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:
Does the student have a disability?
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.
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.
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.
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.
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.
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.
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.
Learn More
Where to Begin Toolkit: A comprehensive guide for families navigating the special education process, including sample letters and timelines.
PAVE Sample Letters to Support Family Advocacy: Provides downloadable sample letters for various special education requests, including evaluations and dispute resolution, to help families communicate effectively with schools.
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).
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.
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.
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.
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.
IEP facilitation is a voluntary and informal process where a neutral facilitator helps parents and schools resolve special education concerns collaboratively. This service is provided at no cost by Sound Options Group.
If parents win a due process hearing or civil lawsuit, the school district might have to pay their attorneys’ fees. Conversely, if the complaint is deemed frivolous, parents might have to pay the school district’s fees.
Protections are in place for children not yet identified as needing special education if disciplinary actions are taken.
Complaints about discrimination involving students with disabilities can be filed with OSPI or the U.S. Department of Education’s Office for Civil Rights (OCR). OCR will not handle cases already being addressed by another agency or school process unless the process is completed and the complaint is filed within 60 days.
These dispute resolution options provide structured processes for addressing and resolving disagreements, ensuring that the rights of students with special needs are upheld and that they receive the education and services to which they are entitled.
Informal Dispute Resolution
IEP facilitation is a voluntary and informal process where parents and school districts can address their special education concerns with the assistance of a trained, neutral facilitator. This process allows both parties to resolve issues collaboratively without the formality of mediation, and it is provided at no cost. OSPI contracts with Sound Options Group to offer free facilitation services from facilitators skilled in conflict resolution to help clarify disputes, set agendas, and work towards mutually agreeable solutions. Participation in facilitation is entirely optional for both families and districts.
The IEP facilitation process starts when either a family or a school district contacts the Sound Options Group to request help. A parent can request facilitation by contacting Sound Options Group directly by phone at 800-692-2540 or 206-842-2298 (Seattle) to request a mediation session. For Washington State relay service, dial 800-833-6388 (TDD) or 800-833-6384 (voice). Sound Options Group gathers initial information about the student and the needs of both parties, confirming that both the family and district agree to proceed with a facilitated IEP meeting. Once the IEP team sets a date for the 3–4-hour meeting, the facilitator is assigned. The facilitator helps everyone prepare by sharing documents, setting a mutually agreeable agenda, confirming the meeting details, and preparing both parties for the meeting. After the facilitated IEP meeting, a case worker from Sound Options Group and the facilitator review the session and decide if another meeting is needed. A successful facilitated IEP meeting will result in the development of an IEP that is tailored to meet the unique needs of the student.
Another option for informal dispute resolution is Washington State Governor’s Office of the Education Ombuds (OEO), which helps parents and schools resolve disagreements about special education services. Acting as a neutral and independent guide, the OEO helps parents and educators understand special education regulations, facilitates problem-solving, and advises on communication strategies to support a team approach to a student’s education. The OEO does not provide legal advice, act as an attorney, conduct investigations, or advocate for any party. OEO can be contacted through their online intake form or by phone (1-866-297-2597) with language interpretation available.
Formal Dispute Resolution
When informal methods are unsuccessful, families and schools can turn to formal dispute resolution processes outlined in the procedural safeguards and available through the special education system. A copy of the procedural safeguards notice for Washington is downloadable in multiple languages from the Office of Superintendent of Public Instruction (OSPI).
In Washington state, the formal dispute resolution options are:
1. Mediation
Mediation is a voluntary process provided at no cost to parents and schools. It is designed to resolve disputes related to the identification, evaluation, educational placement, and provision of FAPE. Both parties must agree to participate in mediation. Mediators are trained, impartial individuals knowledgeable about special education laws. OSPI contracts with Sound Options Group to provide trained, neutral mediators to facilitate effective communication and problem-solving between parents and school districts. This brochure, Mediation in Special Education, outlines the services provided by Sound Options Group. Discussions during mediation are confidential and cannot be used in due process hearings or civil proceedings. If an agreement is reached, it must be documented in writing and is legally binding. Parents can contact Sound Options Group directly to request mediation.
2. Special Education Complaint
Any individual or organization can file a special education complaint if they believe a school district or public agency has violated Part B of the Individuals with Disabilities Education Act (IDEA). Complaints must be filed within one year of the alleged violation. OSPI investigates the complaint, gathering information from both the parent or guardian and the school district. OSPI then issues a written decision addressing the complaint and any corrective actions required within 60 days of receiving the complaint. PAVE has developed this training video, Procedural Safeguards: How to File a Special Education Complaint, that walks through OSPI’s community complaint form with a pretend scenario.
3. Due Process Hearing
A due process hearing is a formal meeting to resolve disputes about a child’s identification, evaluation, placement, or FAPE. Either parents or the school district can request this hearing, but they must do so within two years of the issue, unless there was misrepresentation or withheld information. The request for a due process hearing must be in writing, signed, and include:
the name, address, and contact information of the student (even if homeless)
the name of the student’s school
the school district responsible for the IEP
a description of the issue, the facts, and related events
your proposed resolution
The original request must be provided to the other party – the parent or guardian must send it to the superintendent of the student’s school district, and the school district must provide the original to the parent or the guardian of the student. In addition, a copy of the request must be sent to the Office of Administrative Hearings by mail (PO Box 42489, Olympia, WA 98504-2489), fax (206-587-5135), or email (oah.ospi@oah.wa.gov). The party asking for a due process hearing must have proof that they gave their request to the other party.
Before the hearing, the school district must meet with the parents and relevant IEP team members within 15 days to try to resolve the issue at a resolution session. OSPI provides a direct to download form, Information and Forms on Resolution Sessions. During the hearing, both sides present evidence and witnesses. Parents have the right to bring a lawyer, present evidence, and question witnesses. An administrative law judge (ALJ) makes a decision, which can be appealed in state or federal court. The decision is final unless it is appealed and the decision is overturned. If an agreement is reached before the hearing, it must be written down in a settlement agreement.
For disputes about disciplinary actions that change a student’s placement, expedited due process hearings are available. These hearings happen faster than regular ones to resolve urgent issues quickly.
Dispute Resolution Outside of Special Education
If parents disagree with the decision made in a due process hearing, they have the right to file a civil lawsuit in state or federal court. This must be done within a specific time period, often 90 days, after the due process hearing decision. The court will review the administrative record, hear additional evidence if necessary, and make a ruling (decision) in the case. The civil lawsuit is not a part of the special education dispute resolution process and there are additional costs associated. Please note that PAVE is not a legal services agency and cannot provide legal advice or representation. Washington State Office of Administrative Hearings has compiled this Legal Assistance List for Special Education Due Process Disputes.
If parents win a due process hearing or lawsuit, the school district might have to pay their attorneys’ fees. But if the court decides the complaint was frivolous or filed for the wrong reasons, parents might have to pay the school district’s attorneys’ fees.
Additional Considerations
If a child hasn’t been identified as needing special education but parents think they should be, there are protections if the child faces disciplinary actions. If the school knew the child might need special education services before the behavior happened, they must follow special education disciplinary procedures.
