DMSELPA Policies and Procedures

Policy – Category 5000 (Students)

BP 5007 – Positive Behavioral Interventions

An assessment plan (form DM 66), obtaining parental consent, is required before the 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 student’s IEP. After a FBA is conducted, the team must develop a BIP. For this purpose, the team may utilize the BIP (form DM 137) which must be modified as needed as the student’s needs or circumstances change. 34 CFR §§ 300.530(e)(i)(ii), 300.530(f)(1)

§ 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, during any subsequent days of removal the public agency must provide services to the extent required under paragraph (d) of this section.

(c) Additional authority. For disciplinary changes in placement that would exceed 10 consecutive school days, if the behavior that gave rise to the

BP 5007 – Positive Behavioral Interventions

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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 09/14)

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