Tag: 504

Connecting Youth, Families, and Communities: The Region D1 Transition Learning Collaborative (TLC)

Posted on by Nicol Walsh

The transition from high school to adulthood can bring excitement, opportunities, and many questions. The Region D1 Transition Learning Collaborative (D1 TLC) connects youth with disabilities, families, Parent Centers, and community partners across Alaska, Washington, Oregon, Hawaiʻi, American Samoa, Guam, and the Northern Mariana Islands to improve access to transition information, resources, and support.

A Brief Overview

  • Transition planning helps students with disabilities prepare for life after high school, including employment, education, independent living, and community participation.
  • D1 TLC is funded by Rehabilitation Services Administration and led by PAVE in partnership with FACT Oregon.
  • The collaborative connects Parent Centers and community partners across four states and territories to share resources and information.
  • D1 TLC works to improve access to transition information, resources, and support related to employment, education, independent living, and community participation.
  • Youth/young adult and family experiences help guide the development of transition resources, training, and collaborative activities.
  • Regional partnerships help address barriers to transition support in rural, remote, military-connected, Tribal, and island communities.
  • Youth/young adults, families, and professionals, can access resources and learn more through PAVE’s Region D1 TLC webpage.

Transition planning is about helping young people explore their interests, identify their strengths, set goals, and prepare for the future they want. There is no single path to adulthood. Every young person has different goals, experiences, cultural connections, and support needs. Youth should have a meaningful voice in planning their futures. Families, educators, and community partners can help by listening, sharing information, and supporting informed choices.

D1 TLC works to make transition information and resources easier to find, understand, and use.

D1 TLC is a regional project funded by the Rehabilitation Services Administration (RSA), a federal agency within the U.S. Department of Education. This collaborative is led by PAVE in partnership with FACT Oregon.

PAVE and FACT Oregon are Parent Training and Information Centers (PTI) that help families understand special education, disability-related services, and their rights.

Together, they partner with the Parent Centers throughout D1 region, to strengthen transition supports for youth with disabilities and their families.

Rather than expecting every community to use the same approach, D1 TLC encourages partners to share knowledge, learn from one another, and develop resources that reflect the needs of the people they serve.

The D1 TLC serves a large and geographically diverse area including Alaska, Washington, Oregon, Hawai’i, which includes the American Samoa, Guam, and the Commonwealth of Northern Mariana Islands (CNMI). Families may live in cities, rural communities, remote villages, Tribal communities, or islands separated by long distances.  Military-connected families may navigate different school and service systems when relocating. Families in Tribal and island communities may also seek resources that reflect their cultures, languages, community relationships, and priorities.

These include:

  • Alaska: Stone Soup Group (PTI) and LINKS Mat-Su Parent Resource Center (CPRC). 
  • Washington: PAVE (PTI) and Open Doors for Multicultural Families (CPRC). 
  • Oregon: FACT Oregon (PTI). 
  • Hawaiʻi: Leadership in Disabilities and Achievement of Hawaiʻi (LDAH), the state’s PTI. 

D1 TLC partners with these organizations and other community partners to share resources, identify barriers, and strengthen access to transition information across the region. 

By learning from families and community partners, D1 TLC supports transition planning that respects each young person’s identity, culture, community, strengths, and goals while creating more opportunities for connection, collaboration, and shared learning. 

Collaboration is the heart of D1 TLC’s work.   

Youth, families, Parent Centers, educators, vocational rehabilitation professionals, employers, and community organizations each bring valuable knowledge and experiences to transition planning. 

D1 TLC creates opportunities for these groups to connect, identify common challenges, share promising practices, and learn from one another. 

An important part of this work is listening to youth and families. Their perspectives help ensure that transition information is practical, relevant, and responsive to the communities it is intended to support. 

D1 TLC provides resources and learning opportunities that youth, families, Parent Centers, and professionals can use when preparing for life after high school. 

One available resource is the D1 TLC Transition Toolkit: My Voice. My Goals. My Future. 

The toolkit helps young people explore their strengths, interests, preferences, and goals while identifying support and next steps. It can be used during Individualized Education Program (IEP) meetings, conversations with family members, vocational rehabilitation planning, and other transition activities. 

The D1 TLC webpage also includes a Resource Collection with information to help families and professionals find transition-related resources, including information connected to states and territories throughout Region D1. 

These resources are designed to support conversations, encourage planning, and help young people take an active role in shaping their futures. 

Transition planning does not happen all at once, and families do not have to navigate every step alone. D1 TLC continues to develop resources, share learning opportunities, and strengthen partnerships throughout Region D1, keeping youth and family perspectives at the forefront.  

Youth, families, Parent Centers, and community partners are also invited to connect through the D1 TLC Facebook Group to share information, learn from one another, and build connections across the region. 

Together, we can support transition planning that centers youth voices, respects community strengths, and helps young people prepare for the futures they choose.

Communication Log

Posted on by Nicol Walsh
Download the fillable Communication Log

Maintaining a clear record of who said what and when is simplified with a school communication log. This tool streamlines the organization and retrieval of your notes pertaining to phone calls, letters, face-to-face meetings, emails exchanged with your child’s teachers, and any other interactions involving the school.

For parents of children with an Individualized Education Program (IEP), meticulous record-keeping of all communication with the school or IEP team is particularly crucial. Insert this chart at the forefront of the “Communication” section in your IEP binder. Utilize it to promptly log specifics following discussions or when
engaging in written communication.

Use the printable log to track your conversations with members of the IEP team, as you see in the sample below.

Sample of a filled out communications log, It includes the date, name of contact, role or position summary of conversation, whether the issue is resolved and next steps and follow up dates. Also include what kind of means was used for communicating, such as email, call, etc.

Sample of the empty communications log

Who's who on the IEP team blank sheet

For more information, read these Tips for Communicating as an IEP Team.

This article also forms part of the 3-5 Transition Toolkit

Download the Fillable Communications Log

Evaluations Part 1: Where to Start When a Student Needs Special Help at School

Posted on by Nicol Walsh

When a student is struggling in school and may have a disability, families can request a formal evaluation to explore eligibility for special education services. The process includes submitting a written referral, participating in a team-based assessment, and using the results to guide individualized supports. Even if a student doesn’t qualify for an IEP, other protections and accommodations may still be available. 

A Brief Overview 

  • Special Education is provided through the Individualized Education Program (IEP) for students with qualifying disabilities. 
  • Anyone with knowledge of a student’s needs can make a referral for evaluation. 
  • If a student is struggling and has a known or suspected disability, the school must evaluate to determine eligibility for special education. 
  • Referrals must be made in writing, and schools must support families in removing barriers to this process, including providing translation and interpretation. 
  • To qualify for an IEP, a student must meet three criteria: have a disability, experience adverse educational impact, and need Specially Designed Instruction (SDI). 
  • Families are active participants in the evaluation and IEP development process and may request revisions to evaluation summaries and IEP statements. 
  • Eligibility is determined based on how a disability affects learning, not solely on a medical diagnosis, and must fit one of 14 federally recognized categories. 
  • Schools follow specific timelines for responding to referrals, completing evaluations, and developing IEPs.  
  • PAVE provides Sample Letters to Support Families in Their Advocacy, including a Sample Letter to Request an Evaluation. 

Introduction

When a student is struggling in school and may have a disability, families have the right to ask for an evaluation to better understand their child’s needs. This process helps identify learning challenges and guides decisions about supports that can make school more accessible. Starting with a referral for evaluation, families and schools can work together to identify what a student needs to thrive with individually tailored school-based supports. 

Anyone with knowledge of a student’s learning or developmental needs can make a referral for special education evaluation. This includes parents, guardians, family members, teachers, school staff, counselors, early learning providers, and even community members. Referrals can be made for students ages 3–22 who are suspected of having a disability and may need special education services.

School districts are required to actively seek out and evaluate students who may need support. This responsibility is called Child Find, and it is part of the federal Individuals with Disabilities Education Act (IDEA).

Removing the Barriers to Evaluation

Schools must support individuals who are unable to write by helping them complete the referral in another format. This includes offering assistance in drafting the referral or providing alternative methods such as verbal requests or translated forms. The goal is to remove barriers that might prevent a family from initiating the evaluation process.

Schools are legally required to provide evaluation materials and meeting support in the family’s native language or preferred mode of communication. This includes oral translation, sign language interpretation, Braille, or other formats when written language is not used. During the evaluation process, districts must ensure that parents understand all documents and decisions, and must document that translation or interpretation was provided. For example, prior written notice must be translated orally or by other means, and the district must keep written evidence that the parent understood the content. These protections are outlined in the statewide Procedural Safeguards developed by the Office of Superintendent of Public Instruction (OSPI).

Appropriate Evaluation

The IDEA requires schools to use “technically sound” instruments in evaluation. Generally, that means the tests are evidence-based as valid and reliable, and the school recruits qualified personnel to administer the tests. A single assessment tool, such as an Intelligence Quotient (IQ) test, is not enough to determine eligibility for special education services. Instead, schools must conduct a comprehensive, unbiased evaluation using multiple methods to understand a student’s unique educational needs. This process involves a team approach and includes parents or guardians as active participants. The results help guide decisions about how best to support the student’s learning.

Not every student who has a disability and receives an evaluation will qualify for an IEP. The school district’s evaluation asks 3 primary questions in each area of learning that is evaluated:

  1. Does the student have a disability?
  2. Does the disability adversely impact education?
  3. Does the student need Specially Designed Instruction (SDI)?

If the answer to all three questions is Yes, the student qualifies for an IEP.

Keep in mind that a student does not need to meet all three criteria to be evaluated. Under the Child Find Mandate of IDEA, the school district must evaluate a child if there is a known or suspected disability that may have significant impact on learning. 

From Evaluation Results to IEP

Information, or data, collected during the evaluation is essential for developing the IEP. One of the most important outcomes of the evaluation is determining whether the student needs Specially Designed Instruction (SDI), which is the “special” in special education. The evaluation determines whether SDI is needed to help a student overcome barriers and access learning in ways that work best for them.

SDI is tailored instruction that helps a student overcome barriers caused by a disability and access learning in ways that work best for them. This may include changes in content, teaching strategies, or learning environments. For example, SDI might involve breaking tasks into smaller steps, using visual supports, or providing extra time for assignments. These supports are designed to help the student make meaningful progress in school.

Understanding how SDI works can help families participate more fully in IEP development. Asking questions about SDI can lead to more effective planning and collaboration. For example:

  • What specific instruction will be provided?
  • Who will deliver it?
  • How will progress be measured?

These questions can guide meaningful conversations during IEP meetings and ensure that the IEP reflects the student’s strengths, challenges, and learning needs.

To learn more, watch PAVE’s three-part video series: Student Rights, IEP, Section 504, and More.

In What Areas Can a Student Be Evaluated?

When a parent signs consent for an evaluation, looking through the list of areas the school intends to evaluate is important to ensure that all concerning areas are included. Families can request additional areas to include in the evaluation, including a Functional Behavioral Assessment, for example.

Keep in mind that strengths are measured alongside challenges and can provide important details. An IEP should always include statements about what the student does well, and the IEP team uses this information to reinforce and build on strengths throughout the program.

Below is an infographic showing skill areas that are commonly evaluated:

Areas of evaluation

Download In What Areas Can a Student Be Evaluated?:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Ukrainian українська | Vietnamese Tiếng Việt

Eligibility Categories for Special Education

Once a student’s evaluation confirms a disability that impacts learning, the next step is to determine whether the disability fits one of 14 federally recognized categories. These categories are outlined in Washington’s Administrative Code (WAC 392-172A-01035):

  • Autism
  • Emotional Disturbance
  • Multiple Disabilities
  • Specific Learning Disability
  • Visual Impairment / Blindness
  • Deaf-Blindness
  • Hearing Impairment
  • Orthopedic Impairment
  • Speech/Language Impairment
  • Developmental Delay (ages 0-8)
  • Deafness
  • Intellectual Disability
  • Other Health Impairment
  • Traumatic Brain Injury

These categories are intentionally broad to reflect the diverse ways disabilities can affect learning. The IEP team may discuss which category best fits the student’s unique situation. While a medical diagnosis can help inform the process, eligibility is determined by how the disability impacts the student’s education. This impact can be assessed with or without a formal diagnosis.

