Tag: disability

Creating Joyful and Inclusive Holidays: Comfortable Social Spaces for Neurodivergent Individuals During the Holidays 

Posted on by Nicol Walsh

A Brief Overview 

  • Social interactions can be particularly challenging during the holiday season due to frequent and overwhelming gatherings. 
  • Neurodivergent individuals who enjoy socializing may prefer calm, predictable settings. 
  • Structured social activities provide a comfortable way for neurodivergent individuals to engage with others, as they offer clear rules and a shared experience. 
  • Family gatherings can be stressful due to interactions with relatives they don’t see often, leading to feelings of overwhelm. 
  • It’s crucial to respect the boundaries of neurodivergent individuals, allowing them to make their own choices about social interactions and providing opportunities for breaks to avoid overstimulation. 
  • Understanding and respecting their social preferences and boundaries, especially during the holiday season, helps ensure neurodivergent individuals feel safe, respected, and included. 

Full Article 

Navigating social interactions can be particularly challenging for neurodivergent individuals, especially during the holiday season when gatherings are frequent and often overwhelming. While some neurodivergent people enjoy socializing, they may prefer calm and predictable environments where they can engage in structured activities. Understanding their unique needs and preferences is crucial for creating a supportive and inclusive atmosphere that allows them to participate comfortably and meaningfully. 

Comfort in calm familiarity 

Neurodivergent people who enjoy socializing may prefer calm, predictable gatherings. They might like sitting with a friend to play video games, quietly working on a puzzle together, or playing board games. When faced with a loud, busy family gathering, neurodivergent individuals may withdraw or seek out one person they enjoy chatting with—someone who genuinely respects and understands their accommodation needs, and with whom they can happily spend time discussing a single subject. This person feels safe to them. However, it’s important to recognize that their safe person might need a break too, so having multiple people that they feel safe with can be beneficial. 

Incorporating structured activities 

For neurodivergent individuals, having structured social activities like board games or group video games can provide a comfortable way to engage with others. Social rules and nuances can often be confusing, making unstructured mingling feel overwhelming and unmanageable. Structured activities offer a more supportive environment for social interaction with the rules clearly identified and a shared experience to drive conversation. Baking together, wrapping presents, and completing holiday crafts are all shared experiences that have clear instructions and goals. These activities not only make socializing more manageable but also add a festive and inclusive touch to holiday gatherings. 

Overstimulation with unfamiliar relatives 

Even family gatherings can feel strange and stressful. Talking to relatives they don’t see often can be tough for your loved one as they work out how to talk and act around people that feel unfamiliar, even if they are family. This can be overwhelming since they have to understand and respond to different social cues and expectations that might not be easy or comfortable for them. 

To help ease this stress, consider preparing your loved one in advance by discussing who will be at the gathering and what to expect. Shared interests can be a great way to connect with others and make conversations more engaging. Tell or remind the neurodivergent individual of interests they have in common with relatives they don’t see as often to help start conversations. Socializing can be challenging, so it’s important to be patient and provide support without pressure. 

Supporting boundaries and choice 

Even with careful planning and maintaining traditions, the holiday season can still be overwhelming. Back-to-back events can be exhausting for anyone, but they can quickly become overstimulating for neurodivergent individuals. Seeing new people or people they only see once a year, having to navigate complex social hierarchies, and often trying to hide their neurodivergent traits to fit in can be very draining. While it is important to encourage your neurodivergent loved one to engage, it’s also critical to respect their boundaries and teach them how to have agency. Agency refers to their ability to make their own choices and decisions about social interactions, ensuring they feel empowered and in control. Allowing them to sit out some holiday parties for the sake of their own wellbeing can be a gift of emotional recharge, ensuring they don’t come out of the season completely exhausted. 

Conclusion 

Recognizing and respecting the social preferences and boundaries of neurodivergent individuals is essential, especially during the busy holiday season. Providing structured activities and allowing for breaks can help them manage the stress and overstimulation that often accompany large gatherings. By fostering an environment of understanding and support, we can ensure that neurodivergent individuals feel safe, respected, and included, ultimately enhancing their social experiences and overall well-being. 

Learn More about Creating Joyful and Inclusive Holidays 

This is part of a four-part series on the topic of creating joyful and inclusive holidays for neurodivergent family members, which began with Supporting a Neurodivergent Family Member During the Holidays. Meeting Neurodivergent Needs While Traveling provides tips and strategies to support neurodivergent individuals during travel to minimize stress. Learn Sensory-Friendly Tips for Neurodivergent Loved Ones to ensure they can enjoy the festivities and participate in making memories. Finally, Comfortable Social Spaces for Neurodivergent Individuals During the Holidays provides strategies for managing stress and overstimulation in social situations. 

Additional information: 

Creating Joyful and Inclusive Holidays: Sensory-Friendly Tips for Neurodivergent Loved Ones

Posted on by Nicol Walsh

A Brief Overview

  • This is part of a four-part series on the topic of creating joyful and inclusive holidays for neurodivergent family members, which began in Supporting a Neurodivergent Family Member During the Holidays and continues in Meeting Neurodivergent Needs While Traveling and Comfortable Social Spaces for Neurodivergent Individuals During the Holidays.
  • The holidays bring various sensory inputs that can be joyful for some but overwhelming for others.
  • It’s important to plan for managing these sensory experiences to help neurodivergent loved ones.
  • Identify or create a calm space where the neurodivergent person can decompress and avoid or reduce overwhelm.
  • Preferences for specific sensory supports should be discussed with the neurodivergent individual.
  • Recognize and normalize self-stimulatory behaviors, or “stims”, that do not cause physical harm to themselves or others as coping mechanisms for managing sensory input and stress.
  • Plan for touch-sensitive individuals by setting boundaries, providing scripts for addressing unwanted touch, and having an escape plan.
  • Foster an inclusive environment by understanding and respecting sensory needs, ensuring clear communication, and seeking feedback from neurodivergent loved ones.

Full Article

The holidays are full of sensory experiences. Flickering candles, holiday music, the aromas of food cooking, the fur on an unfamiliar dog, and the sounds of rambunctiously happy family members all provide sensory input. What is a source of joy for one person may be a cause for overwhelm to another. To help manage these varying sensory experiences, it’s important to plan ahead.

A calm space

Identifying or creating a space where to take a break and still have fun eases the intensity and allows your loved one to decompress. The “veg-out room” usually creates itself, when people go there to relax and watch TV marathons while their stomachs settle after a big meal. By dimming the lights and keeping things quiet in this space, you can quickly and easily build a calming environment for neurodivergent family members to retreat, relax, and rejoin social activities when it is right for them.

Sensory systems and preferences

To reduce the potential for being overwhelmed, your loved one may need to wear earbuds or headphones during social periods or other activities. Similarly, weighted clothing or objects (like blankets or stuffed toys) may provide a sense of comfort and security. Sensory supports are not one-size-fits-all, so talk with your loved one about their preferences. If you notice their preferences related to a specific sensory system, they may be interested in exploring other ways to meet their sensory needs at a later time. PAVE provides a downloadable introducing to The Sensory Systems and How to Meet Their Needs in the article, Giving the Gift of Sensory Regulation, Supporting a Happy Holiday Season for All. Resist the urge to introduce new sensory supports without input from your neurodivergent loved one and especially during the holidays, when there are already many unfamiliar experiences to navigate.

Normalizing self-stimulation

Many neurodivergent people do specific repetitive behaviors to manage sensory input, reduce anxiety, or express themselves. These self-stimulatory behaviors, or “stims”, are ways they’ve learned intuitively to comfort themselves, cope in times of stress, and even express joy. Being able to respectfully discuss and normalize stimming that does not cause harm to themselves or others helps to create a more inclusive environment. Thought-out responses can turn an angry retort into a teaching moment, such as, “Everyone has their own way of being and this is her way of pushing through her discomfort to spend this time with us. She is doing her best and we’re glad she’s here!”

Touch sensitivities

Unexpected touch can be very upsetting, especially those who are touch sensitive. Even those who would usually understand touch sensitivity may cross boundaries during the holidays. When consent to touch can’t be communicated or understood, preparation is critical. If your loved one is touch sensitive, there are some things you can do ahead of time to accommodate and support their needs:

  • Plan an escape route to a place where they can find sanctuary.
  • Remind family and friends of acceptable touch before you gather. For example, “I hope your saving your hugs for me and your fist-bumps for Theo!”
  • Provide scripts for addressing unwanted touch from children, pets, and adults. For instance, telling a child, “I really don’t want you climbing on my lap, but you can sit next to me on the couch and show me your Pokémon game.” Communicating to a pet owner, “I’m feeling a little overwhelmed by Cooper trying to put her head in my space. Can you keep her behind the dog gate?”, can help mitigate the overwhelming touch before it happens.
  • Assemble a team of supporters to gently redirect unwelcome touch and serve as a shield. These family members and friends can step in as needed to respectfully uphold boundaries, such as sitting between your loved one and a reaching child or holding a persistent animal to keep it from jumping on them.
  • Prepare an escape plan by arranging for an individual they feel safe with to pick them up, if their touch boundaries are not respected.

