Behavior that impedes learning: when the IEP must address it
By the IEP Atlas editorial teamLast updated
Short answer
When a student's behavior impedes their own learning or the learning of others, IDEA requires the IEP team to consider positive behavioral interventions and supports and other strategies to address it. That usually means behavior data in present levels, a goal for a replacement skill, supports or a BIP, and services. The duty applies whatever the student's eligibility category.
Most IEP forms have a checkbox near the front: "Does the student's behavior impede his or her learning or that of others?" Many teams tick "no" out of habit, or tick "yes" and then write nothing else. Both cause trouble later. The box is the door to a legal duty, and what the team writes after it matters more than the tick.
This page explains the rule, follows one fictional student through a year, and flags where state rules add to the federal floor. For the full FBA and behavior plan process, start with the FBA and BIP guide.
What the regulation says
IDEA lists a few special factors the IEP team must consider for every student. One is behavior. In the case of a child whose behavior impedes the child's learning or that of others, the team must consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior.[1]
Three points in that sentence matter in practice.
- "Impedes" is not defined. The regulation does not set a threshold such as a number of referrals. Teams decide from data.
- "Or that of others" counts. A student who is passing every class but disrupts peers' learning still triggers the duty.
- "Consider" means real consideration. The team does not have to adopt every strategy, but it has to look at the behavior and decide, on the record, how the IEP will address it.
The IEP itself must include a statement of present levels, measurable annual goals, and the special education, related services and supports the student will receive.[2] When behavior is part of the need, each of those sections should show it.
Scenario: one student across a school year
The student, school and numbers are fictional.
September 8. Dani is a 7th grader with an IEP for a specific learning disability in written expression. Her IEP has writing goals and no behavior content. The behavior box says "no."
October 3. The English teacher reports that Dani puts her head down and refuses to write during most independent writing time. Her ELA grade is 52%. She has had 4 office referrals for "defiance," all in English or social studies.
October 6 to 17. The case manager collects data. During 10 English classes, Dani refused to start writing in 8. When she started, her median time to begin was 11 minutes in a 50-minute class. In math and PE, the team recorded no refusals.
October 21. The team meets to amend the IEP. It checks "yes" on the behavior factor and writes what the data show: refusal is tied to writing demands and costs her most of the writing time. The team agrees to an FBA, and the parent signs consent.
November 14. The FBA finds that refusal works to escape writing tasks she sees as too hard, especially when peers can see her work. The team writes a BIP: chunked writing tasks, speech-to-text for first drafts, and a private signal to ask for a starter sentence.
November 18. The IEP gets a new goal: "During independent writing in ELA, Dani will begin the task within 3 minutes of directions, using a starter or speech-to-text if needed, in 8 of 10 observed classes across 4 weeks, measured by latency recording." The BIP is attached and listed under supports.
February 2. Latency data show a median start time of 2 minutes over the last 4 weeks. Office referrals: 0 since December. The team keeps the plan and starts fading the starter sentences.
The duty did not start with a referral count. It started the moment the team had information that behavior was getting in the way of learning, and the data made the IEP changes specific. For Dani's goal wording, see latency recording examples and the behavior IEP goal examples.
What "address it in the IEP" looks like
When the box is checked "yes," each section of the IEP should carry part of the answer.
| IEP section | What it should show | Example from Dani's IEP |
|---|---|---|
| Present levels | The behavior in numbers, when it happens, and its effect | Refused to start writing in 8 of 10 English classes; median start 11 minutes |
| Special factors | Yes, with a sentence on how the IEP addresses it | Addressed through FBA, BIP, goal and accommodations |
| Annual goals | A replacement or skill goal, measured like the baseline | Begin writing within 3 minutes in 8 of 10 classes |
| Accommodations | Supports that prevent the trigger | Chunked tasks, speech-to-text for drafts |
| Supplementary aids, services | Staff supports, a BIP, consultation | BIP attached; monthly consult with school psychologist |
| Progress reporting | How and when the goal is reported | Latency data, reported with report cards |
For present levels wording, see present levels for behavior. For supports that belong in the accommodations page, see the behavioral accommodations list.