There is no such thing as a “behavior IEP” or an “academic IEP.” Once a student qualifies, the school is responsible for addressing all identified areas of need. The IEP is personalized to include programming, services, and placement designed to support the whole child.

In Washington State, children through age 9 may be eligible for services under the category of Developmental Delay. Full definitions for each category are available in WAC 392-172A-01035 and are also reproduced in this PAVE article: Washington Special Education Categories.

Timeline of Evaluation and Development of an IEP

The school follows set timelines for the evaluation process:

  • The school has 25 school days to respond to a written referral.
  • If they agree to evaluate the student, they have 35 school days from the date the family signs consent to complete the evaluation and provide results to the family.
  • After that, the district must wait at least 5 school days, but no more than 40 school days from consent, to hold the eligibility determination meeting.
  • If the student is found eligible, an IEP must be developed within 30 calendar days of that eligibility determination meeting.

Track your student’s progress from the point of referral for evaluation to the development of the IEP with the infographic below.

IEP-Referral-and-Evaluation-Timeline-English

Download the IEP Referral and Evaluation Timeline:
English

Sample Letter to Request an Evaluation

Washington law requires that referrals for special education evaluation be made in writing. If a verbal request was previously denied, start again with a formal written letter sent by email, certified mail, or delivered in person.

OSPI provides a downloadable referral form on its Making a Referral for Special Education page. The person making the referral can use this form or any other written format that clearly communicates the request to evaluate.

Address the referral to the district special education director or program coordinator, and include an administrator at the student’s school. Be sure to include the student’s full name and birthdate, a clear statement requesting evaluation in all areas of suspected disability, and specific concerns. Supporting documents or letters from doctors, therapists or other providers may be attached. Include complete contact information and a statement that the parent or guardian is prepared to sign consent for the evaluation to begin.

Download the Sample Letter to Request an Evaluation:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Ukrainian українська | Vietnamese Tiếng Việt

Options When Families and Schools Disagree

Families can ask school staff to explain their decisions in writing. If a parent or guardian disagrees with something the school decides, they have rights to informal and formal dispute resolution options that are protected by the IDEA. Schools must provide a document called procedural safeguards, which outlines these options and explains the rights of both students and families. PAVE continues this topic in an article: Evaluations Part 2: Next Steps if the School Says ‘No.’

Section 504 Protections

Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that helps protect students with disabilities from discrimination in schools that receive federal funding. It applies to individuals whose disabilities significantly affect major life activities—such as learning, breathing, walking, or concentrating. Because the law is broadly written, it can apply to a wide range of conditions and circumstances.

Students who receive services through an IEP also benefit from protections under Section 504, which are built into the IEP process. In some cases, students who don’t qualify for an IEP may still be eligible for support through a Section 504 Plan.

Protections against bullying and discriminatory discipline are aspects of Section 504. PAVE provides articles about Bullying at School: Resources and the Rights of Students with Special needs and What Parents Need to Know when Disability Impacts Behavior and Discipline at School.

Learn More

PAVE provides downloadable toolkits ready for you, including Where to Begin When a Student Needs Help. For the full list of toolkits, type “toolkit” in the search bar at the top of this page.

Click on Get Support at the top of this page to submit a Support Request and receive individually tailored support, training, information, and resources.

Exceptional Family Member Program (EFMP), Part 1: What Makes a Military Family Exceptional?

Posted on by Nicol Walsh
Download the EFMP Enrollment Checklist


A Brief Overview

  • This is part one of a two-part series on this topic of the Exceptional Family Member Program (EFMP). This article continues in Part 2: How Does EFMP Benefit Military Families?
  • Every branch of the U.S. Armed Forces is required to have a program for dependents of active-duty service members (ADSMs) with special medical or educational needs called the Exceptional Family Member Program (EFMP).
  • The Coast Guard is the only branch of service that uses a different name for their program – the Special Needs Program (SNP).
  • Enrollment is mandatory for all dependents of active-duty service members who have a special medical or educational need, regardless of the dependent’s age.
  • The two standardized enrollment forms are available on Military OneSource and, where available, on branch-specific websites.
  • Enrollment support is available on installation at family support centers.

Full Article

The Exceptional Family Member Program (EFMP) is a mandatory program for all branches of the U.S. Armed Forces that helps military dependents with special medical or educational needs. The Army, Navy, Air Force, Marine Corps, and Space Force each have an Exceptional Family Member Program (EFMP). The Coast Guard, which operates under the authority of the Department of Homeland Security, has a similar program called the Special Needs Program (SNP).

Purpose and Intent

The purpose of the EFMP is to –

  • identify dependents of servicemembers with special education or medical needs,
  • make sure the family’s needs are considered during the assignment process,
  • connect families with resources and assistance wherever they are assigned, and
  • assist with questions, concerns, and resources.

Although the purpose of EFMP and SNP are the same across all branches of service, there are some differences with names, procedures, and forms. There are also differences by installation, such as the availability of respite care providers and services provided by EFMP Family Support.

Eligibility

Enrollment in EFMP is mandatory for eligible dependents of active-duty service members (ASDMs). It is not an age-limited or age-specific program; dependent children and adults, including spouses, incapacitated adults (unmarried adult children with disabilities, parents and parents-in-law, and other adult dependents), must be enrolled in EFMP if they meet one of the following criteria:

  • Have special medical needs, including chronic and/or mental health conditions, that require ongoing treatment from medical specialists.
  • Have significant behavioral health concerns.
  • Are eligible for or receive early intervention services (EIS) through an Individualized Family Service Plan (IFSP) for infants and toddlers (ages 0-3).
  • Are eligible for or receive special education services through an Individualized Education Program (IEP) for students aged 3 through 21.

National Guard and Reserve personnel with family members who have special medical or educational needs may be eligible during the time period when the service member is called for active-duty orders under Title 10 (10 U.S.C.).

Enrollment

Enrollment in EFMP or SNP begins with two enrollment forms that are available for download from Military OneSource:

  • DD Form 2792, “Family Member Medical Summary”: This form must be completed by the family member’s TRICARE-authorized primary care provider. This can be either the primary care manager or a specialty care provider.
  • DD Form 2792-1, “Special Education/Early Intervention Summary”: The instructions state that the child’s IFSP or IEP must also be provided with this form. If the child has an IFSP, is not yet enrolled in school, or is home-schooled, the parents may complete and sign the fields reserved for the educational authority.

Medical providers often require a separate appointment for completing the EFMP paperwork. Ask about the provider’s policy for completing paperwork and how to submit the forms before the visit while scheduling the appointment. The family member’s TRICARE plan and how the provider bills the appointment will determine whether there will be a copay for the visit.

Although all branches of service use the same standardized forms, some of the services have developed website platforms for families to submit the forms electronically.

Save time in the future by keeping a copy of the completed enrollment forms and IFSP or IEP in your home records system. Never give away your last copy!

Help with Enrollment

If this is the first time the family has submitted the EFMP forms, it is a good idea to first take them to the branch-specific military and family support centers on installations for review, including:

Reserve components also have branch-specific military and family support centers.  Learn more about what these programs offer and links to the branch-specific Reserve programs in this article from Military OneSource.

Find your EFMP enrollment or family support. In the drop-down menu for “Program or service”, select “EFMP Family Support” or “EFMP Enrollment”. Then, select your location from the drop-down menu labeled “Location based on”.

Download the EFMP Enrollment Checklist

Learn More about EFMP

This is part of a two-part series on this topic of the Exceptional Family Member Program (EFMP). This article continues in Part 2: How Does EFMP Benefit Military Families?

Additional Resources

Online – P2P Lunch & Learn: Calm Routines at Home: A Caregiver Toolkit for Everyday Transitions and Communication

November 18 @ 12:00 pm – 1:00 pm PST

REGISTER – Looking for practical ways to support daily routines and communication at home? Join us for a Lunch & Learn introducing Calm Routines at Home: A Caregiver Toolkit for Everyday Transitions and Communication. Created by Sheila Kemirembe, M.S. with caregivers in mind, this resource offers flexible strategies to help reduce stress, build connection, and support successful transitions throughout the day.

The P2P Lunch-n-Learn is a dedicated time for parents, caregivers, and providers to access presentations and training from PAVE programs and local Pierce County service providers.

Presentation/training topics will vary based on the expressed needs of families in the local community. This group takes place during lunchtime, allowing parents to learn while enjoying a meal in a relaxed and informal setting. REGISTER

Free

Related Events

Bullying at School: Resources and the Rights of Students with Special Needs

Posted on by Nicol Walsh

This article includes: Information that you can view, download, and print

Bullying can affect a child’s safety, well-being, and ability to learn. Student with disabilities who are bullied at school have protections under federal and state laws, and schools may have responsibilities under both bullying policies and disability laws.

A Brief Overview

  • Washington schools have policies and procedures for reporting and responding to harassment, intimidation, and bullying (HIB).
  • Families can report concerns to the school, file a formal HIB complaint, or contact their district’s HIB Compliance Officer.
    • Students with disabilities have protections under federal disability laws, whether or not they have an Individualized Education Program (IEP) or Section 504 Plan. Bullying that interferes with a student’s access to education may raise concerns about the student’s right to a Free Appropriate Public Education (FAPE).
  • If bullying affects a student’s learning, attendance, participation, or access to school, families can ask the IEP or Section 504 team to discuss additional needed supports or changes.
  • HearMeWA is a free, anonymous, 24/7 helpline for Washington youth and young adults up to age 25 to report bullying, safety concerns, or anything that is weighing on them and connect with support.

When bullying involves a student with a disability, families may need to consider both the school’s response to the bullying and whether the student’s educational needs have changed. Schools have responsibilities under Washington’s laws on harassment, intimidation, and bullying (HIB). Federal disability and civil rights laws may also apply when bullying affects a student with a disability’s access to education.

This article explains what families can do when a student with a disability experiences bullying, what schools may need to consider, and where students and families can find help.

“When students with disabilities are bullied, schools are legally responsible to end the bullying.

By law, schools must act to restore the safety and well-being of students who are harmed by harassment, intimidation, and bullying.

Those words—harassment, intimidation, and bullying, make an acronym: HIB. This video is about HIB protections for students with disabilities.

Please note that bullying increases the risks for suicide and self-harming behaviors.

For a mental health crisis, call 988.

For crisis help on topics related to sexual orientation and identity, call The Trevor Project: 866-488-7386.

What law says the school must end the bullying and help my student?

Specific anti-bullying protections for students with disabilities come from Section 504, which is part of a federal law, the Rehabilitation Act of 1973.

The civil right to be protected from bullying applies to all students with disabilities, regardless of whether they have a Section 504 Plan or an Individualized Education Program (IEP). These rights are upheld by the Office for Civil Rights—OCR.

Anyone who knows about an incident of harassment, intimidation, and bullying at school or during a school-sponsored activity can file an OCR complaint at the local, state, or federal level.

What does state law require?

Washington State’s 2019 Legislature passed a law that requires school districts to write formal HIB policies and appoint a person called a HIB Compliance Officer to spread awareness and uphold the laws.

What can parents do?

If your child is bullied at school, ask for the name of your district’s HIB Compliance Officer. Talk to that person about your options and request a HIB complaint form.

If the act included a physical assault or serious property damage, file a police report.

Request an emergency meeting of the IEP or Section 504 team to add supports for the student to ensure emotional and physical safety at school.

What counts as harassment, intimidation, or bullying?

Washington State defines a HIB violation as an intentional act that:

  • Physically harms a student or damages the student’s property,
  • Has the effect of substantially disrupting a student’s education,
  • Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment,
  • Or has the effect of substantially disrupting the orderly operation of school.

