Toolbox Tuesday!!

Aloha!  The Dawg happens to be in Hawaii right now, and so I found a Toolbox Worthy case from the Pineapple State.  It involved a complaint from parents that the BIP was not incorporated into the IEP. They were concerned that this would mean that the BIP could be changed without their input. However, the court held that this was not a violation of law, noting that 1) the law did not require a BIP for this student; 2) the parent had plenty of input as to the BIP; 3) there were numerous behavioral strategies and supports that were incorporated into the IEP; and 4) Hawaii regulations provided that a BIP could not be changed without parent notice and input.

The outcome would likely be the same if the case came up in Texas, even if the student did need a BIP. That’s because of Section 29.005(g) of the Texas Education Code:

The [ARD] committee may determine that a behavior improvement plan or a behavioral intervention plan is appropriate for a student for whom the committee has developed an IEP. If the committee makes that determination, the BIP shall be included as part of the student’s IEP and provided to each teacher with responsibility for educating the student. 

This is all covered in the Toolbox in our discussion of Tool #1, which all Toolbox veterans know is The Most Important Tool. 

It’s E.W. v. DOE State of  Hawaii, decided by the federal court for the state of Hawaii and located in the Individuals with Disabilities Education Law Reporter at 83 IDELR 14 (D. Ha. 2023).


Got a question or comment for the Dawg?  Let me hear from you at jwalsh@wabsa.comTomorrow: what will the Governor do?