Are Functional Behavior Assessments Required Before Suspension?
When a child struggles with behavior in school, it's common for parents to feel a mix of frustration, fear, and worry. It’s hard enough watching your child deal with challenges, but when those behaviors lead to suspension, the situation becomes even more stressful.
Many families wonder whether schools are required to conduct functional behavior assessments (FBAs) before suspending a student. That question touches on important legal protections for children with disabilities and how schools should respond in these situations.
At Advocates for the Voiceless, led by attorney Keli Renee Cochran, our focus is on helping parents understand what schools must do, what rights children have, and how to hold schools accountable when discipline may cross the line. Located in Riverdale Park, Maryland, reach out to us today for experienced legal guidance—we’re here to help.
What Is a Functional Behavior Assessment?
Functional behavior assessments (FBA) are a process schools use to understand the reason behind a student’s challenging behavior. Rather than simply punishing the child, an FBA helps identify the triggers and patterns contributing to the behavior. FBAs then serve as the foundation for creating a behavior intervention plan (BIP), which outlines positive strategies to support the student. The key components of an FBA include:
Collecting data: Observations, teacher reports, and other records can help identify when and why the behavior occurs.
Analyzing triggers: Schools look for the events, tasks, or settings that lead to the behavior.
Identifying functions of behavior: The goal is to understand whether the child is seeking attention, avoiding tasks, expressing frustration, or responding to another factor.
Creating an intervention plan: The information is used to design supports and strategies tailored to the child’s needs.
Functional behavior assessments aren’t just about discipline. They’re meant to provide a more constructive approach, giving children the tools and environment they need to succeed.
Federal Protections For Students With Disabilities
Federal law provides important protections for children with disabilities, particularly under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. Both laws require schools to consider how a child’s disability affects their behavior and what supports might prevent disciplinary measures.
IDEA requirements: When a child has an Individualized Education Program (IEP), schools must address behavioral issues through functional behavior assessments and BIPs if the child's behavior interferes with learning.
Section 504 protections: Even students without an IEP but with recognized disabilities have the right to accommodations that prevent discriminatory discipline.
Manifestation determinations: If a student faces suspension for more than ten consecutive days, the school must determine if the behavior was directly related to the child’s disability.
These laws don’t always require an FBA before suspension; however, they do require the schools to use the information from an FBA when developing supports. This often raises the question of timing: should schools wait until after discipline, or act beforehand to prevent it?
When Schools Are Required to Conduct an FBA
While not every suspension requires an FBA in advance, there are situations in which your child's school must step in and conduct one. Some of the most common conditions include:
After a manifestation determination: If the behavior is linked to the disability, an FBA must be conducted if one hasn’t been done already.
When behavior interferes with learning: An IEP must address behavioral needs, and an FBA is often the first step.
Repeated suspensions: A pattern of disciplinary removals may warrant an FBA.
Parents should remember that even if not strictly required before the very first suspension, an FBA becomes crucial in protecting a student from repeated disciplinary actions. Schools are expected to use proactive measures rather than relying solely on punishment.
Why Families Should Request an FBA
When it comes to FBAs, parents don’t have to wait for the school to act. If your child's behavior issues are leading to suspensions, you can request that the school conduct a functional behavior assessment to provide your child with the support they need before the situation worsens. The benefits of requesting an FBA include:
Proactive support: Addressing issues early prevents recurring suspensions.
Tailored strategies: Plans are created for the student’s unique needs.
Legal documentation: An FBA demonstrates the school’s responsibility to provide accommodations to the child.
Collaboration with teachers: The process opens dialogue between parents and educators.
By making a written request, families create a record that holds the school accountable. Schools then have a duty to respond, and parents can follow up if the request is ignored. Taking this step often changes the focus from punishment to constructive solutions.
How Suspension Impacts Students With Disabilities
Suspension can have lasting effects on a student, particularly one with disabilities. Being removed from school disrupts learning, creates feelings of isolation, and may reinforce negative behavior patterns rather than improving them. Some major concerns of the impact of suspension for these students include the following:
Loss of educational access: Missing class time puts students at risk of falling behind.
Increased frustration and stigma: Students may feel punished for something they can’t fully control.
Escalating discipline: Suspension can lead to harsher measures over time.
Emotional impact: Anxiety, shame, and decreased self-esteem can result from being removed from school.
By conducting an FBA before suspension, schools can shift from punishment to prevention. As a parent, make sure you find out whether your child's school is legally obligated to take this step.
Common Challenges for FBAs
Even with clear legal protections, parents may encounter resistance or misunderstandings when requesting an FBA from schools. Some administrators may argue that suspensions don’t require one or may delay the process unnecessarily. Some common challenges include:
School resistance: Administrators may be reluctant to conduct assessments promptly.
Lack of information: Parents may not know their rights under IDEA or Section 504.
Repeated suspensions: Students may face discipline without proactive interventions.
Communication barriers: Families often struggle to have their voices heard in school meetings.
In these cases, it's common for parents to feel overwhelmed when advocating for their children. However, working with an experienced special education attorney can help you overcome these obstacles.
Steps You Can Take When Your Child Is Facing Suspension
If your child is facing suspension, there are specific actions you can take to protect their rights and advocate for better support. Some important steps parents can take include:
Request a functional behavior assessment in writing: This creates documentation of your request.
Review your child’s IEP or 504 Plan: Make sure you include behavioral supports.
Attend meetings prepared: Be ready to share your records, reports, and concerns.
Ask about manifestation determinations: Schools are often required to consider the connection between disability and behavior.
Seek legal support if needed: A special education attorney can help you advocate for proper procedures and interventions.
By taking these steps, you create a stronger case for why an FBA should be conducted before suspension. More importantly, these steps can help shift the focus back to supporting and improving your child’s education.
Contact an Experienced Special Education Lawyer Today
Discipline should never prevent a child with a disability from receiving an education. Functional behavior assessments are important tools for avoiding unnecessary suspensions and providing students the support they need to thrive. If your child is facing suspension and you’re unsure of your rights, reach out to us at Advocates for the Voiceless.
We work directly with parents to protect children’s rights under IDEA and Section 504. We understand how emotional and overwhelming school discipline can be, especially when your child’s disability is involved. We are committed to guiding you through reviewing disciplinary actions, requesting and obtaining FBAs, and holding schools accountable for legal violations.
Located in Riverdale Park, Maryland, we serve families in Prince George's County, Montgomery County, and Anne Arundel County. Contact us today for help protecting your child’s education.