A HIB act may be electronic, written, verbal, or physical.

What does a school have to do when a child with a disability is bullied?

The Office for Civil Rights (OCR) requires schools to take immediate and appropriate action to investigate what happened. That means they talk to everyone involved and any witnesses and write a detailed report.

OCR requires the school to stop the bullying now and into the future.

OCR also says that schools must make sure the student who was bullied is helped and not further injured by actions taken in response. The victim should not be suspended, for example.

OCR says: “Any remedy should not burden the student who has been bullied.”

To learn more about federal laws and complaints, contact OCR at 800-421-3481.

Type the word Bullying or Discipline into the search bar at wapave.org to find additional resources.”

End of transcript.

Stopping the bullying may not be the only step a school needs to consider for a student with a disability. The U.S. Department of Education’s Office for Civil Rights (OCR) explains that schools must address disability-based bullying or harassment that interferes with or limits a student’s ability to participate in or benefit from school programs, services, or opportunities. Bullying that is not appropriately addressed can interfere with the student’s access to services needed for a Free Appropriate Public Education (FAPE).

Families might notice changes such as:

  • avoiding school or particular classes or activities
  • missing instruction or having difficulty participating
  • difficulty accessing services or accommodations
  • changes in academic progress
  • needing different or additional supports to participate safely at school

If bullying is affecting a child’s education, families can ask the IEP or Section 504 team to discuss what the student needs. The team may need to review services, accommodations, supports, or other parts of the student’s educational program and make changes if needed. A 2014 Dear Colleague Letter from the U.S. Department of Education provides guidance about schools’ responsibilities to ensure students with disabilities continue to receive FAPE.

The U.S. Department of Education maintains a Disability Discrimination: Bullying and Harassment webpage with information about student rights, federal guidance, and anti-bullying protections. OCR also accepts complaints involving disability discrimination, including bullying or harassment that may involve more than one type of discrimination. 

Families do not have to determine if an incident meets a particular legal definition before sharing a concern with the school. Keeping records and asking clear questions can help families and schools understand what happened, how the student is being affected, and what needs to happen next.

  • Write down what happened. Include dates, locations, people involved, witnesses, and how the incident affected your child. Save emails, messages, screenshots, school notices, and other relevant records.
  • Report the concern to the school. Ask how to submit a HIB incident report or formal complaint. You can also request a copy of the district’s HIB policy and contact your district’s HIB Compliance Officer. The Office of Superintendent of Public Instruction (OSPI) maintains contact information for HIB compliance officers across Washington school districts.
  • Ask how your child will be supported and kept safe. If bullying continues or threatens the student’s health and safety, the district’s HIB Compliance Officer has responsibilities related to helping facilitate safety planning with the family and district staff. This may include a safety plan and identifying trusted adults your child can go to during the school day.
  • Consider the student’s IEP or 504 Plan. Request a meeting to discuss needed supports or changes to help ensure emotional and physical safety. PAVE provides a Sample Letter to Request an IEP Meeting.
  • Keep a record of communications. Make requests in writing and save the school’s responses. Ask what steps will be taken, who is responsible for responding to the concern, and when you can expect an update.
  • Ask for help when you need it. Washington’s Office of the Education Ombuds (OEO) helps families understand and work through concerns involving public schools.
  • Consider civil rights options when appropriate. Families with concerns about disability discrimination can also contact OCR or use OCR’s Complaint Assessment System to learn about filing a civil rights complaint. For additional information about federal civil rights protections, contact OCR at 800-421-3481 (TDD: 800-877-8339).

Washington law (RCW 28A.600.477) requires school districts to have policies and procedures that prohibit harassment, intimidation, and bullying (HIB). Districts also must designate a primary contact for their HIB policy and procedures.

Washington’s definition of HIB includes intentional electronic, written, verbal, or physical acts which:

  • Physically harms a student or damages the student’s property
  • Has the effect of substantially disrupting a student’s education
  • Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment
  • Has the effect of substantially disrupting the orderly operation of the school

OSPI’s HIB Prevention and Intervention webpage offers resources for students and families, including a sample HIB Incident Reporting Form and student safety plan templates, available in multiple languages. There is also a link to the emails and/or phone numbers of HIB compliance officers in each school district, sample student safety plans. 

The Governor’s Office of the Education Ombuds (OEO) offers direct support to students and their families. Families can use OEO’s online intake form or call 1-866-297-2597. Language interpretation is available.

Washington youth and young adults up to age 25 can also contact HearMeWA for free, anonymous support 24/7. Young people can reach out about bullying, safety concerns, or anything that is weighing on them online, by phone, or through the HearMeWA app.

Sometimes children hear messages about bullying that can make it harder to ask for help or feel supported. Parents and caregivers can help by talking openly about what bullying is and what it is not. Conversations at home can help children recognize bullying, understand that it is not their fault, and feel more comfortable asking for help.

Give your child opportunities to talk without pressure. Listen to what they say, ask what would help them feel safer, and let them know you will work with them as you decide what to do next.

For children with communication, sensory, cognitive, or other disability-related needs, families may need to use different ways to ask about experiences at school or work with trusted school staff to identify changes in behavior, participation, or routines.

PACER Center’s National Bullying Prevention Center offers Help Your Child Recognize the Signs of Bullying, a guide on its Students with Disabilities webpage. The guide can help families talk with their child about bullying, recognize warning signs, and discuss ways to respond.

Bullying can affect a child’s mental and emotional well-being. If your child needs immediate crisis support, contact:

  • 988 Suicide & Crisis Lifeline: Call, text, or chat 988.
  • Trevor Project (issues related to sexuality): 866-488-7386
  • Native and Strong Lifeline: Tribal-connected youth and adults can call 988 and press 4.
  • HearMeWA: Call, use Get Help Online at the HearMeWA website or use the HearMeWA app to connect with a trained crisis counselor.

Get Ready for School with IEP Essentials

Posted on by Nicol Walsh

This article includes: Information that you can view, download, print and watch


Every student deserves a strong start to the school year. For families of children with disabilities, preparing for school includes reviewing the Individualized Education Program (IEP). The IEP is a legal document and a living plan that outlines the supports and services a student needs to access their education. Families play a key role in shaping the IEP and making sure it works for their child.

A Brief Overview

  • The start of a new school year is a great time for families to revisit their IEP or create a new IEP to support their student’s learning.
  • If a student doesn’t yet have an IEP, requesting an evaluation is the first step to determining eligibility for special education services.
  • Review an IEP before school starts to prepare questions and suggestions for the team.
  • Talk with your student about what to expect, to reduce anxiety and build confidence.
  • Learn about the Individuals with Disabilities Education Act (IDEA) to understand your rights and responsibilities in the IEP process.
  • Communicate regularly with the members of the IEP team to monitor progress and adjust plans as needed.
  • Gather documents, write questions, and invite support to prepare for IEP meetings.
  • Follow up after meetings to confirm next steps and maintain communication.
  • Take small, manageable steps to stay involved and support your student’s success.

Introduction

The beginning of a new school year is the perfect time to revisit your student’s Individualized Education Program (IEP). Whether your child already has an IEP or you’re just starting to explore the special education process, this season offers a fresh opportunity to reflect, plan, and engage.

As you and your student get ready for school, the most important thing is the “I” in IEP. The “I” is for “Individualized”. A thoughtful IEP highlights the student’s abilities and helps your student access the supports needed to learn. It helps ensure they receive the support necessary to learn, grow, and make meaningful progress—not just in school, but in life beyond graduation.

IEPs are built by teams, and families are essential members. When parents and students understand the process and actively participate, they help shape a plan that truly works.

What to do before the first day

If your student doesn’t have an IEP and you wonder whether a disability might be affecting their learning, now is a great time to explore the special education process. Understanding how evaluations work is the first step. If you’re unsure whether your child needs one, check out our article on How to Request an Evaluation, which explains how to get started.

If your student already has an IEP, review the IEP to prepare questions and suggestions for the team before the school year begins. PAVE recommends using their Steps to Read, Understand, and Develop an Initial IEP worksheet to guide this process.

After reviewing your student’s IEP or beginning the process to request one, the next step is ensuring your child is properly enrolled in school. Enrollment procedures vary by district, but they typically include submitting documentation, verifying residency, and understanding school assignment policies. For a clear overview of how and when to enroll your student, read this PAVE article: Starting School: When and How to Enroll a Student in School.

To help ease anxiety and build excitement, talk with your child about what to expect in the upcoming school year. Discuss new activities, classmates, and what will feel familiar. If your school offers an open house, plan to attend together. During your visit, take pictures and ask your child what they notice or wonder about. You can review the photos later to help them feel more prepared. PAVE’s article, Tips to Help Parents Plan for the Upcoming School Year, provides actionable strategies for easing anxiety, fostering independence, and creating a positive school experience.

What parents need to know about FAPE

At the heart of special education is the right to a Free Appropriate Public Education (FAPE), guaranteed by the Individuals with Disabilities Education Act (IDEA). FAPE means that students with disabilities are entitled to an education tailored to their individual needs—not a one-size-fits-all program. This is what makes IDEA unique: it ensures that every eligible student receives services designed specifically for them through an Individualized Education Program (IEP).

To qualify for an IEP, a student must go through an evaluation process to determine if a disability is impacting their education. If the student meets criteria under IDEA, they become eligible for special education services. These services are not about placing a student in a specific classroom—they’re about providing the right support, wherever the student learns. As you review your child’s IEP or prepare for meetings, ask: Is this plan appropriate and suitable for my child’s unique abilities and needs?

IDEA includes six important principles

The IDEA, updated several times since 1990, outlines legal rights for students with disabilities and their families. This PAVE article, Special Education Blueprint: The Six Principles of IDEA, explores the core principles: Free Appropriate Public Education (FAPE), Appropriate Evaluation, Individualized Education Program (IEP), Least Restrictive Environment (LRE), Parent and Student Participation, and Procedural Safeguards.

Effective communication is key to student success

Understanding legal rights is just the beginning—clear, consistent communication with the IEP team is one of the most effective ways to ensure your student’s plan leads to meaningful progress. Consider creating a communication plan with your child’s teachers or case manager. This might include weekly emails, a journal sent home in the backpack, scheduled phone calls, or regularly scheduled progress reports. Be sure to have this plan written into the IEP or included in the Prior Written Notice (PWN) so everyone stays on the same page.

Writing down how you’d like to stay in touch helps the team understand what works best for your family. Get creative—what matters most is that the plan supports clear, consistent communication for the whole team. ​

Keep a log of communication with the school district and educational service providers. PAVE provides a downloadable Communication Log to help you track emails, phone calls, and texts. school district and educational service providers. PAVE provides a downloadable Communication Log to help you track emails, phone calls, and texts.

Ready, set, go! 5 steps for parents to participate in the IEP process

Understanding the laws and principles of special education can help parents get ready to dive into the details of how to participate on IEP teams. Getting organized with schoolwork, contacts, calendar details, concerns, and questions will help.

This 5-step process is downloadable as an infographic.

5 Steps for Parents to Participate in the IEP Process (English)

Download the IEP Essentials in 5 Steps in:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Ukrainian українська | Vietnamese Tiếng Việt

1. Schedule

Parents or guardians should receive a written invitation to the meeting. The school and family agree on a date and time, and the school documents efforts to include families at all IEP team meetings. If the proposed time doesn’t work, remember that parents are required members of the team—you can request a different time that works better for you. 

Ask beforehand for the agenda and a list of who will attend. This helps ensure that there is enough time to fully address the topics being discussed. If a key team member can’t attend the meeting, you have the option to either provide written consent to excuse their absence or request to reschedule if their participation is important to you. ​For a list of suggested attendees and a downloadable form to save contact information, PAVE provides a Who’s Who on the IEP Team.​

If your student already has an IEP, a re-evaluation occurs at least once every three years unless the team decides differently. A parent can ask for a re-evaluation sooner if needed, though typically a re-evaluation will not occur more than once a year.

2. Prepare

You can ask for a copy of the evaluation results or a draft IEP before the meeting to help you prepare. It’s a good idea to gather letters or documents from medical providers or specialists that support your concerns. Writing down a few questions ahead of time can help you remember what you want to ask. You might also make a list of your student’s strengths and talents—this helps the team build on what’s already working. If you have specific concerns, you can write a letter and ask for it to be included in the IEP. Some families invite a support person to attend the meeting, someone who can take notes, help you stay focused, and offer encouragement.

3. Learn

Knowing the technical parts of an IEP will help you understand what’s happening at the meeting. The IEP is a living program—not just a document—and it can be updated anytime to better meet your child’s needs. The IEP is a work-in-progress, and the document can be changed as many times as needed to get it right and help everyone stay on track.

Familiarize yourself with the components of an IEP: 

4. Attend

At the meeting, each person should be introduced and listed on the sign-in sheet. Schools generally assign a staff member as the IEP case manager, and that person usually organizes the team meeting. Any documents that you see for the first time are draft documents for everyone to work on.

Be present and free of distractions so you can fully participate. Ask questions, share your perspective, and help keep the focus on your child’s needs and goals. If your child isn’t attending, placing a photo of them on the table may remind the team to keep conversations student-centered.

Everyone at the table has an equal voice, including you!

5. Follow up

After the meeting, follow through with the agreed communication plan. Make sure that everyone’s contact information is current and that you know how and when updates will be shared. If you still have concerns after the meeting, request a follow-up meeting or submit additional notes.

Stay organized with calendars, contact lists, and copies of important documents. Talk with your child about the upcoming year to ease anxiety and build excitement! your child about the upcoming year to ease anxiety and build excitement!

Tips for a smooth school year

As the school year begins, it’s important to think proactively about how to support your child’s learning and development. Establishing routines, setting goals, and building relationships with school staff can make a big difference.

If all of this sounds a little overwhelming, break the work into steps. Determine the best way to help your family stay organized with paperwork and information. Choose a calendar system that helps you track appointments and school events, such as back-to-school night or parent-teacher conferences.

Help your child’s team understand what works best for your student and share their strengths with a one-pager or a letter of introduction. PAVE provides a one-pager template, What You Need To Know About My Child, and a sample letter of introduction, Sample Letter to the IEP Team – Today Our Partnership Begins.

Let’s wrap things up!

Getting ready for school can feel like a lot, especially when your child has an IEP. But you don’t have to do everything at once. Take it one step at a time, and remember, you are not alone. This journey includes your child, and you’re walking it together. You are a vital part of your child’s team, and your voice truly matters. When families and schools work as partners, amazing things can happen. Trust yourself, speak up, and share what you know—because no one knows your child better than you. You bring love, insight, and hope to the table.

From all of us at PAVE, we wish you a happy and successful school year!

Learn More

What Parents Need to Know when Disability Impacts Behavior and Discipline at School

Posted on by Nicol Walsh

This article includes: Information that you can view, download and print

Behavior is a form of communication. When a student struggles with behavior at school, it may be a sign that they need additional support, services, accommodations, or instruction. For students with disabilities, schools must look beyond discipline and consider what will help the student participate meaningfully in school. Repeated requests for early pickup, shortened school days, suspensions, or other lost instructional time can be signs that a different approach is needed to keep the student engaged in learning and making progress at school.

A Brief Overview

  • Behavior support can be part of a student’s right to Free Appropriate Public Education (FAPE).
  • Schools must consider a student’s disability-related needs when behavior affects learning.
  • Repeated requests for early pickup, shortened school days, suspensions, or other lost instructional time can be signs that a different approach is needed to keep a student engaged in learning and making progress at school.
  • Families can request evaluations, school meetings, and the development or revision of behavioral supports.
  • Students continue to have educational rights during disciplinary removals.
  • Families have the right to ask questions, request records, and seek review or appeal when they disagree with discipline decisions.

Introduction

This article explains how school discipline can overlap with disability rights when behavior is connected to a student’s disability, trauma, or unmet support needs. It focuses on these practical questions:

  • When should families ask for evaluation or behavior support?
  • What counts as a removal from school?
  • What must schools consider before relying on suspension, expulsion, shortened school days, or other removals?
  • What rights do students and families have when they disagree with discipline decisions?

When Is Behavior a Sign That More Support Is Needed?

Students with disabilities have the right to the supports and services they need to learn and participate in school, a protection known as Free Appropriate Public Education (FAPE). Guidance from the Office for Civil Rights (OCR) explains that FAPE includes services, supports, and accommodations designed to meet a student’s individual needs, as well as training for school staff so they understand those needs and can effectively implement the student’s supports.

When behavior affects learning, participation, or access to instruction, schools should consider what additional supports, accommodations, services, instruction, or interventions may be needed. The goal is not simply to stop a behavior, but to understand what the behavior may be communicating and identify strategies that help the student succeed.

Behavior supports can take many forms, including:

  • Accommodations
  • Counseling or behavioral health services
  • Social-emotional instruction
  • Positive behavioral supports
  • Changes to an Individualized Education Program (IEP) or Section 504 Plan
  • Behavioral assessment and planning

Schools are required to provide education and support before resorting to discipline for children who struggle with behavior because of their impairments. According to OCR, individualized behavioral supports may include counseling, school social worker services, school-based mental health services, physical activity, and opportunities for a student to visit a counselor or behavioral coach when they need time and space to self-regulate. Counseling and other behavioral health supports can also be written into an IEP as related services when educationally necessary for FAPE.

When Should Families Ask for an Evaluation, Functional Behavior Assessment (FBA), or Behavioral Intervention Plan (BIP)?

An evaluation can be requested at any time if a disability may be affecting a child’s education. Schools also have a responsibility to evaluate when there is reason to suspect a disability is affecting learning, behavior, attendance, or participation in school.

An evaluation or school meeting may be helpful if:

  • A student is frequently suspended.
  • A student is often sent home because of behavior.
  • Behavior is interfering with learning.
  • Existing supports are not working.
  • School staff report ongoing concerns.
  • Instructional time is being lost because of behavior-related issues.

Section 504 does not limit the number of evaluations a student may reasonably request or receive. OCR guidance states that families may request an evaluation at any time and at public expense. Schools also have a responsibility to evaluate when there is reason to believe a disability is affecting a student’s education, known as Child Find.

A Functional Behavioral Assessment (FBA) is a type of evaluation used to better understand the reasons behind challenging behaviors and identify strategies that may help. An FBA is not required before asking for behavior supports. The IEP or 504 team can discuss behavior concerns, review existing supports, and consider changes to a student’s IEP, 504 Plan, or behavior supports at any time. PAVE offers a Sample Letter to Request a Functional Behavioral Assessment, available for download in multiple languages.

One type of behavior support is a Behavior Intervention Plan (BIP). A BIP is a working document that the school and family develop together and review regularly to help a student succeed at school. It focuses on positive supports, skill building, and encouragement rather than punishment.

A BIP may include strategies to:

  • Teach new skills and replacement behaviors
  • Increase positive supports and reinforcement
  • Reduce barriers to learning and participation
  • Prevent future challenges and escalation.

The information gathered through an FBA can be used to develop, review, or revise a BIP when current strategies are not meeting a student’s needs.

More information about participating in the FBA/BIP process is available in PAVE’s video training, Behavior and School: How to Participate in the FBA/BIP Process.

What Happens When Behavior Leads to Discipline?

Washington’s student-discipline rules encourage schools to keep students connected to learning whenever possible and to use responses that are fair and consistent. In 2025, the Office of Superintendent of Public Instruction (OSPI) updated the student-discipline rules and added a definition for discretionary discipline, which refers to situations where school staff have flexibility in choosing how to respond to behavior. Rather than using the same consequence every time, staff may consider the circumstances before deciding on a response.

A student may be removed from a classroom, instructional area, or activity when behavior substantially disrupts learning or creates safety concerns. This type of action is often called a classroom exclusion (WAC 392-400) Time away from the classroom may last for the remainder of the school day, up to the following two school days, or until the teacher and principal (or designee) have met, whichever occurs first. If the exclusion extends beyond those limits, it may be considered a suspension and additional requirements may apply.

District policies must include procedures for informing parents when classroom exclusions occur. Notification must be provided in a language families can understand.

Questions to consider include:

  • Why was the student removed?
  • How long will the exclusion last?
  • What support will help the student return successfully?
  • How is the removal being documented?

Washington’s discipline rules also:

  • Encourage schools to minimize suspensions and expulsions and focus on evidence-based approaches that keep students engaged in learning.
  • Prohibit exclusion because of absences or tardiness.
  • Require absences related to mental health to be excused.
  • Limit exclusionary discipline for behaviors that do not present a safety threat.
  • Require educational services during suspensions and expulsions.

What Counts as a Removal From School?

Any disciplinary action that takes a student away from their regular educational placement can count as a removal from school.

Examples of removals include:

  • Out-of-school suspension
  • In-school suspension
  • Expulsion
  • Emergency removal
  • Removal from class, activities, or part of the school day because of behavior

These actions are also referred to as exclusionary discipline because they remove a student from some or all of their educational program.

Repeated requests to pick up a student early can result in significant missed instruction. Understanding how these removals are affecting the student’s school day can start with a few key questions:

  • How much instruction is my child missing?
  • Are these removals being documented?
  • Why is my child being removed instead of receiving additional support?
  • Does my child need an evaluation, new accommodations, or additional services?

A shortened school day should not be an automatic response to behavior challenges. Before reducing a student’s school day, schools should consider whether additional supports, services, accommodations, instruction, or behavioral interventions could help the student participate successfully in a full day.

If the school reduces a student’s schedule because of behavior, the change could be considered a suspension. OCR’s guidance points out that a shortened school day is an example of a significant change of placement, and that placement changes require a re-evaluation process.

What Rights Continue During Suspensions and Other Removals?

A student’s right to education does not end because of a disciplinary removal. Washington law requires schools to provide educational services during suspensions, expulsions, and emergency removals (WAC 392-400-610). Educational services should help students continue participating in the general education curriculum and making educational progress.

When a student is suspended or expelled, families have the right to ask how educational services will continue, including:

  • What educational services will be provided?
  • How will instruction be delivered?
  • How will assignments be completed?
  • Who should we contact with questions?
  • How will progress be monitored?

Educational services provided in an alternative setting must enable the student to:

  • Continue to participate in the general education curriculum
  • Meet the educational standards established within the district
  • Complete subject, grade-level, and graduation requirements.

Schools must report disciplinary and emergency removals to both the parent or guardian and the state. Written notice must include:

  • A description of the student’s behavior and how it violated district discipline policy.
  • The length of the suspension or expulsion.
  • Information about educational services.
  • Information about the right to request a conference.
  • Information about appeal rights.

The school district must provide notice in a language the student and parent or guardian can understand, including interpretation or translation when needed (WAC 392-400-455). 

What Happens When Families Disagree With a School’s Decision?

Families have the right to ask questions and request information when they disagree with disciplinary actions, evaluation decision, placement change, or denial of services.

Requests may include:

  • Written notice explaining the decision
  • School records related to the incident
  • An evaluation or reevaluation
  • An IEP or Section 504 meeting
  • An FBA or BIP
  • Information about educational services
  • Information about available appeal or dispute-resolution options

Washington’s discipline rules include procedures for notice, conferences, review, and appeals. Students receiving special education services may also have additional protections when disciplinary removals become lengthy or repeated.

When families disagree with decisions about evaluation, services, placement, or discipline, federal and state laws provide rights and dispute-resolution options. PAVE’s articles on dispute resolution and procedural safeguards offer practical guidance for understanding available options and next steps.

If a concern involves disability discrimination, an Office for Civil Rights (OCR) complaint may also be an option.

Learn More

The Governor’s Office of the Education Ombuds (OEO) provides information about Discipline, Suspensions, and Expulsions, and options for resolving concerns when families disagree with school decisions.

