Behavior Supports and BIPs in Kentucky
How do behavior supports work in a Kentucky IEP?
When a student's behavior impedes their learning or the learning of others, the ARC must consider positive behavioral intervention strategies and supports as part of IEP development (707 KAR 1:320, Section 5(2)(a)). This consideration is mandatory when behavior is identified as an area of need. A Functional Behavioral Assessment (FBA) and Behavior Intervention Plan (BIP) are standard tools used in Kentucky when behavioral concerns warrant. When a student with a disability is removed for disciplinary reasons, and if the behavior is a manifestation of the disability, the ARC must conduct an FBA and provide behavioral intervention services and modifications designed to address the behavior so it does not recur (707 KAR 1:340, Section 15). The manifestation determination must occur within 10 school days of a disciplinary change in placement (707 KAR 1:340, Section 14(1)). Under 704 KAR 7:160, if a parent or emancipated youth requests a debriefing session after a restraint or seclusion incident, it must occur within 5 school days of the request; IEP/504 team members may be included where applicable. Kentucky operates a statewide PBIS (Positive Behavioral Interventions and Supports) initiative, and LEAs are expected to implement tiered behavioral supports aligned with multi-tiered systems of support.
What Kentucky Requires
When a student's behavior impedes their learning or others' learning, the ARC must consider positive behavioral intervention strategies and supports in the IEP (707 KAR 1:320, Section 5(2)(a)).
If the behavior is determined to be a manifestation of the disability following a disciplinary change in placement, the ARC must conduct an FBA and implement a BIP to address the behavior (707 KAR 1:340, Section 15).
The manifestation determination meeting must occur within 10 school days of any decision to change placement for disciplinary reasons (707 KAR 1:340, Section 14(1)).
If a parent or emancipated youth requests a debriefing session after a restraint or seclusion incident, it must occur within 5 school days of the request. Appropriate supervisory and administrative personnel conduct the session, which may include IEP/504 team members to evaluate whether supports were implemented with fidelity (704 KAR 7:160).
Students without current IEP or Section 504 eligibility who are restrained or secluded should be evaluated for eligibility consideration; the LEA must either refer for IDEA/504 evaluation or document the basis for declining to refer (704 KAR 7:160).
Kentucky's statewide PBIS framework supports tiered behavioral interventions and is an expected component of LEA support systems.
Key Timelines
Manifestation determination must occur within 10 school days of a disciplinary change in placement (707 KAR 1:340, Section 14(1)).
If requested by the parent or emancipated youth, a debriefing session must occur within 5 school days of the request; IEP/504 team members may be included (704 KAR 7:160, Section 5(7)).
FBA must be conducted as part of manifestation determination when behavior is the basis for disciplinary change in placement (707 KAR 1:340, Section 15).