The 2nd Circuit Appellate court has ruled in D.S. by M.S. and R.S. v. Trumbull Board of Education that parents who disagreed with a district’s Functional Behavioral Assessment (“FBA”) were not entitled to an independent educational evaluation (“IEE”) at public expense. While parents can be awarded IEEs for disagreeing with “comprehensive assessments” provided by school districts, the appellate panel ruled that FBAs do not qualify as a “comprehensive assessment,” but instead are considered “targeted examinations” of a child’s behavior.
September 2020
