Behavior Supports and BIPs in Wisconsin
How do behavior supports work in a Wisconsin IEP?
Wisconsin follows the federal IDEA baseline for behavioral supports: when a student's behavior impedes their learning or that of others, the IEP team must consider positive behavioral interventions, supports, and strategies (34 CFR 300.324(a)(2)(i); Wis. Stat. § 115.787(3)(b)). For students identified with Emotional Behavioral Disability (EBD) under Wis. Admin. Code PI 11.36(7), the evaluation must include evidence-based positive behavioral intervention data, systematic observations across multiple settings, and behavior rating scales from at least two school sources and one home/community source — directly reflecting Wisconsin's unique multi-setting EBD eligibility standard. A Functional Behavioral Assessment (FBA) must be conducted and a Behavior Intervention Plan (BIP) developed or reviewed when a manifestation determination finds behavior is caused by or substantially related to the disability (34 CFR 300.530(f)). Separately, Wisconsin's restraint and seclusion law (Wis. Stat. § 118.305) prohibits certain restrictive physical interventions and establishes safeguards when emergency behavioral interventions are used. Wisconsin DPI provides extensive guidance and training on evidence-based practices for EBD students, emphasizing a multi-tiered system of supports (MTSS) framework.
What Wisconsin Requires
When behavior impedes learning, the IEP team must consider positive behavioral interventions, supports, and strategies (34 CFR 300.324(a)(2)(i); Wis. Stat. § 115.787(3)(b)).
For EBD eligibility evaluation, evidence must include systematic behavioral observations across at least three settings (academic school, non-academic school, and home/community), behavior rating scales from multiple sources, and for sudden-onset EBD, a diagnosis by a licensed mental health professional (Wis. Admin. Code PI 11.36(7)).
An FBA must be conducted and a BIP developed or revised when a manifestation determination finds the behavior was caused by or substantially related to the disability (34 CFR 300.530(f)).
The BIP must be reviewed and updated at the IEP meeting and whenever behavioral interventions are not producing adequate progress.
Wisconsin DPI emphasizes multi-tiered systems of supports (MTSS) with evidence-based interventions at all tiers before and during special education referral (Wis. Admin. Code PI 11.36(6)-(7)).
Key Timelines
FBA must be conducted within the timeframe directed by the IEP team following a manifestation determination, consistent with 34 CFR 300.530(f).
MDR must be held within 10 school days of any disciplinary decision that constitutes a change of placement (34 CFR 300.530(e)).
BIPs must be reviewed at least annually at the IEP meeting or more frequently when behavioral concerns arise or interventions are not effective.