A Functional Behavior Assessment (FBA) is a clinical tool used to identify the environmental and behavioral factors driving a student’s challenging behavior. When a school refuses to conduct one — or conducts one inadequately — it sets in motion a chain of events that can harm the student and expose the district to legal liability. Attorneys involved in special education disputes need to understand both the clinical importance of the FBA and the legal obligations that surround it.
When Schools Are Required to Conduct an FBA
Under IDEA, schools are not always required to conduct an FBA on demand. However, they are required to consider it when a student’s behavior is impeding their learning or the learning of others, and their regulations require consideration of positive behavioral interventions and supports. Additionally, when a student with a disability faces certain disciplinary actions — particularly removal from placement for more than ten school days — an FBA is typically required as part of the manifestation determination process.
Schools sometimes resist conducting FBAs because they are resource-intensive, because the results may obligate the district to provide more services, or because the district does not have qualified staff to conduct them appropriately. Each of these reasons, if it drives a refusal to assess, may constitute a denial of FAPE.
The Consequences of a Refused or Inadequate FBA
When a school refuses to conduct an FBA for a student whose behavior is interfering with their education, the school may be implementing consequences — suspensions, removals, behavior contracts — without any understanding of why the behavior is occurring. This is not just clinically backward; it is potentially harmful. Punishing a behavior that is communicative, sensory-driven, or anxiety-based without addressing the underlying function typically makes the behavior worse.
For attorneys, a refused or inadequate FBA can be powerful evidence. It may demonstrate that the school failed to appropriately assess the student’s needs, which in turn may support a claim that the IEP was not designed to meet those needs — and therefore did not offer FAPE.
What to Look for in a Legal Challenge
When reviewing a potential FBA dispute, I recommend attorneys examine: whether the school ever documented that it considered an FBA; whether the school’s own behavior intervention records suggest they were responding to behaviors without understanding their function; whether the student was subjected to disciplinary measures that would have triggered an FBA requirement; and whether an independent FBA conducted by a qualified BCBA paints a substantially different clinical picture than what the school documented.
A behavioral expert can conduct an independent FBA, compare its findings to the school’s records, and offer testimony on the significance of the discrepancy. This kind of expert analysis has been central to successful outcomes in due process hearings and special education litigation.