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State clarifies when IEP teams may change placement without new FBA/BIP
Summary
The State Board proposed clarifications to rules governing functional behavior assessments (FBA) and behavior intervention plans (BIP) so IEP teams may adjust a student's least-restrictive environment in cases of imminent safety risk; committee clarified timelines and parental participation and approved the rule.
State Board staff told lawmakers the rule clarifies that an IEP team may adjust a student's least-restrictive environment without first preparing an FBA or BIP if the student's behavior poses an immediate safety risk to the student or others.
"An MDR has to be conducted within 10 days," Rachel Cuppay, the board's general counsel, told the committee when members pressed about threat assessments and expedited procedures for students with disabilities. Cuppay and Board staff said the rule includes the IEP team — which includes parents — as the decision-making body and that federal guidance requires reevaluations to occur within a reasonable period when needed.
Representative Hardaway described constituent cases where the process felt slow and asked whether there are statutory time frames for threat assessments; counsel said districts must have threat-assessment policies and the department can offer guidance but there is not a single statutory timeline for every local step. After questions the committee voted to move the rule forward with positive recommendations from both panels.