OSPI’s Complaints and Concerns About Discrimination page states, “Each student must have equal access to public education without discrimination.” This page contains Discrimination Dispute Resolution Information Sheets that contain definitions of key terms, information about the role of district Civil Rights Compliance Coordinators, and instructions and requirements for filing different types of complaints, available for download in different languages. 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). Formal discrimination complaints must be written, and the complaint must contain:
a description of the incident
why it is allegedly discriminatory
proposed corrective action the district or charter school can take
The formal discrimination complaint must be hand carried, mailed, faxed, or emailed to district superintendent, administrator of the charter school, or Civil Rights Coordinator. When a school district or charter school receives a complaint, it must investigate and respond within 30 days, unless an extension is agreed upon. The civil rights coordinator provides the complaint procedure and ensures a thorough investigation. If exceptional circumstances require more time, the school must notify the complainant in writing. The school can also resolve the complaint immediately if both parties agree. After the investigation, the school must respond in writing, summarizing the results, stating whether they complied with civil rights law, explaining appeal options, and detailing any corrective measures, which must be implemented within 30 days unless otherwise agreed.
Students with disabilities in public schools are also protected against discrimination by federal laws, including Section 504 of the Rehabilitation Act of 1973 and IDEA. The U.S. Department of Education’s Office for Civil Rights (OCR) accept complaints with overlapping civil rights concerns, such as racism and disability discrimination. An OCR complaint must be filed within 180 calendar days of the alleged discrimination. If the school district’s dispute resolution process is already handling the case through a means like what OCR would provide, OCR will not take on the case. Once the school district’s process is completed, individuals have 60 days to file their complaint with OCR, which will then decide whether to accept the result from the other process. OCR provides step-by-step instructions for filing a discrimination complaint.
Some families are anxious about questioning actions taken by the school. Parents have protections under the law. The Office for Civil Rights maintains specific guidelines that prohibit retaliation against people who assert their rights through a complaint process.
A 2024 Washington State law requiresdaily recess for children in grades K-5 and for 6th graders who go to an elementary school starting in the 2024-2025 school year.
30 minutes minimum of daily recess within the school day is required when school days are 5 hours or longer.
Daily recess MUST be supervised, student-directed and aim to be safe, inclusive and high quality.
Daily recess should NOT be denied as a form of discipline, or to punish, or to motivate children to finish school-related work.
Full Article:
Rain or shine, “well behaved or not”, daily recess is a very important part of education for every child going to school. And nowit is required by the new Washington State Daily Recess Law, RCWA 28A 230.295. When school days are 5 hours or longer, schools are now required to give a minimum of 30 minutes of recess for kids in kindergarten through fifth grade and for sixth graders that go to elementary school. There are more requirements for schools about recess, listed later in this article.
Why is Recess Important?
According to the U.S. Centers for Disease Control and Prevention (CDC),recess helps children in many ways. It increases physical movement, improves memory, attention, and children’s ability to concentrate. Recess also helps children stay focused in classrooms and it even decreases behaviors that are distracting in school. Important social and emotional skills of children, like sharing, improve with recess.
The Washington State Legislature created the Daily Recess Law, which states:
“The legislature recognizes that recess is an essential part of the day for elementary school students. Young students learn through play, and recess supports the mental, physical, and emotional health of students and positively impacts their learning and behavior. Given the state’s youth mental health and physical inactivity crisis, as well as learning loss due to the COVID-19 pandemic, recess is vital to support student well-being and academic success.”
Dailyrecess MUST be supervised, student-directed and aim to be safe, inclusive and high quality.
Recess that takes place before or after school hours does not count towards following the law; the law’s requirement for daily recess must happen during school hours.
The time it takes for children to change into “outdoor clothes” should not be part of the 30-minute recess.
Recess should be a time for play and physical activity. For example, playing organized games would be acceptable, but it would not be okay to allow students to use screens such as phones, tablets or computers.
Recess should also happen outdoors. However, if indoor recess is needed, schools must encourage physical movement in a part of the school that can be used for physical activity.
Recess time cannot count toward physical education requirements.
If a school cannot meet these requirements, the Office of the Superintendent of Public Instruction (OSPI) can waive (decide not to enforce) this law during the 2024-25 school year.
Finally, the legislature makes clear in the “Intent” section of the law: school employees should not keep any child from daily recess as a form of punishment or as part of a disciplinary plan or to motivate them to finish school-related work.
The law goes into effect at the beginning of the 2024-2025 school year. Some school administrators, teachers, and especially substitute teachers, might not yet know about the law and how it applies to recess. If you learn your child missed recess at school and you are concerned that your child’s school may not know about the Daily Recess Law,here are some possible steps to take:
You can contact the school principal to find out if staff and educators are ready to use the law. If not, you may suggest they share information about the law with the rest of the school staff, especially substitute teachers.
If, after allowing time for the school administration to inform teachers (possibly a few weeks) and your child is still sometimes missing daily recess, you may contact your child’s teacher to find out why recess is being missed and tell them what the law says about recess.
Follow up phone calls made to the school with an email so there is a written record of what was said, including links to the law.
For ideas on how to communicate with the school in support of your child, here is a link to a video and an article on PAVE’s website called “Quick Start Your Advocacy in Two Steps”
If your child was kept out of recess due to behavior, in addition to reminding the school that denying recess should not be used for discipline, you may want to read PAVE’s article on “What Parents Need to Know when Disability Impacts Behavior and Discipline at School.”This article includes resources and information about student rights, school responsibilities and more related to the key idea that “behavior is a form of communication, and children often try to express their needs and wants more through behavior than words.”
For additional support, you can always reach out to a PAVE staff member by visiting PAVE’s website and completing the online Help Request Form.
Schools can bill Medicaid for many common IEP and IFSP services. When schools do this, they don’t have to spend special education funds on these services and can use that money to pay for other special education needs.
Medicaid billing can be complicated and difficult, and not all schools in WA State do it.
Parents can advocate for their student’s school to join the WA State Health Care Authority School-Based Services Program to bill Medicaid and free up money in the special education budget. Parents and caregivers can learn to advocate and resources for that are listed in the article.
Full Article
Individualized services that children receive through their IEP or IFSP may be covered by Medicaid. Medicaid will pay for health-related services in an Individual Education Program (IEP) or Individual Family Service Plan (IFSP) if they are already Medicaid-covered services, if the student qualifies for Medicaid for health insurance.
The Individuals with Disabilities Education Act (IDEA) requires that Medicaid be the primary payer to schools and providers of services included in an IEP or IFSP. (This means that if a school doesn’t use special education funds to pay for these services, Medicaid should be billed before any other insurance or individual.)
Which individualized services will Medicaid pay for?
An evaluation to see if a student is eligible for special education (if the student is found eligible)
Re-evaluations for special education
Nursing/health services
Physical Therapy
Occupational Therapy
Speech Pathology/Audiology
Mental Health Care
Other health services that schools provide, and Medicaid covers, as long as it’s included in an IEP or IFSP
Will Medicaid pay for services in a 504 plan?
