Differentiating Legal From Professional Lenses: A Systematic Analysis of Judicial Rulings on Functional Behavioral Assessments and Behavior Intervention Plans

Abstract

In 2017, Zirkel provided a comprehensive analysis of the judicial rulings related to Functional Behavioral Assessments (FBAs) and Behavior Intervention Plans (BIPs). Since then, the COVID-19 pandemic and the Supreme Court’s Endrew F. decision reshaped the special education landscape, while reaffirming the centrality of a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA) in the United States. Yet, the vague language of the IDEA for FBAs and BIPs has remained unchanged. This article provides an updated analysis of the judicial case law on FBA-BIPs, focusing on the outcomes of the rulings overall and longitudinally as well as the component categories of entitlement, appropriateness, and implementation. The discussion includes recommendations that differentiate the legal parameters of these judicial rulings from proactive best practices that tend to mitigate litigation and promote effective student outcomes.