Student Rights, IEP, Section 504 and More

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

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

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

Here are resource links referenced in the video:

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

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

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

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

Video number 2: Accommodations and Modifications

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

Here are resource links related to this video:

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

Video number 3: IEP Goal Setting

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

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

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

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

Healthcare in Transition

Healthcare transition, like all other aspects of transitioning to adult care and services, can be difficult. However, if teenagers and families plan ahead for healthcare changes that occur when a child becomes an adult, things can go smoothly and be successful. Here are some resources and information for making the health care transition to adult care successful and seamless.

There are two main components for individuals transitioning from pediatric (children’s) to adult health care.

  • New medical providers and systems, including changes in insurance.
  • The young adult’s new responsibility to be in charge of their own health care.

Health Insurance and Providers

For individuals on Medicaid, Medicare, or private health insurance, eligibility, cost, and what services are covered may change.

Washington’s Medicaid option, Apple Health, has different financial requirements for adults than they do for minors. See the chart below for current income requirements for Apple health.

ProgramSingle person2-person house-hold3-person household4-person household5-person household6-person household7-person household
Apple Health for Adults, age 19 through 64 years of age$1,677 monthly$2,268 monthly$2,859
monthly
$3,450
monthly
$4,042
monthly
$4,633
monthly
$5,224
monthly
Current income requirements for Apple Heath
  • To apply or renew for Apple Health, go to the Health Plan Finder website.  Even if an individual is not eligible for fully subsidized healthcare, the Health Plan Finder can reveal some low-priced options. 
  • For young adults on their parents’ private insurance, they will have coverage under their parent’s plan until they are 26, at which time they will need to apply for their own health insurance.  The Health Plan Finder can help you find affordable options, including Apple Health.
  • For individuals under 65 who are receiving Medicare due to a disability, insurance should not change due to the transition to adulthood.

A person’s health insurance may limit the health care providers available. Once you and your family know what type of health insurance you will have, you can select from physicians and other health professionals who accept that insurance. Most medical practices either list what insurances they accept, or you can call the office and ask. Health care insurance plans may also send information on where to find a provider, or you may find it on their website.

Taking on Responsibility for Health Care and Decisions

Healthcare is just one of many new responsibilities that young people take on as they become adults.  Parents can avoid overwhelming a teen with new obligations, beginning with giving younger teens options and increasing tasks to help them adapt to this change.  There are several resources for families and youth to use in this transition:

  • Family to Family has a youth-written curriculum about Transitioning to Adult Doctors for individuals with disabilities that can help teens start their medical transition journeys.
  • Charting the LifeCourse™ was created by families to help individuals and families of all abilities and all ages develop a vision for a good life, including their health care.
  • Got Transition is a comprehensive website about the transition to adult health care, with quizzes, FAQs, and timelines to make it easier to understand.
  • The Center for Transition to Adult Health Care for Youth with Disabilities is a national health care transition resource center. The goal of the center is to empower youth and young adults with intellectual and developmental disabilities (ID/DD) ages 12-26 to direct their own transition from pediatric to adult care with no reduction in quality of care and no gaps in service.

Beyond these resources, the most useful are the young adults, whether you are the parent/caregiver or a transitioning individual. It’s important to recognize that lived experience gives knowledge even in a new situation. There is the knowledge of medical need that may not be in a chart, emotional or behavioral challenges, developing self-determination that supports transition, and other important things only you know.  Next in line are the current medical providers and specialists.  They not only have helped numerous other teens transition to adult healthcare, but they are a part of developing the care plan, a critical resource for transitioning to an unfamiliar doctor or clinic when a young adult may have complex care needs.   Doctors’ office staff are also used to dealing with these issues and may have some good planning advice for families.  Lastly, advice from families who have already helped a child transition to adult care can help to know what to do—and what not to do!  Parent-to-Parent can match parents up with families who have already gone through such transitions with those who seek their knowledge and experience.

5 Tips for Success in Healthcare Transition


Including Health Considerations in the Transition Plan

Parents, Students, and everyone on the IEP team should think about how health and healthcare can affect a student’s goals for college, work and living on their own. PAVE has made a fillable form that you can download when starting to think about this area in transition.

Including Health Considerations in the Transition Plan

Parent Participation in Special Education Process is a Priority Under Federal Law

A Brief Overview

  • Schools are required to accommodate parents 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.
  • A meeting that includes family is a higher priority than a renewal deadline.
  • If a deadline is missed, a student’s IEP services continue uninterrupted while meeting schedules are arranged to include family participation. The student’s eligibility does not expire.
  • The Washington Administrative Code (WAC) describes the participation rights of parents (WAC 392-172A-05001).
  • Failure to accommodate parent access to meetings when a child’s eligibility or services are discussed is a denial of the student’s right to a Free Appropriate Public Education (FAPE).

Full Article

Parents have the right to participate in all meetings where a student’s special education services are discussed. Those rights are protected by federal and state laws.

Students have a right to attend meetings about their school services at any age. Schools must invite students once their Individualized Education Program (IEP) includes a Transition Plan—a legal requirement by the school year when a student turns 16. The student is not required to attend but must be invited and accommodated to participate if they choose to.

A court decision in 2013 includes statements that family rights are more important than other legal requirements, such as renewal deadlines. More information about that case, Doug C. Versus Hawaii, is included later in this article.

Accessibility is a right

When inviting families to participate in meetings, the school is required to accommodate their needs related to scheduling, language access, parent or student disability, or something else. If a parent is ill, for example, the school is responsible to wait until the parent is well enough to meet. The school is responsible to provide a meeting format to meet the family’s needs, including through in person, virtual, or telephone attendance with any interpretation services needed for full participation.

IEP eligibility and services do not lapse or expire because the school delayed a meeting to accommodate the family. If a deadline is missed, a student’s services continue uninterrupted while meeting schedules are arranged to include family participation.

