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Which of the following is equivalent to 4^3+12÷4+8^2×3?
Given the sequence represented in the table below, where n represents the position of the term and a_n represents the value of the term, which of the following describes the relationship between the position number and the value of the term?
Multiply n by 2 and subtract 4
Multiply n by 2 and subtract 3
Multiply n by -3 and add 8
Multiply n by -4 and add 1
Section 14: Sec Fourteen (61-63) Details: Math Practice Questions Six
The total length of the world's coastlines is about 315,000 miles. Which answer expresses this in scientific notation?
B. 3.15×[10^ (-5) C. 3.15×[10^6
John’s Gym charges its members according to the equation C=40m where m is the number of months and C represents the total cost to each customer after m months. Ralph’s Recreation Room charges its members according to the equation C=45m. What relationship can be determined about the monthly cost to the members of each company?
John’s monthly membership fee is equal to Ralph’s monthly membership fee.
John’s monthly membership fee is more than Ralph’s monthly membership fee.
John’s monthly membership fee is less than Ralph’s monthly membership fee.
No relationship between the monthly membership fees can be determined.
Which of the following graphs is not a function?
Section 15: Sec Fifteen (64-67)
Details: Math Practice Questions Seven
Which of the following represents the difference of (3x^3-9x^2+6x)-(8x^3+4x^2-3x)?
A. -5x^3-13x^2+9x B. 11x^3-13x^2+3x C. -5x^3-5x^2+3x D. 5x^3+13x^2+9x
A polynomial has factors of x-3, x+6, and x+2. Which of the following represents the graph of the polynomial?
Which of the following expressions is equivalent to the expression, (x-3)/(x^3-6x^2-9x+54)?
B. 1/((x+3)(x-6)) C. 1/(x-6)
Section 16: Sec Sixteen (67-68) Details: Math Practice Questions Eight
The polynomial, x^3+7x^2-20x-96, has a factor of (x+8). Which of the following represents two of the zeros of the polynomial?
x=-3 and x=4
x=-6 and x=2
x=-3 and x=-4
x=6 and x=-2
Ana solves the quadratic equation, x^2-6x=18, by completing the square. Which of the following equations may be used to find the solution, using this method?
1 CJS 101: Introduction to Criminal Justice Sciences COURSE SYLLABUS Summer Online Offering Professor: Jason Ingram, Ph.D. Office: Schroeder Hall #415 Office Hours: Tuesdays & Thursdays, 1-3 p.m. & by appointment Course Web Page: ReggieNet I will be on campus during the time that this course is in session. If you are around, feel free to stop by my office! Course Overview Welcome to the online offering of CJS 101: Introduction to Criminal Justice Sciences. This course introduces our criminal justice (CJ) system by focusing on the nature of crime and by identifying the multiple components of the justice system, including the police, courts, and corrections. While the course is designed to provide a broad overview of each component, we will also focus on specific issues that make our system unique. Finally, emphasis is also placed on how the components of our CJ system actually work and operate as opposed to the system that is often portrayed throughout the media and popular culture. Hopefully one thing you take away from this course is that our CJ system often times operates much differently than what is shown on television! Course Learning Objectives: Upon successful completion of this course, it is my hope that you 1. Understand the historical, social, and political contexts in which our criminal justice system was developed. 2. Explain major criminological theories and identify the policy implications associated with them. 3. Understand the roles and functions of each of the major components of the criminal justice system (i.e., police, courts, and corrections) as well as how each component relates to the other. 4. Be able to think about a criminal justice problem in a manner that demonstrates thoughtful consideration of all sides of the issue by acquiring and applying information and assessing the quality of potential solutions. 5. Understand the role that human behavior plays in relation to offending, victimization, and responses to crime. 6. Appreciaterespect others points of view on criminal justice issues. 1