Rules at a glance, and where states differ
| Rule | Federal floor | Where states differ |
|---|---|---|
| Consider positive behavior supports when behavior impedes learning | Required for the IEP team[1] | Some states require written documentation of the decision on a specific form |
| FBA before a BIP | Not required by IDEA outside discipline | Several states require an FBA before any BIP, and set timelines |
| FBA and BIP after a manifestation finding | Required, unless already done; review an existing BIP[3] | Some states set day limits for completing the FBA |
| Removals that change placement | More than 10 consecutive school days, or a pattern of removals[4] | States and districts define how they track partial days |
| Parent consent for an FBA | Treated as an evaluation in many places | States differ on whether an FBA alone needs consent |
| Restraint and seclusion | No single federal rule in IDEA | Most states regulate use, notification and reporting |
| Behavior plan as part of the IEP | Not specified | Some states require the BIP to be attached to the IEP |
Check your state's special education regulations and your district's procedures for the details in the right column. A state rule can add to the federal duty but cannot reduce it.
The link to discipline
Teams that address behavior early rarely face the hardest discipline decisions. When removals pile up, IDEA's discipline protections apply, including the manifestation determination. If the behavior is found to be a manifestation of the disability, the team must conduct an FBA and put a BIP in place, or review the existing one.[3] The explainer on manifestation determinations covers that process.
An IEP that already names the behavior, has data and includes a plan puts the team in a better position at that meeting. It shows what was tried and what changed.
Signs the IEP is not addressing behavior yet
- The behavior box says "yes," but no goal, support or plan mentions behavior.
- Present levels say "struggles with behavior" with no numbers.
- The only response listed is a consequence, such as loss of recess or detention.
- Office referrals are rising and the IEP has not been reviewed.
- The plan was written two years ago and nobody has data on it.
When you see one of these, collect a week or two of data and call a meeting. IDEA requires the team to review and revise the IEP as needed to address lack of expected progress and other matters.[1] The guide on when a BIP is not working covers the review when a plan already exists.
Goals and templates
The goal should target what the student will do instead, not just what they will stop. Use the behavior IEP goals hub, the classroom expectations goals, and the replacement behavior goals for wording. For goals that avoid "compliance" as the target, see behavior goals without compliance. Count or time the behavior with the frequency data sheet or the matching sheet from frequency recording.
The Center on PBIS has guidance on supporting students with disabilities within a tiered framework.[5]
Frequently asked questions
Does a student need an emotional disturbance label for the IEP to address behavior?
No. The behavior special factor applies to any student with an IEP whose behavior impedes learning, whatever the eligibility category. A student with a learning disability, autism or a health impairment can have behavior goals and a behavior plan.
Does behavior that impedes learning require an FBA?
IDEA requires the team to consider positive behavioral supports, not to run an FBA in every case. An FBA is required after certain discipline decisions. Some states require an FBA before any behavior plan, so check your state rules.
What counts as impeding the learning of others?
Behavior that regularly takes instruction time or attention away from classmates, such as frequent loud disruptions or aggression. Teams should describe it with data, like minutes of instruction lost per day, rather than a general statement.
Can parents ask the team to address behavior in the IEP?
Yes. Parents are IEP team members and can ask for a meeting to discuss behavior, request an FBA in writing, and ask for goals or supports. The school must respond under its procedures, which vary by state.
Use it in IEP Atlas
- Behavior IEP goals
- Classroom expectations goals
- Frequency recording measurement guide
- Frequency data sheet
- Special factors in the IEP glossary
Related guides
- FBA and BIP: a practical guide for IEP teams
- Behavior IEP goal examples with data methods
- Behavior goals without "compliance"
- When a BIP is not working
- What is a manifestation determination?
- Behavior scatterplot template
Sources
- 34 CFR §300.324: Development, review, and revision of IEP, Legal Information Institute, Cornell Law School
- 34 CFR §300.320: Definition of individualized education program, Legal Information Institute, Cornell Law School
- 34 CFR §300.530: Authority of school personnel, U.S. Department of Education (IDEA website)
- 34 CFR §300.536: Change of placement because of disciplinary removals, U.S. Department of Education (IDEA website)
- Students with Disabilities, Center on Positive Behavioral Interventions and Supports
Written and checked by the IEP Atlas editorial team under our editorial policy. This guide describes general practice and federal rules. It is not legal advice; your state may add requirements, and the IEP team makes the decisions for each student.