If a student with a 504 plan needs medical services as part of their plan to receive a Free Appropriate Public Education (FAPE), Medicaid will not be the primary payer—but after a school bills any other potential payers (such as private health insurance), a school can bill Medicaid for any remaining costs.
If your student has Medicaid (Apple Health) or CHIP for health insurance, school health services like mental health care, substance use disorder services and monitoring medication can be covered by Medicaid, even if they are not included in a student’s IEP, IFSP, or 504 plan.
If a Local Education Agency (LEA, or school district) runs early childhood programs like Early Head Start, Head Start, or school-based preschool, schools can bill Medicaid for Medicaid-eligible Early and Periodic Screening, Diagnostic and Treatment benefits (EPSDT), even if they are not in a child’s IFSP. This ensures that children in these programs get these essential screening and well-child services.
Why is billing Medicaid important?
When Medicaid pays for services, schools do not have to use special education dollars for those services. Instead, special education dollars can be used for expenses like hiring adequate support staff, adaptive or communication technology, durable mobility supports, and enhanced accessibility supports for inclusive student activities.
How do schools get Medicaid to pay for these services?
Washington State public school districts, educational service districts (ESDs), public charter schools, and tribal schools are all eligible to participate in the School Based Health Services program at Washington State’s Health Care Authority (HCA).
Each school district that wants to bill Medicaid signs a contract with the state Medicaid agency and the Health Care Authority. School districts submit their costs for Medicaid-covered services to the state’s Health Care Authority (HCA), which reimburses their costs while billing Medicaid for those services. School or district staff are responsible to fill out the Medicaid claim forms with the proper billing codes. Staff need to take specific training to do this.
Some schools decide not to bill Medicaid and use special education funds for these services. Why?
Unlike healthcare providers, schools are not set up to bill programs like Medicaid. The billing process can be complicated and time-consuming (for example, the billing guide that HCA provides to schools who want to bill Medicaid is 57 pages long).
The Network for Public Health Law says the law made “important and substantial changes to reimbursement for school-based Medicaid services”. The law requires updates to outdated Medicaid billing guides and gives more help to states and local education agencies (LEAs, or school districts) who want Medicaid to reimburse them for school-based healthcare services. The law also made grants available to states to “implement, enhance or expand school-based programs” for healthcare (HHS) and for programs run by the Department of Education.
One purpose of the new law was to make billing Medicaid simpler and less expensive for schools. A second purpose was to encourage states to allow schools to use Medicaid for more types of healthcare services. The law also provides grants and other funding for mental health services for students.
As of July 2024, the Health Care Authority is still examining the new guidance to see if they want to make changes to the School-Based Health Care Services program.
Parents may think it makes sense to use Medicaid funds rather than special education funds for IEP/IFSP services. This chart from the Health Care Authority lists the schools and districts who have contracted with HCA and get Medicaid reimbursement for school-based health services. (current as of June 2024).
If a school or district is not listed, what are some ways parents can advocate for a school to start billing Medicaid?
Ask the school principal or superintendent about the reasons for not billing Medicaid. Ask what would need to change for the district to start Medicaid billing. This information is useful for gathering support from other parents and school personnel, and for getting policymakers to make the change.
There are national and statewide organizations that want to expand the use of Medicaid to pay for school-based services for all Medicaid-eligible students, not only students with IFSPs/IEPs. Parents may wish to visit their websites, learn about what they want to change, and contact these organizations for information about advocacy and organizing other parents around this topic.
District-wide decisions and policies are often made locally by a district’s administration team, the School Board, or both together. Contact information for district administration will be on the district’s website (and possibly on the school’s website). Contact information for school boards is usually available on a town or city government’s website, and sometimes on the district’s website.
Does the school or district have a Special Education PTA? If so, this group of parents and educators may be a good way to find other people interested in this topic. If not, a school’s Parent Teacher Organization (PTO) is also a useful resource. List of WA State Special Education PTAs.
When parent advocate groups ask for change, it can be very helpful to offer assistance to help make their request a reality. Can parent volunteers be used in any way to make the change easier? What other creative assistance might be helpful? Discussions with district administration and school boards about “why this won’t work” will let you know where and what type of help is needed.
Many organizations which support families, including families whose child or children have disabilities can offer advice or training for parents who want to advocate about the need for services in schools. This list is a starting point—you may find other groups or organizations which are not on the list.
Parent to Parent: The county-level chapters of this peer mentoring program provide support through parent peer groups and Helping Parents, trained parents whose parenting experience matches yours. Both can help with informal, and sometime formal, advocacy training or advice and much more.
Person-centered planning focuses on you! It’s about making plans for your future based on what you like, need, and dream about. You get to make big decisions, and the plan adapts as you grow.
What happens to my accommodations and services when I graduate or leave high school?
In high school, students with disabilities are protected under the Individuals with Disabilities Education Act (IDEA), which requires public schools to provide a free appropriate public education (FAPE). After graduation, your rights and protections change. You may still receive accommodations in post-secondary education and employment under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.
Vocational rehabilitation services can offer job placement help, training programs, and financial aid for education or training. They support you in finding employment that suits your goals and abilities.
Think about how your health affects your daily life and goals. Can you manage medications, explain your condition in emergencies, or plan for doctor’s visits? Identifying gaps helps you figure out what supports you need with the Including Health Considerations in the Transition Plan worksheet.
Why is self-advocacy important, and how can I improve at it?
Self-advocacy means speaking up for yourself and making your own choices. It’s crucial for getting the right support and reaching your goals. Learning about your rights, being involved in your plans, and asking for help are great first steps.
How can I advocate for myself and ensure my needs are met?
Advocating for yourself using person centered planning is a powerful approach to ensure that your needs, preferences, and goals are at the forefront of any planning and decision-making process regarding your life, particularly for individuals with disabilities.
How can I request more help and information?
Complete a Get Help request on the PAVE website to connect with a team member for additional support.
Everyone has moments when they hear something and pause to wonder, Is that true? This article and its companion videos describe some special education topics that may be misunderstood. Included is an explanation of what is fact.
Topics relate to special education eligibility, placement, support personnel, bullying, student discipline, and more.
Read on to see if there are things you haven’t quite understood about your student’s rights or educational services. PAVE hopes to empower families with information to make sure students with disabilities have their best chance for an appropriate and meaningful education.
The final myth described in this article is that PAVE provides advocacy on behalf of families—we don’t! But we can help you learn to be your child’s most important advocate. Click Get Help at wapave.org to request 1:1 assistance.
Full Article
Everyone has moments when they hear something and pause to wonder, Is that true?
Parents/caregivers in meetings with their child’s school can feel particularly confused when something doesn’t sound right. They might wonder whether it’s appropriate to question school authorities. They might not understand all the words being spoken. Fear of not knowing something can make it uncomfortable to speak up.
At PAVE, we encourage families to ask questions and make sure they understand the words school staff use. Ask for important answers in writing, and plan to research explanations that are confusing.