2 Requirements and Expectations Technical Requirements: You must have access to a computer and a reliable internet connection (high speed preferably!) for this course. The course is run through ReggieNet so you will also need to familiarize yourself with ReggieNet if you have not used it for your other classes at ISU. If you are not familiar with ReggieNet, there are a few resources that you might find helpful provided at the following link.when visiting the link's website, II would recommend reviewing the following as they will be important for this course: ReggieNet Overview for Students Submitting Assignments in ReggieNet Taking Tests and Quizzes in Reggienet Using Discussion Forums Other Software and Hardware Requirements: In addition, you will need to have access to the following in order to access course material and submit assignments. Any assignments submitted throughout the course needs to be in *Microsoft Word (.doc or.docx)*. You will also need Word and Adobe Reader (for pdf files) to view course assignments and materials. In order to hear audio content for videos you will need speakers or headphones for your computer. Finally, if you have problems with online content opening up, you should check your pop-up blocker to see if that's the problem. Generally speaking, I have noticed that viewing course modules and online content works best using the Firefox browser. Questions about the class: I have created two discussion forums to address questions about the class. *General Class Questions* is a forum for you to post any questions you have about course material, assignments, etc. *Technical Class Questions* is a forum for you to post any questions about ReggieNet or "how to" do something in ReggieNet (e.g., access modules, take a quiz, etc.). Please also help me out by posting info about fixesedits I should make to the course here. Students should help each other out by answering each others' questions on these forums. Please note that if you experience technical difficulties with ReggieNet, you should contact the University HelpDesk (or click on the ReggieNet Support tab in the course ReggieNet page on the bottom left hand side, and it will take you to the HelpDesk website). Use of For personal questions that you might not want the entire class tod see, is the preferred method of communication. With respect to , I do ask the following: 1. Please check the syllabus, course calendar, assignment instructions andor the two question discussion forums on ReggieNet before sending an . Often-times the answer to your question can be found here! 2. Please be professional in your use of s. This means including a subject line & identifying yourself in the body of the ! 2
3 3. Please follow the 24 hour rule. While I will check my every morning and afternoon during the semester, please allow 24 hours for a response. If you have not received a reply, then send a follow-up. Required Textbook: Lab, Steven P., Marian R. Williams, Jefferson E. Holcomb, Melissa W. Burek, William R. King, and Michael E. Bueger. (2013). Criminal Justice: The Essentials. 3rd Edition. New York: Oxford University Press. ISBN# (Image of cover is below.) Most of the content that is presented throughout this course comes from two sources: this book and the online modules. This book provides a basic overview of many of the topics covered in the course. Later on in this module, we will go over the course schedule and reading assignments. You will notice that not every topic has a reading assignment. When this is the case, the online module serves as the primary course content. Professionalism: Criminal justice issues are often controversial and not everyone may hold the same views regarding these issues. I ask that each of you be respectful and tolerant of others' viewpoints and to communicate with each other as well as myself in a courteous manner. We will engage in frequent discussion (via online discussion boards) in this course and I expect everyone to act professionally. Time Management: It is expected that all students enrolled in the course will stay current with course material and participate in all discussion questions, activities, exercises, quizzes, and take exams at their designated times. Given the nature of this course it is imperative that you stay current. Please refer to the course schedule for a list and due dates for scheduled tasks. It is difficult to determine the exact amount of time that it will take you to complete weekly course tasks as it will likely vary by student. It is my estimation that you will probably need to put in 5-8 hrs of work per week to complete all required tasks (i.e., readings, modules, assignments, quizzes). When possible I have put estimated time commitments at the beginning of each module. For example, if a module asks that you view a video, I'll note the length of the video in the module instructions so that you can plan accordingly. Students with Disabilities: Students with documented disabilities that require assistance should contact me privately as soon as possible. You should also make arrangements with the Disability Concerns Office located at 350 Fell Hall ( or 3
