Procedural Safeguards: Student and Parent Rights in Special Education

Posted on October 16, 2024October 16, 2024 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:

At the initial referral for special education evaluation and at least once every year after.
Upon receipt of the first special education complaint or due process hearing request filed by a parent or guardian in a school year.
When a school decides to remove a student for more than 10 school days in a year through exclusionary discipline, and that removal constitutes a change in placement.
Any time a parent, guardian, or student aged 18 or older requests them.

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 September 19, 2024October 24, 2024 by Nicol Walsh

A Brief Overview:

The Individuals with Disabilities Education Act (IDEA) requires states to provide ways to resolve disagreements between parents and schools about a student’s Individualized Education Program (IEP).

IEP facilitation is a voluntary and informal process where a neutral facilitator helps parents and schools resolve special education concerns collaboratively. This service is provided at no cost by Sound Options Group.
Washington State Governor’s Office of the Education Ombuds (OEO) acts as a neutral guide to help parents and schools resolve disagreements about special education services, without providing legal advice or advocacy.
OSPI provides three formal special education dispute resolution processes: mediation, special education community complaint, and due process hearing.

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:

OSPI’s Dispute Resolution page
OSPI’s Students’ Rights Information Sheet: Discriminatory Harassment (available in multiple languages)
OSPI’s Students’ Rights Information Sheet: Section 504 (available in multiple languages)
PAVE’s Quick Start Your Advocacy in Two Steps (video)
TeamChild civil legal services provided to youth (King, Pierce, Spokane, and Yakima counties only)

What is a Medical Home?

Posted on September 19, 2024September 20, 2024 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:

Who is being valued and honored as the expert on the child or youth? Is it the family and the individual?

Is this team family and patient-centered?

Is there trust and respect that goes both ways?

Are Culture, race, language, and religion being honored?

Is an effort being made to understand not only the diagnosis but also its long-term impact on the patient and the family?

Are all an individual’s healthcare needs included in the care plan, including well-child and required immunizations?

Can you get help to find specialty care and community services when needed?

Do you feel supported in managing the care plan as a caregiver, family, or individual?

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 

Ages 3-5 Transition Toolkit

Posted on August 15, 2024August 15, 2024 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:

Pathways to Support: Where to Begin : Accessing services through the transition from an IFSP, or beginning with evaluation for an IEP
Differences Between Part B and Part C Services: A cheat sheet to the major differences in eligibility, delivery and maintenance of IFSPs and IEPs
What to Expect at the transition Conference Going from Part C to Part B: A guide to help you prepare for the transition planning process
If your Child has Met the Eligibility for an IEP Preparing for the IEP Meeting: Practical steps and information to help you prepare for discussions about your child’s strengths and challenges
Today Our Partnership Begins: A letter to introduce your child to Evaluators, educators, and service providers
What You Need to know About my Child : A one-pager sharing your child’s strengths, challenges, effective strategies, and red flags
Timeline of IEP Evaluation and Development: A worksheet to track your student’s progress from the point of referral for evaluation to the development of the IEP. Also found on PAVE’s article Evaluations Part 1: Where to Start When a Student Needs Special Help At School
Steps to Read, Develop , and Understand the IEP: A worksheet to help you understand the components of the IEP and what they mean for your child
Common Accommodations and Modifications in an IEP for 3-5 Year Olds: Understanding the difference between accommodations and modifications.
Preparing for Productive and Effective Conversations with Education and Service Providers: Our top three tips for effective communication and productive conversations
Educational Program Options for Children Ages 3–5 Years Old: Exploring inclusion preschool programs and alternatives
Communication Log : A tool for tracking your conversations with members of the IEP team
Who’s Who of the IEP Team: An easy to implement form for identifying members of the IEP team and organizing their contact information
How and Who to Tell When Your Child is Exceptional: A guide to enrollment in the Exceptional Family Member Program (EFMP) for dependent children of active – duty servicemembers – Found on PAVE’s article Exceptional Family Member Program (EFMP) Part 1: What Makes a Military Family Exceptional?
Your Child’s Application for Supplemental Security Income (SSI): A step-by-step guide to submitting an application for SSI on behalf of your child
Your Child’s Application for Developmental Disabilities Administration (DDA): A step-by-step guide to submitting an application for DDA on behalf of your child
Resources to Help You Be the Best for Your Child: Emotional and respite support programs designed for caregiving family members
Abbreviation Cheat Sheet and Glossary of Terms
Frequently Asked Questions

