Behavior Supports and BIPs in Nevada
How do behavior supports work in a Nevada IEP?
Nevada 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, consistent with 34 CFR 300.324(a)(2)(i). Nevada's NAC 388 framework emphasizes positive behavioral supports as the preferred approach before any use of restraint. Under NRS 388.501, if physical restraint is used five times on a student in one school year, the IEP team must review the IEP and include additional methods appropriate for the student — such as mentoring, training, a functional behavioral assessment, a positive behavior plan, and positive behavioral supports — to ensure the restraint does not continue. Nevada prohibits all aversive interventions (NRS 388.471), which drives a positive-first behavioral support philosophy. The IEP team must conduct a functional behavioral assessment (FBA) and develop a behavioral intervention plan (BIP) as part of the manifestation determination process for disciplinary changes of placement (34 CFR 300.530(f)).
What Nevada Requires
When behavior impedes learning, the IEP team must consider positive behavioral interventions, supports, and strategies as a required IEP consideration (NAC 388.284; 34 CFR 300.324(a)(2)(i)).
After five incidents of physical restraint in one school year, the IEP must be reviewed and must include a functional behavioral assessment, a positive behavior plan, and positive behavioral supports to prevent continued restraint (NRS 388.501).
After three incidents of physical restraint in one school year, the IEP team must convene a meeting to discuss and, if appropriate, amend the IEP to include positive behavioral supports (NRS 388.501).
All aversive interventions are prohibited in Nevada; the prohibition on aversive intervention supports a positive-first behavioral approach statewide (NRS 388.471 et seq.).
Functional behavioral assessments and behavioral intervention plans are required as part of the manifestation determination process for disciplinary changes of placement (34 CFR 300.530(f)).
Key Timelines
Three restraint incidents in one school year: IEP team must meet to discuss and potentially amend the IEP (NRS 388.501).
Five restraint incidents in one school year: IEP must be formally reviewed and must include FBA, positive behavior plan, and positive behavioral supports (NRS 388.501).
BIP must be developed or reviewed within 10 school days of a manifestation determination finding that behavior was a manifestation of the disability (34 CFR 300.530(f)).
Behavioral intervention plans must be reviewed at least annually at the IEP meeting (NAC 388.290).