Is An FBA Required For A Crisis Intervention Plan To Be Put Into An IEP | MyAutismTeam

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Is An FBA Required For A Crisis Intervention Plan To Be Put Into An IEP
A MyAutismTeam Member asked a question 💭

I have been trying to get an IEP meeting set up for my son since before school began in order to have a crisis intervention plan put into his IEP as well as address some modifications that need to be made in the IEP. The school is giving me fits about having a meeting before they complete an FBA that was supposed to be completed at the end of the school year but was not finalized (their mistake) so now instead of just updating the data, they have to start all over again. I still want the IEP… read more

posted September 17, 2012
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A MyAutismTeam Member

@A MyAutismTeam Member the school dragging thier feet is another reason exactly why there are time guidelines and mandates. whomever your local AEA parent advocate is...call them NOW. schoolis in violation of his rights and actually leaving themselves wide open for a nice healthy lawsuit, first for noncompliance with completeing the FBA to begin with. Technically he isn't suppose to be specialized setting without a current IEP, with a behavior plan in place. Call ASAP< TODAY! keep putting thier noses to the fire, and remind them that a lawyer getting involved is ALWAYS an option!

posted September 19, 2012 (edited)
A MyAutismTeam Member

They actually are breaking the law. If you are requesting a meeting, they must hold the meeting as soon as possible regardless if their FBA data is not complete. That was their error not yours. I would contact the superintendent and or the board members about the district not following your requests. I am currently having problems with my district for similar issues. I did take an advocate and an educational attorney to my IEP meetings.

posted September 18, 2012
A MyAutismTeam Member

I don't know what the laws are in your state, but in Michigan they MUST hold a IEPC within a given amount of time. It has been a long time since our son was in school, but I think it was 30 or 45 days. Make sure to put your request in writing and I would have someone in the school sign a copy of your written request showing that it was received. There is a great resource on the internet called Wrights Law. You can also get assistance from your state Autism Chapter of ASA.

posted September 18, 2012
A MyAutismTeam Member

I actually found one through another attorney. I simply let him know what problems I was having with my school district and he referred me to an educational attorney. If you know an attorney ask him for a referral. If you don't I would google educational attorneys in your area and then call for a free consultation. If there aren't any in your area then see if a family law attorney can help.

posted September 18, 2012

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