Behavior Supports and BIPs in Maine
How do behavior supports work in a Maine IEP?
Maine's MUSER Chapter 101 requires that when a student's behavior impedes their learning or the learning of others, the IEP team must consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior (MUSER Ch. 101 § VIII(2)(d); 34 CFR 300.324(a)(2)(i)). Maine requires a functional behavioral assessment (FBA) and the development of a behavioral intervention plan (BIP) in the context of manifestation determination reviews following disciplinary removals. Maine's restraint and seclusion law (20-A M.R.S. § 4502-A and related regulations) requires that behavioral supports be provided as the primary approach, with physical restraint and seclusion limited to emergency situations. For students with disabilities whose behavior is a significant concern, the evaluation must include behavioral components; for students being evaluated for emotional disabilities, a functional behavioral assessment is a required evaluation component under MUSER Ch. 101 § VII(5). Maine has also developed a Multi-Tiered System of Supports (MTSS) framework that SAUs are encouraged to implement for all students, with special education services as the most intensive tier.
What Maine Requires
When behavior impedes learning, the IEP team must consider positive behavioral interventions, supports, and strategies — this consideration must be documented (MUSER Ch. 101 § VIII(2)(d); 34 CFR 300.324(a)(2)(i)).
A functional behavioral assessment (FBA) and behavioral intervention plan (BIP) must be conducted/developed or reviewed when a manifestation determination concludes the behavior is related to the disability (MUSER Ch. 101 § XII(3)(d); 34 CFR 300.530(f)).
Evaluations for students suspected of having an emotional disability must include behavioral assessment components (MUSER Ch. 101 § VII(5)).
Positive behavioral supports must be the primary approach; physical restraint and seclusion are limited to genuine emergencies (20-A M.R.S. § 4502-A).
BIPs must be included in the IEP when the team determines behavioral interventions are necessary for the student to access FAPE (MUSER Ch. 101 § VIII).
Maine SAUs are encouraged to implement MTSS frameworks for early identification and intervention before special education referral (Maine DOE MTSS guidance).
Key Timelines
FBA/BIP must be conducted or reviewed within 10 school days of a manifestation determination finding the behavior is disability-related (MUSER Ch. 101 § XII(3)(d); 34 CFR 300.530(f)).
BIPs must be reviewed at least annually at the IEP meeting or sooner if behavioral concerns escalate (MUSER Ch. 101 § VIII(5)).
When a manifestation determination is required, it must be completed within 10 school days of the disciplinary decision (34 CFR 300.530(e)).