Functional Behavior Assessment in North Dakota: What Parents Need to Know

Your child is being sent to the office, suspended, or isolated — and the school is treating every outburst as a discipline problem. What the school may not be telling you is that for students with disabilities, behavior is often communication. And the law has very specific tools — a Functional Behavioral Assessment and a Behavior Intervention Plan — designed to address the root cause rather than just punish the symptom.

In North Dakota, understanding when these tools are legally required and how to request them can be the difference between a child who gets meaningful support and one who cycles through suspensions until they drop out. North Dakota's special education dropout rate is 20.82% — a figure the state has repeatedly failed to meet its own targets on. Behavioral mishandling is a significant driver.

What a Functional Behavior Assessment Is

A Functional Behavioral Assessment (FBA) is a systematic process for identifying why a student engages in a specific challenging behavior. The "why" matters because behavior doesn't happen randomly — it serves a function. Common functions include:

• Escape/avoidance: The student acts out to get removed from a task, setting, or person that is overwhelming or aversive
• Attention: The behavior gains adult or peer attention (positive or negative)
• Access: The behavior gets the student something they want (a preferred item, a break, sensory input)
• Sensory regulation: The behavior provides sensory stimulation or relief

An FBA looks at the antecedents (what happens right before the behavior), the behavior itself (specifically defined), and the consequences (what happens immediately after). It includes direct observation, interviews with teachers and parents, and review of existing data. The goal is a hypothesis: "This student engages in this behavior because it [function], and it works — the behavior achieves the function." Once the function is identified, you can teach a replacement behavior that serves the same function more appropriately.

An FBA is not a punishment. It's a problem-solving tool.

What a Behavior Intervention Plan Is

A Behavior Intervention Plan (BIP) is developed after an FBA. It translates the FBA findings into specific, proactive strategies. A well-written BIP includes:

• A clear, observable definition of the target behavior
• The identified function of the behavior
• Antecedent strategies (environmental modifications, schedule changes, proactive supports that prevent the behavior)
• Replacement behavior instruction (teaching the student a different, appropriate way to meet the same need)
• Consequence strategies (what adults do when the behavior does and doesn't occur)
• Data collection methods to measure progress
• The adults responsible for implementing each component

A BIP without a preceding FBA is a checklist, not a plan. The FBA is what gives the BIP its evidence base.

When North Dakota Schools Are Legally Required to Conduct an FBA

Federal IDEA law — applied in North Dakota under NDCC 15.1-32 — mandates an FBA in two specific situations:

1. After a manifestation determination where behavior is found to be a manifestation of the disability. If your child with an IEP is facing a suspension of more than 10 school days (consecutive or cumulative in a school year) and the IEP team determines the behavior is related to the disability, the school must conduct or review an existing FBA and implement or review a BIP.

2. When a student is removed to an Interim Alternative Educational Setting (IAES) for a special circumstances violation (weapons, drugs, or serious bodily injury). In this case, the school must conduct an FBA and implement a BIP even if the behavior was not found to be a manifestation.

Beyond these mandated situations, schools should also conduct FBAs:

• When a student's behavior is impeding their learning or the learning of others (this is a required IEP team consideration under IDEA)
• When a student is being considered for a more restrictive placement due to behavioral concerns
• When existing behavioral supports are not working and the student continues to struggle

How to Request an FBA

You don't need to wait for a discipline crisis. If your child's behavior is affecting their learning — even if suspensions haven't started yet — you can request an FBA in writing at any time.

Send a written request to the special education director asking for a Functional Behavioral Assessment for your child. Specify that you're making this request because your child's behavior is interfering with their education and you want to understand the function of the behavior before it escalates. Request that the IEP team also develop or update the Behavior Intervention Plan based on the FBA findings.

The school should respond with a consent form for the evaluation. Once you sign consent, the standard evaluation timeline applies — 60 school days in North Dakota.

If the school declines to conduct an FBA, they must provide you with Prior Written Notice (PWN) explaining the refusal. That document is the trigger for your dispute options.

North Dakota's Rural Behavioral Support Gap

North Dakota's IDEA Advisory Committee has explicitly identified a shortage of Tier 2 and behavioral supports within general education settings as a critical statewide issue. Across the state, there is a "profound need" for behavioral interventionists, and special education coordinators are often handling extensive behavioral caseloads alongside administrative duties.

This creates a practical problem: even when an FBA is warranted, the qualified personnel to conduct it may not be locally available. In rural districts served by REAs, a Board Certified Behavior Analyst (BCBA) may only visit periodically. If the district claims they don't have the staff to conduct a timely FBA, you can request that they bring in an outside contractor or regional specialist to complete it — they remain legally obligated to conduct the assessment regardless of internal staffing challenges.

Teletherapy providers — including organizations like Rural Psychiatry Associates, which operates across North Dakota — can sometimes provide behavioral consultation and FBA support remotely for families in underserved areas.

When Your Child Is Being Disciplined Without an FBA

If your child with an IEP is being suspended repeatedly without any FBA or BIP in place, this is a significant concern. Under IDEA, repeated removals that total more than 10 days in a school year constitute a "pattern" that triggers a change-of-placement determination — which requires both a manifestation determination review and FBA consideration.

Document every suspension: the date, duration, stated reason, and what you were told. If the pattern is accumulating and the school hasn't initiated an FBA, put your request in writing immediately.

Schools in North Dakota also have restraint and seclusion policies. The ND Protection & Advocacy Project has specifically investigated the disproportionate use of restraint on students with disabilities, including a formal investigation into Fargo Public Schools' practices. If your child has been physically restrained or placed in seclusion, request a behavioral meeting immediately and document the incident in writing.

What a Good BIP Looks Like

A BIP that consists of "redirect student, provide verbal warning, send to office" is not a behavior intervention plan — it's a discipline script. A real BIP modifies the environment, teaches the student new skills, and changes adult responses based on the function of the behavior.

When reviewing a proposed BIP, ask:

• What function did the FBA identify for this behavior?
• What specific environmental changes are we making to address the antecedents?
• What replacement behavior are we teaching, and how?
• Who is responsible for each piece of this plan?
• How will we measure whether the plan is working?

If you can't get clear answers to these questions from the BIP document, the plan needs more work before you sign it.

The North Dakota IEP & 504 Blueprint includes guidance on reviewing BIPs, the exact language to use in requesting an FBA, and strategies for holding districts accountable when behavioral supports are missing or inadequate.

See more United States homeschool guides →