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Understanding Changes in Behavior Intervention Plan (BIP) Requirements in Butte County

Learn about the changes in vocabulary, federal law (FBAs and BIPs), and state law related to behavior intervention plans. Find out when FBAs and BIPs are required and how it impacts Butte County.

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Understanding Changes in Behavior Intervention Plan (BIP) Requirements in Butte County

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  1. AB 86: What it means for Butte County

  2. Focus • Changes in vocabulary • Federal Law: FBAs and BIPs • What does this mean for us? • When are FBAs and BIPs required?

  3. Changes in State Vocabulary Before AB 86 After AB 86 Functional behavioral assessments (FBAs) Behavior that impedes a child’s learning or that of others BIPs-not specifically defined BICMs-eliminated • Functional analysis assessments (FAAs) • Serious behavioral problems • Behavioral intervention plans (BIPs)-specifically defined • Behavior Intervention Case Managers (BICMs)-required -Adapted from CDE Assembly Bill 86: Changes in State Law and Regulation Behavior Intervention Plan Stakeholders Work Group Meeting 1/21/3013

  4. Before AB 86 5 CCR 3001(g): “Behavioral intervention plan” is a written document which is developed when the individual exhibits a serious behavior problem… 5 CCR 3052(a)(3): Behavioral intervention plans shall be based upon a functional analysis assessment. -Adapted from CDE Assembly Bill 86: Changes in State Law and Regulation Behavior Intervention Plan Stakeholders Work Group Meeting 1/21/3013

  5. After AB 86 EC 56521.2(b): In the case of a child whose behavior impedes the child’s learning or that of others, the IEP team shall consider the use of positive behavioral interventions and supports and other strategies to address that behavior, consistent with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of the United States Code and associated federal regulations. -Adapted from CDE Assembly Bill 86: Changes in State Law and Regulation Behavior Intervention Plan Stakeholders Work Group Meeting 1/21/3013

  6. What Federal Law Does Not Do • Does not define the terms “behavioral intervention plan” or “functional behavior assessment”. • Does not provide specific guidance as to what types of behaviors trigger the need to develop a BIP beyond impeding learning. -Adapted from CDE Assembly Bill 86: Changes in State Law and Regulation Behavior Intervention Plan Stakeholders Work Group Meeting 1/21/3013

  7. Federal Law Also Does Not… • Specify the type of information the IEP team must consider in determining whether a student requires a BIP. • Federal law does not mandate the information that must be included in a student’s BIP. • Federal law does not specify who is qualified to conduct FBAs. -Adapted from CDE Assembly Bill 86: Changes in State Law and Regulation Behavior Intervention Plan Stakeholders Work Group Meeting 1/21/3013

  8. California Ed. Code 56320(b)(3) • Establishes that assessments of students with exceptional needs “are administered by trained and knowledgeable personnel…” -Adapted from CDE Assembly Bill 86: Changes in State Law and Regulation Behavior Intervention Plan Stakeholders Work Group Meeting 1/21/3013

  9. ● What will components of FBA consist of? ● Who is “trained and knowledgeable” to complete assessments? ● How will we ensure everyone understands legal requirements ●What will training look like? ●Will we adopt a policy of best practice? AB 86:What does this mean for us?

  10. When are FBAs and BIPS Required?Situation 1 Child with disability is removed from the current placement for more than 10 days: ●for a behavior that violated school code & ●IEP team determines behavior is a manifestation of child’s disability pursuant to a manifestation determination & ●NO FBA has been conducted previously The IEP team must conduct an FBA & implement a BIP. -Adapted from CDE Assembly Bill 86: Changes in State Law and Regulation Behavior Intervention Plan Stakeholders Work Group Meeting 1/21/3013

  11. Situation Two Same scenario as Situation One except: If a BIP has already been developed, review the BIP and modify it, as necessary, to address the behavior. [34 CFR 300.530(f)(1)] -Adapted from CDE Assembly Bill 86: Changes in State Law and Regulation Behavior Intervention Plan Stakeholders Work Group Meeting 1/21/3013

  12. Situation 3 Child with disability is removed from the current placement for more than 10 days: ●for a behavior that violated school code & ●IEP team determines behavior is NOT a manifestation of child’s, the LEA must ensure that the child receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, which are designed to address the behavior violation so that it does not recur. [34 CFR 300.530(c)(d)(ii)] -Adapted from CDE Assembly Bill 86: Changes in State Law and Regulation Behavior Intervention Plan Stakeholders Work Group Meeting 1/21/3013

  13. Guidance from CDE “It should be noted that IDEA does not provide specific guidance regarding the conduct or form of a functional behavioral assessment (FBA) as opposed to other types of assessments.” -Fred Balcom, Director Special Education Division California Department of Education

  14. Guidance from CDE “There are no unique requirements regarding the documentation of any positive behavioral interventions and supports and other strategies that are identified.” -Fred Balcom, Director Special Education Division California Department of Education

  15. Pent Forum 2014 A Brief Look at National Trends in Behavior

  16. National Trends in Behavior • Multi tiered systems of support for all • Based on universal screenings • Data based decision making based on graphed data • SST processes replaced by RTI decision making processes -Adapted from Pent Forum, 2014

  17. -Diana Browning Wright

  18. Effects of Particular InterventionsPopular Treatments that DON’T Work Treatment/Intervention Effect Size .00 -.13 to +.06 -.10 + .04 -.03 • Meeting with student • Punitive discipline • Alternative placement • Special education -Pent Forum, 2014

  19. Popular Treatments that DO WORK Treatment/Intervention Effect Size +.90 +.68 +.81 +.60 +1.00 +1.20 +1.00 • Positive Behavioral Supports • Social Skills Training • Group-Based Contingency • Token Economy • Social Emotional Learning • Formative Evaluation and Graphing + Reinforcement • Mentor-based program -PENT Forum, 2014

  20. -Universal Screening and Tiered Behavioral Systems, K. Lane, Ph.d, BCBA-D

  21. Tier 3 FBA/BIPProgress Monitoring

  22. References California Department of Education. [2013, October 21]. Behavior Intervention Stakeholder Workgroup Meeting [Webcast]. Retrieved from http://www.cde.ca.gov/sp/se/ac/bipwebcast.asp. Lane, K. “Universal Screening and Tiered Behavior Systems”. University of Kansas. PowerPoint, [2012, September 17]. Retrieved from http://www.kansasmtss.org/2012 Symposium/Lane_SessionC.pdf . PENT Open Forum [2014]. AB 86: Now What? Best practice and creating a continuum of effective responses to problem behavior.

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