Stand-Alone Functional Behavioral Assessment

Effective July, 1, 2020, A school district may conduct a functional behavior assessment as defined in Minnesota Rules, part 3525.0210, subpart 22, as a stand-alone evaluation without conducting a comprehensive evaluation of the student in accordance with prior written notice provisions in section 125A.091, subdivision3a. A parent or guardian may request that a school district conduct a comprehensive evaluation of the parent's or guardian's student.

The purpose of a Stand-Alone FBA is to gather new behavioral data to inform the development or revision of a Behavior Support Plan outside of the comprehensive evaluation process. The completion of a Stand-Alone FBA does not impact eligibility determinations. In conducting a stand-alone FBA, it is understood that the IEP team agrees that the existing comprehensive evaluation continues to identify and describe all other areas of special education need.

After securing parental permission to conduct the FBA, the district must complete the FBA as soon as possible, but not more than 30 school days, after receiving permission. Minn. R. 3525.2550.

● When the IEP team identifies the need for a Behavior Support Plan (BSP) and an FBA has never been conducted.

● When the IEP team identifies the need for an updated Behavior Support Plan (BSP) and the previous FBA no longer accurately describes the student.

● If a student’s disciplinary removals result in a change in placement and the IEP team determines that the student’s conduct was a manifestation of his or her disability (see 34 C.F.R. § 300.530):

• a student is removed for more than 10 consecutive school days for conduct that is a manifestation of the student’s disability, unless the district had conducted an FBA before the behavior that resulted in the change of placement occurred (34 C.F.R. § 300.530(e)(1), (f));

• a student is removed for more than 10 consecutive school days for conduct that is not a manifestation of the student’s disability, if the IEP team determines it is appropriate (34 C.F.R. §300.530(d)(ii)); or

• a student is placed in an interim alternative educational setting for not more than 45 school days for behavior involving a dangerous weapon, illegal drugs or infliction of serious bodily injury, if the IEP team determines it is appropriate (34 C.F.R. § 300.530(d)(ii)). 

• What is the district’s responsibility (during the 3 scenarios described above) when the student already has an FBA and/or BSP in place?

  • If a current FBA was already in place prior to the behavioral incident that resulted in the change of placement, then the IEP team must review the Behavior Support Plan and modify it as necessary to address the behavior. 34 C.F.R. §300.530(f)(1)(ii).

Not necessarily. Beginning July 1, 2020, a district may, through prior written notice to the student’s parent, propose to conduct a FBA as a stand-alone assessment without conducting a comprehensive evaluation or reevaluation of the student. For example, a district may propose to conduct an FBA to develop or modify a Behavior Support Plan (BSP) for a student or to determine whether the behavioral interventions and supports and other strategies, to address behavior set forth in a student’s IEP or BSP will be effective in enabling the student to make progress toward the IEP goals and objectives.

After receiving prior written notice proposing an FBA, the student’s parent or guardian may request that a school district conduct a comprehensive evaluation. If a student’s parent or guardian requests a comprehensive evaluation, the district would then conduct an FBA as part of that evaluation to assist in determining the nature and extent of the student’s need for special education and related services.