Functional Behavior Assessment in Delaware: What Parents Need to Know

Your child keeps getting sent to the office, suspended from the bus, or pulled out of class. The school's response has been punitive, but nothing is changing. A Functional Behavior Assessment is the tool that is supposed to figure out why the behavior is happening — not just document that it happened. Delaware parents have specific rights around when this assessment must be conducted and what it must produce.

What a Functional Behavior Assessment Is

A Functional Behavior Assessment (FBA) is a systematic evaluation process that identifies the function — the purpose — of a student's behavior. Behavior that looks disruptive or oppositional usually serves a function for the student: avoiding a task that is too difficult, escaping an overwhelming sensory environment, seeking attention or connection, accessing something they want.

Without understanding the function, a Behavior Intervention Plan (BIP) is just a list of consequences. Consequences do not address why behavior is happening; they only respond to it after the fact. An FBA that correctly identifies the function allows the BIP to address the cause — which is what actually changes behavior over time.

When Delaware Schools Must Conduct an FBA

IDEA and Delaware's Title 14 rules require an FBA in two specific circumstances:

During a manifestation determination. When a student with a disability faces a suspension of more than 10 school days (cumulatively in a school year, including shorter suspensions that form a pattern) or a disciplinary change of placement, the IEP team must conduct or review a manifestation determination within 10 school days. If the team determines that the behavior was a manifestation of the child's disability, the district must conduct an FBA if one has not been done, and develop or revise the BIP accordingly.

When behavior is impeding learning. The IEP team must consider the use of positive behavioral interventions, supports, and strategies when a student's behavior impedes their learning or the learning of others. While this consideration does not automatically trigger a required FBA, if the team cannot adequately address behavior without understanding its function, an FBA is the appropriate next step and can be requested by parents as part of a comprehensive evaluation.

Outside of these mandatory triggers, parents can request an FBA at any time as part of a comprehensive special education evaluation. Submit the request in writing, state that your child's behavior is affecting their educational performance, and ask that a functional behavioral assessment be included in the evaluation scope.

What a Proper FBA Must Include

A legally sufficient FBA must identify:

• A clear, observable, measurable description of the target behavior
• Antecedents — what consistently happens before the behavior occurs (settings, activities, people, time of day)
• Consequences — what consistently happens after the behavior (adult attention, removal from a task, access to a preferred activity)
• The hypothesized function of the behavior (escape/avoidance, attention, access to tangibles, sensory regulation)
• Data from multiple sources: direct observation, records review, interviews with parents, teachers, and when appropriate the student

An FBA that is a checklist of behavioral incidents without observations, without antecedent data, and without a hypothesis about function is not an adequate FBA. It is a behavior log. If the district produced paperwork labeled "FBA" that doesn't include those elements, you can disagree with the evaluation and request an Independent Educational Evaluation — including an independent FBA — at public expense.

The FBA-to-BIP Connection

An FBA without a Behavior Intervention Plan that responds to its findings is a document that goes nowhere. The BIP must be:

• Based on the FBA's function hypothesis
• Proactive — addressing antecedents and teaching replacement behaviors, not just responding to the target behavior
• Measurable — with data collection systems that track whether the plan is working
• Implemented consistently across settings (classroom, cafeteria, specials, bus)

In Delaware, BIP implementation is an IEP service. If staff are not implementing the BIP consistently, that is a FAPE issue — the district is not delivering the agreed-upon service.

Delaware Context: Behavior, Disability, and Discipline

Delaware schools disproportionately discipline students with disabilities, particularly students with Emotional Disturbance classifications and students with Autism. Suspensions of more than 10 days trigger the manifestation determination process regardless of whether the school characterizes the removal as a "suspension" — multiple one-day removals that form a pattern can constitute a change of placement.

SPARC (Special Education Partnership for Amicable Resolution of Conflict) mediates behavior-related IEP disputes in Delaware with a reported 75% agreement rate. Before escalating to due process, mediation through SPARC is often the most efficient path for BIP disputes, particularly in cases where the relationship with the district is still functional but the specific plan is not working.

If your child's behavior is being addressed with discipline rather than assessment, and the district has not conducted an FBA despite repeated behavioral incidents, that failure is documentable — and addressable. Put your FBA request in writing and reference that the behavior is affecting your child's educational performance.

The Delaware IEP & 504 Blueprint includes FBA request letter templates, a BIP review checklist, and guidance on using behavior-related IEP rights in Delaware.

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