Tag: BIP

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

Posted on by Nicol Walsh

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

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

A Brief Overview

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

Introduction

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

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

When Is Behavior a Sign That More Support Is Needed?

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

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

Behavior supports can take many forms, including:

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

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

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

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

An evaluation or school meeting may be helpful if:

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

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

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

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

A BIP may include strategies to:

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

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

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

What Happens When Behavior Leads to Discipline?

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

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

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

Questions to consider include:

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

Washington’s discipline rules also:

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

What Counts as a Removal From School?

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

Examples of removals include:

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

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

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

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

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

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

What Rights Continue During Suspensions and Other Removals?

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

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

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

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

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

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

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

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

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

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

Requests may include:

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

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

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

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

Learn More

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

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

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

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

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

Posted on by Nicol Walsh

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

A Brief Overview 

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

Introduction

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

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

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

Removing the Barriers to Evaluation

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

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

Appropriate Evaluation

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

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

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

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

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

From Evaluation Results to IEP

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

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

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

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

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

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

In What Areas Can a Student Be Evaluated?

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

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

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

Areas of evaluation

Download In What Areas Can a Student Be Evaluated?:
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Eligibility Categories for Special Education

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

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

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

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

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

Timeline of Evaluation and Development of an IEP

The school follows set timelines for the evaluation process:

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

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

Timeline of Evaluation and development of an individualized education program (IEP)

Download the IEP Referral and Evaluation Timeline:
English

Sample Letter to Request an Evaluation

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

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

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

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

Options When Families and Schools Disagree

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

Section 504 Protections

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

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

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

Learn More

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

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

Sample Letter to Request a Functional Behavioral Assessment

Posted on by Nicol Walsh

Families can formally request a Functional Behavioral Assessment (FBA) when a student’s behavior interferes with learning. This process helps schools identify the root causes of behavioral challenges and develop a Behavior Intervention Plan (BIP) to support the student’s success.

A Brief Overview

  • When a student’s behavior disrupts learning, schools are responsible for identifying the cause and implementing positive interventions.
  • A Functional Behavioral Assessment (FBA) gathers data to inform a Behavior Intervention Plan (BIP), which outlines strategies to support the student.
  • If a student with disabilities is disciplined, a Manifestation Determination meeting may be required to assess whether the behavior is linked to their disability. If so, the school must adjust services and may need to initiate or revise a BIP.
  • Families have the right to request an FBA at any time and should do so in writing to ensure clarity and documentation. They may include input from outside providers, and schools must respond with written rationale.
  • Requesting behavioral support does not mean removing a student from general education. Special education services must be provided in the Least Restrictive Environment (LRE) whenever possible.
  • Families can use the downloadable Sample Letter to Request an FBA—available in multiple languages—to formally initiate the FBA process. The letter may be sent via email, regular mail, or delivered in person. Families should keep copies of all correspondence for their records.

Introduction

When a student’s behavior gets in the way of their learning and/or the learning of others, the school is responsible to figure out how to support behavioral expectations. One way to do that is to assess why the student might be acting out and use that information to consider how positive behavioral interventions might teach the student what to do instead.

A Functional Behavioral Assessment (FBA) is one way schools gather information to understand why a student may be struggling with behavior. The data collected through an FBA helps the team develop a Behavior Intervention Plan (BIP), which outlines strategies and supports tailored to the student’s needs. Families can request an FBA in writing, and this article includes a sample letter to help start that process.

When behavior patterns begin to interfere with learning, it’s best for schools to respond early—before disciplinary action is considered. A proactive approach allows the team to identify what the student needs and how to support them in the classroom. This may include reviewing current services, adding supports, or conducting an FBA to guide the development of a BIP. Families can participate in this process. PAVE provides a video training called Behavior and School: How to Participate in the FBA/BIP Process that offers helpful guidance for understanding each step. Early intervention can prevent unnecessary discipline, as explained in PAVE’s article, What Parents Need to Know when Disability Impacts Behavior and Discipline at School.

A teacher or school administrator might alert parents and request consent to begin an FBA. The Office of Superintendent of Public Instruction (OSPI) is the state agency for Washington schools. OSPI provides guidance about discipline in a Technical Assistance Paper (TAP #2). Included are best practices for schools to follow when there are persistent behavioral concerns:

  • Develop behavioral goals in the Individualized Education Program (IEP)
  • Provide related services needed to achieve those behavioral IEP goals (specific therapies or counseling, for example)
  • Provide classroom accommodations, modifications and/or supplementary aids and supports (a 1:1 paraeducator, for example)
  • Provide support to the student’s teachers and service providers (staff training)
  • Conduct a reevaluation that includes a Functional Behavioral Assessment (FBA)
  • Develop a Behavioral Intervention Plan (BIP), as defined in the Washington Administrative Code (WAC 392-172A-01031) 

Manifestation Determination

If an FBA process begins after a student has been excluded from school through a disciplinary removal (suspension, expulsion, or emergency expulsion), families can review their procedural safeguards to understand rules related to a special education process called Manifestation Determination.

Here are the basics: When a behavior “manifests” (is directly caused by) a disability condition, then there is recognition that the student has limited fault for violating the student code of conduct. Management of behavior is part of the special education process. A Manifestation Determination meeting is to talk about how a student’s services can better serve their needs to prevent future behavioral episodes that are getting in the way of education.

