b. The child’s behavior is substantially similar to his/her behavior in previous incidents that resulted in the series of removals; and c. Additional factors, such as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another, indicate a change of placement. If, after the manifestation determination meeting has been conducted, the team determines that the removals (suspensions) are a manifestation of the child’s disability or disabilities, the team must either conduct a FBA, unless the Charter LEA had conducted a FBA before the behavior that resulted in the change of placement occurred, and implement a BIP for the child, or if a BIP already has been developed, review the BIP, and modify it, as necessary, to address the behavior. An assessment plan (D/M 66), obtaining parental consent, is required before the Charter LEA can proceed with a FBA. A FBA can be defined as an evidence-based, analytical process based on observations, review of records, interviews, and data analysis. It strives to determine the immediate past antecedents and consequences supporting the problem behavior. This assessment is the first step in designing function-based interventions that promote educational and/or social/emotional success. A FBA is necessary prior to identifying a functionally-equivalent replacement behavior and should be integrated, as appropriate, throughout the process of developing, reviewing, and, if necessary, revising a child’s IEP. After a FBA is conducted, the team must consider whether or not to develop a BIP. For this purpose, the team may utilize the BIP (D/M 136 – BIP Level I or 137 – BIP Level II) which must be modified as needed as the child’s needs or circumstances change (Title 34 of the Code of Federal Regulations §§ 300.530(e)(i)(ii), and 300.530(f)(1)). Title 34 of the Code of Federal Regulations § 300.530 Authority of school personnel - Behavioral Assessment (a) Case-by-case determination. School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the other requirements of this section, is appropriate for a child with a disability who violates a code of student conduct. (b) General.
(1) School personnel under this section may remove a child with a disability who violates a code of student conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 consecutive school days (to the extent those alternatives are applied to children without disabilities), and for additional removals of not more than 10 consecutive school days in that same school year for separate incidents of misconduct (as long as those removals do not constitute a change of placement under Sec. 300.536). (2) After a child with a disability has been removed from his or her current placement for 10 school days in the same school year,
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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