Ensuring Safety and Inclusion: Adding an Emergency Action Plan to the IEP or 504 Plan 

Posted on by Nicol Walsh

Emergency Action Plans are crucial for ensuring the safety of students with disabilities during crises like earthquakes, fires, or active shooter events. These plans should be integrated into existing Individualized Education Programs (IEPs) and 504 plans, which already provide accommodations for educational and behavioral needs.

Federal laws mandate that schools offer equitable emergency services to all students, including those with disabilities. Washington state law also requires comprehensive safe school plans that include provisions for students with special needs, regular safety drills, and collaboration with local emergency response agencies.

Brief Overview

  • An individualized Emergency Action Plan prepares students with disabilities for external emergencies.
  • The Americans with Disabilities Act (ADA) requires schools to provide reasonable accommodations to ensure the safety and participation of students with disabilities, including during emergency procedures.
  • The Individuals with Disabilities Education Act (IDEA) requires that schools consider the unique needs of students with disabilities when developing and implementing emergency response plans.
  • Section 504 of the Rehabilitation Act mandates that schools provide reasonable accommodations to students with disabilities to ensure equal access to education, including safety procedures and emergency drills.
  • Washington State law requires that schools develop and implement comprehensive safe school plans that are inclusive of and accessible to students with special needs (RCW 28A.320.125).
  • Download the Emergency Action Plans handout to prepare for and share at an upcoming IEP or 504 plan meeting.

Introduction

In Individualized Education Program (IEP) or Section 504 plan meetings, we often discuss accommodations, which can include placement, specially designed instruction, transportation, related services, and more. In some cases, a behavior intervention plan (BIP) accompanies the IEP or 504 plan. While reviewing these documents, we develop accommodations and responses for educational and behavioral purposes in various environments and situations. However, what sometimes gets overlooked is an Emergency Action Plan.

Emergency Action Plans allow us to prepare for external emergency situations and crises, such as earthquakes, fires, or even active shooter events. While these are high stress topics, we also want our families to be aware of real-world events so we can best prepare and protect our children.

We’ll start with a quick reminder of students’ rights and responsibilities, and Washington State Requirements for emergency planning.

Rights of Students with Disabilities

Federal law emphasizes the inclusion and equitable treatment of students with disabilities in school emergency management plans. These laws ensure that students with disabilities receive the same emergency services as their non-disabled peers and are considered during all stages of emergency management planning. This principle is supported by several federal laws, including the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act.

The Americans with Disabilities Act (ADA) prohibits discrimination based on disability in all areas of public life, including schools. This means that schools must ensure their emergency plans are accessible to and inclusive of students with disabilities. The ADA requires schools to provide reasonable accommodations to ensure the safety and participation of students with disabilities, including during emergency procedures.

The Individuals with Disabilities Education Act (IDEA), is a federal law designed to ensure proper education for students with disabilities and guarantees a free and appropriate public education (FAPE) to all students with disabilities. This includes the right to a safe and supportive learning environment, which extends to emergency situations. Schools must consider a student’s Individualized Education Program (IEP) or 504 plan when developing emergency procedures, ensuring that necessary accommodations and supports are integrated into the school’s overall plan.

Section 504 of the Rehabilitation Act, similar to the ADA, prohibits discrimination based on disability in any program or activity receiving federal financial assistance, including schools. This law mandates that schools provide reasonable accommodations to students with disabilities to ensure equal access to education, including safety procedures and emergency drills.

When referring to Emergency Action Plans or evacuation plans for special education students, Wrightslaw emphasizes that schools have a legal and ethical obligation to create individualized plans that cater to the specific needs of each student with a disability, ensuring that no child is left behind in an emergency situation. Individualized plans should consider physical, sensory, cognitive, and mobility impairments. The school should conduct practice drills, training to familiarize staff with individualized plans, and risk assessments to help identify any potential obstacles that could occur in an emergency situation.

Washington State Requirements for Emergency Planning

In addition to the requirements under federal law, Washington state law emphasizes the need to include planning for students with special needs or disabilities in the safe school plan, with provisions for assisting and communicating with staff and students (RCW 28A.320.125). Each school district is required to adopt and implement a comprehensive safe school plan that:

  1. Takes proactive measures to reduce the likelihood and severity of potential emergencies, referred to as emergency mitigation. This might include actions like strengthening school buildings to withstand natural disasters or implementing security measures to prevent unauthorized access.
  2. Prepares for a wide range of emergencies. This includes developing and maintaining a detailed plan, conducting regular safety drills, and training staff and students on established crisis responses. Schools must also collaborate with local emergency response agencies and participate in joint exercises to test and improve their preparedness strategies.
  3. Outlines clear roles and responsibilities for staff and students, communication protocols, and procedures for coordinating with first responders. Emergency drills help to familiarize students and staff with the appropriate actions to take in different scenarios, minimizing confusion and promoting a swift, coordinated response.
  4. Addresses the actions taken to support the school community in the aftermath of an emergency and to restore normal school activities. This may include providing counseling and support services to students and staff, assessing and repairing damage to facilities, and communicating with parents and the community about the situation and recovery efforts.