Students with Individualized Education Programs (IEPs) may not be excluded from their regular educational placement, due to discipline, for more than 10 days in a school year without the school and family holding a Manifestation Determination meeting. According to the Washington Administrative Code (WAC 392-172A-05146), the student’s behavior is considered a manifestation of disability if the conduct was:

  • Caused by, or had a direct and substantial relationship to, the student’s disability
  • The direct result of the school district’s failure to implement student’s IEP

When these criteria are met, the school is responsible to review and amend the student’s services to ensure that the behaviors are addressed to prevent future escalations. If there isn’t a BIP, the school is required to develop one by initiating an FBA. If there is a BIP, the school is required to review and amend it to better serve the student’s needs.

Request FBA Formally, in Writing

Family caregivers can request an FBA/BIP process any time there are concerns that a student’s behavior is a barrier to their education. Families have the right to participate in all educational decision making for their students.

Make any request for an evaluation in writing. This is important because:

  1. There will be no confusion about how/when/why request was made.
  2. The letter provides critical initial information about what is going on with the student.
  3. The letter supports a written record of family/school interactions.

If the family wishes, they can attach information from outside providers with their request. For example, if an outside therapist or counselor has recommendations for behavioral interventions at school, the family has the option to share those. The school district is responsible to review all documents and respond with written rationale about how the information is incorporated into recommendations. Families may choose to disclose all, a portion, or none of a student’s medical information. Schools may not require disclosure of medical records.

Family caregivers/guardians must sign consent for any school evaluation to begin.

The FBA/BIP Might Prevent a Shortened School Day

According to OSPI, serving a student through a Behavior Intervention Plan (BIP) is a priority. OSPI discourages schools from reducing the student’s schedule because of behaviors:

“District authorities should not use a shortened school day as an automatic response to students with challenging behaviors at school or use a shortened day as a form of punishment or as a substitute for a BIP. An IEP team should consider developing an IEP that includes a BIP describing the use of positive behavioral interventions, supports, and strategies reasonably calculated to address the student’s behavioral needs and enable the student to participate in the full school day.”

A shortened school day should not be used to manage behavior when other supports have not been tried. OSPI’s Tips from the Special Education Division: Shortened School Days explains that an IEP team is encouraged to review current services, add supports, or conduct an FBA to better understand the behavior and determine appropriate next steps. The team can then use that information to update or create a BIP that includes strategies to help the student succeed.

Any change to a student’s schedule must be based on their individual needs. Decisions should reflect what the student requires to access their education—not general policies or broader operational considerations. If a student is sent home early without proper documentation or team discussion, that may count as a classroom exclusion or suspension. These actions can trigger protections under IDEA and must follow the correct process.

If the team decides a shortened day is needed, the IEP must explain why and include a plan to help the student return to a full day. The team should look at all options before making this decision and keep records of what was discussed and agreed upon. A shortened day should be temporary, based on data, and reviewed regularly to make sure the student is making progress.

Special Education is a service, not a location within the school

Please note that a request for behavioral support 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 eligible for special education services receive their education in the Least Restrictive Environment (LRE) to the maximum extent appropriate.

As further explained in PAVE’s article, Special Education is a Service, Not a Place, special education refers to the supports a student receives, while LRE refers to placement.

General education classrooms and spaces are the least restrictive. A child may be placed in a more restrictive setting if an IEP team, which includes family participants, determines that FAPE is not accessible even with specially designed instruction, accommodations, modifications, ancillary aids, behavioral interventions and supports, and other documented attempts to support a Free Appropriate Public Education (FAPE) within the general education environment.

If the student was removed from their previous placement prior to a manifestation determination meeting, the school district is responsible to return the student to their placement unless the parent and school district agree to a different placement as part of the modification of the student’s services on their IEP and BIP.

Sample Letter to Request an FBA

Below is a sample letter family caregivers can use when requesting a Functional Behavioral Assessment (FBA). You can cut and paste the text into your choice of word processing program to help you start a letter that you can print and mail or attach to an email. Or you can build your letter directly into an email format. Be sure to keep a record of all requests and correspondence with the school. If sending through email, the format can be adjusted to exclude street addresses.

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

You can email this letter or send it by certified mail (keep your receipt), or hand carry it to the district office and get a date/time receipt. Remember to keep a copy of this letter and all school-related correspondence for your records. Get organized with a binder or a filing system that will help you keep track of all letters, meetings, conversations, etc. These documents will be important for you and your child for many years to come, including when your child transitions out of school.

Final Thoughts

Navigating behavioral challenges in school can feel overwhelming, but families are not alone. Understanding the FBA and BIP process empowers caregivers to advocate for meaningful support that addresses the root causes of a student’s behavior. When families participate actively and make requests in writing, they help ensure that schools respond with thoughtful, individualized strategies that promote learning and inclusion.

Behavior is a form of communication. By working collaboratively with educators and service providers, families can help shape a learning environment that recognizes each student’s unique needs and strengths. With the right supports in place, students can thrive academically, socially, and emotionally—building confidence and resilience for lifelong success.

Learn More

Tips to Help Parents Reinforce Positive Behaviors at Home

Posted on by Nicol Walsh

Changes in routine, especially during school breaks, can be challenging for families, but using Positive Behavioral Interventions and Supports (PBIS) at home can help create calm, structure, and stronger relationships. PBIS focuses on teaching expected behaviors, using clear communication, and reinforcing positive actions instead of relying on punishment. Families can build supportive routines, model emotional regulation, and use simple strategies to guide behavior at home.