Early Learning Articles:

Where to Begin When A Student Needs Help

Posted on August 15, 2024September 19, 2024 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 August 15, 2024September 19, 2024 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:

Seven Factors Linked to Post-High School Success -Prepare for future challenges and opportunities by focusing on these identified factors from the 2012 National Longitudinal Transition Study
What’s Next? High School Transition Timeline – Follow this timeline to make each step count towards a bright and fulfilling future.
Key Questions for Self-Determination and Future Planning – A self-reflection tool to aid you in identifying your future goals.
Your Future, Your Life: Person Centered Planning – An overview of person-centered planning to build a system of support to help you identify and reach your goals for the future.
Transition Triangle: Accessing Vocational Rehabilitation Services – A visual overview of the systems responsible for coordinating employment-related training, services, and support.
Self-Advocate Tips for a Successful First Meeting with Vocational Rehabilitation Service Providers – Tips to help you make the most out of your first meeting with vocational Rehabilitation and guide you through the process.
Transitioning Rights and Accommodations: From IDEA to ADA and 504 – A comparison of your rights under IDEA and the transition of rights and protections afforded by the ADA and Section 504.
Including Health Considerations in the Transition Plan – Identify what you need to work on to manage your health independently.
Abbreviation Cheat Sheet and Special Education Terms
Glossary of Terms for Future Planning
Glossary of Terms Frequently Asked Questions

Articles to help Young Adults:

Special Education Blueprint: The Six Principles of IDEA

Posted on August 15, 2024August 15, 2024 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 July 17, 2024July 17, 2024 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:

Physical – Reaching for and grasping toys, crawling, walking and jumping
Cognitive – Watching activities, following simple directions, problem – solving
Social Emotional – Making needs known, initiating games, starting to take turns
Communication – Vocalizing, babbling, using two -to-three word phrases
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 June 28, 2024June 28, 2024 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:

Students and families can visit the Equity and Civil Rights Office’s Gender-Inclusive Schools webpage for additional information specific to LGBTQ+ students’ rights.
Safe School Laws
Center for Disease Control Resources for LGBQT Youth
Understanding Disability in the LGBQT+ Community
Kosciw, J. G., Clark, C. M., Menard, L. (2022). The 2021 National School Climate Survey: The experiences of lesbian, gay, bisexual, transgender, and queer youth in our nation’s schools. New York: GLSEN.

Resources for LGBTQ+ People Living with Disabilities:

Rainbow alliance of the deaf (rad)
Autistic Women & Nonbinary Network (AWN)
Rainbow groups “for self-advocates who are members of both the intellectual and developmental disability community as well as the LGBTQ+ community“
Resource Guide for “Starting a Rainbow Support Group”
Visit RespectAbility to read more about LGBTQ+ people with disabilities.

Autism Spectrum Disorder: Information and Resources for Families

Posted on May 7, 2024May 7, 2024 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.

What is Person Centered Planning?

Posted on April 26, 2024April 29, 2024 by Nicol Walsh

What it is?

Person-centered planning is all about making decisions that focus on you as a unique individual. It’s about listening to what you want and need, and then working together to make those things happen.

Woman who uses a wheelchair smiles while holding her phone.

Get Involved! Become a Person Centered Planner.

Training sessions are starting soon! Seize this chance to make a positive impact on other’s lives while pursuing your dreams!

Who we are looking for:

Individuals with disabilities who are inspired to lead and innovate.
Motivated persons interested in personal and community development.
Aspiring entrepreneurs looking to create a significant impact through their own business.

What Are the Benefits?

