Pennsylvania Training and Technical Assistance Network

Manifestation Determination and Functional Behavioral

Assessment

April 30, 2010Luzerne IU

PaTTAN’s Mission

The Pennsylvania Training and Technical Assistance Network is an initiative of the Pennsylvania

Department of Education working in partnership with families and

local education agencies to support programs and services to

improve student learning and achievement.

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PDE’s Commitment to Least Restrictive Environment (LRE)

Our goal for each child is to ensure Individualized Education Program (IEP) teams begin with the general education setting with the use of Supplementary

Aids and Services before considering a more restrictive environment.

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MANIFESTATION DETERMINATION

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Not a Change of Placement

• <10 consecutive school days• <15 cumulative school days (PA)

Manifestation determination not required.

Change of Placement

• >10 consecutive school days• Pattern of removals

– > 10 consecutive school days OR– Series of removals constitute pattern

• > 10 school days in school year AND• Behavior substantially similar to previous incidents

AND• Such factors as length of each removal, total amount

of time removed, proximity of removals to one another

– > 15 cumulative school days (PA)

• LEA determines if pattern on case-by-case basis– Determination subject to reviewManifestation determination required.

Who Conducts?

• LEA• Parent• “Relevant” members of IEP team

(determined by parent and LEA

When Conduct?

• Within 10 school days of any decision to change placement – Decision first, then manifestation

determination within 10 school days

How Conduct?

• Review all relevant information: IEP, teacher observations, relevant information provided by parents

• Two key determinations re conduct in question– If caused by, or had direct and substantial

relationship to, child’s disability OR– If direct result of LEA’s failure to

implement IEP• Examination of both school’s and

child’s behavior

More School-Friendly Language?

• If caused by, or had direct and substantial relationship to, child’s disability – Did the disability cause student to misbehave?– Is there a direct and substantial relationship?

• If direct result of LEA’s failure to implement IEP– Did the school’s failure to implement the IEP

directly cause the student ‘s misconduct?

If Behavior is a Manifestation

• Conduct FBA• Implement behavioral intervention plan

(PBSP)/Review PBSP and modify it as necessary to address the behavior

• Return student to previous placement, unless– Special circumstances– Parents and LEA agree to change of

placement as part of BIP• IEP team makes decisions about FBA,

PBSP, placement

If Behavior Not a Manifestation

• Impose same penalty as applicable to student without disability– Same manner/duration

• Continue to provide appropriate services– In interim alternative educational setting

(IAES)?

• IEP team determines services and setting

Special Circumstances: Drugs, Weapons, Serious Bodily Injury

• Unilateral decision of LEA for removal regardless of whether manifestation or not

• For up to 45 school days• Manifestation determination must be

conducted– If manifestation, FBA and BIP required

and removal limited to 45 school days– If not manifestation, same consequences

as student without disability

SERIOUS Bodily Injury

• Substantial risk of death• Extreme physical pain• Protracted and obvious disfigurement• Protracted loss/impairment of

function of bodily member, organ, mental faculty

Challenges to MD

Practical Considerations for MD Process

• Clarify procedures under school discipline process and those required by IDEA

• Identify a school administrator to consider change in placement due to pattern of removals

• Send notices immediately: Invitation to IEP meeting, regular education discipline meeting, Procedural Safeguards Notice

Practical Considerations for MD Process

• Hold the regular education proceedings first

• Prepare packet of information for each member of MD team

• Document the information reviewed• Make the determination

– Be prepared for nonconsensus

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FUNCTIONAL BEHAVIORAL ASSESSMENT (FBA)

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Assumptions underlying FBA

• Behavior is learned and serves a specific purpose– To get– To avoid

• Behavior is related to the context within which it occurs

What is an FBA?

“If we consider problem behaviors as occurring in people, it is logical to try to change the people. If we consider problem behaviors as occurring in contexts, it becomes logical to change the context. Behavior change occurs by changing environments, not trying to change people.”

O’Neill, Horner, Albin, Sprague, Storey, & Newton (1997)

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Think about this…

Completing an FBA allows us to analyze patterns

–Under what circumstances or antecedent events is the target behavior most/least likely?

•Who is present?•What is the activity?•When (time of day)? •Where does it occur?

