Change in Placement and Updating a Functional Behavior Assessment

1. Change in PlacementandUpdating a Functional Behavior Assessment

2. Today’s Goals and Objectives…. • Define key terminology • Review the process of Making Decisions Regarding Placement • Discuss the completion of a Manifestation Determination • Discuss the process of completing and updating a Functional Behavior Assessment

3. Making Decisions Regarding PlacementRegulatory Guidance for the Admissions and Release Committee (707 KAR 1:350 Section 1) A Local Education Agency (LEA) shall ensure that to the maximum extent appropriate, children with disabilities are educated with children who are nondisabled. The LEA shall ensure that special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only if education in the regular education environment with the use of supplementary aids and services cannot be satisfactorily achieved due to the nature or severity of the disability.

4. Continuum of Placement… A LEA shall ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services. The continuum shall include the alternative placements of: • instruction in regular classes; • special classes; • special schools; • home instruction; and • instruction in hospitals and institutions.

5. The LEA shall make provision for supplementary services to be provided in conjunction with regular class placement. In determining the educational placement of a child with a disability, the LEA shall ensure that the placement decision is made by the ARC in conformity with the least restrictive environment provisions. A child’s placement shall be: • Determined at least annually; • Based on the child’s IEP; and • As close as possible to the child’shome.

6. Unless the IEP of a child with a disability requires some other arrangements, the child shall be educated in the school that he would attend if nondisabled. In selecting the least restrictive environment, consideration shall be given to any potential harmful effects on the child or on the quality of the services that he needs.

7. A child with a disability shall not be removed from education in age-appropriate regular classrooms solely because of needed modifications in the general curriculum. In providing or arranging for the provision of nonacademic and extracurricular services and activities, a LEA shall ensure that a child with a disability participates with nondisabled children in those services and activities to the maximum extent appropriate to the needs of the child.

8. What is a CHANGE OF PLACEMENT? A change of placement occurs when a child with a disability is removed for more than ten (10) school days during a school year for purposes of disciplinary action (707 KAR 1:340 Section 10)

9. Who Decides that A Change of Placement is Necessary? • The Admissions and Release Committee (ARC) must make this determination based on academic and/or social behavior that a student is demonstrating • The Least Restrictive Environment (LRE) must be a consideration

10. Functional Behavioral Assessments Are a requirement of the Individuals with Disabilities Education Act (IDEA) and the Kentucky Administrative Regulations (KAR’s)

11. When are FBA’s required? • When a change is placement may occur as a result of behavior or if behavior has been a previous concern • If suspension/expulsion exceeds 10 days in a school year • If a district is considering or moves a student to an Interim Alternative Educational Setting (IAES)

12. Who Does the FBA? • There are no specific standards • Ideally, a team approach is best with one person serving as the “case manager” • Persons most likely to be involved are the special & general education teacher(s), psychologist, counselor, parent, and principal/ARC

13. Components of a FBA • Historical and Background Data • Archival Record Review • Interviews • Observation • Direct ABC Observation • Post-Hoc Observations • Minimum of three 15-40 minute recommended

14. Components of a FBA (cont.) • Formulation of Hypothesis • Patterns from historical and background data combined with observations • Test of Hypothesis • Manipulation of variables • Never manipulate a variable that would cause harm to a student

15. Components of a FBA (Cont.) • Determination of Function of Behavior • Results of test reveal that hypothesis is correct • If not, formulate a new hypothesis and initiate the test again until function is found

16. What’s Next… • This will depend largely on the ARC • Most common “next steps” involve developing a behavior intervention plan (BIP), making adjustments to the IEP, and placement changes • Keep the FBA current by updating information as appropriate (observations, historical and background data, anecdotals, etc.)

17. When is a Manifestation Determination Necessary? 707 KAR 1:340, Section 11… (1) If an action is contemplated that will result in a change of placement of a child with a disability who has engaged in behavior that violated any rule or code of conduct of the LEA that applies to all children: • not later than the date on which the decision to take action is made, the parents shall be notified of the decision and provided with a copy of procedural safeguards; and (b) immediately, if possible, but in no case later than ten (10) school days after the date on which the decision to take that action is made, a review by the ARC and other qualified personnel shall be conducted of the relationship between the child's disability and the behavior subject to the disciplinary action.

