Behavior Supports and BIPs in Tennessee

How do behavior supports work in a Tennessee IEP?

Tennessee has detailed requirements for Functional Behavioral Assessments (FBA) and Behavior Intervention Plans (BIP) codified in Tenn. Comp. R. & Regs. 0520-01-09-.24. An FBA must be conducted by a group of at least three individuals knowledgeable about the student and must include systematic observation, antecedent analysis, review of educational and disciplinary records, and structured interviews (0520-01-09-.24(1),(5)). Parental consent is required before conducting an FBA (0520-01-09-.04(1)). A BIP based on FBA results must include the hypothesized function of behavior, measurable replacement behavior goals, intervention strategies, a progress monitoring plan, and a personnel training plan (0520-01-09-.24(7)). The IEP team must also consider positive behavioral interventions and supports under 0520-01-09-.12 when a student's behavior impedes learning. Tennessee's restraint and isolation rules in 0520-01-09-.23 and Tenn. Code Ann. §§ 49-10-1301 et seq. create specific triggers requiring an IEP team meeting within 10 days when restraint or isolation is used and the student's IEP does not already provide for it, or when an extended restraint (more than 5 minutes) or extended isolation (more than 1 minute per year of student's age) occurs. When a disciplinary removal constitutes a change of placement, a manifestation determination review must occur within 10 school days.

What Tennessee Requires

When a student's behavior impedes their learning or the learning of others, the IEP team must consider and address those needs through positive behavioral interventions, strategies, and supports (Tenn. Comp. R. & Regs. 0520-01-09-.12; 34 CFR 300.324(a)(2)(i)).

An FBA must be conducted by a group of at least three (3) individuals knowledgeable about the student and must include systematic observation, antecedent analysis, review of records, and structured interviews (Tenn. Comp. R. & Regs. 0520-01-09-.24(1),(5)).

Parental consent must be obtained before conducting an FBA (Tenn. Comp. R. & Regs. 0520-01-09-.04(1)).

A BIP based on FBA results must include the hypothesized function of behavior, measurable replacement behavior goals, intervention strategies, a progress monitoring plan, and a personnel training plan (Tenn. Comp. R. & Regs. 0520-01-09-.24(7)).

An FBA shall be conducted when behavior results in a change of placement determined to be a manifestation of the disability, or when an IAES placement is imposed for weapons/drugs/serious bodily injury (Tenn. Comp. R. & Regs. 0520-01-09-.24(3)).

When a disciplinary removal exceeds 10 school days, a manifestation determination must be conducted to determine whether the behavior was caused by, or had a direct and substantial relationship to, the student's disability (34 CFR 300.530(e)).

An IEP team meeting must be convened within 10 days when restraint or isolation is used outside the IEP or when extended restraint (>5 min) or extended isolation (>1 min per year of age) occurs (Tenn. Comp. R. & Regs. 0520-01-09-.23(7)-(8)).

Key Timelines

An FBA and BIP review must occur within 10 school days when behavior results in a disciplinary change of placement (34 CFR 300.530(d)(1)).

A manifestation determination review must occur within 10 school days of any decision to make a disciplinary change of placement (34 CFR 300.530(e)).

An IEP team meeting must be convened within 10 days of use of restraint or isolation if the IEP does not provide for it or an extended restraint/isolation is used (Tenn. Comp. R. & Regs. 0520-01-09-.23(7)-(8)).

BIPs must be reviewed at least annually during the IEP team meeting and revised as needed (Tenn. Comp. R. & Regs. 0520-01-09-.24(9)).

Sources

Related IEP Guides

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