Yes. If your child has behaviors which interfere with your child’s or another child’s learning, federal law requires the IEP team evaluate and consider which behavior supports and strategies and other services are needed so that your child can benefit from education in the least restrictive environment (LRE).[1] Write a letter to your child’s school informing them of their duty to have goals and services related to your child’s behavioral needs in their IEP.
The District has to provide the type of assessment, plan, services or supports that your child’s IEP team determines are necessary to help your child with their behavior in school so your child can benefit from education and not have to move to a more restrictive setting, such as a special day class or day treatment program.
Your child’s IEP should include a statement of the special education and related services and supplementary aids, and services to be provided to your child, and a statement of measurable annual behavior goals designed to address your child’s behavior needs.[2] If behavior is getting in the way of your child learning or remaining in a general classroom or less restrictive setting, their IEP should contain a statement of the behavioral support services they need.[3]
If your child’s school agrees that your child has behavior needs and the IEP does not include supports or strategies to address the behavior and/or does not state goals related to your child’s behavior, you should first write a letter to your school informing them of their duty to develop behavioral goals and services in your child’s IEP, and if you don’t hear from them, then you should consider filing a compliance complaint with the California Department of Education (CDE). If your child’s IEP contains services, supports or strategies to address these behavioral needs but they have been ineffective, your district should call for an IEP. However, you can request an IEP yourself to address your child’s lack of progress. You may consider filing a due process hearing request.[4]
- 34 C.F.R. §. 300.324(a)(2), (b)(2).[↩]
- 34 C.F.R. Sec. 300.320(a)(2), (4)[↩]
- Cal. Ed. Code Sec. 56364.2[↩]
- See Chapter 1, Information on Basic Rights; Chapter 6, Information on Due Process/Compliance Procedures. Chapter 15, Information on the Rights of Students with Behavioral Needs and Students Who are Bullied.[↩]