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

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manifestation determination and functional behavioral assessment

Manifestation Determination and Functional Behavioral Assessment

April 30, 2010

Luzerne IU

pattan s mission
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
pde s commitment to least restrictive environment lre
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)
not a change of placement
Not a Change of Placement
  • <10 consecutive school days
  • <15 cumulative school days (PA)

Manifestation determination not required.

change of placement
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.

who conducts
Who Conducts?
  • LEA
  • Parent
  • “Relevant” members of IEP team (determined by parent and LEA
when conduct
When Conduct?
  • Within 10 school days of any decision to change placement
    • Decision first, then manifestation determination within 10 school days
how conduct
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
more school friendly language
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?
if behavior is a manifestation
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
if behavior not a manifestation
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
special circumstances drugs weapons serious bodily injury
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
serious bodily injury
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
challenges to md
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
practical considerations for md process
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
practical considerations for md process1
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

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

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)


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?
what is an fba
What is an FBA?


  • 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

Archival Review

Problem Solving Meeting



Functional Assessment Interview

Brief Observation/Scatter Plot

2. Simple

A-B-C Data

Structured, Direct Observation

3. Complex

What are the levels of assessment?


Horner, R. & Sugai, G. (2007). Function based support: Selected topics. Retrieved from web 5/13/08

levels of fba
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


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.
only 2 basic functions of behavior
Only 2 Basic Functions of Behavior
  • What is an FBA?

Pos Reinf

Neg Reinf

Existing aversive condition identified

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?

What is an FBA?

The FBA summary statement is a


Triggering Antecedents

(Events that occur preceding the problem behavior)

Maintaining Consequences

(Typical response to the problem behavior)

Problem Behavior/ Targeted Behavior


IEP teams determine that the student’s behavior impedes his/her learning or that of others


Conduct Functional Assessment

High Confidence in Hypothesis

Develop Positive Behavior Support Plan



Conduct Full Functional Assessment


Satisfactory Improvement


Develop Positive Behavior Support Plan

Monitor & Modify PBSP Regularly


Horner, R. & Sugai, G. (2007). Function based support: Selected topics. Retrieved from web 5/13/08

fba and consent
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

fba and consent1
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
fba and reevaluation
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)
  • Walsh, J. Manifestation determinations: Avoiding needless conflict and common mistakes. (2007). Horsham, PA: LRP Publications.
contact information www pattan net
Diane Funsten

(610) 265-7321 ext. 7270

Contact Information

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