Schools are guided by the state to use best practices when evaluating and serving students with special needs. OSPI’s Model Forms for Services to Students in Special Education webpage has links to downloadable forms schools use to develop IEPs, Section 504 Plans, and more, including:

PAVE provides a Behavioral Health Toolkit that includes a video to support development of a Behavior Intervention Plan (BIP).

The Office of Special Education Programs (OSEP) issued guidance in July 2022 that describes federal work underway to improve behavioral supports and reduce disciplinary removal of students receiving special education services. OSEP’s Dear Colleague Letter includes links to a Q and A document about disciplinary requirements and A Guide for Stakeholders.

Choosing Colleges for Success: Finding Schools That Pay Attention

Posted on by Nicol Walsh

The Individuals with Disabilities Education Act (IDEA) does not apply to education after high school, but Section 504 (“504 plans”) and the Americans with Disabilities Act (ADA) still apply. However, unlike high school, the process of getting accommodations is different, and the student (not the parent or the post-secondary program) is fully responsible for requesting them. You can find more details in this PAVE resource article: Requesting Accommodations in Post-Secondary Education or Transitioning Rights and Accommodations from IDEA to ADA and 504.

Brief Overview

  • The Individuals with Disabilities Education Act (IDEA) does not apply to education after high school (post-secondary education).
  • All post-secondary schools which receive federal funds must provide equitable access to their educational program based on Section 504 and the Americans with Disabilities Act (ADA)
  • Since almost all post-secondary schools use federal student aid, students and their parents and guardians usually have no difficulty finding schools where these laws apply
  • For secondary education that’s even more disability-friendly, they may want to find schools that use universal design to create courses and deliver instruction
  • This article includes ways to check how “user-friendly” a school or program is for a student with disabilities.

This article focuses on what potential students and their parents or guardians can learn about a college or other post-secondary program, to help them find a “user-friendly” school where a student with a disability can thrive.

Good places to start looking for colleges are Think College’s College Seach, which lists postsecondary education programs for students with intellectual disability, the Campus Disability Resource Database, which lists disability-related information for colleges in the US, or Collegexpress’s listing of schools that have special programs for students with learning disabilities. One thing to look for is how many amenities and accommodations they make for all types of students. Schools that pay attention to the needs of all their potential students let you focus your efforts on doing your best job.

The questions and strategies below can usually be answered with an exploration of the college’s website, or by contacting staff in Admissions, Student Services, or Disability Services departments.

How accessible is the website? If the school hasn’t bothered to make their website accessible to individuals with disability, will their campus and instruction be any better? Schools that accept federal funding (such as student financial aid) should have a website that complies with federal accessibility laws.

  • If you use screen-reader technology, decide whether the website works well with your hardware and software.
  • If you use the keyboard rather than a mouse, try the “tab key test” (press the tab key) to navigate through the website’s links and fields—if you do not see a visible focus ring around each element, the website is not accessible.
  • You can copy the school’s URL and go to wave.webaim.org and paste the school’s URL into the box. You’ll get screenshots of the school’s website page with lots of colored icons.  See how many of the items listed are ERRORS – if it’s more than 10 or 15, it’s not a good sign.

Is there a separate disability services office? How many professionals work in that office? Is the director of that office a member of AHEAD (Association on Higher Education and Disability)? If it’s a large school it’s not a good sign if a school assigns disability support to a single individual. If the director is a member of AHEAD, the professional organization for disability support specialists, you know that they follow the best practices in the field and have resources to influence faculty and college administrators to become more inclusive.

Does the website mention anything about students with disabilities anywhere else besides the section on Disability Support Services? Do school administrators and faculty support Universal Design for Learning (UDL)? The use of UDL means that school administration and faculty are committed to providing for the widest possible range of abilities. That means physical ease of access, alternative ways of teaching, flexibility in how student work is evaluated, and making sure that students have multiple ways to learn course materials.  It’s a lot of work to implement, so if a school has this process in its programs, it’s a very good sign.  UDL doesn’t entirely eliminate the need for certain accommodations, but for some issues it may mean that you won’t need accommodations in your classes.

To check a college’s commitment to universal design, search “UDL” and/or “Universal Design” on their website.  Alternatively, make a phone call to Academic Affairs (in charge of faculty and instruction), Student Services, and/or Disability Services and ask if administrators and faculty at the school are familiar with UDL or have implemented it in any way.

What are the admission requirements? Are they flexible? For example, instead of an admissions essay, could you submit a video of yourself answering the questions posed in the essay requirements? Admissions flexibility that’s already in place lets you know that the school is open to alternate ways of doing things and possibly more inclusive.

What services and equipment, such as adaptive technology, does the college typically provide to students with disabilities? Who provides them? Where can services and equipment be used? Will you need to use separate equipment/software to access/research in the library? Generally, schools don’t have to provide services and/or equipment for your personal study time. Some schools do have technology that you can borrow for short periods for personal use.

What modifications have faculty and administrators made in the past for students with disabilities? Ask for some honest feedback from administration, alumni, and professors. Have some faculty not understood their obligations to provide accommodation? Are certain types of adjustments more acceptable than others?

If the school offers online courses, or is online entirely, ask to get a temporary guest log-in to try out the school’s online learning platform, student “gateway”, and other software used for online access. E-learning platforms are supposed to be accessible by law—but accessible isn’t always the same as user-friendly.

An example of a school where it’s important to be disability-and-user friendly is the University of Washington. Searching for “universal design” on their website brings up pages and page—which is not surprising because UW is one of the universities that pioneered the use of universal design in post-secondary education! There is training for faculty on how to design or re-design courses to include universal design, and on how to understand and implement accommodations needed under Section 504 and ADA.

PAVE has many other resources for high school students planning their futures. Search our website by typing “high school transition” into the search bar.

Online – P2P Lunch & Learn: Lifespan Respite of Washington

October 21 @ 12:00 pm – 1:00 pm PDT

REGISTER – Join us as we welcome Barb Koumjian of Lifespan Respite of Washington.This program offers a voucher (small grant) for unpaid family caregivers who support a family member, friend, or neighbor who needs assistance with daily living activities.  The voucher is used to pay for services or programs that allow the caregiver to have respite, or short breaks from caregiving tasks. Lifespan Respite vouchers are for temporary short-term respite. 

The P2P Lunch-n-Learn is a dedicated time for parents, caregivers, and providers to access presentations and training from PAVE programs and local Pierce County service providers.

Presentation/training topics will vary based on the expressed needs of families in the local community. This group takes place during lunchtime, allowing parents to learn while enjoying a meal in a relaxed and informal setting. REGISTER

Free

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School to Adulthood: Planning for Life after High School

Posted on by Nicol Walsh

For families supporting a young person with a disability, it’s never too soon to begin planning for the years after high school. Post-secondary transition planning is the process of getting ready for life after graduation.

A Brief Overview

  • Transition planning helps students with disabilities prepare for life after high school by exploring goals, building skills, and learning about education, employment, and community options.
  • In Washington State, all students are required to complete a High School and Beyond Plan (HSBP), usually beginning in middle school, as part of graduation requirements and transition planning.
  • Students with an Individualized Education Program (IEP) must have a transition plan with individualized Transition Services by the school year in which a student turns 16.
  • Students remain eligible for special education until they earn a diploma or reach age 22 and may participate in graduation ceremonies at the end of their senior year, regardless of when they will earn a diploma, under Kevin’s Law.
  • At age 18, legal responsibility for education transfers to the student, and schools must explain these rights ahead of time. For students who need help making or understanding decisions, families can continue to support them through options such as being invited to the IEP team, Supported Decision Making (SDM), or, when needed, legal arrangements like Power of Attorney or guardianship.
  • PAVE provides a Transition Planning Timeline in this article, available for download in multiple languages.

What is Post-Secondary Transition planning, and why is it important?

Transition planning benefits both families and students by:

  1. Letting them know about options and resources for an adult with disabilities
  2. Giving students time to think about their future and develop goals
  3. Allowing students to practice self-advocacy and self-determination, two skills adults need to be as independent as possible

Transition planning is so important that the Office of the Superintendent of Public Instruction (OSPI) requires all students to complete a High School and Beyond Plan (HSBP), usually beginning in seventh grade, in order to graduate. OSPI also provides a summary of transition supports and services to help students, families, and caregivers understand how transition planning aligns with the HSBP. Several Washington state agencies worked together to create a downloadable guidebook that explains how required school plans fit together: Guidelines for Aligning High School & Beyond Plans (HSBP) and IEP Transition Plans.

Transition Planning in the IEP

The right to a Free Appropriate Public Education (FAPE) includes the right to school-based services that prepare a young person with a disability for adult life. These services include planning for life after high school. For students who have an Individualized Education Plan (IEP), the transition plan is the document that will describe those planning goals and the steps a student will take to reach them. The IEP must include a Transition Plan with individualized Transition Services by the school year in which a student turns 16.

When a Transition Plan is added to the IEP, the focus shifts toward goals for life after high school. Families and students can help guide planning by considering three key questions:

  1. Where am I now?
    Consider strengths, interests, and current skills. These are often described in the IEP’s Present Levels of Performance.
  2. Where do I want to go?
    Think about dreams and post-secondary goals for education, work, and living.
  3. How do I get there?
    Consider courses, transition services, activities, supports, accommodations, and community connections.

When a transition plan is ready to review for completeness, students and families can ask these questions:

  • Is the transition plan age appropriate? (IEP transition plans can be updated as the student gets older).
  • Is information used to develop the plan gathered from more than one assessment? (This may include both informal and formal assessments.)
  • Do the post-secondary goals consider all areas of life after high school, including employment, further education, independent living, and community engagement?
  • Are goals SMART: Specific, Measurable, Achievable, Relevant and Timely?
  • Is there a target graduation date included in the IEP?

Student Self-Advocacy

As students move toward adulthood, opportunities to practice skills of self-advocacy and self-determination become increasingly important. One way to build these skills is to encourage students to participate actively in their IEP meetings. PAVE provides a student-friendly article on this topic: Attention Students: Lead your own IEP meetings and take charge of your future.

The RAISE Center (National Resources for Advocacy, Independence, Self-determination and Employment) has a blog with transition-related news, information, ideas and opinions.

Families can help a student envision the future and start to see how to get there through conversations at home. There are a variety of tools available to aid this process, including:

Informing Families offers LifeCourse: High School Transition Toolkit, available for download in English and Spanish.

Graduation Requirements

To earn a high-school diploma in Washington State, students must:

The graduation standards for a student eligible for special education are the same as for other students. In our state, a district’s flexibility in determining which students meet those requirements comes from the Washington Administrative Code (WAC 180-51-115). Each school district has its own policy, and families can request a copy.

Each school district determines the precise guidelines for students to meet the requirements of the High School and Beyond Plan, and some schools use tools with different names. A good way to participate in making sure your student has a robust plan is to become familiar with the state-recommended format and then compare this tool to your school’s requirements and the student’s specific IEP programming.

A student remains eligible for special education until graduation requirements are met, and the student has earned a high school diploma (WAC 392-172A-02000), or until age 22. The student’s IEP team determines the student’s graduation plan, including the planned graduation date.

Students with disabilities seeking a diploma through General Educational Development (GED) testing may be eligible for testing accommodations. A website called Essential Education lists disability conditions that may qualify a person for testing supports.

In the meantime, a student can participate in commencement ceremonies at the end of a traditional senior year, with peers, under a Washington provision called Kevin’s Law. Families may want to plan well in advance with school staff to consider how senior year events are accessible to youth with disabilities. Plan early for needed accommodations at senior year events.

Agencies that Can Help with Transition Planning

Washington State’s Division of Vocational Rehabilitation (DVR) provides services for high-school students engaged in transition planning as well as adults seeking employment. Each school is assigned a DVR counselor to assist with pre-employment training. Department of Health and Human Services (DHHS) provides a list of school DVR counselors, including their names and phone numbers. Youth and families may also receive pre-employment counseling through an Apple Health (Medicaid) program called Foundational Community Supports.

