It is important that all special education teachers be aware of the rules, regulations, policies, and procedures for addressing any behavior concerns within their classrooms as mandated by the student code of conduct. It is likely that one or more students on any teacher’s caseload will at some point exhibit behaviors that are of concern, interfere with the student’s learning, or disrupt the learning environment as a whole. It is likely that all teachers will have at least one student on their caseload with a Behavior Intervention Plan, Targeted Behavior Support Plan, and/or at least one social/emotional/behavioral goal.
If a special education student exhibits consistent, frequent, or severe behaviors that are disruptive to the classroom environment, it is the special education teacher’s responsibility to address it. This may be done by directly teaching social skills within their minutes, providing in-class support, developing goals, providing accommodations and/or modifications in the IEP, or requesting a meeting with a behavior specialist to determine if an FBA (Functional Behavior Assessment) and BIP (Behavior Intervention Plan) are necessary.
After attempting to change behavior using classroom and campus-based interventions and the student is still struggling with behavior, a consultation with a behavior specialist is the next step (make sure all interventions are documented in Project Ed Triage Notes.) This consultation is requested on the student's Triage page on Project Ed. A notification is automatically sent via email, and a behavior specialist will reach out to the person completing the form looking for the best date/time to meet regarding campus concerns. This first meeting with the behavior specialist will consist of gathering data to determine the possible function of behavior and providing recommendations for immediate changes that could happen. Then the behavior specialist will determine the best next steps to assist with shaping the student's behavior. Next steps might include but are not limited to; observation, modeling, social skills support, positive reinforcement systems, intervention plans, data collection systems, requests for ARD, and FBA.
WHAT is a FBA?
A Functional Behavior Assessment is a formal (parental consent required) evaluation conducted to identify behaviors of concern and hypothesize their function
WHY do we complete a FBA?
FBAs are completed in order to develop comprehensive BIPs to provide staff with tools to respond to behaviors of concern and assist the student with the utilization of replacement behaviors
WHO gets a FBA?
FBAs are conducted for students whose ARD/504 Committees have requested it and received parental consent
WHO completes the FBA?
FBAs part of an initial or re-evaluation are completed by the assigned LSSP
Stand-alone FBAs are completed by the Behavior Specialist.
FBAs as part of an MDR will be completed by the Behavior Specialist (unless new psychological testing was requested as well)
FBAs are completed by a member of the MTSS team for students served under 504 (a Behavior Specialist may be asked to consult)
WHEN is a FBA needed?
By federal law, FBAs are required anytime an ARD/504 Committee has determined a student’s behavior is a manifestation of the identified disability
If FBA has been conducted in the last year and MD behavior is the same, only a review of the current FBA is needed. Update to BIP with any new information based on collected data and function.
Texas law further prescribes that consent for an FBA should be sought out within 10 days of a change in placement (more than 10 days of consecutive removal or a pattern of removals totaling more than 10 days) for a student with a disability served by special education regardless of whether it is a manifestation of the disability
HOW is a FBA conducted?
FBAs include information collected via interviews with staff, students, and parent/guardians
FBAs include direct student observations (at least 3 in different locations and at different times of day) to collect data related to:
Typical vs. atypical behaviors.
Frequency, duration, and intensity of identified behaviors of concern
Hypothesized function of behaviors of concern
FBAs include a review of attendance, grades, and discipline records
FBAs provide recommendations on interventions before, during, and after behaviors of concern occur
FBAs determine whether a BIP needs to be developed as a result of identified behaviors concern that interferes with learning and progress
WHERE is the FBA stored and located?
The FBA is saved in Project Ed. It can be saved under the FBA template or on a Word/Google Doc document and then uploaded as a PDF. Uploading full FBA as an attachment is recommended.
A behavior intervention plan (BIP) is a written improvement plan created for a student based on the outcome of a consultation with a behavior specialist. The BIP should identify what is maintaining or causing a challenging behavior, and will specify the actions to take to improve or replace the behavior.
Behavior Intervention Plan (BIP) FAQs
What is a behavior intervention plan?
The behavior intervention plan is a document developed to address the individual behavioral needs of any student whose behavior interferes with his/her learning or the learning of others. The BIP must include positive behavioral intervention strategies and supports.
Which students need a behavior intervention plan?
Any student whose behavior interferes with his/her learning or the learning of others, regardless of the disability category, may be considered for a BIP.
Who is responsible for developing a BIP?
The ARD/IEP committee is responsible for developing the BIP but only with direct guidance and support from the behavior specialist or school psychologist.
Who implements the BIP?
All school staff who serve the student must be notified of their responsibility for implementing the BIP.