Conclusion

Creating a supportive and inclusive holiday environment involves understanding and respecting the sensory needs of neurodivergent loved ones. By providing sensory supports and clear communication about touch boundaries, we can help them navigate the holiday season with greater comfort and ease. Seeking feedback from your neurodivergent loved one and giving them a sense of agency in determining their sensory supports ensures their needs are met effectively. With careful planning and empathy, we can ensure that everyone, regardless of their sensory preferences, can enjoy the holidays and create cherished memories together.

Learn More about Creating Joyful and Inclusive Holidays

This is part of a four-part series on the topic of creating joyful and inclusive holidays for neurodivergent family members, which began with Supporting a Neurodivergent Family Member During the Holidays. Meeting Neurodivergent Needs While Traveling provides tips and strategies to support neurodivergent individuals during travel to minimize stress. Comfortable Social Spaces for Neurodivergent Individuals During the Holidays provides strategies for managing stress and overstimulation in social situations.

Additional information:

Supporting a Neurodivergent Family Member During the Holidays

Posted on by Nicol Walsh

A Brief Overview

Full Article

The holidays are a fun and festive time that can also be overwhelming, especially for those whose brains operate differently from what is typical or expected. This difference is called neurodivergence and it encompasses a variety of brain-based disabilities. People often see travel, new food, music, and new social situations as some of the joys of holidays, but those who are neurodivergent can find these experiences overwhelming. This doesn’t mean they dislike the holidays; it just requires some preparation to make the season inclusive and enjoyable for your neurodivergent loved one.

To achieve an inclusive experience, your loved one should feel comfortable explaining their accessibility needs and asking for support when necessary, confident that those around them will respond with understanding and accommodate their needs. Overall, special attention should be focused on providing a sense of agency, which means giving individuals control over their own choices and actions. This includes planning for neurodivergent needs ahead of time rather than improvising and hoping for the best.

Creating Inclusive Holidays for Neurodivergent Loved Ones


Download this infographic in PDF form

Travel

Traveling during the holidays can be particularly challenging for neurodivergent individuals due to changes in routine, unfamiliar environments, and sensory overload. To support your loved one, consider planning travel itineraries that include ample downtime, familiar items for comfort, and clear, detailed schedules to reduce anxiety. Additionally, choosing quieter travel times and less crowded destinations can help create a more manageable experience. Learn more about Meeting Neurodivergent Needs While Traveling in this article.

Sensory Considerations

Sensory sensitivities are common among neurodivergent individuals, making it essential to create a holiday environment that minimizes sensory overload. This can include using soft lighting, reducing loud noises, and providing sensory-friendly activities. Offering options like noise-canceling headphones, weighted blankets, or fidget toys can also help your loved one feel more at ease during holiday gatherings. Some neurodivergent individuals may find certain textures or physical contact uncomfortable or overwhelming. Preparing scripts, promoting awareness, and supporting touch boundaries can help your loved on engage to the best of their ability and personal comfort. For tips to support sensory needs, read Creating Joyful and Inclusive Holidays: Sensory-Friendly Tips for Neurodivergent Loved Ones and download hands-on tools in Giving the Gift of Sensory Regulation, Supporting a Happy Holiday Season for All.

Social Overwhelm

Social interactions can be overwhelming for neurodivergent individuals, especially during large holiday gatherings. Creating comfortable social spaces involves setting up quiet areas where your loved one can retreat if they need a break from the festivities. It’s also helpful to establish clear social expectations and provide opportunities for smaller, more intimate interactions. Encouraging open communication needs and boundaries can ensure everyone enjoys the holiday season. To explore more strategies for supporting your neurodivergent loved one’s social challenges, check out the article: Creating Joyful and Inclusive Holidays: Comfortable Social Spaces for Neurodivergent Individuals During the Holidays.

Routine adaptations

Navigating the holidays can be particularly challenging for neurodivergent individuals when an expected routine does not happen, often referred to as a “routine violation.” Some neurodivergent individuals enjoy doing the same things daily so they feel less distressed by the unexpected aspects of life and better able to cope. For example, eating the same food for breakfast, following the same morning routine, or going on the same walk may help them maintain a sense of stability and predictability. The holidays are full of routine violations, including both fun aspects (like getting presents, which can however cause difficulties around knowing an appropriate response) and more challenging ones (such as unexpected food and not being able to do the things that help you cope).

Planning for routine violations can help, as you can make adaptations that support the individual’s needs. It’s critical to have conversations about what aspects of the routine are the most essential and identify methods to support these aspects with the individual’s feedback. For example, allowing someone to bring fruit bars for their breakfast might be a very easy way to support their daily breakfast routine. Knowing ahead of time that a loved one has a personal routine at a set time every day allows for adaptations in planning, such as driving in separate vehicles or arranging for someone they trust to transport them. Adaptations can support routines, often with little to no impact on others’ holiday experience.

Maintaining holiday traditions that offer familiarity and comfort is also important. Certain traditions, such as White elephant gift exchanges or board games, may be beloved components of every holiday. Much anticipated activities and annual traditions can also positively support routine needs, despite them happening less frequently than daily routines.

Crisis Planning

Sometimes, even with everything going as planned, things can still go wrong. In such cases, a neurodivergent crisis can appear as an individual shutting down or melting down. While a shutdown may be a less disruptive internal experience requiring a quiet space to withdraw to and recover, it is still a crisis. In contrast, a meltdown presents a more challenging situation that may be more obvious and impact others. Having a clear crisis plan ensures everyone knows what to do to support your loved one, where the person can go, and how to keep them safe while avoiding embarrassment or guilt during the holidays. Being prepared can make all the difference in managing these difficult moments effectively and fostering acceptance.

Final thoughts

While the holidays can be a joyous time filled with celebrations and new experiences, they can also be overwhelming for neurodivergent individuals. By understanding and accommodating their unique needs through proactive planning, clear communication, and providing a sense of agency, we can create an inclusive and enjoyable holiday season for everyone. This involves thoughtful travel arrangements, sensory-friendly environments, manageable social interactions, routine adaptations, and crisis planning, ensuring that the holidays are a time of comfort and joy for all. Empowering neurodivergent loved ones to manage their needs effectively fosters a sense of belonging and acceptance within the family. By fostering an environment of understanding and support, we can help our neurodivergent loved ones fully participate in the festive spirit of the season, creating a better and more inclusive experience for everyone.

Learn More about Creating Joyful and Inclusive Holidays

This is part of a four-part series on the topic of creating joyful and inclusive holidays for neurodivergent family members. Meeting Neurodivergent Needs While Traveling provides tips and strategies to support neurodivergent individuals during travel to minimize stress. Learn Sensory-Friendly Tips for Neurodivergent Loved Ones to ensure they can enjoy the festivities and participate in making memories. Comfortable Social Spaces for Neurodivergent Individuals During the Holidays provides strategies for managing stress and overstimulation in social situations.

Additional information:

Creating Joyful and Inclusive Holidays: Meeting Neurodivergent Needs While Traveling 

Posted on by Nicol Walsh

A Brief Overview

  • This is part of a four-part series on the topic of creating joyful and inclusive holidays for neurodivergent family members, which began in Supporting a Neurodivergent Family Member During the Holidays and continues in Sensory-Friendly Tips for Neurodivergent Loved Ones and Comfortable Social Spaces for Neurodivergent Individuals During the Holidays.
  • Social interactions can be particularly challenging during the holiday season due to frequent and overwhelming gatherings.
  • Neurodivergent individuals who enjoy socializing may prefer calm, predictable settings.
  • Structured social activities provide a comfortable way for neurodivergent individuals to engage with others, as they offer clear rules and a shared experience.
  • Family gatherings can be stressful due to interactions with relatives they don’t see often, leading to feelings of overwhelm.
  • It’s crucial to respect the boundaries of neurodivergent individuals, allowing them to make their own choices about social interactions and providing opportunities for breaks to avoid overstimulation.
  • Understanding and respecting their social preferences and boundaries, especially during the holiday season, helps ensure neurodivergent individuals feel safe, respected, and included.

Full Article

Navigating social interactions can be particularly challenging for neurodivergent individuals, especially during the holiday season when gatherings are frequent and often overwhelming. While some neurodivergent people enjoy socializing, they may prefer calm and predictable environments where they can engage in structured activities. Understanding their unique needs and preferences is crucial for creating a supportive and inclusive atmosphere that allows them to participate comfortably and meaningfully.

Comfort in calm familiarity

Neurodivergent people who enjoy socializing may prefer calm, predictable gatherings. They might like sitting with a friend to play video games, quietly working on a puzzle together, or playing board games. When faced with a loud, busy family gathering, neurodivergent individuals may withdraw or seek out one person they enjoy chatting with—someone who genuinely respects and understands their accommodation needs, and with whom they can happily spend time discussing a single subject. This person feels safe to them. However, it’s important to recognize that their safe person might need a break too, so having multiple people that they feel safe with can be beneficial.

