The most important thing to understand about the relationship between FBAs and BIPs is that the findings of the FBA must ultimately be the foundation for the recommendations of the BIP. The FBA exists to identify why the child is acting the way he or she is, while the BIP considers the information that the FBA has gathered and then uses it to develop the best plan going forward.
As a general rule, special education students have to be kept in their regular placement as determined in their Individualized Education Program (IEP). However, at times special education students will misbehave and may be disciplined by removal from that regular placement. In fact, research shows that special education students generally tend to get disciplined more often than their general education peers, and also that the discipline for them may often be longer and more severe. Luckily, however, the law does offer protections for special education students, but parents have to use the law properly.
Under the Individuals with Disabilities Education Act (IDEA), if a student who has not been identified as requiring an Individualized Education Program (IEP) is facing removal from the regular educational setting - i.e., expulsion or an extended suspension - but a parent nevertheless believes the student may have a disability, the parent may request a special education evaluation. This is a situation that occasionally will arise.
Under th Individuals with Disabilities Education Act, students on an IEP must continue to receive education services when they are removed from their regulation education setting. Normally the removal is through suspension or expulsion. While the student is in removal, he or she may be placed into an interim alternative education setting (IAES). But wherever that student is, the IEP still must be followed. This means that, even during removal, a student must continue to receive services while they're out of school.
In special education law, there occasionally is some confusion among parents as to what it means to be a child with a disability. An important thing to understand is that the definiction is quite broad.