Behavior Supports and BIPs in Texas

How do behavior supports work in a Texas IEP?

Texas requires a multi-tiered approach to behavioral support for students with disabilities, integrating positive behavioral interventions and supports (PBIS), functional behavioral assessments (FBA), behavior intervention plans (BIP), and specific discipline protections. Under 19 TAC §89.1053, school districts must use positive behavioral intervention support strategies for all students receiving special education services. The Texas Behavior Support Initiative (TBSI) is TEA's framework for implementing evidence-based behavioral practices in compliance with 19 TAC §89.1053 and TEC Chapter 37. The regulation emphasizes research-based, prevention-focused approaches that teach academic, social, and behavioral expectations with culturally appropriate practices. When a student with a disability exhibits behaviors that impede their learning or the learning of others, the ARD committee must consider the use of positive behavioral interventions and supports and other strategies to address the behavior (34 CFR 300.324(a)(2)(i); 19 TAC §89.1055). A Functional Behavioral Assessment (FBA) must be conducted when the ARD committee determines that the student's behavior impedes learning and when a manifestation determination finds the behavior is a manifestation of the disability (34 CFR 300.530(f)). Based on the FBA, a Behavior Intervention Plan (BIP) must be developed, or if one already exists, reviewed and modified as necessary (34 CFR 300.530(f)). For discipline, school personnel may remove a student with a disability for up to 10 consecutive school days without it constituting a change in placement, subject to the same procedures applied to students without disabilities (34 CFR 300.530(b)). A change in placement occurs when a student is removed for more than 10 consecutive school days, or when a series of removals constitutes a pattern totaling more than 10 school days in a school year (34 CFR 300.536). Within 10 school days of any decision to change placement due to a code of conduct violation, the LEA, parent, and relevant ARD members must conduct a manifestation determination review (MDR) to determine whether the conduct was caused by or had a direct and substantial relationship to the student's disability, or was the direct result of the LEA's failure to implement the IEP (34 CFR 300.530(e)). If the conduct is a manifestation, the student must be returned to the placement from which removed unless the parent and LEA agree to a change, and the ARD must conduct or review the FBA and BIP (34 CFR 300.530(f)). Special circumstances allow removal to an Interim Alternative Educational Setting (IAES) for up to 45 school days regardless of manifestation for weapons, illegal drugs, or serious bodily injury (34 CFR 300.530(g)). Under TEC Chapter 37, Texas establishes Disciplinary Alternative Education Programs (DAEP); any DAEP serving a student with a disability must provide services supporting the student's IEP goals (TEC §37.004).