Behavioral Intervention Plans: A Legal Analysis of Procedural and Substantive Issues

To assure meaningful and beneficial educational progress for students with disabilities, the U.S. Individuals with Disabilities Education Act (IDEA) requires that Individualized Education Program (IEP) teams “shall—in the case of a child whose behavior impedes the child’s learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior” [20 U.S.C. § 1414(d)(3)(B)(i)]. IEP teams have responded to this requirement through the development of a Behavior Intervention Plan (BIP), which describes the positive behavioral supports (PBS) to address student behavior. Since neither the IDEA statute nor regulations provide guidance concerning the procedural or substantive components of such a plan, BIPs vary significantly across U.S. states, contributing to discrepant practices in schools. Further, the development and implementation of BIPs has become a highly litigious issue in special education. For this study, a qualitative, interpretive content analysis of case law was conducted to identify the procedural and substantive requirements for BIPs. Confirming and expanding the results of a previous legal analysis, five themes were established. Implications for IEP teams involved with the development and implementation of BIPs are discussed and recommendations for practice offered.