Hi and welcome to Ask Missy Mondays where I take questions from readers. Today’s question comes from Judy who writes,
“Hi Dr. Olive, my child’s school BCBA recently completed a Functional Behavior Assessment (FBA) for my child. The report seemed to be very detailed. However, I disagreed with the report because the BCBA did not include an assessment of my son’s scripting. The BCBA did not interview me as part of the FBA because it was a “school FBA”. I told the school that I wanted an Independent Educational Evaluation (IEE)/FBA at the school expense. Now they are telling me that they don’t have to give me an IEE because they think their FBA is good enough. Do I have any options?“
Hi Judy, and thanks for writing. This is a great question and so very similar to some of the things I’ve seen happening in recent months. For example, one of my relatives requested an IEE for their child’s initial evaluation and the district filed due process against them! You can imagine how scary it is to be told that your school district is filing AGAINST you!
I have a couple of points to address regarding your question. For my readers who are lost with all this terminology, you may read about an FBA here, learn about what to expect from an FBA here, and finally, learn the difference between an FBA and a functional analysis here.
Right to an IEE
First, if your child has an IEP, you have the right to request an IEE as long as the school completed their FBA within the past 12 months and you disagree with it. You don’t have to say why you disagree; just merely indicate you disagree.
The school does have a right to refuse the IEE by stating that their FBA is appropriate. At that point, you would have to file due process against them. I don’t recommend taking that step unless you have legal representation. Should you file due process against the school, you will need to prove why their FBA is insufficient.
I have heard of 3 different cases in Connecticut (I’m sure there are more) where the school refused to provide the IEE and so the family proceeded with a due process. In all 3 cases, the school district settled the case after the family spent precious time and resources gathering data, experts, and attorneys.
Parent Involvement in the FBA
My second point to your question is that the BCBA has a duty to involve you, the parent in the FBA. The reasons for this are twofold. First, the BACB Guidelines for Responsible Conduct require written parent permission to assess (see Guideline #3). Second, the BACB Guideline #4 requires client or guardian involvement during individual behavior change program planning.
“The behavior analyst (a) designs programs that are based on behavior analytic principles, including assessments of effects of other intervention methods, (b) involves the client or the client-surrogate in the planning of such programs, (c) obtains the consent of the client, and (d) respects the right of the client to terminate services at any time.”
If the parent disagrees with the FBA, how could the parent possibly be involved in the planning of the program? The BCBA should minimally involve the parent/guardian throughout the FBA and the BIP.
Research on Family Involvement
My third point to your question is to highlight the research on the importance of family involvement during the assessment and intervention process. For starters, including families in the process will serve to help educate parents on the assessment and intervention process. This education may then go on to reduce parenting stress (c.f., Bristol, et al., 1993; Gallagher, 1991; and Koegel et al., 1996). Second, professionals should be conducting assessments and development interventions utilizing a multicultural lens (c.f., Harris, 1996; Heller et al., 1994). Without parent involvement, cultural competence cannot be achieved.
In summary, if your child’s BCBA, behaviorist, behavior specialist, or similar completes an FBA on your child and you disagree with it, be sure to ask your team for an independent educational evaluation (IEE).
References
Bristol, M.M., J.J.Gallagher, and K.D.Holt 1993 Maternal depressive symptoms in autism: Response to psycho-educational intervention. Rehabilitation Psychology 38:3–9.
Gallagher, J.J. 1991 The family as a focus for intervention. In Handbook of Early Childhood Interventions, S.Meisels and J.Shonkoff, eds. Cambridge MA: Cambridge University Press.
Harris, S.L. 1983 Families of the Developmentally Disabled: A Guide to Behavioral Intervention. Elmsford, NY: Pergamon Press.
Heller, T., R.Markwardt, L.Rowitz, and B.Farber 1994 Adaptation of Hispanic families to a member with mental retardation. American Journal on Mental Retardation 99:289–300.
Koegel, R.L., A.Bimbela, and L.Schreibman 1996 Collateral effects of parent training on family interactions. Journal of Autism and Developmental Disorders 26:347–359.
I have a question and don’t know where to leave it…
I live in CT. My grandson receives special education in a therapeutic day program school. I requested they do a FBA in my home due to Travis having behaviors in the home that he doesn’t have at school. They responded that they don’t really go into the home. Is that correct?
Hi Karen, I originally replied to your question but in looking back, the response did not post so I’m posting again.
An FBA should include observations of when a behavior occurs and when it does not. This helps the assessor learn key variables about the behavior.
The responsibility of a school team does not stop at the doors of the school. Case law has been clear on this. On an individual basis, school teams must work to address behavior problems in all environments including the home. If the parents have a concern at home based on the child’s disability and IEP, the school team has a responsibility to assist and connect the family to appropriate resources to address the problem.
Every state has different requirements. Please check your state law. For example, the state of Texas requires school teams to ensure that behaviors generalize from home to school and vice versa.
Hope this helps!
[…] Requesting an IEE for an FBA. […]
I feel it is important that I correct a legal point that may be confusing to parents. The law about IEEs REQUIRES the school district to file for due process if they deny an IEE. According to 34 CFR § 300.502 when a parent disagrees with an evaluation and requests an IEE, the school district must, without undue delay, either grant the request or file for due process to prove that their evaluation was appropriate. If the District doesn’t do that, they are in violation of the law.
Thank you Penelope! You are exactly correct! Thanks for stopping by!
What happens if a school does not allow the outside BCBA to do the IEE because they are not one of the licensed professionals listed in public schools, and they refuse to pay for it up front?
Hi Becky and thanks for stopping by our blog. Your question is a great one!
If the state has requirements for evaluators, then those requirements have to be followed.
While I am not an expert in every state regarding education laws, few states have any regulations regarding FBAs (see Zirkel 2011 for a nice review). With that said, if a state license is required in order to complete an FBA, then the outside BCBA would need to be licensed by the state.
Note that currently (2019) 32 states have licensing for behavior analysts so this is only an issue in a few remaining states.
[…] Requesting an IEE for the FBA […]