A Brief Overview

  • Positive Behavioral Interventions and Supports (PBIS) is a strategy schools use to teach children about expected behavior.
  • A key PBIS principle is that punishment fails to teach what to do instead. Adults can model calm responses and self-regulation with tools like self-care and mindfulness.
  • Behavior is a form of communication. When children act out, they may be trying to express a need, feeling, or frustration they don’t yet have the words for.
  • The easiest way to change a behavior is to point out what a person does right. Remember this catchy phrase, “5-and-1 gets it done,” to ensure five positive interactions for each negative interaction.
  • Families can use school-based PBIS strategies at home to create safe, consistent, and predictable environments.
  • PAVE provides a video with key information to help families and schools analyze a child’s behavior and develop a positive behavior support plan: Behavior and School: How to Participate in the FBA/BIP Process.
  • If you come up with some great behavior support strategies this summer, be sure to share them with the school in the fall!

Introduction

Changes in routine and seasonal transitions can cause emotional upheaval for families. A few strategies, described below, might help families keep things chill this summer and beyond.

These ideas come from education, where research has helped teachers see the benefits from using Positive Behavioral Interventions and Supports (PBIS). PBIS has been implemented in more than 26,000 U.S. schools. The PBIS framework has been shown to decrease disciplinary removals and improve student outcomes, including grades and graduation rates. When done well, PBIS provides positive social skills, communication strategies and “restorative justice,” (working it out instead of punishing) and may prevent 80-90 percent of problem behaviors.

PBIS is often part of a broader approach called Multi-Tiered System of Supports (MTSS), which helps schools and families work together to meet academic, behavioral, and emotional needs through different levels of support.

Positive support makes learning easier

PBIS research highlights problems with punishments, which are called “aversive interventions.” Research shows that a punished child is likely to go into an emotionally dysregulated state (fight/flight/freeze) that actually blocks learning. Chances are low that the child will know what to do next time because the punishment didn’t provide a learning opportunity.

PBIS teaches what to do instead – and how to do it. Adults who calmly guide children and youth toward a new way of problem-solving can interrupt or prevent an escalation and help the child make better and better choices moving forward.

Keep in mind that adults need to stay regulated to help children. PAVE provides resources to help adults work on their own self-control and support their children:

Behavior is a child’s attempt to communicate

Simple, consistent, predictable language is critical for teaching and reinforcing behavior, says Kelcey Schmitz, who works for the University of Washington School Mental Health Assessment, Research, and Training (SMART) Center.

“PBIS is a game changer for children and youth with behavior challenges and their teachers and caregivers,” Schmitz says. “In fact, everyone can benefit from PBIS. Behavior is a form of communication, and PBIS aims to reduce problem behavior by increasing appropriate behavior and ultimately improving quality of life for everyone. The same approaches used by schools to prevent problem behaviors and create positive, safe, consistent and predictable environments can be used by families at home.”

Schmitz, an MTSS training and technical assistance specialist, provides the following specific tips for creating a successful PBIS home environment.

Support Positive Behavior before there is a problem

PBIS is set up with three layers – called tiers – of support. The parent-child relationship is strengthened by loving and positive interactions at each level.

Tier 1 support is about getting busy before there is a problem. Much like learning to wash hands to prevent getting sick, expected behavior is taught and modeled to prevent unexpected behaviors.  Parents can look at their own actions and choices and consider what children will see as examples of being respectful, responsible, and safe.

Tiers 2 and 3 are where adults provide more support for specific behaviors that are getting in the way of relationships or how the child or youth functions. In a school setting, Tier 2 is for students who need a social group or some extra teaching, practice, and reinforcement.

Tier 3 support includes a Functional Behavioral Assessment (FBA) to find out why the behavior is occurring, and an individualized Behavior Intervention Plan (BIP). PAVE provides a video: Behavior and School: How to Participate in the FBA/BIP Process.

Any student may access supports that include aspects of Social Emotional Learning at all three Tiers. At home, Tiers 2 and 3 naturally will be more blended and may include support from a community provider. Note that targeted interventions in Tiers 2-3 work best when Tier 1 is already well established.

Define, teach, and routinely acknowledge family expectations

Discuss how you want to live as a family and identify some “pillars” (important, building-block concepts) that represent what you value. Talk about what those pillars look, and sound like in everyday routines. To help the family remember and be consistent, choose only 3-5 and create positive statements about them. Here are a few examples:

  • Speak in a respectful voice.
  • Be responsible for your actions.
  • Be safe; keep hands, feet, and objects to self.

Identify a couple of “hot spots” to begin. Challenging behaviors often occur within routines. Perhaps mornings or mealtimes create hot spots for the family. After discussing 1-2 ways to be respectful, responsible, and safe in the morning, teach what each looks like. Have fun with it! Set up “expectation stations” for practicing the plan and assign each family member one pillar to teach to the rest.

Behaviors that get attention get repeated. Notice when a child does the right thing and say something about each success: “I noticed you stopped to pick up your shoes in the hallway. Thanks for putting them away and keeping the walkway safe for others.” The easiest way to change a behavior is to point out what a person does right!

Remember this catchy phrase, “5-and-1 gets it done” to ensure five positive interactions for each negative interaction. When the expected behavior becomes routine, the reinforcement can fade away.

Create engaging and predictable routines

Children crave structure and routine. Adults may look forward to a relaxing evening or weekend, but kids often need regular activity and engagement. Consider that either the kids are busy, or the adults are busy managing bored kids!

Use visuals to create predictability. A visual schedule can display major routines of the day with pictures that are drawn, real photos, or cut-outs from magazines. Create a schedule together, if possible.  Parents can ask a child to check the schedule – especially when moving from a preferred to non-preferred activity. It’s hard to argue with a picture!

Set the stage for positive behavior

Teach, pre-teach, and re-teach. Children need to learn behavior just like they learn colors and shapes. A quick reminder can help reinforce a developing skill: “When we get in the car, sit up, buckle up, and smile!”

Give transition warnings or cues to signal the end of one activity and the beginning of another: “In five minutes, it will be bath time.”

First/then statements set up a child for delayed gratification: “First take your bath; then we can play dolls.”

Focus on Go instead of Stop. Children often tune out words like No, Don’t and Stop and only hear the word that comes next, which is what an adult is trying to avoid. Tell a child what to do instead of what not to do: “Take your plate and put it in the sink.” Save Stop and No for dangerous circumstances that need a quick reaction.

Choices prevent power struggles: “Would you rather play for five more minutes or get in the bath now?”  “Feel free to choose the pink pajamas or the green ones.”

While these strategies may not eliminate all problem behaviors, they create consistency, predictability, and a more positive atmosphere. They teach new skills to help children get their needs met. The solid foundation will help even if challenging behaviors persist by creating a bedrock for additional layers of support.

Final Thoughts

Supporting positive behavior at home doesn’t require perfection—just patience, consistency, and a willingness to learn alongside your child. By using clear communication, setting routines, and teaching expected behaviors, families can create a calm and connected environment where everyone thrives. These strategies not only make summer smoother but also build skills that carry into the school year. If you come up with some great behavior support strategies this summer, be sure to share them with the school in the fall! Working together, families and schools can create strong, supportive systems that help every child succeed.

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Children Do Well if They Can: A Behavioral Strategy from Ross Greene

Posted on by Nicol Walsh

Child Expert Ross Greene wants adults to rethink the way they support children who struggle with their behavior. He offers two reasons children behave in unexpected ways:

  • Lagging skills
  • Unsolved problems

Greene says about 80 percent of problem behaviors at school are due to academic struggles and the rest are related to social inadequacies. To help children make good choices and participate in their education, he says, adults need to collaborate with children to help them learn the skills they need and solve problems that are getting in the way.

PAVE was among state agencies that collaborated to offer an online training for educators and families that Greene provided near the end of 2022. That training, Children Do Well if They Can, is available on-demand. Greene says adults are misguided when they presume children do well only if they want to.

“There is 0 research telling us that kids respond poorly to problems and frustrations because they’re poorly motivated,” Greene says. “That study doesn’t exist. There’s a mountain of research telling us that they’re lacking skills. What skills? Here are the umbrella skills: flexibility, adaptability, frustration tolerance, problem-solving, emotion regulation.”

Families that agree with Ross Greene’s approach can tell the school they want to follow this model in rethinking a student’s supports at school. The lagging skills and unsolved problems can be addressed through a well-built Individualized Education Program (IEP) with a positive behavior support plan, Greene says.

A key point is that “escalation” is downstream. The unsolved problems and lagging skills are addressed “upstream,” before a troubling behavior shows up. For example, an accommodation to support a student “when frustrated” is downstream. If adults instead figure out what problem is causing frustration, they can collaborate with the child to solve that problem and prevent frustration.

If, for example, a child is not learning to read at the same rate as peers, the child might need to be taught reading in an individualized way to have success in reading and regain confidence. That might solve a long-term problem. If the student instead takes a break every time they get frustrated, they might never get better at reading. The problem is pushed down the road.

Greene provides a questionnaire for families and schools to start with—before they discuss what needs to be in the IEP or behavior plan. His form is called the ALSUP—Assessment of Lagging Skills and Unsolved Problems.

The video, Children Do Well if They Can, is about 2 hours and includes comments by Washington State leaders who are proposing an end to isolation/restraint practices in schools. Greene’s presentation lasts about an hour and begins about 15 minutes into the video.

PAVE provides many resources to support families whose children are missing educational opportunities due to behavior. Type the word “behavior” or “discipline” into the search bar to explore other options. Here are places to begin:

Discipline and Disability Rights: What to do if Your Child is Being Sent Home

Posted on by Nicol Walsh

Learning the skills to maintain expected behavior and follow school rules is part of education. All students learn social, emotional and behavioral skills. Students with disabilities may get extra help in these areas of learning. Some have individualized behavior support plans.

When the pre-teaching and interventions fail to stop a behavior from causing a problem, the school might call a parent to say, “Take them home.” What happens next could depend on how well-informed parents are about the rights of students with disabilities.

This video provides key information about what to do if your child is being sent home. The first thing to ask is, “Are they being suspended?” If the answer is yes, the school is required to file specific paperwork. If the answer is no, a parent has choices and may support better long-term outcomes by carefully documenting what happens next.

Below are links to resources referenced in the video:

Transcript of Discipline and Disability Rights: What to do if Your Child is Being Sent Home

Learning the skills to maintain expected behavior and follow school rules is part of education. All students learn social, emotional and behavioral skills. Students with special needs may get extra help in these areas of learning. Some have individualized behavior support plans.

When the pre-teaching and interventions fail to stop behavior from causing a problem, the school might call a parent to say, “Take them home.” What happens next could depend on how well-informed parents are about the rights of students with disabilities. This video provides key information to help.

First let’s talk about what exclusionary discipline means. If school staff remove a student from the place they are supposed to be during school, because of their behavior, then it’s exclusionary discipline. Out-of-school suspensions, expulsions, and in-school suspensions count. An in-school suspension might mean getting sent to the office, for example.

Informal removals like when the school calls parents to take a child home because of their behavior is exclusionary discipline if parents feel they have no choice. A regularly shortened school day also may be a form of exclusionary discipline if the school offers this as the only option.