DVR’s website includes a section with information about Tribal Vocational Rehabilitation (TVR), which is available for people with tribal affiliations in some areas of the state. Each TVR program operates independently. Note that some TVR programs list service areas by county, but that sovereign lands are not bound by county lines. Contact each agency for complete information about program access, service area, and eligibility.

Center for Deaf and Hard of Hearing Youth (CDHY) provides services for individuals who are deaf or hard of hearing. This statewide resource supports all deaf and hard of hearing students in Washington, regardless of where they live or attend school.

Washington’s Department of Services for the Blind (DSB) provides services for individuals who are blind or living with low vision. Youth services, Pre-Employment Transition Services (Pre-ETS), Vocational Rehabilitation, Business Enterprise Program, mobility, and other independent-living skills are served by DSB.

Developmental Disabilities Community Services (DDCS, formerly the Department of Developmental Disabilities or DDA) also has a variety of school-to-work and waiver programs that support youth. PAVE offers a video to support families through the DDCS eligibility process. An article gives further detail: How to Prepare for a DDA Assessment.

Not all youth with disabilities are able to access employment-related services through DVR, TVR, DSB, or DDCS. A limited additional option is Goodwill’s Digital Work Opportunity Center. Students can take classes at their own pace for skills development. Employment skills, workplace readiness, interviewing skills, and more, are part of the training materials.

Transition Planning Timeline

Check these milestones to ensure high school paves a pathway for young adult success and achievement:

Ages 13-14: Student begins a High School and Beyond Plan (HSBP) in middle school.

Ages 15-16: IEP includes a transition plan aligned with the HSBP. The student is a member of the IEP team, which plans a pathway toward a diploma and target graduation date.

Age 16: Get a state identification card. Consider Pre-Employment Transition Services from DVR/TVR/DSB or School-to-Work planning with DDCS.

Ages 17-18: Coursework, IEP, HSBP, DDA/DVR/TVR all support student’s life goals and progress toward a diploma.

Age 18: Register to vote! Participate in commencement and senior year activities, regardless of when the diploma is earned.

Ages 18-19: Student may continue education in a high school transition program.

Ages 20-21: Student earns a diploma. They may apply for individualized employment support from DVR/TVR/DSB or DDA.

High School Transition Timeline (English)

Download the Transition Planning Timeline
English

When a Student Turns 18

A student takes charge of educational planning and programming at the Age of Majority, which is 18 in Washington. According to the Washington Administrative Code (WAC 392-172A-03090), “Beginning not later than one year before the student reaches the age of 18, the IEP must include a statement that the student has been informed of the student’s rights under the act, if any, that will transfer to the student on reaching the age of majority.”

When a person 18 or older has a disability, family members may want to stay involved in helping them make decisions. They have a few options if they wish to continue to have rights to participate in their child’s education:

  1. The student can choose to include “other individuals who have knowledge or special expertise regarding the student” on the IEP team (WAC 392-172A-03095).
  2. Supported Decision Making (SDM) is a voluntary option that allows adults with disabilities to choose trusted supporters while retaining their legal rights. Washington law (Revised Code of Washington, RCW 11.130) includes SDM as an option under the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.
  3. More formal options, which may involve legal actions on the part of the family include Adult Guardianship and Conservatorship, Informed Consent (medical), Power of Attorney, and several options for handling finances.

Families should clearly understand what roles and powers parents will retain under any arrangement with the school. Without guardianship or Power of Attorney, the student will need to sign consent for parents to attend meetings, participate in decision-making, and access records.

For youth who struggle with behavioral health, transitions can trigger some additional challenges. These resources may provide some helpful tips:

Student Rights after High School

An IEP ends when a student leaves secondary education. However, the protections of the Americans with Disabilities Act (ADA) and of Section 504 of the Rehabilitation Act of 1973 are ongoing throughout the lifespan.

These laws provide for appropriate accommodations in public programs and facilities. The IEP accommodations page or Section 504 Plan may be shared with colleges, training programs, or employers to help ensure these protections continue. The disability services office at institutions for higher learning includes a staff member responsible for ensuring that disability rights are upheld. PAVE’s College Readiness Workbook includes articles, tools, and worksheets to help students prepare for college, understand disability supports, and request accommodations.

Graduation’s over: Why is school calling?

Schools are responsible for tracking the outcomes of their special education services. They need to ask about a graduate’s life after High School to do so. Here’s an article to help families get ready to talk about how things are going: The School Might Call to Ask About a Young Adult’s Experience After High School: Here’s Help to Prepare

Benefits Planning and Adult Services

A consideration for many families of a youth with disabilities is whether lifelong benefits are needed. Applying for Supplemental Security Income (SSI) just past the young person’s 18th birthday creates a pathway toward a cash benefit and enables the young person to access Medicaid (public health insurance) and various programs that depend on Medicaid eligibility.

The Washington Initiative for Supported Employment (WISE) provides benefit planning information and resources.

Explore Related Tools and Resources

PAVE offers a training video to help you understand the transition process, Life After High School: Tools for Transition, also available in Spanish (La Vida Después de la Preparatoria – Herramientas para la Transición).

PAVE provides a printable Planning My Path Toolkit for youth and young adults that includes:

Students experiencing disabilities can get personalized support from PAVE by filling out a Support Request or call 1-800-572-7368.

Evaluations Part 2: Next Steps if the School Says ‘No’

Posted on by Nicol Walsh

Families may feel uncertain or discouraged when a school denies a request for special education evaluation or finds a student ineligible for services. Fortunately, there are steps families can take to respond, seek clarification, and continue advocating for their child’s needs. Understanding available options and protections can help families take informed action and make decisions that support their child’s access to appropriate educational services.

A Brief Overview

  • If the school denies a request for a special education evaluation or does an evaluation and determines a student is ineligible for services, families have options.
  • Schools must issue a Prior Written Notice (PWN) explaining their decision to evaluate or deny a request.
  • Students who do not qualify for an IEP may still be eligible for a Section 504 Plan.
  • Procedural Safeguards provide a specific process for special education and offer families the right to file formal complaints when they disagree with school decisions.
  • When there is a dispute about a district’s evaluation, one option is to request an Independent Educational Evaluation (IEE) from a provider outside of the school district. This article includes a downloadable sample letter in multiple languages to help with that process.
  • PAVE supports students and families navigating educational services. Click Get Support at wapave.org to request 1:1 support.

Introduction

Parents have a variety of choices if the school denies a request to evaluate a student for special education, or if the school does an evaluation and finds the student ineligible for services through an Individualized Education Program (IEP). These decisions can feel discouraging, but they do not mark the end of the road. Under the Individuals with Disabilities Education Act (IDEA) and its implementation through Washington Administrative Code (WAC 392-172A), families have the right to challenge decisions, seek clarification, and request further evaluation. Understanding these options can help families take informed next steps and ensure that their concerns are heard and addressed.

Ask for the Decision in Writing

The school is required to respond through a formal letter, called Prior Written Notice (PWN), to explain its rationale for moving forward with an evaluation or denying the request. If the explanation is unclear or lacks detail, families can ask for a more complete written response. Schools may not deny an evaluation based on internal resource limitations or staffing challenges. According to the Child Find Mandate of IDEA, schools are obligated to evaluate any student with a known or suspected disability, regardless of whether other classroom supports are being used. For example, schools may implement approaches like Response to Intervention (RTI) to support learning, but these methods cannot be used to postpone or deny assessment when a disability is suspected.

Request a Meeting

Discussing a student’s difficulties in a meeting, in-person or virtually, can help school staff understand a parent’s level of concern. A district representative, such as a director of special education, can provide insight about the process and additional options. Parents can invite anyone they would like to attend who has knowledge of the student, including a support person to take notes and help track the conversation.

Is a Section 504 Plan Appropriate?

If a student has a known disability, with some educational impacts, but there is no documented need for Specially Designed Instruction (SDI) and/or related services, the student might qualify for accommodations provided through a Section 504 Plan.

Section 504, which is part of the Rehabilitation Act of 1973, defines disability as an impairment that impacts a major life activity. A formal evaluation is helpful but not required, and parent involvement is best practice. The team asks:

  1. Does the student have a disability?
  2. Does the disability limit one or more major life activities?

If the answer to these two questions is yes, the school can develop a plan to support the student within the general education setting. Assistive technology and modifications to the curriculum can be part of the plan, which includes individualized accommodations to ensure the student is able to access school in ways that are equitable. PAVE provides an article with more information about Section 504.

Options When Resolution Requires More Support

Families are protected by Procedural Safeguards, which outline a specific processes for resolving disagreements in special education. When informal conversations don’t lead to resolution, options such as mediation, community complaint, and due process may be appropriate. PAVE’s article, When Parents and Schools Disagree: Navigating Special Education Disputes, offers clear guidance on these pathways and what to expect. 

If a school denies a request for a specific evaluation, such as a Functional Behavioral Assessment (FBA) or an assistive technology evaluation, families can still pursue dispute resolution options. These types of assessments may be essential for understanding a student’s behavioral needs or identifying tools that support access to learning. Requests for these evaluations are protected under the same legal framework as other special education decisions, specifically the procedural safeguards.

The Office of Superintendent of Public Instruction (OSPI) provides assistance to navigate these processes through a Special Education Parent Liaison, and families may also seek help from the Governor’s Office of the Education Ombuds for collaborative problem-solving. For personalized assistance, PAVE supports students with disabilities and their families. Click Get Support at wapave.org to request 1:1 support.

Request an Independent Education Evaluation (IEE)

Families who disagree with a school district’s evaluation results have the right to request an Independent Educational Evaluation (IEE) conducted by a qualified professional outside the district. An IEE can offer additional information that may support the need for Specially Designed Instruction (SDI) and/or related services.

If the school district denies a request for an IEE at public expense, the district must initiate a due process hearing within 15 calendar days to show that its evaluation was appropriate.

When an IEE request is accepted, the school district provides a list of independent evaluators. Parents have discretion to call each one or to seek an alternative evaluator at their own expense before choosing who will evaluate the student. The school must consider the results of the IEE when deciding whether the student qualifies for special education programming.

Sample Letter to Request an IEE

Download the Sample Letter to Request a Functional Behavioral Assessment (FBA) in:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Ukrainian українська | Vietnamese Tiếng Việt

Families can email the IEE request letter, send it by certified mail (and keep the receipt), or hand carry it to the district office and request a date/time receipt. It is important to keep a copy of this letter and all school-related correspondence in the student’s home records. Organizing with a binder or a filing system helps with keeping track of all letters, meetings, conversations, etc. These documents will be important for student throughout their educational career and beyond, including when they transition out of school.

Final Thoughts

When a school says “no,” it can feel like a door has closed—but that moment can also mark the beginning of a more empowered path forward. Each action a family takes is a meaningful expression of care and commitment. Family caregivers should trust their instincts, lean on trusted resources, and reach out for support. Persistence paired with informed choices can lead to real change and this journey is about more than advocacy—it’s about championing a child’s right to thrive.

Learn More

PAVE Provides Sample Letters to Support Families in their Advocacy

Posted on by Nicol Walsh

PAVE offers a collection of downloadable sample letters, available in multiple languages, to help families advocate for their children’s educational needs. These letters support clear and effective communication between families and schools, making it easier to request evaluations, meetings, or behavioral support. Whether you’re just getting started or need help with a specific concern, these tools can guide your next steps.

What is an Advocate?

An advocate is someone who works toward a cause or goal. While professional advocates may be trained to support others, family caregivers often become advocates themselves when they speak up for a child’s needs. Sometimes the hardest part of advocacy is figuring out what to do next. When a child has unmet needs at school, students and family advocates can request evaluations, meetings, or behavioral assessments to help improve services. Putting these requests in writing helps formalize the process and ensures that everyone involved is accountable.

PAVE helps families get started with a collection of sample letters, available for download in multiple languages. We’ve bundled links to those letter templates here for easy reference. Each link takes you to a short article with key information to help you understand the process of special education and how your customized letter can move you forward in that process.

