Student Rights: When Functional Behavior Analysis Isn’t Conducted Fairly

If your student requires additional resources or support in school learning, an individualized education plan (or IEP) might be the best solution. Along with a student’s IEP, schools can also perform Functional Behavior Analysis (or FBA) to formally assess and understand student behaviors. But what happens when these programs aren’t effective? More importantly, what can parents do to ensure their students’ rights are protected throughout any IEP or FBA enforcement strategy?

While both of these measures intend to support students, there can be issues. If you suspect your school administrators or teachers fail to adhere to or properly enforce an FBA for your student, there’s a formal process to follow for filing a complaint. And you don’t have to go it alone with LLF National Law Firm’s Student Defense Team in your corner.

Call 888-535-3686 or fill out our confidential online contact form today.

How the Functional Behavior Analysis is Supposed to Work

A Functional Behavior Analysis (FBA) is a formal process used in schools to understand why a student is engaging in certain behaviors. It’s especially applicable when those behaviors interfere with learning or safety. It’s most commonly applied to students with disabilities or behavioral challenges under the Individuals with Disabilities Education Act (IDEA), but can be used with any student.

What Is a Functional Behavior Analysis?

An FBA seeks to identify:

• The specific behavior(s) of concern
• The context in which the behavior happens (settings, time, people)
• What happens before (triggers or antecedents)
• What happens after (consequences or responses that might unintentionally reinforce it)
• The function of the behavior, meaning what the student gains from it, including attention, avoidance, sensory stimulation, or access to something

The FBA process involves:

• Observations by trained staff
• Interviews with teachers, parents, and sometimes the student
• Data collection and analysis over time

Why Schools Use FBAs

Schools nationwide are required to use FBAs when a child with an IEP exhibits behaviors that interfere with their own learning experiences or the learning of other students. Other behavioral observances include those that raise child safety concerns or result in disciplinary action.

Typically, an FBA then informs the creation of a Behavior Intervention Plan (BIP),acustomized strategy to prevent, teach, and reinforce positive student behaviors.

What Should Happen After an FBA

After completing an FBA, your school team should communicate with you to share their findings. The team should also work with you collaboratively to develop a BIP and plan to monitor your child. It’s also customary for parents and FBA school teams to reconvene regularly to make adjustments to the plan.

The key here is to recognize whether or not your school officials are communicating with you compassionately and with transparency. If at any point you feel isolated from your child’s behavioral plan or that the plan itself is a formality or punishment, you have every right to voice your concerns.

What to Do If Your School Fails to Do This Correctly

If your school isn’t conducting an FBA when required or if the process lacks integrity or follow-through, you are not powerless.

How our education attorneys can help nationwide:

• Know your rights: We provide resources that explain federal IDEA and Section 504 regulations, including when an FBA is required.
• Review your documentation: We help families understand their IEP or 504 Plan documents and identify gaps or violations.
• Request support: We assist with crafting formal requests for FBAs or BIPs in language that compels school action.
• Connect with experts: We connect families to trained advocates and behavior specialists in your state.
• Hold schools accountable: If necessary, we guide you through the process of filing a state complaint, due process hearing, or Office for Civil Rights (OCR) complaint.

LLF National Law Firm’s Student Defense Team Can Help

A Functional Behavior Analysis is a vital tool to support your student’s success. When schools get it right, students thrive. When they don’t, families have every right to demand better, and we’re here to help you do just that. Contact our Student Defense Team today to tell us about your student’s situation to get started. Call 888-535-3686 or fill out our online contact form.