Delaware Behavior Intervention Plans: What an IEP Team Must Do Before Removing a Student

When a student with a disability has behaviors that interfere with their own learning or the learning of others, Delaware law requires a specific response from the IEP team — not simply removing the student from class or increasing restrictions. That response starts with understanding what is driving the behavior and developing a plan to address it.

Most Delaware parents don't know what that plan must contain, when the school is legally required to create one, or what it looks like when a Behavior Intervention Plan is inadequate. This guide covers all three.

What Is a Behavior Intervention Plan (BIP)?

A Behavior Intervention Plan is a written document developed by the IEP team that outlines strategies to address a student's challenging behaviors. Unlike discipline — which focuses on consequences — a BIP focuses on understanding the function of the behavior (what need it serves) and teaching replacement behaviors that serve the same function more appropriately.

A legally sufficient BIP includes:

• A description of the target behavior(s), defined in observable and measurable terms
• A Functional Behavioral Assessment (FBA) identifying the antecedents, consequences, and function of the behavior
• Replacement behaviors to be taught
• Proactive strategies to prevent the behavior from occurring
• Reactive strategies for when the behavior does occur
• Data collection methods to measure the effectiveness of the plan
• Roles and responsibilities — who does what, in which settings

A BIP that simply says "student will be redirected when behavior occurs" without addressing the function of the behavior is not sufficient under IDEA or Delaware regulations.

When Is a BIP Required in Delaware?

Delaware school districts are required to consider behavioral interventions and supports for any student with a disability whose behavior impedes their own learning or the learning of others. The IEP team makes this determination — but it must be triggered by behavioral data, not just by administrative convenience.

There are two specific situations where a BIP is explicitly required:

1. When a student is removed from their placement for more than 10 consecutive school days, or for a pattern of removals. At this point, a Manifestation Determination must occur, and if the behavior is a manifestation of the disability, the district must conduct (or review) an FBA and develop or revise a BIP. Delaware state complaint decisions have cited districts for failing to conduct FBAs in a timely manner after disciplinary removals.

2. When the IEP team determines that behavioral needs are affecting educational progress. This doesn't require a disciplinary incident — it should be a proactive data-driven decision at any IEP meeting where behavioral concerns are evident.

If your child is being sent home frequently, losing instructional time to behavior-related removals, or if teachers are informally managing behaviors through exclusion without an IEP-based plan, that is a red flag. A BIP should be in place before the situation escalates.

The Functional Behavioral Assessment: The Foundation of Any BIP

A BIP without an FBA is built on guesswork. The Functional Behavioral Assessment is the process of systematically gathering information about a behavior to determine its function — what the student is getting from the behavior, or what they are avoiding.

Common behavioral functions include:

• Escape or avoidance — the behavior allows the student to get out of a difficult task or overwhelming sensory environment
• Attention-seeking — the behavior produces adult or peer attention
• Access to preferred items or activities — the behavior leads to getting something the student wants
• Sensory stimulation — the behavior provides sensory input the student is seeking

Without knowing the function, behavioral interventions are likely to fail. A student who engages in disruptive behavior to escape a difficult reading task will not respond to attention-based motivators. A student seeking sensory input will not stop self-stimulatory behaviors because of a consequence-based system.

An FBA requires direct observation of the student in multiple settings — classroom, cafeteria, specials, unstructured times. Delaware Administrative Code specifically requires that autism evaluations include observations in both structured and unstructured environments. This principle applies broadly to FBAs: the behavior must be observed in the contexts where it occurs, not just in one controlled setting.

When a BIP Is Being Ignored or Is Inadequate

DDOE state complaint decisions have found LEAs in violation for failing to adhere to behavioral intervention plans — specifically for skipping scheduled breaks and rewards documented in the BIP, for failing to implement environmental modifications, and for using reactive consequences while ignoring the proactive prevention strategies.

If your child has a BIP and the school is not following it, document the specific provisions that are being skipped. Request a Prior Written Notice under 14 DE Admin. Code §926 if you've asked for changes and been denied. File a DDOE state complaint if the BIP is consistently not being implemented as written.

If your child does not have a BIP but has behavioral needs that are affecting their access to education, request one in writing. Use language like: "I am requesting that the IEP team conduct a Functional Behavioral Assessment and develop a Behavior Intervention Plan for [child's name], whose behavioral challenges are significantly interfering with their educational progress and access to instruction."

BIPs and the Least Restrictive Environment

One of the most significant implications of an inadequate BIP is improper placement. When behavioral challenges are not addressed through proactive, function-based supports, districts may use removal — shorter school days, alternative settings, suspension — as the default response. This is an LRE violation.

Delaware regulations require that removal to a more restrictive setting happen only when supplementary aids and services in the general education environment are insufficient. Behavioral supports are supplementary aids and services. A district that moves a student to a more restrictive setting without first exhausting appropriate behavioral intervention strategies is violating the LRE mandate.

If your child's placement is being changed, or if a more restrictive setting is being proposed, ask specifically what behavioral supports have been tried in the current setting, whether an FBA was conducted, and what the BIP documents about attempts to support the behavior in less restrictive settings.

What the Playbook Covers

The Delaware IEP & 504 Advocacy Playbook at /us/delaware/advocacy/ includes guidance on requesting an FBA and BIP, what to look for in evaluating whether a BIP is legally sufficient, and how to document BIP implementation failures for a DDOE state complaint. Behavioral challenges are one of the most common pressure points where Delaware districts fall short — and where a parent who knows the regulatory requirements can make a significant difference for their child.

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