Here are examples of meetings where a parent/guardian must be invited and accommodated to participate:

  • Referral meeting to discuss whether to evaluate a student for eligibility
  • Evaluation review meeting
  • IEP meeting
  • Placement meeting
  • Transition conference to discuss moving into a new school or level of school (preschool into kindergarten, for example)
  • Meeting to discuss a Functional Behavioral Assessment (FBA) or Behavior Intervention Plan (BIP)
  • Meetings related to discipline, truancy, or complaints about Harassment, Intimidation, and Bullying (HIB)
  • Any other meeting where school-based services are discussed

What does the state say about parent rights to participate?

The Washington Administrative Code (WAC) describes the participation rights of parents (WAC 392-172A-05001).

The WAC explains that schools are not required to invite parents for “informal or unscheduled conversations involving school district personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. A meeting also does not include preparatory activities that school district personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.”

The WAC includes information about a parent’s right to visit school: “A parent of a student eligible for special education services may request permission to observe their student’s current educational placement, and to observe any educational placement proposed or under consideration either by a parent or a group that makes decisions on the educational placement of the parent’s child, in accordance with applicable school district policy and state law.”

Here is a key statement from the WAC related to parent participation:

“The parents of a student eligible for special education services must be afforded an opportunity to participate in meetings with respect to the identification, evaluation, educational placement and the provision of FAPE to the student.”

What is FAPE?

The statement above includes the word FAPE. FAPE stands for Free Appropriate Public Education. FAPE is what a student with a disability is entitled to receive. The school district is responsible to deliver FAPE.

The district must ensure that students with disabilities receive accessible, equitable, and appropriate services: All are elements of FAPE. PAVE provides a video training with more information about these key features of student rights: Student Rights, IEP, Section 504, and More.

An IEP provides FAPE through specially designed instruction and goal setting, progress monitoring, supplementary aids and services, accommodations, a thoughtfully chosen placement, and more. The IEP team meets to discuss all of this and make sure FAPE is being provided. Parents are equal partners for discussing all aspects of a student’s education.

TIP: Ask for a draft copy of the IEP or any other documents that will be discussed with enough time to review them before a meeting. The draft IEP is unfinished until it’s been reviewed and finalized in a team meeting that includes family participation.

Families have always been a priority under the law

The collaborative process of an IEP team that includes the family has been part of special education since federal laws were written to protect a student’s right to receive an education designed just for them. Parent participation is one of six primary principles of the federal Individuals with Disabilities Education Act (IDEA).

Here’s more language that describes FAPE: The IEP must be “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

This phrase—progress appropriate in light of the child’s circumstances—comes from another court decision, referred to as Endrew F. That Supreme Court decision established that meaningful progress must be tracked and monitored, and that the IEP must be adjusted if meaningful progress isn’t being made.

The IEP meeting is where families participate in tracking and monitoring that progress. Parents contribute important information about the progress or unmet needs of their children. Their observations provide critical information for team decision-making, and the federal laws were written to acknowledge the value of those contributions. That’s why parent participation is required for FAPE

TIP: Here’s a way to talk about parent rights within the process of special education: Failure to accommodate parent access to meetings when a child’s eligibility or services are discussed is a denial of FAPE.

What if parents cannot attend a meeting by the required renewal deadline?

Legal protections for students and families require a timely process. Schools are responsible to host a meeting that includes the family to update a student’s IEP at least every year. The IEP lists an “annual renewal date” on its cover page.

The school is also responsible to re-evaluate the student at least every three years to determine ongoing eligibility and to ensure that information about the student’s strengths and needs is up-to-date and the student is appropriately served through the IEP.

Sometimes there is a conflict when an evaluation or IEP renewal date sneaks up on the team and meetings aren’t scheduled early enough to accommodate the family and meet the deadline. It’s also possible that a family emergency or illness could prevent their timely participation.

In those situations, federal law has made it clear that the family’s participation is more important than the re-evaluation or IEP renewal deadline. The school can document the reason that the deadline is delayed, and a student’s services can continue without interruption until the meeting happens with family participants.

A student’s IEP eligibility does not expire because an evaluation is delayed, and the IEP does not lapse. Families can share this article and information about the federal court ruling if there is confusion.

What did Doug C. Versus Hawaii say?

The Ninth Circuit Court of Appeals handed down a decision on June 13, 2013, that reversed rulings by lower courts. The final ruling meant that the school in Hawaii was held accountable for having an IEP meeting without a parent. 

The court explained that schools must include parents at meetings unless they “affirmatively refused to attend.” Other legal language uses the phrase “good faith effort” to describe how schools must attempt to include families.

In the case of Doug C., the court found the school did not try hard enough to include the parent. In a hearing, the parent was able to share documentation showing he had provided the school with explanations each time he was unable to attend a meeting at the school’s suggested time and location. One documented explanation was that he was ill. In that case, the school held the meeting without him because they believed the IEP was about to “expire.”

The court said this rationale was based on a flawed premise. Earlier court rulings already had found that services do not end because an IEP renewal deadline is missed.  

In its decision, the court stated, “Parental participation is key to the operation of the IDEA for two reasons: Parents not only represent the best interests of their child in the IEP development process; they also provide information about the child critical to developing a comprehensive IEP and which only they are in a position to know.”

A place to get more information about court rulings related to special education is Wrightslaw.com. A Wrightslaw analysis of Doug C. Versus Hawaii includes a question-and-answer summary of the case. Here are highlights from that information:

Question: If a meeting is held after an annual renewal deadline, do IEP services lapse?

Answer: No. A child’s IEP does not lapse. Continuing to provide services based on the most recent IEP does not deny FAPE or “deprive a student of any educational benefit,” the court determined. The court further explained that there is no basis for assuming a school cannot provide services for a student whose annual IEP review is overdue.

Question: If there are scheduling conflicts, is priority given to school staff or the parent?

Answer: Priority is given to the parent. The court stated, “The attendance of [the]. . . parent, must take priority over other members’ attendance . . . an agency cannot exclude a parent from an IEP meeting in order to prioritize its representatives’ schedules.”

Question:  If the school has a meeting without the parent, can they make it okay by having another meeting within 30 days?

Answer:  No. The court found that parental involvement after-the-fact is not enough because “the IDEA contemplates parental involvement in the creation process.”

Question:  If a school district violates a procedural safeguard, such as parental involvement in meetings, does there need to be another finding of fault to show denial of FAPE? For example, would a court need to show that a child wasn’t receiving meaningful educational benefit from the services?

