Behavior Supports and BIPs in Delaware
How do behavior supports work in a Delaware IEP?
Delaware requires the IEP team to consider the use of positive behavioral interventions and supports (PBIS) for students whose behavior impedes their learning or the learning of others (14 Del. Admin. Code 925 § 9.2(b); 34 CFR 300.324(a)(2)(i)). This consideration is mandatory, though a Functional Behavioral Assessment (FBA) and Behavior Intervention Plan (BIP) are not universally required — they are required when the student's behavior rises to the level of a manifestation determination review (MDR) in discipline proceedings (14 Del. Admin. Code 925 § 15.0). When a student is removed for more than 10 school days under disciplinary procedures and the behavior is a manifestation of the disability, the IEP team must conduct an FBA and implement a BIP (14 Del. Admin. Code 925 § 15.4). Delaware promotes school-wide positive behavior supports and provides MTSS/PBIS frameworks through DDOE's Multi-Tiered System of Support initiative. Seclusion and restraint rules under 14 Del. Admin. Code 611 also intersect with behavior support planning.
What Delaware Requires
The IEP team must consider the use of positive behavioral interventions, supports, and strategies whenever a student's behavior impedes their own learning or the learning of others (14 Del. Admin. Code 925 § 9.2(b); 34 CFR 300.324(a)(2)(i)).
When a student's behavior results in a disciplinary removal for more than 10 school days and is a manifestation of the disability, the IEP team must conduct or review an FBA and implement or revise a BIP (14 Del. Admin. Code 925 § 15.4; 34 CFR 300.530(d)(1)(ii)).
A Behavior Intervention Plan must be based on a Functional Behavioral Assessment that identifies the function of the behavior and prescribes positive strategies (14 Del. Admin. Code 925 § 15.4).
Restraint and seclusion interventions must comply with 14 Del. Admin. Code 611 and may not substitute for appropriate behavioral supports in the IEP.
Delaware schools must provide PBIS-aligned supports through a Multi-Tiered System of Support (MTSS) framework as a proactive approach to behavior (DDOE MTSS guidance).
Key Timelines
FBA and BIP must be completed within 10 school days of a disciplinary removal that triggers an MDR or a referral for FBA (14 Del. Admin. Code 925 § 15.4; 34 CFR 300.530(f)).
Behavioral supports in the IEP must be reviewed at each annual IEP meeting and revised when the student's behavior changes or the current plan is ineffective (14 Del. Admin. Code 925 § 11.0).
A BIP must be implemented immediately following an MDR that finds behavior is a manifestation of the disability (14 Del. Admin. Code 925 § 15.4).