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PBIS tiers and the IEP

By the IEP Atlas editorial teamLast updated

Short answer

PBIS tiers are levels of behavior support for all students: Tier 1 schoolwide, Tier 2 small-group, Tier 3 individualized. An IEP is a separate legal plan for a student with a disability. A student with an IEP takes part in every tier they need, and the IEP adds specially designed instruction on top. Tiers can never be used to delay a special education evaluation.

Teachers often hear two questions in the same week. "Should this student move to Tier 2?" and "Should we refer for an IEP?" They sound like steps on one ladder. They are not. PBIS is a framework the whole school runs. The IEP is a plan written for one student under IDEA. The two overlap, and a student can be in both at once.

This page explains how they fit, follows one fictional student through the tiers, and flags where state and district rules differ. For the behavior assessment and plan that often sit at Tier 3, see the FBA and BIP guide.

The three tiers in one table

TierWho gets itWhat it looks likeTypical data
Tier 1Every student3 to 5 schoolwide expectations, taught and practiced; praise and acknowledgment; consistent responses to minor behaviorOffice referrals, attendance, classroom counts
Tier 2Small groups of students who need moreCheck-in/check-out, social skills groups, structured breaksDaily point cards, percent of points earned
Tier 3Individual students with intensive needsFBA, individualized behavior plan, wraparound with family and outside providersFrequency, duration or latency of target behavior

The Center on PBIS describes Tier 1 as the foundation for all students, Tier 2 as targeted support for groups, and Tier 3 as intensive, individualized support.[1][2][3]

Where the IEP fits

The IEP is not "Tier 4." It is a legal document that sits beside the tiers. A student with an IEP is still a member of the school and gets Tier 1 like everyone else. They may also need Tier 2 or Tier 3 supports. What the IEP adds is specially designed instruction, related services and legal protections.

QuestionPBIS tiersIEP
Legal basisSchool or district frameworkIDEA and state special education law
Who qualifiesAny student, based on dataA student found eligible with a disability who needs special education
Who decidesSchool team using data rulesIEP team, including parents
Parent consentUsually not required for Tier 1 or 2Required for evaluation and initial services
What it guaranteesAccess to tiered supportsFree appropriate public education, services, procedural safeguards
Where documentedTier 2 or 3 intervention recordsThe IEP, with goals and services

When behavior impedes a student's learning or the learning of others, the IEP team must consider positive behavioral interventions and supports.[5] That is where the two systems meet. Tier 2 and Tier 3 interventions the school already runs often become supports written into the IEP.

Scenario: Tomas from Tier 1 to the IEP

The student, school and numbers are fictional.

September. Tomas is a 4th grader. The school's Tier 1 system teaches three expectations: be safe, be kind, be ready. By September 30, he has 5 office referrals for leaving his seat and arguing with peers. The school's data rule moves students with 3 or more referrals in a month to a Tier 2 review.

October 6. The Tier 2 team places Tomas in check-in/check-out. He checks in with the counselor each morning and gets a point card with 5 class periods and 3 goals. The goal is 80% of points.

October 6 to November 14. Over 6 weeks, Tomas averages 52% of points (range 30% to 70%). Referrals drop from 5 in September to 3 in October, then rise to 4 in early November. The Tier 2 team adds a social skills group twice a week. His reading teacher notes he still cannot read most of the grade 4 texts.

November 17. The team moves Tomas to Tier 3 and starts an FBA. The same week, his parent asks in writing for a special education evaluation, citing reading problems and behavior. The school starts the evaluation process right away. It does not wait for Tier 3 to finish.

December. The FBA finds that arguing and leaving his seat happen mostly during independent reading tasks, and work to escape reading he cannot do. Tier 3 starts a BIP with break cards and shorter reading tasks.

January 22. The evaluation finds a specific learning disability in reading. The IEP includes reading goals, a goal for requesting a break, the BIP as a support, and check-in/check-out continuing as part of the plan. Tomas still takes part in schoolwide Tier 1 acknowledgments.

The tiers gave the team good data. They did not decide eligibility, and they did not slow down the evaluation once there was reason to suspect a disability.

Tiers never delay an evaluation

Federal guidance is clear that a tiered process such as RTI or MTSS cannot be used to delay or deny an evaluation for a student suspected of having a disability.[6] Child find duties apply all year, whatever tier a student is in.[7] A parent can request an evaluation at any time.

A common mistake is a rule like "students must complete 12 weeks at Tier 2 before referral." Teams can use tiered data in an evaluation, but the data cannot be a gate.

Rules at a glance, and where states differ

TopicFederal floorWhere states and districts differ
Using PBIS or MTSSNot required by IDEASome states require or fund MTSS frameworks; others leave it to districts
Evaluation during tiersCannot be delayed by RTI or MTSS[6]States set their own evaluation timelines
Response to intervention in SLD eligibilityStates may permit or require it as part of SLD criteria[8]Some states require RTI data for SLD; others allow other methods
Behavior supports in the IEPTeam must consider them when behavior impedes learning[5]Some states require an FBA before a BIP
Consent for Tier 2 or 3Not addressed for general interventionsDistricts differ on when they ask parents for permission

How tier supports show up in an IEP

When an IEP student already gets Tier 2 or Tier 3 supports, write them into the IEP so they cannot quietly end. Tomas's IEP lists check-in/check-out under supplementary aids and services, and his break card under accommodations. The goal targets the replacement skill.

Sample goal: "During independent reading tasks, Tomas will use his break card to request a 2-minute break and return to the task, in 4 of 5 opportunities across 4 consecutive weeks, measured by opportunity data." The behavior IEP goals hub and behavior IEP goal examples have more wording. Count the target behavior with frequency recording so progress reports compare like with like.

If the plan at Tier 3 does not work, the IEP team reviews it the same way it reviews any support. The steps are in when a BIP is not working. For a complete plan written from FBA data, see the BIP examples by function.

The Center on PBIS has resources on supporting students with disabilities inside a tiered system.[4] The PBIS and MTSS glossary entries define the terms.

Frequently asked questions

Is an IEP the same as Tier 3?

No. Tier 3 is the most intensive level of a schoolwide support system and is open to any student. An IEP is a legal plan for a student found eligible under IDEA. Many students at Tier 3 do not have IEPs, and many students with IEPs are not at Tier 3.

Can a student with an IEP get Tier 2 supports like check-in/check-out?

Yes. Students with IEPs take part in schoolwide supports at every tier they need. If a Tier 2 support is part of how the student's needs are met, the team can write it into the IEP so it continues.

Does a student have to go through all three tiers before an evaluation?

No. Federal guidance says tiered interventions cannot be used to delay or deny an evaluation of a student suspected of having a disability. A parent may request an evaluation at any time.

Use it in IEP Atlas

Sources

  1. Tier 1, Center on Positive Behavioral Interventions and Supports
  2. Tier 2, Center on Positive Behavioral Interventions and Supports
  3. Tier 3, Center on Positive Behavioral Interventions and Supports
  4. Students with Disabilities, Center on Positive Behavioral Interventions and Supports
  5. 34 CFR §300.324: Development, review, and revision of IEP, Legal Information Institute, Cornell Law School
  6. OSEP Memo 11-07: Response to Intervention (RTI) (January 21, 2011), U.S. Department of Education, Office of Special Education Programs
  7. 34 CFR §300.111: Child find, U.S. Department of Education (IDEA website)
  8. 34 CFR §300.307: Specific learning disabilities, U.S. Department of Education (IDEA website)

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.

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