ERIC Number: EJ1139783
Record Type: Journal
Publication Date: 2017-May
Abstractor: As Provided
Reference Count: 45
An Update of Judicial Rulings Specific to FBAs or BIPs under the IDEA and Corollary State Laws
Zirkel, Perry A.
Journal of Special Education, v51 n1 p50-56 May 2017
Exemplifying the insufficient treatment of legal issues in refereed journals in special education and related fields, the limited legal coverage of functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) tends to view the applicable case law through normative lenses. This skewed view characterizes the case law as requiring FBAs and BIPs rather broadly in terms of entitlement and rather rigorously in terms of appropriateness. In stark contrast, this systematic analysis of 91 recent judicial rulings concerning FBAs and BIPs reveals that, aligned with the trajectory of previous court decisions, the outcomes favor the defendant districts on almost a 7:1 ratio and that the pronounced prodistrict trend applies to entitlement as well as appropriateness. Special education professionals need careful differentiation of legal requirements from professional norms to make informed choices about FBAs and BIPs that balance the individual interests and the competing priorities within limited resources of school districts.
Descriptors: State Legislation, State Policy, Functional Behavioral Assessment, Positive Behavior Supports, Intervention, Court Litigation, Special Education, Trend Analysis, Program Implementation, Student Rights, Program Effectiveness, Related Services (Special Education), Outcomes of Treatment, Statistical Distributions, Equal Education, Disabilities, Educational Legislation, Federal Legislation
SAGE Publications and Hammill Institute on Disabilities. 2455 Teller Road, Thousand Oaks, CA 91320. Tel: 800-818-7243; Tel: 805-499-9774; Fax: 800-583-2665; e-mail: email@example.com; Web site: http://sagepub.com
Publication Type: Journal Articles; Reports - Research
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act