If the admission, review, and dismissal (ARD) committee determines in a MANIFESTATION DETERMINATION review that the conduct was the direct result of the failure of the local education agency (LEA) to implement the individualized education program (IEP), the LEA must take immediate steps to remedy those deficiencies.

• Conduct a functional behavioral assessment (FBA):

• Unless the LEA had conducted a FBA before the behavior that resulted in the change of placement occurred; and

• Implement a behavioral intervention plan (BIP) for the child; or

• If a BIP already has been developed:

• Review the BIP; and

• Modify it, as necessary, to address the behavior.

• Return the child to the placement from which the child was removed:

• Except as provided in the SPECIAL CIRCUMSTANCES framework;

• Unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan.