What if the school says "No" to my request for an FBA?

If the initial response to a request for an FBA is “no,” consider requesting a meeting to discuss it.  At the meeting, be ready to share the reasons why you are requesting the FBA, and to listen to understand why the school or other team members think an FBA is not necessary.

Before the meeting, ask the school to gather information in order to share an update regarding your child’s recent behavior.

• If your child has been removed from the classroom for behavior, ask the team to keep track of each time the student is removed, what it was for and how long it lasted; 
• If you are concerned your child has been avoiding work, ask if the teacher or another team member could take some informal data or notes and report back regarding how often, for how long your child appears to be disengaged or off-task.  

After getting additional information, if it appears that a pattern of behavior is disrupting your child’s learning, you can ask the team to consider the request for an FBA again. If the school does not see a pattern of problem behavior, or believes there are additional interventions they can try first, ask to set a date to check in again to review how things are going. Set yourself a reminder to check in again in a month or two to see how things are going. 

If your child has an IEP, after the team has a chance to discuss and make a decision, be sure you check for a Prior Written Notice (PWN) documenting the decision and reasons for it. 

If you still disagree with the decision, and want to understand options for dispute resolution for students receiving or eligible for special education services, take a look at OEO’s Parent Guide on Protecting the Educational Rights of Students with Disabilities in Public Schools, and our Toolkit on Prior Written Notice.