1. AB 86: What it means for Butte County

2. Focus Changes in vocabulary Federal Law: FBAs and BIPs
What does this mean for us?
When are FBAs and BIPs required?

3. Changes in State Vocabulary
Before AB 86
After AB 86
Functional analysis assessments (FAAs)
Serious behavioral problems
Behavioral intervention plans (BIPs)-specifically defined
Behavior Intervention Case Managers (BICMs)-required
Functional behavioral assessments (FBAs)
Behavior that impedes a child’s learning or that of others
BIPs-not specifically defined
BICMs-eliminated
-Adapted from CDE Assembly Bill 86: Changes in State Law and Regulation Behavior Intervention Plan Stakeholders Work Group Meeting 1/21/3013

4. Before AB 86
5 CCR 3001(g): “Behavioral intervention plan” is a written document which is developed when the individual exhibits a serious behavior problem… 5 CCR 3052(a)(3): Behavioral intervention plans shall be based upon a functional analysis assessment.
-Adapted from CDE Assembly Bill 86: Changes in State Law and Regulation Behavior Intervention Plan Stakeholders Work Group Meeting 1/21/3013

5. After AB 86
EC (b): In the case of a child whose behavior impedes the child’s learning or that of others, the IEP 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.
   Additionally, the Team may address the behavior through annual goals in the IEP (34 CFR § (a)(2)(i)).  The child’s IEP may include modifications in his or her program, support for his or her teachers, and any related services necessary to achieve those behavioral goals (34 CFR § (a)(4)).  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.  
-Adapted from CDE Assembly Bill 86: Changes in State Law and Regulation Behavior Intervention Plan Stakeholders Work Group Meeting 1/21/3013

6. What Federal Law Does Not Do
Does not define the terms “behavioral intervention plan” or “functional behavior assessment”.
Does not provide specific guidance as to what types of behaviors trigger the need to develop a BIP beyond impeding learning.
-Adapted from CDE Assembly Bill 86: Changes in State Law and Regulation Behavior Intervention Plan Stakeholders Work Group Meeting 1/21/3013

7. Federal Law Also Does Not…
Specify the type of information the IEP team must consider in determining whether a student requires a BIP.
Federal law does not mandate the information that must be included in a student’s BIP.
Federal law does not specify who is qualified to conduct FBAs.
-Adapted from CDE Assembly Bill 86: Changes in State Law and Regulation Behavior Intervention Plan Stakeholders Work Group Meeting 1/21/3013

8. California Ed. Code 56320(b)(3)
Establishes that assessments of students with exceptional needs
“are administered by trained and knowledgeable personnel…”
-Adapted from CDE Assembly Bill 86: Changes in State Law and Regulation Behavior Intervention Plan Stakeholders Work Group Meeting 1/21/3013

9. AB 86:What does this mean for us?
● What will components of FBA consist of?
● Who is “trained and knowledgeable” to
complete assessments?
● How will we ensure everyone
understands legal requirements
●What will training look like?
●Will we adopt a policy of best practice?

10. When are FBAs and BIPS Required? Situation 1
Child with disability is removed from the current placement for more than 10 days:
●for a behavior that violated school code &
●IEP team determines behavior is a manifestation of child’s
disability pursuant to a manifestation determination &
●NO FBA has been conducted previously
The IEP team must conduct an FBA & implement a BIP.
-Adapted from CDE Assembly Bill 86: Changes in State Law and Regulation Behavior Intervention Plan Stakeholders Work Group Meeting 1/21/3013

11. Situation Two
Same scenario as Situation One except:
If a BIP has already been developed, review the BIP and modify it, as necessary, to address the behavior.
[34 CFR (f)(1)]
-Adapted from CDE Assembly Bill 86: Changes in State Law and Regulation Behavior Intervention Plan Stakeholders Work Group Meeting 1/21/3013

12. Situation 3
Child with disability is removed from the current placement for more than 10 days:
●for a behavior that violated school code &
●IEP team determines behavior is NOT a manifestation of
child’s, the LEA must ensure that the child
receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, which are designed to address the behavior violation so that it does not recur.
[34 CFR (c)(d)(ii)]
-Adapted from CDE Assembly Bill 86: Changes in State Law and Regulation Behavior Intervention Plan Stakeholders Work Group Meeting 1/21/3013

13. Guidance from CDE
“It should be noted that IDEA does not provide specific guidance regarding the conduct or form of a functional behavioral assessment (FBA) as opposed to other types of assessments.” -Fred Balcom, Director Special Education Division California Department of Education

14. Guidance from CDE
“There are no unique requirements regarding the documentation of any positive behavioral interventions and supports and other strategies that are identified.” -Fred Balcom, Director Special Education Division California Department of Education

15. A Brief Look at National Trends in Behavior
Pent Forum 2014
A Brief Look at National Trends in Behavior

16. National Trends in Behavior
Multi tiered systems of support for all
Based on universal screenings
Data based decision making based on graphed data
SST processes replaced by RTI decision making processes
-Adapted from Pent Forum, 2014

17. -Diana Browning Wright
Almost 7% Butte County
-Diana Browning Wright

18. Effects of Particular Interventions Popular Treatments that DON’T Work
Treatment/Intervention
Effect Size
Meeting with student
Punitive discipline
Alternative placement
Special education
.00
-.13 to +.06
-.03
+ = good results
= bad results
Effect size >.5 considered large
-Pent Forum, 2014

19. Popular Treatments that DO WORK
Treatment/Intervention
Effect Size
Positive Behavioral Supports
Social Skills Training
Group-Based Contingency
Token Economy
Social Emotional Learning
Formative Evaluation and Graphing + Reinforcement
Mentor-based program
+.90
+.68
+.81
+.60
+1.00
+1.20
-PENT Forum, 2014

20. -Universal Screening and Tiered Behavioral Systems, K. Lane, Ph
-Universal Screening and Tiered Behavioral Systems, K. Lane, Ph.d, BCBA-D

21. Tier 3 FBA/BIP Progress Monitoring

23. References
California Department of Education. [2013, October 21]. Behavior Intervention Stakeholder Workgroup Meeting [Webcast]. Retrieved from Lane, K. “Universal Screening and Tiered Behavior Systems”. University of Kansas. PowerPoint, [2012, September 17]. Retrieved from Symposium/Lane_SessionC.pdf . PENT Open Forum [2014]. AB 86: Now What? Best practice and creating a continuum of effective responses to problem behavior.