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(5.52) Additional Resources: Sample Letters

(5.52) Additional Resources: Sample Letters

Sample Letter Requesting a Functional Behavioral Assessment and IEP meeting:

Parent
Address
Telephone Number

Date
Name
Director of Special Education
Local Unified School District
Address
Re: Child’s Name

Dear Director of Special Education:

I am writing to refer my child for a functional behavior assessment. My child has behaviors that interfere with his/her learning and other children’s ability to learn. Furthermore, the behavior support plan and intervention strategies that are currently in my child’s IEP have been ineffective at addressing these behaviors.

I look forward to receiving an assessment plan in 15 days pursuant to Education Code Sec. 56321(a) for the revision of my child’s IEP. I understand that you are required to complete the assessment and hold an IEP meeting to discuss the assessment within 60 days of the date that you received the signed assessment plan pursuant to Education Code Sec. 56344(a).

Please provide me with copies of the assessment reports one week before the IEP meeting so that I can meaningfully participate in that meeting.

Sincerely,
Parent(s)


Sample Letter to School District Requesting an Independent Functional Behavioral Assessment at Public Expense

Parent(s)
Address
Telephone Number

Date
Name, Director of Special Education Local Unified School District
Address

Re: Child’s Name

Dear Director of Special Education:

We have received the assessment of our child that was completed by district personnel on [insert date of assessment]. We disagree with this evaluation because it does not include an adequate functional behavioral assessment of our child. Since we believe the current evaluation does not show an accurate picture of our child’s behavioral needs, including the function of our child’s behavior and the environmental factors which may contribute to that behavior, we are requesting an independent functional behavioral assessment at public expense, pursuant to 34 C.F.R. Sec. 300.502 and California Education Code Sec. 56329.

We disagree with the assessment because:

[include any reasons you disagree with the assessment, including one or more of the following statements if they apply]

The observations, interviews and other data that the assessment was based on are not sufficiently comprehensive to identify the function or purpose of my child’s behavior and address all of my child’s behavioral needs.

The assessment does not include an analysis of the antecedents (events happening just before) and consequences (events happening as a result of my child’s challenging behavior and/or of my child’s positive alternative behavior) and therefore does not directly assist the IEP team in developing or modifying a positive behavior intervention plan for my child.

The assessment was not conducted by staff who are trained or experienced in conducting a functional behavioral assessment.

Federal regulations require you to respond to this request “without unnecessary delay” by either ensuring that you provide my child with an independent educational evaluation at public expense or filing a due process complaint notice to request a hearing and to prove that your functional behavior assessment is appropriate. [34 C.F.R. section 300.502(b).]

We look forward to working with you collaboratively to agree on a qualified independent assessor and begin to move ahead with the independent functional behavior assessment in accordance with federal and state assessment requirements.

Please respond to this request as soon as possible.

Sincerely,
Parent(s)