Behavior Supports and BIPs in Florida
How do behavior supports work in a Florida IEP?
Florida addresses behavioral supports and discipline for students with disabilities through FAC 6A-6.03028, F.S. §1003.573, and the federal IDEA provisions at 34 CFR §§300.530-300.536. IEP teams must consider whether a student's behavior impedes the student's learning or the learning of others, and if so, must consider the use of positive behavioral interventions and supports and other strategies to address the behavior (FAC 6A-6.03028(3)(g); 34 CFR §300.324(a)(2)(i)). When a student's behavior warrants formal assessment, the district must conduct a Functional Behavioral Assessment (FBA) and develop a Behavior Intervention Plan (BIP) (34 CFR §300.530(d)(1)(ii), (f)(1)(ii)). An FBA is specifically required when a student with a disability is removed from the current placement for more than 10 school days in a school year and the behavior is determined to be a manifestation of the disability (34 CFR §300.530(f)). A manifestation determination review (MDR) must be conducted within 10 school days of any decision to change placement for disciplinary reasons; the IEP team must determine whether the conduct was caused by or had a direct and substantial relationship to the student's disability, or was a direct result of the district's failure to implement the IEP (34 CFR §300.530(e)). F.S. §1003.573 specifically governs seclusion and restraint of students with disabilities in Florida public schools. School personnel are prohibited from using seclusion (involuntary confinement of a student alone in a room preventing exit) (F.S. §1003.573(2)). Mechanical restraint is prohibited for general school personnel; an exception applies only for school resource officers, school safety officers, school guardians, and school security guards acting under F.S. §1006.12, who may use mechanical restraint for students in grades 6-12 (F.S. §1003.573(3)). Physical restraint may be used only after exhausting positive behavioral interventions and only when there is an imminent risk of serious injury to the student or others; only minimally necessary force may be used, and restraint must cease once danger subsides (F.S. §1003.573(3)). The school must notify the parent in writing before the end of the school day on which restraint or seclusion occurs (F.S. §1003.573(6)). Florida's zero tolerance policy (F.S. §1006.13) requires that if a student committing an offense subject to zero tolerance is a student with a disability, the district must comply with applicable State Board of Education rules, ensuring IDEA protections override automatic expulsion mandates (F.S. §1006.13(3)). Each Florida public school must establish a behavioral threat assessment team under F.S. §1006.07(7) that uses a Florida-specific behavioral threat assessment instrument. Florida's MTSS (Multi-Tiered System of Supports) framework, referenced in FAC 6A-6.0331, underpins the continuum of behavioral interventions from universal prevention to intensive individualized supports.
What Florida Requires
IEP team must consider positive behavioral interventions and supports when behavior impedes learning (FAC 6A-6.03028; 34 CFR §300.324(a)(2)(i))
FBA must be conducted and BIP developed when behavior is a manifestation of disability and removal exceeds 10 school days (34 CFR §300.530(f))
Manifestation determination review (MDR) required within 10 school days of any decision to change placement for disciplinary reasons (34 CFR §300.530(e))
School personnel are prohibited from using seclusion on students with disabilities (F.S. §1003.573(1))
Mechanical restraint is prohibited; physical restraint only to prevent imminent serious injury (F.S. §1003.573(2)-(3))
Written parent notification required before end of school day on which restraint or seclusion occurs (F.S. §1003.573(6))
Zero tolerance offenses for students with disabilities must comply with State Board of Education ESE rules (F.S. §1006.13(4))
Each Florida public school must establish a behavioral threat assessment team using a Florida-specific threat assessment instrument; teams must coordinate mental health referrals (F.S. §1006.07(7))
Florida's MTSS framework supports a continuum of behavioral interventions — from universal prevention to intensive individualized FBA/BIP — aligned with FAC 6A-6.0331
Written incident report must be mailed to the parent within 3 school days after a restraint event; signed acknowledgment required (F.S. §1003.573(7))
Key Timelines
Manifestation determination review must occur within 10 school days of a decision to change placement for discipline (34 CFR §300.530(e))
Student may be removed to interim alternative educational setting for up to 45 school days for weapons, drugs, or serious bodily injury (34 CFR §300.530(g))
Parent must be notified in writing of restraint or seclusion before end of the school day on which it occurs (F.S. §1003.573(6))
Removals exceeding 10 consecutive school days or a pattern exceeding 10 cumulative school days constitute a change of placement triggering MDR (34 CFR §300.530(a)-(b))