Laws and Protections
Federal law: I.D.E.A. - IDEA 2004 states, under 34 CFR 300.324(a)(2)(i), that "the use of positive behavioral interventions and supports must be considered in the case of a child whose behavior impedes his or her learning or that of others". Learn more about Functional Behavior Assessments (FBAs).
Hawai’i State law: Chapter 465-D
“A licensed behavior analyst or a licensed psychologist is required to conduct functional behavior assessments and to design and oversee applied behavior analysis services” --provided that the licensed psychologist has ABA in their "education, training, and competence". Point of clarification: School psychologists are not licensed in Hawai'i currently, and therefore are not able to design and oversee others implementing behavior analysis services.
The practice of behavior analysis is defined as: "Practice of behavior analysis" means the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior. Practice of behavior analysis includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis. Practice of behavior analysis also includes the use of contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other consequences to help people develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions" (Chapter 465-D).
*Point of clarification, “Teachers are not permitted to independently conduct functional behavior assessments, or to design, develop, or independently oversee applied behavior analysis services”
You may want to contact your medical provider/insurer and getting approval for an ABA intake assessment.
You can access a list of ABA providers here: Hawai'i ABA Providers.