You’re in Charge: With person-centered planning, you get to take the lead in making choices about your life. It’s about giving you the power to decide what’s best for you.
Tailored Support: Instead of fitting you into a standard plan, person-centered planning creates a plan just for you. It’s like having a customized roadmap to help you reach your goals.
Looking at Everything: This approach looks at all parts of your life, not just one aspect. It helps make sure you get the support you need for everything that matters to you.
Feeling Good: When you’re in control and getting the support you need, it can make life more enjoyable and fulfilling. Person-centered planning helps you feel good about yourself and your future.
Working Together: It’s not just about you making decisions alone. Person-centered planning brings together everyone who cares about you to help support you on your journey.

What Makes it Special?

You’re the Focus: Person-centered planning is all about you. It respects your thoughts, feelings, and dreams, putting you at the center of everything.
It Adapts: Life changes, and so do your needs. Person-centered planning is flexible and can change and grow with you as you move forward.
Thinking Long-Term: It’s not just about today but your future, too. Person-centered planning helps you set goals for the long haul and supports you in reaching them.
Being a Part of Things: This approach encourages you to be involved in your community and pursue things that matter to you, like school, hobbies, and friendships.
Feeling Strong: Person-centered planning helps you become more confident and independent. It’s about empowering you to speak up for yourself and make choices that shape your life.

If you’re interested in learning more about person-centered planning:

For Teachers: If you’re a teacher and would like assistance from a PAVE staff member to help your students develop a plan, please contact us for pricing details.

For Parents: If you’re a parent who believes your child could benefit from a person-centered plan, inform your child’s teacher to contact us.

You can get in touch with us at: pcp@wapave.org

Healthcare in Transition

Posted on April 26, 2024May 20, 2024 by Nicol Walsh

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

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

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

Health Insurance and Providers

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

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

Program	Single person	2-person house-hold	3-person household	4-person household	5-person household	6-person household	7-person household
Apple Health for Adults, age 19 through 64 years of age	$1,677 monthly	$2,268 monthly	$2,859 monthly	$3,450 monthly	$4,042 monthly	$4,633 monthly	$5,224 monthly

Current income requirements for Apple Heath

To apply or renew for Apple Health, go to the Health Plan Finder website. Even if an individual is not eligible for fully subsidized healthcare, the Health Plan Finder can reveal some low-priced options.
For young adults on their parents’ private insurance, they will have coverage under their parent’s plan until they are 26, at which time they will need to apply for their own health insurance. The Health Plan Finder can help you find affordable options, including Apple Health.
For individuals under 65 who are receiving Medicare due to a disability, insurance should not change due to the transition to adulthood.

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

Taking on Responsibility for Health Care and Decisions

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

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

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

5 Tips for Success in Healthcare Transition

Download The Five Tips for Success in Healthcare Transition

Including Health Considerations in the Transition Plan

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

Download Including Health Considerations in the Transition Plan

Exploring Assistive Technology: Understanding, Access, and Resources for All Ages and Abilities

Posted on February 23, 2024February 23, 2024 by Nicol Walsh

Brief overview:

Access to assistive technology (AT) is protected by four federal laws.
The U.S. Department of Education has released guidance on the specific requirements about providing AT under the Individuals with Disabilities Education Act (IDEA). The guidance takes the form of detailed explanations for many misunderstood facts about using AT in schools and early intervention services. It is available online and in PDF form in English and Spanish.
AT can be very simple and low-cost, or it may be high-tech or large and expensive. Resources for deciding on AT devices and services and buying or getting low-cost or free TA are included in the article.

Full Article

You can also type “assistive technology” in the search bar at wapave.org to find other articles where assistive technology is mentioned.

What is assistive technology (AT)? Who uses it? Where is it used?
Assistive technology (AT) is any item, device, or piece of equipment used by people with disabilities to maintain or improve their ability to do things. AT allows people with disabilities to be more independent in education, at work, in recreation, and daily living activities. AT might be used by a person at any age—from infants to very elderly people.

AT includes the services necessary to get AT and use it, including assessment (testing), customizing it for an individual, repair, and training in how to use the AT. Training can include training the individual, family members, teachers and school staff or employers in how to use the AT.

