Toolbox Tuesday!! HB 785 raises questions

Our new law, HB 785, requires the school district to seek parent consent to do a Functional Behavioral Assessment (FBA) when the school proposes a disciplinary change of placement.  This will come up when students commit offenses that might call for DAEP placement.  In Toolbox terminology, we call that Tool #6. It will also come up when Campus Behavior Coordinators use the unilateral authority they have to assign a student to an IAES (Interim Alternative Educational Setting) for up to 45 school days based on the “special circumstances” offenses involving drugs, weapons, or the infliction of serious bodily injury.  In the Toolbox, we call that Tool #5. 

The timeline for doing this is not later than “the 10th school day after the change in placement.”  That’s the same timeline we have for conducting a manifestation determination.  So it seems that the school could do both of these things at the ARDC meeting.  However, there is no reason to wait for an ARDC meeting to “seek consent” for an FBA.  You can’t do a manifestation determination outside of an ARDC meeting, but you can seek consent for an FBA.  You can do that right away, as soon as the Campus Behavior Coordinator proposes a disciplinary change of placement. 

So consider reviewing your practices.  When the CBC determines that a student has done something that would warrant a disciplinary change of placement, we need to promptly get notice to the parents of an ARDC meeting. We need to send the Procedural Safeguards document, or have a copy ready to deliver at the ARDC meeting.  Based on this new law, we should also review the student’s file to see if we already did an FBA. If so, how long ago?  If it was done less than a year ago, it’s not necessary to seek consent for a new one. But if we have not done one, or the existing one is more than a year old, we should promptly notify the parent that we’d like to do an FBA and seek consent for doing that.

Toolbox 4.1 is in the works, and will reflect this change. 

DAWG BONE:  YOU DON’T NEED AN ARDC MEETING TO SEEK PARENT CONSENT.

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

Tomorrow: COVID meets FERPA.