Policy – Category 5000 (Students)
BP 5007 – Positive Behavioral Interventions
After less restrictive approaches have been utilized, behavioral goals, a FBA, and a BIP might become necessary to effect change. It is imperative to remember that BIPs can be utilized with general education students and students on a 504 plan. The BIP must be a result of the gathering of information obtained from multiple sources including the parents. The FBA and BIP require an assessment plan if new information is obtained or if the observation to be conducted by the LEA constitutes an assessment or is conducted for the purpose of determining eligibility for special education and/or needs relating to a disability, including appropriate accommodations, modifications, or other special education support. Best practices suggest that the BIP be revised regularly as the needs and circumstances of the student changes.
3.2 Student Requiring a Manifestation Determination (Disciplinary Action)
When a student attains more than 10 suspensions in a school year that constitutes a change of placement, a manifestation determination must be conducted. The LEA shall determine on a case-by-case basis whether a pattern of removals of a student from his/her current educational placement for disciplinary reasons constitutes a change in placement. A change in placement shall be deemed to have occurred under any of the following circumstances: ( 34 CFR § 300.530(e)(i)(ii), 300.530(f)(1), 300.536 )
1. The removal is for more than 10 consecutive school days;
2. The student has been subjected to a series of removals that constitute a pattern because of all of the following:
a. The series of removals total more than 10 school days in a school year; b. The student’s behavior is substantially similar to his/ her behavior in previous incidents that resulted in the series of removals; and c. Additional factors, such as the length of each removal, the total amount of time the student has been removed, and the proximity of the removals to one another, indicate a change of placement. If, after the manifestation determination meeting has been conducted, the team determines that the removals (suspensions) are a manifestation of the student’s disability or disabilities, the team must either conduct a FBA, unless the LEA had conducted a FBA before the behavior that resulted in the change of placement occurred, and implement a BIP for the student, or if a BIP already has been developed, review the BIP, and modify it, as necessary, to address the behavior.
BP 5007 – Positive Behavioral Interventions
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 09/14)
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