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

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

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

Brief Overview

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

Introduction

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

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

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

Rights of Students with Disabilities

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

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

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

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

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

Washington State Requirements for Emergency Planning

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

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

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

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

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

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

Starting the Conversation with IEP and 504 Plan Teams

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

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

Developing a Tailored Emergency Action Plan

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

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

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

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

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

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

Final Thoughts

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


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Section 504: A Plan for Equity, Access and Accommodations

A student with a disability is protected by multiple federal laws. One of these laws is the Rehabilitation Act of 1973. This law is enforced by the U.S. Department of Education’s Office for Civil Rights. Section 504 is part of the Rehabilitation Act and it helps protect students from being treated unfairly because of their disability.

To uphold a student’s civil rights under Section 504, schools provide accommodations and support to ensure that a student with a disability has what they need to access the opportunities provided to all students. Making sure all students have the same opportunities is called equity, and it’s something schools must do. Students with disabilities are protected in all parts of school life, like classes, sports, clubs, and events.

A Brief Overview

  • Section 504 is part of the Rehabilitation Act of 1973, which is upheld by the U.S. Department of Education’s Office for Civil Rights
  • Section 504 prohibits discrimination based on disability in any program or activity that receives federal funding. All Washington state public schools must comply with this federal law. 
  • Every student with a disability is protected from discrimination under this law, including each student with a 504 Plan and each student with an Individualized Education Program (IEP). 
  • Eligibility for Section 504 support at school is determined through evaluation. Washington’s Office of Superintendent of Public Instruction (OSPI) provides fact sheets in multiple languages that describe the evaluation process and state requirements. 
  • A mitigating measure is a coping strategy used by individuals with disabilities to reduce the effects of a disability, but these measures cannot be considered when determining if a student has a substantially limiting impairment. 
  • Dispute resolution options are outlined in the Section 504 Notice of Parent Rights, downloadable in multiple languages on the OSPI website.  

Introduction

Every student with a disability is protected from discrimination under this law, including each student with a 504 Plan and each student with an Individualized Education Program (IEP). Section 504 protects a person with disabilities throughout life and covers individuals in any public facility or program. A person can have a 504 Plan to support them in a vocational program, higher education, or in any location or service that receives federal funds.

All people with recognized disabilities also have protections under the Americans with Disabilities Act (ADA). Within a school, business, or other organization, the person responsible for upholding civil rights under these two laws might hold a title such as Section 504/ADA Compliance Officer. If you have concerns about civil rights being followed in any group, ask to speak with the person responsible for Section 504/ADA compliance. You may also ask for policies, practices, and complaint options in writing.

Hidden disabilities, or those that are not readily apparent to others, are also recognized disabilities protected by Section 504 and the ADA. Hidden disabilities may include but are not limited to learning disabilities, psychological disabilities, and episodic conditions, such as epilepsy or allergies.

Defining “Disability” under Section 504

Section 504 does not specifically name disability conditions and life impacts in order to capture known and unknown conditions that could affect a person’s life in unique ways. In school, determination is made through evaluations that ask these questions:

  1. Does the student have an impairment?
  2. Does the impairment substantially limit one or more major life activities?

Washington’s Office of Superintendent of Public Instruction (OSPI) provides fact sheets about Section 504 in multiple languages that describe the evaluation process and state requirements. Included in the fact sheets is this information about what Section 504 means for students:

“Major life activities are activities that are important to most people’s daily lives. Caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, eating, sleeping, standing, bending, reading, concentrating, thinking, and communicating are some examples of major life activities.

“Major life activities also include major bodily functions, such as functions of the digestive, bowel, bladder, brain, circulatory, reproductive, neurological, or respiratory systems.

“Substantially limits should also be interpreted broadly. A student’s impairment does not need to prevent, or severely or significantly restrict, a major life activity to be substantially limiting.”

Pyramid of Rights: Students at the top have all these protections! 

Special Education Rights are protected by the Individuals with Disabilities Education Act (IDEA). Eligible students are served with an Individualized Education Program (IEP).

Civil Rights are protected by Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA). Students with disabilities impacting a “major life activity” receive accommodations and individualized support as part of their IEP (if eligible) or through a Section 504 Plan.

General Education Rights are protected by Every Student Succeeds Act (ESSA). All children in the United States have the right to access free public education through age 21 or until they earn a high school diploma.

FAPE rights under Section 504

The right to a Free Appropriate Public Education (FAPE) is protected by Section 504 and the Individuals with Disabilities Education Act (IDEA). The most common way schools protect Section 504 FAPE rights is through accommodations. A student might have specifically designed help to accomplish their schoolwork, manage their emotions, use school equipment, or something else. The sky is the limit, and Section 504 is intentionally broad to capture a huge range of possible disability conditions that require vastly different types and levels of support.

