IEP with FBA

[Michellenurse0]

I am going to a IEP for my difficult child who is diagnosed with ADHD with ODD, depression and anxiety. He has been suspended from school 30 total days this year. That is crazy. 9th grade , 14yr old, male. I requested a FBA to be done and the social worker at my school says that he makes choices and he knows what he is doing. I disagree. He is completely compulsive when he makes these choices. He doesnt think through the consequenses. He gets automatically suspended for everything and the principal says the school has rules and they apply to all children. Well sorry i have to disagree. He is in a 1-12-1 class for 3 periods and then main stream for the rest. As a result of all suspensions he is failing for the year. He has had a tutor sent home per iep when suspended. But the learning goes down the tubes. I need to add something to his IEP that deals with the behaviors and an alternative to being suspended. HELP. I dont know what else to do. Everytime my phone rings its Mrs F your child has to be picked up or come in now your child has 5 days OSS. Lots of his suspensions are from the feelings of everyone is out to get him. Annoying others, fighting, leaving school to self medicate (smoking pot) because he refused medications for sometime he was putting them down his sleeve. Now on Focus and Brightspark both homeopathic. And Lexapro for depression. Only been on medications for 3 weeks. What do i need to do when they refuse to stop suspending him? Thanks Everyone, Michelle

 

[Sheila]

Hi Michellenurse0 and welcome to the forum.

With this type attitude, you'll not likely to get cooperation from the school district without putting your request in writing and sending it via Certified Mail. (fax it to speed up snail mail; address it to the District Special Education Director.)

He gets automatically suspended for everything and the principal says the school has rules and they apply to all children.

Some school districts will feed misinformation to parents as long as they are allowed to get away with it. However, as long as your child does not have behavior addressed in his IEP, he can be held to the regular Student Code of Conduct.

By Federal and State law, your child can not be suspended for more than 10 cummulative days in a school year without a manifestation hearing being held, because in most situations, it constitutes a "change in placement."

There are tons of threads in this forum and in the Special Education Archives regarding behavior and IEPs.

Just a couple: The Feds specifically state that IDEA " emphasizes a proactive
approach to behaviors that interfere
with learning by requiring that, for
children with disabilities whose
behavior impedes their learning or that
of others, the IEP Team consider, as
appropriate, and address in the child’s
IEP, ‘‘the use of positive behavioral
interventions, and other strategies to
address the behavior.’’ (See section
614(d)(3)(B)(i) of the Act). This
provision should ensure that children
who need behavior intervention plans to
succeed in school receive them."

Discipline for Children With Disabilities:
Q & A Document from OSEP
http://www.conductdisorders.com/com...at-will-help-prevent-discipline-problems.462/

You might also want to spend some time at http://www.wrightslaw.com (a great resource for parents). Self-education is one of the greatest gifts we can give our special needs kids. Good job, mom!

 

[Martie]

Sheila is so correct.

Send all mail CERTIFIED. Your SD is not out to help your difficult child. They want him out the door (in my opinion) The suspension are an illegal change of placement. The law REQUIRES manifestation determination and a BIP in cases such as yours.

Martie

 

[Michellenurse0]

Thanks Martie and Sheila I understand all of the important stuff but here is my biggest dilema~ We have had a manifestation hearing and they put him in the 1-12-1 class but he still makes impulsive decisions (ie: cutting class, inappropriate comments to adults etc) and all these things are getting him suspended. They give him a tutor but they say that his behavior is not a manifestation of his condition. Have they ever lived with an ADHD kid? With ODD? Probably not. So they are clueless when it comes to the fact that his actions are a direct reflection on his body way ahead of his mind. How many times are they going to suspend him for the same action? I asked about the FBA and they tell me that his behavior has nothing to do with his disability! Are they kidding me! I just cant figure out how to go about getting this FBA and IEP to go along side each other so that everytime he does an impulsive act he doesnt get booted out the door. Now he walks in the office and he gets like 5 days for stuff that others wouldnt get nothing for. He had an anxiety attack and left the building (right outside the door) and they gave him 3 days ISS for that. I tried arguing with the principal about it and she said he has cut before i dont believe him. Mind you he left his book bag in lunch. So that to me tells me that he wasnt cutting. No slack cut. They told him he needs to think before he acts. Funny. Im sorry if i sound like a raving parent who makes no sense but Im trying to help my difficult child by getting some behavioral changes in his IEP without the school kicking him out before that.

 

[lordhelpme]

welcome michelle!

i think you need to contact an advocate. here in mich we have CAUSE groups. google CAUSE to see if there is one in your area.

does the area have a program for emotionally impaired kids? my son is starting a program in the elem level next yr and it is a highly structured, suspension as last resort, program.

 

[Martie]

Sheila,

What is the appeal process on a lost MD hearing? I've never lost one--because with ODD and ADHD--how could SD support this decision?

I know they are conducted at the local level but there HAS to be an appeal process or it would be denial of due process.....

I can't think of a citation and don't have time to look.

Thanks,

Martie

 

[Michellenurse0]

I looked up Cause and we dont have one in new york. We do have other advocate help for Special Education help. I am going to make some calls on Tuesday. I dont think that our school really offers the help he needs. Seems like this is going to be a long road. MH thinks tough love is the way you should go. I disagree. I do however punish him for his actions at school. But they have been consistantly the same compulsive behaviors for 4 years. Thanks for your help , I will let you know about the meeting on June 4th Michelle

 

[Crazy-Steph]

What is an FBA? Thanks!

 

[Sheila]

Missed my cue, Marti.

From http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CE%2C300%252E532%2C .

Sec. 300.532 Appeal.