Some examples of AT include:

High Tech: An electronic communication system for a person who cannot speak; head trackers that allow a person with no hand movement to enter data into a computer
Low Tech: A magnifying glass for a person with low vision; a communication board made of cardboard for a person who cannot speak
Big: An automated van lift for a wheelchair user
Small: A grip attached to a pen or fork for a person who has trouble with his fingers
Hardware: A keyboard-pointing device for a person who has trouble using her hands
Software: A screen reading program, such as JAWS, for a person who is blind or has other disabilities

You can find other examples of AT for people of all ages on this Fact Sheet from the Research and Training Center on Promoting Interventions for Community Living.

Select the AT that works best:

Informing Families, a website from the Developmental Disabilities Administration, suggests this tip: “Identify the task first. Device Second. There are a lot of options out there, and no one device is right for every individual. Make sure the device and/or apps are right for your son or daughter and try before you buy.”

AT3 Center, a national site for AT information, has links describing, finding and buying a wide variety of assistive technology, with text in English and Spanish.

Understood.org offers a series of articles about AT focused on learning in school, for difficulties in math, reading, writing, and more.

Who decides when AT is needed? Your child’s medical provider or team may suggest the AT and services that will help your child with their condition. If your child is eligible for an Individualized Education Program (IEP), an Individualized Family Services Plan (IFSP), or a 504 plan, access to AT is required by law. In that case, the team designing the plan or program will decide if AT is needed, and if so, what type of AT will be tried. Parents and students, as members of the team, share in the decision-making process. A process for trying out AT is described on Center for Parent Information and Resources, Considering Assistive Technology for Students with Disabilities.

Access to assistive technology (AT) is protected by four laws:

The AT Act of 2004 requires states to provide access to AT products and services that are designed to meet the needs of people with disabilities. The law created AT agencies in every state. State AT agencies help you find services and devices that are covered by insurance, sources for AT if you are uninsured, AT “loaner” programs to try a device or service, options to lease a device, and help you connect with your state’s Protection and Advocacy Program if you have trouble getting, using, or keeping an assistive service or device. Washington State’s AT agency, Washington Assistive Technology Act Program (WATAP), has a “library” of devices to loan for a small fee and offers demonstrations of how a device or program works.

The Individuals with Disabilities Education Act (IDEA) Part B protects the rights of pre-school through grade 12 students receiving special education to access and use AT as part of their Individualized Education Program (IEP) to ensure they get a Free Appropriate Public Education (FAPE). The IEP team must consider AT every time they develop, review, or revise a student’s IEP (U.S. Department of Education 2024). Parents may also request evaluation by an assistive technology specialist to determine whether their student would benefit from AT.

IDEA Part C includes AT devices and services as an early intervention service for infants and toddlers, called Early Support for Infants and Toddlers (ESIT) in Washington State. AT can be included in the child’s Individualized Family Service Plan (IFSP). When a toddler transitions from early intervention services to preschool, AT must be considered whether or not a child currently has AT services through an IFSP.

It’s important that a student’s use of AT is specified in their post-secondary Transition Plan. This will document how the student plans to use AT in post-secondary education and future employment and may be needed when asking for accommodations from programs, colleges and employers when IDEA and IEPs no longer apply.

Section 504 of the Rehabilitation Act of 1973, commonly called “Section 504, “is a federal law that protects students from discrimination based on disability.” This law applies to all programs and activities that receive funding from the federal government-including Washington public schools. Section 504 makes sure that students with disabilities have educational opportunities and benefits equal to those provided to students without disabilities. A student who has a physical or mental impairment that substantially limits one or more major life activities may be protected by Section 504. A Section 504 Plan provides accommodations, aids, and services that students with disabilities need to access and benefit from education. According to the Office of Superintendent of Public Instruction (OSPI), “Section 504 requires that public schools provide a ‘free appropriate public education’ (FAPE) to every student with a disability – regardless of the nature or severity of the disability.”

The Americans with Disabilities Act (ADA) includes the right to use assistive technology in public and government spaces, public schools and preschools, post-secondary education which receives federal funds (such as student loans) and in the workplace as a “reasonable accommodation”. You can find more information on specific ADA-related questions about AT at the Northwest ADA Center or the ADA website at the U.S. Department of Justice.