Answer:  No. The court does not need to determine a second violation. The denial of a parent’s right to participate in meetings is a violation of FAPE.

A parent’s right to participate in IEP process is part of the Procedural Safeguards that are written into the Individuals with Disabilities Education Act (IDEA). Schools are responsible for sharing a copy of the Procedural Safeguards at every formal meeting or whenever a parent requests them.

A copy of the Procedural Safeguards is downloadable from the website of the Office of Superintendent of Public Instruction (OSPI). An OSPI page titled Parent and Student Rights lists multiple translated versions of the Procedural Safeguards available for download.

Tips for Communicating as a Member of the IEP Team

A Brief Overview

  • When families and schools meet to discuss a student’s special education program, they can find Common Ground by remembering that everyone wants the student to receive a Free Appropriate Public Education (FAPE).
  • Two short videos, A Tale of Two Conversations, provide a quick look at how a meeting might feel like one long argument or a helpful collaboration. The difference starts with preparation and approach.
  • Read on for tips about getting ready for a collaborative meeting.
  • The Office of Superintendent of Public Instruction (OSPI) also provides information about parent and student rights.
  • PAVE has prepared a Communications log sample for you to use.

Full Article

Whether on Zoom or around a conference table, sitting down with a team of professionals can feel intimidating to families. When a child’s Individualized Education Program (IEP) is on the agenda, emotions can overtake a meeting. Getting defensive or angry does not usually help, however. This article provides tools for staying organized, open minded, and on topic to improve the work of meetings—and student outcomes.

A basic special education vocabulary boosts empowerment, and empowered families generally feel more confident at their meetings. Here is a key word to know:

Free Appropriate Public Education (FAPE)

A student with an IEP has the right to FAPE. That right is protected by federal law—the Individuals with Disabilities Education Act (IDEA). To meet the standard of FAPE, special education services are accessible to the student. Accessible means the services work as designed to enable progress appropriate, in light of the child’s circumstances.

A student receiving FAPE with appropriate, accessible services demonstrates steady progression toward mastery of skills. Those skills are being taught with specially designed instruction (SDI). As skills are learned, progress is measured through goal tracking. Meaningful progress indicates that the student is accessing FAPE.

Mastery can enable a sense of belonging. When the student feels capable, connected, and responsible within the school community, things generally run more smoothly for everyone.

In other words, FAPE is the result when everyone works together for the benefit of the student and meaningful learning happens. When a student is successful, the IEP team has done its job well and everyone can celebrate!

Here is a more formal way to talk about FAPE: Under the IDEA, FAPE requires an IEP reasonably calculated to provide progress appropriate, in light of the child’s circumstances.

FAPE provides a place to begin

When families and schools meet to talk about a child’s services, everyone can begin with FAPE as the overarching goal. FAPE provides Common Ground for the discussion. Everyone on the team wants FAPE:

  • The school district is required by law to provide FAPE to IEP-eligible students.
  • Teachers are happy when their students are successful.
  • The family wants a child to learn in a meaningful way.
  • The student wants to feel confident and proud.

Common Ground is not always where meetings begin

Problems arise in meetings when school staff and/or family members start the conversation far from Common Ground. The Center for Appropriate Dispute Resolution in Special Education (CADRE) has designed a curriculum to support families and schools in their discussions. Two short videos, A Tale of Two Conversations, provide a quick look at how a meeting might feel like one long argument or a helpful collaboration. The difference starts with preparation and approach.

To avoid a meeting that feels like a fight, the parent may want to start the meeting with some general comments to help school staff better understand the student and to gently remind the team that years of parenting have led to some expertise about a specific child.

For example, an IEP or a behavior plan might say that a student is “defiant” or “refusing” to do work. Those types of statements can make a parent feel defensive. Showing up angry probably will not lead to a productive meeting. Instead, a parent may come to the meeting prepared to explain that the student lacks confidence and would rather appear defiant than “stupid.” Maybe the parent has been able to talk to the student about their frustrations and can bring statements or requests directly from the student.

Another way to find common ground is to prepare open-ended questions and bring those to the table first, before offering suggestions or requests. For example, if a parent shows up and demands a 1:1 right at the start of the meeting, the conversation might quickly devolve into an argument about resource problems. If a parent comes ready to talk about what is not working for the student and concerns for their child’s learning and well-being, there is an opportunity to build empathy and problem-solving.

Climb mountains as a team

Firm predetermined “solutions” from any side can position school staff and family members far from collaboration, like the peeks of two mountains unable to ever meet in the middle.

Consider collaborative problem-solving as a project that starts at the intersecting bases of two mountains, on Common Ground. Shared expectations and assumptions are a good place to begin for an open-minded discussion. Here are a few conversation starters to consider:

  • According to these progress reports, the student is getting good at … How might we use that emerging skill to scaffold skill-building in this other area?
  • My student is not making as much progress as I expected in this area… Can we talk about strategies for improving progress?
  • This assignment, grade, or record shows that the student struggles to … Is there another approach to services or placement that we have not considered yet as a team?
  • I notice that this IEP goal is written to help the student “stop” doing an unwanted behavior. Can you help me understand the skill that is being taught, and can we rewrite the goal to focus on measuring progress toward the expected skill or behavior?
  • From what I see here (data/evidence/observations), this service is not working or is not accessible to the student. My theory about this is… Does anyone here have a different theory about what might be going on?

Here are some big-picture concepts for productive collaboration:

  • Trust is at the heart of positive working relationships.
  • Family members and educators can develop trust by showing personal regard, respect, transparency, and integrity. These may be particularly important for trust to grow among people of different cultures.
  • Blaming, bringing up the past repeatedly, minimizing another’s opinion, or rushing a conversation can create barriers to collaboration.
  • A neutral third party may be needed to resolve issues and rebuild relationships.

Prepare for the meeting

Request any documents that are going to be discussed at the meeting ahead of time. Review the documents in preparation for the meeting and mark down any notes for discussion. Whether meeting to discuss an IEP, a Section 504 Plan, behavior, ancillary services, or something else, families are better served when they prepare. To help families organize their concerns and requests, PAVE offers a format for designing a Handout for the Team Meeting. An alternative version supports self-advocates: Students: Get Ready to Participate in Your IEP Meeting with a Handout for the Team.

