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

A Brief Overview

  • Discussion about school-based discipline was pretty quiet during the pandemic. The topic is resurfacing as schools begin to reopen for in-person instruction. Read on for information about student rights in Washington and what families need to know when behavior impedes learning and disability may be a factor.
  • Schools are required to provide education and support before resorting to discipline. This article includes resources and information to help families ensure that students receive best-practice services and that disciplinary actions are non-discriminatory.
  • If the school calls to send a child home due to behavior, parents can ask whether the student is being suspended. If the school is not taking formal disciplinary action, parents are not required to take a child home. If the action is a suspension, specific rules apply. Read on for more detail. PAVE also provides a video with information about what to do if the school wants to send a child home due to behavior.
  • Families can seek individualized assistance by clicking Get Help from PAVE’s website, wapave.org.
  • Read on for information about Procedural Safeguards, which are downloadable through the Office of Superintendent of Public Instruction (OSPI), Washington’s lead educational agency.

Full Article

Behavior is a form of communication, and children often try to express their needs and wants more through behavior than words. When a young person has a disability or has experienced trauma or other distress, adults and authorities may need to put in extra effort to understand. Missed cues and unmet needs can result in unexpected and sometimes explosive behaviors, which may lead schools to suspend or expel students. Best practice is to meet behavioral health needs and support students before disciplinary action is necessary.

Unfortunately, not all students are adequately supported. Before the COVID-19 pandemic, state data indicated that students with disabilities were disciplined at least 2.5 times more often than non-disabled peers (See WA State Report Card). For students with disabilities who are Black, Indigenous, or People of Color (BIPOC), the numbers are consistently higher.

Although no one can predict what will happen as schools reopen for in-person services, research clearly indicates that children’s behavioral health has worsened during the pandemic. Governor Jay Inslee on March 14, 2021, issued an emergency proclamation declaring children’s mental health to be in crisis.

The governor’s order requires schools to provide in-person learning options at least part of the week and directs the Health Care Authority and Department of Health to “immediately begin work on recommendations on how to support the behavioral health needs of our children and youth over the next 6 to 12 months and to address and triage the full spectrum of rising pediatric behavioral health needs.”

As schools reopen, the topic of how to support expected behavior and avoid disciplinary removal from the classroom is resurfacing. Read on for foundational information about student and family rights in Washington.

What is exclusionary discipline?

Any school disciplinary action that takes a student away from their regularly scheduled placement at school is called exclusionary discipline. Out-of-school suspensions, expulsions, and in-school suspensions count. Another element is isolation/restraint, which is an emergency response to imminent danger and not disciplinary. See below for more detail.

Families can empower themselves to advocate for their students by learning the federal framework for school-based services. Students who receive accommodations and supports through a Section 504 Plan have anti-discrimination protections from the Rehabilitation Act of 1973. Students with an Individualized Education Program (IEP) have Section 504 protections and specific rights and protections from the Individuals with Disabilities Education Act (IDEA).

Exclusionary discipline may violate FAPE

A student with an identified disability may be suspended for a behavioral violation that is outlined in district policy. State guidance is for schools to suspend students only if there are significant safety concerns. Schools are limited in their ability to exclude students from school because of behaviors that “manifest” (arise or express) from disability.

Students with identified disabilities supported through either an IEP or a 504 Plan are afforded access to a Free Appropriate Public Education (FAPE). Disciplinary actions that deny access to FAPE may be discriminatory. In other words, if a student with disabilities has unmet needs and is consistently sent home instead of helped, the school may be held accountable.

Read on for information about Procedural Safeguards, which are downloadable through the Office of Superintendent of Public Instruction (OSPI), Washington’s lead educational agency.

Unexpected behavior may indicate a disability and need for services

School districts have a duty to evaluate students to determine eligibility for special education if they have learning challenges or exhibit behavior that may indicate a disability. Under IDEA, this responsibility is called Child Find.

The Office for Civil Rights within the U.S. Department of Education in December 2016 issued a two-page Fact Sheet that includes this statement: “A student’s behavioral challenges, such as those that lead to an emergency situation in which a school believes restraint or seclusion is a justified response could be a sign that the student actually has a disability and needs special education or related aids and services in order to receive FAPE.”

