If a school decides that a student needs a change in placement due to behavior, the school must also provide you with a notice about the decision on the date that the change of placement was made and provide the procedure safeguards. If a student is removed from the situation 10 days in a row or shows a pattern of removal due to a behavior, a MDR must occur to discuss the behavior needs of the student and determine if the behavior is due to their disability or not. If the MDR has decided that the behavior was DUE to the disability: A discussion about Functional Behavior Plan (FBA) and Behavior Intervention Plan (BIP) with the student’s placement in mind should occur. If a school has already done a FBA, a school is not required to do another one. If a school has not put a BIP into place before the MDR, the school must do. If a school has already put a BIP in place, the IEP team must review the BIP and discuss other strategies that can help the student’s behavior. Unless the school and you both agree that the change of placement is best for the student and it is in the BIP, the student must be returned back to the original placement. The school must continue to provide services in the placement. The IEP team may decide to conduct a FBA and change the BIP, however, this is not required If the student’s behavior is related to the use of weapons, drugs or bodily injury of a person, then they can be placed in an alternative setting for up to 45 school days. While in this placement they will still receive any accommodations and modifications currently on their IEP. During the alternative stay a FBA, BIP and other modifications are required to be completed to keep the behavior from happening again.
Was the behavior due to the student’s disability? What other behavior plans have been used to stop the behavior? Are these modifications currently on their IEP? Were these modifications used in the situation that caused the MDR hearing? When was the last FBA and BIP? For example, was it developed in elementary school and now they are in middle school so situations are different?
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