Behavior Supports and BIPs in Washington

How do behavior supports work in a Washington IEP?

Washington requires that when a student's behavior impedes their own learning or the learning of others, the IEP team must consider positive behavioral interventions, supports, and strategies to address the behavior (WAC 392-172A-03110(1)(a)). A Behavioral Intervention Plan (BIP) is defined under WAC 392-172A-01031 and must be included in the IEP when determined necessary. Washington's WAC 392-172A-02105 requires that if a student's IEP includes emergency response protocols (e.g., procedures for managing safety crises), the district must obtain parental consent before including those protocols in the IEP. When a manifestation determination review (MDR) finds that behavior was a manifestation of the disability, the district must conduct a functional behavioral assessment and implement a BIP, or if one exists, review and modify it (WAC 392-172A-05147; 34 CFR 300.530(f)). Washington defines 'positive behavioral interventions' at WAC 392-172A-01142 and specifies that IEP teams must consider assistive technology and positive behavioral supports before more restrictive behavioral approaches. Restraint and isolation are governed separately under RCW 28A.600.485 and may never be used as planned behavioral interventions without meeting the individualized need and parental consent requirements.

What Washington Requires

When behavior impedes learning, the IEP team must consider positive behavioral interventions, supports, and strategies (WAC 392-172A-03110(1)(a); 34 CFR 300.324(a)(2)(i)).

A Behavioral Intervention Plan (BIP) must be included in the IEP when the team determines it is necessary (WAC 392-172A-01031; WAC 392-172A-03090).

If emergency response protocols are included in the IEP, parental consent is required before they are implemented (WAC 392-172A-02105; WAC 392-172A-01040).

Following a manifestation determination, the district must conduct or review an FBA and develop or revise a BIP (WAC 392-172A-05147; 34 CFR 300.530(f)).

Positive behavioral interventions are defined in WAC 392-172A-01142 and must be the primary approach before more restrictive interventions are considered.

Restraint and isolation may never serve as planned behavioral interventions in the IEP or 504 plan unless individual need is documented and parents agree (RCW 28A.600.485).

Key Timelines

When a manifestation determination finds behavior is a manifestation of the disability, the district must take immediate steps to remedy IEP deficiencies and address behavioral needs (WAC 392-172A-05147).

BIPs must be reviewed at least annually at the IEP meeting or more frequently when behavioral concerns arise (WAC 392-172A-03110(2)).

MDR must be held within 10 school days of any decision to change placement due to a code of conduct violation (WAC 392-172A-05146).

Sources

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