NYC Functinal Behavioral Assessment
A few weeks ago I sent a letter to my dd's school requesting a functional behavioral assessment (in addition to initiating a request for testing for an IEP). My logic is that if she is "too smart" for an IEP they will still be able to accomodate her disruptions and behavior in the classroom. The school just called me and told me that they will not do a FBA except as part of the IEP if it is needed. Does this make sense? Is it correct? Is it legal? Do I have any recourse other than to wait until we are done with the IEP process?
Thanks.
--
Karenj
Self: as sane as I can be everyday
A - DD (17yo) well adjusted, high functioning, motivated, successful, waiting patiently to go away to college
M - DD (13yo) Mood Disorder NOS (dx 4/2011) ADHD (dx 2nd grade), dumb high IQ, mainstream education with 504 only but failing miserably, Abilify 7mg evenings, Concerta 18mg before school
BF - Live in boyfriend of 5 years, supportive and learning more every day
EX - Ex-husband, divorced since 2002, family history of bipolar, unpredictable and sometimes raging
I live in NY as well - I don't know about the FBA request, but are they proceeding with the IEP process? They only have (I think) 30 days from the time of your request to set up a meeting. Will the district be testing your child prior to the IEP meeting? They should be doing this. Can you talk to a parent advocate on the IEP committee (they attend meetings and know a lot about the process, often they have kids in special ed) - they might be able to help you.
Of course I would recommend having a special ed attorney. They can help you with exactly what needs to be said or written to whom, and you will get an IEP.
Please try for an "emotional disability" IEP due to mood disorder. This cannot be denied due to grades, learning disablity (or lack of).
--
ds age 17 - lithium, abilify, saphris, namenda, klonopin
Thanks for your help. They are proceeding with the IEP request but I am getting run around because we are at the end of the shool year and they are all in vacation mode already. They have 60 days to complete the testing and have a first meeting - I think. I am working with people at the FRC (Family Resource Center) across the street from my office and they have been quite helpful so far. (They are a mental health resource and advocacy group run by MHA). I need to meet with them later this week on a different topic so I will see what they have to say about the IEP and FBA when I'm there. I also have already sent a notice to the school that she has been diagnosed with a medical condition that qualifies as a disability under IDEA so I'm hoping that will be considered as well. I will stress the 'emotional disability' as well.
I would love a sped attorney but I don't have unlimited funds..... Do you have an idea of how to find a good one and how much it will cost?
Fingers crossed......
--
Karenj
Self: as sane as I can be everyday
A - DD (17yo) well adjusted, high functioning, motivated, successful, waiting patiently to go away to college
M - DD (13yo) Mood Disorder NOS (dx 4/2011) ADHD (dx 2nd grade), dumb high IQ, mainstream education with 504 only but failing miserably, Abilify 7mg evenings, Concerta 18mg before school
BF - Live in boyfriend of 5 years, supportive and learning more every day
EX - Ex-husband, divorced since 2002, family history of bipolar, unpredictable and sometimes raging
My understanding is that the FBA precedes the BIP (behavior intertervention plan) which can be the basis for the IEP, so no I don't think it makes sense. I hope someone who knows the laws can pipe in but you might want to check with someone at Wrightslaw about this:
http://www.wrightslaw.com/
--
Joan in IL
Co-Moderator of Dual Diagnosis/Substance Abuse group with Becky
Family Response Team Volunteer
Link to my bio: http://www.bpkids.org/user/29354
To support CABF, go to https://www.bpkids.org/donate
I know a special ed attorney in nyc, if you want the name I will post it. Very expensive, you are correct - I think $5000 is the initial retainer.
Check with your sources on the timeline for the IEP meeting - it is not your concern that the staff is ready for the summer to begin - and fyi the special ed meetings can and are held throughout the summer. I belive that they have 30 days from the days of your request for a meeting - does not matter if they can complete the evaluations in time for the meeting.
Be sure that you are contacting the head of your committee on special education - the chairman/woman of the department is who you should address your correspondence to.
Have your child's dr(s) write letters descrbing the disability and suggestions for school accommodations. They might charge you $ to do this, but the school will use this info to help write the IEP.
--
ds age 17 - lithium, abilify, saphris, namenda, klonopin