Behavior Supports and BIPs in Rhode Island
How do behavior supports work in a Rhode Island IEP?
Rhode Island requires that when a student's behavior impedes the student's learning or that of others, the IEP team must consider the use of positive behavioral interventions and supports and other strategies (200-RICR-20-10-1.6(A); 34 CFR 300.324(a)(2)(i)). A functional behavioral assessment (FBA) is required before implementing a behavioral intervention plan and when disciplinary removals exceed 10 school days in a school year. Rhode Island's restraint and seclusion regulations (200-RICR-10-00-3 and R.I. Gen. Laws § 40.1-24-1 et seq.) require that restrictive behavioral interventions be used only as a last resort and following specific procedural requirements. Positive behavioral supports and proactive strategies must be the primary approach documented in the IEP. Behavioral intervention plans (BIPs) must be based on FBA data and included in the IEP when the student's behavior impedes learning.
What Rhode Island Requires
When a student's behavior impedes learning, the IEP team must consider positive behavioral interventions and supports and other strategies to address that behavior (200-RICR-20-10-1.6(A); 34 CFR 300.324(a)(2)(i)).
A functional behavioral assessment (FBA) must be conducted when disciplinary removals exceed 10 school days and when a manifestation determination is required (34 CFR 300.530(d),(f); 200-RICR-20-10-1.9).
Behavioral intervention plans (BIPs) must be based on FBA results and, when required, incorporated into the IEP (200-RICR-20-10-1.9; 34 CFR 300.530(f)(1)).
Rhode Island's restraint and seclusion regulations (200-RICR-10-00-3) prohibit prone restraint and require documentation, notification to parents, and data collection for each incident of restraint or seclusion.
Positive behavioral supports and proactive approaches must be the primary method documented in the IEP before any restrictive interventions are considered (200-RICR-10-00-3; R.I. Gen. Laws § 40.1-24-1).
Key Timelines
FBA must be conducted before implementing a BIP and within 10 school days of a disciplinary decision to change placement (34 CFR 300.530(d)(1); 200-RICR-20-10-1.9).
Manifestation determination review must occur within 10 school days of any disciplinary decision that constitutes a change of placement (34 CFR 300.530(e); 200-RICR-20-10-1.9(B)).
Parent notification of restraint or seclusion incidents must occur as soon as practicable and in writing within 24 hours (200-RICR-10-00-3).
BIPs must be reviewed at least annually at the IEP meeting or sooner when behavioral concerns escalate (200-RICR-20-10-1.6(D)).