For example, if you ask for something and the school says no because of a law or policy, ask for a written copy of the relevant parts of that law or policy. Try to understand the school’s reason for saying no. Write down what you understand and send a reflective email to school staff to make sure you understand their position correctly.
Having everything in writing is important, especially if filing a complaint is a possible next step.
This article describes myths and misunderstandings some people might experience when navigating school-based services for students with disabilities. These topics apply to students with Individualized Education Programs (IEPs), students with Section 504 Plans, and students with possible disability conditions impacting their educational access.
Parent Participation
MYTH: The school must hold a meeting without a parent if the parent is unavailable before an annual renewal deadline because the student’s IEP, 504 Plan, or eligibility will expire or lapse. FACT: Parent participation is a higher priority than deadlines. Schools are required to accommodate parents/caregivers to ensure their attendance and participation at meetings where their child’s special education services are discussed. Those rights are affirmed in a court decision from 2013: Doug C. Versus Hawaii. If a meeting is delayed because a family member is temporarily unavailable because of illness, work, travel, or something else, services continue uninterrupted until the meeting. PAVE provies an article: Parent Participation in Special Education Process is a Priority Under Federal Law.
Evaluation
MYTH: The school is not required to evaluate a student who gets passing grades. FACT: If there is a known or suspected disability condition that may be significantly impacting a student’s access to any part of their education—academic, social-emotional, behavioral, or something else—then the school district is responsible under Child Find to evaluate the student to determine eligibility for services and support. Child Find is an aspect of federal law, the Individuals with Disabilities Education Act (IDEA).
MYTH: Section 504 doesn’t apply for a student without a plan or program. FACT: Section 504, which is part of the federal Rehabilitation Act of 1973, includes protections for students with suspected or known disability conditions that warrant evaluation. For example, if a student consistently misses school for reasons that may be connected to disability, the school may be accountable under the civil rights protections of Section 504 if an evaluation referral isn’t initiated.
MYTH: Section 504 eligibility does not involve an evaluation. FACT: An evaluation process is required to determine whether a student has a disability condition impacting a major life activity. That evaluation process may include a review of grades, test scores, attendance, health room visits, parent and student input, teacher observations, medical or psychological evaluations, special education data, medical information, and more. If the student meets criteria, evaluation documents are used to support the design of accommodations and other individualized supports to ensure equity. The state provides a family-friendly handout, downloadable in multiple languages, to describe 504 eligibility, evaluation process, plan development, and civil rights complaint options.
Medical Diagnosis
MYTH: A student cannot be identified as eligible for services under the autism category unless they have a medical diagnosis of autism. FACT: If there is a suspected disability condition and reason to believe there is a significant educational impact, the school is responsible under Child Find to evaluate the student to determine eligibility for services. Schools have evaluation tools to determine characteristics of autism, its possible educational impacts, and student needs. Medical information might help an IEP team design interventions, but families are not required to share medical information with the school, a medical diagnosis is not required, and doctors may not “prescribe” an IEP.
Placement
MYTH: Special Education is a location within the school. FACT:Special Education is a Service, Not a Place, and PAVE provides an article by that title to further explain a student’s right to educational services in general education—the Least Restrictive Environment (LRE)—to the maximum extent appropriate.
MYTH: The school district is in charge of placement decisions. FACT: The IEP team determines a student’s placement. If placement in general education, with support, is not meeting the student’s needs, the IEP team is responsible to locate or design a placement that best supports the student in accessing their Free Appropriate Public Education (FAPE). Placement might be general education, a segregated classroom setting where special education services are provided, day treatment, alternative learning environment, residential, home-based, something else, or a combination of any of these options. Once an IEP team designs a placement, the school district has some leverage in choosing a location. For example, if an elementary-age student who is struggling to read needs individualized services from a reading specialist, the district might bus them to a school in another neighborhood where a specially trained teacher provides reading instruction in a smaller classroom. The district doesn’t have to offer every placement or service within every building, but it does need to serve the IEP as written by the IEP team.
MYTH: Preschool IEPs are not required to serve students in the Least Restrictive Environment to the maximum extent appropriate. FACT: An IEP is required to serve a student with a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE), to the maximum extent appropriate, regardless of age or grade level. WAC 392-172A-02050 provides specific language about state requirements for LRE, including for preschool students.
Adult Aids at School
MYTH: A 1:1 creates a “restrictive environment” for a special education student. FACT: Least Restrictive Environment (LRE) refers to placement. A helper is an aid, not a placement. Supplementary aids and services, including 1:1 support from an adult staff member, may support access to the Least Restrictive Environment (LRE) for some students. If having a 1:1 enables a student to appropriately access learning in the general education setting, then that support is provided to ensure FAPE (Free Appropriate Public Education). FAPE within LRE is required by federal special education law, the Individuals with Disabilities Education Act (IDEA).
MYTH: Support personnel should regularly rotate in their roles to ensure a student does not become “dependent” on specific individuals or relationships. FACT: Healthy interpersonal relationships enable humans of any age to feel safe and secure. Because of the way our brains work, a person doesn’t learn well when a fight/flight nervous system response is activated. Connecting to trusted adults and receiving consistent help from safe, supportive people enhances learning. PAVE provides a collection of articles about Social Emotional Learning (SEL) and Washington State’s SEL Standards.
Section 504
MYTH: A 504 Plan is a watered down IEP. FACT: Section 504 is part of a civil rights law called the Rehabilitation Act, passed by the US Congress in 1973. The anti-discrimination protections of Section 504 apply to any person identified as having a disability condition that impacts their life in a significant way. Public agencies, including schools, are responsible to provide individualized accommodations and support to enable the person with a disability to access the service, program, or building in a way that affords them an equitable chance to benefit from the opportunity. A 504 Plan at school ensures the right to a Free Appropriate Public Education (FAPE). Section 504 FAPE rights are upheld by the US Department of Education’s Office for Civil Rights. PAVE provides a video series: Student Rights, IEP, Section 504 and More.
MYTH: Section 504 doesn’t apply to a student with an IEP FACT: Section 504 protections apply to students with IEPs and those with Section 504 Plans. The civil rights protections of Section 504 are threaded throughout the IEP, especially within sections that describe accommodations and modifications. Section 504 includes specific provisions to ensure students are not discriminated against within student discipline, by unmitigated bullying, or through denial of support that is needed for access to what non-disabled students access without support. All aspects of school are protected, including athletic events, field trips, enrichment activities, specialized learning academies, and more—everything the school is offering to all students. PAVE provides a comprehensive article about Section 504 and its protections for all students with disabilities.
MYTH: If the student has found ways to cope with their disability, they don’t need support. FACT: Section 504 forbids schools from using “mitigating measures” to justify denial of evaluation or support. A mitigating measure is a coping mechanism—for example, a deaf student who reads lips or a student with an attention deficit whose symptoms are improved by medication. PAVE’s article about Section 504 provides more detail about mitigating measures.
