Behavior Supports and BIPs in Maryland
How do behavior supports work in a Maryland IEP?
Maryland requires that when a child's behavior impedes the child's learning or that of others, the IEP team must consider the use of positive behavioral interventions and supports and other strategies to address the behavior (COMAR 13A.05.01.08A; 34 CFR 300.324(a)(2)(i)). A Functional Behavioral Assessment (FBA) is the foundation for developing effective behavioral interventions. The FBA identifies specific problem behaviors, analyzes antecedents and consequences, and generates hypotheses about the function of the behavior. Based on the FBA, a Behavior Intervention Plan (BIP) is developed with positive strategies to reduce problem behaviors and teach replacement behaviors. Maryland requires that an FBA be conducted and a BIP be developed or reviewed when a manifestation determination review (MDR) finds that the behavior was a manifestation of the disability (34 CFR 300.530(f)). Maryland's MSDE has developed a tiered system of supports framework (MTSS — Multi-Tiered System of Supports) that integrates positive behavioral supports across all tiers. Under COMAR 13A.08.04, Maryland regulates the use of physical restraint and seclusion as behavioral interventions (see restraint_seclusion topic). Maryland LEAs are encouraged to implement Positive Behavioral Interventions and Supports (PBIS) frameworks schoolwide, with individualized BIPs for students with more intensive behavioral needs.
What Maryland Requires
When a child's behavior impedes learning, the IEP team must consider positive behavioral interventions, supports, and strategies (COMAR 13A.05.01.08A; 34 CFR 300.324(a)(2)(i)).
A Functional Behavioral Assessment (FBA) must be conducted when behavior significantly interferes with learning and when a manifestation determination finds behavior is a manifestation of the disability (34 CFR 300.530(f)).
A Behavior Intervention Plan (BIP) must be developed based on the FBA, using positive behavioral strategies.
BIPs must include positive behavioral supports and must be reviewed and updated as part of the IEP review process and when interventions are not effective (COMAR 13A.05.01.08B; 34 CFR 300.324(b)).
Maryland's MTSS framework integrates behavioral supports across all tiers, with individualized BIPs for intensive needs (COMAR 13A.05.01.08A).
Key Timelines
An FBA must be conducted within 10 school days of a manifestation determination finding behavior was related to the disability (34 CFR 300.530(f)).
BIPs must be reviewed at least annually at the IEP meeting or more frequently if behavior concerns arise (COMAR 13A.05.01.08B).
When a disciplinary change of placement occurs, a manifestation determination must be held within 10 school days (34 CFR 300.530(e)).