NOTE: A functional behavioral assessment (FBA) is required any time: • Suspensions are over 10 cumulative days; or • Removals resulting in 45-day placement by an IEP team (weapons or illegal drugs) or by an impartial hearing officer (dangerous students). Manifestation Determination Best Practices 1. Do not wait until the 10th day of suspension to conduct a manifestation determination. Ensure that there are behavior goals written in the IEP for the child; 2. If the days of suspension for a child with a disability rise, add a behavior plan if there is none, or re-evaluate the current plan. Ensure that there are behavioral goals written in the IEP for the child; 3. If the manifestation determination found that the child’s action(s) were a result of the disability, add a behavior plan immediately, as behavior is interfering with learning. Section D – Behavioral Emergency and Interventions State law continues to require that Charter LEAs complete a Behavioral Emergency Report (BER) when emergency interventions are used for a child with a disability or if serious property damage occurs (Education Code § 56521.1(e)) . To be defined as a behavioral emergency, the behavior must pose a clear and present danger of serious physical harm to the child or others, or pose a threat of serious property damage. Emergency interventions such as physical restraint may be necessary to control the unpredictable, spontaneous behavior that poses clear and present danger of serious physical harm to the child or others, that cannot be immediately prevented by a response less restrictive than the temporary application of a technique used to contain the behavior. The law requires that the Charter LEA schedule an IEP team meeting within two days (D/M 68M) after emergency interventions have been used to review the completed BER (D/M 114) for a child who has a BIP, to determine whether any incident involving a previously unseen serious behavior problem or where a previously designed intervention is not effective, warrants further assessment through a FBA or revision of the BIP. If the child does not have a BIP, the designated responsible administrator shall, within two days, schedule an IEP meeting to determine if a FBA of that emergency behavior is warranted, document the reason why the FBA will or will not be conducted, and develop an interim BIP. Emergency interventions shall not be used as a substitute for a systematic BIP that is designed to change, replace, modify, or eliminate a targeted behavior. No emergency intervention shall be used for longer than is necessary to contain the behavior. For any situation that requires a prolonged use of an emergency intervention, Charter LEA staff shall seek assistance of the site administrator or law enforcement agency, as applicable to the situation. California Education Code § 56521.1
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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