Bullying
MYTH: The best way to help a student with a disability who is being bullied is to remove them from the bully’s classroom. FACT: Section 504 protects a student with disabilities in their right to be protected from bullying. That means the school must stop the bullying and support the victim to feel safe again. Schools may not punish or disadvantage the victim. OCR says: “Any remedy should not burden the student who has been bullied.” PAVE provides a video: Bullying at School: Key Points for Families and Students with Disabilities.
MYTH: An informal conversation is the best way to address bullying. FACT: The best way to hold a school accountable to stop bullying and support the victim is to file a formal HIB Complaint. HIB stands for Harassment, Intimidation, and Bullying. Washington State’s 2019 Legislature passed a law that requires school districts to write formal HIB policies and appoint a HIB Compliance Officer to spread awareness and uphold the laws. Families can contact their district’s HIB Compliance Officer for support with a complaint and to ensure student civil rights are upheld.
IEP Goals and Process
MYTH: An IEP provides education to a student with a disability. FACT: An IEP is not the student’s education. An IEP provides educational services to enable a student to access their education. IEP goals target areas of learning that need support in order for the student to move toward grade-level curriculum and learning standards. Included are services for academics, adaptive skills, social-emotional skills, behavior—all areas of learning that are impacted by disability.
MYTH: If an IEP team agrees to change something about a student’s services or placement, the team must submit that idea to the district for approval or denial. FACT: An IEP team has decision-making authority. The team is required to include a person knowledgeable about district resources (WAC 392-172A-03095) so decisions about program and placement can be made at the meeting. If a required IEP team member is not in attendance, the family participant must sign consent for the absence. The family can request a new meeting because a key team member, such as a district representative, is missing. PAVE provides more information and a Sample Letter to Request an IEP meeting.
Behavior and Discipline
MYTH: A Functional Behavioral Assessment (FBA) is used to figure out how to discipline a student more effectively. FACT: An FBA is an evaluation focused on behavior. It helps IEP teams understand the needs behind the student’s behavior. A Behavior Intervention Plan (BIP) is built from the FBA to provide positive behavioral supports, teach new or missing skills, and reduce the need for discipline. PAVE provides a video about the FBA/BIP process.
MYTH: A school isn’t responsible to track exclusionary discipline if a parent agrees to take the child home and no paperwork is filed when the school calls to report a behavior incident. FACT: “Off books” or informal suspensions count as exclusionary discipline for students with disabilities. If a student with a disability misses more than 10 cumulative days of school because of their behavior, the school is responsible to hold a manifestation determination meeting to decide whether the behaviors are directly connected to the disability and whether school staff are following the IEP and/or behavior plan. If services or placement need to change, this formal meeting is a key opportunity to make those changes. PAVE provides a video: Discipline and Disability Rights: What to do if Your Child is Being Sent Home.
Privacy
MYTH: A parent or provider who visits school to support or evaluate an individual student is violating the privacy rights of other students just by being there. FACT: Federal laws protect private medical or educational records. Visiting a classroom or other school space should not expose student records for inappropriate viewing. The Department of Education provides a website page called Protecting Student Privacy to share resources and technical assistance on topics related to the Family Educational Rights and Privacy Act (FERPA). The confidentiality of medical records is protected by the Health Insurance Portability and Accountability Act (HIPAA). Understanding HIPAA and FERPA can help parents /caregivers ask their school for documented explanations whenever these laws are cited as reasons for a request being denied.
Literacy
MYTH: Schools cannot provide individualized instruction in reading through a student’s IEP unless the student is diagnosed by a medical provider as having dyslexia. FACT: No medical diagnosis is needed for a school to evaluate a student for any suspected disability that may impact access to learning and school. An educational evaluation might show that a student has a Specific Learning Disability in reading, with characteristics of dyslexia. When a disability that impacts education is identified through evaluation, the school is responsible to provide services to meet the identified needs and enable appropriate progress. PAVE provides an article: Dyslexia Screening and Interventions: State Requirements and Resources and a video: Supporting Literacy for Students with Learning Disabilities.
Graduation
MYTH: The school has to withhold credits for a student to receive services beyond a traditional senior year. FACT: Credits do not need to be withheld, and a student doesn’t automatically earn a diploma by reaching the required number of credits. The IEP team determines the target graduation date for a student receiving services through an IEP and how transition programming for a student ages 18-21 might support learning and life planning. Receiving the required number of credits is only part of what a student needs to earn a diploma, and the IEP team individualizes a plan for the student with a disability to earn their diploma within the state’s options for graduation pathways. PAVE provides a Toolkit for life after high school planning.
Private School and Home School
MYTH: Public schools do not have to do anything for students with disabilities who are home schooled or enrolled in private schools by parent choice. FACT:Child Find applies to all students with known or suspected disabilities who live within a district’s boundaries, including those who are home schooled or enrolled in private schools. Child Find means the public district is responsible to seek out and evaluate all students with known or suspected disabilities. If the student is found eligible for services, parents/caregivers can choose to enroll the student in the public school to receive special education services, even if the primary educational setting is a private or home placement. If the student is fully educated in the private setting, by parent choice, the private school provides equitable services.
Parent Support from PAVE
MYTH: PAVE gives the best advice and advocates on behalf of families. FACT: PAVE does not give legal advice or provide advocacy. We support families in their work. Staff from our Parent Training and Information (PTI) program provide information and resources to empower family advocates. Our goal is to ensure that family advocates have knowledge, understand options, and possess tools they need to work with schools to ensure that student rights are upheld and the needs of students with disabilities are met. Click Get Help at wapave.org to request 1:1 assistance. Help us help you by reading your student’s educational documents and having those documents handy when you connect with us!
Parent participation in IEP process is a protected right for students with disabilities. If a student doesn’t have a family caregiver or legal guardian to advocate in their behalf, a surrogate parent is assigned to fill that role.
A surrogate parent is not paid and cannot be employed by the school system, or any other agency involved in the care or education of the child.
The provision for a surrogate parent is part of federal special education law, the Individuals with Disabilities Education Act (IDEA Section 300.519).
Full Article
If a student eligible for special education services does not have a family caregiver, adoptive parent, or other legal guardian fulfilling the role of parent, then a surrogate parent is assigned to ensure the student’s rights are protected. The surrogate parent fulfills the family caregiver role on a student’s Individualized Education Program (IEP) team and advocates to ensure the student’s needs are met.
A surrogate parent is an individual appointed by the public agency (usually a school district) responsible for the student’s special education services. Schools are responsible to assign a surrogate parent within 30 days after recognizing the need. Note that a child who is a ward of the state may be assigned a surrogate parent by the judge overseeing their case.
If a private individual, such as a neighbor or friend, has explicit written permission from the student’s parent or guardian to care for the student, a surrogate parent is not required.
A student 18-21 is responsible for their own educational decision-making unless they have a guardian to exercise their legal rights. A school district is responsible to assign a surrogate parent for a student declared legally incompetent or if an adult student with a disability asks for a surrogate parent.
A surrogate parent is required for a minor student when the parent cannot be identified or located or if parental rights have been terminated. A student’s parents are considered to be unknown if their identity cannot be determined from a thorough review of the student’s educational and other agency records.
