State Laws for Functional Behavioral Assessments and Behavior Intervention Plans

By Zirkel, Perry A. | National Association of School Psychologists. Communique, November 2016 | Go to article overview

State Laws for Functional Behavioral Assessments and Behavior Intervention Plans


Zirkel, Perry A., National Association of School Psychologists. Communique


The legal literature specific to functional behavioral assessments (FBA) and behavioral intervention plans (BIP) has focused almost entirely on case law (e.g., Dieterich, Villani, & Bennett, 2003; Losinski, Katsiyannis, & Ryan, 2014; Poucher, 2015; Zirkel, 2011a) or federal legislative advocacy (e.g., Ober, 2014; Poucher, 2015). In the only systematic and objective canvassing of state laws, Zirkel (2011b) identified 31 states with legislation or regulations that exceeded the requirements of the IDEA for FBAs and/or BIPs in the K-12 public school context, finding that most of these provisions were notably limited in scope and strength. The leading state by far was California, with detailed definitions of FBAs and BIPs and the broad trigger of when the child's behavior impeded the learning of the child or others. The purpose of this article is to update Zirkel's (2011b) results, including the identification of any state law provisions that his search-primarily due to differences in terminology-missed.

FRAMEWORK

Per Zirkel's (2011b) template, the legal foundation consists of the rather minimal national requirements of the Individuals with Disabilities Education Act (IDEA, 2014). More specifically, as Zirkel (2011b) explained in more detail, the IDEA (a) does not define either an FBA or a BIP, and (b) only requires them in tandem with a manifestation determination upon a disciplinary change in placement, which is defined as more than 10 consecutive days of removal or the equivalent pattern of cumulative days in a school year. Within this limited disciplinary context, the nuanced difference is that if the defensible determination is that the conduct at issue is a manifestation of the student's disability, the IDEA (2014) has an unqualified requirement for an FBA and a BIP, whereas for the opposite determination, the IDEA requires "as appropriate, a [FBA], behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur" (§1415[k][1][D]-[E]).

However, in clear contrast, when the child's behavior impedes his or her learning or that of others, the IDEA only requires the IEP team to "consider the use of positive behavioral intervention and supports, and other strategies to address that behavior" (§1414[d)[3][B][i]). In the IDEA regulations' commentary (2006), the U.S. Department of Education's Office of Special Educational Programs (OSEP) explained that for this learning-impeding situation, FBAs and BIPs "are not required components of an lEP" unless state law provides otherwise (p. 46,629). In subsequent commentary, OSEP added that the IDEA does not define FBAs or BIPs and defers to state law for related issues, such as who is qualified to conduct FBAs or BIPs (Letter to Janssen, 2008). Although these OSEP interpretations are not legally binding, the subsequent case law (e.g., Zirkel, 2011a) generally confirmed this interpretation.

Using this same foundational framework of the IDEA, this updated analysis sought to address two questions:

1. What is the current extent of state statutes and regulations specific to FBAs and BIPs in the K-12 public school context addressing the sub-issues of (a) when, (b) who, (c) what, and (d) how?

2. Elaborating on item 1c, what is the extent that these state laws defined (a) FBAs and (b) BIPs in relation to the components Zirkel (2011b) derived from the professional literature?

UPDATED RESEARCH RESULTS

The search procedure started with the state law citations in Zirkel (2011b) but extended to a comprehensive Boolean search of the Westlaw database of (a) state statutes and (b) state regulations, using various search strings including "school" & "functional behavior! assessment" OR "functional behavior! analysis" OR "behavior! intervention plan" OR "behavior! management plan" OR "behavior! support plan" (with "!" being the root expander in the Westlaw search system). Within the resulting citations, the primary selection criteria were (a) containing FBA or BIP definitions, triggers, or procedures; and (b) applying to the K-12 school context. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

State Laws for Functional Behavioral Assessments and Behavior Intervention Plans
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.