Who is responsible for distributing the BIP?
The person designated on the BIP document is responsible for distributing the BIP.
Who is required to receive a copy of the BIP?
The parent, administrator, and all instructional staff working with the student will receive a copy of the BIP.
Can a student who is receiving itinerant instruction through any special education program have a BIP?
Yes
Must all students who have eligibility as emotionally disturbed have a BIP?
Yes, the nature of the disability implies difficulty with behaviors. When behavior interferes with the student's or others' learning, a BIP is required.
Can a student be sent home as a consequence or intervention?
Yes, however, all disciplinary removals from the school setting are to be included as part of the total 10 suspension days applicable to special education students. More than 10 days constitute a change in placement and require an ARD/IEP to address the behavior issues. The cumulative days do not start over each semester, with each disability, or with a new instructional setting. An ARD/IEP committee cannot convene an ARD/IEP meeting to excuse the 10 days.
Does in‐school suspension (ISS) count toward the 10 suspension days?
Yes, unless the student continues to receive the identical services delineated in his/her ARD/IEP, has the opportunity to progress in the general curriculum, and continues to participate with non‐disabled students to the same extent as before, the days count toward the 10 suspension days.
Not all behavior goals need to be written by behavior specialists. However, if an evidenced-based strategy is being used and it requires the student to be educated in their part of the strategy, the behavior specialist will work with the teacher on how to write that specific type of goal to include all the essential parts: Timeline, condition, behavior, mastery criteria, and proficiency. This can be accomplished in the following ways:
The behavior specialist enters a draft into Project Education (Section IV Special Education Services/Specially Designed Instruction - SPED Annual Goals.
The behavior specialist emails the case manager or the campus coordinator (depending upon the circumstances) the draft of the goal, and the case manager enters the goal into Project Education.
Final thoughts on FBAs, BIPs, and Goals for behavior: it is important to make sure that all of these are tied to the Behavioral PLAAFP! The PLAAFP is where the entire IEP begins.
When a student is in crisis that is affecting the safety of the remaining students in a classroom setting, teachers and staff must take measures to keep the other children safe. This may occur in an inclusive setting, a resource setting, or a self contained setting. The following are steps in order of least to most impactful on the learning environment, with keeping all the students in the learning environment as the main goal.
If a special education student is disrupting the inclusion environment:
Classroom teacher should call the special education inclusion teacher/staff member to come work with the student.
The special education staff member will work with the student to either stop the disruption or remove the student to a different environment until calm, following any behavior intervention plan in place for that student.
If the disruptive student refuses to leave and the other students are at risk, the inclusion teacher/staff member will signal the classroom teacher to do a room clear and call administration. The balance of the students will be taken to a designated alternative environment to keep learning going as best as possible while the disruptive student is being coached to leave the classroom environment.
Once the disruptive student is removed from the classroom that was cleared, the remaining students will be brought back into the learning environment.
Case manager will then make arrangements to talk with the classroom teacher involved to determine if a behavior plan is needed, if staff needs more training in the consistent implementation of an existing behavior plan, or if the existing behavior plan needs some adjusting.
Discipline should involve a review of the behavior plan while determining the resulting consequences for disrupting the learning environment, so make sure that all administrators have access to the student’s behavior support or intervention plans.
If a special education student is disrupting the resource environment:
Resource teachers should have a team member from special education to assist if the classroom has become too disruptive.
That special education staff member will work with the student to either stop the disruption or remove the student to a different environment until calm, following any behavior intervention plan in place for that student.
If the disruptive student refuses to leave and the other students are at risk, the inclusion teacher/staff member will signal the resource teacher to do a room clear and call administration. The balance of the students will be taken to a designated alternative environment to keep learning going as best as possible while the disruptive student is being coached to leave the classroom environment.
Once the disruptive student is removed from the classroom that was cleared, the remaining students will be brought back into the learning environment.
The case manager (if different) will then make arrangements to talk with the resource teacher involved to determine if a behavior plan is needed, if staff needs more training in the consistent implementation of an existing behavior plan, or if the existing behavior plan needs some adjusting.
If a special education student is disrupting the special education self -contained environment:
Self contained teachers should have a team member from special education to assist if the classroom has become too disruptive.
That special education staff member will work with the student to either stop the disruption or remove the student to a different environment until calm, following any behavior intervention plan in place for that student.
If the disruptive student refuses to leave and the other students are at risk, the inclusion teacher/staff member will signal the resource teacher to do a room clear and call administration. The balance of the students will be taken to a designated alternative environment to keep learning going as best as possible while the disruptive student is being coached to leave the classroom environment.
Once the disruptive student is removed from the classroom that was cleared, the remaining students will be brought back into the learning environment.