Leave with an action plan

At the end of the meeting, review what has been decided and be sure to make notes about any action steps, deadlines, or assignments. Be sure to note:

  1. What is the action?
  2. When will it happen?
  3. Who is responsible?

Schedule a follow-up conversation or a plan to communicate about anything that is not firmly decided. After a formal meeting, the school sends parents a Prior Written Notice (PWN) to describe any changes being made to a student’s services and when those changes will take effect. Parents with their own notes about the action plan will better understand how to read the PWN and whether there are unresolved topics.

Procedural Safeguards provide additional options

If a meeting leaves too many issues unresolved, parents can review their procedural safeguards to make a choice about what to do next. A copy is offered by the school at all formal meetings, and parents can also request a copy any time. The Office of Superintendent of Public Instruction (OSPI) also provides information about parent and student rights.

Parents have the right to disagree with the school and to pursue resolution by:

The collaboration strategy being explained. Meet on common ground. A depiction of two mountains are shown, one represents family and the other mountain represents the school. Both family and school push against each other to form a smaller overlap triangle called FAPE - that represents the common ground.

Quick Look: How to Prepare for a Virtual Meeting

Schools and families continue to meet virtually to discuss special education services during the closures related to the coronavirus pandemic. Here are tips to help family members prepare for remote meetings to discuss a student’s Individualized Education Program (IEP), a Section 504 Plan, evaluation for special education services or something else related to a special education student’s needs and learning program.

For more comprehensive information, see PAVE’s article, IEP on Pause? How to Support Continuous Learning with School Buildings Closed.”

  • Determine a regular communication plan with the school. That might include email, telephone, text, web-based meetings, U.S. mail, packet delivery by school bus…  whatever works for regularly checking in.   
  • Family caregivers can request meetings. PAVE provides a template to formalize the request: Sample Letter to Request an IEP Meeting. Included with the letter template is detail about who is required to attend IEP meetings, and those requirements have not changed.
  • The Special Education Continuous Learning Plan is provided by the Office of Superintendent of Public Instruction (OSPI) to support but not replace the IEP during the national crisis caused by the coronavirus pandemic. Included in the form is a sample meeting agenda.
  • Consider confidentiality and privacy issues. Ask school staff to describe how privacy and confidentiality are protected through a suggested meeting platform, and make sure to have any passwords or PINs ready to use when you log in or call into a meeting.
  • Before a meeting, ask to sign any necessary paperwork or releases to have special education records sent electronically via email. Special education records can include meeting notifications, IEP or Section 504 documents, assessments, progress reports, Prior Written Notices that describe meetings and planned actions, or other materials that contribute to the program review and goals.  
  • Review records before the meeting and write down questions to ask during the meeting. PAVE provides a Parent Handout Form or, for self-advocates, a Student Handout Form, that can help organize concerns and questions. Another version of a Parent Input Form is provided by the Washington Office of Superintendent of Public Instruction (OSPI).
  • Carefully review goals, services, accommodations, modifications and consider how they might apply or need to be adjusted for current circumstances. Think creatively and prepare to collaborate and request expertise from school staff. Pay special attention to the present levels of academic achievement and functional performance. These present levels statements, within the first pages of the IEP document, describe how the student is doing and where there are challenges. Wrightslaw.com provides tools specifically to support parents in reviewing IEP present levels in preparation for a meeting during COVID-19.
  • Consider whether the student will attend the meeting. A student who is 14 or older is invited as part of the state’s Pathways to Graduation planning. PAVE provides an article: Attention Students: Lead your own IEP meetings and take charge of your future.
  • Communicate early—before the scheduled meeting—to request updates about progress, a student’s present levels of performance, or other concerns. If family caregivers build a handout for the meeting, that can be submitted ahead of time to ensure that this information is part of the agenda.
  • Family members can request a practice session to test the technology. Part of that training might include practice sharing the screen to make sure everyone will be able to view important documents during the formal meeting.
  • As with in-person meetings, family participants can invite support people. A friend or family member might be able to attend and take notes.
  • Refer to parent and/or student input forms to stay on topic and ensure that all concerns and questions are addressed.
  • When the meeting ends, family participants can ask for a copy of the program recommendations page.
  • After the IEP meeting, the school provides a Prior Written Notice (PWN) to the family participants to review meeting notes and any decisions, agreements, or disagreements. Ask when and how the PWN will be provided. Family participants have the right to request amendments or corrections to the PWN.
  • Be sure to leave with a clear action plan. Here are key questions to ask and record:
    • What will happen?
    • Who is responsible?
    • When will the actions happen? Are there timelines?
    • How will we communicate for follow through?
  • As with any meeting, any unresolved issues can be addressed in a follow-up meeting.

To learn more, PAVE provides a six-minute overview of IEP basics and a 30-minute training video about special education.   

Parents as Team Partners: Options When You Don’t Agree with the School

A Brief Overview

  • Not every meeting with the school ends in agreement. This article provides information about what parents can do when they disagree with decisions made by the school.
  • When parents disagree with a school’s recommendation, they may need more information and time to organize ideas and priorities to prepare for a meeting. Read on for ideas about how to find common ground and resolve conflicts.
  • Read PAVE’s companion article, Get Ready for Your Meeting with a Handout for the Team.
  • Support for Washington State parents is available from PAVE and the Three O’s: OSPI, OEO, OCR. Read on to know what the O’s can do for you and for links to information from these important agencies.
  • Read on to learn more about these dispute resolution options: Facilitated IEP, Mediation, Resolution Meeting, Due Process and Citizen Complaint.

Full Article

Parents partner with schools when they work together on a team to design and support an Individualized Education Program (IEP). The federal law that governs special education describes parent participation as a primary principle. However, not every meeting feels collaborative to every family. This article provides information about what parents can do when they disagree with decisions made by the school.

NOTE: PAVE has an article about the Individuals with Disabilities Education Act (IDEA) that describes key features in more detail.