A student’s parents are considered unavailable if they cannot be located through reasonable effort that includes documented telephone calls, letters, certified letters with return receipts, visits to the parents’ last known address, or if a court order has terminated parental rights. A parent is also considered unavailable if unable to participate in the student’s education due to distance or incarceration.
If a parent is too ill to participate at a meeting, either in person or by phone, that parent has the option of giving another individual written permission to act for them.
An uncooperative or uninvolved parent is not the same as an unavailable one. A surrogate parent is not assigned because parents choose not to participate in their child’s education.
A child identified as an unaccompanied homeless youth by the McKinney-Vento Homeless Assistance Act is an example of a student who would be assigned a surrogate parent to support them within the special education system. Children with surrogate parents might live in foster homes, nursing homes, public or private group homes, state hospitals, or correctional facilities.
In some cases, a state agency has guardianship of a student with a disability: That student requires the assignment of a surrogate parent.
Foster parents need to be formally appointed by the school as surrogate parents if they do not have legal guardianship. Relatives without formal kinship rights also can be designated as surrogate parents within the special education process.
A surrogate parent is not paid and cannot be employed by the school system, or any other agency involved in the care or education of the child. However, an unaccompanied homeless youth may be supported by appropriate staff from an emergency shelter, street outreach team, or other agency temporarily until a surrogate parent with no conflict of interest is appointed.
A surrogate parent must have knowledge and skills that ensure adequate representation of the student. A community volunteer, guardian ad litem, or other invested adult might serve as a surrogate parent. The surrogate parent must commit to understanding the student’s strengths and needs and how the educational system is structured to support the student’s services. Ideally, the surrogate parent lives near the student and is a match for providing culturally appropriate help in the student’s language.
The surrogate parent represents the student in all matters relating to special education identification, evaluation, and placement and works to ensure that the student receives a Free Appropriate Public Education (FAPE) from their school-based services.
The provision for a surrogate parent is part of federal special education law, the Individuals with Disabilities Education Act (IDEA Section 300.519).
Washington’s Office of Superintendent of Public Instruction (OSPI) includes some downloadable resources about the surrogate parent in its Special Education Resource Library.
PAVE is here to help all caregivers, including surrogate parents. For direct assistance, click Get Help to complete an online Help Request Form.
When a child has a disability, parents often learn that getting their child’s needs met requires persistence, organization, and advocacy. Advocacy is an action. A person is an advocate when they organize the work and press onward until a goal is achieved. Laws that protect the rights of students with disabilities also protect parents as legal advocates for their children.
Invite someone to attend with you. A friend or family member can help you take notes, ask questions, and keep track of your agenda.
Make sure you understand the purpose of the meeting. Is it to talk about an evaluation, review the Individualized Education Program (IEP), write a Section 504 Plan, consider a behavior support plan, discuss placement, or something else? If you want a certain outcome, make sure it’s within the scope of the meeting. If not, you may need more than one meeting.
Make sure you know who will be at your meeting. An IEP team has required attendees. PAVE provides more detail about IEP team requirements in an article that includes a Sample Letter to Request an IEP Meeting.
Consider anyone else you want to attend. Parents have the right to invite vocational specialists, related service providers, behavioral health providers, peer support specialists—anyone with knowledge of the student and their needs.
Get copies of important documents (evaluation, IEP, 504 Plan, behavior plan, etc.). Read them carefully so you can use these documents to organize your concerns and questions. Keep in mind that a services program/plan is a draft until after you meet.
If the school doesn’t provide documents with enough time for you to prepare, consider rescheduling.
Mark up a Draft IEP with your suggestions and questions:
Read the educational impact statement carefully. Consider if it accurately summarizes your student’s strengths and needs. If not, makes notes about what you want to add or change.
Note any changes you want under Medical/Physical or Parent Concerns.
If a goal is too hard or too easy, make a note to ask about adjusting it.
If a goal is written with jargon and impossible to understand, ask for an explanation and maybe a rewrite
Prepare to ask how teachers are using Specially Designed Instruction (SDI) to help your student reach IEP goals.
Read the services table, sometimes referred to as a “services grid” or “services matrix” to understand how often and where your student is being served.
Consider any questions you have about placement or access to general education settings. If you believe your student could be successful in general education for more of their day, consider what supports would make that possible.
Write down any questions about how the classroom or curriculum are adapted to be accessible. You might ask if the teachers are using Universal Design for Learning (UDL) strategies to support multiple types of learners.
Write down your questions about progress and how it’s being tracked.
For an IEP or 504 Plan, read the accommodations carefully and make notes to ensure they are individualized and implemented to truly support your student.
Learn about student and family rights and practice the vocabulary that empowers your advocacy. PAVE provides a three-part video training to help: Student Rights, IEP, Section 504 and More.
At your meeting…
Do your best to arrive on time to make sure there is time to address concerns. If you notice there may not be enough time to do this, request to schedule another meeting.
Make sure the meeting begins with introductions and that you know everyone’s job and what role they serve on the IEP team. If it’s important to you, when you introduce yourself you can ask team members to use your name instead of mom, dad, gramma, or something else other than your name when they refer to you.
Ask school staff to explain acronyms or jargon while they are talking because you want to understand what everyone says.
If an IEP team member is absent (WAC 392-172A-03095), parents must sign consent for the absence. If someone is missing and you don’t think it’s appropriate to continue, ask to reschedule. If key members need to leave before the meeting is over, consider ending the meeting and schedule an alternative day/time.
Keep focus on your student’s needs. Here are a few positive sentence starters: I expect, I understand, My child needs….
If you notice the conversation steering into past grievances, the district’s lack of funds, or what “all the other children” are doing, bring focus back to your child and their current needs. Try stating, “I want to focus on [name].”
Use facts and information to back up your positions and avoid letting emotion take over. Ask for a break if you need time for some regulated breathing or to review documents or notes.
Notice other team members’ contributions that support your child’s needs. Here are a few phrases to consider:
“I think what you said is a good idea. I also think it could help to…”
“I think you are right, and I would like to add…”
“I hear what you are saying, and…”
If you don’t understand something, ask questions until the answer is clear.
If you disagree about something and your comments aren’t changing anyone’s mind, explain that you want your position included in the Prior Written Notice (PWN), which is the document the school is required to send immediately after an IEP meeting.
If you hear something confusing, ask the school to put their position and rationale in writing so you can follow up.
Request to end the meeting if it stops being productive. Tell the other team members that you would like to continue working with them and ask to schedule another meeting. This might include adding people to the team to help resolve issues.
After a meeting…
Review your notes and highlight or circle places where there is an action or something that needs follow through. Transfer relevant information into your calendar.
When the Prior Written Notice (PWN) arrives (usually within a few days), compare it to your notes. Make sure all key agreements, actions, and IEP/504 amendments match what you understood to be the plan when you left the meeting.
If you want something changed in the PWN, ask for those changes in writing.
If you disagree with the outcome of the meeting, review your Procedural Safeguards (downloadable in multiple languages) and consider your dispute resolution options.
If you consider filing a Community Complaint, PAVE provides a video training to walk you through that option.
