FBAs and Discipline - When is an FBA required?

An FBA is sometimes required for students who have an IEP (Individualized Education Program), if the student is suspended or expelled for more than 10 school days. Specifically, a school is required to do an FBA and develop a BIP for any student who has an IEP if:

• the student is suspended or expelled; and
• the suspension or expulsion will be for more than 10 days; and
• in making a manifestation determination, members of the child’s IEP team, including the parents, determine that the behavior that led to the suspension or expulsion was a “manifestation” of the disability – that is, it was caused by or had a direct and substantial relationship to the child’s disability.

This also applies if the student has been suspended or expelled several different times for shorter periods (less than 10 days), but the multiple suspensions or expulsions make a pattern that adds up to more than 10 days.

If a student’s behavior is determined not to be a manifestation of the disability, the rules recommend that the team do an FBA and develop a BIP to avoid similar behaviors from happening again.

You can find the details about requirements for FBAs for students with IEPs in the special education regulations, at in WAC Chapter 392-172A, available online at: https://apps.leg.wa.gov/wac/default.aspx?cite=392-172a&full=true.

To read more about discipline requirements for students who have an IEP, or meet the requirements for an IEP but have not yet been evaluated, see OEO’s Parent Guide on Protecting the Educational Rights of Students with Disabilities in Public Schools and OSPI’s Technical Assistance Paper No. 2 (TAP 2).