Federal law has protected children in special education since 1975. Since the beginning families have been included as important school partners, with formal and informal options for disputing school decisions. When teamwork gets challenging, parents have options that are described in the “Procedural Safeguards,” an IDEA requirement.

Do your homework to be truly prepared for a meeting

What are the options when a parent disagrees with a teacher, evaluator, specialist, school district representative, or principal? Parents can start by understanding that their right to participate is protected by federal law, as described above.

Still, deciding when to challenge a school’s recommendation can feel overwhelming. Clearly, parents want the very best for their children. It can help to remember that schools want the best for children also. Seeking common ground at an IEP team meeting is the place to begin. Asking questions instead of aiming accusations can radically impact the direction of a conversation. Here are a few open-ended question starters:

  • Help me understand…
  • I’m wondering if you could explain to me…
  • Here’s the problem from my point of view. What would you suggest…
  • Is there another way to look at this problem?

The IEP team meets at least once a year to review progress and set goals for the next year, but parents or school staff have the right to request an IEP meeting any time they have concerns that the program isn’t working.

Being fully prepared for a meeting can help parents move the team toward outcomes they seek. See PAVE’s companion article about how to prepare a handout for a meeting.

Define the problem and set a goal

To problem-solve as a team member, it helps to first define the problem and consider what outcomes are most important. Parents can get overwhelmed by emotion. Contemplating that energy and time are limited can help parents set priorities and spend their resources on what matters most—usually a child’s health and success!

Preparing for a meeting with the school might require some research:

  • Is there a federal or state requirement that you need to understand? PAVE’s website might have an answer, so look around in our Learning and School section.
  • Is there a policy you need to read? Ask for copies of any relevant school or district policies or reports.
  • Do you have the most recent copies of your child’s educational evaluation and/or the IEP document? Get copies and understand what’s in those documents. For example, if the child has an unmet need, it’s possible that a new evaluation is needed in order to set a new goal and establish skill-building with specialized instruction.
  • Do you need better understanding of your child’s needs? Talk to providers and other experts and have them provide letters for the school. You can help the school team better understand your child’s needs in light of the circumstances of a unique disability.
  • Learn to be an advocate AND help your child learn to self-advocate! Asking your child for input can help direct you and school staff toward what matters most.

Find resources and allies

PAVE’s team of Parent Resource Coordinators (PRCs) are available to help you prepare for a meeting with the school. Click Get Help on our website.

In addition to PAVE, support for parents is available from the Three O’s:

  • OSPI–The Office of Superintendent of Public Instruction provides guidance about state policies
  • OEO–The Office of the Educational Ombuds provides online resources and support to help resolve concerns
  • OCR–The Office for Civil Rights can help with questions about equity and access

Preparing for a meeting with the school can include asking someone to attend with you. Having a trusted friend, provider, family member or another ally can help you track the conversation and keep your emotions in check. Ask that person to take notes for you.

At an IEP meeting the team can agree to adjust supports and goals, request additional evaluations, and work together with the student to improve outcomes and access. Going into that meeting with a clear plan and agenda can help parents direct the conversation.

Seek common ground

Even with good teamwork and great intentions, there will be times of disagreement. In moments where collaboration feels impossible, it can help to return the conversation to common ground. For example, a parent can remind the team that the student is skilled at something and look for ways to build on that skill to improve another area of need.

Parents can ask questions that are respectful and genuine. For example, “Given the expertise at the table, can someone help me understand a best-practice strategy to address this problem?”

Another idea is to return to the key issue—the child’s success or struggle. If a conversation gets off track and argumentative, a parent can redirect the conversation by asking, “Can we circle back to the most important issue, which is figuring out how best to help NAME successfully [do something specific]?”

Read your Procedural Safeguards manual and learn about your options

At official meetings with the school, parents are offered a copy of their Procedural Safeguards.  This manual describes the rights of special education students and the process of delivery. The Office of Superintendent of Public Instruction provides a downloadable copy.

A national resource for information about parent rights is the Center for Appropriate Dispute Resolution in Special Education (CADRE). CADRE provides a resource that describes resolution options in a side-by-side comparison chart.

Here is a brief description of the different types of resolution meetings. Each title is a link to a resource with more information:  

IEP Facilitation

An impartial person assists the IEP team with communication and problem-solving by leading the work-group, which is focused on improving the Individualized Education Program and writing changes into the IEP document. The facilitator asks the team to clarify where they agree and where they disagree. IEP facilitation is provided at no cost to the parent, and the IEP team still makes all official decisions. The facilitator doesn’t have any influence and cannot make recommendations. The third-party facilitator is there to help the group clarify issues to see if they can agree on a program. The goal is to build common agreements and understanding.

Mediation

This voluntary process brings parents and school staff together with a third-party trained in mediation, which is an intervention to help individuals find common ground and problem-solve. A mediator may have knowledge of special-education laws and services. The meeting is confidential: What happens in the room stays in the room and cannot be used later as evidence in a legal proceeding. However, the group may choose to sign a legally enforceable agreement that could be admissible in court. Sometimes families and districts agree to try mediation after a Due Process complaint is filed to attempt to resolve a conflict informally. Mediation is available at no cost to the parent, individual, or school unless a party chooses to pay for legal counsel.  Mediation is not guaranteed to resolve disagreements.

Resolution Meeting

A Resolution Meeting can be held during another dispute process and may solve the problem informally so that the other process is suspended. A resolution meeting is required within 15 days after a parent files a Due Process Complaint, which is a way to request a formal, legal hearing. If the school district does not hold the Resolution Meeting on time, a parent may ask the hearing officer or administrative law judge to start the hearing timeline. If held, the Resolution Meeting provides a chance for parents and schools to agree before decision-making authority transfers to an administrative law judge. Attorneys may attend, but schools cannot bring an attorney unless the family also brings a lawyer. If the family and school reach agreement, they can sign a legally enforceable document. The parties have up to 30 calendar days to work on a resolution before a hearing.

Due Process Complaint (Request for Hearing)

A Due Process Complaint initiates a legal process and is a way for a parent, student or public agency, such as a school district, to request a formal hearing before an administrative law judge. Due Process is the most adversarial of all the dispute engagement options and can impact a family’s ongoing relationship with the school.