4 How will I be graded? Course grades are based on the following types of assignments: Graded Work Points Percentage of Total Points Midterm Exam % Final Exam % Discussion Posts % pts. each) Module Quizzes % 5 pts. each) Discussion Post Journal % Discussion Post Journal % Totals % Final grades are based on the following grade scale: Total Points (Sum) Grade A B C D 194 and less F 4
5 Description of Graded Work: Exams: The class will consist of 2 exams, a midterm and a final. Exams cover assigned readings, learning modules, and course activities. Refer to the course calendar for exam dates. They will show up in the "Tests & Quizzes" tab in ReggieNet on the date of administration. Once you access an exam through ReggieNet, a time limit is imposed (based on the exam's length). As you can see the bulk of your points are established by your performance on the exams. It is very important that you prepare well for these and that includes reading the book chapters and working your way through these modules. Discussion Posts: Participation in *five* graded discussion forums will occur during the course. For each corresponding module, students are required to post *one* response to the discussion question(s) posed. Students should then reply to *two* other student's posts for each discussion forum. A total of 50pts of your final grade will be based on effort and participation in these discussions.note that there are actually 6 discussion post forums throughout the semester. I will drop your lowest discussion post score. Grading for discussion posts is as follows: 10 points: includes one post and two responses, sufficiently addresses all questions, posts reflect thoughtful consideration of the questions and reactions. 7 points: missing one post requirement, does not sufficiently address all questions, posts mostly reflect thoughtful consideration. 5 points: missing one post requirement, does not address questions, lacks thoughtful consideration. 0 points: missing more than one post requirement, answers questions incompletely, response does not indicate any though put into it. This is intended to be an interactive, fun part of class where you get to express yourself a bit and share with your classmates and me!!! Please participate!!! Quizzes: *Five* quizzes will be given for corresponding modules. Each quiz will be worth 5 points, totaling 50 points of your final grade. Each quiz contains 5-10 TF andor multiple choice questions randomly selected from a larger question bank. Quizzes can be taken anytime during the course after the corresponding module has been made available. All quizzes are located in the "Assessment" tab in ReggieNet. Once opened each quiz must be completed within 7 minutes. Each student has only 1 attempt to take the quiz!!! Reflection Assignment: One of the major objectives of this course is for students to "be able to think about a criminal justice problem in a manner that demonstrates thoughtful consideration of all sides of the issue by acquiring and applying information and assessing the quality of potential solutions." In order to accomplish this students will work on two (2) journal reflection papers based on student discussion forum posts throughout the semester. *Please see the Reflection 5
6 Paper Assignment module in ReggieNet* for a more detailed description and assignment expectations. This assignment is worth 50 points of your final grade. Course Policies on Graded Work: With the exception of discussion posts, all work in the class is to be done independently, without help from anyone else. Assignments and exams are to be completed individually. Papers are to reflect original work by the student and must appropriately give credit to others' thoughts and ideas. Working too closely with other students or failure to appropriately cite others' work may result in academic dishonesty. According to University regulations (p. 57, Undergraduate Catalog), the following constitute forms of academic dishonesty: cheating on quizzes or exams, computer dishonesty, plagiarism, grade falsification, and receiving unauthorized assistance from others. The Bottom Line: violations of academic integrity will not be tolerated. Students who engage in any of the above behaviors will receive a failing grade for the assignment and