Oregon Administrative Rules
Chapter 581 - OREGON DEPARTMENT OF EDUCATION
Division 15 - SPECIAL EDUCATION
Section 581-015-2181 - Functional Behavioral Assessments
Universal Citation: OR Admin Rules 581-015-2181
Current through Register Vol. 63, No. 9, September 1, 2024
(1) As used in this rule:
(a) "Behavior intervention plan" means an
individualized plan, including positive interventions, designed to:
(A) Assist a student to decrease
inappropriate behavior; and
(B)
Increase or teach an alternative appropriate behavior.
(b) "504 Plan" means an education plan
developed for a student in accordance with section 504 of the Rehabilitation
Act of 1978,
29 U.S.C.
794.
(c) "Functional behavioral assessment" means
an individualized assessment of a student that results in a hypothesis about
the function of a student's behavior and, as appropriate, recommendations for a
behavior intervention plan.
(d)
"Qualified person" means an individual with training and/or experience in
conducting functional behavioral assessments.
(e) "Serious bodily injury" has the meaning
given that term in ORS
339.285.
(f) "Service provider" includes school
personnel who:
(A) Are or will be providing
services related to the implementation of an individualized education program
or a 504 Plan to the student; and
(B) Do not hold a teaching license or an
administrative license.
(2)
(a) A
school district must conduct a functional behavioral assessment and develop,
review or revise a behavior intervention plan within 45 school days of
receiving parental consent to conduct the assessment for every student who has:
(A) An individualized education program or a
504 Plan; and
(B) Placed the
student, other students or staff at imminent risk of serious bodily injury as a
result of the student's behavior.
(b) For purposes of this subsection, if a
functional behavioral assessment has been previously completed, the school
district must review and/or revise the existing functional behavior
assessment.
(3) When a behavior intervention plan is developed, reviewed or revised as provided by subsection (2) of this section, the school district must:
(a) Ensure that the behavior intervention
plan is based on a functional behavioral assessment that was conducted by a
qualified person;
(b) Ensure that
the behavior intervention plan appropriately addresses the student's
needs;
(c) Allow service providers
involved in the incident when the student, other students or staff were at
imminent risk of serious bodily injury to provide meaningful input into the
development, review or revision;
(d) Inform the service providers about any
portions of the behavior intervention plan that are relevant to the service
providers and about any training opportunities for the service providers;
and
(e) Ensure that the behavior
intervention plan was correctly implemented before making any
revisions.
Statutory/Other Authority: Sec. 2, Ch. 436, OL 2017
Statutes/Other Implemented: Sec. 2, Ch. 436, OL 2017
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