Behavior Supports and BIPs in North Carolina
How do behavior supports work in a North Carolina IEP?
North Carolina requires IEP Teams to address behavioral needs for students with disabilities through Functional Behavioral Assessments (FBAs) and Behavior Intervention Plans (BIPs) when behavior impedes the child's learning or the learning of others (34 CFR 300.324(a)(2)(i); NC 1503-5). When a student with an IEP exhibits challenging behaviors that interfere with their learning or that of others, the IEP Team must review these behaviors and consider whether the student needs a BIP. An FBA is a process used to identify the underlying causes and functions of challenging behavior through observation, record reviews, interviews, and systematic data collection. The FBA process involves: (1) identifying and defining the specific problem behavior in observable, measurable terms; (2) collecting data about the behavior through direct observation and records review; and (3) analyzing the data to determine the function of the behavior. A BIP is a written plan based on the FBA results, included as part of the IEP, that uses positive behavioral interventions and strategies to address the behavior. The BIP should be positive and focused on giving the student the skills needed to interact successfully in school, and should include proactive strategies to prevent the behavior, replacement behaviors to teach the student, and consequence strategies. Under IDEA discipline provisions, an FBA must be conducted if not already in place when a student with a disability is subject to a disciplinary change of placement — removal for more than 10 consecutive school days or a pattern of removals totaling more than 10 school days in a year that constitutes a change of placement (34 CFR 300.530(d)). Within 10 school days of the decision to change placement, the IEP Team must conduct a manifestation determination review (MDR) to determine whether the behavior was caused by or substantially related to the child's disability, or was the direct result of the LEA's failure to implement the IEP (34 CFR 300.530(e)). If the behavior is determined to be a manifestation of the disability, the child must be returned to the placement from which the child was removed, unless the parent and LEA agree to a change, and the IEP Team must conduct an FBA (if not already done) and implement or revise a BIP (34 CFR 300.530(f)). Students with IEPs have the right to receive educational services once suspended for more than 10 cumulative school days in a year (34 CFR 300.530(d)).
What North Carolina Requires
IEP Team must consider behavioral needs and whether a BIP is needed when behavior impedes learning (34 CFR 300.324(a)(2)(i); NC 1503-5)
FBA must be conducted to identify the function of challenging behavior through observation, data collection, and analysis
BIP must be positive, skills-focused, and based on FBA results, included as part of the IEP
FBA required when student has a disciplinary change of placement and no FBA is already in place (34 CFR 300.530(d))
Manifestation determination review (MDR) required within 10 school days of a disciplinary change of placement decision (34 CFR 300.530(e))
If behavior is a manifestation of disability, child must be returned to prior placement (unless parent and LEA agree otherwise) and FBA/BIP must be conducted or revised (34 CFR 300.530(f))
Students suspended more than 10 cumulative school days in a year have the right to continued educational services (34 CFR 300.530(d))
Key Timelines
10 school days: MDR must be conducted within 10 school days of a disciplinary change of placement decision (34 CFR 300.530(e))
10 cumulative school days: after this threshold in a year, educational services must be provided during further removals (34 CFR 300.530(d))
FBA and BIP must be reviewed and updated as part of the annual IEP review or more frequently as needed (34 CFR 300.324(b)(1))