Behavior Supports and BIPs in Virginia
How do behavior supports work in a Virginia IEP?
Virginia requires that when a child's behavior impedes the child's learning or the learning of others, the IEP team must consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior (8VAC20-81-110.F; 34 CFR 300.324(a)(2)(i)). While Virginia does not mandate a Functional Behavioral Assessment (FBA) or Behavioral Intervention Plan (BIP) for every student with behavioral concerns, an FBA must be conducted when a student with a disability is removed from placement for more than 10 school days and the behavior is determined to be a manifestation of the disability (8VAC20-81-160.D.3). If an FBA has already been conducted, the IEP team must review and modify the BIP as necessary to address the behavior. For manifestation determination reviews (MDRs), within 10 school days of any decision to change placement due to a violation of the student code of conduct, the parent and relevant members of the IEP team must review all relevant information to determine whether the conduct was caused by or had a direct and substantial relationship to the child's disability, or was the direct result of the LEA's failure to implement the IEP (8VAC20-81-160.D.2). If the behavior is a manifestation, the child must be returned to the prior placement unless the parent and LEA agree to a change of placement as part of the modification of the BIP. Virginia's separate restraint and seclusion regulations (8VAC20-750) also require that after a second school day in one school year on which a restraint or seclusion incident occurs, the team must convene within 10 school days to consider an FBA and BIP (8VAC20-750-80). Any revision to the IEP to add or modify behavioral supports requires parental consent under Virginia's heightened standard (8VAC20-81-170.E.1.d).
What Virginia Requires
When behavior impedes learning, the IEP team must consider positive behavioral interventions and supports (8VAC20-81-110.F; 34 CFR 300.324(a)(2)(i)).
An FBA must be conducted when a student is removed for more than 10 school days and behavior is a manifestation of the disability (8VAC20-81-160.D.3).
If an FBA exists, the BIP must be reviewed and modified to address the behavior that led to the disciplinary action (8VAC20-81-160.D.3).
Manifestation determination must occur within 10 school days of any decision to change placement (8VAC20-81-160.D.2).
After a second school day in one school year on which a restraint or seclusion incident occurs, the team must convene within 10 school days to consider FBA, BIP, additional evaluations, or disability evaluation referral (8VAC20-750-80).
Revisions to the IEP to add or modify behavioral supports require parental consent (8VAC20-81-170.E.1.d).
Key Timelines
Manifestation determination review must be held within 10 school days of the removal decision (8VAC20-81-160.D.2).
FBA must be conducted and BIP implemented when behavior is a manifestation of disability and student faces a change in placement (8VAC20-81-160.D.3).
After a second school day in one school year on which a restraint/seclusion incident occurs, team must convene within 10 school days (8VAC20-750-80).
Sources
Related IEP Guides
FBA and Behavior Plans: A Parent's Complete Guide
Learn what an FBA is, how to read a BIP, what makes a good behavior plan vs. a bad one, and when to push back on your child's behavior supports.
Your Child Isn't Misbehaving — They're in Fight or Flight
Learn why aggression in children with disabilities is often a stress response, not defiance — and what the IEP should include to actually help.
Color Cards, Point Sheets, and Daily Reports: Understanding Your Child's Behavior Tracking System
Color card systems and behavior charts: what they measure, what they miss, and the right questions to ask when data connects to your child's IEP.