Consider contacting school district special education staff if they didn’t participate in the meeting and you think your team needs more support.
Consider asking for another meeting, Mediation, or a Facilitated IEP meeting, if issues are unresolved.
PAVE’s Parent Training and Information (PTI) program can help family caregivers organize their concerns and options. Click Get Help for individualized assistance.
When a student struggles to maintain well-being, achievement at school can be a challenge. This video provides key information for families to seek school-based services for behavioral health needs. Included are two advocacy statements that this information might empower you to say in a meeting with the school:
“I want to make sure my student’s rights are upheld.”
“I’m providing information and resources to help the school follow the law and educational best practices.”
Included in the video is information about truancy and a new state law that schools must excuse absences for behavioral health reasons. Also included is information from the federal Office for Civil Rights (OCR), which provided new guidance in summer 2022 about school responsibility to help instead of discipline students with behavioral health needs.
PAVE staff cannot provide advocacy or advice. We share information to empower family members and young people who do have legal advocacy rights. You can learn this information and keep in handy when you aren’t sure whether the school is following the law or educational best practices. Please be patient with yourself while you are learning this information. It can feel like a lot! As you learn a little bit at a time, you can see how your increasing knowledge shifts options and outcomes for your student.
Here are resources from this training, listed in video order:
OSPI (state) referral form: A form for submitting a written referral to have a student evaluated for special education eligibility. Washington requires evaluation referrals in writing.
WAC 392-172A-01155: The Washington Administrative Code (WAC) that lists related services that might be included in a student’s IEP. Several options relate to mental and behavioral health.
School-Based Health Services (SBHS): A 2022 booklet describing a Washington State Health Care Authority (HCA) program to reimburse schools for services provided to students who are eligible for Apple Health when those services are delivered as part of their IEP
OSPI August 2022 Tip Sheet: Information about state requirements for IEP services to begin at the start of school and continue uninterrupted unless the team makes a student-centered decision to shift service delivery
RCW 28A.225 (Becca Bill): State law related to truancy, part of the Revised Codes of Washington (RCW)
RCW 28A.225.020: A state statute that describes a school district’s responsibility to evaluate and serve students when they are truant (absent from school without a valid excuse)
OSPI: The Office of Superintendent of Public Instruction has a family liaison for special education
OEO: The Office of the Educational Ombuds provides online resources and 1:1 support
OCR: The Office for Civil Rights can help with questions about equity and access
ESD: Washington has nine Education Service Districts; each has a behavioral health navigator, and some are licensed to provide behavioral health services
CLIP serves children ages 5-17 by providing mental-health treatment and school in a secure, residential facility. Read on for more information about CLIP eligibility and how to initiate a referral.
Young people placed in CLIP could not recover adequately with the most intensive outpatient services available, which in Washington are provided through Wraparound with Intensive Services (WISe).
Family caregivers of young people with intensive behavioral health needs can request support from A Common Voice, staffed by lead parent support specialists. Find their contact information on the Center of Parent Excellence (COPE) page of the Health Care Authority’s website.
Families have few options to help a child with a psychiatric illness that makes in-home, community-based care unworkable. Local hospitals are designed to provide crisis care and generally do not keep a patient for mental health treatment and recovery beyond a few days or weeks. Sometimes those short hospitalizations are not long enough for lasting stability.
One choice for children 5-17 is the Children’s Long-Term Inpatient Program (CLIP), which provides intensive mental health services and school in a secure residential setting. A CLIP stay is usually about 6 months long. Eligibility for CLIP ends on the child’s 18th birthday.
Most CLIP referrals are for children with Medicaid—public health insurance, which is called Apple Health in Washington State. Families with private health insurance have access to CLIP but may be referred first to private facilities for long-term, inpatient care. Medicaid is the payer of last resort.
Who is Eligible for CLIP?
Youth ages 5 to 18
Legal residents of Washington State
Youth diagnosed with a severe psychiatric disorder
Youth at risk to themselves or others or gravely disabled due to a psychiatric condition
Youth who are not successfully treated through community-based mental health resources
Families are involved and children get school at CLIP
Parents/legal guardians engage with the treatment team while a child is at CLIP. The goal is to help the child stabilize and provide the family with skills and tools for a successful return to the home, school and community.
Children attend school while at CLIP. Teachers at the residential facility manage the student’s Individualized Education Program (IEP), or Section 504 plan, and help with transitions from and back into the student’s local school.
CLIP referrals may be voluntary or involuntary
Parents and legal guardians can refer children to CLIP. The first step is to know whether the referral is voluntary or involuntary. Parents can volunteer their children younger than 13 for residential treatment. Youth 13 and older must voluntarily go to CLIP unless they meet criteria for involuntary commitment.
The Revised Code of Washington (RCW 71.34.010) establishes that an adolescent 13-18 may be committed for up to 180 days of involuntary inpatient psychiatric treatment if commitment criteria are met. Residential placement at CLIP is one way to carry out a commitment order, which may be based on a standard of imminent threat (to self or others) or grave disability/severe psychiatric deterioration. Seattle Children’s Hospital provides a Guide to the Involuntary Treatment Act (ITA).
To refer a child or youth to CLIP for voluntary admission, the parent, legal guardian, or youth may get help by following a CLIP administration menu that starts with the name of the child’s heath plan. A child’s mental health provider or social worker also can support a CLIP application.
The family can request a hearing with a regional committee, which may then refer the case to the CLIP Administration for final approval. Sometimes a child is put on a waiting list for an available bed.
CLIP is a step up from WISe
Young people placed in CLIP have a record of being unable to access an appropriate level of care within their community. That usually means failure to recover with services from our state’s most intensive outpatient option for children and youth, which is Wraparound with Intensive Services (WISe).
The WISe program was begun as part of the settlement of a class-action lawsuit, TR v Dreyfus, in which a federal court found that Washington wasn’t providing adequate mental-health services to youth. WISe teams provide a wide range of therapies and supports with a goal to keep the young person out of the hospital.
Families engaged in WISe and/or CLIP services are encouraged to participate in their regional Family, Youth, and System Partner Roundtable (FYSPRT), which provides a place to share resources, solidarity, and feedback about the behavioral health system. See PAVE’s article: Families and Youth Have a Voice on Mental Health Matters Through FYSPRT.
Organize and prepare for a CLIP application process
Families need an organized set of medical and school paperwork to complete CLIP applications. Refer to PAVE’s article about document management for guidance about how to create a care notebook or other filing system for this and other purposes.
The regional CLIP committee includes care providers from managed care organizations and other agencies that may provide additional support and resources to the family, regardless of whether a CLIP referral is recommended. Generally, the committee determines that all community-care options have been exhausted before recommending a more restrictive placement through CLIP. The team will also make a recommendation based on whether the child is likely to benefit from the therapeutic program, which is mental health based and may not be a good fit for an individual with a severe form of developmental or intellectual disability.
Where is CLIP located?
