We’ve now updated the firm’s Toolbox training to Version 4.1, which incorporates the statutory changes we got from the past legislative session involving FBAs, BIPs, restraint, and time-out.  One of the questions that is coming up is about doing an FBA within the time frame laid out in HB 785. 

But remember: there is no time frame in that law for DOING the FBA. The time frame (10 school days) is for SEEKING CONSENT to do an FBA.  From what I hear, an FBA, if done properly, is likely to take longer than 10 days. So it’s a good thing that the legislature did not impose a requirement about when the FBA is to be completed.  The statute just say you have to “seek consent” within 10 days. That’s not hard to do. 

Another issue concerns the validity of an FBA if the only instructional environment in which we can observe the student is the DAEP.  That’s a good question, but one that you should pose to your evaluation experts rather than your lawyers.  Ask the experts: if we don’t have the opportunity to observe the student in the regular school environment, will we get a good sense of the function of the behavior?  Will we have a reliable and valid FBA?  I don’t know the answer to that question, but I know it’s a good one.  I’d go to your evaluation experts. 

But also remember this: you can always gather what information you can, and supplement it later. 

DAWG BONE:  GOT A LEGAL QUESTION?  ASK A LAWYER.  GOT A QUESTION ABOUT HOW TO DO AN EVALUATION?  ASK AN EVALUATION EXPERT.  

Got a question or comment for the Dawg?  Let me hear from you at jwalsh@wabsa.com. 

Tomorrow: DOI to the rescue….