Incorporating structured activities

For neurodivergent individuals, having structured social activities like board games or group video games can provide a comfortable way to engage with others. Social rules and nuances can often be confusing, making unstructured mingling feel overwhelming and unmanageable. Structured activities offer a more supportive environment for social interaction with the rules clearly identified and a shared experience to drive conversation. Baking together, wrapping presents, and completing holiday crafts are all shared experiences that have clear instructions and goals. These activities not only make socializing more manageable but also add a festive and inclusive touch to holiday gatherings.

Overstimulation with unfamiliar relatives

Even family gatherings can feel strange and stressful. Talking to relatives they don’t see often can be tough for your loved one as they work out how to talk and act around people that feel unfamiliar, even if they are family. This can be overwhelming since they have to understand and respond to different social cues and expectations that might not be easy or comfortable for them.

To help ease this stress, consider preparing your loved one in advance by discussing who will be at the gathering and what to expect. Shared interests can be a great way to connect with others and make conversations more engaging. Tell or remind the neurodivergent individual of interests they have in common with relatives they don’t see as often to help start conversations. Socializing can be challenging, so it’s important to be patient and provide support without pressure.

Supporting boundaries and choice

Even with careful planning and maintaining traditions, the holiday season can still be overwhelming. Back-to-back events can be exhausting for anyone, but they can quickly become overstimulating for neurodivergent individuals. Seeing new people or people they only see once a year, having to navigate complex social hierarchies, and often trying to hide their neurodivergent traits to fit in can be very draining. While it is important to encourage your neurodivergent loved one to engage, it’s also critical to respect their boundaries and teach them how to have agency. Agency refers to their ability to make their own choices and decisions about social interactions, ensuring they feel empowered and in control. Allowing them to sit out some holiday parties for the sake of their own wellbeing can be a gift of emotional recharge, ensuring they don’t come out of the season completely exhausted.

Conclusion

Recognizing and respecting the social preferences and boundaries of neurodivergent individuals is essential, especially during the busy holiday season. Providing structured activities and allowing for breaks can help them manage the stress and overstimulation that often accompany large gatherings. By fostering an environment of understanding and support, we can ensure that neurodivergent individuals feel safe, respected, and included, ultimately enhancing their social experiences and overall well-being.

Learn More about Creating Joyful and Inclusive Holidays

This is part of a four-part series on the topic of creating joyful and inclusive holidays for neurodivergent family members, which began with Supporting a Neurodivergent Family Member During the Holidays. Meeting Neurodivergent Needs While Traveling provides tips and strategies to support neurodivergent individuals during travel to minimize stress. Learn Sensory-Friendly Tips for Neurodivergent Loved Ones to ensure they can enjoy the festivities and participate in making memories. Finally, creating Comfortable Social Spaces for Neurodivergent Individuals During the Holidays provides strategies for managing stress and overstimulation in social situations.

Additional information:

Giving the Gift of Sensory-Regulation: Supporting a Happy Holiday Season for All  

Posted on by Nicol Walsh

It’s the most wonderful time of the year, that is, until…  

Sensory overload can happen to anyone. It is not specific to any single age or disability. In fact, it can also happen to people who do not have a disability.  Whether your sensory systems are functioning as usual for you or disordered, your body needs both sensory input and a break from sensory input.  

The holidays can be a joyous but chaotic time for the whole family. Planning ahead to ensure your personal sensory needs are met, as well as those of your loved one with a disability, can make the difference between experiencing a beloved tradition and struggling to fulfill holiday obligations. In this article, we will share time-honored tips and innovative ideas for managing sensory needs throughout the holiday season from family members, professionals, and self-advocates.  

 Try out these holiday planning and self-regulatory tools.  

Download “The Sensory Systems and How to Meet Their Needs”  

Get to know the eight sensory systems, what they do for the body, and some quick ideas for getting sensory input for each system.  

Download Holiday Mindfulness Profiles  

Use these worksheets to identify your own needs, as well as the needs of your loved one with a disability. Identify what you find enjoyable, what you dread, and rethink your schedule with time to meet your personal needs. Then, use the second page to discuss and plan for your loved ones’ needs. 

 Download the “Ground Yourself in the Moment Worksheet” 

Apply this strategy of counting down with sensory input to calm yourself or your loved one when you feel anxious. Use this worksheet to help yourself or your loved one through each step in the countdown process.  

This video on mindful breathing can be helpful for calming and grounding:

Parents can share this practice out loud with younger children; the techniques in the video help reduce anxiety and help people of any age fall asleep:

Additional Resources:

Home for the Holidays: The Gift of Positive Behavior Support 

Holiday Survival Tips for Families with Special Healthcare Needs

Neurodivergence and the holidays: Creating Joyful and Inclusive Holidays 4-Part Series:

Procedural Safeguards: Student and Parent Rights in Special Education

Posted on by Nicol Walsh

A Brief Overview:

  • Procedural safeguards are a legal requirement for schools and must be provided to parents once a year and during specific situations (e.g., initial referral, filing a complaint, change in placement due to disciplinary action).
  • The Office of Superintendent of Public Instruction (OSPI) issued a statewide procedural safeguards notice, available for download in multiple languages, that outlines parental rights in special education.
  • The Individuals with Disabilities Education Act (IDEA) requires that each state education agency provide ways to solve disagreements between parents and schools regarding a student’s special education.  Procedural safeguards provide information on the formal and informal dispute resolution options available in Washington state.
  • Specific protections are in place when disciplining students with disabilities, including requirements for conducting manifestation determinations and continuing education services during extended removals.
  • Section 504 includes its own procedural safeguards to protect the rights of students with disabilities who are not eligible for special education under IDEA. The Section 504 Notice of Parent Rights is available for download in multiple languages from OSPI.

Full Article

The Procedural Safeguards are a written set of legal protections under the Individuals with Disabilities Education Act (IDEA) designed to ensure that students with special needs receive appropriate education. IDEA, implemented under Washington State law, requires schools to provide the parents/guardians of a student who is eligible for or referred for special education with a notice containing a full explanation of the rights available to them (WAC 392-172A-05015). Understanding these safeguards allows for effective advocacy in a child’s education and ensures their rights are protected throughout the special education process. They do not constitute legal representation or legal advice.

A copy of the procedural safeguards notice is downloadable in multiple languages from the Office of Superintendent of Public Instruction (OSPI). School districts must provide this notice once a year and during key times such as:

In addition to detailing when the procedural safeguards notice must be provided, the procedural safeguards contain information about several key areas, including:

Prior Written Notice

Schools must give prior written notice (PWN) before making any significant decisions about a student’s education, such as changes in identification, evaluation, or placement. This notice must include a detailed explanation of the decision and the reasons behind it. This document is shared after a decision is made and prior to changes in a student’s educational program.

Parental Consent

Schools must get written parental consent (permission) before conducting an initial evaluation or providing special education services for the first time. Parents can withdraw their consent at any time, but this doesn’t undo actions already taken. Once consent is given, the school has 35 school days to complete the evaluation. This consent is only for the evaluation, not for starting services. If the child is a ward of the state, consent might not be needed under certain conditions. When starting special education services under the initial IEP, the school must get consent again, and if refused, they can’t force it through mediation or legal action. Consent is also needed for reevaluations involving new tests, and schools must document their attempts to get it. However, consent isn’t needed to review existing data or give standard tests that all students take.

Independent Educational Evaluation

If a parent disagrees with the school’s evaluation of their child, they can ask for an independent educational evaluation (IEE) that the school district will pay for. The district must give the parent information on where to get an IEE and the rules it must follow. If the district does not agree to the IEE, they have 15 calendar days to either start a file a due process hearing request or agree to pay for the IEE. PAVE provides a downloadable sample Letter to Request an Independent Educational Evaluation.

Confidentiality of Information

Student educational records are confidential. IDEA provides parents and guardians the right to inspect and review their student’s educational records and request amendments if they believe they are inaccurate or misleading. When the child turns 18 years of age, these rights pass from the parent or guardian to the student. The Department of Education provides a website page called Protecting Student Privacy to share resources and technical assistance on topics related to the Family Educational Rights and Privacy Act (FERPA). The procedural safeguards explain terms about educational records from IDEA and FERPA to help parents understand their rights and protections.

Dispute Resolution

IDEA requires that each state education agency provide ways to solve disagreements between parents and schools regarding a student’s Individualized Education Program (IEP). In Washington State, there are both informal and formal options. When parents and school districts are unable to work through disagreements, the procedural safeguards outline the dispute resolution processes available. These options ensure that parents and schools can work towards a mutually agreeable solution while protecting the child’s right to a Free Appropriate Public Education (FAPE).  The formal dispute resolution options available through OSPI are mediation, due process hearings, and state complaints.

Disciplinary Protections

When disciplining students eligible for special education, schools must follow specific rules to ensure fair treatment. If a student is removed for more than 10 consecutive school days or shows a pattern of removals totaling over 10 days in a school year, it’s considered a change of placement, and parents must be notified. After 10 days, the school must provide services to help the student continue their education. A manifestation determination must be conducted within 10 days to see if the behavior was related to the student’s disability. If it was, the IEP team must address the behavior and return the student to their original placement unless agreed otherwise. If not, the student can be disciplined like other students but must still receive educational services.

