Behavior Supports and BIPs in New Jersey
How do behavior supports work in a New Jersey IEP?
New Jersey requires that when a student's behavior impedes learning, the IEP team must consider positive behavioral interventions, supports, and strategies to address the behavior (N.J.A.C. 6A:14-3.7(c)(5); 34 CFR 300.324(a)(2)(i)). A Functional Behavioral Assessment (FBA) is required when a student with a disability's behavior significantly interferes with their learning or that of others. The FBA identifies specific problem behaviors, analyzes antecedents and consequences, and generates hypotheses about the function of the behavior. Based on the FBA, a Behavior Intervention Plan (BIP) is developed with strategies to reduce problem behaviors and increase desired behaviors. Under federal law incorporated by NJ regulation, an FBA must be conducted and a BIP developed or reviewed when a manifestation determination review (MDR) finds that the behavior was a manifestation of the disability (34 CFR 300.530(f)). New Jersey requires that districts attempt to minimize the use of physical restraints through inclusion of positive behavior supports in the student's BIP (N.J.S.A. 18A:46-13.5). The NJ DOE has published guidance documents on conducting FBAs and developing BIPs for students with disabilities.
What New Jersey Requires
When a student's behavior impedes learning, the IEP team must consider positive behavioral interventions, supports, and strategies (N.J.A.C. 6A:14-3.7(c)(5); 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 disability (34 CFR 300.530(f)).
A Behavior Intervention Plan (BIP) must be developed based on the FBA with strategies to reduce problem behaviors and increase desired behaviors.
Districts must attempt to minimize physical restraints through positive behavior supports in the BIP (N.J.S.A. 18A:46-13.5).
The BIP must be reviewed and updated as part of the IEP review process, and when behavior interventions are not effective.
NJ's restraint/seclusion statute (N.J.S.A. 18A:46-13.5) explicitly requires districts to minimize physical restraint use through inclusion of positive behavior supports in the student's BIP, creating a direct legal link between BIP quality and restraint reduction.
The NJ DOE promotes the Collaborative Problem Solving (CPS) model as a structured evidence-based approach for students whose unmet needs drive challenging behavior, particularly for students classified under Emotional Regulation Impairment (N.J.A.C. 6A:14-3.5(c)(5)).
Key Timelines
An FBA must be conducted and BIP developed or revised when a manifestation determination finds the behavior was a manifestation of the disability, promptly following the MDR (34 CFR 300.530(f)).
BIPs must be reviewed at least annually at the IEP meeting or more frequently if behavior concerns arise (N.J.A.C. 6A:14-3.7(i)).
When a disciplinary change of placement occurs, a manifestation determination must be held within 10 school days (34 CFR 300.530(e)).