and Adam Newman, Partner
Cerritos Office
The functional analysis assessment ("FAA" or "Hughes Bill Assessment") is sometimes mistakenly referred to as a functional behavioral assessment ("FBA") but each is derived from a different law and more to the point, there is nothing in the federal law that describes how to do an FBA. The FAA was the by-product of legislation, AB 2586, that ultimately took form for present purposes in Title 5 California Code of Regulations Section 3052. Simply put, an FAA is a comprehensive and detailed analysis/assessment of a student's identified uncorrected maladaptive behavior in various educational settings that ultimately leads to an IEP team determination of whether the student should have a behavior intervention plan ("BIP"). For purposes of this post, the term BIP refers to the BIP as used in the FAA regs. The term BIP is also used in the federal regulations in the context of manifestation determinations. Sadly, though, the federal law provides no definition and no components for the term BIP used in that context.
An FAA is very specific and prescriptive and has extensive requirements regarding which students should receive an FAA, qualifications of the assessor, the procedures for conducting the assessment, and the elements of the assessment report per Title 5 California Code of Regulations Section 3052.
The Code of Regulations specifies that those students whose behaviors are self-injurious, assaultive, or causing property damage, which could lead to suspension or expulsion, and other severe behavior problems that are so pervasive and maladaptive that they require a systematic and frequent application or behavioral interventions shall receive an FAA.
Notably different from the broad requirements of the IDEA, which only generally require that an assessor be qualified, an FAA can only be conducted by or under the supervision of a person who has documented training in behavior analysis with an emphasis on positive behavioral intervention. While a Board Certified Behavior Analyst ("BCBA") meets this requirement, it is not required.
An FAA must include all of the following:
- Observation of all targeted behaviors to identify the frequency, duration and intensity of each targeted behavior;
- Observation of the antecedent events/events that occur immediately prior to the targeted behavior;
- Observation of the consequences of the behavior to help determine the function/purpose of the targeted behavior;
- Ecological analysis of the settings in which the behavior occurs most frequently. Factors to consider should include the physical setting, the social setting, the activities and the nature of instruction, scheduling, the quality of communication between the individual and staff and other students, the degree of independence, the degree of participation, the amount and quality of social interaction, the degree of choice, and the variety of activities;
- Review of records to determine if health and/or medical factors such as medication, sleep cycles, overall health and diet could be affecting the inappropriate behaviors; and
- Review of the history of the behavior to include the effectiveness of previously utilized behavioral interventions.
- A description of the nature and severity of the targeted behaviors in objective, measurable terms;
- A description of the targeted behaviors that include baseline data and an analysis of the antecedents and consequences that maintain the targeted behaviors, and a functional analysis of the behavior across all appropriate settings in which the behaviors occur;
- A description of the rate of alternative behaviors, their antecedents and consequences; and
- Recommendations for the IEP team that may include a behavior intervention plan.
Just as importantly, and not just for aesthetics, make sure your LEA's FAA report uses headings that demonstrate that the FAA requirements were addressed as required.