Guidance on assistive technology (AT) from the U.S. Department of Education

In January 2024, the U.S. Department of Education sent out a letter and guidance document on the Individuals with Disabilities Education Act (IDEA) requirements for assistive technology for children under Part C and Part B of IDEA.

The guidance document is available online and in a downloadable pdf in English and Spanish. It includes common “Myths and Facts” about AT. The document is designed to help parents, early intervention providers, educators, related service providers, school and district administrators, technology specialists and directors, and state agencies understand what IDEA requires.

For instance, there are examples of what IFSPs might include:

A functional AT evaluation to assess if an infant or toddler could benefit from AT devices and services;
AAC devices (e.g., pictures of activities or objects, or a handheld tablet) that help infants and toddlers express wants and needs;
Tactile books that can be felt and experienced for infants and toddlers with sensory issues;
Helmets, cushions, adapted seating, and standing aids to support infants and toddlers with reduced mobility; and
AT training services for parents to ensure that AT devices are used throughout the infant or toddler’s day.

For IEPs, some important facts from the guidance document are:

Each time an IEP Team develops, reviews, or revises a child’s IEP, the IEP Team must consider whether the child requires AT devices and services (in order to receive a free appropriate public education (FAPE).
If the child requires AT, the local educational agency (LEA) is responsible for providing and maintaining the AT and providing any necessary AT service. The IEP team can decide what type of AT will help the child get a meaningful educational benefit.
The IEP must include the AT to be provided in the statement on special education, related services, and supplementary aids and services.
A learner’s AT device should be used at home as well as at school, to ensure the child is provided with their required support.
AT devices and services should be considered for a child’s transition plan as they can create more opportunities for a child to be successful after high school. (Note: AT can be an accommodation used in post-secondary education and in a job).

If a student is already using AT devices or services that were owned or loaned to the family, such as a smartphone, theguidance includes information about how to write it into an IEP or an agreement between the parents and school district.

Paying for AT

Some types of AT may be essential for everyday living including being out in the community and activities of daily living like eating, personal hygiene, moving, or sleeping. When a child has an AT device or service to use through an IFSP, IEP, or 504 plan, the device or service belongs to the school or agency, even if it’s also used at home. All states have an AT program that can help a school select and try out an AT device. These programs are listed on the Center for Assistive Technology Act Data Assistance (CATADA) website. A child’s AT devices and services should be determined by the child’s needs and not the cost.

When a child graduates or transitions out of public school, they may need or want AT for future education or work. In these cases, families can look for sources of funding for the more expensive types of AT. Here are some additional programs that may pay for AT devices and services:

All five of Washington’s home and community-based service waiver programs available through the Developmental Disabilities Administration (DDA) provide access to AT for clients.
The Community First Choice Program at DDA offers funding for AT.
Northwest Access Fund offers low-cost AT loans.
Informing Families has a page with many grants for getting low-cost assistive technology for all types of disabilities. The list focuses on resources in Washington State. Private insurance and Medicaid may cover AT required for medical reasons.
Grants for AT for specific types of disability or special health need: check out the list at Informing Families, or reach out to organizations focused on different disabilities or health conditions.

AT for Military Families

Some programs specific to the United States Armed Forces may cover certain types of assistive technology as a benefit.It’s important for Active-Duty, National Guard, Veteran and Coast Guard families to know that they are eligible for assistive technology programs that also serve civilians, including those in Washington State.

If the dependent of an Active-Duty servicemember is eligible for TRICARE Extended Care Health Option (ECHO), assistive technology devices and services may be covered with some restrictions. The program has an annual cap for all benefits and cost-sharing, so the cost of the AT must be considered. The AT must be pre-authorized by a TRICARE provider and received from a TRICARE-licensed supplier. If there is a publicly funded way to get the assistive technology (school, Medicaid insurance, Medicaid Home and Community-Based Services Waiver, state AT agency loaner device, or any source of taxpayer-funded access to AT), the military family must first exhaust all possibilities of using those sources before ECHO will authorize the AT.

Some types of AT, such as Durable Medical Equipment, may be covered under a family’s basic TRICARE insurance plan.

The United States Coast Guard’s Special Needs Program may include some types of assistive technology as a benefit.

