Update of FBA YOu know, I re-read my post and realize it sounded as though I was saying that YOU put a roadblock in the way.  I didn't mean that.  I meant that, in general, it's important to give consent when it's asked for.  OTherwise, if an issue goes to a Hearing, the HO will see it as the parent no cooperating. I apologize.  I didn't mean that YOU were creating a roadblock. 1.  If you asked verbally, ask now IN WRITING to see the FBA and written BIP. 2.  If you asked in writing before, write another letter and this time copy the Superintendent, mentioning that your FERPA rights are being violated because an FBA is a record and you, as the parent, have the right to all records maintained by the District on your child. 3. If you STILL don't get the written FBA, send another letter. This time say that it's clear they have not performed an FBA because they have not sent you one, so you are now requesting that an FBA be done and that you be send the written results.  4.  If that STILL does not get results, send them a 10-day letter saying you're going to hire your own BCBA to go into the classroom to conduct the FBA and that you will be seeking reimbursement (go to www.wrightslaw.com and search it or see it in FROM EMOTIONS TO ADVOCACY).   BIP's don't have to be attached to IEPs.  However, they need to be written somewhere so that everyone can follow them. BIPs can and should change frequently to address the changing needs of the child, so it's impractical to attach the BIP to the IEP.  However, under the section called Management Needs, reference shoud be made to how the child's behavior is to be managed, in general. Or the BIP can be a part of the IEP, but that is usually only necessary in situations where the management needs are very significant or specialized in some way.  It sounds as though it's time for #4 from my pp.  It also may be that this school is not the right school for your son at this time.  Well, our son's teacher just emailed me back saying that she never said that my son had an FBA done and that he does not have a BIP in place at all and hasn't had one this whole year. So appearantly they did not use the one he had done last year at all.  She said I must have misunderstood her.  So appearantly when she called and told me that a BCBA had come several times to observe m son and that they have a BIP in the classroom it was me dreaming. So my son's teacher lied to me on the phone and then when I did the follow up letter trying to get to confirm in writing what she said verbally she denied it all. We have asked for an IEP meeting and I am bringing a tape recorder. I am beyond angry. 1st-No we won't do one here is he PWN you asked for.(in writing)  2nd- we already did one and have a BIP in place.(verbally) 3rd-you must have mis understood I never said that.(in writing)   Zayzer, I am sorry that you are going through this right now. Just hand tough record everything (you need to give them 24hrs notice). And yes they do lie on the phone. On the off time that they actually catch me on the phone, I always send an email right away confirming what was discussed and I usually ask for clarification if I thought they were speaking out of both sides of their mouth. Good luck! Informed consent is for initial evaluations. Most SD's also ask for it for triennieal reviews. But consent to place a child in special education gives the sd consent to perform other evaluations as needed.  To put roadblocks in the way of the school district ALWAYS counts against the parents in Due Process, so it's a good idea to cooperate with all testing anyway. You can always ask for an IEE afterwards. Which brings me to that point. Since an FBA is an evaluation, you can ask for an IEE to bring in your own evaluator and the district has to pay for it or take you to a hearing over your request.  Search IEE here for more info.  The FBA is a school record, so you can request, in writing, a copy of the FBA and BIP under FERPA law (search that here, too).  They can charge up to 25 cents per page, but most districts do not.  The truth is, if the BIP is not working, they have to adjust the BIP.  Ask for a team meeting (not an IEP meeting) that includes the BCBA, at least by conference call.  That way, you can plan, as a team, an update to the BIP.  If the BIP is not working after several tries, reconsidering placement might be appropriate. We didn't put road block in there way.  We were never even informed that they did one.  I asked for the reports and a copy of the BIP but they are ignoring this request so I am wondering if they did do one.  I know it is not a part of his IEP so how good is a BIP that is not on his IEP.  One that they can't even be bothered to show me.  I would ask for a IEE if I could get them to give me something to show that one was actually done.  Which I am doubting they actually did.  Because this district is real big on releases. I vistited the school for autism today and they gave us some names of other parents that may be able to help us who have delt with the same district with some of the same issues. Now the school is informing me that they already did a FBA using a BCBA who came several times over the school year.  We had no knowledge of signed no release for this and have no report or anything.  All this after they denied our request for one.  Aren't we supposed to give informed consent?  Be a part of the process? What is this and what should be my response?
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