What to Do When Your Child’s FBA is Flawed: A Parent’s Guide

Receiving a flawed or delayed Functional Behavioral Assessment (FBA) for your child is a frustrating experience that undermines the entire IEP process. If you’ve received a report that is late, contains errors, or seems to misrepresent your child’s needs, it’s important to know that federal and state laws provide you with powerful rights.

This guide will help you identify common FBA red flags and give you clear, actionable steps to take when a school’s assessment is not just inadequate, but unlawful.

Identifying Legal Red Flags in an FBA

An FBA is a legal document, and it must meet specific standards. Here are three major red flags that indicate a school’s FBA may be legally non-compliant.

1. The Timeline Violation

Under federal and state laws, school districts must complete assessments within a specific timeframe. In California, for example, the school has 60 calendar days from receiving a parent’s written consent to complete the assessment and hold an IEP meeting [1]. A delay of several months is a significant procedural violation that can constitute a denial of a Free Appropriate Public Education (FAPE), as it prevents the IEP team from developing appropriate goals and services [2].

2. Improper Methodology & Unqualified Staff

A valid FBA is a systematic process to understand the function of a behavior, conducted by trained professionals. According to special education law experts, an FBA that relies only on interviews or rating scales, without direct observation by a qualified examiner, is not a valid assessment [3]. Data collected primarily by untrained classroom aides is insufficient. A proper FBA must include direct observation by a trained professional, interviews with parents and teachers, and a review of records.

3. Glaring Inaccuracies

Finding another student’s name in your child’s report, for example, is a serious red flag. This kind of “copy-paste” error suggests the report was not individualized and calls the entire document’s credibility into question. It provides strong evidence that the evaluation was not conducted with the care and attention required by law. Ultimately - it erodes trust.

Your Right to Disagree: The Independent Educational Evaluation (IEE)

When you are presented with a flawed FBA, you are not required to accept it. Under the Individuals with Disabilities Education Act (IDEA), you have the right to disagree with the school’s evaluation and request an Independent Educational Evaluation (IEE) at public expense [4].

An IEE is an evaluation conducted by a qualified professional who is not employed by the school district. It is your most powerful tool for getting a fresh, unbiased assessment for your child.

How to Request an IEE

1. Write a Formal Letter. Send a letter to your school’s special education director stating that you disagree with the district’s FBA and are requesting an IEE at public expense. You are not required to explain why you disagree, but listing the violations can strengthen your position.

2. The School’s Response. The district must respond “without unnecessary delay.” It has only two choices: agree to pay for the IEE, or file for a due process hearing to prove its own assessment was appropriate [4]. Given clear violations, it is difficult for a district to defend its assessment.

In cases with significant timeline violations and clear carelessness, requesting an IEE is often the most effective path forward. It ensures your child receives the thorough, individualized, and legally compliant evaluation they are entitled to, which is the critical first step toward developing an IEP that truly meets their needs.

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References

[1] Disability Rights California. (2021, August 1). Special Education Timelines. Retrieved from https://www.disabilityrightsca.org/publications/special-education-timelines

[2] California School Boards Association. (2022). Special Education — Procedural Violations. Retrieved from https://publications.csba.org/reports/ela/2022-annual-report/special-education-procedural-violations/

[3] Starin, S. (2011, January 31). Functional Behavioral Assessments: What? Why? How? Who? Wrightslaw. Retrieved from https://www.wrightslaw.com/info/discipl.fab.starin.htm

[4] Center for Parent Information and Resources. (2021, October). Right to Obtain an Independent Educational Evaluation. Retrieved from https://www.parentcenterhub.org/iee/

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Related reading:

• When to Consider a Functional Behavior Assessment
• How to Request an Independent Educational Evaluation (IEE)
• What to Do When You Disagree with the School