Under What Circumstances Must An IEP Team use FBAs and BIPs?

My daughter took this picture of a friend's gazebo in Cairo.

Pursuant to 34 CFR section 300.530(f), FBAs and BIPs are required when the LEA, the parent, and the relevant members of the child's IEP team determine that a student's conduct was a manifestation of his or her disability under 34 CFR section 300.530(e). If a child's misconduct has been found to have a direct and substantial relationship to his or her disability, the IEP team will need to conduct a FBA of the child, unless one has already been conducted. Similarly, the IEP team must write a BIP for this child, unless one already exists. If a BIP already exists, then the IEP team will need to review the plan and modify it, as necessary, to address the behavior.

For a child with a disability whose behavior impedes his or her learning or the learning of others, and for whom the IEP team has decided that a BIP is appropriate, or for a child with a disability whose violation of the code of student conduct is a manifestation of the child's disability, the IEP team must include a BIP in the child's IEP to address the behavioral needs of the child.

Yes...my daughter is still in Cairo. She took this picture of a father and son riding on a burro. I believe she still prefers a cab.

In Johnston County (NC) Schools , 56 IDELR 305 (OCRXI, D.C. (NC) 2011), the Office for Civil Rights (OCR) determined that a school district violated Section 504 of the Rehabilitation Act of 1973 when it conducted a manifestation determination review (MDR) after a student with ED and ADHD completed his suspensions. OCR explained that under Section 504 a reevaluation, including a MDR in the case of a disciplinary exclusion, must occur prior to a signficant change of placement. On February 5, 2010, the school district imposed a 10-day suspension to take effect the same day. However, the district had suspended the student two times earlier in the year. When MDR concluded that the student's conduct was a manifestion of the student's disability the parent claimed the school district violated Section 504 by imposing suspension prior to the MDR. In the case of a series of short-term suspensions, the MD review must occur prior to the last in a series of suspensions that cumulatively amount to more than 10 days.

Yes...it has been a long time since my last post. I've been working feverishly on my research to finish my dissertation. What a sweet day it will be when it is said and done! My daughter came home from Cairo for two weeks during the protests then returned as soon as Mubarak stepped down and classes at the American University in Cairo resumed. Here is another pic from the cab on our way to tour the pyramids last August.

Perry A. Zirkel, University Professor of education and law at Lehigh University, requested that I share the following opportunity with my readers:

Special Education Law Symposium 2011
June 26 - July 1, 2011
Lehigh University is offering its successful and intensive one-week Special Education Law Symposium under the co-direction of Drs. Perry Zirkel and James Newcomer. Presenters at the Institute will provide a practical analysis of legislation, regulations, and case law relating to the education of students with disabilities. Featuring a faculty of legal experts from several states, the program offers two parallel tracks—one for basic and the other for advanced practitioners. The workshop is offered alternatively for graduate or continuing education credit.
The keynote speaker will be Dr. Melody Musgrove, Director of the Office of Special Education Programs, U.S. Department of Education.
To view the program details or register, visit our website: http://www.lehigh.edu/education/law
and follow us on Facebook: Special Education Law Symposium - Lehigh University.

For questions contact Sharon Fehlinger at srf5@lehigh.edu or 610-597-4643. Please disseminate this information to any interested colleagues.