Special Education Tip – Implementation Of a BIP is Not a Discretionary Task – 117 – 2019

Rochelle’s Special Education Tips

Implementation Of a BIP is Not a Discretionary Task

When a Behavior Intervention Plan (BIP) is developed, it must be implemented. No exceptions. The educators responsible for the implementation of the BIP should be keeping data (1) to prove it is being implemented and (2) to determine if the BIP is effective.

If the BIP is ineffective, hold an immediate IEP team meeting to change it, unless you have consent to change it outside of the IEP team meeting. If you have such permission, document the permission in the Prior Written Notice (PWN). Then, notify the parents of the changes.

If the BIP needs to change and the student is moving to a different placement, the IEP team may conclude that a new Functional Behavioral Assessment (FBA) should be conducted after the student is acclimated to the new placement. But document that decision in the PWN.

Rochelle’s Special Education Tips (“Tips”) Are Designed To Be Helpful And Thought Provoking, But Should Not Be Considered Legal Advice As They May Not Be Accurate For Use In All Situations. Tips Are Based On My Opinions And Positions In Accordance With Federal And Maryland Law And My Over 35 Years Of Experience In The Special Education Legal Field. – Rochelle S. Eisenberg, Esquire

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