Home   |   Directory   |   Contact Us   |   Sign In   |   Join Us
News & Press: Amicus

COPAA Amicus brief in Ninth Circuit Supports Use of FBAs and BIPs

Tuesday, September 24, 2019   (0 Comments)
Posted by: Denise Marshall

COPAA filed a Motion for Leave to file an Amicus Curiae brief in support of the student-Appellant in the Court of Appeals for the Ninth Circuit, Butte Sch. Dist. No. 1, v. C.S., et al., on September 10, 2019.  Selene Almazan, Alexis Casillas, and Ellen M. Saideman drafted and filed the brief for COPAA. COPAA members, Andree Larose, Alice Nelson and Tal Goldin represent the family.

COPAA’s brief explained to the Ninth Circuit how it must consider Endrew F.’s mandate that IEPs for all children with disabilities must be appropriately ambitious and have challenging objectives, including for those children whose disabilities involve exhibition of challenging behavior.  To that end, COPAA described to the Court how it is critical that students with behaviors that interfere with their ability to access education receive both appropriate evaluations in the area of Functional Behavioral Analysis (FBA) and appropriate Behavioral Intervention Plans (BIP).  Moreover, COPAA explained the importance of reviewing the BIP frequently to see if it is effective in reducing the interfering behavior, and, if the interfering behavior continues, that the BIP is adjusted so as to increase the likelihood of success in improving the behaviors.


With this backdrop, COPAA urged the Ninth Circuit to find that the district court below erred in holding that a FBA was not an evaluation under IDEA and in holding that the school district had provided a free appropriate public education (FAPE) to the child even though it did not perform an appropriate FBA and did not appropriately address the student’s behaviors, including school aversion. As COPAA further explained to the Ninth Circuit, the evaluation and assessment procedures in IDEA are crucial for delivery of appropriate services, and therefore, the violations that occurred in this case directly implicate the statute’s primary purpose, which is to ensure that school districts accepting federal funds meet all the educational needs of students with disabilities. 


Read the Appellant/student’s brief.


Read COPAA's Amicus brief.


Read the National Center for Learning Disabilities and other amici  brief.


Read TASH's brief.

Membership Management Software Powered by YourMembership  ::  Legal