In July of 2013, the California Legislature repealed a law known as the Hughes Bill, a set of laws and regulations requiring school districts to take specific steps to address the needs of special education students with behavior problems. The Hughes Bill required school districts to provide additional services including a detailed and comprehensive assessment called a functional analysis assessment (FAA), and a positive behavior intervention plan (PBIP) also called (BIP) when a child displayed serious, dangerous behaviors.
These services are no longer automatically required as described in the previous law, but behavioral assessments and positive behavioral interventions are still required as part of an IEP. [34 C.F.R. Sec. 300.324(a)(2)(i); Cal. Ed. Code Sec. 56341.1(b)(1).] If your child’s behavioral issues are significant, the IEP team should still consider whether your child would benefit from a detailed assessment such as FAA and PBIP. If your child has had a behavior support plan (BSP) that has not been effective in addressing your child’s challenging behavior, you should point this out to the IEP team and request that your child receive a detailed functional behavioral assessment (FBA), such as FAA, so that the IEP team has enough information to develop a more detailed PBIP.