Additional Resources
Assistive Technology

Does my child qualify for Assistive Technology (AT) in school?

Movers, Shakers, and Troublemakers: How Technology Can Improve Mobility and Access for Children with Disabilities

Low tech tool ideas that can be used to increase Healthcare Independence

What Will Happen When We’re Gone? Planning for the Future for Your Child with Disabilities, Part 1: Ages Birth to 12

Posted on January 24, 2024January 26, 2024 by Nicol Walsh

Overview:

Planning for your child’s future will involve different tasks at different stages in your child’s life. This article covers what you will need from ages Birth to 12. Part 2 covers the years from age 13 through adulthood.
This article has information on:
- Legal and informative documents parents may want to create (wills, powers of attorney, letter of intent)
- Financial planning, including options which do not affect your child’s benefits.
- Supporting and protecting your minor child after your death or when you are unable to care for them.

Full Article

Thinking about the future when you will no longer be available to help your child because of death or a condition where you cannot participate in their care can be emotionally difficult. On top of that, this planning process is full of important decisions with significant impacts on your child’s future. To prevent being overwhelmed, it may help to review the entire article, and then tackle the tasks and steps needed to create a plan.

Legal Planning. You will need:

A will:If you die and either don’t have a will or don’t specify a guardian in your will, the courts will appoint someone, and it won’t necessarily be a family member. It could be a complete stranger. A will usually includes almost all your instructions for how you want your child to be cared for when you die.
A Letter of intent: It expresses your wishes for your child which are not included in the will. It has no legal standing, but acts as a guide for guardians, Power of Attorney agents, and trustees. It can be provided to your selected guardians and a copy can be saved with the lawyers who helped you set up your will and Powers of Attorney.
Powers of Attorney (POAs): Create agents, people who can legally act on behalf of your child for financial, health care and other life areas. They are selected by you, for after your death or when you are temporarily or permanently not capable of caring for your child. These agents do not have to be the same people you select as guardians. These are legal documents best prepared with the help of a lawyer and must be notarized.

Wills:

Who will be your minor child’s guardian? What will they need to know about your child?
How will your child be financially supported while a minor? It’s recommended that parents select someone different than the guardians to manage their child’s finances. Think about close friends as well as your parents or siblings. If your child is older, think about adults with whom your child has a bond. This can help if you want your child to continue in their current school, job, or neighborhood.
List each child individually when naming a guardian, and list all your minor children. Probate courts will not assume you want the same guardian for all your children unless you list them that way and might appoint a separate guardian for unlisted children!

For ex: “I/We name Harold and Maude Green as guardians for our minor children Georgia Brown, Michael Brown, and Theodore Brown”.

Important: Do not directly leave your child with disabilities any money or assets in your will. Instead, have that child’s share of their inheritance pass to a Special Needs Trust and/or ABLE Account (as described below). Note that in this situation, it’s good to have a lawyer draw up the will to make sure that the inheritance does not impact your child’s current or future benefits, such as Social Security programs or Medicaid.

Financial Planning

Government Benefits: For the present time, and for your child’s future

Supplemental Security Income (SSI) for your child at any age. The SSI program makes cash assistance payments to aged, blind, and disabled persons (including children) who have limited income and resources. Many states pay a supplemental benefit to persons in addition to their Federal benefits.

People who qualify for SSI may, in some states, qualify for Medicaid health insurance, which is either free or low-cost.

Social Security Disability Insurance (SSDI) program for disabled and blind persons. The amount of the benefit is based on your child’s contributions to Social Security OR based on the parents’ earnings. Your child must meet Social Security criteria for disability.

Social Security Administration provides a useful comparison chart on important differences between the two programs on their Red Book page.

Payments from either program are often not enough to pay for everything your child may need or want, and any money or assets in your child’s name may cause their Social Security benefits, Medicaid coverage, and other benefit programs (supported housing, SNAP /food stamps, etc.) to be cut back or eliminated.

Funding your child’s future directly

Special Needs Trusts and ABLE accounts are ways to provide for your child financially that do not reduce their government benefits. They differ in many ways, with their own pros and cons. You might wish to have both an SNT and an ABLE account based on your family’s circumstances.

