Behavior Supports and BIPs in Pennsylvania
How do behavior supports work in a Pennsylvania IEP?
Pennsylvania has specific state regulations for positive behavior support in special education under 22 Pa. Code §14.133, which provides stronger protections than the federal IDEA minimum. The regulation mandates that behavior support programs must be based on a functional assessment of behavior and must utilize positive behavior techniques (22 Pa. Code §14.133(b)). A student with a disability whose behavior interferes with their learning or the learning of others must have a positive behavior support plan developed by the IEP team, based on a functional behavioral assessment (FBA), that becomes part of the student's IEP (22 Pa. Code §14.133(b)). The positive behavior support plan must utilize positive reinforcement and techniques to shape behavior, and must include research-based practices that increase the student's opportunity for learning and develop replacement behaviors (22 Pa. Code §14.133(b)). Pennsylvania law emphasizes that positive rather than negative measures must form the basis of behavior support programs, and all students must be free from demeaning treatment, the use of aversive techniques, and the unreasonable use of restraints (22 Pa. Code §14.133(a)). Restraints are a measure of last resort and may only be used when the student presents a clear and present danger to themselves, other students, or employees, and after less restrictive measures and de-escalation techniques have been tried (22 Pa. Code §14.133(c)). Prone restraints (holding a student face down) are categorically prohibited (22 Pa. Code §14.133(c)(3)). When a restraint is used, the LEA must notify the parent and schedule an IEP team meeting within 10 school days to consider whether a new or revised FBA and positive behavior support plan, reevaluation, or change of placement is needed (22 Pa. Code §14.133(c)(1)). For discipline, Pennsylvania provides greater protection than federal law: a disciplinary exclusion constitutes a change in placement if it exceeds 10 consecutive school days, when cumulative exclusions exceed 15 school days in a school year, or for any disciplinary exclusion of a student with intellectual disability (22 Pa. Code §14.143). The manifestation determination must be conducted within 10 school days of any decision to change placement (34 CFR §300.530(e)). If the behavior is a manifestation of the disability, the student must be returned to placement and the IEP team must conduct an FBA and implement or revise the BIP (34 CFR §300.530(f)).
What Pennsylvania Requires
Behavior support programs must be based on a functional assessment of behavior and use positive behavior techniques (22 Pa. Code §14.133(b))
Students whose behavior interferes with learning must have a positive behavior support plan based on an FBA, included in the IEP (22 Pa. Code §14.133(b))
Positive behavior support plans must include research-based practices, positive reinforcement, and replacement behaviors (22 Pa. Code §14.133(b))
Students must be free from demeaning treatment, aversive techniques, and unreasonable use of restraints (22 Pa. Code §14.133(a))
Restraints are a last resort, only permissible when the student poses a clear and present danger and less restrictive measures have failed (22 Pa. Code §14.133(c))
Prone restraints (holding a student face down) are categorically prohibited (22 Pa. Code §14.133(c)(3))
Parent must be notified after any restraint use, and IEP meeting convened within 10 school days (22 Pa. Code §14.133(c)(1))
Change in placement triggered by: more than 10 consecutive school days of exclusion (34 CFR §300.530(b)), more than 15 cumulative school days in a year (22 Pa. Code §14.143), or any disciplinary exclusion of a student with intellectual disability (22 Pa. Code §14.143)
Manifestation determination required within 10 school days of a discipline-related placement change decision (34 CFR §300.530(e))
If behavior is a manifestation of disability, student must be returned to prior placement and IEP team must conduct or revise FBA/BIP (34 CFR §300.530(f))
Key Timelines
10 school days: IEP meeting after use of restraint (22 Pa. Code §14.133(c)(1))
10 school days: manifestation determination after decision to change placement for disciplinary reasons (34 CFR §300.530(e))
More than 10 consecutive school days: exclusion threshold for change in placement (34 CFR §300.530(b))
More than 15 cumulative school days in a school year: PA threshold for change in placement (22 Pa. Code §14.143)
45 school days: maximum interim alternative educational setting for special circumstances (drugs, weapons, serious bodily injury) (34 CFR §300.530(g))