When developing their comprehensive safe school plans, school districts must consider the guidance and resources provided by the state and regional school safety centers.

The law states, “Schools shall conduct at least one safety-related drill per month, including summer months when school is in session with students” (RCW 28A.320.125(5)(b)). It further specifies that these drills must teach students three basic functional responses, including:

  • Shelter-in-place: Used to protect students and staff from hazardous materials, like chemicals or radiation, by keeping them inside and away from the exposed outside environment.
  • Lockdown: Used to protect students and staff from threats of violence, such as intruders.
  • Evacuation: Used to move students and staff away from dangers, like fires, oil spills, or tsunamis.

These drills must be tailored to the specific threats and hazards most likely to impact the school. For example, schools in mapped lahar or tsunami hazard zones must conduct a pedestrian evacuation drill. Additionally, all schools must conduct an earthquake drill using the state-approved “drop, cover, and hold” technique.

Starting the Conversation with IEP and 504 Plan Teams

To ensure these safety measures are effectively implemented and meet the unique needs of each student, start the conversation with the IEP or 504 plan team by:

  • Requesting a Meeting: You can request a meeting with the IEP or 504 team through the child’s teacher, special education director, or district staff. Be sure to submit your request via email or hard copy letter to keep for your records. 
  • Requesting an Addendum: If the team has previously had discussions about an Emergency Action Plan or existing accommodations that could be used to support an Emergency Action Plan, you might want to ask for an addendum without a meeting to get these supports written into the IEP or 504 plan.

Developing a Tailored Emergency Action Plan

The IEP or 504 plan provides an ideal framework for incorporating the needs of students with disabilities into emergency planning. The teams can easily gather data about the student’s individual needs, consider the nature of the disabilities, and the potential implications for safety planning. Here’s a few things to consider:

  • Review the student’s medical files. Ensure that the child’s medical records are current and up to date. In an emergency situation, this medical history will be shared with first responders to ensure the child’s needs are met.
  • Review the current IEP or 504 plan. Take a look at the accommodations, modifications, and service minutes currently in place and see if they can supplement the Emergency Action Plan.
  • Write down effective supports. Note interventions and solution-driven supports that are most effective for the student. Share feedback from medical providers, therapists, and other caregivers about what the child will respond to best.

Emergency action plans should build upon the accommodations, modifications, and services already outlined in a student’s IEP or 504 plan. For example, if a student requires mobility support to access their seating accommodation in the classroom, this should be factored into the school’s shelter-in-place procedures. As should a student’s needs for sensory support, such as a fidget, comfort items, or sensory-suppressing device (i.e. headphones, weighted materials). Whether it’s running through drills or happening real-world, familiar and personal comfort items can aid our students in self-regulating as they navigate the established emergency procedures.

Students whose IEP or 504 plan include assistive technology may also need access to such devices during an emergency. If the student requires assistive technology to maintain their ability to communicate and receive instructions, this should be written into their Emergency Action Plan. Devices such as communication boards, speech-generating devices, or specialized software should be readily available and functional during drills and actual emergencies. During emergency planning, the team can identify language and terminology to add to devices for the student to communicate needs arising from the crisis. For example, emotions may be added to a communication board to enable a student to express themselves to the same degree as non-disabled students. Being able to communicate their feelings in that moment can boost their ability to self-regulate and adhere to established protocols.

All stakeholders—students, staff, community partners, and parents—need to be educated about the school’s emergency plan and the specific procedures for supporting students with disabilities. Regular drills and exercises involving community partners can help familiarize students with the plan and ensure a coordinated response. Recognizing that some students may become dysregulated by disruptions to their routines, communication is essential! The IEP or 504 plan may include notice of upcoming drills to allow the team to prepare the student, working within the accommodations or services written into the educational program. For example, speech therapy may include reviewing a social story about how to respond to a fire drill. Similarly, a student with complex healthcare needs may require additional support from the nurse to access medications during the drill, or a student with limited mobility may require assigned personnel to assist with getting into a shelter-in-place location.

Schools must communicate and collaborate with community partners, including first responders, to ensure the safety and well-being of students, especially those with disabilities. If the student has a new medical condition or there are changes in how to respond to a medical incident, it is crucial to inform the school team and update the school nurse’s records. This ensures that any information shared with first responders, with the parent or guardian’s signed permission, is accurate and tailored to the child’s needs during emergencies.

Final Thoughts

The safety and well-being of all students is paramount, regardless of developmental or physical challenges. By proactively addressing their unique needs and ensuring that emergency procedures are inclusive and comprehensive, schools can create a safer environment for all students. Collaboration among educators, parents, and community partners is key to developing and implementing these plans effectively. We can’t always predict life’s unpredictability, but we can certainly have plans in place for whatever presents itself. Start the process today by requesting a meeting with the IEP or 504 plan team to discuss an Emergency Action Plan.


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