Manifestation Determination and Functional Behavioral Assessment

1. Manifestation Determination and Functional Behavioral Assessment April 30, 2010 Luzerne IU

2. The Pennsylvania Training and Technical Assistance Network is an initiative of the Pennsylvania Department of Education working in partnership with families and local education agencies to support programs and services to improve student learning and achievement. PaTTAN’s Mission

3. Our goal for each child is to ensure Individualized Education Program (IEP) teams begin with the general education setting with the use of Supplementary Aids and Services before considering a more restrictive environment. PDE’s Commitment to Least Restrictive Environment (LRE)

4. Manifestation Determination

5. Not a Change of Placement • <10 consecutive school days • <15 cumulative school days (PA) Manifestation determination not required.

6. Change of Placement • >10 consecutive school days • Pattern of removals • > 10 consecutive school days OR • Series of removals constitute pattern • > 10 school days in school year AND • Behavior substantially similar to previous incidents AND • Such factors as length of each removal, total amount of time removed, proximity of removals to one another • > 15 cumulative school days (PA) • LEA determines if pattern on case-by-case basis • Determination subject to review Manifestation determination required.

7. Who Conducts? • LEA • Parent • “Relevant” members of IEP team (determined by parent and LEA

8. When Conduct? • Within 10 school days of any decision to change placement • Decision first, then manifestation determination within 10 school days

9. How Conduct? • Review all relevant information: IEP, teacher observations, relevant information provided by parents • Two key determinations re conduct in question • If caused by, or had direct and substantial relationship to, child’s disability OR • If direct result of LEA’s failure to implement IEP • Examination of both school’s and child’s behavior

10. More School-Friendly Language? • If caused by, or had direct and substantial relationship to, child’s disability • Did the disability cause student to misbehave? • Is there a direct and substantial relationship? • If direct result of LEA’s failure to implement IEP • Did the school’s failure to implement the IEP directly cause the student ‘s misconduct?

11. If Behavior is a Manifestation • Conduct FBA • Implement behavioral intervention plan (PBSP)/Review PBSP and modify it as necessary to address the behavior • Return student to previous placement, unless • Special circumstances • Parents and LEA agree to change of placement as part of BIP • IEP team makes decisions about FBA, PBSP, placement

12. If Behavior Not a Manifestation • Impose same penalty as applicable to student without disability • Same manner/duration • Continue to provide appropriate services • In interim alternative educational setting (IAES)? • IEP team determines services and setting

13. Special Circumstances: Drugs, Weapons, Serious Bodily Injury • Unilateral decision of LEA for removal regardless of whether manifestation or not • For up to 45schooldays • Manifestation determination must be conducted • If manifestation, FBA and BIP required and removal limited to 45 school days • If not manifestation, same consequences as student without disability

14. SERIOUS Bodily Injury • Substantial risk of death • Extreme physical pain • Protracted and obvious disfigurement • Protracted loss/impairment of function of bodily member, organ, mental faculty

15. Challenges to MD • Disagreement: complaint, mediation, due process hearing, stay-put • Stay-Put: changed in IDEA 2004 for disciplinary cases • Child shall remain in IAES pending the decision of the hearing officer or until the expiration of the removal period, unless parent and LEA agree otherwise • Expedited hearing shall occur within 20 school days of date requested and decision within 10 school days after hearing

16. Practical Considerations for MD Process • Clarify procedures under school discipline process and those required by IDEA • Identify a school administrator to consider change in placement due to pattern of removals • Send notices immediately: Invitation to IEP meeting, regular education discipline meeting, Procedural Safeguards Notice

17. Practical Considerations for MD Process • Hold the regular education proceedings first • Prepare packet of information for each member of MD team • Document the information reviewed • Make the determination • Be prepared for nonconsensus

18. Scenario

19. Functional Behavioral Assessment (FBA)

20. What is an FBA? Assumptions underlying FBA • Behavior is learned and serves a specific purpose • To get • To avoid • Behavior is related to the context within which it occurs

21. Think about this… “If we consider problem behaviors as occurring in people, it is logical to try to change the people. If we consider problem behaviors as occurring in contexts, it becomes logical to change the context. Behavior change occurs by changing environments, not trying to change people.” O’Neill, Horner, Albin, Sprague, Storey, & Newton (1997)

22. What is an FBA? Completing an FBA allows us to analyze patterns • Under what circumstances or antecedent events is the target behavior most/least likely? • Who is present? • What is the activity? • When (time of day)? • Where does it occur? • What consequences or results predictably follow the target behavior? • What is gained or access? • What is avoided or postponed? • What broader issues are important influences on behavior?