Also, schools must keep providing educational services to students with disabilities even if they are removed from their current school setting for disciplinary reasons. This helps the student keep making progress in their education. Parents and guardians have the right to join meetings about their child’s disciplinary actions and can ask for a due process hearing if they disagree with decisions. These safeguards ensure students with disabilities receive necessary support and fair treatment during disciplinary actions.

In special cases, such as carrying a weapon or using drugs at school, the student can be placed in an alternative setting for up to 45 days regardless of whether the behavior was related to the student’s disability.

Protections for Students Not Yet Eligible for Special Education

The procedural safeguards outline protections for students who have not yet been found eligible for special education but for whom the school should have known needed services. A school is considered to have this knowledge if a parent previously expressed concerns in writing, requested an evaluation, or if staff raised concerns about the student’s behavior to supervisory personnel. However, if the parent refused an evaluation or the child was evaluated and found ineligible, the school is not considered to have knowledge. In these cases, the student may be disciplined like other students, but if an evaluation is requested during this period, it must be expedited. If the student is found eligible, special education services must be provided.

Requirements for Placement in Private Schools

If parents believe the public school cannot provide FAPE and choose to place their child in a private school, there are steps to request reimbursement from the district. If the child previously received special education services, a court or administrative law judge (ALJ) may require the district to reimburse the cost of private school enrollment if it is determined that the district did not timely provide FAPE and that the private placement is appropriate, even if it does not meet state educational standards.

Reimbursement may be reduced or denied if the parent did not inform the IEP team of their rejection of the proposed placement during the most recent IEP meeting, failed to provide written notice to the district at least 10 business days before the removal, or did not make the child available for a district evaluation after prior written notice. However, reimbursement cannot be denied if the district prevented the notice or if the parent was unaware of their responsibility to provide it. The court or ALJ may also choose not to reduce reimbursement if the parents are not able to read or write in English, or if reducing or denying the reimbursement would cause serious emotional harm to the child.

This PAVE article, Navigating Special Education in Private School, explains the rights of students to receive equitable services in private schools, regardless of whether they are placed there by their parents or through an Individualized Education Program (IEP) decision.

Procedural Safeguards under Section 504

The procedural safeguards under Section 504 ensure that parents are informed of their rights before any evaluation or development of a 504 plan begins. These safeguards include the right to request a referral for evaluation, the formation of a 504 team to assess the student’s needs, and the requirement for parental consent before any evaluation or implementation of the plan. Parents must be provided with a copy of their rights at key points in the process. Additionally, the school must review and evaluate the 504 plan annually and re-evaluate the student’s eligibility at least every three years. Parents also have the right to file formal complaints if they believe the school is not following the 504 plan or if their child is experiencing discrimination or harassment. The Section 504 Notice of Parent Rights is available for download in multiple languages from OSPI.

Conclusion

Procedural safeguards are a requirement under the Individuals with Disabilities Education Act (IDEA) that ensure the rights of students with disabilities and their parents are protected throughout the special education process. By outlining the legal protections available, these safeguards empower parents to actively participate in their child’s educational planning and decision-making. Understanding these rights—from prior written notice and parental consent to confidentiality and dispute resolution—allows families to advocate effectively and collaborate with schools. Through adherence to these safeguards, schools and parents can work together to provide a Free Appropriate Public Education (FAPE) tailored to the unique needs of each child.

Additional Resources:

  • OSPI’s Special Education webpage includes information about data collection, dispute resolution, funding information, guidance for families, legal procedures, program improvement initiatives, resource libraries, and support for secondary transition services.
  • Special Education Parent & Community Liaison provides non-legal support by phone (360-725-6075) or through an online message portal, Ask OSPI web page.
  • PAVE provides direct support to parents and guardians, youth with disabilities, adult self-advocates, and professionals. Complete the Get Help request form to be connected with individualized information, resources, and training.

When Parents and Schools Disagree: Navigating Special Education Disputes

Posted on by Nicol Walsh

A Brief Overview:

  • If parents win a due process hearing or civil lawsuit, the school district might have to pay their attorneys’ fees. Conversely, if the complaint is deemed frivolous, parents might have to pay the school district’s fees.
  • Protections are in place for children not yet identified as needing special education if disciplinary actions are taken.
  • Every school district has a process for filing complaints related to harassment, intimidation, and bullying (HIB).
  • Complaints about discrimination involving students with disabilities can be filed with OSPI or the U.S. Department of Education’s Office for Civil Rights (OCR). OCR will not handle cases already being addressed by another agency or school process unless the process is completed and the complaint is filed within 60 days.

Full Article

The Individuals with Disabilities Education Act (IDEA) requires that each state education agency provide ways to solve disagreements between parents and schools regarding a student’s Individualized Education Program (IEP). These options ensure that parents and schools can work towards a mutually agreeable solution while protecting the child’s right to a Free Appropriate Public Education (FAPE). The Office of Superintendent of Public Instruction (OSPI) offers both informal and formal dispute resolution processes.

These dispute resolution options provide structured processes for addressing and resolving disagreements, ensuring that the rights of students with special needs are upheld and that they receive the education and services to which they are entitled.

Informal Dispute Resolution

IEP facilitation is a voluntary and informal process where parents and school districts can address their special education concerns with the assistance of a trained, neutral facilitator. This process allows both parties to resolve issues collaboratively without the formality of mediation, and it is provided at no cost. OSPI contracts with Sound Options Group to offer free facilitation services from facilitators skilled in conflict resolution to help clarify disputes, set agendas, and work towards mutually agreeable solutions. Participation in facilitation is entirely optional for both families and districts.

The IEP facilitation process starts when either a family or a school district contacts the Sound Options Group to request help. A parent can request facilitation by contacting Sound Options Group directly by phone at 800-692-2540 or 206-842-2298 (Seattle) to request a mediation session. For Washington State relay service, dial 800-833-6388 (TDD) or 800-833-6384 (voice). Sound Options Group gathers initial information about the student and the needs of both parties, confirming that both the family and district agree to proceed with a facilitated IEP meeting. Once the IEP team sets a date for the 3–4-hour meeting, the facilitator is assigned. The facilitator helps everyone prepare by sharing documents, setting a mutually agreeable agenda, confirming the meeting details, and preparing both parties for the meeting. After the facilitated IEP meeting, a case worker from Sound Options Group and the facilitator review the session and decide if another meeting is needed. A successful facilitated IEP meeting will result in the development of an IEP that is tailored to meet the unique needs of the student.

Another option for informal dispute resolution is Washington State Governor’s Office of the Education Ombuds (OEO), which helps parents and schools resolve disagreements about special education services. Acting as a neutral and independent guide, the OEO helps parents and educators understand special education regulations, facilitates problem-solving, and advises on communication strategies to support a team approach to a student’s education. The OEO does not provide legal advice, act as an attorney, conduct investigations, or advocate for any party. OEO can be contacted through their online intake form or by phone (1-866-297-2597) with language interpretation available.

Formal Dispute Resolution

When informal methods are unsuccessful, families and schools can turn to formal dispute resolution processes outlined in the procedural safeguards  and available through the special education system. A copy of the procedural safeguards notice for Washington is downloadable in multiple languages from the Office of Superintendent of Public Instruction (OSPI).

In Washington state, the formal dispute resolution options are:

1. Mediation

Mediation is a voluntary process provided at no cost to parents and schools. It is designed to resolve disputes related to the identification, evaluation, educational placement, and provision of FAPE. Both parties must agree to participate in mediation. Mediators are trained, impartial individuals knowledgeable about special education laws. OSPI contracts with Sound Options Group to provide trained, neutral mediators to facilitate effective communication and problem-solving between parents and school districts. This brochure, Mediation in Special Education, outlines the services provided by Sound Options Group. Discussions during mediation are confidential and cannot be used in due process hearings or civil proceedings. If an agreement is reached, it must be documented in writing and is legally binding. Parents can contact Sound Options Group directly to request mediation.

2. Special Education Complaint

Any individual or organization can file a special education complaint if they believe a school district or public agency has violated Part B of the Individuals with Disabilities Education Act (IDEA). Complaints must be filed within one year of the alleged violation. OSPI investigates the complaint, gathering information from both the parent or guardian and the school district. OSPI then issues a written decision addressing the complaint and any corrective actions required within 60 days of receiving the complaint. PAVE has developed this training video, Procedural Safeguards: How to File a Special Education Complaint, that walks through OSPI’s community complaint form with a pretend scenario.

3. Due Process Hearing

A due process hearing is a formal meeting to resolve disputes about a child’s identification, evaluation, placement, or FAPE. Either parents or the school district can request this hearing, but they must do so within two years of the issue, unless there was misrepresentation or withheld information. The request for a due process hearing must be in writing, signed, and include:

  • the name, address, and contact information of the student (even if homeless)
  • the name of the student’s school
  • the school district responsible for the IEP
  • a description of the issue, the facts, and related events
  • your proposed resolution

The original request must be provided to the other party – the parent or guardian must send it to the superintendent of the student’s school district, and the school district must provide the original to the parent or the guardian of the student. In addition, a copy of the request must be sent to the Office of Administrative Hearings by mail (PO Box 42489, Olympia, WA 98504-2489), fax (206-587-5135), or email (oah.ospi@oah.wa.gov). The party asking for a due process hearing must have proof that they gave their request to the other party.