Manifestation Determination

To avoid FAPE violations, schools are required to document missed educational time and meet with family to review the student’s circumstances if the time a student has been suspended or otherwise removed from their academic placement for discipline adds up to 10 days. That meeting is called a Manifestation Determination. Manifestation Determination is a distinct process for students with known or suspected disabilities and is separate from general education disciplinary hearings or procedures.

Under Section 504, schools are bound to consider disability-related factors through Manifestation Determination if the disciplinary removal is for more than 10 consecutive school days or when the child is sub­jected to a series of removals that constitute a pattern. OSPI provides a guidance form for Section 504 circumstances.

For a student with an IEP, removal from regularly scheduled classes for more than 10 days per school year constitutes a “change of placement” and a Manifestation Determination meeting is held to determine whether the disciplinary removals resulted from the school’s failure to implement the IEP. OSPI provides a guidance form for IEP circumstances.

During a Manifestation Determination meeting, a student’s circumstances and services are reviewed. An IEP can be amended to provide additional support. For students not yet identified for special education services, this meeting can initiate or expedite an evaluation if the school district knew or should have known that the student needed special education services. 

Family members are included in this process. According to WAC 392-172A-05146, “If the school district, the parent, and relevant members of the student’s IEP team determine the conduct was a manifestation of the student’s disability, the school district must take immediate steps to remedy those deficiencies.”

If the conduct is determined to be unrelated to disability, then school personnel may use general education discipline procedures. The school must still provide any special education services that the student has already been found to need. The IEP team decides the appropriate alternative setting and special education services to meet the student’s needs while suspended.

Note: With the exception of a firearm violation under federal law, school districts are not required to suspend or expel students for any behavioral violation. State law explicitly encourages school districts to consider alternative actions before administering suspension or expulsion. If a student’s conduct involves weapons, illegal drugs, or serious bodily injury, a student may be removed for up to 45 school days regardless of whether the student’s behavior was a manifestation of disability. However, a manifestation determination meeting still is required within the first 10 days of removal from school and educational services are provided.

Schools are required to support behavior and work with families

Schools are required to provide education and support before resorting to discipline for children who struggle with behavior because of their impairments. Under the IDEA, when behavior impedes the child’s learning or that of others, the IEP Team is required to consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior. When necessary (for FAPE), the team must include those supports in the IEP.

These requirements are described in a federal Dear Colleague letter from August 1, 2016: “We are issuing this guidance to clarify that the failure to consider and provide for needed behavioral supports through the IEP process is likely to result in a child not receiving a meaningful educational benefit or FAPE.”

The letter, provided by the U.S. Department of Education, recommends specific alternatives to disciplinary removal and includes detail about the rights of families when there are behavioral concerns: “In general, IEP Team meetings provide parents (who are required members of the team) critical opportunities to participate in the decision-making process, raise questions and concerns regarding their child’s behavior, and provide input on the types of behavioral supports their children may need.”

When a student is suspended, the school is required to submit a report to the family and the state. That report must include an explanation of how school staff attempted to de-escalate a situation before resorting to disciplinary removal. OSPI provides information for schools and families related to state guidance and requirements. A one-page introductory handout for parents is a place to begin.

As a local control state, individual school districts determine their specific policies related to disciplinary criteria and actions. According to OSPI, school districts are required to engage with community members and families when updating their discipline policies, which must align with state and federal regulations.

In general, Washington rules:

  • Encourage schools to minimize the use of suspensions and expulsions and focus instead on evidence-based, best-practice educational strategies
  • Prohibit schools from excluding students due to absences or tardiness
  • Limit use of exclusionary discipline for behaviors that do not present a safety threat
  • Prohibit expulsion for students in kindergarten through grade four (children in that age range cannot be excluded from their classroom placements/suspended for more than 10 cumulative days per academic term)
  • Require schools to provide educational access while a student is suspended or expelled

Schools must provide educational services during a suspension

State law requires that all suspended and expelled students have an opportunity to receive educational services (RCW 28A.600.015). According to the Washington Administrative Codes (WAC 392-400-610) educational services provided in an alternative setting must enable the student to:

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

The American Civil Liberties Union of Washington provides a free, downloadable Parents’ Guide to Public School Discipline in Washington. Part III includes information about laws and procedures that are specific to students in special education. The ACLU guidebook encourages parents to gather as much information as possible when a student is disciplined:

“It is important to fully understand the type of proposed discipline, the underlying behavior, how the behavior relates to the student’s disability, and what additional supports may be available in order to fully advocate for your student.”

