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, supports, and other strategies to address the behavior (COMAR 13A.05.01.08(A); 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, consequences, and setting events, and generates hypotheses about the function of the behavior (e.g., escape, attention, sensory, tangible). Based on the FBA, a Behavior Intervention Plan (BIP) is developed with positive strategies to reduce problem behaviors, teach functionally equivalent replacement behaviors, and reinforce desired 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)). Under Maryland's Positive Behavioral Interventions and Supports (PBIS) framework, MSDE has implemented a statewide Multi-Tiered System of Supports (MTSS) that integrates academic and behavioral supports across three tiers: Tier 1 (universal schoolwide), Tier 2 (targeted group), and Tier 3 (intensive individual, including FBA/BIP for students with disabilities). Maryland's restraint and seclusion regulations (COMAR 13A.08.04; Md. Code Ann., Ed. §§ 7-1101–7-1107) prohibit seclusion entirely and limit physical restraint to emergency situations as a last resort (see restraint_seclusion topic). The BIP must include positive behavioral supports, must be based on FBA data, and must be reviewed and updated as part of the IEP review process and whenever interventions are not effective (COMAR 13A.05.01.08(B); 34 CFR 300.324(b)). Maryland MSDE provides technical assistance to LEAs on PBIS implementation and FBA/BIP development through the Maryland PBIS initiative, which includes training, coaching, and outcome data collection.
What Maryland Requires
When a child's behavior impedes learning, the IEP team must consider positive behavioral interventions, supports, and strategies (COMAR 13A.05.01.08(A); 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); COMAR 13A.05.01.08(A)).
A Behavior Intervention Plan (BIP) must be developed based on the FBA, using positive behavioral strategies including functionally equivalent replacement behaviors and reinforcement of desired behaviors (COMAR 13A.05.01.08(A)).
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.05.01.08(B); 34 CFR 300.324(b)).
Maryland's statewide MTSS/PBIS framework integrates behavioral supports across Tier 1 (universal), Tier 2 (targeted), and Tier 3 (intensive/individual FBA-BIP) (COMAR 13A.05.01.08(A); MSDE PBIS initiative).
Seclusion is prohibited; physical restraint is limited to emergency situations as a last resort (COMAR 13A.08.04; Md. Code Ann., Ed. §§ 7-1101–7-1107).
MSDE provides statewide PBIS technical assistance including training, coaching, and outcome data collection for LEAs (MSDE Maryland PBIS initiative).
Key Timelines
An FBA must be conducted within 10 school days of a manifestation determination finding that 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 or interventions are ineffective (COMAR 13A.05.01.08(B)).
When a disciplinary change of placement occurs, a manifestation determination must be held within 10 school days of the decision (34 CFR 300.530(e)).
If restraint is used and the IEP/BIP does not include it, the IEP team must convene within 10 business days to review the BIP (COMAR 13A.08.04).
Sources
Related IEP Guides
FBA and Behavior Plans: A Parent's Complete Guide
Learn what an FBA is, how to read a BIP, what makes a good behavior plan vs. a bad one, and when to push back on your child's behavior supports.
Your Child Isn't Misbehaving — They're in Fight or Flight
Learn why aggression in children with disabilities is often a stress response, not defiance — and what the IEP should include to actually help.
Color Cards, Point Sheets, and Daily Reports: Understanding Your Child's Behavior Tracking System
Color card systems and behavior charts: what they measure, what they miss, and the right questions to ask when data connects to your child's IEP.