This formal, legal process can address disagreements in many areas of special education. Here are some examples: identification, evaluation, educational placement or service provision. Schools are required to initiate Due Process if a parent formally requests an Independent Educational Evaluation (IEE) because of a dispute related to the school’s own evaluation or a refusal to evaluate, and the school refuses to pay for the IEE.

In most cases, a Due Process dispute in special education determines whether the school district is providing a Free Appropriate Public Education (FAPE) to a child who needs or is suspected of needing special education and related services.

The two sides are referred to as “the parties.” To request a Due Process hearing, one party submits very specific information, in writing, to OSPI and to the opposing party.

The due process hearing request includes:

  • The full name of the student
  • The address of the student’s residence
  • The name of the student’s school
  • If the student is a homeless child or youth, the student’s contact information
  • A description of the nature of the problem, including facts relating to the problem
  • A proposed resolution of the problem, to the extent known and available

Required forms and process are outlined in the Procedural Safeguards, and the school offers a copy to families at the beginning of this process. Until a Due Process decision is final, the child remains in the current educational placement. This provision is called “pendency” or “stay put.”

A written decision with findings of fact and orders is made by an administrative law judge and can be appealed to a higher court. The Individuals with Disabilities Education act (IDEA), requires that Due Process complaints be filed within two years of the date when a party knew or should have known of the problem. The written decision is issued within 45 calendar days from the end of the resolution period, unless a party requests a specific extension. The decision is legally binding. However, if a decision is appealed the resolution may be put on hold until the appeal is final.

Public funds pay for the hearing, the hearing officer/administrative law judge, and use of any facilities. Each party pays any fees due to attorneys or witnesses.

Expedited Hearing Request & Resolution Meeting

An Expedited Hearing follows the rules of Due Process but is used when parents disagree with:

  1. a school district’s discipline-related decision that affects a child’s placement
  2. a decision from a Manifestation Determination review, which is a meeting to decide whether a child’s behavior is related to his or her disability

Faster timelines require a Resolution Meeting within seven calendar days, unless the parties agree in writing to skip the meeting or use Mediation instead. The hearing schedule proceeds if the issue is not resolved within 15 calendar days. The hearing must be held within 20 school days of the date the request was filed. The decision is due 10 school days after the hearing.

Citizen Complaint

Any individual or organization can file a complaint with the Office of Superintendent of Public Instruction (OSPI) to allege that a Washington school district or another public agency violated federal or state law related to special education. Regulations governing the development and content of an IEP are contained in the Individuals with Disabilities Education Act (IDEA, Public Law 108-446), and in the Washington Administrative Code (WAC 392-172A).

Citizen complaints are investigated by OSPI. Citizen complaints must be filed within one year of the alleged violation. OSPI issues a written decision within 60 calendar days of receipt with findings, conclusions, and reasons for the final decision. The response includes actions required to address the needs of the child or children related to the complaint.

The response may include timelines that specify calendar days or school days. Please note that “school days” will exclude weekends, holidays or any other days when school is not in session. Timelines for “calendar days” include all days, including weekends.

Good luck in your journey toward resolution!

Each of these options is available any time a parent or student disagrees with an action taken by the school. Getting well-informed and organized is key in any process. Start by clarifying how to direct energy and what the desired outcome will look like.

To get help and ask questions, parents can contact PAVE or one of the “Three O’s” listed above: OSPI, OEO, OCR.

 

Get Ready for School with IEP Essentials

A Brief Overview

Each student has abilities and skills. A thoughtful Individualized Education Program (IEP) can highlight abilities and provides the supports needed for the student to learn. This article will help parents understand how to participate in the IEP process.

Every part of the IEP is measured against this question: How does this help the student with disabilities receive the support needed to access a Free Appropriate Public Education (FAPE)? Read on to learn more about FAPE and other important parts of special education.

Learn the 5 steps a parent can take as a member of the IEP team. This article will help you gear up for the school year.

The Parent Training and Information (PTI) team at PAVE are here to help: If you need 1:1 help navigating the IEP process, click Get Help! on our website, wapave.org.

Full Article

A new school year is a great time to take a fresh look at your student’s Individualized Education Program (IEP). If your student doesn’t have an IEP and you wonder if a disability might be impacting your student’s learning, this is a good time to learn about the special education process. This article will help you learn the basics. You can also read PAVE’s article about Evaluation, the first step in the IEP process.

As you and your student get ready for school, the most important thing is the “I” in IEP. The “I” is for “Individualized,” so no two IEPs are the same! Your student has abilities and skills. A thoughtful IEP highlights abilities and helps your student access the supports needed to learn. With an IEP, a student with disabilities can make meaningful progress in school.  It also prepares your student for life after high school. An IEP is a team effort, and parents and students who learn about the process and fully participate get on a path for success.

FAPE is an acronym you want to know

When Congress passed the Individuals with Disabilities Education Act (IDEA) in 1990, special education got its most important acronym: FAPE. FAPE stands for Free Appropriate Public Education. The right to FAPE makes the IDEA law unique: It is the only law in the United States that provides an individual person with the right to a program or service that is designed just for that person. This is called an entitlement.

Entitlement means that a student with disabilities is served on an individual basis, not based on a system or program that’s already built and available.

When schools and parents talk about a special education program, they talk about the services and instruction that a student needs to learn in school. Every part of the IEP is measured against this question: How does this help the student receive the support needed to access a Free Appropriate Public Education (FAPE)?

Education is a civil right. Students have the right to access a free, public education through the age of 21. Students with disabilities identified through an evaluation process qualify for FAPE. Let’s take a closer look at the second word in FAPE: Appropriate. When an education is “appropriate,” it is designed to fit a specific student. Like a custom-made garment, it fits the learning style, capacity and specific needs of the student without any gaps.

The IDEA is based on an earlier law: The Education for All Handicapped Children Act of 1975. This federal law was the first one that required schools to create specific educational plans for students with disabilities. In 1972 a Washington, D.C., court said that education should be free and “suitable” for all children of school age, regardless of disability or impairment.

Parents can keep this in mind when they read through the IEP or when they prepare for IEP meetings. They can ask, Is the program or service suitable and appropriate, given my student’s abilities and circumstances?  