The case manager (if different) will then make arrangements to talk with the self contained unit teacher involved to determine if a behavior plan is needed, if staff needs more training in the consistent implementation of an existing behavior plan, or if the existing behavior plan needs some adjusting.
If the student is in crisis frequently:
If the student is in crisis once per week or more, monitoring by the behavior specialist will occur to look for unseen variables. The behavior specialist may also call upon other team members (diagnosticians, LSSP, other behavior specialists, instructional coach) to help with discovering confounding/extraneous variables that may be setting the student up for a crisis. Training on any new changes will then occur for all involved staff.
If the behavior plan needs adjusting, the special education case manager will request a consultation with the behavior specialist on students Triage page (see above).
From information gathered at the first consultation, the behavior plan will be tweaked, and the diagnostician will coach whether it will require a Revision ARD or an ARD Amendment to the IEP, and those steps will be followed. Training of the teachers/staff working with the student will be from the behavior specialist, instructional coach, or case manager of the special education student, depending upon the change that has been made to the behavior plan.
1. When did HB 785 go into effect?
HB 785 was signed by the Governor on June 4, 2021, and became effective immediately.
2. What does HB 785 require in relation to behavior plans for students, such as Behavior Intervention Plans or Behavior Improvement Plans (BIPs)?
HB 785 amends TEC § 29.005 and requires BIPs, which are part of a student’s individualized education program (IEP), to be reviewed annually, at minimum, and more frequently as needed or when not found effective. When reviewing the student’s BIP, the student’s admission, review, and dismissal (ARD) committee must address the safety of the student and others and changes in circumstances, including but not limited to
Placement of the student in a different educational setting;
an increase or persistence in disciplinary actions taken regarding the student for similar types of behavior;
a pattern of unexcused absences; or
an unauthorized, unsupervised departure from an educational setting.
3. When does HB 785 require ARD committees to complete Functional Behavioral Assessments (FBAs) for students?
If an FBA has never been conducted or the most recent one is more than one year old, HB 785 requires the local education agency (LEA) to seek consent from a student’s parent/guardian to conduct an FBA when an LEA takes a disciplinary action that results in a change of placement of a student serviced by special education. The LEA must seek consent by the 10th school day after the change in placement.
4. Under what circumstances must the ARD committee review and/or revise a student’s existing FBA or BIP?
When an LEA takes a disciplinary action that constitutes a change of placement under federal law, the LEA must review any previously conducted FBAs and BIPs, and, as necessary, revise them. Outside the context of a disciplinary change of placement, the LEA should review and/or revise a student’s BIP annually and more frequently, as appropriate.
5. If an LEA performs a student restraint, what must be included in the written notice to the student’s parent/guardian, and what has now changed based on HB 785?
LEAs are required to comply with the requirements for restraint and written notice in commissioner rule at 19 TAC §89.1053:
Name of the student
Date of restraint
Time restraint started and ended
Nature of restraint
Location of restraint
Name of the person who restrained the student (employee, volunteer, or independent contractor)
Description of student’s activity immediately preceding restraint
Behavior that prompted restraint
Any de-escalation efforts and alternatives to restraint that were attempted
Information documenting parent contact and notification
HB 785 adds these additional requirements:
If the student has a BIP, whether the BIP may need to be revised, given the behavior that led to the restraint
If the student does not have a BIP, the steps that the parent/guardian can take to request an ARD committee meeting to consider conducting an FBA and developing a BIP
Commissioner rule requires that the written notification be placed in the mail or otherwise provided to the parent within one school day of the use of the restraint. The rule also requires that the campus administrator or designee be notified verbally or in writing of the restraint on the day it occurs. Likewise, a good faith effort must be made to verbally notify the parent or guardian about the restraint on the day it occurs. The restraint documentation must also be filed in the student’s special education file. The restraint documentation in the student’s special education file must also include the method by which written notification was provided to the parent/guardian and the contact information used by the LEA.
6. What factors in restraint documentation should be considered in making a determination that a BIP may need to be revised as a result of the behavior that led to a restraint?
HB 785 added a requirement that BIPs be reviewed at least annually and “more frequently as appropriate.” HB 785 does not provide an exhaustive list of factors in restraint documentation to be considered in determining whether a student’s BIP may need to be revised but does indicate that changes in circumstances, such as a change in an educational setting, increase or persistence in disciplinary actions, attendance, elopement, and student safety be considered.
Additionally, LEAs should consider whether the behavior that led to the restraint is addressed in the current BIP and FBA.
Additional considerations could include but are not limited to an increased frequency or severity of the student’s behavior or new behaviors.
