Behavior Supports and BIPs in Ohio

How do behavior supports work in a Ohio IEP?

Ohio regulates behavioral supports for students with disabilities through OAC 3301-51-07 (IEP requirements), OAC 3301-51-05 (procedural safeguards and discipline), and OAC 3301-35-15 (restraint and seclusion). When a child's behavior impedes learning, the IEP team must consider the use of positive behavioral interventions, supports, and other strategies to address the behavior (OAC 3301-51-07(I)(2)(3)). A Functional Behavioral Assessment (FBA) is used to identify the function of a child's behavior and inform the development of a Behavior Intervention Plan (BIP). Ohio requires FBA and BIP consideration as part of manifestation determination proceedings and after repeated restraint or seclusion incidents. For discipline, when a student with a disability is removed from their current placement for more than 10 consecutive school days, this constitutes a change of placement triggering specific procedural requirements (OAC 3301-51-05). A manifestation determination review (MDR) must be conducted within 10 school days of the decision to change placement. The MDR team determines whether the conduct was caused by or substantially related to the child's disability, or was the direct result of the district's failure to implement the IEP (OAC 3301-51-05). If the behavior is a manifestation, the district must conduct an FBA (if not already done) and implement a BIP, and return the child to the prior placement unless the parent and district agree otherwise. For special circumstances (weapons, illegal drugs, controlled substances, serious bodily injury), the child may be placed in an interim alternative educational setting (IAES) for up to 45 school days regardless of the manifestation determination (OAC 3301-51-05). Ohio's restraint and seclusion standards (OAC 3301-35-15; ORC 3319.46) define physical restraint as physical contact that immobilizes or reduces ability to move freely, and seclusion as involuntary isolation prevented from leaving by physical restraint or barrier. After the third incident of restraint or seclusion in a school year for a student with an IEP or 504 plan, the team must meet within 10 school days to consider conducting or developing an FBA or BIP (OAC 3301-35-15). Schools must annually report restraint and seclusion data to ODE. Timeout (separation within or near classroom for self-regulation, not physically restrained or barred) is distinguished from seclusion and is not subject to the same restrictions.