Plan Management > Dashboard and Reports > Access IEP Reports > Student Services > Students with a BIP
When a student is restrained, the LEA must:
(A) provide written notification to the student ’s parent or person standing in parental relation to the student for each use of restraint that includes:
the name of the student;
the name of the district employee or volunteer or independent contractor of the district who administered the restraint;
the date of the restraint;
the time that the restraint started and ended;
the location of the restraint;
the nature of the restraint;
a description of the activity in which the student was engaged immediately preceding the use of the restraint;
the behavior of the student that prompted the restraint;
any efforts made to de-escalate the situation and any alternatives to restraint that were attempted;
if the student has a behavior improvement plan or a behavioral intervention plan, whether the plan may need to be revised as a result of the behavior that led to the restraint; and
if the student does not have a behavior improvement plan or a behavioral intervention plan, information on the procedure for the student’s parent or person standing in parental relation to the student to request an admission, review, and dismissal committee meeting to discuss the possibility of conducting a functional behavioral assessment of the student and developing a plan for the student;
(B) include in a student ’s special education eligibility school records:
a copy of the written notification provided to the student ’s parent or person standing in parental relation to the student under Paragraph (A);
information on the method by which the written notification was sent to the parent or person; and
the contact information for the parent or person to whom the district sent the notification; and
(C) if the student has a behavior improvement plan or behavioral intervention plan, document each use of time-out prompted by a behavior of the student specified in the student ’s plan, including a description of the behavior that prompted the time-out.
When any student receiving special education services (regardless of the disability) is subject to a change of placement, the ARDC must:
(A) seek consent to conduct a functional behavioral assessment of the student, if a functional behavioral assessment has never been conducted or the student ’s most recent functional behavioral assessment is more than one year old;
and
(B) review any previously conducted functional behavioral assessment of the student and any behavior improvement plan or behavioral intervention plan developed for the student based on that assessment; and
(2) as necessary:
(A) develop a behavior improvement plan or behavioral intervention plan for the student if the student does not have a plan; or
(B) if the student has a behavior improvement plan or behavioral intervention plan, revise the student ’s plan.
It’s a ‘removal’ from the ‘current educational placement’ that:
Is for more than ten consecutive school days; or
Is a ‘series of removals that constitute a PATTERN’ because:
1. The removals add up to more than 10 school days;
2. The behaviors prompting removal are substantially similar;
AND
3. Such additional factors as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another.
34 CFR 300.530(g)
School personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child's disability, if the child:
1. Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of an SEA or an LEA;
2. Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA; or
3. Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA.
Use this checklist to review any behavior improvement plans.
Within ten school days of the decision to change the student's placement, the Local Education Agency (LEA), the parent, and relevant members of the Admission, Review, and Dismissal (ARD) committee must conduct a review to determine whether the behavior of concern is a manifestation of the student's disability. The ARD committee must determine:
Was the behavior caused by, or directly and substantially related to, the student’s disability?
Was the behavior a direct result of the LEA’s failure to implement the IEP?
When analyzing the first question, the ARD committee should use the following definitions: Manifestation is an express causality or a direct and substantial relationship. In this context, scientific causality indicates that the student’s disability must specifically and directly cause the behavior; one cannot exist without the other. If scientific certainty is not attainable, then the behavior must be shown to be a direct and substantial result of the disability—meaning it is a well-documented, researched, and recognized outcome of the student's particular disability, as demonstrated by the student's historical data with that disability.
This language aims to ensure that the ARD team addresses the required two questions and that the analysis for the manifestation determination reflects the appropriate definitions of the terms in the law.