Current through September 24, 2024
(1) A Functional Behavior Assessment shall be
conducted by a group of at least three (3) individuals knowledgeable about the
student, which may include as appropriate:
(a)
The Parent of the child;
(b) At
least one (1) special education teacher of the child;
(c) At least one (1) general education
teacher of the child;
(d) Related
Service provider(s);
(e) School
psychologist;
(f) Other school
personnel; and
(g) The
student.
(2) To the
extent possible, the FBA process shall be led by a school psychologist,
Licensed Behavior Analyst, or other school personnel trained to conduct
FBAs.
(3) An FBA shall be conducted
to inform the development or revision of a Behavior Intervention Plan in any of
the following situations:
(a) When a student
receiving Special Education and Related Services engages in conduct that
results in a change of placement as defined by
34 C.F.R.
300.536 and the LEA, the Parent, and relevant
members of the IEP team determine that the student's conduct that gave rise to
the change in placement was a manifestation of the child's
disability;
(b) When an IEP
provides for the use of restraint or isolation, as required by T.C.A.
49-10-1304(b);
(c) When the student
exhibits a pattern of behaviors that impede their learning or that of
others;
(d) When the student
exhibits a pattern of behavior that places the student or others at risk of
harm or injury;
(e) When the
student's IEP team is considering a more restrictive placement as a result of
the student's behavior; or
(f) When
determined appropriate by the student's IEP team.
(4) An FBA shall be conducted, as
appropriate, to inform the development or revision of a BIP in the following
situations:
(a) When a student receiving
Special Education and Related Services is removed from their current placement
for more than ten (10) consecutive school days for behavior not determined to
be a manifestation of the student's disability; or
(b) When a student receiving Special
Education and Related Services is removed to an interim alternative education
setting for up to forty-five (45) school days for weapons, drugs, or serious
bodily injury, irrespective of whether the student's behavior is a
manifestation of the student's disability;
(5) An FBA shall include, at a minimum:
(a) Description of the problem or targeted
behavior(s);
(b) Systematic
observation of the events that immediately precede each display of the targeted
behavior(s) and are associated with the display of the behavior(s);
(c) Systematic observation and analysis of
the consequences following the display of the targeted behavior(s);
(d) Analysis of the antecedent/setting(s) or
environment(s) in which the targeted behavior(s) occurs and the frequency of
those behavior(s);
(e) Review of
the student's educational and disciplinary records;
(f) Structured interviews with or surveys
completed by the student's teachers, Parents, or school personnel, as
determined by the group of individuals conducting the FBA, who regularly
interact with the student, and when applicable, a student interview;
(g) Review of the history of the targeted
behavior(s) to include the effectiveness of any intervention previously used;
and
(h) Determination of whether a
skill deficit is a contributing factor to the behavior(s).
1. If the results of the FBA determine that a
skill deficit is contributing to the target behavior(s), the IEP must include
measurable annual goal(s) to address the skill deficit.
(6) The group of individuals that
conducts the FBA shall review the description of the problem or targeted
behavior(s), the results of the assessment, and a hypothesis of the function of
the behavior to develop a BIP.
(7)
The BIP shall include, at a minimum:
(a) A
description of the behavior(s) and the frequency;
(b) A restatement of the hypothesized
function of behavior(s);
(c)
Measurable replacement behavior goals that align to the hypothesized function
of behavior(s);
(d) Strategies for
intervention, including but not limited to antecedent-based interventions,
mitigating the consequences that reinforce the targeted behavior(s), and/or
reinforcing identified replacement behavior(s) based on the results of the
FBA;
(e) Identification of team
members to teach appropriate replacement behaviors;
(f) A progress monitoring plan, including
regular and frequent data collection and fidelity checks;
(g) A plan to train school personnel who
interact regularly with the student on the intervention strategies identified
in the student's BIP; and
(h) A
description of the responses (i.e., consequences) or strategies required when
the challenging behavior occurs (responses or strategies may include, but are
not limited to extinction procedures, de-escalation, re-direction, or
cost-response).
(8) The
BIP shall be based on the student's most recent FBA.
(9) The student's IEP team shall review the
BIP at least annually during the student's annual IEP team meetings and revise
the BIP as needed.
(10) Nothing in
this chapter shall prohibit an LEA from developing an informal behavior plan
for a student when the IEP team determines an FBA is not warranted due to the
student's lower intensity behaviors.
Authority: T.C.A. §§
49-10-1301, et seq.;
Executive Order No. 14 of 2020 (and applicable, subsequent Executive Orders
addressing COVID-19 relief); Public Chapter 652 of 2020; and
34 C.F.R. §
300.301(c).
