Pennsylvania Training and Technical Assistance Network
Manifestation Determination and Functional Behavioral
AssessmentApril 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.
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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.
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MANIFESTATION DETERMINATION
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Not a Change of Placement
• <10 consecutive school days• <15 cumulative school days (PA)
Manifestation determination not required.
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 reviewManifestation determination required.
Who Conducts?
• LEA• Parent• “Relevant” members of IEP team
(determined by parent and LEA
When Conduct?
• Within 10 school days of any decision to change placement – Decision first, then manifestation
determination within 10 school days
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?• 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
• 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
• 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• Unilateral decision of LEA for removal
regardless of whether manifestation or not
• For up to 45 school days• 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
• 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
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 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
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FUNCTIONAL BEHAVIORAL ASSESSMENT (FBA)
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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
What is an FBA?
“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)
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Think about this…
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?
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What is an FBA?
What is an FBA?
Results 1. Development of specific, clear
description of the behavior of concern2. Identification of environmental factors
(antecedents and consequences) corresponding with the behavior
3. Development of summary statements identifying the perceived function(s) of the behavior of concern
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Horner, R. & Sugai, G. (2007). Function based support: Selected topics. Retrieved from web 5/13/08 http://www.pbis.org/files/1107gsbrieffba.ppt
FBA
LEV
ELS
A-B-C DataStructured, Direct Observation
3. Complex
ChecklistFunctional Assessment InterviewBrief Observation/Scatter Plot
2. Simple
Archival ReviewProblem Solving Meeting
1.Informal
What are the levels of assessment?
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 25
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 summary
statement of function of the behavior.
What is an FBA?
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Only 2 Basic Functions of Behavior
ProblemBehavior
Obtain/GetSomething
Escape/Avoid
Something
Social Tangible/Activity
Adult
Stimulation/Sensory
Peer
Pos Reinf Neg Reinf
Existing aversive condition identified
What is an FBA?
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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?
Triggering Antecedents(Events that
occur preceding the
problem behavior)
Maintaining Consequences
(Typical response to the problem
behavior)
Problem Behavior/ Targeted Behavior
The FBA summary statement is a
TESTABLE HYPOTHESIS
What is an FBA?
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IEP teams determine that the student’s behavior impedes his/her learning or that of others
Start
Conduct Functional Assessment
YES
NO
NO
High Confidence in
Hypothesis
Conduct Full Functional Assessment
Develop Positive Behavior Support
Plan
Develop Positive Behavior Support
Plan
Satisfactory Improvement
YES
Monitor & Modify PBSP Regularly
Horner, R. & Sugai, G. (2007). Function based support: Selected topics. Retrieved from web 5/13/08 http://www.pbis.org/files/1107gsbrieffba.ppt
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FBA and ConsentIs 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
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FBA and ConsentWhen 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
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)
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Resources
• Walsh, J. Manifestation determinations: Avoiding needless conflict and common mistakes. (2007). Horsham, PA: LRP Publications.
Contact Information www.pattan.net
Diane [email protected](610) 265-7321 ext. 7270 Commonwealth of Pennsylvania
Edward G. Rendell, Governor
Pennsylvania Department of EducationGerald L. Zahorchak, D.Ed., Secretary
Diane Castelbuono, Deputy SecretaryOffice of Elementary and Secondary
Education
John J. Tommasini, DirectorBureau of Special Education
Patricia Hozella, Assistant DirectorBureau of Special Education 36
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