Behavior Supports and BIPs in New Mexico
How do behavior supports work in a New Mexico IEP?
New Mexico requires a proactive, multi-tiered approach to behavior supports for students with disabilities, grounded in positive behavioral interventions and supports (PBIS) as mandated by IDEA and reinforced by NMAC 6.31.2. When a student's behavior impedes their learning or the learning of others, the IEP team must consider — and if appropriate include — positive behavioral interventions, supports, and strategies in the IEP (34 CFR 300.324(a)(2)(i); 6.31.2.11 NMAC). For students with autism spectrum disorder, the IEP team must specifically consider positive behavior supports as one of the eleven required ASD strategy areas (6.31.2.11 NMAC). Functional Behavioral Assessments (FBAs) may be conducted at any time the IEP team determines appropriate, and must be conducted when a student's behavior results in a disciplinary change of placement (34 CFR 300.530(d); 6.31.2.11 NMAC). NMPED has published FBA guidance documents and the district-level "Addressing Student Behavior" resource for all educators. A Behavioral Intervention Plan (BIP) developed from the FBA coordinates evidence-based interventions, logical consequences, and proactive strategies aimed at addressing the root function of behavior. New Mexico's NMAC 6.12.6 requires every district and charter school to have a Wellness Policy with a plan addressing the behavioral health needs of all students. The Expanding Opportunities Project (EOP), an NMPED initiative, supports school-based mental health providers in high-need schools, which intersects with behavioral support planning for students with IEPs. IEP prescriptions and prohibitions regarding discipline must be followed by school administrators, with the exception that an IEP team may not prohibit initiation of long-term suspension or expulsion proceedings (6.31.2.11 NMAC).
What New Mexico Requires
When behavior impedes learning, the IEP team must consider and document positive behavioral interventions, supports, and strategies in the IEP (34 CFR 300.324(a)(2)(i); 6.31.2.11 NMAC).
For students with ASD, positive behavior supports must be explicitly considered as part of the eleven mandated ASD strategy areas (6.31.2.11 NMAC).
An FBA must be conducted when a disciplinary change of placement occurs; the IEP team may also conduct an FBA at any other time deemed appropriate (34 CFR 300.530(d)).
IEP teams may prescribe or prohibit specific disciplinary measures for individual students; school administrators must adhere to these IEP provisions (6.31.2.11 NMAC).
Every New Mexico district and charter school must have a Wellness Policy addressing the behavioral health needs of all students (NMAC 6.12.6).
Key Timelines
When a student with a disability is subject to a disciplinary change of placement, an FBA must be conducted within 10 school days and a BIP developed or reviewed (34 CFR 300.530(d)).
Behavioral supports must be reviewed at the annual IEP meeting and revised based on data (34 CFR 300.324(b)).