Always Keep Your “Why” in Mind

Why are you taking action? Because you want something to improve for your child! PAVE’s short video, Quick Start Your Advocacy in Two Steps, might help you get ready to craft a letter. The video helps you ask two key questions:

  • What do you want?
  • Who has the power to work with you and make that happen?

As you write your letter, keep those questions and your “why” top of mind.

Request an Evaluation

Sample Letter to Request Evaluation: Schools are required to evaluate students to determine eligibility for a Section 504 Plan or an Individualized Education Plan (IEP). A referral can come from anyone with knowledge of the student and must be in writing. This article provides a sample letter and a link to an alternative form provided by the Office of Superintendent of Public Instruction (OSPI).

Download the Sample Letter to Request an Evaluation in:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Ukrainian українська | Vietnamese Tiếng Việt

Request an IEP Meeting

Sample Letter to Request an IEP Meeting: Family members can request an IEP team meeting anytime there are concerns about how the IEP is being implemented and whether a student may have unmet needs. This article includes information about who is required to attend an IEP meeting and the rights of parents to participate in educational decision making.

Download the Sample Letter to Request an IEP Meeting in:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Vietnamese Tiếng Việt

Request a Functional Behavioral Assessment

Sample Letter to Request a Functional Behavioral Assessment: If a child’s behavior is getting in the way of their education, the school is responsible to assess the problematic behaviors and develop a support plan to teach the student what to do instead. In addition to a sample letter, this article provides a link to a video to help families and schools work together through this process.

Download the Sample Letter to Request a Functional Behavioral Evaluation in:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Ukrainian українська | Vietnamese Tiếng Việt

Request an Independent Educational Evaluation (IEE)

Evaluations Part 2: Next Steps if the School Says ‘No’: If the school evaluates a student and says they aren’t eligible for an IEP or a specific area of service, parents have steps they can take if they disagree. One option is to request an Independent Educational Evaluation (IEE) from an outside provider. This article provides a sample letter for requesting an IEE at school district expense. If the family requests an IEE because they disagree with the school’s evaluation or its conclusions, then the district must pay for the IEE or deny the request through Due Process: IEE denials are evaluated by an Administrative Law Judge.

Download the Sample Letter to Request an Independent Educational Evaluation (IEE) in:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Ukrainian українська | Vietnamese Tiếng Việt

Final Thoughts

Families who want individualized assistance can reach out to PAVE by completing the Get Support  form. Check out the PAVE Calendar for upcoming trainings and events.

Disability History Month Provides Opportunities for Reflection

Posted on by Nicol Walsh

The history of disability rights shows how people with disabilities have worked hard to get equitable access, fair treatment, and meaningful inclusion. Key laws and strong community voices have helped shape education and civil rights. Today, it is as crucial as ever to learn, speak up, and work together to build a more inclusive society.

A Brief Overview

  • October is Disability History and Awareness Month in Washington State (RCW 28A.230.158). This month helps people learn about disabilities, raise awareness, promote respect and acceptance, and build pride among individuals with disabilities.
  • Federal and state laws, along with court decisions, have helped students with disabilities go to public school, get the services they need, and be included in general education whenever possible.
  • State law requires public schools to teach students about disability history and help them understand what it means to live with a disability.
  • Parent Centers like PAVE help families and individuals understand disability rights. To find a Parent Center outside of Washington State, visit Find My Center on the Center for Parent Information and Resources (CPIR) website.

Celebrating the History of Disability Rights

Disability History and Awareness Month in October is a time for students, families, teachers, and community leaders to remember and learn about the disability rights movement. Equity and access are protected by law, but there is still work to be done to make sure that laws are followed so that everyone has fair access to opportunities.

Organizations like PAVE help families and individuals understand disability rights. They also explain how history has shaped today’s laws, including the words we use when we talk about disability rights.

Below is a timeline of key actions at the state and federal level.

Please note that this article is an overview and does not include every law or court case from the long history of disability rights.

1954​: Brown v. Board of Education​ of Topeka

This landmark Supreme Court case was brought by families who challenged racial segregation in public schools. In Brown v. Board of Education of Topeka (1954), the Court ruled that separating students by race was unfair and violated the 14th Amendment’s promise of equal protection under the law.

‘Separate but equal’was outlawed, and equal educational opportunities became a right of all citizens. ​

The decision helped establish the principle that all students deserve equal educational opportunities. It became a foundation for future disability rights cases. Advocates used this ruling to argue that students with disabilities also have the right to attend public schools and receive a fair education.

1964​: Civil Rights Act​

The Civil Rights Act of 1964 was a major law that helped protect people from discrimination. It made it illegal for state and local governments to deny access to public places, like schools, parks, and libraries. This law confirmed that equality is a legal right, and that discrimination is against the law.

It also helped desegregate public schools and gave the U.S. Attorney General the power to take legal action against schools or other public agencies suspected of breaking the law. It also stated that agencies that didn’t follow the law could lose their federal funding.

1971: Washington guarantees special education rights

In 1971, the small but fierce Education for All Committee — Evelyn Chapman, Katie Dolan, Janet Taggart, Cecile Lindquist — worked with two law students to craft and advocate for passage of legislation (House Bill 90) to mandate public education for all children with disabilities age 3–21. HB 90 became Chapter 66 of the Laws of 1971, entitled Educational Opportunities for Handicapped Children, generally referred to as the Education for All Act. Washington’s special education law is now codified at RCW 28A.155. 

1972: Key precedents are established in other states

In P.A.R.C. v. Commonwealth of Pennsylvania (1971)*, a group of parents went to court to fight for their children’s right to go to public school. At the time, some schools didn’t allow children with disabilities to attend. The court decided that all children, no matter their abilities, have the right to a free public education.

A few months later, Mills v. Board of Education of the District of Columbia (1972) built on the P.A.R.C. decision. In Mills, the court found that education should not only be free and accessible to all students, but also suitable for each child’s needs. These two cases helped establish the principle that all children, regardless of ability, have the right to attend public school and receive an education suited to their individual needs.

To learn more about how individuals with intellectual disabilities gained education rights through these landmark cases, visit Disability Justice.

*Note: PAVE recognizes that past terminology has contributed to stigma. We are committed to using inclusive, disability-affirming language that reflects the preferences of individuals and communities, including identity-first and person-first approaches.

1973: The Rehabilitation Act

The rights of people with disabilities to get the help they need in order to be successful in school, at work, and in any public place or program was firmly established by the federal Rehabilitation Act of 1973. This federal law that is still active today and enforced by the Office for Civil Rights at the U.S. Department of Education. Part of it, Section 504, defines a disability as any condition that seriously affects a major life activity. If a student has a physical or mental condition that meets this definition, the school must follow the law and provide support to help the student access their education and participate in school activities.

1975: The Education for All Handicapped Children Act

In 1975, the U.S. passed the Education for All Handicapped Children Act, the first federal law focused on the education of children with disabilities. It required public schools to give students with disabilities equal access to free educational programming, along with evaluations, a specific learning plan, and input from parents. The law said that special education should emulate the learning experiences of students without disabilities as closely as possible. This means that students with disabilities have the right to a school experience that looks as much like a typical student’s program as possible. It also introduced the idea of the Least Restrictive Environment (LRE), encouraging schools to work harder to include students of many abilities in general education classrooms. To help families resolve disagreements with the school, the law outlined required dispute resolution procedures. Parents are given information about their rights through Procedural Safeguards that are shared at IEP and other official meetings.

1979: PAVE began as one of the country’s first six parent centers

Pierce County was among six locations across the country to receive training in Special Education rights. In 1979, thirty Washington parents received training on Special Education law. The goal was for those parents to share information throughout the state. To help this movement, a clearinghouse named Closer Look provided intense training for these pioneering parents about the laws. Closer Look evolved in the National Information Center for Children and Youth with Disabilities (NICHCY), and much of that work has been updated and preserved by the Center for Parent Information and Resources (CPIR), the current technical assistance center for PAVE and other parent centers across the country. CPIR continues to provide free information to professionals and parents about education rights under federal law.

To connect with a Parent Center outside Washington State, visit Find My Center on the Center for Parent Information and Resources (CPIR) website.

1981: Federal waiver program enables more children to get help at home

The federal government created a system through Medicaid to provide a new way to care for children and adults with disabilities in their homes. This system introduced a funding option called a waiver, which helps pay for in-home support. Once the first state Medicaid agency applied for and received a waiver from the federal government, other states began to apply. As a result, thousands of children who might have lived in hospitals or institutions in the past are now able to live at home. PAVE’s Family to Family Health Information Center is part of a nationwide Family Voices community that helps families understand and apply for these waivers and manage other aspects of care for their loved ones with disabilities and complex medical needs.

1988: Washington State recognizes the capacity of all persons

The Washington legislature passed RCW 71A.10.015 to recognize “the capacity of all persons, including those with developmental disabilities, to be personally and socially productive.

“The legislature further recognizes the state’s obligation to provide aid to persons with developmental disabilities through a uniform, coordinated system of services to enable them to achieve a greater measure of independence and fulfillment and to enjoy all rights and privileges under the Constitution and laws of the United States and the state of Washington.”

1990: Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) protects people from disability discrimination by the federal and state governments, including public schools. It also applies to all schools, workplaces, and any public or private place that offers goods or services to the public. The law covers people of all ages, including those who are treated unfairly because they are perceived to have a disability, even if they don’t have one.

Many ADA protections are like those found in Section 504 of the Rehabilitation Act of 1973. Both laws focus on equity and access, and they protect people with disabilities throughout their lifespan.

Understood.org offers resources for parents to learn about ADA protections in schools, including printable fact sheets. The U.S. Department of Justice provides an ADA Information Line to answer questions and help people report possible violations of the law. The Office for Civil Rights also provides guidance for students with disabilities as they plan for post-high school education programs.

1990: Individuals with Disabilities Education Act (IDEA)

The Education for All Handicapped Children Act was renamed and enacted as the Individuals with Disabilities Education Act (IDEA) in 1990. Free Appropriate Public Education (FAPE)came into being, which is still key to how schools support students with disabilities. FAPE means that every child with a disability has the right to an education that helps prepare them for further learning, work, and life. The law also protects the rights of students and their parents or guardians. Schools are required to check if a student’s program is working and make sure the student is making progress.

IDEA is an entitlement law, which means students with unique needs must get support based on their individual situation—not just what’s already available. This federal law guides how each state creates its own special education rules. In Washington State, those rules are found in the Washington Administrative Code (WAC), specifically in chapter 392-172A. Title 34, Part 104, is a federal rule that protects people from discrimination and is enforced by the Office for Civil Rights. 

1992: Rehabilitation Act Amendments

Amendments to the 1973 Rehabilitation Act focus on the abilities and choices of persons with disabilities. These changes challenge service systems and communities to support individuals as they work, live, and participate in the community. The Amendments are guided by the idea of a presumption of ability. This means that every person with a disability, regardless of the severity of the disability, can achieve employment and other rehabilitation goals, if they have the right services and support.

The primary responsibilities of the vocational rehabilitation system include:

  • Help individuals with disabilities make informed choices about jobs that lead to integration and inclusion in the community.
  • Develop an individualized rehabilitation program with the full participation of the person with a disability.
  • Match a person’s needs and interests with appropriate services and supports.
  • Work closely with other agencies and programs, including school districts, to build a strong and unified support system.
  • Focus on quality services and ensure service representatives honor the dignity, participation, and growth of each person as they explore employment options.

2000: Settlegoode v. Portland Public Schools

In 2000, the case of Settlegoode v. Portland Public Schools helped bring attention to the rights of teachers who work in special education. A former special education PE teacher filed the lawsuit after being fired for speaking up about problems with how IEPs were being followed. The court ruled that appropriate staff training is an important part of FAPE and that school staff have the right to stand up for students without being punished.

