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The GAP Attorneys Blog

Meeting the needs of people with disabilities, their families, educators & service providers

FBA and BIP not necessary where student’s behavior was stereotypic of autism and placement included supports and services to address student’s behavioral needs

In re: Student with a Disability, 58 IDELR 209 (SEA NY 2012): The New York State Review Officer (SRO) overturned the decision of an impartial hearing officer (IHO) which awarded private school tuition reimbursement to the parents of a student with autism.  The SRO determined that, despite the fact that the student engaged in behaviors that seriously interfered with his learning, the school district did not deny the student a FAPE by failing to conduct a functional behavioral assessment (FBA) and develop a behavior intervention plan (BIP).  The SRO noted that the state regulations define an FBA as “the process of determining why a student engages in behaviors that impede learning and how the student’s behavior relates to the environment . . .”  8 NYCRR 200.1(r).  The SRO accepted the school district’s argument that an FBA was not needed for the student since the student’s stereotypic behaviors were consistent with autism, and therefore the school district did not need to determine why the student was engaging in the behaviors.  A BIP was not needed because the recommended placement included supports and services to address the student’s behavioral needs.

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This entry was posted on Monday, August 27th, 2012 at 9:52 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

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