Oregon Statutes 343.154 – Functional behavioral assessments and behavior intervention plans
(1) As used in this section:
Terms Used In Oregon Statutes 343.154
- Individualized education program: means a written statement of an educational program for a child with a disability that is developed, reviewed and revised in a meeting in accordance with criteria established by rules of the State Board of Education for each child eligible for special education and related services under this chapter. See Oregon Statutes 343.035
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- School district: means a common or union high school district that is charged with the duty or contracted with by a public agency to educate children eligible for special education. See Oregon Statutes 343.035
(a) ‘Behavior intervention plan’ means an individualized plan, including positive interventions, designed to:
(A) Assist a student to decrease inappropriate behavior; and
(B) Increase or teach an alternative appropriate behavior.
(b) § 504 Plan’ means an education plan developed for a student in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.
(c) ‘Functional behavioral assessment’ means an individualized assessment of a student that results in a hypothesis about the function of a student’s behavior and, as appropriate, recommendations for a behavior intervention plan.
(d) ‘Serious bodily injury’ has the meaning given that term in ORS § 339.285.
(e) ‘Service provider’ includes school personnel who:
(A) Are or will be providing services related to the implementation of an individualized education program or a 504 Plan to the student; and
(B) Do not hold a teaching license or an administrative license.
(2) A school district must conduct a functional behavioral assessment and develop, review or revise a behavior intervention plan within 45 school days of receiving parental consent to conduct the assessment for every student who has:
(a) An individualized education program or a 504 Plan; and
(b) Placed the student, other students or staff at imminent risk of serious bodily injury as a result of the student’s behavior.
(3) When a behavior intervention plan is developed, reviewed or revised as provided by subsection (2) of this section, the school district must:
(a) Ensure that the behavior intervention plan is based on a functional behavioral assessment that was conducted by a qualified person;
(b) Ensure that the behavior intervention plan appropriately addresses the student’s needs;
(c) Allow service providers involved in the incident when the student, other students or staff were at imminent risk of serious bodily injury to provide meaningful input into the development, review or revision;
(d) Inform the service providers about any portions of the behavior intervention plan that are relevant to the service providers and about any training opportunities for the service providers; and
(e) Ensure that the behavior intervention plan was correctly implemented before making any revisions. [2017 c.436 § 2; 2021 c.97 § 35]
343.154 was added to and made a part of ORS Chapter 343 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.