Behavior Supports and BIPs in West Virginia
How do behavior supports work in a West Virginia IEP?
West Virginia requires that if a student's behavior impedes the student's own learning or the learning of others, the IEP team must consider, in the case of a student whose behavior impedes learning, the use of positive behavioral interventions, supports, and other strategies to address that behavior (W. Va. C.S.R. § 126-16-7.1.3.a; 34 CFR 300.324(a)(2)(i)). When the student has a Behavioral Intervention Plan (BIP), it must be developed from a Functional Behavioral Assessment (FBA) and included in or attached to the IEP. West Virginia's restraint and seclusion law (W. Va. Code § 18-5-17a) establishes procedures governing emergency use of physical restraint and seclusion and requires that schools develop positive behavioral supports as alternatives. For students who are placed in an interim alternative educational setting (IAES) due to discipline, the IEP team must conduct an FBA and develop or review a BIP within 10 school days (34 CFR 300.530(f)(1)). WVDE has adopted a Multi-Tiered System of Supports (MTSS) framework that incorporates Positive Behavioral Interventions and Supports (PBIS) as the preferred approach to addressing behavior across all tiers.
What West Virginia Requires
The IEP team must consider positive behavioral interventions, supports, and other strategies when a student's behavior impedes learning (W. Va. C.S.R. § 126-16-7.1.3.a; 34 CFR 300.324(a)(2)(i)).
A Functional Behavioral Assessment (FBA) must be conducted and a Behavioral Intervention Plan (BIP) developed or reviewed when a student is placed in an IAES due to discipline or when behavior is a manifestation of the student's disability (34 CFR 300.530(f)(1)).
Behavioral interventions must use positive approaches and may not include aversive techniques; restraint and seclusion may only be used in emergencies under strict conditions (W. Va. Code § 18-5-17a).
BIPs developed from FBAs must be based on data, address the function of the behavior, and include proactive strategies, skill instruction, and reinforcement-based consequences.
West Virginia schools are encouraged to implement PBIS across all tiers of the MTSS framework as a proactive, schoolwide approach to behavior support (WVDE MTSS framework).
Key Timelines
If a student is removed to an IAES for more than 10 school days due to discipline, the IEP team must meet within 10 school days to conduct or review an FBA and BIP (34 CFR 300.530(f)).
Manifestation determination review must be conducted within 10 school days of the decision to change placement due to a violation of the code of conduct (34 CFR 300.530(e)).
BIPs should be reviewed at each annual IEP meeting or whenever the student's behavior significantly changes (W. Va. C.S.R. § 126-16-7.3.1).