Behavior Supports and BIPs in California
How do behavior supports work in a California IEP?
California has specific laws governing behavior supports for students with disabilities, anchored in the Hughes Bill (EC 56520-56525) and supplemented by EC 56521.1-56521.2, 5 CCR 3051.23, and federal IDEA discipline provisions (34 CFR 300.530-300.536). Under EC 56520, behavioral interventions must be designed to be positive and must provide the student with the skills to replace inappropriate behavior. California prohibits the use of emergency interventions that cause pain or trauma (EC 56521.1), and the use of any intervention solely for staff convenience or as punishment is prohibited. A Functional Behavioral Assessment (FBA) is required when a student's behavior impedes their learning or the learning of others—the FBA informs the development of a Behavior Intervention Plan (BIP) that is incorporated into the IEP (EC 56521.1-56521.2; 5 CCR 3051.23; 34 CFR 300.324(a)(2)(i)). For discipline, when a student with a disability is removed from the educational setting for more than 10 consecutive school days (or a pattern of removals exceeding 10 cumulative school days in a school year that constitutes a change of placement), the IEP team must conduct a manifestation determination within 10 school days (34 CFR 300.530(e)). If the behavior is a manifestation of the disability, the student must be returned to the prior placement (unless the parent and district agree otherwise), and the IEP team must conduct an FBA and implement or revise a BIP (34 CFR 300.530(f)). Special circumstances allowing removal to an interim alternative educational setting (IAES) for up to 45 school days regardless of manifestation include: weapons, drugs, or serious bodily injury (34 CFR 300.530(g)). California's Hughes Bill requirements are more restrictive than federal law regarding the types of behavioral interventions that may be used.
What California Requires
Behavioral interventions must be positive and designed to provide the student with skills to replace inappropriate behavior (EC 56520).
Emergency interventions that cause pain or trauma are prohibited, and interventions solely for staff convenience or as punishment are prohibited (EC 56521.1).
A Functional Behavioral Assessment (FBA) must be conducted when a student's behavior impedes learning, and a Behavior Intervention Plan (BIP) must be developed and incorporated into the IEP (EC 56521.1-56521.2; 34 CFR 300.324(a)(2)(i)). Behavioral intervention providers must meet the qualifications specified in 5 CCR 3051.23.
Manifestation determination must be conducted within 10 school days of any decision to change placement due to behavior (34 CFR 300.530(e)).
If behavior is a manifestation of the disability, the student must be returned to prior placement, and an FBA must be conducted/BIP revised (34 CFR 300.530(f)).
Removal to an interim alternative educational setting (IAES) for up to 45 school days is permitted for weapons, drugs, or serious bodily injury, regardless of manifestation (34 CFR 300.530(g)).
California's Hughes Bill (EC 56520-56525) imposes additional restrictions on behavioral interventions beyond federal IDEA requirements.
Key Timelines
Manifestation determination: within 10 school days of any decision to change placement due to discipline (34 CFR 300.530(e)).
After 10 consecutive school days of removal (or a pattern of removals constituting a change of placement), the district must provide services and conduct an FBA/BIP (34 CFR 300.530(b)-(d)).
Interim alternative educational setting (IAES) for special circumstances: up to 45 school days (34 CFR 300.530(g)).
Stay-put during discipline appeals: the student remains in the IAES during any expedited hearing (34 CFR 300.533).
Expedited hearing decision on discipline: within 20 school days of complaint filing (34 CFR 300.532(c)(2)).