The largest CLIP facility is the Child Study and Treatment Center (CSTC) in Lakewood, adjacent to Western State Hospital. CSTC provides about 60 beds in cottages that house children in groups by age and other factors. Additional options with fewer beds include:
Tacoma, The Pearl Street Center
Spokane, the Tamarack Center
Yakima, Two Rivers Landing
Further Resources
Washington’s Health Care Authority (HCA) has additional information about WISe, CLIP, early signs of psychosis, and Family Initiated Treatment (FIT). If a person 15-40 is newly experiencing psychosis, Washington offers a wraparound-style program called New Journeys (website link includes access to a referral form).
Asking for something you want or need for yourself or someone you love can take courage and inner strength. The ask is easier when you have basic advocacy tools. This short video provides a two-step process to help advocates step into their role with more confidence.
Here are the words that go with the video:
Being an advocate means speaking up to request something and pressing onward until the goal is met. The best advocates are really clear about two steps you cannot skip:
Know what you want, and;
Know who has the power to make that possible.
This may sound obvious, but it’s not always easy. Let’s break it down with an example.
This is Julia—she’s a mom. Her 7-year-old son, Jose, isn’t learning to read like other kids his age. Julia wonders if Jose might have a learning disability. She mentions this to the attendance secretary one morning. Nobody contacts her. She assumes her worries are wrong or not important.
Hmmm, that doesn’t sound quite right, does it?
If she applies our two-step guide to advocacy, Julia can try again. She starts here:
What does she want?
Who has the power to make that happen?
First, she wants her son to get more reading help at school. Second, a classroom teacher or a special education teacher might help, but the attendance secretary is not the right person to ask.
It will take some work to press onward. Julia may need an appointment to formally talk with Jose’s teacher or a school administrator to get her advocacy project started. Here are some questions she might ask:
What do I do if I think my son might have a learning disability?
Is there a form for me to request a special education evaluation?
Who should I send my request to?
When will I get a response?
What’s the process for getting services to help my son?
What are my options if I disagree with the school’s decision?
Making a list of questions is an advocate’s homework. Taking careful notes helps with planning and often leads to faster results.
Remember, Julia wants her son to get more help learning to read. Her questions will help her figure out who to work with and what to do next.
Advocacy requires persistence. Don’t give up, and keep your eye on these two questions:
What do I want?
Who has the power to work with me and make that happen?
Being stubborn is the right approach when it means self-determination. Having the drive to learn what you want and need and then speak up for yourself gives you control over your life.
I learned that lesson young. By age 6, I was advocating in my own healthcare. My doctor wanted to stick a swab up my nose and down my throat at the same time. I told him, “No!” and asked, “What would that accomplish?” I was not sick. Why put me through that? I had been through enough tests. If this one was not going to improve my pain or give me a diagnosis, then it did not need to happen. Because I spoke up, it didn’t!
My parents supported my growing self-advocacy and also advocated for me. As my voice blossomed, so did my skills for self-determination. The self-determination skills I worked on throughout childhood have helped me gain independence and make some of the most important adult decisions of my life.
When I was 8, I was diagnosed with a type of genetic peripheral neuropathy called Charcot Marie Tooth (CMT). The coating around my nerves becomes scarred and cannot be repaired, making it hard for my brain to tell my legs, arms, feet, and hands what to do.
I continued to have symptoms that did not quite fit this diagnosis, so testing continued. By age 12, I started asking whether further diagnoses would improve my quality of life. The answer was no, so I chose to end the poking and prodding and deal with my symptoms as they came.
Right after I turned 21, I was in tremendous pain and needed more help. Three years later, I had a second diagnosis: Heredity Spastic Paraplegia. Four years after that, the cause of my pain was finally found. My bladder was failing, which made it difficult to go to the bathroom. I eventually lost the ability to go to the bathroom on my own. On September 30, 2020, I made one of the best decisions of my life and had the Mitrofanoff surgery that now allows me to go to the bathroom independently.
I needed a lot of self-determination to get to this point. Before the surgery, one doctor advised against it, explaining that I wasn’t a good candidate due to my progressive neuromuscular disorders. She predicted that I would be incapacitated one day, so “why bother?” I decided that even if she were right, I wanted the independence that the surgery could provide now. I found a new surgeon. I am so thankful that I did!
My surgeon related well with me and supported my belief that I was “worthy” of this procedure. He agreed that it was a good choice to enable me to live more independently right now. The choice to proceed wasn’t easy or pain-free. I needed many tests and procedures, including a colonoscopy without anesthesia. Delays in scheduling the surgery tested my self-determination, but I persevered.
My surgery included a week in the hospital and months of recovery, but my stubborn nature helped me get through it all, despite the frustration of having limited manual dexterity and being legally blind. But I figured out how to go to the bathroom independently!
It took a lot of self-determination to move forward with one of the best decisions of my life, but I am proud that I made this decision. If you have a decision to make in your life, I hope you will tap into your own stubborn self-determination. Figure out what you need and want and speak up for yourself. I’m so glad I did.
About the author: Kyann Flint, Director of Accessibility for Wandke Consulting, is a passionate advocate for the disability community. As a person with a disability, she strives to educate society on how social barriers, like ignorance and stereotypes, limit the disability community. Kyann loves coffee and traveling.
Every person’s story has the potential to impact how others think or act. Disability rights have been legislated because of individuals who spoke up and sparked change. This video introduces a strategy for telling a potent story in two or fewer minutes, using your own hand to guide the process. Think of this as a hand model for an inspirational elevator speech to improve or inspire:
Self-advocacy
Public comment
A meeting with public officials
Legislative forums or candidate meetings
Community education
The Arc of Washington State provides pathways for people to participate in legislative advocacy. The Arc serves people with intellectual and developmental disabilities of all ages and their families.
Some staff members at PAVE are certified to teach Telling your Story with a Purpose, a training created by the state’s Department of Health and Seattle Children’s Hospital. For support to create your story, fill out a PAVE Helpline request, and a trained staff member will contact you.
Questions to consider first:
What is the challenge or problem that you, your child or your family faces? Think of a problem that also affects other people and families. Consider writing one sentence about people in general and one sentence about your own story, child, or family.
How does this challenge affect others?
How might this challenge affect others if nothing changes?
What needs to change?
What can be done to improve the situation?
Who has the power to make a change?
Key information for your story:
Who are you? Be sure to say your name and the district, city, or town you live in.
If you want to include information about other people be sure you have permission before sharing anything confidential, such as names, ages, or health information.
Clearly and simply describe the problem or challenge.
Explain why this is important.
Include a short story (4-5 sentences) about how this issue has affected you and your family. If possible, use a positive example – a situation where things went well and why you want others to have a similar experience.
What do you want your listener to do? State your request in one sentence with 30 or fewer words. Avoid a general request for “support.” Provide a clear action:
“I ask you to vote for…”
“I want you to change this policy in order to…”
“I want you to fund a program that…”
Stop and check: Consider if your comments might make the listener feel criticized or attacked. Focus on the solution. Make sure you’ve included statements about how others in the community can benefit.
End by restating your request and saying thank you. When possible, thank the listener for something they have done in the past that you appreciate–voting for a bill, serving on a committee, funding a program.