Here are two specific topic areas to consider when a student is protected by Section 504:

  • FAPE rights include the right to be supported against bullying.
  • FAPE rights protect students against unfair treatment in student discipline.

Medical Diagnosis

A school cannot require a parent to provide a medical diagnosis to evaluate a student. However, a diagnosis can provide helpful information. The school could request a medical evaluation, at no cost to the parent, if medical information would support decision-making.

Note that a medical diagnosis does not automatically mean a student needs a 504 Plan. Doctors cannot prescribe a 504 plan—only the 504 team can make that decision. However, the 504 team must consider all information provided as part of its evaluation process.

Evaluation and Eligibility Determination

Eligibility for school-based services is determined through evaluation. Federal law that protects students in special education process is the Individuals with Disabilities Education Act (IDEA).

IDEA includes Child Find protections that require schools to evaluate a student if there is a reasonable suspicion that disability is impacting educational access. A student is evaluated in all areas of suspected disability to determine eligibility for services. If the student is found eligible, the evaluation provides key information about service needs.

Parents or guardians, teachers, district personnel, and others with information about the student can refer the student for evaluation for special education by completing the OSPI Referral for Special Education Evaluation form (direct download), which is available on the OSPI website.

After the student is evaluated, the 504 team will discuss the results of the evaluation with the parent or guardian. Depending on the results, the student will be found:

  • Eligible for Section 504 protections but not an IEP. Data from the evaluation is used to build a Section 504 Plan for supporting the student with individualized accommodations and other needed supports.
  • Eligible for an IEP. The special education program includes goals that track progress toward learning in areas of specially designed instruction (SDI). Accommodations and supports that are protected by Section 504 are built into the IEP.
  • The school determines that the student does not have a disability, or that a disability does not substantially limit educational activities. The student will not receive school-based services through an individualized plan or program.

Evaluations must disregard mitigating measures

A mitigating measure is a coping strategy that a person with a disability uses to eliminate or reduce the effects of a disability. For example, a person who is deaf might read lips or a person with dyslexia may read using audible books. Because a person has adapted to their disability does not mean they give up the right to appropriate, individualized support. In its guidance, OSPI states: “Mitigating measures cannot be considered when evaluating whether or not a student has a substantially limiting impairment.”

A school also cannot determine a student ineligible based on a condition that comes and goes. Students with health conditions that are episodic or fluctuate, like sickle cell disease, Tourette’s Syndrome, or bipolar disorder, might qualify for Section 504 protections, even if they appear unaffected on some school days.  According to OSPI, “An impairment that is episodic or in remission remains a disability if, when in an active phase, this impairment substantially limits a major life activity.”

Section 504 Dispute Resolution Options

When navigating disagreements with a school’s decisions, it’s important for parents to know their rights and the resources available to them. The Section 504 Notice of Parent Rights is the procedural safeguards for student and parent rights under Section 504. It is available for download in multiple languages from OSPI. This document outlines the various options for resolving disputes between families and school districts. Understanding these rights can empower parents to advocate effectively for their children.

If they disagree with the methods, findings, or conclusions from a district evaluation, families have the right to request an Independent Educational Evaluation (IEE) at school district expense. The district is required to provide information on where to obtain an IEE and the guidelines to follow. Should the district refuse the IEE, they have 15 calendar days to either initiate a due process hearing or agree to fund the IEE. PAVE offers a downloadable sample letter for requesting an Independent Educational Evaluation. Being aware of these steps ensures that parents can take timely action to support their child’s educational needs.

Anyone can file a complaint about discrimination involving students with disabilities in a Washington public school, which is prohibited by Washington law (RCW 28A.642.010). A civil rights complaint can be filed at the local, state, or federal level. Here are resources related to those three options:

Planning my Path – A User-Friendly Toolkit for Young Adults

excited high school students with arms outstretched outdoors

Planning My Path

Practical Tips and Tools for Future Planning


Presenting our newest resource – the Planning My Path Practical Tips and Tools for Future Planning. This toolkit encompasses a collection of our informative articles, complemented by easy to understand timeline charts to provide you with a solid foundation as you navigate through this crucial transition period.

A user – friendly toolkit for young adults, Each section is detailed below:

Articles to help Young Adults:


Student Rights, IEP, Section 504 and More

Getting the right help for students with disabilities is made easier when families learn key vocabulary and understand how to use it. PAVE provides videos to support learning about student rights and how to work with the school to get individualized support.

Video number 1: Pyramid of Rights Protections for Students With Disabilities

The first video provides a visual to help—a pyramid of student rights. Learn about special education rights, civil rights, and general education rights. Students with Individualized Education Programs (IEPs) are protected by the full pyramid of rights. Students with IEPs and Section 504 Plans have civil rights that protect their right to be accommodated and supported at school. All children in the United States have the right to access a free public education. Learn key terms from these rights: Free Appropriate Public Education (FAPE), equity, and access, and how to use those words to help a student get their needs met.