To qualify for an IEP a student is evaluated to see if there is a disability that is causing an adverse educational impact. The educational evaluation may show that the student has a disability that matches at least one of the 14 categories that are listed in the IDEA. Those categories are:

Autism

Deaf-blindness

Deafness

Emotional Disturbance

Hearing Impairment

Intellectual Disability

Multiple Disabilities

Orthopedic Impairment

Other Health Impairment

Specific Learning Disability

Speech/Language Impairment

Traumatic Brain Injury

Visual Impairment/Blindness

Developmental Delay (ages 0-8)

 

If the student, with parent input, is determined to “meet criteria” under the IDEA, then that student is eligible for special education services. Special education is a service, not a place.

Current federal law includes six important principles

The IDEA, which has been amended a few times since 1990, includes some important elements for  parents. Here’s a brief overview:

  1. Free Appropriate Public Education (FAPE): Students with disabilities who need a special kind of teaching or other help have the right to an education that is designed just for them.
  2. Appropriate Evaluation: The IDEA requires schools to take a closer look at students with suspected disabilities. That part of the law is called the Child Find mandate. There are rules about how quickly those evaluations get done. The results provide information that the school and parents use to make decisions about how the student’s education can be improved.
  3. Individualized Education Program (IEP): The IEP is an active program, not a stack of papers. The document that describes a student’s special education program is carefully written and is reviewed at least once a year by a team. This team includes school staff and parents/guardians and the student, when appropriate. Learning in school isn’t just academic subjects. Schools also help students learn social and emotional skills and general life skills. Every student has access to a High School and Beyond Plan by age 12 or 13. By age 16, an IEP includes a transition plan for life beyond high school. This helps the student make a successful transition into adulthood and is the primary goal of the IEP.
  4. Least Restrictive Environment (LRE): The IDEA says that students should be in class with non-disabled classmates “to the maximum extent appropriate.” That means that regular classrooms and school spaces are first choice as the “least restrictive” places. If the school has provided extra help in the classroom but the special education student still struggles to be successful, then the IEP team considers other options, such as a structured learning classroom. The school explains placement and LRE in writing on the IEP document.
  5. Parent and Student Participation: The IDEA makes it clear that parents or legal guardians are equal partners with school staff in making decisions about their student’s education. When the student turns 18, educational decision making is given to the student. The school does its best to bring parents and students into the meetings, and there are specific rules about how the school provides written records and meeting notices.
  6. Procedural Safeguards: The school provides parents with a written copy of their rights at referral and yearly thereafter. Parents may receive procedural safeguards any time they request them. They may also receive procedural safeguards the first time they file a citizen’s request in a school year or when they file for due process. Procedural safeguards are offered when a decision is made to remove a student for more than 10 days in a school year as part of a disciplinary action. When parents and schools disagree, these rights describe the actions that a parent can take informally or formally.

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

Understanding the laws and principles of special education can help parents get ready to dive into the details of how to participate on IEP teams. Getting organized with school work, contacts, calendar details and concerns and questions will help. Here’s the basic 5-step process:

  1. Schedule

    Evaluation is the testing that a school completes to determine if a student meets the requirements for an IEP. A teacher, administrator or parent can refer a student for an educational evaluation. If the student has never had an IEP and the parent is making the request, here are a few tips:  Make the request in writing, and know your rights if the school’s answer is no. PAVE provides a sample letter that anyone can use. You can request information and help at wapave.org

    Once testing is complete, the school schedules a meeting to discuss the results and whether a team will move forward in developing an IEP. ​Parents get a written invitation to the meeting. If the date and time don’t work, keep in mind that parents are required members of the IEP team. The school and family agree on a time, and schools document efforts to include parents at all IEP team meetings. You can ask ahead for the agenda to make sure there’s going to be enough time for the topics being discussed.

    The school’s invitation lists who’s going to be there. The team could be very large or very small depending on the needs of the student and the professionals involved. ​Team members include: ​

  • A parent or legal guardian​
  • A District Representative. A school administrator can fill this role, so this person might be a staff member from the district special services office, a principal, a dean or a building administrator. This person needs to know district policies and should have some power to make decisions and implement team recommendations.  ​
  • Experts to explain the testing results. This could be a school psychologist or a specialist such as a physical therapist, occupational therapist, Applied Behavior Analyst (ABA), a nurse, etc.
  • Any individuals with knowledge or expertise invited by the school, the student or family. Therapists, counselors, extended family and friends sometimes attend. ​
  • The student. Self-advocacy is important at all ages, but youth making after-high-school plans are especially encouraged to attend, participate or even lead their own meetings. Many parents bring out photographs of their student to place on the table during the discussion. Don’t be afraid to get creative to make sure that the “I” isn’t left out of IEP! ​

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

  1. Prepare

    Confirm the time and location for the meeting and read the attendance list. If a key member of the team is going to miss the meeting, you will have to sign consent to excuse that person. Ask to reschedule if you aren’t okay with that person being gone.

    You can ask for a copy of the evaluation results or a draft copy of the IEP before the meeting to help you get ready. You can collect letters or important documents from medical professionals or other providers to help you explain something that’s concerning you. You may write a short list of questions, so you don’t forget to ask something important during the meeting. Another option is to make a list of your student’s strengths and talents, to make sure that the school’s program builds on what already works. You can write a letter of concern and ask for it to be attached to the IEP document. Consider inviting someone to come with you, to take notes and help you stay focused. 

  2. Learn

    Knowing the technical parts of an IEP will help you understand what’s happening at the meeting. Remember that the IEP is a living program, not a document. The document that gets drafted, revised and agreed upon does the best job that it can to describe the positions and intentions of the IEP team. The document is a reference guide for the real-time programming that a student receives at school each day. The IEP is a work-in-progress, and the document can be changed as many times as needed to get it right and help everyone stay on track.

