Behavior Supports and BIPs in New Hampshire
How do behavior supports work in a New Hampshire IEP?
In New Hampshire, behavior supports for students with disabilities are governed by RSA 186-C and Ed 1100 (the NH Standards for the Education of Children with Disabilities). A functional behavioral assessment (FBA) must be considered for any student whose IEP addresses behavior, and if an FBA exists, the IEP team must review it and ensure the behavior intervention plan is appropriate (RSA 186-C:7, IV; Ed 1106.01(k)). The state prohibits aversive behavioral interventions—defined as procedures that subject a child to physical or psychological harm, unsupervised confinement, or deprivation of basic necessities like food, clothing, communication, or parental contact (Ed 1102.01(m)). Behavior intervention plans must be included in the IEP and should incorporate positive behavior support strategies. The IEP team has discretion in determining what behavior data and interventions are appropriate. Parents have the right to request a functional behavioral assessment, participate in IEP meetings where behavior is discussed, and refuse proposed behavior interventions. If a parent rejects a behavior support proposal, the district must notify the state within 5 days (RSA 186-C:7, VI), and the state tracks these refusals for reporting purposes (RSA 186-C:3-a, II-a). Districts must follow IDEA discipline procedures, including manifestation determination reviews before removing a student with a disability from placement for behavior violations.
What New Hampshire Requires
If a student's IEP addresses behavior and a functional behavioral assessment exists, the IEP team must review the FBA and ensure any behavior intervention plan in the IEP is appropriate based on that assessment (RSA 186-C:7, IV; Ed 1106.01(k)).
Aversive behavioral interventions are prohibited—the school cannot use procedures involving physical or psychological harm, unsupervised confinement, or deprivation of basic needs such as food, clothing, communication, or parental contact (Ed 1102.01(m)).
If a parent rejects or partially refuses a proposed behavior intervention plan or placement change, the school district must notify the New Hampshire Department of Education within 5 instruction days (RSA 186-C:7, VI), and the state tracks these refusals.
Behavior intervention plans must be positive behavior interventions and supports incorporated into the student's IEP (Ed 1102.01(n); RSA 186-C:2, I-c).
Before removing a student with a disability from their current educational placement for behavior violations, the school must conduct a manifestation determination review and follow IDEA discipline procedures under 34 CFR 300.530-532 (RSA 186-C cited in Ed 1124.01).
Key Timelines
within 5 instruction days to notify NHED when a parent rejects or partially refuses a behavior support proposal or placement (RSA 186-C:7, VI)
FBA and behavior intervention plan review must occur when behavior is addressed in the IEP; no specific timeline stated, but must be completed as part of IEP development or revision
Manifestation determination must be completed within 10 school days of the decision to remove a student for behavior (federal IDEA requirement: 34 CFR 300.530; incorporated into NH law via Ed 1124.01)