Before the hearing, the school district must meet with the parents and relevant IEP team members within 15 days to try to resolve the issue at a resolution session. OSPI provides a direct to download form, Information and Forms on Resolution Sessions. During the hearing, both sides present evidence and witnesses. Parents have the right to bring a lawyer, present evidence, and question witnesses. An administrative law judge (ALJ) makes a decision, which can be appealed in state or federal court. The decision is final unless it is appealed and the decision is overturned. If an agreement is reached before the hearing, it must be written down in a settlement agreement.

For disputes about disciplinary actions that change a student’s placement, expedited due process hearings are available. These hearings happen faster than regular ones to resolve urgent issues quickly.

Dispute Resolution Outside of Special Education

If parents disagree with the decision made in a due process hearing, they have the right to file a civil lawsuit in state or federal court. This must be done within a specific time period, often 90 days, after the due process hearing decision. The court will review the administrative record, hear additional evidence if necessary, and make a ruling (decision) in the case. The civil lawsuit is not a part of the special education dispute resolution process and there are additional costs associated. Please note that PAVE is not a legal services agency and cannot provide legal advice or representation. Washington State Office of Administrative Hearings has compiled this Legal Assistance List for Special Education Due Process Disputes.

If parents win a due process hearing or lawsuit, the school district might have to pay their attorneys’ fees. But if the court decides the complaint was frivolous or filed for the wrong reasons, parents might have to pay the school district’s attorneys’ fees.

Additional Considerations

If a child hasn’t been identified as needing special education but parents think they should be, there are protections if the child faces disciplinary actions. If the school knew the child might need special education services before the behavior happened, they must follow special education disciplinary procedures.

Every school district has a process for filing a formal complaint related to harassment, intimidation and bullying (HIB). PAVE has compiled information and resources to address bullying in this article, Bullying at School: Resources and the Rights of Students with Special Needs.

Complaint Processes Related to Discrimination

OSPI’s Complaints and Concerns About Discrimination page states, “Each student must have equal access to public education without discrimination.” This page contains Discrimination Dispute Resolution Information Sheets that contain definitions of key terms, information about the role of district Civil Rights Compliance Coordinators, and instructions and requirements for filing different types of complaints, available for download in different languages. Anyone can file a complaint about discrimination involving students with disabilities in a Washington public school, which is prohibited by Washington law (RCW 28A.642.010). Formal discrimination complaints must be written, and the complaint must contain:

  • a description of the incident
  • why it is allegedly discriminatory
  • proposed corrective action the district or charter school can take

The formal discrimination complaint must be hand carried, mailed, faxed, or emailed to district superintendent, administrator of the charter school, or Civil Rights Coordinator. When a school district or charter school receives a complaint, it must investigate and respond within 30 days, unless an extension is agreed upon. The civil rights coordinator provides the complaint procedure and ensures a thorough investigation. If exceptional circumstances require more time, the school must notify the complainant in writing. The school can also resolve the complaint immediately if both parties agree. After the investigation, the school must respond in writing, summarizing the results, stating whether they complied with civil rights law, explaining appeal options, and detailing any corrective measures, which must be implemented within 30 days unless otherwise agreed.

Students with disabilities in public schools are also protected against discrimination by federal laws, including Section 504 of the Rehabilitation Act of 1973 and IDEA. The U.S. Department of Education’s Office for Civil Rights (OCR) accept complaints with overlapping civil rights concerns, such as racism and disability discrimination. An OCR complaint must be filed within 180 calendar days of the alleged discrimination. If the school district’s dispute resolution process is already handling the case through a means like what OCR would provide, OCR will not take on the case. Once the school district’s process is completed, individuals have 60 days to file their complaint with OCR, which will then decide whether to accept the result from the other process. OCR provides step-by-step instructions for filing a discrimination complaint.

Some families are anxious about questioning actions taken by the school. Parents have protections under the law. The Office for Civil Rights maintains specific guidelines that prohibit retaliation against people who assert their rights through a complaint process. 

Additional Resources:

What is a Medical Home?

Posted on by Nicol Walsh

Brief Overview 

  • A “medical home” is a coordinated care team with a coordinated care plan for an individual’s medical needs.   
  • Medical homes can be very useful any time an individual has more than one provider and more than one provider prescribing medications or treatments. They are not only for highly complex medical conditions. 
  • Medical homes have many advantages, but it’s important to select providers with the interest and qualities to make it work 
  • This article offers tips and questions to ask yourself and your family’s providers to help decide if your child or other family member needs a medical home. 

Medical Home: What is it? Does my child need one?  

A medical home creates a coordinated team and a coordinated care plan around all your child’s medical needs. When a family or youth works with a physician or clinic to build (create) a medical home they all work together to “wrap around” the different medical providers and services needed for that person’s best health and wellbeing.   

Medical homes don’t happen right away and don’t always look the same. Often a medical home is started and/or managed through a primary care or pediatric clinic, but if a person has complex medical needs, a specialist provider, practice, or clinic may be a useful “site” for the medical home. 

Medical complexity, or a diagnosis that affects multiple systems in the body or has the potential to be life-threatening, adds its own set of challenges to a medical home. A medical home for an individual who is considered medically complex often has multiple specialists as well as therapists, medication management, and other systems such as school or early intervention. A good medical home can be a communication hub that helps this large multi-disciplinary team stay on the same page and not work at cross purposes.  

No matter who provides coordination, a medical home supports your child and helps you as the parent or guardian with care coordination. Some families have medical homes “built” through a specialist’s office, some a primary care pediatrician, and others who are on Medicaid can have that coordination through a managed care patient care specialist.  

There doesn’t need to be medical complexity to start discussing a medical home with a child’s team; there just needs to be more than one provider working with the child/youth or young adult, and with different medications prescribed by different providers. A medical home helps everyone be on the same page and you as a family to be part of the overall care plan.  

When working with a provider to develop a medical home, remember that respect is a two-way street. Working with complex needs can be frustrating and scary and just because someone is a physician doesn’t mean they have all the answers.  

Ask questions and let your providers know when you don’t understand a decision or if you disagree with their decision. This can be done respectfully and can help build a strong line of communication.   

A medical home set up under this mutual respect with the family and patient at the center and as co-creators of care is at the heart of the medical home idea and an essential foundation for a medical home that works.   

When choosing a provider to help you create a medical home, here are questions to ask yourself:  

  1. Who is being valued and honored as the expert on the child or youth? Is it the family and the individual?  
  1. Is this team family and patient-centered?  
  1. Is there trust and respect that goes both ways?  
  1. Are Culture, race, language, and religion being honored?  
  1. Is an effort being made to understand not only the diagnosis but also its long-term impact on the patient and the family?   
  1. Are all an individual’s healthcare needs included in the care plan, including well-child and required immunizations?  
  1. Can you get help to find specialty care and community services when needed?  
  1. Do you feel supported in managing the care plan as a caregiver, family, or individual?  
  1. Is information provided to help understand choices and options in care, and is time set aside for discussion, with the family and/or patient being the person who decides?  

What other qualities are important when choosing a provider or practice to create a medical home? 

  • It’s helpful if your provider has at least some experience with the diagnosed condition. The relationship of the provider with a patient and their family can be just as important.  
  • Is the provider a good listener? Open communications are important so decisions are developed together, and the provider recognizes that the family and their youth/young adult are the experts in developing the young person’s care. 
  • If your child is a transitioning youth an important consideration may be a provider or clinic’s connection to adult care and their willingness to work with the youth rather than the adult caregiver in developing care plans. 
  • Does a provider work well with the other members of a child’s care team?  Are they willing to communicate and think proactively about sharing information? When a family with their child, youth, or young adult works with a provider in a medical home to make decisions together as a team, and information is shared with all members of the team, it provides a robust model for long-term working care plan development no matter who moves in and out of that family and individual’s medical home.  
  • A willingness to work with supports inside and outside the medical profession is also something to think about. A physician that is willing to work with a school and advocate for the child’s needs in a school environment goes a long way in setting up a strong IEP or 504 education plan.  

Additional advantages to consider taking time to work with a provider to develop a medical home:  

  • It can help in the early identification of additional healthcare needs or potential complications, creating a proactive approach  
  • Provides consistent, ongoing primary care   
  • Continuing coordination with a broad range of other specialty services  
  • Medical home team’s support can help in finding more medical services when needed  
  • More cost-effective care overall  
  • A child or youth’s doctors will get to know their needs and individual circumstances better  
  • The integrated partnership approach creates better healthcare outcomes  
  • Information is easier to share across the different providers, with therapists, schools, and the patient and families themselves  
  • Strong relationship building is emphasized in care  
  • Fewer visits to the emergency room and hospital when problems are found more quickly  

Family can be a constant in many children’s lives. They know the history of the child and they will be there in the future.  

Bringing a trusted medical provider into that circle to help with medical coordination and care can increase a family’s ability to look beyond the need to juggle the many issues of caring for a child with special healthcare needs.  

