Behavior Supports and BIPs in South Carolina

How do behavior supports work in a South Carolina IEP?

South Carolina follows the federal framework for behavior supports in IEPs under 34 CFR 300.324(a)(2)(i), requiring IEP teams to consider positive behavioral interventions, supports, and strategies when a child's behavior impedes the child's learning or that of others. Regulation 43-243 adopts these federal requirements. South Carolina does not have a separate state statute mandating specific behavioral intervention plan requirements beyond IDEA, but the SCDE Office of Special Education Services (OSES) provides guidance on positive behavioral supports through its Behavior Supports division, including Crisis Prevention Institute (CPI) training resources. Functional behavioral assessments (FBAs) must be conducted when a manifestation determination finds the behavior is a manifestation of the disability or when the LEA changes placement for disciplinary reasons (34 CFR 300.530(d)(1)). South Carolina state law limits classroom suspension to 10 days per offense and school removal to 30 days per year unless the student is expelled (S.C. Code Ann. §§ 59-63-220, 59-63-230). Schools cannot suspend students during the final 10 school days if credit would be lost without school board approval.

What South Carolina Requires

The IEP team must consider positive behavioral interventions and supports when a child's behavior impedes learning, and document the consideration and outcome (34 CFR 300.324(a)(2)(i); Reg. 43-243).

Behavioral support strategies and any behavioral intervention plan must be based on a functional behavioral assessment (FBA) when the behavior is a manifestation of the disability (34 CFR 300.530(d)(1)(ii)).

South Carolina state law limits classroom suspension to 10 days per offense and school removal to 30 days per year unless the student is expelled (S.C. Code Ann. §§ 59-63-220, 59-63-230).

Schools cannot suspend students during the final 10 school days if credit loss would result without school board approval (S.C. Code Ann. §§ 59-63-220, 59-63-230).

Written notice and a parent conference within 3 days of suspension are required, with appeal rights available afterward (S.C. Code Ann. §§ 59-63-220, 59-63-230).

The SCDE OSES provides guidance and CPI training resources for positive behavioral supports in schools (SCDE Behavior Supports Guidance).

Key Timelines

FBA and behavioral intervention plan must be completed within 10 school days of a decision to change placement for behavioral reasons (34 CFR 300.530(d)(1)).

Manifestation determination review must occur within 10 school days of a removal decision constituting a change of placement (34 CFR 300.530(e)).

Behavior supports must be reviewed at each annual IEP review, at minimum every 12 months (34 CFR 300.324(b)).

Parent conference within 3 days of suspension is required under state law (S.C. Code Ann. §§ 59-63-220, 59-63-230).

Sources

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