An ABLE account is a tax-advantaged savings account that can fund disability expenses. Currently, the beneficiary of the account (the person with a disability) must have acquired the disability before age 26, and this age limit will increase to before age 46 on January 1, 2026. The beneficiary of the account owns the funds. Interest (income) earned by the funds will not be taxed. Anyone can contribute to the account (the individual with disabilities, their family members, friends, or a Special Needs Trust).

The funds in the ABLE account are generally NOT COUNTED as income or assets against an individual’s eligibility for SSI, Medicaid, and other programs with income and asset limits, such as federal student aid, HUD housing programs, and SNAP (food stamp) benefits.

Money from an ABLE account may be used for disability-related expenses to supplement benefits through private insurance, Medicaid, SSI, employment, and other resources. The ABLE National Resource Center gives specifics on ABLE accounts on their website.

Special Needs Trust (SNT): A trust is a legal “tool” for managing funds, and Special Needs Trusts are set up so that the beneficiary of the trust, in this case your child with disabilities, can have the funds used on their behalf. Money in the SNT is not counted against income limits for government benefit programs. You can arrange for the Special Needs Trust to be the beneficiary for life insurance policies and retirement plans. You can let friends and relatives know that they can give or leave money/assets to your child through the trust.

Government benefits will cover most of the basic needs while monies from the trust can pay for your child’s wants. Only a qualified attorney should set up the trust. If it is done incorrectly, your child’s benefits could be at risk.

There are several types of SNTs. The one most commonly set up by parents or guardians for a child is called a third-party special needs trust, which means that the funds in the trust are from someone other than the child. Military parents may designate Survivor Benefit Plan payments to an adult dependent child with disabilities, but only through a first party trust.

NOTE: Unlike ABLE accounts, which were set up according to federal law, there is no “official” source of information on Special Needs Trusts. Many elder and disability law practices will have information on their websites about SNTs. Additional information from disability organizations can be found at:

ARC of the United States: Type “Special Needs Trust” in the search bar to find a large number of articles on the topic, not only for individuals with developmental disabilities.

Military OneSource: Type “Special Needs Trust” into the search bar for military-specific information on SNTs.

It’s important to know that a professional should help you create the SNT. Consult with an attorney with expertise in elder and disability law. When naming trustees, it’s important to not only name yourselves, but to name backup (“secondary”) trustees to cover situations when you are not able to act as trustees. Setting up secondary trustees is separate from setting up agents using a Power of Attorney (POA). The authority of an agent under a POA may not be accepted by the financial or legal organization where the trust funds are held. You may choose to use the same individuals you selected for your financial POA, or different people.

Special Needs Alliance “is a national alliance of attorneys for special needs planning.” They have a directory of attorneys which currently lists two attorneys in Washington State who are members of that organization.

You can search for attorneys with SNT experience through the American Bar Association.

Legal work can be expensive! Here are some resources to seek out free or low-cost help and referrals:

WashingtonLawHelp.org: This website has articles on topics about future planning, such as wills, guardianship of children and adults, alternatives to guardianship, Powers of Attorney, and information for non-parents raising children along with many others
CLEAR intake hotline: “CLEAR is the statewide intake line for free and low-cost civil legal aid in Washington. Call 1 (888) 201-1014 or use the online intake form on the website. Seniors (people age 60 and over) can access intake by calling CLEAR*Sr at 1 (888) 387-7111. Veterans may dial 1 (855) 657-8387”.
ABA Home Front: If you are military, and you do not wish to use your Judge Attorney General (JAG) or they do not have experience with Special Needs Trusts or other future planning when your child has a disability, the American Bar Association has several programs, including free or low-cost options, to locate an attorney or program with a focus on military families. Veterans can get free legal answers on this website, too!

For information on future planning steps in your child’s teen years and through adulthood, see PAVE’s article: What Will Happen When We’re Gone? Planning for the Future for Your Child with Disabilities, Part 2: Age 13 through Adulthood

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

Posted on December 15, 2023July 3, 2024 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 the 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. 

Additional Resources:

Home for the Holidays: The Gift of Positive Behavior Support

Holiday Survival Tips for Families with Special Healthcare Needs