–What consequences or results predictably follow the target behavior?

•What is gained or access?•What is avoided or postponed?

–What broader issues are important influences on behavior?

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What is an FBA?

What is an FBA?

Results 1. Development of specific, clear

description of the behavior of concern2. Identification of environmental factors

(antecedents and consequences) corresponding with the behavior

3. Development of summary statements identifying the perceived function(s) of the behavior of concern

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Horner, R. & Sugai, G. (2007). Function based support: Selected topics. Retrieved from web 5/13/08 http://www.pbis.org/files/1107gsbrieffba.ppt

FB

A L

EV

EL

S

A-B-C Data

Structured, Direct Observation3. Complex

Checklist

Functional Assessment Interview

Brief Observation/Scatter Plot

2. Simple

Archival Review

Problem Solving Meeting1.Informal

What are the levels of assessment?

Levels of FBA

• Informal FBA• Conducted in school by staff that regularly

interacts with the student• Conducted as part of normal daily problem

solving• Simple FBA

• Conducted by specialist in school setting• Typically involves interviews, checklists, and

brief observation• Complex FBA

• Conducted by behaviorally trained member of school, district, Intermediate Unit

• Typically involves interviews and direct observation

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All three levels of FBA maintain the same goals:– Define the target behavior.– Identify setting events– Identify the events/antecedent triggers– Identify the consequences– Analyze patterns to develop a summary

statement of function of the behavior.

What is an FBA?

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Only 2 Basic Functions of Behavior

ProblemBehavior

Obtain/GetSomething

Escape/Avoid

Something

SocialTangible/Activity

Adult

Stimulation/Sensory

Peer

Pos Reinf Neg Reinf

Existing

aversive

condition

identified

What is an FBA?

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FBA Summary Statement:1. When this occurs…

(describe circumstances/antecedents/setting events)

2. the student does…(describe target behavior)

3. to get/to avoid…(describe consequences)

What is an FBA?

Triggering Antecedents(Events that

occur preceding the

problem behavior)

Maintaining Consequences

(Typical response to the problem

behavior)

Problem Behavior/ Targeted Behavior

The FBA summary statement is a

TESTABLE HYPOTHESIS

What is an FBA?

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IEP teams determine that the student’s behavior impedes his/her learning or that of others

Start

Conduct Functional Assessment

YES

NO

NO

High Confidence in

Hypothesis

Conduct Full Functional Assessment

Develop Positive Behavior Support

Plan

Develop Positive Behavior Support

Plan

Satisfactory Improvement

YES

Monitor & Modify PBSP Regularly

Horner, R. & Sugai, G. (2007). Function based support: Selected topics. Retrieved from web 5/13/08 http://www.pbis.org/files/1107gsbrieffba.ppt

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FBA and Consent

Is written consent required? Yes.

• Individualized evaluation procedure • To assist in determining nature +

extent of special education and related services needed, including need for PBSP• Initial Evaluation• Reevaluation

Volume 3 Chapter 14 Q&A Jan. 30, 2009

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FBA and Consent

When is written consent NOT required?

• Reviewing existing data• Administering a test or other

evaluation that is administered to all children, unless parent consent is required for all children

• Review of behavior interventions in school as a whole

FBA and Reevaluation

Is conducting FBA a reevaluation?A reevaluation must be conducted if the LEA

determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation. (300.303 (a))– Purpose is to determine child’s needs, including

whether additions/modifications to specially designed instruction and related services needed to enable child to meet IEP goals and to participate in general ed curriculum. (Volume 8 Chapter14 Q&A)

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Resources

• Walsh, J. Manifestation determinations: Avoiding needless conflict and common mistakes. (2007). Horsham, PA: LRP Publications.

Contact Information www.pattan.net

Diane Funstendfunsten@pattan.net(610) 265-7321 ext. 7270 Commonwealth of Pennsylvania

Edward G. Rendell, Governor

Pennsylvania Department of EducationGerald L. Zahorchak, D.Ed., Secretary

Diane Castelbuono, Deputy SecretaryOffice of Elementary and Secondary

Education

John J. Tommasini, DirectorBureau of Special Education

Patricia Hozella, Assistant DirectorBureau of Special Education 36