    This list includes the technical elements of an IEP:

  • Present Levels of Performance, statements that describe how a student is doing in academics, and can include Social Emotional Learning (SEL) and everyday life skills
  • Educational Impact Statement, describing the disability and its impact on learning
  • Annual Goals, including academic, social, emotional and functional goals. Goals should be SMART (Specific, Measurable, Achievable, Relevant and Timely). The IEP provides a specific way to check on progress.
  • Assessments: state testing scores, upcoming testing schedules and accommodations for access to the tests
  • Program, Placement, Related Services and Supplementary Aids. Special ways of teaching a student are always included in an IEP. How that instruction and the rest of services get delivered is different in every situation and requires collaboration and creativity.
  • Scheduling Details: time, duration and location for all special education programs
  • Least Restrictive Environment (LRE): Schools explain how much time a student spends in special settings instead of regular settings with general education students. A chart or “service matrix” on the IEP document shows how much time a student spends in each location. This section also describes how the placement meets the LRE requirement “to the maximum extent appropriate.”
  • Extracurriculars and other nonacademic activities and how they are accommodated
  • Extended School Year (ESY), if the IEP team believes it is necessary.
  • Behavior Intervention Plan (BIP), as needed, based on a Functional Behavior Assessment (FBA) and recommendations from professionals who work with the student
  • Transition Plan (required on an IEP at age 16). This can be key to a young person’s future, and families and students need to participate fully. Sometimes counselors from the Department of Vocational Rehabilitation (DVR) or another agency interview the student or even come to the IEP meeting to help.
  • Age of Majority statement and plan for the transfer of rights to the student unless parents have guardianship when a student is 18
  1. Attend

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

Having a photo of a student who isn’t attending in the center of the table might help remind the team to keep conversations student-centered. Parents can help to make sure the focus stays on the needs, goals, strengths and interests of their student.

One key topic for discussion might be about the goals and how they are written. The acronym SMART can help the team make sure goals are Specific, Measurable, Achievable, Relevant and Timely. Ask how the school is going to keep track of progress. Decide as a team how often you would like progress reports.

You may discuss placement–where the school day will happen. Families and schools talk about how much time a student is spending in the Least Restrictive Environment (LRE):  Remember that LRE is one of the IDEA’s primary principles. Your opinion in this important conversation about inclusion matters! If your student is not participating with non-disabled peers in academic or extracurricular areas, ask for the reasons in writing.

At the meeting, behavior gets talked about if it’s getting in the way of a student’s ability to learn in school. You can request a Functional Behavior Assessment (FBA) so the IEP team can develop a Behavior Intervention Plan (BIP) to support the student. The U.S. Office of Special Education Programs has a document called a Dear Colleague Letter that describes the school’s obligations to provide behavior supports when they are needed. That document includes this statement:

“Parents may want to request an IEP team meeting following disciplinary removal or changes in the student’s behavior that impede the student’s learning or that of others, as these likely indicate that the IEP may not be properly addressing the student’s behavioral needs or is not being properly implemented.”

Specific goals for Social Emotional Learning and self-regulation strategies may be needed for appropriate and meaningful access to education. For more ideas, read PAVE’s article series about Social Emotional Learning

Here’s a list of other topics you may want to consider:

  • Modifications your student may need in class or for fire drills, lunch or recess support, walking to/from classes, etc.
  • Accommodations your student will need in class or for testing, such as earphones or a specific seat
  • Long-term goals: An IEP must include transition goals by age 16, and all Washington schools start Life After High School planning in middle school.
  • Extended time over breaks in the school year: Consider how your student might have a pattern of losing and regaining skills or information over extended breaks from school. You also might want to consider if your student is showing signs of emerging skills that potentially could be lost if an extended break from school happens.

Writing down how you plan to communicate with the school can help you participate in the IEP process. Your plan can be written into the IEP during your meeting. This is an individual education program and the team can agree on what is needed for everyone to work together for success. ​Here are a few ideas for ongoing communication with the school: ​

  • A journal that your student carries home in a backpack​
  • A regular email report from the Special Education teacher​
  • A scheduled phone call with the school​
  • A progress report with a specific sharing plan decided by the team​
  • Get creative to make a plan that works for the whole team! ​

During your meeting, ask questions if you don’t understand something. If it is said in the meeting, it can also be put into writing. For example: “The district doesn’t have the funding to offer that.” You can choose to respond, “Please put that in writing.” Any decisions that impact your student’s education or changes to your student’s IEP must be written down in a form called the “Prior Written Notice.” It is like a thank-you note sent after a party. The note states what happened, why it happened and who participated in the event.

​5. Follow up

Your meeting may resolve your concerns. If it doesn’t, consider adding notes to the signature page. You can ask for a follow-up meeting or write a letter to be attached to the IEP document. Make sure to follow through with whatever communication plan the team agreed to. The IEP team reviews the program at least once a year but can meet and change the program more often, if needed.

This article began with a brief history of special education law. Parents have played an important role in that history, and they continue to impact the way that special education is provided in the schools. A recent court case that started in Colorado went all the way to the Supreme Court. That case, referred to as Endrew F, raised some standards related to the IEP. PAVE published an article on Endrew F that includes resource links and tips for using language from that court ruling to help in the IEP process.

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

You can choose to print this article and highlight the sections you want to remember. Tuck the pages into your notebook or file folder, with the most recent copy of the IEP.

Talking about the upcoming year with your student can help to reduce worries.  Talk about new activities, classmates and things that will be the same or familiar. Find out if your school has an open house, and plan to attend. At your visit, talk about the school with your student.  What do they like or not like?  What’s new or different? What questions do they have?  Take pictures during your tour, and you can review them in the days right before school starts.

Try to meet with your student’s teachers and other school helpers, including therapists or even the bus driver, if possible. Helping your student to establish relationships early can ease worries and help the school team know what makes your student unique and awesome. Share a simple “quick reference” version of the IEP or Behavior Plan, if available.  You can also write your own simple list of suggestions for success.

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

Resources for more information:

Office of the Superintendent for Public Instruction (OSPI) Special Education Resource Library

Open Doors for Multicultural Families: Resources

Center for Parent Information and Resources (CPIR/Parent Center Hub)

Wrightslaw: Tips for Using the IDEA to improve your student’s IEP

Regulations governing the development and content of an IEP are contained in the Individuals with Disabilities Education Act (IDEA, Public Law 108-446), and in the Washington Administrative Code (WAC 392-172A).