These final two points might seem like a surprise. Let’s clarify a few things. It’s important to know who is making the decisions. If the family chooses to take a child home early because they aren’t feeling well physically or mentally, then it’s not exclusionary discipline.

If an IEP or Section 504 team decides it’s in the student s best interests to attend school for fewer hours, then it’s not disciplinary. If a teacher takes a student into the hallway for a short chat before returning to class, then it likely doesn’t count as a disciplinary action.

Disciplinary removal from school is a decision made unilaterally by the school. If the family

believes they have no option but to take their child home or if the school imposes a shorter

day without having a meeting to talk it through, then it counts as exclusionary discipline.

The school would essentially be changing a student s placement without the consent of

the school-and-family team in charge of those decisions.

We need to know a few things about student rights to fully unpack this topic, so here’s a quick take  on student rights. They are shown here as a pyramid. All students have rights at the bottom. Students with special educational services are at the top and have all these rights.

Special education rights are protected by a federal law called the IDEA the Individuals with Disabilities Education Act. IDEA protects the rights of students with Individualized Education Programs IEPs. IDEA has specific rules about what has to happen when a student with an IEP is excluded from school for behavior.

A student s Civil Rights are protected by federal laws also. The United States Office for Civil Rights OCR upholds these laws and provides specific guidance about what schools have to do when they discipline students with disabilities. Civil Rights laws protect students with IEPs, students with Section 504 Plans, and students with known or suspected disabilities who need to be evaluated to see if they are eligible for services. Sometimes discipline is the reason a student is evaluated to determine eligibility for services.

General Education Rights are protected by ESSA, which stands for Every Student Succeeds Act. Every child in the United States has the right to attend school, regardless of life circumstances that might include disability, poverty, racism, unstable housing, citizenship status, or something else. The public school responsible for serving a student cannot send them away without following specific state and federal rules.

To uphold the rights of students, schools are responsible to teach expected behavior in culturally appropriate ways and to help students stay in school and learning. The US Department of Education provides information about student rights. In July 2022, the Departments Office for Civil Rights published a 41-page document describing the rules schools must follow when they discipline students with disabilities. That document is called Supporting  Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973.

The document includes information that students with disabilities and students who are Black, Indigenous, or People of Color are disciplined at higher rates. BIPOC students with disabilities are the most impacted by discriminatory policies and practices. As part of their responsibility to support inclusion, schools may not exclude students in ways that discriminate. Knowing that schools are responsible to teach and cannot send students away without going through a formal, well-documented process, what’s a parent to do if the school calls and says to take the student home?

The rest of this presentation provides some guidance, summarized on this slide. The first step is to ask whether the student is being suspended. Requesting paperwork and tracking missed time is critical to hold the school accountable. An important number in this process is 10 that s how many days a student with a disability can miss due to discipline before the school is responsible to host a specific meeting called manifestation determination.

More about that in a moment. Communication is critical to improving outcomes when a student’s behavior is interfering with school. Families can ask for regular information about a student s behavior, and schools can send data tracking sheets home to make sure everyone knows how things are going. Let’s unpack these five points.

For a student to be sent home, the behavior must be severely disruptive or dangerous. If that’s what’s happening, then your child is being suspended or emergency expelled. Schools must report suspensions and expulsions to the family and to the state. If the school calls and asks you to take your student home, Step 1 is to ask: Are they being suspended?

If a student is being formally excluded from school because of their behavior, state law requires written notice to parents that includes: A description of what they did wrong including what school rule was broken Dates that the suspension starts and ends What the school tried first that didn’t work and why they chose to send the child home How the student will be provided education while away from school Information that the student and parents have the right to meet with a school administrator to talk about what happened And information about the family s right to appeal the action.

Note that all this information must be provided in a language and format that is accessible to the family. If the school says the student isn’t being formally suspended, then parents have choices. They can take the student home and call it a mental health day. Washington law requires schools to accept behavioral health reasons for students to be absent. On this slide are

a few questions families may want to consider asking:

  • Parents can ask for a meeting to talk about services. If the student doesn’t have a Section
  • 504 Plan or an IEP, it might be time to request an evaluation to see about eligibility for services. If the student doesn’t have a positive behavior support plan, a meeting could be arranged to talk about that option.
  • Parents might say they want the student to stay at school and ask for information about how and where education will be provided if the student stays. Parents can request paperwork about what happened and what the school tried before calling home.
  • Be sure to ask how the school will record the absence if the student leaves school.
  • Will it be excused, unexcused, or recorded as exclusionary discipline?

One reason it’s important to document every time a student is sent away for behavior is a specific special education process called Manifestation Determination. Manifestation Determination is a formal name for a meeting where the school and family talk about what happened and decide whether the behavior was directly related to the student s disability.

If yes, the team determines that the behavior was a manifestation of disability. In that case, it’s especially important to consider what additional supports are needed to scaffold the student’s behavior doesn’t keep interrupting school and learning. Manifestation Determination is required when a student with disabilities misses 10 or more days of school because of behavior. Those days might include partial days, informal suspensions, and in-school suspension.

A Manifestation Determination meeting includes discussion about whether an IEP, Section 504 Plan, or behavior support plan is being followed appropriately and whether it’s got everything the student needs to successfully learn expected behaviors. If no, the team is responsible to make changes. That might mean gathering more information through an evaluation or bringing together more expertise from the district or outside providers. The team may discuss changing the student s placement.