possibly the course. The student's name will also be turned over to the Dean of Students Office for appropriate action. Make-up exams will only be given in cases of extreme illness, medical emergency, death in the family, or conflict with a religious holiday. In the case of illness or death in the family, documentation may be required, and I MUST be notified within twenty-four hours of the exam date. If these requirements are not met, you will receive 0 points for that exam. Make-up exams will be comparable but not identical to the original exam. Quizzes must be completed by the time they are due. Late assignments will lose points (half-credit) if they are not turned in at the time they are due. Furthermore, assignments will not be accepted after 24 hours from its original due date. Course Content & Schedule Students are expected to stay up to date on class material and complete tasks by scheduled due dates. While I realize that one of the benefits of taking online classes is their flexibility, there must be some structure and deadlines in order for the class to "flow" smoothly. The course is set up as 13 modules that will be broken up into 2 sections. First, modules and activities will be released for the first three weeks, which coincides with the midterm exam. The second set of modules and activities will be released after the midterm and will take you through to the final exam. Below is the outline for how the course modules are to be completed along with important due dates for exams and assignments. If it helps, think of the modules as class lectures--instead of attending class you are attending and working through an online module. Each module contains some combination of content, weblinks, videos, self-quizzes, and activities to assist you in learning the material. At the beginning of each module there will be an instructions page listing all of the required tasks associated with that module. You should pay close attention to these instructions as you work through the course. It is also *VERY* important that you are completing any assigned readings 6
7 before completing the modules. Exams and quizzes will come from a combination of the modules and the book. If you have any questions on the class schedule please post them to the *General Class Questions* discussion forum on ReggieNet. WEEK #1: Types of Crime and Theories of Crime (Opens May 19th) Module 1-1: Course Introduction (you should complete this module ASAP so that you know how the course works, how to take quizzes, discussion posts, etc.) Module 1-2: Crime & Justice (Read text, Ch1, take Quiz 1 by 11:55 p.m.) Module 1-3: Theories of Criminal Behavior and Victimization (Discussion Post 1 completed by p.m.) WEEK #2: The CJ System (Opens May 19th) Module 2-4: American CJ System (Read text, Ch2, take Quiz 2 by 11:55 p.m.) Module 2-5: Juvenile Justice System (Read text, Ch7, Discussion Post 2 by p.m.) WEEK #3: Police (Opens May 19th) Module 3-6: Police Functions and Operations (Read text, Ch3, take Quiz 3 by 11:55 p.m.) Module 3-7: Police & Constitutional Law (Discussion Post 3 by 11:55 p.m.) Discussion Post Journal 1 is due by 11:55 p.m. MIDTERM EXAM: OPENS ON FRIDAY, JUNE 8:30 a.m. & CLOSES ON SUNDAY, JUNE 11:55 p.m. WEEK #4: Courts (Opens June 9th) Module 4-8: Court Structure & Functions (Read Text, Ch4, pgs. 82- top of 103, Take Quiz 4 by 11:55 p.m.) Module 4-9: Court Processes and Sentencing (Read Text, Ch4, pgs. bottom of , Discussion Post 4 by 11:55 p.m.) WEEK #5: Corrections (Opens June 9th) Module 5-10: Correctional Institutions (Read Text, Ch5, Take Quiz 5 by 11:55 p.m.) Module 5-11: Community Corrections & Reentry (Readt Text, Ch6, Discussion Post 5 by p.m.) WEEK #6: Course Wrap-up (Opens June 9th) Discussion Post Journal 2 is due by Wednesday 11:55 p.m.. Module 6-12: Comparative CJ Systems Module 6-13: Course Summary (Discussion Post 6 by p.m.) FINAL EXAM: OPENS ON THURSDAY, JUNE 5 p.m. & CLOSES ON SUNDAY, JUNE 11:55 p.m. 7
8 Summary of Important Due Dates for Assignments The previous page provided an overview of the schedule for entire course. Again in order to stay up to date on the content of the course, it is recommended that you follow the course schedule. As you saw highlighted in yellow, there are deadlines (which are strictly enforced) for every quiz, discussion post, assignment, and exam. Below is a summary of every graded activity for the course along with it's due date and time. Note that there are certain weeks, such as Week 3 and Week 6 where there are a number of deadlines (e.g., quizzes, discussions, assignments, and exams). Remember that, except for exams, you can completework on quizzes, posts, and assignments at any time during each 3 week period. Do not wait until the last minute to try and do everything. In other words, please be sure to plan your next 6 weeks accordingly in order to meet these deadlines! Assignment Exams Midterm Exam Final Exam Quizzes Quiz 1 Quiz 2 Quiz 3 Quiz 4 Quiz 5 Discussion Posts Note: Your lowest score (1) is dropped Discussion Post 1 Due Date & Time Opens on Friday, June 8:30 a.m. Closes on Sunday, June 11:55 p.m. The exam must be COMPLETED during this time frame. Opens on Thursday, June 5:00 p.m. Closes on Sunday, June 11:55 p.m. The exam must be COMPLETED during this time frame. Due by Sunday, 11:55 p.m. Due by Sunday, 11:55 p.m. Due by Sunday, 11:55 p.m. Due by Sunday, 11:55 p.m. Due by Sunday, 11:55 p.m. Due by Sunday, 11:55 p.m. 8
9 Discussion Post 2 Discussion Post 3 Discussion Post 4 Discussion Post 5 Discussion Post 6 Discussion Post Journals Discussion Post Journal 1 Discussion Post Journal 2 Due by Sunday, 11:55 p.m. Due by Sunday, 11:55 p.m. Due by Sunday, 11:55 p.m. Due by Sunday, 11:55 p.m. Due by Friday, 11:55 p.m. Due by Sunday, 11:55 p.m. Due by Wednesday, 11:55 p.m. 9
Noted: Responses to these frequently asked questions provide information contained in state and federal laws and regulations and OSEP guidance. For information about behavior intervention that is based on peer-reviewed research, see the Behavioral Intervention Plans Web page.
Assembly Bill 86 (AB 86), the Education Omnibus Trailer Bill, Chapter 48, Statutes of 2013, repealed regulations and added state statute that addressed behavioral interventions. In accordance with Assembly Bill 110, California’s 2013–2014 budget bill, the California Department of Education (CDE) is required to provide oversight of, and technical assistance and monitoring to, local educational agencies regarding changes to the requirements related to the identification and provision of behavioral intervention services.
The following questions were submitted to the CDE during the Behavioral Intervention Plan Stakeholders Workgroup meetings. The questions are arranged in categories, and therefore are not provided in the order in which they were submitted.
Behavior Emergency Interventions
To prevent emergency interventions from being used in lieu of planned, systematic behavioral interventions, the parent, guardian, and residential care provider, if appropriate, shall be notified within one school day if an emergency intervention is used or serious property damage occurs. A behavioral emergency report shall immediately be completed and maintained in the file of the individual with exceptional needs. All behavioral emergency reports shall immediately be forwarded to, and reviewed by, a designated responsible administrator. (Education Code sections 56521.1(e) and (f))
If a behavioral emergency report is written regarding an individual with exceptional needs who does not have a behavioral intervention plan, the designated responsible administrator shall, within two days, schedule an individualized education program (IEP) team meeting to review the emergency report, to determine the necessity for a functional behavioral assessment, and to determine the necessity for an interim plan. The IEP team shall document the reasons for not conducting the functional behavioral assessment, not developing an interim plan, or both. (Education Code Section 56521.1(g))
The parent shall have the right and opportunity to examine all school records of his or her child and to receive copies of them within five business days after the request is made by the parent, either orally or in writing. The public agency shall comply with a request for school records without unnecessary delay before any meeting regarding an individualized education program or any hearing or resolution session and in no case more than five business days after the request is made orally or in writing. (Education Code Section 56504)
If a behavioral emergency report is written regarding an individual with exceptional needs who does not have a behavioral intervention plan, the designated responsible administrator shall, within two days, schedule an individualized education program (IEP) team meeting to review the emergency report, to determine the necessity for a functional behavioral assessment, and to determine the necessity for an interim plan. The IEP team shall document the reasons for not conducting the functional behavioral assessment, not developing an interim plan, or both.
If a behavioral emergency report is written regarding an individual with exceptional needs who has a positive behavioral intervention plan, an incident involving a previously unseen serious behavior problem, or where a previously designed intervention is ineffective, shall be referred to the IEP team to review and determine if the incident constitutes a need to modify the positive behavioral intervention plan. (Education Code Section 56521.1(g) and (h))
Education Code Section 56521.2 lists the following prohibitions:
Emergency interventions shall not include an amount of force that exceeds that which is reasonable and necessary under the circumstances. Further, no emergency intervention shall be employed for longer than is necessary to contain the behavior. A situation that requires prolonged use of an emergency intervention shall require the staff to seek assistance of the school site administrator or law enforcement agency, as applicable to the situation. (Education Code Section 56521.1 and (d)(3))
Emergency interventions may only be used to control unpredictable, spontaneous behavior that poses clear and present danger of serious physical harm to the individual with exceptional needs, or others, and that cannot be immediately prevented by a response less restrictive than the temporary application of a technique used to contain the behavior. Further, emergency interventions shall not be used as a substitute for the systematic behavioral intervention plan that is designed to change, replace, modify, or eliminate a targeted behavior. (Education Code Section 56521.1(a) and (b))
Individualized Education Programs and Teams
In Title 34, Code of Federal Regulations, (34 CFR) Section300.324 “Development, review, and revision of IEP,” the term “special factors” appears as follows: “(2) Consideration of special factors. The IEP Team must— (i) In the case of a child whose behavior impedes the child’s learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior.” Similar language is found in Education Code sections 56521.2(b) and 56341.1(b)(1).
In developing the IEP, the IEP Team shall, in the case of a child whose behavior impedes the child's learning or that of others, consider the use of “positive behavioral interventions and supports [PBIS], and other strategies,” to address that behavior. The IEP team shall also consider these matters when reviewing the IEP. A regular education teacher of the child, as a member of the IEP Team, shall, to the extent appropriate, participate in the development of the IEP (or review of the IEP) of the child, including the determination of appropriate positive behavioral interventions and supports, and other strategies. (Title 20, United State Code, (20 USC) sections 1414(d)(3)(B)(i); 1414(d)(3)(C); 1414(d)(4); 34 CFR Section 300.324(a)(2)(i); 300.324(a)(3)(i); 300.324(b)(2); 300.324(b)(3); Education Code sections 56341(b)(2); 56341.1(b)(1); 56341.1(e); and 56521.2(b)).
When a child’s behavior is impeding his learning or that of others, the IEP team must consider the use of positive behavioral interventions and supports and other strategies to address that behavior. The statutes and regulations do not provide specific guidance as to when a child’s behavior is deemed to “impede” his learning or that of others.
The IDEA does not specify the particular interventions, supports or strategies that must be used. The federal Office of Special Education Programs (OSEP) has stated that while conducting a functional behavioral assessment (FBA) typically precedes developing positive behavioral intervention strategies, in the case of a child whose behavior impedes learning, the focus is on interventions and strategies, not assessments. The IEP team may address the behavior through annual goals in the IEP, program modifications, support for teachers, and any related services necessary to achieve behavioral goals in the IEP.
OSEP has encouraged a “proactive” approach to ensure that students who need BIPs to succeed in school receive them. Thus, if the IEP team determines that a BIP would be appropriate for the child, it must be included in the IEP. If the child needs a BIP to improve learning and socialization, the BIP can be included in the IEP and aligned with the goals in the IEP. (71 Federal Register 46683 (August 14, 2006); 71 Federal Register 46721 (August 14, 2006); Questions and Answers on Discipline Procedures, U.S. Department of Education Office of Special Education and Rehabilitative Services (OSERS), 52 Individuals with Disabilities Education Law Report 231 (June 1, 2009), Q. E-1, E-2, E-3.)
