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).