Behavior Supports and BIPs in New York

How do behavior supports work in a New York IEP?

New York has specific regulatory requirements for behavioral supports, functional behavioral assessments (FBAs), behavioral intervention plans (BIPs), and discipline of students with disabilities, governed by 8 NYCRR Section 200.22, 8 NYCRR Section 200.4(d)(3), 8 NYCRR Part 201, and Education Law Section 3214. A functional behavioral assessment (FBA) is defined as the process of determining why a student engages in behaviors that impede learning and how the student's behavior relates to the environment (8 NYCRR Section 200.22(a)). The FBA must be based on multiple sources of data including direct observation, information from the student, teachers and related service providers, and a review of records; it may not be based solely on the student's history of presenting problem behaviors (8 NYCRR Section 200.22(a)(3)). The FBA must provide a baseline of problem behaviors with regard to frequency, duration, intensity, and/or latency across activities, settings, people, and times of the day, and must include sufficient detail to form the basis for a BIP (8 NYCRR Section 200.22(a)(3)). A behavioral intervention plan (BIP) must be based on the results of the FBA and must include descriptions of the problem behavior, global and specific hypotheses as to why the behavior occurs, and intervention strategies including positive behavioral supports (8 NYCRR Section 200.22(b)). The CSE must consider the use of positive behavioral interventions and supports, and other strategies, to address behavior for any student whose behavior impedes their learning or the learning of others (8 NYCRR Section 200.4(d)(3)(i)). An FBA and BIP are required in specific circumstances: (1) when a student's behavior impedes their learning or that of others, the CSE must consider and may recommend an FBA and BIP; (2) for disciplinary changes in placement, the CSE must conduct or review an FBA and develop or review a BIP as part of the manifestation determination process (8 NYCRR Section 201.4(d)). Regarding discipline, NY follows the federal framework with some state-specific procedures under 8 NYCRR Part 201. Short-term removals of up to 10 consecutive school days (or removals constituting a pattern not exceeding 10 cumulative school days) do not constitute a change in placement and may be made by school personnel in the same manner as for nondisabled students (8 NYCRR Section 201.7(a)). Removals exceeding 10 cumulative school days in a school year may constitute a change in placement if there is a pattern, triggering additional protections (8 NYCRR Section 201.2(e)). A manifestation determination review (MDR) must be conducted within 10 school days of any decision to change a student's placement for disciplinary reasons (8 NYCRR Section 201.4). The MDR team (parent and relevant CSE members) determines whether the behavior was caused by or had a direct and substantial relationship to the student's disability, or was the direct result of the district's failure to implement the IEP (8 NYCRR Section 201.4(a)). If the behavior is a manifestation, the student must be returned to the placement from which removed (unless parent and district agree to a change), the CSE must conduct or review the FBA and develop or modify the BIP (8 NYCRR Section 201.4(d)). A superintendent may order placement in an IAES for up to 45 school days for weapons, illegal drugs, controlled substances, or infliction of serious bodily injury (8 NYCRR Section 201.7(e)). During any removal exceeding 10 cumulative school days, the district must continue to provide services to enable progress on IEP goals and participation in the general curriculum (8 NYCRR Section 201.10).