Behavior Supports and BIPs in North Dakota
How do behavior supports work in a North Dakota IEP?
North Dakota requires that when a student's behavior impedes their learning or the learning of others, the IEP team must consider the use of positive behavioral interventions and supports and other strategies to address that behavior (34 CFR 300.324(a)(2)(i); NDAC 67-23-01-02). The NDDPI promotes a multi-tiered systems of support (MTSS) framework for behavior, integrating positive behavioral interventions and supports (PBIS) at the school-wide, targeted, and intensive levels. A functional behavioral assessment (FBA) and behavior intervention plan (BIP) are used as part of the IEP process when behavioral concerns affect the student's ability to receive FAPE. North Dakota follows federal IDEA requirements for manifestation determinations and behavioral interventions in the context of discipline. The NDDPI has developed resources supporting trauma-informed practices and culturally responsive behavioral supports. For students with emotional disturbance or significant behavioral needs, the evaluation process and IEP must address the full range of behavioral, social, and emotional needs.
What North Dakota Requires
When a student's behavior impedes their learning or others' learning, the IEP team must consider positive behavioral interventions, supports, and strategies (34 CFR 300.324(a)(2)(i); NDAC 67-23-01-02).
A functional behavioral assessment (FBA) must be conducted when behavior contributes to a disciplinary change of placement or when the team determines behavioral assessment is warranted (34 CFR 300.530(d)(1)(ii)).
A behavior intervention plan (BIP) must be developed or reviewed following a manifestation determination when the behavior is found to be a manifestation of the disability (34 CFR 300.530(f)(1)(i)).
Behavioral supports must be based on the student's individual needs, strengths, and the results of functional behavioral assessment data (NDAC 67-23-01-02).
North Dakota's MTSS/PBIS framework provides a tiered approach to behavioral supports at the school-wide, targeted, and intensive levels, supporting prevention and early intervention before IEP-level behavioral supports are needed (NDDPI MTSS guidance).
Key Timelines
FBA must be conducted when a student is subject to a disciplinary removal that constitutes a change of placement (34 CFR 300.530(d)).
BIP must be implemented as soon as practicable following the manifestation determination (34 CFR 300.530(f)).
Behavioral intervention components of the IEP must be reviewed at least annually (NDAC 67-23-01-05).