Behavior Supports and BIPs in Nebraska
How do behavior supports work in a Nebraska IEP?
Nebraska Rule 51 requires that when a student's behavior impedes the student's own 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 (92 NAC 51-007.08; 34 CFR 300.324(a)(2)(i)). For students with disabilities suspected of having emotional disturbance or behavioral challenges, the evaluation must include functional behavioral assessment data (92 NAC 51-007.03). Nebraska's restraint and seclusion statutes (Neb. Rev. Stat. §§ 79-254 to 79-263) establish a separate legal framework for when and how physical restraint and seclusion may be used in schools. When a pattern of behavior problems exists, a formal behavioral intervention plan (BIP) should be developed and attached to the IEP. If a student is subject to disciplinary action and a manifestation determination identifies the behavior as related to the disability, the IEP team must conduct or review a functional behavioral assessment and implement a BIP, or review and modify an existing BIP (34 CFR 300.530(f)). Nebraska encourages a positive behavioral supports framework across all schools.
What Nebraska Requires
When behavior impedes learning, the IEP team must consider positive behavioral interventions, supports, and strategies as part of IEP development (92 NAC 51-007.08; 34 CFR 300.324(a)(2)(i)).
For students with behavioral needs, a functional behavioral assessment (FBA) and behavioral intervention plan (BIP) should be developed and incorporated into or attached to the IEP (92 NAC 51-007.08; 34 CFR 300.324(a)(2)(i)).
If a manifestation determination finds behavior is disability-related, the IEP team must conduct or review an FBA and develop or modify a BIP (34 CFR 300.530(f)(1)).
Nebraska's restraint and seclusion law (Neb. Rev. Stat. §§ 79-254 to 79-263) requires less restrictive behavioral interventions to be used before physical restraint or seclusion, and these must be documented in the student's BIP.
The evaluation for students suspected of emotional disturbance must include behavioral assessment data across settings (92 NAC 51-007.03; 34 CFR 300.309).
Key Timelines
BIP must be implemented prior to or concurrent with any use of restrictive procedures, consistent with Neb. Rev. Stat. § 79-256.
After a manifestation determination finding behavior is disability-related, an FBA must be conducted and a BIP implemented or modified without undue delay (34 CFR 300.530(f)(1)).
Behavioral intervention plans must be reviewed at least annually at the IEP meeting, or sooner if behavioral concerns escalate (92 NAC 51-007.09).
MDR must be completed within 10 school days when discipline constitutes a change of placement (34 CFR 300.530(e)).