Here are resource links referenced in the video:

The video mentions that a civil rights complaint can be filed at the local, state, or federal level and may include elements of more than one civil rights protected area, such as disability discrimination, racism, and/or sexual discrimination. Here are resources with more information about civil rights complaint options and how to access forms:

  • Local: OSPI maintains a list of school officials responsible for upholding student civil rights. Families can reach out to those personnel to request a complaint form for filing a civil rights complaint within their district.
  • State: OSPI provides a website page with direct links to step-by-step instructions for filing a civil rights complaint with the state Equity and Civil Rights Office, or the Human Rights Commission.
  • Federal: The U.S. Department of Education provides guidance about filing a federal complaint. The U.S. Department of Agriculture is another option for dispute resolution related to civil rights.

The video provides information about some special education dispute resolution options. Here are related resources:

The Youth Education Law Collaborative offers some free legal assistance on topics related to educational equity, with a priority for students and their families who demonstrate financial need. They can be reached by telephone at 1-206-707-0877 or 1-844-435-7676.

Video number 2: Accommodations and Modifications

Our second video shares more detail about the rights of students under Section 504 of the Rehabilitation Act. Key to protecting those rights is the accommodations, modifications, and supports that enable a student with a disability to access what typically developing students can access without support. Non-discriminatory practices related to bullying, student discipline, and attendance are protected rights. Click on the video to learn more about what the right to equity means.

Here are resource links related to this video:

PAVE article: Section 504: A Plan for Equity, Access and Accommodations

Video number 3: IEP Goal Setting

Our third video provides more detail about the rights of a student with an IEP. A three-step process is provided to help family caregivers make sure a student’s IEP goals are supporting the right help in the right way. Learn about Present Levels of Performance (PLOP), Specially Designed Instruction (SDI), and SMART goals to become a well-trained partner in the IEP team process. PAVE provides a fillable worksheet to assist parents in developing suggestions to share with the IEP team.

To get help from PAVE’s Parent Training and Information staff, click Get Help to complete an online Help Request Form.

We’d love to know whether these trainings are helpful. Please share your feedback by completing a short survey.

For more trainings and events, check out your options on the PAVE Calendar.

Step-By-Step Guide to Requesting Accommodations on SAT and ACT Exams

The transition from high school to college can be a daunting experience for any teenager. Part of the transition process is preparing for and taking the entrance exams for college. If the student is receiving accommodations in school, they may qualify to receive special accommodations while taking a college entrance exam.

The ACT and College Board Services for Students with Disabilities (SSD) do not approve accommodations for all college entrance exams. Contact your school, college, or testing center for the CLEP and ACCUPLACER tests. Students with documented disabilities may request accommodations on PSAT-related assessments with the help of their school counselor.

Differences Between SAT and ACT Exams

Most universities accept both SAT and ACT and the length of both tests is approximately the same.  ACT has more questions in that same period, so fast workers may prefer it.  However, the best one for a student is the one they feel best about, so trying sections of both before choosing which one to study for is recommended by most test prep professionals. Both ACT and SAT have free practice sections available.

SATACT
Reading (65 min, 52 Questions)Reading (35 min, 35 Questions)
Writing (35 min, 44 Questions)English (45 min, 75 Questions)
Math (80 min, 58 Questions)Math (60 min, 60 Questions)
Optional essay (50 min)Science (35 min, 40 Questions)
Scored 400-1600Optional essay (30 min)
Scored 1-36

A student must have approval from the College Board SSD (for the SAT) or ACT to use accommodations on an exam. If a student uses extended test time or other accommodations without prior approval, their test results will be invalid.

The process of requesting accommodations varies depending on the exam. These are the steps to request accommodations on SAT and ACT college entrance exams:

Step 1: Document the need for accommodations.

The student must have a documented disability. Documentation can be a current psycho-educational evaluation or a report from a doctor. The type of documentation depends on the student’s circumstances. The disability must impact the student’s ability to participate in the college entrance exams. If the student is requesting a specific accommodation, documentation should demonstrate the difficulty the student has performing the related task. The College Board provides a disability documentation guideline and accommodation documentation guideline, as does the ACT. Doctor notes and Individualized Education Program (IEPs) or 504 plans may not be enough to validate a request for accommodations; you must provide supporting information, such as test scores. 

While students typically only receive accommodations if they have a documented disability, some (very few) students who have a temporary disability or special healthcare need can also be eligible. The request is different in these circumstances for those who wish to take the SAT exam and students are often urged to reregister for a date after they have healed. If the student cannot postpone their test, the request form for temporary assistance must be completed by a school official, student (if over 18) or parent, doctor, and teacher. Then, the form must be faxed or mailed to the College Board for processing.