Washington s state educational agency, OSPI, provides detailed information about manifestation determination and other disciplinary rules for students with disabilities. One place to get that information is a Technical Assistance Paper called TAP #2, available through OSPI s website, which is k12.wa.gov. PAVE provides a link on the page where you clicked to watch this video.

Here is a general tip for parents to prepare for ups and downs. If parents tell the school they want to know the good, the bad, and the ugly, they are setting up a communication pathway for whatever happens. Hopefully, collaborative problem-solving will result. For example, knowing what’s going well will help everyone support the student to build on strengths. Knowing what’s not going well might prevent problems from getting worse. Saying you want to know the ugly might help the school understand that you want to work together and don’t want them to gloss over a behavioral incident by sending your student home without an official suspension, for example. When every trouble is treated as a chance to learn and improve, progress can accelerate.

Here s a PAVE resource that might provide additional information you’re looking for. On our home page, under the calendar, is a Behavioral Health Toolkit, with information about crisis systems, school-based services, medical systems, family support agencies, advocacy opportunities, and more. Within the behavioral health toolkit is a video about best practices for supporting behavior at school. A Functional Behavioral Assessment is called an FBA. That assessment can gather information for schools and families to develop a positive behavior support plan.

The name for that plan is BIP Behavior Intervention Plan. PAVE s video can help families and schools work to make sure the FBA and BIP are unbiased and built to teach a student what they can choose instead of behaviors that are leading to problems. PAVE provides a sample letter requesting an FBA. Look for it within our toolkit of sample letters.

This training is provided by Parent Training and Information (PTI), a program of PAVE. Our non-profit has been helping families in Washington State since 1979. Students, family members, and professionals can get direct assistance by going to our website, wapave.org, and clicking Get Help. We provide language translation options. Your can also leave a message by phone to request help: 800-572-7368. If you need help with the accessibility of any of our resources, please let us know. This slide is a reminder that PAVE is not a legal service agency and cannot provide advocacy, advice or legal representation. Our goal is to empower families by providing information and access to resources.

Thank you for listening and learning today and for being an advocate for someone with unique needs! Remember that it’s not your job to hold up the entire world and that you need time to care for yourself and recharge your batteries. Please practice self-care and make sure your own social-emotional needs are a priority. PAVE is here to help at wapave.org.

Behavior and School: How to Participate in the FBA/BIP Process

Posted on by Nicol Walsh

This 2-part training has information about how to support a child’s behavior at school. When behavior gets in the way of learning, schools are responsible to figure out what the child is trying to communicate and to teach the child what to do instead.

PAVE’s accessible, fillable worksheet goes with the videos to help with behavior planning.

The process of figuring out why a child is acting out is called a Functional Behavioral Assessment—FBA for short. The first video in this 2-part series is about the FBA process.

A Behavior Intervention Plan—BIP for short—is a working document that the school and family build together and review regularly to make sure the child is supported with positive reinforcement and encouragement for meeting behavioral expectations. The second video in this 2-part series is about BIP development.

PAVE provides a Sample Letter to Request a Functional Behavioral Assessment to help families formally ask the school to assess their child’s behavior and consider how to thoughtfully build a behavior support plan.

Schools are guided by the state to use best practices when evaluating and serving students with special needs. The Office of Superintendent of Public Instruction (OSPI) is the state educational agency in Washington State. OSPI’s website is k12.wa.us. A page called Model Forms for Services to Students in Special Education has links to downloadable forms schools use to develop IEPs, Section 504 Plans, and more.

Here are links to OSPI’s model forms for:

After you view the video, please take a quick moment to complete our survey. Your feedback is valuable!

Webinars offer Parent Training to Support Behavior during Continuous Learning

Posted on by Nicol Walsh

While school facilities are closed because of COVID-19, families impacted by disability face complex challenges. For some, children’s difficult behaviors are a regular concern. According to the Centers for Disease Control and Prevention (CDC), stress and anxiety in children and youth may show up through unexpected or maladaptive behaviors. Those behaviors might get worse because of fear, isolation, and disrupted lives.

Meanwhile, some of the help that used to be there is gone. At school, students may have gotten 1:1 support or direct instruction to encourage behavioral skill-building. Those aspects of a special education program might be difficult or impossible to provide during social distancing.

While students are learning from home, parents can request individualized support from the school to support behavioral expectations, if behaviors have educational impact. Parent training can be a related service in a student’s Individualized Education Program (IEP). As always, family caregivers can request an IEP meeting to discuss options to support academic and behavioral goals and expectations.

If the student has a Behavioral Intervention Plan (BIP), that document might hold clues about strategies most likely to work. For more ideas about how to communicate with the school in reviewing a student’s program and perhaps also designing a temporary Continuous Learning Plan, parents can refer to PAVE’s article: IEP on Pause? How to Support Continuous Learning with School Buildings Closed.

To generally support caregivers in their various roles during COVID-19, Washington’s Office of Superintendent of Public Instruction (OSPI) offers a three-part webinar designed for families to help with behavior in continuous learning environments. The webinar has been recorded and uploaded to YouTube in sections, so families can access the content at their own pace.

The webinars are moderated by Lee Collyer, OSPI’s program supervisor for special education and student support. Collyer, a parent, describes his own challenges during the pandemic alongside ideas from research-based sources. Families are invited to send questions and comments to lee.collyer@k12.wa.us.

In various forums, Collyer has described his investment in fostering positive behavioral supports for students in order to reduce disciplinary actions. In a May 13, 2020, OSPI webinar about Mental Health and Safety, Collyer said, “My fear is that we’re going to try to discipline our way out of trauma.”

