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- What I call two different types of situations when you might consider a FBA. Now I just really want to break it down into very simple what it is, okay? So, the FBA language first appeared in the 1997 IDEA Amendments, okay? The purpose of the FBA came about for discipline situations. Because in the old days, they used to exclude kids from public school education because they were uneducable, all right? Untrainable. Thats actually what the language said in the old Part B cases. So, once that wasnt working, then they said, Now theyre being so disruptive that we cant provide them an education in this setting. And thats what they said. So this was a way to say now were going to include some enhanced protections before you remove kids primarily for behavioral disciplinary problems. They modified it in 2004, but theres really two situations when you would consider doing an FBA. I call it the Disciplinary Situation and then we have the Learning Impeding Situation. The Learning