18. What is a MANIFESTATION DETERMINATION? A manifestation determination is a procedure the ARC must complete to determine if a behavior the child is exhibiting is or is not caused by the child’s disability.

19. How does the ARC arrive at the decision that the behavior the child exhibits is or is not a MANIFESTATION OF THE STUDENT’S DISABILITY???

20. The Steps Include: • Collect and consider relevant information regarding the incident(s) • Review relevant information already collected • Consideration of guiding questions

21. Step 1: Collect Relevant Information Regarding the Incident(s) • Collect Information… • Interviews of involved parties; • Interviews of witnesses; • Gather other evidence • Items, Video, Police reports • Evaluation data… • Observation information; • Other data gathered by teachers or other personnel; • Other data in the child’s folder • Documentation of any previous disciplinary actions.

22. Step 2: Review Relevant Information Regarding the Incident(s) • Review the collected information and existing relevant information such as: • Evaluation data • Observation information; • Other data gathered by teachers or other personnel; • Other data in the child’s folder

23. OK, we have all that information gathered, now what?

24. Step 3: Consider the Guiding Questions

25. Let’s Analyze These Four Questions:

26. Were the services, goals, strategies and placements identified in the IEP appropriate? ARC should consider: • Was there a decrease in inappropriate behavior as a result of the IEP & placement? • Was there an increase in socially acceptable replacement skills as a result of the IEP &placement?

27. If the answer is “yes”: The behavior is most likely not a manifestation of the child’s disability; Continue with the process If the answer is “no”: The behavior is most likely a manifestation of the child’s disability. The responsibility is the school’s and no further discipline for the incident can occur, but more restrictive placements could be suggested for discussion at the ARC meeting. Were the services, goals, strategies and placements identified in the IEP appropriate?

28. Decide if the behavior will require a suspension of longer than 10 consecutive days OR will result in a total for the current school year exceeding 10 school days.

29. ARC should: Interview teachers, support personnel, parents and student; Compare content of IEP with actual implementation records and the placement information. If the answer to this question is “no” then the blame falls on the school. The ARC may designate a more restrictive placement for the student. If yes, move on with process. Were the components or requirements of the IEP provided and implemented as written in the IEP?

30. Was the student making progress in his/her program? • If yes, the behavior is most likely not a manifestation of the child’s disability; • If no, the behavior is most likely a manifestation of the child’s disability.

31. Conduct a student interview to determine: If the child can communicate the consequences of the behavior; and If he/she understands the adverse effect of the behavior on self and others. Conduct staff and parent interviews to determine their perspectives as to whether the child understands the consequences of his/her actions and the adverse effect effect of the behavior on self and others. If the answer to this question (& number 4) is “no” there is NO manifestation of the disability in the behaviors of the child and the student is subject to the same discipline as used for non-disabled students. If the answer is “yes”, then there can be no suspension of the child. Did the disability impair the student’s ability to comprehend the impact and consequences of his/her behavior?

32. Obtain and review information from staff and parents regarding the student’s prior behavior. Is there a pattern of similar behavior? If yes, the behavior is most likely a manifestation of the child’s disability; If no, the behavior is most likely not a manifestation of the child’s disability. If the answer to this question (& number 3) is “no” there is NO manifestation of the disability in the behaviors of the child and the student is subject to the same discipline as used for non-disabled students. If the answer is “yes”, then there can be no suspension of the child. Did the student’s ability impair his/her ability to control his/her behavior the situation in question?

33. Also… • A child’s ARC may order a change in placement of a child with a disability to an appropriate interim educational setting for the same amount of time that a child without a disability would be subject to discipline, but for not more than forty-five (45) school days, if: • The child carries or possess a weapon to or at school; a school function; or school premises; or • The child knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function.