Behavior Supports and BIPs in Minnesota
How do behavior supports work in a Minnesota IEP?
Minnesota requires that before using any restrictive procedures, the IEP team must conduct a functional behavioral assessment (FBA) under Minn. R. 3525.2710, subp. 3. The state's behavior intervention policy at Minn. R. 3525.0850 emphasizes positive behavioral approaches focused on skills acquisition rather than mere behavior reduction. For students with emotional or behavioral disorders (EBD), the evaluation under Minn. R. 3525.1329 must include a functional behavioral assessment as part of the eligibility determination process. When a student with a disability's behavior impedes learning, the IEP team must consider positive behavioral interventions and supports consistent with federal law (34 CFR 300.324(a)(2)(i)). Under Minn. Stat. § 125A.0942, which governs restrictive procedures, districts must provide positive behavioral supports before resorting to physical holding or seclusion, and all restrictive procedures plans must be publicly accessible. The IEP must reference any applicable requirements under Minn. Stat. § 125A.0942 (Minn. R. 3525.2810, subp. 1). Prone (face-down) restraints are explicitly prohibited in Minnesota, and seclusion is prohibited for students in grades K-3 (effective September 1, 2024).
What Minnesota Requires
Before using any restrictive procedures, the IEP team must conduct a functional behavioral assessment (FBA) (Minn. R. 3525.2710, subp. 3).
Minnesota's behavior intervention policy requires programs focused on skills acquisition rather than simply reducing behaviors, enabling the student to benefit from their IEP and function in the community (Minn. R. 3525.0850).
EBD evaluations must include standardized behavior rating scales, FBA, cognitive and achievement testing, classroom observations, parent-teacher-pupil interviews, health history review, and mental health screening (Minn. R. 3525.1329, subp. 3).
When behavior impedes learning, the IEP team must consider positive behavioral interventions, supports, and strategies (34 CFR 300.324(a)(2)(i); Minn. R. 3525.2810).
Restrictive procedures plans must be publicly accessible; any use of restrictive procedures must be documented and reported (Minn. Stat. § 125A.0942).
Prone (face-down) restraints are prohibited; seclusion is prohibited for grades K-3 (effective September 1, 2024) (Minn. Stat. § 125A.0942).
The IEP must reference applicable requirements under Minn. Stat. § 125A.0942, and the IEP team must consider less restrictive alternatives before authorizing restrictive procedures (Minn. R. 3525.2810, subp. 1; Minn. Stat. § 125A.0942).
Key Timelines
FBA must be conducted prior to any use of restrictive procedures (Minn. R. 3525.2710, subp. 3).
When two restrictive procedure incidents occur within 30 days, the district must convene an IEP meeting within 10 calendar days (Minn. Stat. § 125A.0942).
Behavioral intervention plans must be reviewed at least annually at the IEP meeting or sooner if behavioral concerns escalate (Minn. R. 3525.3100).
When a manifestation determination is required under discipline procedures, it must be completed within 10 school days (per federal baseline, 34 CFR 300.530(e)).