2004: IDEA Amendments

Congress updated IDEA by passing the Individuals with Disabilities Education Improvement Act (IDEIA) in 2004. Some parts of the law were changed to match the goals of the 2001 No Child Left Behind Act. Here are a few examples of updates:

  • IDEIA allowed 15 states to try out 3-year IEPs when parents agreed every year as a pilot program.
  • Based on a report of the President’s Commission on Excellence in Special Education, the law changed the requirements for evaluating children with learning disabilities.
  • New rules were added about how schools handle discipline for students in special education. These updates continue to shape discipline policies in Washington State.
  • The law strengthened the idea of Least Restrictive Environment (LRE), saying students should learn in regular classrooms with extra help and services, “to the maximum extent appropriate.”

2008: Washington schools are required to celebrate disability history each October

Washington State passed a law to create Disability History and Awareness Month (RCW 28A.230.158), which takes place every October. The legislature explained that: “annually recognizing disability history throughout our entire public educational system, from kindergarten through grade twelve and at our colleges and universities, during the month of October will help to increase awareness and understanding of the contributions that people with disabilities in our state, nation, and the world have made to our society. The legislature further finds that recognizing disability history will increase respect and promote acceptance and inclusion of people with disabilities. The legislature further finds that recognizing disability history will inspire students with disabilities to feel a greater sense of pride, reduce harassment and bullying, and help keep students with disabilities in school.”

2012: Employment First in Washington State

The Washington legislature passed Senate Bill 6384 to create Employment First requirements people age 21 and older who receive services through the Developmental Disabilities Administration (DDA). The law states, “The program should emphasize support for the clients so that they are able to participate in activities that integrate them into their community and support independent living and skills.”

The legislation:

  • Supports employment as the first choice for adults of working age.
  • Incorporates the right to transition to a community access program after nine months in an employment service.
  • Clarifies that a client receive only one service option at a time (employment or community access).

A DDA Policy Document describes the history behind the law and the rules for how it would be implemented.

2013: Doug C. v Hawaii

In Doug C. v. Hawaii (2013), the court ruled that parents must be included in the IEP. The lawsuit was filed in behalf of a parent who was not included in a school meeting at which important decisions were made about their child’s IEP. The decision confirmed that families have a legal right to be part of planning their child’s education and that schools must make sure parents and guardians are involved.

2015: Every Student Succeeds Act (ESSA)

In 2015, Congress passed the Every Student Succeeds Act (ESSA) to update the Elementary and Secondary Education Act (ESEA), which had been the nation’s main education law for over 50 years. ESSA says that every child in the United States has the right to a free public education “to ensure that every child achieves.”

The law:

  • Protects the rights of disadvantaged and high-need students.
  • Requires for the first time that all students be taught to high academic standards that prepare them for college and careers.
  • Provides important information to families, educators, and communities through yearly statewide tests that show student progress toward high standards.
  • Encourages schools to use evidence-based strategies to support learning.
  • Expands access to high-quality preschool.
  • Keeps schools accountable when student groups are not making progress or graduation rates are low.

2017: Endrew F v. Douglas County School District

In Endrew F., the Court ruled that schools must offer an IEP that is reasonably calculated to enable a child to make progress, based on their individual circumstances of disability. The decision rejected the old “de minimis standard,” which allowed schools to offer only minimal progress. Trivial progress is no longer enough.

The ruling emphasized:

  • Grade-level goals for students who can learn in the general education classroom.
  • Parent participation in the IEP process.
  • Higher expectations for student growth under IDEA.

Writing for the Court, Chief Justice John G. Roberts explained that a child making only small gains would be like “sitting idly… awaiting the time when they were old enough to drop out.” The case continues to influence how schools and agencies support students with disabilities, and many professionals encourage families to hold schools accountable to these higher standards.

PAVE provides more information about parent and guardian rights to participate in their child’s education in this article: Parent Participation in Special Education Process is a Priority Under Federal Law .

Download the Disability Rights Timeline

A visual version of the timeline is available as a downloadable infographic to support learning and reflection.

Infographic of the Disability Rights Timeline. Visit wapave.org and type disability History on the search bar to read the article and receive accessible information included in this infographic

View this infographic in PDF form

Sample Letter to Request Evaluation

Posted on by Nicol Walsh

Anyone with knowledge of a student may request a special education evaluation, and Washington State law requires that referrals be made in writing. Schools must respond within specific timelines and provide language access and support throughout the process. Families have the right to participate in all decisions and may dispute outcomes if they disagree. Special education is a service designed to meet individual needs, not a predetermined placement.

A Brief Overview

  • Washington State requires special education referrals to be in writing (WAC 392-172A-03005). Schools must assist individuals who cannot write.
  • Anyone with knowledge of a student can write a referral.
  • The state provides a Referral for Special Education Evaluation form for making a special education referral, available for download in multiple languages from the Office of Superintendent of Public Instruction (OSPI) website. The form is not required—any written request is valid.
  • Another option is to write a referral using the sample letter at the end of this article.
  • Schools are responsible to provide families with a referral form in their native language and to provide qualified interpreters so families can participate in all meetings to discuss their student’s special education eligibility and services.
  • Schools must respond to a referral within 25 school days and provide a Prior Written Notice (PWN) explaining their decision.
  • If the school agrees to evaluate, parent consent is required before the process begins. The evaluation must be completed within 35 school days, and an IEP developed within 30 calendar days if the student qualifies.
  • If a student is found ineligible for an IEP or the school refuses to evaluate, families may dispute the decision using procedural safeguards, request an Independent Educational Evaluation (IEE), or pursue evaluation for a Section 504 Plan.

Introduction

When a student is struggling in school and there is reason to suspect the challenges are disability related, anyone can refer the student for an educational evaluation. If the evaluation shows that the student is eligible, services are provided through an Individualized Education Program (IEP). Washington State requires special education referrals to be in writing, as specified in Washington Administrative Code (WAC 392-172A-03005).

What Schools Must Do After a Referral

If someone who knows the student asks for an evaluation, the school is responsible for:

  • Documenting the request
  • Recording the date the referral was made
  • Providing a referral form in the person’s native language
  • Responding to the request within 25 school days

If the person asking for the evaluation cannot write, the school is responsible for supporting them to complete the referral.

The school must provide a referral form in the native language of the person making the request. Schools are required to provide qualified interpreters to support parent participation in the referral process and for all meetings where a student’s eligibility and/or educational services are discussed. The Office of Superintendent of Public Instruction (OSPI) provides Parent Rights Information Sheets, downloadable in many languages on the Interpretation and Translation Services webpage.

Evaluation Process and Timelines

When a student is referred for a special education evaluation, the school has 25 school days to decide if they will do the evaluation. These are days when students are actually in school. The school must tell the family their decision in writing. This letter is called a Prior Written Notice (PWN), and it follows rules from WAC 392-172A-05010.

Usually, the school and family meet to talk about the referral and how the student is doing. If everyone agrees to move forward, the parents or caregivers sign a form giving permission for the evaluation to begin. Families can ask questions about what the evaluation will include. The school will look at all areas where the student might need help. This helps them understand the student’s strengths and challenges. If the student qualifies for special education, the results will help create a plan called an Individualized Education Program (IEP).

If the school decides not to evaluate and the family disagrees, the family has the right to take steps to solve the disagreement. These steps are explained in the procedural safeguards.

When the school agrees to evaluate the student, staff must promptly seek parent consent to begin the evaluation process (WAC 392-172A-03005).

Generally, parents sign a form that lists what the school will include in its evaluation. Parents can ask for additional areas to be evaluated to make sure the school gets data for all areas of concern. Families can ask for more information about what the evaluation will look like, where it will take place, how long it will take, and who will participate. The school and family can creatively plan the evaluation process if accommodations are needed. For example, if a student isn’t able to attend in-person school, the evaluation can be done in alternative locations.

After a parent signs consent, the school has 35 school days to finish the evaluation and meet with the family to talk about the results. The deadline may be extended if the family agrees, particularly to accommodate needs of the family or student.

The 35-day deadline does not apply if the student is unavailable for the evaluation or enrolls in another school district before the evaluation is finished (WAC 392-172A-03005).

For students found eligible for services, the school develops an IEP within 30 calendar days and requests parent consent for services to begin. The school and family meet to review a DRAFT version of the IEP and write a final version together before consent is signed. School staff provide a Prior Written Notice (PWN) with a summary of the meeting, agreements, and timelines before services start. PWN requirements are described in WAC 392-172A-05010.

How to Refer a Student for Evaluation for Special Education

The Office of Superintendent of Public Instruction (OSPI) is the guidance agency for Washington State. OSPI provides a Referral for Special Education Evaluation form, downloadable in multiple languages from a website page titled, Model Forms for Services to Students in Special Education. Families may use OSPI’s form, a form provided by their school, or their own choice of format to write their request for a student to be evaluated.

Further explanation of the referral and evaluation process is provided on the OSPI website page, Making a Referral for Special Education.

A non-discriminatory evaluation is part of the protections for a student with a known or suspected disability that may significantly impact their access to education (Child Find Mandate). Child Find protections are part of the federal Individuals with Disabilities Education Act (IDEA). Child Find applies whether there are academic and/or non-academic school impacts.

PAVE provides more detail about IEP eligibility and evaluation process: Evaluations Part 1: Where to Start When a Student Needs Special Help at School.

Sample Letter to Request an Evaluation

Below is a sample letter to write a request for a special education evaluation. You can copy and paste the text of this sample letter into your word processor to build your own letter.

Download the Sample Letter to Request an Evaluation in:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Ukrainian українська | Vietnamese Tiếng Việt

The state provides an alternative form, downloadable from OSPI’s website page titled, Making a Referral for Special Education. Your school district is responsible to provide a form, in your language, for you to submit your written request. These formats are your choice—any written request is valid. If you cannot write, you can ask for an evaluation by telling the school and they can write the request with you.

Submit your written request through email, by mail, or by hand delivery, to the special education/special services manager at your school’s district office. You may submit additional copies to school administrators and/or a school psychologist—the person who manages evaluations for your school. Be sure to keep copies of all of your communications with the school in an organized, safe place.

Special Education is a Service, Not a Location

A request for a special education evaluation is NOT a recommendation to remove a student from the regular classroom and move them into an exclusive learning environment. Federal and state laws require that students receive education and services in the Least Restrictive Environment (LRE) to the maximum extent possible to meet their needs. Special Education is a service, while LRE refers to placement. You can read more about this in the PAVE article, Special Education is a Service, Not a Place. Decisions about placement are made by the IEP team, which includes the family. The IEP team is responsible to consider the child’s circumstances and capacities as its top priority—not pre-built programs or district resources. The PAVE article, Parent Participation in Special Education Process is a Priority Under Federal Law, provides detail about parent participation in special education process.

Parents Can Appeal Decisions and/or Seek a 504 Plan

If a student is evaluated and found not eligible for an IEP (or if the school refuses to do an evaluation), the family has the right to dispute the decision using Procedural Safeguards.

If they disagree with the district’s evaluation or its findings, the family may seek an Independent Educational Evaluation (IEE), which is done by an agency outside of the school district. The district must pay for an IEE or deny the request using Due Process. See PAVE’s article: Evaluations Part 2: Next Steps if the School Says ‘No’ to Your Request. The article includes a sample letter to request an IEE.

Another option if a student doesn’t get an IEP is to develop a Section 504 Plan, which accommodates a person with a disability that impacts a major life activity (learning, walking, speaking, writing, socializing…). Section 504 is part of the Rehabilitation Act of 1973, which protects the civil rights of individuals with disabilities against discrimination throughout their lives. See PAVE’s article about Section 504 rights, which also protect students who qualify for an IEP: Section 504: A Plan for Equity, Access and Accommodations.

Final Thoughts

Requesting a special education evaluation is a straightforward process that begins with a written referral. By following the required steps and understanding your rights, you can help ensure your student receives the support they need. Whether you use a formal form or write your own letter, the request must be clear and submitted in writing. This step initiates the evaluation process and ensures the school is legally obligated to respond.

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