OAR 581-015-2181: Functional Behavioral Assessments

(1) As used in this rule: (a) “Behavior intervention plan” means an individualized plan, including positive interventions, designed to: (A) Assist a student to decrease inappropriate behavior; and (B) Increase or teach an alternative appropriate behavior. (b) “504 Plan” means an education plan developed for a student in accordance with section 504 of the Rehabilitation Act of 1978, 29 U.S.C. 794. (c) “Functional behavioral assessment” means an individualized assessment of a student that results in a hypothesis about the function of a student’s behavior and, as appropriate, recommendations for a behavior intervention plan. (d) “Qualified person” means an individual with training and/or experience in conducting functional behavioral assessments. (e) “Serious bodily injury” has the meaning given that term in ORS 339.285. (f) “Service provider” includes school personnel who: (A) Are or will be providing services related to the implementation of an individualized education program or a 504 Plan to the student; and (B) Do not hold a teaching license or an administrative license. (2)(a) A school district must conduct a functional behavioral assessment and develop, review or revise a behavior intervention plan within 45 school days of receiving parental consent to conduct the assessment for every student who has: (A) An individualized education program or a 504 Plan; and (B) Placed the student, other students or staff at imminent risk of serious bodily injury as a result of the student’s behavior. (b) For purposes of this subsection, if a functional behavioral assessment has been previously completed, the school district must review and/or revise the existing functional behavior assessment. (3) When a behavior intervention plan is developed, reviewed or revised as provided by subsection (2) of this section, the school district must: (a) Ensure that the behavior intervention plan is based on a functional behavioral assessment that was conducted by a qualified person; (b) Ensure that the behavior intervention plan appropriately addresses the student’s needs; (c) Allow service providers involved in the incident when the student, other students or staff were at imminent risk of serious bodily injury to provide meaningful input into the development, review or revision; (d) Inform the service providers about any portions of the behavior intervention plan that are relevant to the service providers and about any training opportunities for the service providers; and (e) Ensure that the behavior intervention plan was correctly implemented before making any revisions.