A medical home can spread the burden of coordination and decision-making between many hands and can keep everyone on the same page. This alone can be worth the extra work that you may face in the beginning.  

Resources  

Here are some useful online resources for creating and using a medical home: 

American Academy of Pediatrics  

Washington State Medical Home  

Related  

Tips to Organize Your Child’s Medical and School Documents 

  

Ages 3-5 Transition Toolkit

Posted on by Nicol Walsh
Cute preschoolers playing game on table.ai generative

Ages 3-5 Transition Toolkit

A Guide to Washington Services for 3-5 Year Olds with Disabilities

New parents have a lot to manage. Concern about whether a child’s growth and development are on track can be confusing. This toolkit provides places to begin if caregivers suspect that a baby or young child may need services due to a developmental delay or disability.

Presenting our newest resource – the 3-5 Transition Toolkit – A guide to Washington services for 3-5 year olds with disabilities. This toolkit encompasses a collection of our informative articles, complemented by sample letters to provide you with a solid foundation as you navigate through this crucial transition period.

Download the Complete Transition Toolkit for Ages 3-5

Toolkit now available in Russian, Vietnamese and Spanish!

Download the Complete Transition Toolkit for Ages 3-5 in Russian
Download the Complete Transition Toolkit for Ages 3-5 in Spanish
Download the Complete Transition Toolkit for Ages 3-5 in Vietnamese

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

Early Learning Articles:

Where to Begin When A Student Needs Help

Posted on by Nicol Walsh
Diverse friends taking big group selfie shot smiling at camera -Laughing young people standing outdoor and having fun - Cheerful students portrait outside school

Where to Begin When A Student Needs Help

A toolkit to guide you through the special education process in Washington State

When a student has unmet needs and may need new or different school-based services, figuring out what to do next can feel confusing or overwhelming. PAVE provides this toolkit to support families in taking initial, critical steps. These guidelines apply regardless of where school happens.

Presenting our newest resource – the Where To Begin When a Student Needs Help.  This user-friendly toolkit has been created to give you and your family the guidance you need when you are navigating the special education process in Washington State.

Download the Complete This Where To Begin Toolkit!

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

Where to Start Articles:

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

Posted on by Nicol Walsh
excited high school students with arms outstretched outdoors

Planning My Path

Practical Tips and Tools for Future Planning

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

Download the Complete Transition Toolkit for Young Adults

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

Articles to help Young Adults:

Special Education Blueprint: The Six Principles of IDEA 

Posted on by Nicol Walsh

Navigating the education system can be challenging for students with special needs and their families. Fortunately, the Individuals with Disabilities Education Act (IDEA) provides a robust framework to ensure that eligible students receive the support they need. IDEA is a federal law built on six key principles that guarantee specific rights and protections. 

The six principles of IDEA are: 

1. Free Appropriate Public Education (FAPE) 

Students with disabilities have the right to a free and appropriate education (FAPE) tailored to their needs. This means they get special education services, accommodations, and modifications at no cost to their families. To better understand what FAPE entails, let’s break down its key components: 

  • Free: Education for children with disabilities is provided at no cost to parents, except for incidental fees like club memberships, which are the same as for general education students. 
  • Appropriate: Each child with a disability is entitled to an education tailored to their individual needs, including suitably challenging goals and supporting progress in the general education curriculum. Depending on the unique needs of the student, appropriate services may include transition services that continue through the school year in which the student turns 21 years of age. 
  • Public: Children with disabilities have the same right to attend public schools as their non-disabled peers. Public schools must accommodate their individual needs and help them plan for the future. 
  • Education: All children in the state between the ages of 5 and 18 are entitled to a public education. Eligible children with disabilities will receive a public education that includes special education and related services, preparing them for further education, employment, and independent living. 

2. Appropriate Evaluation 

IDEA requires schools to take a closer look at children with potential disabilities (Child Find Mandate). Before a student can receive special education services, an appropriate evaluation must be conducted. This comprehensive assessment is designed to identify the child’s specific educational needs. The evaluation must be free of bias, use multiple methods of assessment, and be conducted by a team of qualified professionals. Parents and guardians have the right to be involved in this process. The results provide information that the school and parents use to make decisions about how the child’s education can be improved. 

The school follows specific deadlines for an evaluation process. They have 25 school days to respond to the referral in writing. If they proceed with the evaluation, they have 35 school days to complete the assessment. 

3. Individualized Education Program (IEP) 

The IEP is a critical component of IDEA. The IEP is developed collaboratively by a team that includes the student, parent(s) or guardian(s), teachers, school administrators, and other specialists. The program is reviewed at least once a year. Every student on an IEP gets some extra help from teachers, but the rest of the program depends on what a student needs to learn. Areas of need may be academic, social and emotional skills, and/or general life skills.  

Washington State requires schools to start IEP services within 30 calendar days of the eligibility finding. That means school staff generally start drafting the IEP right after the school and family meet to talk about the evaluation and the student’s eligibility. A family member can ask to extend the 30-day deadline, but schools cannot delay the process without parental consent. 

4. Least Restrictive Environment (LRE) 

IDEA emphasizes that children should be educated alongside their non-disabled peers “to the maximum extent appropriate.” This principle ensures that children with disabilities have access to the same educational opportunities as their peers. General education classrooms and school spaces are the least restrictive. If the school has provided extra help in the classroom but the special education student still struggles to access FAPE, then the IEP team considers other options. The school explains placement and LRE in writing on the IEP document.  

5. Parent and Student Participation 

The IDEA and state regulations about IEP team membership make it clear that parents or legal guardians are equal partners with school staff in making decisions about their student’s education. This includes participation in IEP meetings, access to educational records, and the ability to provide input on educational goals and services. As a child matures, they are also encouraged to participate in the decision-making process, promoting self-advocacy and independence.  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 (WAC 392-172A-03100). 

6. Procedural Safeguards 

Procedural safeguards are designed to protect parent and student rights by ensuring that they receive a written explanation of their rights at the time of referral for special educational evaluation and every year after. When parents and schools disagree, these rights describe the actions a parent can take informally or formally. 

A copy of the procedural safeguards is downloadable in multiple languages from the Office of Superintendent of Public Instruction (OSPI), the guidance agency for Washington schools. Parents may receive procedural safeguards from the school any time they request them. They also may receive a copy if they file a complaint with the state. Procedural safeguards are offered when a school removes a student for more than 10 days in a school year through exclusionary discipline.  

Learn more about IDEA 

IDEA ensures that individuals with disabilities receive support and education throughout their lives, from early childhood through adulthood.  It drives how states design their own special education policies and procedures. In Washington State, rules for the provision of special education are in Chapter 392-172A of the Washington Administrative Code (WAC). 

PAVE provides training on a variety of topics, including IDEA. Trainings are live and on-demand, in person and online. Register for an upcoming training on the PAVE calendar. 

Additional Information: 

What Happens During an Early Intervention Evaluation?

Posted on by Nicol Walsh

Early Intervention is intended for infants and toddlers who have a developmental delay or disability.

Eligibility is determined by evaluating the child (with parental consent) to see if the child does, in fact, have a delay in development or a disability. Eligible children can receive early intervention services from birth to the third birthday. After a referral is accepted, a team of professionals uses standardized tools and observations to evaluate a child’s development in five areas:

  1. Physical – Reaching for and grasping toys, crawling, walking and jumping
  2. Cognitive – Watching activities, following simple directions, problem – solving
  3. Social Emotional – Making needs known, initiating games, starting to take turns
  4. Communication – Vocalizing, babbling, using two -to-three word phrases
  5. Adaptive – Holding a bottle, eating with fingers, getting dressed
Five areas of a child's development: Physical, Cognitive, Social - Emotional, Communication and Adaptive
Five Areas of a Child’s Development

After a child is evaluated, data are compared against typically developing children of the same age. If scores show a 25 percent delay overall or if the score in one developmental area is statistically 1.5 standard deviations below typical peers, then the child is eligible for an IFSP.

Some medical and developmental conditions are more likely to cause developmental delays. ESIT has a Qualifying Diagnoses List of these conditions that allows for automatic eligibility determinations. If an infant or toddler has a qualifying diagnosis, they will be enrolled in early intervention services without completing the initial eligibility evaluations.

ESIT’s A Family’s Guide to Early Intervention Services in Washington State contains more details about the evaluation process.

LGBTQ+ and Disability Rights in School

Posted on by Nicol Walsh

A Brief Overview

  • Youth and young adults with disabilities may also have diverse sexualities and gender identities.
  • Students can experience discrimination based on disability, and face discrimination based on sexual orientation, gender identity, and gender expression.
  • LGBTQ+ is an acronym that stands for lesbian, gay, bisexual, transgender, queer (or sometimes questioning), and others. The “plus” represents other gender identities including pansexual, Two-Spirit, non-binary, gender-fluid.
  • LGBTQ identities are NOT disabilities, but students with disabilities may also be LGBTQ+.
  • LGBTQ+ youth with disabilities report high rates of harassment and are more likely to be bullied or harassed than students without disabilities.
  • Race, ethnicity, nationality, disability, sexual orientation, gender identity, and gender expression are all protected classes under Washington law.
  • PAVE’s Parent Training and Information (PTI) staff help families understand and navigate service systems for children 0-26. Click Get Help on the PAVE website or call 800-572-7368.

