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This reply was originally posted by user spazzyjanet in ADDitude’s now-retired community.
I hear what you are saying.
For what it’s worth, I did get an FBA prior to settling the BIP, but the FBA was pretty much useless. All it told me was that there was “no clear pattern by time of day or antecedent” and that behaviors got better after medication. There was no attempt to figure out the real underlying cause of anything.
So… the BIP ended up being a negotiated set of rewards and consequences, limited choices, brain breaks, and what steps to take if it looks like a meltdown is about to occur, or has already begun to occur. It was largely based on my own research and experience of what works, more than any actual FBA results, but it was better than nothing, which is what I would have gotten if I hadn’t fought for it.
For the record, I haven’t “threatened” an OCR complaint, but my son has an independent ADHD diagnosis, and continuous performance tests taken at the school prior to meds, along with a pattern of behavior issues support that diagnosis.
If the school psychologist shows me a CPT and says the words, “significant ADHD” in a meeting yet then comes back and tells me later due to testing after meds that he doesn’t qualify for a 504 that sounds alarm bells to me that our use of medication as a “mitigating factor” is clearly influencing his newfound opinion that there is no disability present. That is grounds for an OCR complaint, based upon my reading of Section 504 as well as the dear colleague letter that was sent out last summer.