HABA Legislative Chair, Amanda N Kelly, PhD, BCBA-D, LBA, prepared for us 4 separate presentations: 1) How to Get ABA on an IEP (7/2018), 2) FAQ: FBAs and the HIDOE (7/2018), 3) ABA on the IEP - For Teachers (7/2018), and 4) Changes to ABA Licensure Law (5/2018). If you have any questions about the content of these videos, you may reach out to Dr. Kelly directly at firstname.lastname@example.org.
Licensure for Behavior Analysts (Chapter 465-D) requires licensure for those who practice behavior analysis, with carefully crafted exemptions. The exemptions allow for psychologists, behavior analysis students, parents/guardians, individuals pursuing practicum to practice, under the oversight of a licensed behavior analyst (LBA).
R.E.B. vs. State of Hawai'i
Endrew’s parents contended that the final IEP proposed by the school district was not “reasonably calculated to enable [Endrew] to receive educational benefits” and that Endrew had therefore been denied a FAPE. Rowley, 458 U. S., at 207. Endrew’s IEPs largely carried over the same basic goals and objectives from one year to the next, indicating that he was failing to make meaningful progress toward his aims. LEARN MORE Instruction Must be 'Specially Designed' to Meet 'Child's Unique Needs' Through an IEP Later, the Court returned to these concepts: “A focus on the particular child is at the core of the IDEA. The instruction offered must be ‘specially designed’ to meet a child’s ‘unique needs’ through an “[i]ndividualized education program.” §§1401(29), (14)
October 5, 2017 - “Ultimately, we simply do not believe that the legislature intended to permit insurers to exclude coverage in the sensory-laden educational environment where children spend large portions of their days, or to require families to litigate the issue of medical necessity discretely in individual cases to secure such location-specific coverage for the treatment,” Pennsylvania Supreme Court Chief Justice Thomas Saylor, who wrote the 22-page majority opinion, said. LEARN MORE
"If the team decides that the child needs a particular service (including an intervention, accommodation, or other program modification), they MUST include a statement to that effect in the child's IEP."
"Teachers are NOT permitted to independently conduct functional behavior assessments, or to design, develop, or independently oversee applied behavior analysis services." Furthermore, "a licensed behavior analyst or a licensed psychologist is REQUIRED to conduct functional behavior assessments and to design and oversee applied behavior analysis services."
Does ABA belong on the IEP grid?
Short answer: yes
Long answer: “In order to submit claims and be reimbursed for the ABA services, the provider must prescribe such services in the student’s Service Delivery Needs in the IEP” “...supplementary documentation sources specifying the ABA services being provided is required to include type of personnel providing the ABA therapy and the duration/frequency of such therapy. The documentation should match the ABA services that will be included with the IEP amendment” (Massachusetts, 2015).
“When a particular methodology plays a critical role in the student’s educational plan, it must be specified in the IEP (Individualized Education Plan) rather than left up to individual teachers’ discretion” (Hawai’i, 2017).
"At a minimum, this summary of the decisions and agreements reached during the Team meeting must include: – (a) a completed IEP service delivery grid describing the types and amounts of special education and/or related services proposed by the district, and – (b) a statement of the major goal areas associated with these services."
"The IEP must include all special education services, related services, and supplementary aids and services the child needs, and the school will provide" (Wrightslaw: All About IEPs, page 37).