Full Article

LGBTQ+ is an acronym that stands for lesbian, gay, bisexual, transgender, queer (or sometimes questioning), and others. The “plus” represents other gender identities including pansexual, Two-Spirit, non-binary, gender-fluid.

Youth and young adults with disabilities may also have diverse sexualities and gender identities. LGBTQ+ identities are NOT disabilities, but students with disabilities may also be LGBTQ+. The prevalence of disability among LGBQT+ youth is not clear, but research is emerging. The Human Rights Campaign (HRC) Foundation 2018 LGBTQ+ Youth Report surveyed over 12,000 LGBTQ+ youth aged 13-17 from across the United States. One in seven (15%) LGBTQ+ youth said they had a disability. A 2020 Trevor Project survey found that 5% of LGBTQ+ reported having deafness or a hearing disability, whereas a 2021 Trevor Project survey found that 5% of LGBTQ+ youth were diagnosed with autism.

Discrimination is defined as the unjust or prejudicial treatment of people who may fall into different classes, or categories, such as race, ancestry, age, gender, or disability. Many categories of people are specifically protected by laws because of historical and current discrimination. In the United States, protected classes include age, ancestry, color, disability, ethnicity, gender, gender identity or expression, genetic information, HIV/AIDS status, military status, national origin, pregnancy, race, religion, sex, sexual orientation, and veteran status.

Individuals may have many different “identities,” some of which they may choose, others they are born with, and still others which may occur during their lifetime. For instance, someone may be born female, be a parent, be a teacher, be a military veteran, have a disability, be a lesbian, and be married. Someone else may be born male, identify and express as a female, be descended from Italian immigrants to the United States, be single, and be heterosexual.

When someone has two or more identities, and each identity may be the target of discrimination, that is called “intersectionality.” Intersectionality may increase the chance of a person experiencing discrimination.

According to the HRC Foundation, “more than one-third (36%) of disabled LGBTQ+ students say they have been bullied or harassed in school because of their disability, while three in ten (30%) say they have felt unsafe at school because of their disability.”

Washington specifically protects LGBTQ+ students in public schools from discrimination based on sexual orientation, gender identity, and gender expression. Washington also has laws to protect students from discrimination based on disability. These laws are in addition to federal laws that also protect individuals from discrimination.

From January 31, 2020, all districts in Washington must have a policy and procedures that includes all elements of a model policy for gender inclusive schools and procedures. Gender-inclusive schools help all students by reducing gender stereotypes and result in better outcomes both inside and outside of school[1] for students who are transgender, cisgender, or nonbinary. The model policy is from Washington Association School Board Directors Association (WSSDA).

The Office of the Superintendent of Public Instruction (OSPI), Washington’s state-level education department, has a page for families on gender-inclusive schools and non-discrimination based on gender identity and gender expression in Washington Schools. Topics covered include:

  • Safe & Nondiscriminatory Environment, Free from Harassment
  • Names, Pronouns, and Gender Designations
  • Dress Codes and Gender Expression
  • Sex-segregated Facilities and Activities
  • Confidential Educational and Health Information

A Guide for Educators and Parents/Guardians on Supporting LGBTQ Students with an IEP or 504 Plan was produced by The HRC Foundation, National Association of School Psychologists, National Association of Secondary School Principals, National Center for Lesbian Rights, and the National Education Association. This guide emphasizes that “Ideally, students should be allowed access to needed resources, services, restrooms and locker rooms without such access being written into a Section 504 Plan or IEP, but there are times when including specific provisions about equal access may be necessary to ensure that students are able to access school programs and facilities and benefit from classroom instruction.”

If you are concerned about your child’s rights in school:

  • PAVE has a resource called Bullying at School: Resources and Rights of Students
  • As a first step, OSPI suggests “A discussion with your school principal, or civil rights coordinator at the school district, is often the best first step to address your concerns or disagreements about discrimination and work toward a solution. Share what happened and let the principal or coordinator know what they can do to help resolve the problem.
  • If you cannot resolve the concern or disagreement this way, you can file a complaint”.
  • LGBTQ+ students and their families can also reach out to OSPI’s Equity and Civil Rights Office at 360–725–6162 or equity@k12.wa.us. While program staff are not allowed to provide specific legal advice, they are available to listen to concerns and to provide helpful resources and guidance.
  • LGBTQ+ students and their families can also reach out to the Governor’s Office of the Education Ombuds.
  • The federal government’s Department of Education, Office for Civil Rights has a page, “Resources for LGTBQI+ Students”.
  • The US Department of Education publishes the LGBTQI Education Toolkit which can be helpful for students, parents, teachers, and school administrators to look at when looking at solutions to gender and gender identity discrimination.

Additional Resources:

Resources for LGBTQ+ People Living with Disabilities:

 

Autism Spectrum Disorder: Information and Resources for Families

Posted on by Nicol Walsh

A Brief Overview

  • Autism Spectrum Disorder (ASD) is a spectrum condition with varied signs and symptoms. It involves challenges in multiple areas, including social skills, emotional regulation, communication, and behavior.
  • ASD can appear differently from one person to the next, and as a child develops from infancy through adulthood. Families concerned about a child’s development can call the state’s Family Health Hotline at 1-800-322-2588. This toll-free number offers help in English, Spanish and other languages.
  • Parents of infants and toddlers aged 0-3 with developmental concerns may benefit from the services provided by the Early Support for Infants and Toddlers (ESIT) program, which provides specialized services and support that are crucial during the early and highly formative years of a child’s life.
  • Students with ASD may qualify for school-based services through an Individualized Education Program (IEP) if their disability significantly impacts educational access. These services are determined through evaluations that can include various related conditions. A medical diagnosis is not required for school-based evaluations or interventions.
  • The Developmental Disabilities Administration (DDA) accepts diagnoses from Autism Centers of Excellence (COEs) as a component of DDA services eligibility, with the exception of naturopathic providers.
  • Connecting with other families to share and learn from experiences is invaluable, and there is a wealth of resources available to assist those seeking support and information in Washington State. Parent to Parent (P2P) programs across various counties provide free training and support, with support groups tailored to cultural and linguistic communities such as Spanish-speaking and Black & African American families.
  • PAVE provides support to families navigating various healthcare systems related to disability. Fill out a Helpline Request for direct support and click on the “Health and Wellness” link to be directed with individual support.

Full Article

Parents of individuals with autism have many different experiences when watching their child’s development, navigating school years and relationships, and building community and belonging. When developmental milestones aren’t met in typical timeframes, families may seek a diagnosis, medical interventions, and/or support from school.

CDC numbers show that 1 in 36 children have ASD and 2.8% of 8-year-old children have a diagnosis of ASD. According to Washington’s Department of Health (DOH), between 23,000-48,000 of the state’s children have some form of diagnosed ASD.

April is Autism Acceptance Month, providing an opportunity to consider challenges and celebrations for individuals who experience neurodiversity, which is a word used to capture a range of differences in the ways that humans function and experience the world. Much of the Autistic community rallies to honor neurodiversity, uplift the voices of self-advocates, and forward the movement of civil and social rights.

To promote dignity, neurodiversity, and empowerment, many autistic self-advocates prefer identity-first language, such as “autistic person” instead of person-first language like “person with autism”. This approach recognizes autism as an integral and inseparable part of an individual’s identity.

What is Autism Spectrum Disorder (ASD)?

Autism Spectrum Disorder (ASD) is referred to as a “spectrum”, which means that signs and symptoms vary among individuals. The Centers for Disease Control and Prevention (CDC) defines Autism Spectrum Disorder (ASD) as “a developmental disability that can cause significant social, communication and behavioral challenges.

“There is often nothing about how people with ASD look that sets them apart from other people, but people with ASD may communicate, interact, behave, and learn in ways that are different from most other people. The learning, thinking, and problem-solving abilities of people with ASD can range from gifted to severely challenged. Some people with ASD need a lot of help in their daily lives; others need less.”

A diagnosis of ASD includes several conditions that were formerly diagnosed separately, including autistic disorder, pervasive developmental disorder not otherwise specified (PDD-NOS), and Asperger syndrome. A short YouTube video by Osmosis.org provides an overview of ASD.

Autism Indicators and Markers Across the Lifespan

People with ASD may struggle with social, emotional, and communication skills. They might repeat certain behaviors or have rigid ideas about routines.  Indicators of ASD often begin during early childhood and typically last throughout life. Professor and autism self-advocate, Dr. Stephen Shore said, “If you’ve met one person with autism, you’ve met one person with autism.” ASD can appear differently from one person to the next, and as a child develops from infancy through adulthood.  There are services and supports available at each stage of development and life.

Early Childhood Indicators and Supports

The American Academy of Pediatrics recommends that all children have a developmental screening at every well-child check-up, with an autism screening at 18 months of age and again between ages 2 and 3. To encourage early screening and intervention, the CDC provides developmental milestone trackers for children Birth-5, including a Milestone Tracker App. State-specific information about early screening recommendations and guidance is available from the Washington Department of Health (DOH).  Families concerned about a child’s development can call the state’s Family Health Hotline at 1-800-322-2588. This toll-free number offers help in English, Spanish and other languages.

