite the new diagnosis since she never had an fba" Nice idea of an IEP 'team' to include the parents. They pretty much refused to take any information I had or any of my concerns into consideration. At this point I feel like I lost that battle, but the war is not over and will be better fought at the new school.

 

[JJJ]

You need to formally call a meeting of her IEP team. (Send a certified, return-receipt letter).

You will need to either educate yourself on Special Education law or get an advocate or an attorney to help. Your school district is not following the law -- either through ignorance or malice. Please save that sticky note, you may need it.

 

[keista]

the teacher actually sent home on a sticky note the message that she was "being dismissed despite the new diagnosis since she never had an fba" Nice idea of an IEP 'team' to include the parents.

As far as I know this is not eh proper way to dismiss and IEP. IOW, if that's how they dismissed, it, then it's not really dismissed. If she's changing schools next year, I don't know why they would bother dismissing it anyway.

If it were me, I'd just bring the last IEP to the new school and start from there. If the old school does not send the records with the IEP as current, maybe the new school, seeing the IEP file from you, will agree that it's needed and set it up again.

 

[sunshinegirl]

Okay...I just talked some more with the behavior specailist at the new school who is just as shocked and appauled at this as I am. She said she has never heard of this new rule about needing an FBA in order to keep an IEP. As some of you have said not all children with disabilities have behavior issues. She also was shocked they refused to take her new evaluations into consideration and said herself that the ODD diagnosis is very concerning because it isn't unusual for children with ODD to be okay in certain settings and not in others. She asked me if I had been given 'Prior Written Notice' for the dismassal and emailed me a blank form so I could see what it looked like. I never got one...and according to the BS at the new school this is not legal. She also wanted to know what formal testing and evaluations have been done to support her growth leading to no longer being eligible......And there isn't any. The last official evaluation she has had was in August of 2010. The BS at the new school said she has never heard of an IEP being dismissed without having formal evaluations conducting to support the dismissal.

So....on her recommendation and with help on wording I emailed her current IEP case worker who is her teacher and copied the principal (in our county email is acceptable versus certified mail) and formally told them I disagree, want copies of the documenation used to support her dismissal and also requested an Individual Education Evaluation since her private evaluation was not taken into consideration....so here we go......

 

[TeDo]

Your Behavior Specialist is right on and I am glad you are following her instructions. They broke the law when they did what they did. I am glad you're following up on this and not dropping the issue. Someone needs to make them accountable.

Way to go warrior mom! I'll have Buddy send my spare armour your way (now that she's done using it) whenever you need it. You're doing AWESOME!!

 

[JJJ]

So....on her recommendation and with help on wording I emailed her current IEP case worker who is her teacher and copied the principal (in our county email is acceptable versus certified mail) and formally told them I disagree, want copies of the documenation used to support her dismissal and also requested an Individual Education Evaluation since her private evaluation was not taken into consideration....so here we go......

Great Job!!

 

[helpangel]

Sorry I totally misinterpreted the situation. I would get a letter into the new school along the lines of disagree with decision to have daughter enter K without an IEP in place as I feel she needs a smaller classroom & XXX accomodations etc. for XXX reasons. Sign & date keep file copy, also send a copy to sp ed director for your district.

Next fall when the calls or problems start happening your letter will have already been sitting in that file the 30 or 90 days (time limits vary state to state) you would normally have to wait to get them to put an IEP team together, if that meeting doesn't get scheduled within 2 weeks of demonstrated need next fall get your state sp ed dept. involved. Also the school may start doing some of the accommodations you asked for while they put the IEP team together next fall. With Angel school was trying anything suggested by me at that point.

Accumulate all this stuff in a file the sticky notes, copy of e-mails, keep record of all phone calls - send written notes Re/ what was discussed during phone calls etc. As much documentation you can come up with to fight your cause. (kind of telling you to accumulate your ammo pile because it seriously looks like you might be going to war.)

I'm hoping district doesn't do to you what they did to Angel because I still ended up with her home bound last 2 months of school, kindergarten drop out situation. I so wish I had put that letter in file the spring before it wouldn't have taken till MAY to get that meeting I had been hounding school for since Sept. (took state pointing out they had been in violation of law 6 months to get IEP meeting) meeting happened within 3 days of me contacting the state.

Wish you were in my state I would advocate this one free because it looks like they are doing to yours the same thing they did to Angel and I would really love a do over. (wouldn't waste a whole school year and I could have kept my dream job)

add on edit: notice while I took a few calls & coffee break in middle of post your last post looks like you are already on top of it (need to start opening another window & check thread when finish posts an hour after started) Awesome job warrior mom kick their backsides!!!