N.Y. Comp. Codes R. & Regs. Tit. 8 § 201.3 - Cse responsibilities for functional behavioral assessments and behavioral intervention plans
If the manifestation team pursuant to section 201.4 of this Part, makes the determination that the conduct subject to the disciplinary action was a manifestation of the student's disability, the CSE must either:
(a) conduct a functional
behavioral assessment, unless the school district had conducted a functional
behavioral assessment before the behavior that resulted in the change of
placement occurred, and implement a behavioral intervention plan for the
student; or
(b) if a behavioral
intervention plan has already been developed, review the behavioral
intervention plan and modify it as necessary to address the behavior.
Notes
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If the manifestation team pursuant to section 201.4 of this Part, makes the determination that the conduct subject to the disciplinary action was a manifestation of the student's disability, the
(a) conduct a functional behavioral assessment , unless the school district had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the student; or
(b) if a behavioral intervention plan has already been developed, review the behavioral intervention plan and modify it as necessary to address the behavior.