23. What is an FBA? Results • Development of specific, clear description of the behavior of concern • Identification of environmental factors (antecedents and consequences) corresponding with the behavior • Development of summary statements identifying the perceived function(s) of the behavior of concern

24. Archival Review Problem Solving Meeting 1.Informal Checklist Functional Assessment Interview Brief Observation/Scatter Plot 2. Simple A-B-C Data Structured, Direct Observation 3. Complex What are the levels of assessment? FBA LEVELS Horner, R. & Sugai, G. (2007). Function based support: Selected topics. Retrieved from web 5/13/08 http://www.pbis.org/files/1107gsbrieffba.ppt

25. Levels of FBA Informal FBA Conducted in school by staff that regularly interacts with the student Conducted as part of normal daily problem solving Simple FBA Conducted by specialist in school setting Typically involves interviews, checklists, and brief observation Complex FBA Conducted by behaviorally trained member of school, district, Intermediate Unit Typically involves interviews and direct observation

26. What is an FBA? All three levels of FBA maintain the same goals: • Define the target behavior. • Identify setting events • Identify the events/antecedent triggers • Identify the consequences • Analyze patterns to develop a summarystatement of function of the behavior.

27. Only 2 Basic Functions of Behavior • What is an FBA? Pos Reinf Neg Reinf Existing aversive condition identified

28. FBA Summary Statement: 1. When this occurs…(describe circumstances/antecedents/setting events) 2. the student does…(describe target behavior) 3. to get/to avoid…(describe consequences) • What is an FBA?

29. What is an FBA? The FBA summary statement is a TESTABLE HYPOTHESIS Triggering Antecedents (Events that occur preceding the problem behavior) Maintaining Consequences (Typical response to the problem behavior) Problem Behavior/ Targeted Behavior

30. IEP teams determine that the student’s behavior impedes his/her learning or that of others Start Conduct Functional Assessment High Confidence in Hypothesis Develop Positive Behavior Support Plan YES NO Conduct Full Functional Assessment NO Satisfactory Improvement YES Develop Positive Behavior Support Plan Monitor & Modify PBSP Regularly 30 Horner, R. & Sugai, G. (2007). Function based support: Selected topics. Retrieved from web 5/13/08 http://www.pbis.org/files/1107gsbrieffba.ppt

31. FBA and Consent Is written consent required? Yes. • Individualized evaluation procedure • To assist in determining nature + extent of special education and related services needed, including need for PBSP • Initial Evaluation • Reevaluation Volume 3 Chapter 14 Q&A Jan. 30, 2009

32. FBA and Consent When is written consent NOT required? • Reviewing existing data • Administering a test or other evaluation that is administered to all children, unless parent consent is required for all children • Review of behavior interventions in school as a whole

33. FBA and Reevaluation Is conducting FBA a reevaluation? A reevaluation must be conducted if the LEA determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation. (300.303 (a)) • Purpose is to determine child’s needs, including whether additions/modifications to specially designed instruction and related services needed to enable child to meet IEP goals and to participate in general ed curriculum. (Volume 8 Chapter14 Q&A)

34. Scenarios

35. Resources • Walsh, J. Manifestation determinations: Avoiding needless conflict and common mistakes. (2007). Horsham, PA: LRP Publications.

36. Diane Funsten dfunsten@pattan.net (610) 265-7321 ext. 7270 Contact Information www.pattan.net Commonwealth of Pennsylvania Edward G. Rendell, Governor Pennsylvania Department of Education Gerald L. Zahorchak, D.Ed., Secretary Diane Castelbuono, Deputy Secretary Office of Elementary and Secondary Education John J. Tommasini, Director Bureau of Special Education Patricia Hozella, Assistant Director Bureau of Special Education