No state or federal law or regulation defines a functional behavioral assessment (FBA). However, it is generally understood to be an “evaluation” under the IDEA when a public agency conducts an FBA to assist in determining whether a child is, or continues to be a child with a disability andor to determine the nature and extent of the special education and related services that the child needs, including the need for a BIP. (Questions and Answers on Discipline Procedures, OSERS, 52 Individuals with Disabilities Education Law Report 231 (June 1, 2009), Q. E-4; Letter to Anonymous, 59 Individuals with Disabilities Education Law Report 14 (OSEP, April 9, 2012); 20 USC Section 1414(a), ; 34 CFR Section 300.15)
An FBA must be conducted when school authorities seek to change the placement of a child with a disability because of a violation of a code of student conduct and the IEP team determines that the conduct was a manifestation of the child’s disability and the LEA had not conducted an FBA prior to such determination before the behavior that resulted in the change of placement.
An FBA must be conducted “as appropriate” in cases of disciplinary removals involving a change in placement in which the IEP team determines that the conduct was not a manifestation of the child’s disability.
An FBA must be conducted when the IEP team determines that it would be appropriate for the child. (20 USC sections 1415(k)(1)(D)(ii); 1415(k)(1)(F)(i); 34 CFR sections 300.530(b)(2); 300.530(d)(1)(ii); 300.530(d)(5); and 300.530(f); Questions and Answers on Discipline Procedures, OSERS, 52 Individuals with Disabilities Education Law Report 231 (June 1, 2009), Q. E-1)
Education Code Section 56320(b)(3) establishes that assessments of students with exceptional needs “are administered by trained and knowledgeable personnel and are administered in accordance with any instructions provided by the producer of the assessments, except that individually administered tests of intellectual or emotional functioning shall be administered by a credentialed school psychologist.” Assessments must “be conducted by persons competent to perform the assessment, as determined by the local educational agency.”
In addition, the Education Code states that “a person recognized by the national Behavior Analyst Certification Board as a Board Certified Behavior Analyst (BCBA) may conduct behavioral assessments . . . for individuals with exceptional needs.” However, educational entities are not required to use a BCBA to perform a behavioral assessment, indicating that other “trained and knowledgeable” personnel may perform behavioral assessments. It should be noted that the California Commission on Teacher Credentialing standards relating to preparation for the School Psychology credential state that candidates must be well versed in a variety of assessment methods, including behavioral assessment. (Education Code sections 56322, 56525(a) and (b)).
Yes, parental consent is required before an FBA may be conducted.(Questions and Answers on Discipline Procedures, OSERS, 52 Individuals with Disabilities Education Law Report 231 (June 1, 2009), Q. E-4)
Yes. There are no state and federal laws or regulations that pertain specifically to functional behavioral assessments only. References in law and regulation to assessment pertain to all assessments.
Subject to certain conditions, a parent or guardian has the right to obtain, at public expense, an independent educational assessment of the pupil from qualified examiners, if the parent or guardian disagrees with an assessment obtained by the public education agency. The public agency has the option of requesting a due process hearing to show that its evaluation is appropriate. (34 CFR 300.502)
Education Code Section 56320 says “...An individual assessment of the pupil's educational needs shall be conducted, by qualified persons, in accordance with requirements including, but not limited to, all of the following:
Education Code Section 56521.1 says “(b) In the case of a child whose behavior impedes the child's learning or that of others, the individualized education program team shall consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior, consistent with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of the United States Code and associated federal regulations.” Please also see the California Department of Education’s guidance document “Local Educational Agency and Individualized Education Program Team Responses to the Behavior of Students with Disabilities”
A BIP must be implemented when school authorities seek to change the placement of a child with a disability because of a violation of a code of student conduct and the IEP team determines that the conduct was a manifestation of the child’s disability and the LEA had not conducted an FBA prior to such determination before the behavior that resulted in the change of placement. If a BIP had already been developed, the IEP team must review the existing BIP and modify it as necessary to address the behavior.