Following is a brief description of each segment of the three-part webinar series, with a link to each specific webinar. If you start with the first one, you will have the option to stay connected and flow through all three. Each segment is 20-25 minutes long, and the first one includes some background information about OSPI and Collyer’s role.

Supporting Positive Behavior in Continuous Learning Environments – Part One

Collyer begins the series by sharing OSPI’s official statements related to mission, vision and equity. He offers reassurance to parents that everyone is learning something brand new together, without time for proper training, and that “We should not let pressure from schools, teachers or school communities dictate what works for our family and what kind of learning we are prioritizing during this time.”

Collyer talks about the value of learning that is imbedded in everyday activities and part of family routines. He shares insights from psychiatrist Bruce Perry and psychologist Ross Greene, both widely regarded authors who apply their research to inform parents. Their names are linked here to practical articles about supporting positive behavior, and both are easily searchable to find additional materials.

The OSPI webinar includes signs of stress and anxiety to consider. Collyer recommends behavior solutions based on skill building: If children do not know how to do something (like behave), the answer is to teach, he points out, not punish. The segment ends by explaining how behavior serves a function and understanding that function is key to reducing escalations.

Supporting Positive Behavior in Continuous Learning Environments – Part Two

The second segment begins where the first leaves off, by discussing the functions of behavior and how to identify them and intervene early. Pre-teaching skills and reinforcing positive behaviors over negative ones in a 5:1 ratio is encouraged: For the best outcome, catch a child doing what is expected and provide encouragement five times more often than calling out an unexpected behavior.

The second segment also provides some specific strategies for home/school communications. Collyer describes the difference between a consequence and problem-solving and offers specific strategies for parent/child problem-solving.

Supporting Positive Behavior in Continuous Learning Environments – Part Three

The third segment begins with information about how a crisis might escalate and how reason and logic are compromised when fear and frustration highjack a person’s response system. Adults may need to consider their own escalation cycles and develop a personal plan for self-control to support children, Collyer says.

He describes how children might be uneven in their development of cognitive versus social-emotional skills and how that might create confusion about the best parenting strategy. How to set limits with considerations for trauma and ways to shift from negative to positive interventions are additional strategies provided in the final segment of this webinar series.

For additional resources from OSPI, visit the page for Special Education Guidance for COVID-19.

 

A Supreme Court Ruling Could Impact Your Child’s IEP

Posted on by Nicol Walsh

A Brief Overview

  • The parents of a child named Endrew F argued that their son with a disability deserved more from his public school. They appealed their case all the way to the Supreme Court, and the ruling in their favor could mean more robust rights for all children with Individualized Education Programs (IEPs).
  • The implications of this unanimous decision are reverberating through schools and agencies that oversee special education. Read on to learn how you can participate in important conversations about these uplifted standards.
  • Learn key phrases from this ruling to help you be a proactive member of your child’s IEP team. The U.S. Department of Education has an important guidance document that includes some of this language: For example, a school must offer an IEP “to enable a child to make progress appropriate in light of the child’s circumstances.” The court additionally emphasized the requirement that “every child should have the chance to meet challenging objectives.”
  • This article and the included resource links can help you understand the Endrew F ruling and how you might use this information in advocating for your child’s rights.

Full Article

Endrew F (Drew) is a student with autism, ADHD and challenging behaviors. His disabilities impact his academic and functional skills, including his ability to effectively communicate about his emotions and needs. He attended a public elementary school in Douglas County, Colorado, and qualified for special education with an Individualized Education Program (IEP). His parents moved him to a private school in fourth grade, arguing that:

  1. Drew did not make measurable progress on the goals set in his past IEPs, and
  2. The IEP did not address Drew’s escalating behavior problems.

Drew had more success at the private school, and his parents filed a Due Process complaint with the Colorado Department of Education in 2012. They requested reimbursement for the private school tuition on the basis that the public school had failed to provide access to a Free Appropriate Public Education (FAPE), which is a cornerstone of the Individuals with Disabilities Education Act (IDEA), the federal law that governs special education.

The parents argued, and lost, at the state, district and circuit court levels. These lower courts ruled that because Drew had made at least some progress toward his IEP goals, then the school had met its obligation to provide FAPE. Wrightslaw is one source for more detail about the case and its history.

The family filed an appeal with the Supreme Court of the United States (SCOTUS), and on March 22, 2017, the court ruled in their favor. The ruling, which took effect immediately, ended a discrepancy in circuit courts across the country by determining that a trivial amount of progress (“merely more than de minimis”) is insufficient to satisfy a student’s right to FAPE. In order to meet its “substantive obligation under the IDEA,” the court stated, “a school must offer an IEP that is reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

Since then, a variety of agencies have been analyzing the court’s unanimous ruling and creating guidance documents to help schools and families understand the implications of this case. On April 9, 2018, The Office of Special Education Programs (OSEP) provided a two-hour webinar with speakers from various education fields to discuss the ruling and its broad-sweeping impact on schools and families. Parents need to understand this case, the experts agree, because family voices are critical to raising the level of expectation.

High expectations are a theme in discussions about the ruling. Some other emerging themes:

  • Parents/guardians are the first and most important lifelong teachers of their children. They, therefore, need to be fully welcomed and heard as key collaborators in the process.
  • IEP teams need to assure relevance when writing appropriately ambitious IEP goals for lifelong learning and success in varied environments. Goals toward narrowly defined academic “mastery” often miss this opportunity to create flexible learners.
  • State academic standards should be noted at the IEP table, but challenging objectives are to be individualized, not “one size fits all” or based in goals generated by computer data programs.
  • Educational benefit is determined on an individual basis, and standards for measurement must be varied and rigorous to ensure meaningful progress.
  • An IEP with the same goals year-after-year does not meet the standard of FAPE.