Step 2: Allow plenty of time for processing.

It takes time to apply for accommodations, including a processing period of up to seven weeks after all required documentation has been submitted to the College Board SSD or ACT. If they request additional documentation, or if a request is resubmitted, approval can take an additional seven weeks. Start as early as possible before the exam date to allow enough time for processing, responding to a request for more documentation, and additional processing time. If the student will take the exam in the fall, they should begin the process in the spring to allow sufficient time for processing.

Step 3: Identify appropriate accommodations.

If the student has a formal education plan, review the current plan, and note accommodations listed throughout, especially (but not only) those the student uses during assessments. Read through recent medical evaluations, prescriptions, and records to ensure all accommodations have been included in the formal education plan, if the student has one, or to locate appropriate accommodations recommended by medical professionals. You may recognize some of the Possible Accommodations for SAT and ACT Entrance Exams.

Some accommodations may only be provided during certain sections of the exam, depending on the specific accommodation requested. For example, a student with dyscalculia may receive extended time during the math section of the exam but not for any other subject.

Step 4: Submit the request for accommodations.

The easiest way to request SAT accommodations is to go through your student’s school. If you choose to go through the school, the school’s Services for Students with Disabilities (SSD) Coordinator (Special Education Coordinator, Guidance/School Counselors, etc.) can go online to review the SAT Suite Accommodations and Supports Verification Checklist and submit the application. Having the coordinator submit the application will help streamline the process. Homeschooled students or those who choose not to go through the school may request accommodations on the SAT exam by printing the Student Eligibility Form and submitting all documentation by fax or postal mail.

Requesting accommodations for the ACT exam requires working with a school official who is a part of the IEP team. The accommodations requested should be similar to the accommodations currently being received in school and must be approved by ACT before the test. All requests, including appeals, must be submitted by the late registration deadline for the preferred test date. Homeschooled students may request accommodations on the ACT exam by creating an ACT account online and submitting the required documents electronically.

Step 5: Register for the college exam.

Once the student is approved for SAT accommodations, they will receive a Service for Students with Disability (SSD) number that must be included when registering for the test. The school’s SSD Coordinator should ensure all the correct accommodations are in place when it is time to take the college exam. Approved accommodations will remain in effect for one year after graduation from high school.

Additional Information

Disability History Month Provides Opportunities for Reflection

A Brief Overview

  • Disability History and Awareness Month (RCW 28A.230.158) takes place during October to increase awareness, respect, and acceptance for people with disabilities, and to bring a greater sense of pride to people with disabilities.
  • State law requires public schools to promote educational activities that provide instruction, awareness, and understanding of disability history and people with disabilities.
  • The Office of Superintendent of Public Instruction (OSPI) provides a list of resources and educational opportunities for recognizing and celebrating Disability History and Awareness.
  • The Office of the Educational Ombuds (OEO), in collaboration with Rooted in Rights, created a teaching resource: One Out of Five: Disability History and Pride Project.
  • This article highlights some key laws and legal actions that have impacted school access for students with disabilities in Washington State and nationally. Scroll down for a visual version of our timeline.

Full Article

Disability History and Awareness Month in October provides an opportunity for policy makers, teachers, families and people throughout communities to reflect on the disability rights movement. Equity and access are protected by law, yet there is still work to be done to ensure that laws are upheld and that everyone has fair access to opportunities.

Parent Centers like PAVE participate in making sure that families and individuals understand disability rights and how history has impacted current protections and the language of disability rights. Following 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 legal action involved in the long and complicated history of disability rights.

1954​: Brown versus Topeka Board of Education​

  • Separate but Equal was outlawed, and Equal Educational Opportunities became a right of all citizens. ​

1964​: Civil Rights Act​

  • Prohibited state and local governments from denying access to public facilities, establishing equality as a legal right and discrimination as illegal.  
  • Desegregated public schools and authorized the U.S. Attorney General to file lawsuits for suspected violations. ​
  • Established that agencies could lose federal funding for breaking the law.

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

  1. P.A.R.C. v. Commonwealth of Pennsylvania*
    • Established Free Public Education for all students.
  2. Mills versus Board of Education of DC
    • Established accessible, free and suitable education for all children of school age, regardless of disability or impairment

In Pennsylvania parents led a class action suit that established that all children, regardless of their skill level, have a right to go to school for free. A few months later, a Washington, DC, court ruled that education should be free and accessible and “suitable.” These two cases set up the country to formalize the right of any student with a disability to a Free Appropriate Public Education (FAPE), which is the language of today’s law.

*Note: PAVE recognizes that past terms have led to stigma; using person-first language is our priority. To learn more about how individuals with intellectual disabilities earned education rights through these landmark cases, refer to Disability Justice.

1973: The Rehabilitation Act

The rights of a person with a disability to get the help they need in order to be successful in school and at work–and to access to any public place or program–was firmly established by the federal Rehabilitation Act of 1973, which is still an active law upheld by the Office for Civil Rights. Part of it, Section 504, defines disability as any impairment that significantly impacts a major life activity. When a student in school meets that criteria because of a physical or mental condition, the school is bound by this law to provide what a student needs to access their right to a Free Appropriate Public Education (FAPE).

1975: The Education for All Handicapped Children Act

  • Required public schools to provide equal access to free educational programming
  • Provided for evaluation, a specific educational plan and parent input
  • Declared that special education should emulate as closely as possible the educational experiences of non-disabled students
  • Contained a provision for education in the Least Restrictive Environment (LRE)
  • Provided dispute resolution procedures

The Act was the first federal law that was specific to the education of children with disabilities. The law used the word “emulate” to indicate that students with disabilities had the right to a school experience that would look as much like a typical student’s program as possible. The additional requirement for education in the Least Restrictive Environment (LRE) further motivated schools to work harder to include students of many abilities in general education classrooms. This 1975 law also set up specific guidance for parents to take action if they disagree with the school. Parents are informed about their rights through the Procedural Safeguards that are provided 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. Thirty Washington parents got trained about Special Education law in 1979. 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 provides free information to professionals and parents through ParentCenterHub.org.

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. The new system provided a financial mechanism called a “waiver” to pay for in-home care. 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 in the past might have lived in hospitals or state institutions now 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)

  • Prohibits disability discrimination by federal and state government, including schools
  • Applies to all schools, workplaces—any space, public or private, that provides goods or services to the public
  • Covers people of all ages, including those who are discriminated against because they are perceived to have a disability, even if they don’t have one

Understood.org provides materials specifically designed for parents to provide basic understanding about ADA protections in schools. Included are printable fact sheets and instructions for filing formal complaints with various public agencies. Many ADA protections mirror those provided through Section 504 of the Rehabilitation Act of 1973. Key concepts in both are equity and access. The ADA and Section 504 protect a person throughout the lifespan. The Office for Civil Rights provides guidance for students with disabilities as they plan for higher education.

1990: Individuals with Disabilities Education Act (IDEA)

  • All children with disabilities get a Free Appropriate Public Education (FAPE)to be ready for further education, jobs and life! 
  • The rights of children with disabilities and their parents are protected. 
  • The law requires schools to assess a child’s program, to make sure it’s working, and the child is benefiting. 

When Congress passed the Individuals with Disabilities Act in 1990, the acronym FAPE (Free Appropriate Public Education) came into being. Now FAPE is key to this entitlement law. Entitlement means that a child with unique needs gets those needs served on an individual basis, not based on a system or program that’s already built and available.

The federal law drives how states design their own special education policies and procedures, which in our state are part of the Washington Administrative Codes (WACs). Title 34, Part 104, is the non-discrimination federal statute under the Office for Civil Rights Department of Education, and in Washington State rules for the provision of special education are in chapter 392-172A of the WAC. 

1992: Rehabilitation Act Amendments

Amendments to the 1973 Act put the abilities and choices of persons with a disability first and challenge the services system and the greater community to support individuals to work, live, and participate in the community. The Amendments are guided by the presumption of ability. A person with a disability, regardless of the severity of the disability, can achieve employment and other rehabilitation goals, if the appropriate services and supports are made available. The primary responsibilities of the vocational rehabilitation system are described:

  • Assist the individual with a disability to make informed choices about potential employment outcomes that result in integration and inclusion in the community.
  • Develop an individualized rehabilitation program with the full participation of the person with a disability.
  • Match the needs and interests reflected in the individualized programs with appropriate services and supports.
  • Proactively foster cooperative working relationships with other agencies and programs, including local education authorities, to unify the service system.
  • Emphasize the quality of services and the accountability that service representatives have to honor the dignity. participation, and growth of persons with disabilities as their employment interests develop over time.

2000: Settlegoode v. Portland Public Schools

  • Appropriate staff training is an important aspect of FAPE.
  • School staff have the right to advocate for children without retaliation.
  • The lawsuit was filed by a former special education PE teacher who was fired after highlighting errors in IEP implementation.

2004: IDEA Amendments

IDEA was amended by the Individuals with Disabilities Education Improvement Act of 2004. Several provisions aligned IDEA with the 2001 No Child Left Behind Act. Here are a few examples of updates:

  • IDEIA authorized 15 states to implement 3-year IEPs on a trial basis when parents continually agree. 
  • Drawing on the report of the President’s Commission on Excellence in Special Education, the law revised the requirements for evaluating children with learning disabilities.
  • More concrete provisions relating to discipline of special education students were added. These are influencing current work to revise disciplinary standards in Washington State.
  • Students are entitled to education in regular classrooms, with needed supplementary aides and services, “to the maximum extent appropriate” under the principle of Least Restrictive Environment (LRE)

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

In passing a law to establish Disability History and Awareness Month (RCW 28A.230.158), the legislature determined 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 for Employment First requirements for clients 21 and older within the Developmental Disabilities Administration (DDA). In accordance with the new law, “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 history that led to passage of the legislation and rules for implementation.

2013: Doug C. v Hawaii

  • Parents must be included in the IEP process.
  • The lawsuit was filed in behalf of a parent who was not included in a school meeting at which key IEP decisions were made.

2015: Every Student Succeeds Act (ESSA)

  • Reauthorizes 50-year-old Elementary and Secondary Education Act (ESEA), the nation’s national education law.
  • Provides all children in the United States the right to a free public education “to ensure that every child achieves.”
  • Advances equity by upholding critical protections for America’s disadvantaged and high-need students.
  • Requires—for the first time—that all students in America be taught to high academic standards that will prepare them to succeed in college and careers.
  • Ensures that vital information is provided to educators, families, students, and communities through annual statewide assessments that measure student progress toward high standards.
  • Encourages evidence-based interventions.
  • Sustains and expands access to high-quality preschool.
  • Maintains accountability in low-performing schools, where groups of students are not making progress and where graduation rates are low.

2017: Endrew F versus Douglas County School District

  • The Supreme Court issued a unanimous decision that under the IDEA a school must offer an IEP reasonably calculated to enable a child to make progress, in light of the child’s circumstances of disability.
  • The “de minimis standard” is overruled; trivial progress isn’t enough.
  • Grade-level standards are prioritized.
  • Parent participation is emphasized

The Endrew F case is still being discussed by a variety of agencies, and many professionals from groups that oversee educational process are calling on parents to hold schools accountable to these new standards. Writing for the court, Chief Justice John G. Roberts said that trivial progress would no longer meet the standard of FAPE and that the IDEA aims for grade level advancement for children with disabilities who can be educated in the regular classroom. A child making trivial progress, he said, would be tantamount to “sitting idly … awaiting the time when they were old enough to drop out.”

The above information is shown below as an infographic. You can click on the image and access the PDF of the same:

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

Long COVID May Cause Disability and Eligibility for Services

Some people infected by the SARS-CoV-2 virus experience long-term symptoms—called Long COVID. If lasting symptoms significantly impact a person’s life, their ability to work, or their access to school, disability laws are in place to protect and support them.

Among federal laws that support disability rights are the Americans with Disabilities Act (ADA), the Rehabilitation Act of 1973 (which includes Section 504), and the Individuals with Disabilities Education Act (IDEA). Note that Part B of the IDEA supports special education services for ages 3-21, and Part C provides early interventions for children birth-3.

Disability protections are also provided by Section 1557 of the Patient Protection and Affordable Care Act. The U.S. Department of Health and Human Services with the Civil Rights Division of the Department of Justice provide guidance on the HHS.gov website: Guidance on “Long COVID” as a Disability Under the ADA, Section 504, and Section 1557.

The federal Administration for Community Living (ACL) published a resource that is a place to begin learning about where support is available: How ACL’s Disability and Aging Networks Can Help People with Long COVID. For people whose work is impacted by Long COVID, the U.S. Department of Labor’s Office of Disability Employment Policy provides information related to job accommodations, employee benefits, worker’s rights, and more.

If a student with Long COVID is impacted, they can be evaluated to determine eligibility for school-based services. For students already identified for school-based services, Long COVID might entitle the student to additional or adjusted services. The Office of Special Education and Rehabilitation Services (OSERS), issued a Fact Sheet July 26, 2021, explaining the rights of children who may have a disability condition related to Long COVID. The rest of this article focuses on protections for children and students.

Section 504 support

Section 504 is part of the Rehabilitation Act and includes protections for individuals accessing a public space, service, or program. A person of any age with a disability has the right to accommodations and modifications if their disability condition significantly impacts a major life activity, such as breathing, walking, learning…. Section 504 guarantees equitable access to opportunities publicly available to people without disabilities. If COVID infection has caused a disability condition because of its lasting impacts, then Section 504 protections may apply.

In school, a Section 504 Plan provides a student with support in general education. Criteria are broad and determined if the student has a disability condition that impacts any aspect of their educational access. If so, the student is eligible for support to meet their needs.

For example, a student with Long COVID might have impacts to their breathing, walking, attention span, or stamina. They may need accommodations for a late start, a shortened school day, a reduced workload, or a place to rest while at school. If mental health is impacted, they may need social-emotional or behavioral supports to continue accessing their general education curriculum and class spaces.

School-based IEP services

If evaluation determines that Long COVID impacts a student (ages 3-21) to such a degree that special education and related services are necessary, then the student may be eligible for an Individualized Education Program (IEP). One eligibility category for IEP services, for example, is Other Health Impairment (OHI). For a full list of eligibility categories see PAVE’s article: IDEA: The Foundation of Special Education.

An educational evaluation determines:

  1. Is there a disability?
  2. Is there significant educational impact?
  3. Does the student require Specially Designed Instruction and/or Related Services?

If Long COVID has created a condition in which all three criteria are met, then the student receives services with an IEP. If the student already has an IEP and a COVID infection has created new barriers to learning, then a new evaluation may be needed to determine what additional services the IEP team can consider.

Here are a few examples of how Specially Designed Instruction (SDI) and Related Services might be included in an IEP to support a student with Long COVID:

  • A teacher provides instruction differently to support a student whose ability to focus is significantly impacted by Long COVID. Progress toward a skill of attention/focus is tracked to see if there is improvement or if something about the teaching strategy needs an adjustment.
  • A teacher helps a student learn emotional coping strategies after Long COVID caused severe anxiety and mood dysregulation. A goal is set to track progress on this social emotional learning (SEL) skill.
  • A physical education teacher provides a specially designed PE program for a student with Long COVID whose symptoms get worse with physical exertion. Goals are set, and progress is monitored. See PAVE’s article about Adapted PE.
  • A student with lingering physical symptoms of COVID receives physical or occupational therapy as a Related Services through the IEP.
  • A student with psychological impacts from the illness receives counseling as a Related Service on the IEP.

Of course, this is a short and incomplete list of possibilities. IEP teams are responsible to develop programming that is individualized to meet a student’s unique and specific needs. Evaluation data is critical in development of the services and programming, and families have the right to request an Independent Educational Evaluation (IEE) at district expense if they don’t believe the district’s own data is accurate or comprehensive enough to develop an appropriate IEP.

The primary entitlement of a student receiving school-based services is FAPE—Free Appropriate Public Education. FAPE means that services enable progress that is appropriate in light of the child’s circumstances. If Long COVID has disabled a student’s ability to access school appropriately, then they may be entitled to FAPE. The services that provide FAPE are determined individually and by a team that includes family participants.

Early intervention services

Health officials are reporting developmental delays related to COVID infections. Young children, Birth-3, who have been ill with COVID and have ongoing symptoms may be eligible for disability protections from the IDEA Part C, which provides federal funds for early intervention services delivered through an Individualized Family Service Plan (IFSP). According to the OSERS document about Long COVID:

“A child suspected of having a disability should be referred as soon as possible, but in no case more than seven days, after the child has been identified. With parental consent, a timely, comprehensive, multidisciplinary evaluation must be completed, and if the child is determined eligible, a child and family assessment must be conducted to determine the appropriate early intervention services and supports for the child and family.”

Resources to help you

PAVE provides resource collections to support families of children in various ages and stages:

PAVE’s Family-to-Family Health Information Center (F2F) provides direct assistance for questions related to health and wellness, insurance, and access to medical services. For questions about early intervention or school-based services, our Parent Training and Information (PTI) staff can help. Click Get Help from our home page at wapave.org to request individualized support.

Parents with Disabilities Have Rights

Brief overview:

  • For nearly 100 years, parents with disabilities have experienced fewer rights than their non-disabled peers.
  • The Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act (ADA) protect parents and prospective parents with disabilities from unlawful discrimination in the administration of child welfare programs, activities, and services.
  • Despite legal protections, parents with disabilities still are referred to child welfare services and permanently separated from their children at disproportionately high rates.
  • Parents who believe they have experienced discrimination may file an ADA complaint online, by mail, or by fax. Another option is to file a complaint with the Office for Civil Rights through the Department of Health and Human Services (HHS). Read on for details about how and where complaints are filed.

Full Article

In 1923, the Supreme Court of the United States (SCOTUS) established parental rights, but four years later parents with disabilities were denied those protections. In Buck v. Bell, May 2, 1927, SCOTUS ruled that persons with disabilities do not have fundamental rights to make private decisions regarding family life. The Americans with Disabilities Act (ADA) in 1990 attempted to correct some disparities, but parents with disabilities still have their children removed from their homes at disproportionate rates.

Here are a few Facts About Disability Rights for Parents, compiled by the National Council on Disability and the Christopher and Dana Reeve Foundation:

  • In the United States, 4.1 million parents have disabilities.
  • 1 in 10 children have a parent with a disability.
  • 5.6 million Americans live with paralysis from stroke, multiple sclerosis, spinal cord injury, traumatic brain injury, neurofibromatosis, cerebral palsy, post-polio syndrome or other issues.
  • 35 states include disability as grounds for termination of parental rights.
  • Two-thirds of dependency statutes allow courts to determine a parent unfit, based on disability.
  • In every state, disability of the parent can be included in determining the best interest of the child.
  • The District of Columbia, Georgia, Kansas, Maryland, Mississippi, North Dakota, New Mexico, Ohio, Oklahoma, and South Carolina allow physical disability as the sole grounds for terminating parental rights, without evidence of abuse or neglect.

The ADA prohibits discrimination based on disability

The ADA makes it unlawful to discriminate against individuals with disabilities in all areas of public life, including jobs, schools and transportation. The federal law, which is upheld by the Office for Civil Rights, covers all public and private places that are open to the general public. Under the ADA, people with disabilities have the right to equitable access. Equity doesn’t mean equal: It means that accommodations are provided to ensure access to something that everyone else has access to.

In 2008, the Americans with Disabilities Act Amendments Act (ADAAA) was signed into law. The ADAAA made significant changes to the definition of disability. The ADA is organized in sections called “Titles,” and the ADAAA changes applied to three Titles of the ADA:

  • Title I: Covers employment practices of private employers with 15 or more employees, state and local governments, employment agencies, labor unions, agents of the employer and joint management labor committees
  • Title II: Covers programs and activities of state and local government entities, including child welfare agencies and court systems
  • Title III: Covers private entities that are considered places of public accommodation

Equitable parenting opportunities are a Civil Right

Title II of the ADA and Section 504 of the Rehabilitation Act of 1973 protect parents and prospective parents with disabilities from unlawful discrimination in the administration of child welfare programs, activities, and services. Section 504 also protects students with disabilities, and PAVE has an article about that.

The goal of the ADA and Section 504 as it applies to parents and prospective parents is to ensure equitable access to parenting opportunities.  Also, these Civil Rights laws recognize that separation of parents from their children can result in long-term negative outcomes. The ADA requires child welfare agencies to:

  • Give a fair chance to parents with disabilities so they can take part in programs, services, or activities. 
  • Provide help to make sure people with disabilities understand what is being said or done.
  • Prevent barriers that make programs, activities or services hard to access because of disability.

Title II of the ADA and Section 504 also protect “companions”—people who help individuals involved in the child welfare system. A companion may include any family member, friend, or associate of the person who is seeking or receives child welfare services. For example, if a helper person is deaf, the child welfare agency provides appropriate auxiliary aids and services to ensure effective communication.

Discrimination leads to family separation

According to a comprehensive 2012 report from the National Council on Disability (NCD), parents with disabilities are often inappropriately referred to child welfare services. Once involved, these agencies permanently separate families impacted by disability at disproportionately high rates.

According to the report, discrimination most commonly involves parents with intellectual and psychiatric disabilities. Parents who are blind or deaf also report significant discrimination in the custody process, as do parents with other physical disabilities. Individuals with disabilities seeking to become foster or adoptive parents encounter bias and barriers to foster care and adoption placements. The NCD linked the discrimination to stereotypes and speculation about parenting ability rather than evidence of problems in the home. The agency found a lack of individualized assessments and that many families weren’t receiving needed services.

The ADA and Section 504 provide Civil Rights protections against retaliation or coercion for anyone who exercises anti-discrimination rights. ADA complaints can be filed online, by mail, or by fax.

To file an ADA complaint online:

Americans with Disabilities Act Discrimination Online Complaint Form | (en Español)
Instructions for submitting attachments are on the form.

To file an ADA complaint by mail, send the completed ADA complaint form to:

US Department of Justice 
950 Pennsylvania Avenue, NW
Civil Rights Division 
Disability Rights Section – 1425 NYAV
Washington, D.C. 20530

To file an ADA complaint by facsimile, fax the completed ADA complaint form to: (202) 307-1197

Individuals also may file complaints with the Office for Civil Rights at the Department of Health and Human Services (HHS). For instructions to file in English or other languages, go to How to File a Civil Rights Complaint.

Always save a copy of the complaint and all original documents.

For more information about the ADA and Section 504, call the Department of Justice ADA information line: 800-514-0301 or 800-514-0383 (TDD), or access the ADA website.

Visit the following websites for additional information:

Parenting with a Disability: Know Your Rights Toolkit

Protection from Discrimination in Child Welfare Activities

Children’s Bureau – An Office of the Administration for Children and Families

Rocking the Cradle: Ensuring the Rights of Parents with Disabilities and Their Children

Parental Disability and Child Welfare in the Native American Community

Protecting the Rights of Parents and Prospective Parents with Disabilities