Behavior Supports and BIPs in Illinois
How do behavior supports work in a Illinois IEP?
Illinois provides comprehensive behavioral protections for students with disabilities under 105 ILCS 5/14-8.05, 23 IAC 226.400, and 105 ILCS 5/10-20.33. Each district must establish and maintain a local advisory committee on the education of children with disabilities that advises on policies and procedures for behavioral interventions (105 ILCS 5/14-8.05(c)). When a student's behavior impedes learning, the IEP team must consider positive behavioral interventions, strategies, and supports to address the behavior (23 IAC 226.230(b)). A Functional Behavioral Assessment (FBA) involves observing the student and analyzing target behaviors to identify antecedents, motivations, and contributing circumstances. Based on the FBA, the team develops a Behavior Intervention Plan (BIP) that includes intervention strategies, incentives, replacement behaviors, and antecedent modifications (23 IAC 226.400). When a student with a disability faces a disciplinary change of placement — defined as removal exceeding 10 consecutive school days or a pattern of removals totaling more than 10 school days in a year — the district must conduct a Manifestation Determination Review (MDR) within 10 school days (34 CFR 300.530; 23 IAC 226.400). The MDR team determines whether the behavior was caused by or had a direct and substantial relationship to the disability, or whether the district failed to implement the IEP. If the behavior is a manifestation, the student must be returned to the prior placement (unless parent and district agree otherwise), and the team must conduct an FBA and implement or revise a BIP. If not a manifestation, the district may discipline as with any student but must continue providing FAPE in an alternative setting. Special 45-school-day removals to interim alternative educational settings are authorized for weapons, drugs, or serious bodily injury regardless of manifestation determination (34 CFR 300.530(g)). Illinois regulates restraint and seclusion under 105 ILCS 5/10-20.33 (Public Act 102-0339). Physical restraint may be used only when the student poses imminent danger of serious physical harm to self or others, there is no medical contraindication, and staff applying restraint are trained (105 ILCS 5/10-20.33). Prohibited practices include prone restraint, mechanical or chemical restraint, restraints impairing breathing or communication, locked seclusion rooms, and using seclusion or restraint as discipline, punishment, convenience, or retaliation. Staff must maintain visual and audio contact with isolated students, notify parents within one business day as any incident, and report incidents to ISBE within 48 hours (105 ILCS 5/10-20.33).
What Illinois Requires
District must establish local advisory committee on behavioral interventions for students with disabilities (105 ILCS 5/14-8.05(c))
IEP team must consider positive behavioral interventions and supports when behavior impedes learning (23 IAC 226.230(b))
FBA required to identify antecedents, motivations, and contributing circumstances of target behaviors (23 IAC 226.400)
BIP must include intervention strategies, incentives, replacement behaviors, and antecedent modifications (23 IAC 226.400)
MDR required within 10 school days of disciplinary change of placement (34 CFR 300.530; 23 IAC 226.400)
If behavior is manifestation: return to placement, conduct FBA, implement/revise BIP (34 CFR 300.530(e)-(f))
45-school-day removal to interim setting for weapons, drugs, or serious bodily injury (34 CFR 300.530(g))
Physical restraint only when student poses imminent danger of serious physical harm, no medical contraindication, and trained staff apply it (105 ILCS 5/10-20.33)
Prohibited: prone restraint, mechanical/chemical restraint, locked seclusion, restraint as discipline or retaliation (105 ILCS 5/10-20.33)
Parent notification within one business day and ISBE incident report within 48 hours for restraint/seclusion events (105 ILCS 5/10-20.33)
Key Timelines
10 school days from change-of-placement decision to conduct manifestation determination (34 CFR 300.530)
45 school days maximum for interim alternative placement for weapons, drugs, or serious bodily injury (34 CFR 300.530(g))
Parent notification within one business day of restraint or seclusion incident (105 ILCS 5/10-20.33)
48 hours to report restraint/seclusion incident to ISBE (105 ILCS 5/10-20.33)
10 consecutive school days or cumulative pattern: threshold for change of placement (34 CFR 300.536)