(a) General. The parent of a child with a disability who disagrees with any decision regarding placement under Sec. Sec. 300.530 and 300.531, or the manifestation determination under Sec. 300.530(e), or an LEA that believes that maintaining the current placement of the child is substantially likely to result in injury to the child or others, may appeal the decision by requesting a hearing. The hearing is requested by filing a complaint pursuant to Sec. Sec. 300.507 and 300.508(a) and (b).

(b) Authority of hearing officer. (1) A hearing officer under Sec. 300.511 hears, and makes a determination regarding an appeal under paragraph (a) of this section.

(2) In making the determination under paragraph (b)(1) of this section, the hearing officer may--

(i) Return the child with a disability to the placement from which the child was removed if the hearing officer determines that the removal was a violation of Sec. 300.530 or that the child's behavior was a manifestation of the child's disability; or

(ii) Order a change of placement of the child with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of the child is substantially likely to result in injury to the child or to others.

(3) The procedures under paragraphs (a) and (b)(1) and (2) of this section may be repeated, if the LEA believes that returning the child to the original placement is substantially likely to result in injury to the child or to others.

(c) Expedited due process hearing. (1) Whenever a hearing is requested under paragraph (a) of this section, the parents or the LEA involved in the dispute must have an opportunity for an impartial due process hearing consistent with the requirements of Sec. Sec. 300.507 and 300.508(a) through (c) and Sec. Sec. 300.510 through 300.514, except as provided in paragraph (c)(2) through (4) of this section.

(2) The SEA or LEA is responsible for arranging the expedited due process hearing, which must occur within 20 school days of the date the complaint requesting the hearing is filed. The hearing officer must make a determination within 10 school days after the hearing.

(3) Unless the parents and LEA agree in writing to waive the resolution meeting described in paragraph (c)(3)(i) of this section, or agree to use the mediation process described in Sec. 300.506--

(i) A resolution meeting must occur within seven days of receiving notice of the due process complaint; and

(ii) The due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of the receipt of the due process complaint.

(4) A State may establish different State-imposed procedural rules for expedited due process hearings conducted under this section than it has established for other due process hearings, but, except for the timelines as modified in paragraph (c)(3) of this section, the State must ensure that the requirements in Sec. Sec. 300.510 through 300.514 are met.

(5) The decisions on expedited due process hearings are appealable consistent with Sec. 300.514.

(Authority: 20 U.S.C. 1415(k)(3) and (4)(B), 1415(f)(1)(A))

 

[Sheila]

FBA = Functional Behavioral Analysis

There are quite a few threads in this forum and in the Sp Ed ARCHIVES regarding FBAs.

 

[Michellenurse0]

Thanks Sheila you have been a great help. Steph an FBA is a functional behavior assessment. It is when your child has behaviors that interfere with learning and result in loss of learning or in my sons case SUSPENSION. All in which my school doesnt have. Michelle

 

[Michellenurse0]

I should correct my last statement, they dont have a FBA in my school for my son to address any of his issues. Like skipping class, what leads to this behavior and what can we do to stop it. I found out that we have a program that may meet the needs of my child. Now how do i get him in there? Sheila, can i also appeal a decision on placement? I know I can at a manifestation hearing but what about if I dont agree with placement? Its a small program and he has to have other diagnosis' which he does. They said that ADHD with ODD doesnt get him in this program but he has anxiety , and depression , not to mention a substance abuse problem.

 

[PollyParent]

So they are clueless when it comes to the fact that his actions are a direct reflection on his body way ahead of his mind. How many times are they going to suspend him for the same action? I asked about the FBA and they tell me that his behavior has nothing to do with his disability!

I'm a school board member, and I'll tell you that your adminsitrators do NOT understand special education or behavior issues. This is common. They tend to think that if the kid is getting "extra help" then the behaviors should just go away. You are going to need to get someone who can help you step on their head. Either someone higher up in the District Administration or an advocate who can help you enforce his IEP accomodations.

I tried arguing with the principal about it.... They told him he needs to think before he acts. Funny.

The principal is applying what that person learned about high school aged kids in their administrative credentialing course. You need to move on up that chain of command and push your child's legal rights in someone's face. You are not a raving parent, you are an angry parent. It really is shocking how little the average adminsitrator understands about Special Education kids and their means of acting out when they are stressed.

PollyParent

 

[Michellenurse0]

Hello all, we finally had the meeting and they feel he should stay in this partially confined class. He is main stream 6 out of 9 classes with no other class support. I told them that suspending him everytime he acts out is a joke. I asked about the FBA and they said that the only issue they addressed is the anxiety. I asked her why only that and they had no answer and she was very rude about it. They are clueless. I have to fight over the summer to get him in a smaller class. I guess I have to do as you said and go above everyones heads. Thanks everyone for all your wonderful advice. I finally feel like Im not alone. Michelle

 

[PollyParent]

I asked about the FBA and they said that the only issue they addressed is the anxiety. I asked her why only that and they had no answer and she was very rude about it. They are clueless.

Wait a minute.

The FBA has to take into account the child's environment. The point is to determine the function of the behavior; its root cause. You don't look at the BEHAVIOR (anxiety behaviors such as eloping) and then go backwards. Once you have determined what causes the behavior, then you can develop a plan to address the behavior before it starts.

A lot of people want to just treat the FBA as a fancy new name for yet another behavior contract. But the point of it all is to get a functional analysis done. That has to include not only his physical environment but also how people in his environment are reacting to him. (ho ho. There's a bit that the average prinicpal does not want to deal with.)

I found this description to be very helpful when an FBA was recommended for my son. Wrightslaw

We ended up not allowing them to go forward with it because at that time Saul had three different environments at school, and what worked in one area was not working in another. It was too complex, but we're going to go forward with it in the fall.

PollyParent