Behavior Intervention Plan in New Hampshire: Templates, Requirements, and When the BIP Must Be Updated

A Behavior Intervention Plan that doesn't get implemented, or that was never grounded in real assessment data, is worse than no plan at all—it creates the appearance of a system while your child's needs continue to go unaddressed. In New Hampshire, there are specific legal triggers that require an IEP team to create or revise a BIP, and specific components that separate a functional plan from a paperwork exercise.

When New Hampshire Law Requires a BIP

Under New Hampshire's Ed 1113 and Ed 1124 discipline rules, a Behavior Intervention Plan is required (or must be reviewed and revised) in these situations:

After a manifestation determination where the conduct was found to be a manifestation: If the IEP team determines that a student's behavior was caused by their disability or was a direct result of the district's failure to implement the IEP, the team must either conduct a Functional Behavior Assessment and develop a BIP, or review and revise the existing BIP. This is not optional.

When behavior is impeding the student's learning or the learning of others: Under both IDEA and New Hampshire's rules, when behavioral issues are a significant factor in a student's educational experience, the IEP team must "consider the use of positive behavioral interventions and supports and other strategies to address that behavior." This consideration should be documented in the IEP, and in serious cases, it should produce a formal BIP.

When an existing BIP is not producing results: If the current plan is not reducing the target behavior or is not producing appropriate replacement behaviors, the team has an obligation to reconvene and revise it. You can request this meeting in writing at any time.

What a Compliant BIP Must Include

1. Operational definition of the target behavior The behavior must be defined in precise, observable, measurable terms. "Aggression" is not adequate. "Student uses physical force (hitting with open or closed hand, kicking, or throwing objects) directed at peers or adults" is a definition that can be observed consistently across settings and staff.

2. Baseline data from the FBA The BIP must be based on a completed Functional Behavior Assessment. If there was no FBA, the BIP has no foundation. Baseline data should include:

• Frequency, duration, or intensity of the target behavior
• Identified antecedents (what conditions precede the behavior)
• Identified consequences (what typically follows the behavior—i.e., the function)

3. Hypothesis statement The BIP should state clearly what function the behavior is serving: "When [student] is asked to complete a non-preferred writing task in a whole-group setting, he engages in hitting to escape the demand and gain adult attention."

4. Antecedent interventions Proactive strategies that reduce the likelihood the triggering condition occurs. Examples:

• Modifying task difficulty or length
• Providing advance warning before transitions
• Creating a visual schedule
• Offering choices within structured tasks
• Seating adjustments to reduce sensory input

5. Teaching the replacement behavior The core of any good BIP: explicitly teaching a socially acceptable behavior that serves the same function. If the behavior functions as an escape from demands, the replacement behavior might be requesting a break using a communication card or a break protocol. The replacement behavior must be:

• Taught explicitly (not just described)
• Reinforced when used correctly
• Practiced in controlled settings before implementation in demanding ones

6. Reinforcement plan How, when, and by whom the replacement behavior will be reinforced. Reinforcement should be meaningful to the specific student. A generic sticker chart for a student who doesn't care about stickers is not a reinforcement plan.

7. Response procedures for when the target behavior occurs What staff do when the behavior happens. This section should prioritize de-escalation and safety. It should not consist solely of punishment or removal.

8. Crisis plan For behaviors that involve physical risk to the student or others, the BIP must include a specific crisis response protocol. In New Hampshire, the use of physical restraint is regulated under Ed 1126 and must not exceed what is necessary to prevent imminent harm. Any restraint or seclusion must be documented and reported.

9. Implementation responsibilities Which staff member is responsible for each component of the plan. Without named responsibility, the plan is a document without owners.

10. Progress monitoring How behavior data will be collected, by whom, and how often. Progress should be reviewed at IEP team meetings, and you should receive data summaries consistent with your IEP's progress reporting schedule.

Red Flags in an Inadequate BIP

A BIP produced as a compliance exercise—rather than as a genuine intervention plan—often includes:

• No baseline data or FBA reference
• Target behavior defined as "aggression" or "non-compliance" without specific observable descriptions
• Consequences only (punishments or reinforcements) without antecedent modifications or replacement behavior teaching
• Generic strategies ("provide positive reinforcement," "redirect as needed") without specificity
• No named staff responsibilities
• No data collection mechanism

When you receive a BIP that looks like this, request a meeting to revise it. Bring documentation of incidents that illustrate the patterns the BIP fails to address.

Private Behavior Support Providers

In New Hampshire SAUs that lack in-house behavioral expertise—particularly small cooperative SAUs in rural areas—the district may contract with outside behavioral consultants to develop and monitor BIPs. If your district is using a contracted provider, ask for the provider's credentials (BCBA or equivalent), the scope of their involvement in your child's case, and how often they observe your child directly versus consulting with staff remotely.

Teletherapy-based behavioral consultation is increasingly common but is not equivalent to in-person direct observation. If the BIP was developed without anyone directly observing your child in the environments where the behavior occurs, push back on the adequacy of the FBA that supports it.

The New Hampshire IEP & 504 Blueprint includes a BIP review checklist, guidance on requesting an FBA and BIP following a manifestation determination, and specific strategies for challenging inadequate behavior plans when the current approach is not reducing the target behavior.

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