2017 ORS 343.154¹
Functional behavioral assessments and behavior intervention plans

(1) As used in this section:

(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 1978, 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 (Definitions for ORS 339.285 to 339.303).

(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]

Note: 343.154 (Functional behavioral assessments and behavior intervention plans) takes effect July 1, 2018, and first applies to the 2018-2019 school year. See sections 3 and 4, chapter 436, Oregon Laws 2017.

Note: 343.154 (Functional behavioral assessments and behavior intervention plans) 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.

Notes of Decisions

Under Former Similar Statute (Ors 343.077)

Under former sec­tion hearings of­fi­cer and Depart­ment of Educa­tion were empowered to direct school district to pay tui­tion of handicapped child placed in private residential facility. Mahoney v. Adm. Sch. Dist. No. 1, 42 Or App 665, 601 P2d 826 (1979)

Chapter 343

Notes of Decisions

As handicapped children are entitled under this chapter to receive special educa­tion and related services free of charge, where private residential place­ment for handicapped child has been found necessary, tui­tion expense must be borne by school district, and this obliga­tion is not limited to school year. Mahoney v. Adm. Sch. Dist. No. 1, 42 Or App 665, 601 P2d 826 (1979)

1 Legislative Counsel Committee, CHAPTER 343—Special Education and Other Specialized Education Service, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors343.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 343, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano343.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.