7. If a BIP needs revision because of a behavior that led to a restraint, can this revision be completed outside of an ARD meeting?
In making changes to the IEP after the student’s annual ARD committee meeting, the student’s parent/guardian and the LEA may agree to amend the student’s IEP as set forth in 34 CFR §300.324, to include revisions to a BIP, which is part of the student’s IEP.
Amendments to the student’s IEP must be shared with the student’s ARD committee members.
8. What are an LEA’s requirements related to time-out, and how does HB 785 amend these requirements?
The requirements for the use of time-out can generally be found at 19 TAC 89.1053(g)-(i). Under the existing rule in 19 TAC 89.1053(i), LEAs are required to include necessary documentation or data collection regarding the use of time-out, if any, and these must be addressed in the IEP or BIP. The ARD committee must use any collected data to judge the effectiveness of the intervention and provide a basis for making determinations regarding its continued use. HB 785 further requires that LEAs document each use of time-out prompted by a behavior specified in the student’s BIP. Documentation must include a description of the behavior that prompted the time-out.
9. In the case of a disciplinary change in a placement where the student’s FBA is less than one year old and the student has a BIP, can the required review of the BIP and FBA occur outside of an ARD committee meeting as long as the review is done within the 10 school days from the change of placement?
No. The student’s parent, the LEA, and relevant members of the student’s ARD committee (as determined by the parent and the LEA) must convene to conduct a manifestation determination review, which must be held within 10 school days of any change in placement for a child with a disability because of a violation of a code of student conduct. This group must meet to conduct the manifestation determination and, at the same time, review all relevant information in the student’s file, including the student’s IEP, which includes the BIP, along with previously conducted FBAs. The committee will determine whether the student’s BIP needs to be revised. If a disciplinary change of placement occurs for a student, and that student has an FBA that is less than one year old, by the 10th school day following the change of placement, the LEA must review any previously conducted FBA as well as any BIP developed for that student and, as necessary, the ARD committee must revise the BIP.
10. If the decision is made for a disciplinary change in placement and, in accordance with Texas Education Code §37.004(b-1)(1)(A), the LEA must seek consent to conduct an FBA, when must consent for the FBA be obtained? Does consent for the FBA and completion of the FBA need to occur within 10 days of disciplinary placement change?
The requirement is that consent for an FBA must be sought from the student’s parent or guardian no later than the 10th school day after the change of placement. There is no requirement that the consent be obtained and that the FBA also be completed by the 10th school day. Note, however, that by the 10th school day after the change in placement, the LEA must also review any previously conducted FBA of the student and any BIP for the student based on that assessment.
11. In the case of a disciplinary change in a placement where the student does not have a BIP and has never had an FBA conducted, what must the ARD committee do?
The ARD committee will describe the FBA process, and if the parent consents to an FBA, the ARD committee will document the parent’s consent and will discuss a timeline of completion of the FBA. Once the FBA is completed, the LEA must notify the parent of the outcomes of the FBA. The ARD committee will determine if a BIP needs to be developed based on the outcomes of the FBA and any other relevant factors.
12. In the case of a disciplinary change in a placement where the student’s most recently conducted FBA is more than a year old, what must the ARD Committee do?
The ARD committee follows the process in question 10. If the parent consents to the FBA process and the student has an existing BIP, the ARD committee will determine if the BIP needs to be revised based on the outcomes of the FBA and any other relevant factors. Amendments to the student’s IEP, which includes the BIP, must be shared with all members of the student’s ARD committee and each teacher with responsibility for educating the student.
13. Does an ARD committee need to meet to review a BIP if a student attempts to run out of the classroom or campus or engages in other behaviors that pose a safety concern?
The ARD committee is required to review a BIP, which is part of a student’s IEP, at least annually and more frequently if appropriate to address changes in the student’s circumstances that may impact the student’s behavior or to address the safety of the student or others. HB 785 provides examples of changes in circumstances that may warrant more frequent review of the BIP, such as:
The placement of the student in a different educational setting;
an increase or persistence in disciplinary actions taken regarding the student for similar types of behavioral incidents;
a pattern of unexcused absences; or
an unauthorized unsupervised departure from an educational setting.
This list is not exhaustive. HB 785 does not specify that a review is required after each instance of a behavior, such as running out of a campus or classroom, but that the behavior plan must be reviewed more than once a year, if appropriate.
Please Note: A review ARD may be needed to discuss revising the student's IEP or to request an FBA and/or behavior support, if there is a pattern of related/similar behaviors which may be escalating. Campuses do not have to wait for the 10 days "out of placement" to occur if it clear that the student's current IEP, accommodations, BIP, etc is not longer effective.