ERIC Number: EJ1451197
Record Type: Journal
Publication Date: 2024
Pages: 3
Abstractor: ERIC
ISBN: N/A
ISSN: ISSN-0164-775X
EISSN: N/A
FBAs and BIPs Under the IDEA: The Latest Update of the Judicial Case Law
Perry A. Zirkel
Communique, v53 n4 p28-30 2024
In contrast with professional norms and best practices, the legal requirements for functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) are meager in scope and specificity (Collins & Zirkel, 2017). Section 504 of the Rehabilitation Act makes no mention of FBAs or BIPs, and the Individuals with Disabilities Education Act (IDEA) only requires them, in tandem with manifestation determinations, for disciplinary changes in placement (§ 1415[k][1][D]-[F]). The line of court decisions that interpret and apply the IDEA, including its corollary state laws, to FBAs and BIPs has continued unabated. Three successive empirical analyses have traced the frequency and outcomes of the court decisions with rulings specific to FBAs or BIPs under the IDEA. The purpose of this update was to determine the corresponding results for the most recent period of July 1, 2020 to September 1, 2024. This analysis of 4 years' worth of court decisions regarding functional behavior assessments and behavior intervention plans highlights the importance of maintaining legal literacy while engaging in best practices to support students.
Descriptors: Functional Behavioral Assessment, Legal Responsibility, Educational Legislation, Equal Education, Federal Legislation, Students with Disabilities, Behavior Problems, Intervention, Court Litigation, Discipline, Student Placement
National Association of School Psychologists. 4340 East West Highway Suite 402, Bethesda, MD 20814. Tel: 301-657-0270; Fax: 301-657-0275; e-mail: publications@naspweb.org; Web site: http://www.nasponline.org/publications/
Publication Type: Journal Articles; Reports - Evaluative
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act
Grant or Contract Numbers: N/A