Some early childhood indicators of ASD include:

  • Not pointing at objects, such as an airplane flying overhead, or looking when someone else points
  • Not wanting to be held or cuddled
  • Repeating or echoing words, phrases, or actions

Several state agencies collaborated to publish Early Learning and Development Guidelines. The booklet includes information about what children can do and learn at different stages of development, focused on birth through third grade. A free downloadable version is available in English, Somali, and Spanish on the Washington State Department of Children, Youth & Families (DCYF) website. An English translation is also available on the Office of the Superintendent of Public Instruction (OSPI) Early Learning Resources page.

Parents of infants and toddlers aged 0-3 with developmental concerns may benefit from the services provided by the Early Support for Infants and Toddlers (ESIT) program, which provides specialized services and support that are crucial during the early and highly formative years of a child’s life. Early intervention services through ESIT not only supports the child’s immediate developmental needs but also lays a foundation for their future learning and adaptation. ESIT provides the following:

Early Evaluation and Identification: ESIT helps in the early identification of developmental delays or disabilities, including autism, through assessments conducted by a team of professionals. These evaluations focus on key developmental areas such as motor skills, cognition, communication, social interaction, and self-help skills. Early diagnosis is crucial for autism, as it can lead to early intervention, which is shown to improve outcomes.

Services and Supports: Once a child is evaluated and deemed eligible, they receive an Individualized Family Service Plan (IFSP) under Part C of the Individuals with Disabilities Education Act (IDEA). This plan is tailored to meet the unique developmental needs of the child and also considers the family’s resources, priorities, and concerns. The IFSP includes detailed information on the child’s current development levels, the specific interventions planned, and the expected outcomes. Through ESIT, children can access a wide range of early intervention services designed to address specific developmental needs associated with ASD.

Family-Centered Approach: The family plays a crucial role in the development and implementation of the IFSP. Family Resource Coordinators (FRCs) assist families in understanding their child’s needs, the available services, and the implementation of the intervention plan. This inclusive approach ensures that the family’s needs and goals are addressed, promoting a supportive environment for the child.

The ESIT website includes videos to guide family caregivers and a collection of Parent Rights and Leadership resources, with multiple language options.

Parents may also contact their local school district for evaluation.  Regardless of whether a student is medically diagnosed with ASD, a school district has the affirmative duty to seek out, evaluate and serve—if eligible—any child within its boundaries who has a known or suspected disability condition that may significantly impact access to learning (Child Find Mandate). Child Find applies to IDEA’s Part B IEP services for children ages 3-21 and to IDEA’s Part C early intervention services for children Birth-3.  See PAVE’s article about early intervention services for more information.

Supporting a Student with ASD

Children and youth in adolescence may demonstrate the following characteristics of ASD:

  • Avoiding eye contact or making excessive eye contact
  • Uncertainty in understanding what facial expressions or tones of voice mean
  • Not understanding sarcasm, figures of speech, or metaphors

Autism is an eligibility category for a student to receive school-based services through an Individualized Education Program (IEP). The categories are defined by the federal Individuals with Disabilities Education Act (IDEA). State law further defines the categories and criteria for intervention.  

The Washington Administrative Code that describes IEP eligibility (WAC 392-172A-01035) describes autism as “a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a student’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.”

Schools have specific evaluation tools to determine how the features of an autistic disorder might impact school. Evaluations can also determine eligibility based on health impairments (for example, ADHD), speech delays, learning disabilities, or emotional behavioral conditions that might co-occur with autism. See PAVE’s article about evaluation process for more information, including a list of all IDEA eligibility categories.

In short, a student is eligible for an Individualized Education Program (IEP) if the evaluation determines:

  • The student has a disability
  • The disability significantly impacts access to education
  • The student requires Specially Designed Instruction (SDI) and/or Related Services

Not every student with ASD is eligible for school-based services through an IEP. Some may have “major life activity” impacts to qualify for a Section 504 Plan, which can accommodate a student within general education. Section 504 provides anti-discrimination protections as part of the Rehabilitation Act of 1973. Keep in mind that students with IEPs have disability-related protections from IDEA and Section 504. Additional protections are part of the Americans with Disabilities Act (ADA). See PAVE’s article about disability history for additional information.

A diagnosis is not required to provide special education or related services. If the school district requires a comprehensive medical evaluation, they may request permission from the parent to have the child evaluated at the district’s expense (WAC 392-172A-03020).

Where to Begin to Obtain Supports

Families whose children experience autism may need services beyond school. Speech, Occupational Therapy, Applied Behavioral Analysis (ABA) therapies, and other services may be available through insurance if they are determined to be medically necessary. The state Health Care Authority provides information about ABA resources and how to seek approval from public insurance (Apple Health) for specific therapies. HCA also hosts a list of Contracted ABA providers in Washington State.

Diagnosing ASD can be difficult since it can appear differently from one person to another, and indicators change depending on the chronological and developmental age of the individual. Doctors look at the person’s behavior and development to make a diagnosis.  The diagnostic process usually takes a while, lasting years in some cases. In addition to working through insurance and health systems, you may encounter barriers when identifying providers who can diagnose within the age range of the individual.

Medical diagnoses in Washington are provided by Autism Centers of Excellence (COEs). An Autism COE may be a health care provider, medical practice, psychology practice, or multidisciplinary assessment team that has completed a certification training authorized by the state’s Health Care Authority (HCA). Physicians, nurse practitioners, and pediatric primary care naturopaths are eligible to apply for COE training and endorsement. The Developmental Disabilities Administration (DDA) accepts diagnoses from COEs as a component of DDA services eligibility, with the exception of naturopathic providers.

Locate screening and diagnostic services in your location at ParentHelp123. If insurance doesn’t cover the full cost of diagnosis, check with the diagnostician to identify sliding scale or other payment options.

PAVE provides support to families navigating various healthcare systems related to disability. Fill out a Helpline Request for direct support and click on the “Health and Wellness” link to be directed with individual support. 

 Building Community Connections

Connecting with other families to share and learn from experiences is invaluable, and there is a wealth of resources available to assist those seeking support and information in Washington State. These resources include various programs and organizations tailored to meet specific needs, with some services focusing on race, cultural identity, and language. By tapping into these resources, families and individuals can find not only support but also a sense of belonging within a community that understands their unique challenges and perspectives.

Parent to Parent (P2P) of Pierce County, a program of PAVE, partners with Pierce County Human Services and The Arc of Washington State to provide No Cost training and support. PAVE’s Pierce “Parent 2 Parent Support Groups” offers a nurturing space for caregivers to connect, share experiences, and find guidance. Support groups specific to a cultural and linguistic community (Spanish-speaking, and Black & African American families) will be supported by a PAVE facilitator that is a cultural/linguistic match for the families served.

Parent to Parent (P2P) programs across various counties provide free training and support, with support groups tailored to cultural and linguistic communities such as Spanish-speaking and Black & African American families. P2P of Yakima, Walla Walla, Chelan/Douglas, Benton/Franklin, Skagit, Snohomish, Whatcom, Grays Harbor/Pacific, Clark, Klickitat, Lewis, Skamania, and Grant counties provide Spanish-speaking support, events, and resources. P2P King County supports Spanish-speaking and African American families.

Informing Families provides navigational supports for all ages, including referral to culturally responsive programs and services, such as Vietnamese Family Autism Advisory Board (VFAAB), Odessa Brown Children’s Clinic (OBCC), and Families of Color Seattle (FOCS).

The South Sound Autism Partnership is a collaborative network dedicated to raising awareness, acceptance, and advocacy for autism. SSAP aims to support and enact positive change within the community through monthly online meetings. Recordings of guest speakers at previous meetings and meeting notes are available on the SSAP website.

Additional Resources

The downloadable Autism Guidebook for Washington State, published by a dedicated Autism Task Force in collaboration with the DOH and other agencies, offers a comprehensive resource for families, educators, medical professionals, and care providers. It features a detailed Autism Lifespan Resource Directory, diagnostic and special education eligibility criteria, and recommended intervention.

Another guidebook, the Pierce County Parent Coalition (PC2) Resource Guide, contains clickable and searchable links to services throughout the state.

The University of Washington Autism Center provides a manageable place to begin with a small collection of resource categories that include online tools, early recognition, organization, and neurodiversity. Within its online tools, UW maintains lists of organizations that provide advocacy, assessments, intervention services, and research/training.

Washington Autism Alliance (WAA) provides free support for families navigating insurance and medical systems and can help with DDA applications. WAA’s website requests families to join the agency by providing basic information before they navigate to request an intake. Note that while basic services are free from WAA, the agency may charge a fee based on a sliding scale if families request legal services from an attorney.

The Autistic Self Advocacy Network (ASAN) shares resources by autistic individuals with lived experience for people who have autism spectrum disorders, including a welcome kit for newly diagnosed individuals: Welcome to the Autistic Community!

The DOH website links to family supports and services for individuals of all ages, including links to Regional Genetic Clinics.