In cases of disciplinary removals involving a change in placement in which the IEP team determines that the conduct was not a manifestation of the child’s disability, the child shall receive, as appropriate, behavioral intervention services, and modifications, that are designed to address the behavior violation so that it does not recur.
Finally, if the IEP team determines that a BIP would be appropriate for the child, it must be included in the IEP. (20 USC sections 1415(k)(1)(D)(ii); 1415(k)(1)(F)(i) and(ii); 34 CFR sections 300.530(b)(2); 300.530 (d)(ii); 300.530 (d)(5); 300.530(f); Questions and Answers on Discipline Procedures, OSERS, 52 Individuals with Disabilities Education Law Report 231 (June 1, 2009), Q. E-2)
In California, a person recognized by the national Behavior Analyst Certification Board as a BCBA may provide behavioral intervention services, although an LEA is not required to use a BCBA for this purpose. Otherwise, “behavior intervention” shall be “designed or planned” only by personnel who have one of the following: (1) pupil personnel services credential with authorization in school counseling or school psychology; (2) special education instruction credential; (3) Marriage and Family Therapist license; (4) Clinical Social Worker license; (5) Educational Psychologist license; (6) psychologist license; or (7) master’s degree in education, psychology, counseling, behavior analysis, behavior science, human development, social work, rehabilitation, or a related field.
In order to provide behavior intervention, including implementation of BIPs, but not including development or modification of BIPs, one must either (1) have one of the qualifications listed above (for those who may design or plan behavior intervention), or (2) be under the supervision of someone qualified to design or plan behavior intervention, possess a high school diploma or its equivalent, and receive the specific level of supervision required in the pupil’s IEP. Please also see the California Department of Education’s guidance letter “Requirements for Personnel Involved in Behavioral Intervention.” (Education Code Section 56525(a) and (b); 5 CCR Section 3065(d) and (e))
If a disciplinary removal from school constitutes a change of placement, i.e., the removal is for more than ten consecutive days (including a removal of up to 45 days in a case involving weapons, drugs, or serious bodily injury) or a series of removals totaling more than ten days in a school year constitutes a pattern, the IEP team must determine if the conduct (1) was caused by, or had a substantial relationship to, the child’s disability; or (2) was the direct result of the local educational agency’s (LEA) failure to implement the IEP. If (1) or (2) applies, the conduct is determined to be a manifestation of the child’s disability. When the IEP team determines that the conduct was a manifestation of the child’s disability, the IEP team shall (1) conduct an FBA, and implement a BIP for such child, unless the LEA had already conducted an FBA prior to such determination before the behavior that resulted in the change in placement, or (2) in the situation where a BIP has already been developed, review the BIP and modify it, as necessary, to address the behavior. (20 USC sections 1415(k)(1)(C); 1415(k)(1)(E); 1415(k)(1)(F)(i) and (ii); 1415(k)(1)(G); 34 CFR sections 300.530; 300.530 (e)(1) and (2); 300.530(f); 300.530(g); 300.536.)
When the IEP team determines that the conduct was a manifestation of the child’s disability, the IEP team shall (1) conduct an FBA, and implement a BIP for such child, unless the LEA had already conducted an FBA prior to such determination before the behavior that resulted in the change in placement, or (2) in the situation where a BIP has already been developed, review the BIP and modify it, as necessary, to address the behavior. (20 USC sections 1415(k)(1)(F)(i) and (ii); 34 CFR Section 300.530(f))
In disciplinary removals involving a change in placement in which the IEP team determines that the conduct was not a manifestation of the child’s disability, the child shall receive, as appropriate, an FBA, behavioral intervention services, and modifications, that are designed to address the behavior violation so that it does not recur. (20 USC Section 1415(k)(1)(D)(ii); 34 CFR sections 300.530(b)(2); 300.530 (d)(1)(ii); 300.530 (d)(5))
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Last Reviewed: Monday, September 28, 2015