The Statewide Parent Advocacy Network (SPAN) issued a summary of the Endrew F ruling that includes a list of “Roles and Responsibilities” for professionals and families. “This new standard will require a prospective judgment by school officials that will be informed not only by the expertise of school officials, but also by the input of the child’s parents and guardians,” SPAN stated in this overview document.

Understood, a consortium of non-profit agencies committed to providing information on attention and learning problems in children ages 3-21, developed a free, downloadable Endrew F Advocacy Toolkit that provides a four-page handout of Talking Points and a four-page IEP Worksheet to assist parents in using principles from the Endrew F ruling in their own advocacy. For example, the court’s ruling included the words “appropriately ambitious” as a requirement for IEP goals. The worksheet offers a place where a parent can record a list of areas that they feel a child’s goals might not be ambitious enough. The worksheet then suggests a script for a parent to use at an IEP meeting:

“I know that my child’s goals should be appropriately ambitious. Even if my child is behind in academics, the IEP goals should aim to help my child catch up. When can we look at present level of performance and put services and supports in place, so we can set goals that allow my child to meet the same standards as his peers?”

The National Center for Parent Leadership, Advocacy, and Community Empowerment (National PLACE) offered a Webinar to explain how the ruling provides families with a new advocacy tool. PLACE, a membership organization whose website is named “Parents at the Table,” has made available some resource documents, including a Power Point with a set of slides titled: “What Parents Can Do.” For example, PLACE suggests that parents prepare questions for an IEP meeting using key phrases pulled directly from the Supreme Court’s ruling. Here are some sample questions:

  • Has the team carefully considered my child’s potential for growth?
  • Have we considered whether my child is on track to achieve or exceed grade-level proficiency?
  • Are the goals appropriately ambitious, with sufficiently challenging objectives?
  • How is the IEP reasonably calculated to enable my child to make progress appropriate in light of his circumstances?

PLACE emphasizes that parents should not accept an IEP with the same goals and objectives from year to year, indicators that a child has failed to make meaningful progress. And, using language directly from the SCOTUS ruling, PLACE encourages parents to hold schools accountable for a child’s progress by requesting a “cogent and responsive explanation” for decisions about goals and progress measurements.

Diana Autin, an attorney and executive director of National PLACE, uses the webinar platform to review foundational principles of the IDEA, re-authorized by Congress in 2004, to set a stage for understanding new guidelines related to the SCOTUS ruling. “It’s important to note that Endrew F can’t be understood or defined or used without it being within the context of the IEP requirements of IDEA,” she says.

Autin shares the PLACE webinar platform with Michael Yudin, former assistant secretary at the U.S. Department of Education and a longtime national leader in disability rights. Yudin points to key language in the ruling that clarifies earlier Department of Education guidance documents that he helped develop. The heart of IDEA, he says, is specially designed instruction that helps students reach goals that are “ambitious but achievable” and in alignment with grade-level content standards. “Specially designed instruction is adapting as appropriate to the needs of the child,” Yudin says, “so that the content, methodology and the delivery of instruction are appropriate to ensure access to the general curriculum so that the child can meet the educational standards that apply to all children.”

Inclusion sometimes requires access to specially designed instruction in Social-Emotional Learning (SEL), and the Endrew F decision reinforces the IDEA’s requirement for necessary behavioral interventions and supports, Yudin says. “This guidance clearly states that failure to consider and provide those needed behavioral supports and interventions through the IEP is in fact likely to result in a denial of FAPE.”

The child at the heart of this landmark case, Drew, struggled with phobias and had behaviors that included screaming, climbing over furniture and occasionally running from school. According to the PLACE webinar: “His parents believed that his progress had stalled and that the strategies used to address his behaviors were insufficient to allow him to learn.” Behavior interventions at the private school chosen by Drew’s parents helped, and his access to learning improved. In considering all aspects of the case, including a lack of suitable behavior interventions, the Supreme Court ruled that the public school had denied Drew access to FAPE.

A child “must be afforded the opportunity for significant learning,” the court stated. And individualized supports and programming must provide for more than “de minimis,” or trivial, progress to meet the standard of FAPE. “For children with disabilities, receiving instruction that aims so low would be tantamount to sitting idly,” the court wrote, “…awaiting the time when they were old enough to drop out.”

The ruling in Endrew F has brought new emphasis to existing policy related to discipline and behavior. On August 1, 2016, the U.S. Department of Education issued a Dear Colleague guidance document to establish clarity about the IDEA’s requirements for behavioral assessments and interventions. “Recent data on short-term disciplinary removals from the current placement strongly suggest that many children with disabilities may not be receiving appropriate behavioral interventions and supports, and other strategies, in their IEPs,” the document states. “In light of research about the detrimental impacts of disciplinary removals… the Department is issuing this guidance to clarify that schools, charter schools, and educational programs in juvenile correctional facilities must provide appropriate behavioral supports to children with disabilities who require such supports in order to receive FAPE and placement in the least restrictive environment (LRE).”

The Office of Special Education Programs (OSEP) offered a summary of policy that included this statement: “Parents may want to request an IEP Team meeting following disciplinary removal or changes in the child’s behavior that impede the child’s learning or that of others, as these likely indicate that the IEP may not be properly addressing the child’s behavioral needs or is not being properly implemented.”

For further information about the Endrew F decision and its implications, refer to the following resources: