Behavior Supports and BIPs in Washington D.C.

How do behavior supports work in a Washington D.C. IEP?

Washington D.C. requires that IEP teams consider whether a student's behavior impedes the student's learning or that of others, and if so, address positive behavioral interventions and supports (PBIS) in the IEP consistent with IDEA 34 CFR 300.324(a)(2)(i) as implemented by DC. DC code § 38-236.06 explicitly requires DC LEAs to provide professional development on functional behavioral assessments (FBAs), behavioral intervention plans (BIPs), and manifestation determination reviews consistent with IDEA. The DC Office of the State Superintendent of Education (OSSE) mandates technical assistance to LEAs to reduce exclusionary discipline, and the DC Department of Behavioral Health (DBH) provides mental health personnel in schools to assist with behavior plan development. DC's prohibition on aversive interventions—including painful stimuli, noxious sprays, electric shock, and chemical restraints used as behavioral strategies—is explicitly codified in DC Official Code § 38-2561.01 and § 38-2561.03; no DC nonpublic special education school or program may use aversive interventions. IEP teams must document behavioral supports in the IEP when behavior is a concern, and FBAs must be conducted and BIPs updated as circumstances warrant.

What Washington D.C. Requires

IEP teams must consider whether the student's behavior impedes their learning or others' and include positive behavioral interventions, strategies, and supports when behavioral concerns exist (34 CFR 300.324(a)(2)(i)).

DC explicitly prohibits aversive interventions—defined as painful stimuli, noxious sprays, electric shock, pinches, withholding basic necessities, or chemical restraints as behavioral strategies—in all DC-funded special education placements (DC Official Code § 38-2561.01; § 38-2561.03).

Functional behavioral assessments (FBAs) and behavioral intervention plans (BIPs) must be conducted when behavior warrants, and BIPs must be updated as needed when disciplinary action is taken (DC Official Code § 38-236.09; IDEA 34 CFR 300.530(d)(1)(ii)).

DC's OSSE must provide LEAs with professional development on FBAs, BIPs, and manifestation determination reviews consistent with IDEA requirements (DC Official Code § 38-236.06).

The DC Department of Behavioral Health must provide mental health personnel in DC schools to assist with developing discipline plans and addressing behavioral root causes (DC Official Code § 38-236.06).

Placements in nonpublic special education schools or programs that allow the use of aversive interventions are prohibited under DC law regardless of IEP team recommendation (DC Official Code § 38-2561.03).

Behavior supports must be individualized based on a comprehensive evaluation, not generic strategies, and must address the function of the behavior (34 CFR 300.324(a)(2)(i); OSSE IEP guidance).

Key Timelines

BIPs must be reviewed and updated when disciplinary action is taken and behavior has not improved (34 CFR 300.530(d)(1)(ii)).

FBA must be conducted without unnecessary delay when behavior warrants; OSSE guidance recommends completion within the standard evaluation timeline.

IEP with behavioral supports must be in effect at the start of each school year (34 CFR 300.323(a)).

Sources

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