most challenging behaviors. There are two basic triggers to the need for behavioral assessment and an intervention plan that are a requirement of IDEA 2004. The trigger points are: • Behaviors that impede the learning of the child, or of others; or • Disciplinary actions that constitute a “change of placement” (refer to Chapter 8 – Suspension and Expulsion). Section B – Responsibility of the IEP Team State law requires that the psychoeducational assessment report for all children suspected of having a disability include “the relevant behavior noted during the observation of the child in appropriate setting” and the “relationship of that behavior to the child’s academic and social functioning.” Therefore, many children will have goals in their IEPs relating to behaviors, either behaviors that contribute to improved learning skills or behaviors that enhance interpersonal and social skills. The IEP team utilizes assessment findings to determine which instructional strategies are most appropriate to teach or manage behavior and then develops goals accordingly. Such goals may contain behavioral interventions that are not based on a FBA or a Behavioral Intervention Plan (BIP). Per OSEP, if a BIP is developed, it should be included in the IEP and aligned with the goals in the IEP (71 Fed. Reg., pg. 46683, August 14, 2006) . In an effort to ensure consistency with federal law, California Education Code § 56523, as amended by AB 86, in effect, repealed Title 5 of the California Code of Regulations § 3001 and deleted the requirement for a BIP when a child with a disability exhibits a “serious behavioral problem” that significantly interferes with the implementation of the goals and objectives of his/her IEP. Instead, pursuant to California Education Code § 56521.2, as added by AB 86, a Charter LEA is required to address any student behavior that impedes the child’s own learning or the learning of other students. When the IEP team finds that (1) instructional strategies, classroom management approaches, and current goals are ineffective in a given situation, or (2) the behaviors are “other severe behavior problems that are pervasive and are maladaptive,” or (3) when previous positive behavioral intervention plans are determined to be unsuccessful in reducing dangerous or seriously maladaptive behavior, the IEP team will initiate a FBA to obtain necessary information about the related antecedent(s) and consequences of the targeted behavior. Using this information, a more systematic and comprehensive BIP may be developed by an expanded IEP team; implemented by appropriately trained staff, parents, and others necessary to carry out the goals and objectives; and regularly monitored by one or more members of the IEP team. The BIP is to be implemented as necessary in all school-related settings such as the classroom, playground, community-based instructional setting, and/or work site. Since the functional assessment will also include many other aspects of the child’s functional life behaviors, it is intended that the BIP be discussed with the parents and/or caregivers and shared, as appropriate, with other agency staff responsible for related services or residential care for the child. It is not intended that school staff be required to implement the plan in non-educational settings unless the service and setting is specifically designated in the child’s IEP.
Chapter 9 – Behavioral Interventions and Supports for Students with Disabilities, Charter SELPA
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As of 11/18/2016
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