Schools can assess the behavior (FBA) to make a plan (BIP)

Regardless of whether the student has qualified for services, best practice is for the school to conduct a Functional Behavioral Assessment (FBA) following a significant disciplinary action. An FBA can be done for students with or without IEPs or Section 504 Plans.

The FBA is used to develop a Behavior Intervention Plan (BIP), which helps a child learn expected behaviors and prevent escalations. The BIP identifies target behaviors that disrupt learning and calls out “antecedents,” conditions or events that occur first—before the targeted behavior. A BIP supports “replacement” behavior so a student can develop skills for expected learning behaviors.  

In addition to a BIP, a student receiving special education services whose behavior impedes their learning may need Specially Designed Instruction (SDI) to support skill-development in an area of education called Social Emotional Learning (SEL). If targeted SEL instruction is needed, the student will have specific IEP goals to support the learning.

Another way that an IEP can support students with behavioral disabilities is through related services. Counseling can be written into an IEP as a related service. When included in a student’s IEP as educationally necessary for FAPE, a school district is responsible to provide and fund those services. School districts can receive reimbursement for 70 percent of the cost of behavioral health services for students who are covered by Medicaid and on an IEP.

All students access behavioral supports when schools use Multi-Tiered Systems of Support (MTSS). Families can ask school staff to describe their MTSS structure and how students receive support through Tier 1 (all students), Tier 2 (targeted groups), and Tier 3 (individualized support). An element of MTSS is Positive Behavioral Interventions and Supports (PBIS), which also supports students across levels of need.

PAVE provides an article with more information about MTSS/PBIS and how to support expected behaviors at school.

Do you need to pick up your student if the school calls?

In its guidance booklet, ACLU addresses the question, “Do you need to pick up your student every time the school calls?” A parent can ask whether the student is being suspended.  “If your student has not been officially suspended,” ACLU advises, “The school cannot force you to pick up the student.

“If you choose to pick up your student when he or she has not been suspended, the school may not record the removal from class and may not trigger additional protections (such as Manifestation Determination Hearings) that apply when students with disabilities are removed from school for 10 days or more.”

The ACLU guidebook includes a list of supports parents can ask for: “The law requires behavior supports to be based on evidence, and so you can ask for additional expert evaluation to determine whether the behavior supports offered to your student are appropriate.”

PAVE provides additional information about what to do if the school calls in a video.

Guidance related to isolation and restraint

The state has specific rules related to the use of isolation and restraint, which are implemented only when a student’s behavior poses an imminent likelihood of serious bodily harm and are discontinued when the likelihood of serious harm has passed. Isolation and restraint are not used as a form of standard discipline or aversive intervention.

The Washington State Governor’s Office of the Education Ombuds (OEO) offers an online resource page that details state guidance related to isolation and restraint. Included is this statement:

“Schools in Washington State are not allowed to use restraint or isolation as a form of discipline or punishment, or as a way to try to correct a child’s behavior. Restraint and isolation are only allowed as emergency measures, to be used if necessary, to keep a student or others safe from serious harm. They can continue only as long as the emergency continues.”

School districts are required to collect and report data on the use of restraint and isolation. That data is posted on OSPI’s website as part of the School Safety Resource Library. 

Emergency Response Protocol (ERP)

If emergency responses and/or severe disciplinary actions become frequent, schools might ask the parent/guardian to sign an Emergency Response Protocol (ERP) for an individual student. Families are not required to sign this.

The ERP explains what the school’s policies are related to isolation and restraint and what the training requirements are for staff authorized to conduct isolation and restraint. Parents can request a copy of the district’s general education policies on this topic. The ERP can include a statement about how parents are contacted if the school uses isolation or restraint.

Reporting requirements

Schools are required to provide a report to the parent/guardian and to the state any time formal disciplinary or emergency actions are taken. Following are statements from the Revised Code of Washington (RCW 28A.600.485):

“Any school employee, resource officer, or school security officer who uses isolation or restraint on a student during school-sponsored instruction or activities must inform the building administrator or building administrator’s designee as soon as possible, and within two business days submit a written report of the incident to the district office. The written report must include, at a minimum, the following information:

  • The date and time of the incident
  • The name and job title of the individual who administered the restraint or isolation
  • A description of the activity that led to the restraint or isolation
  • The type of restraint or isolation used on the student, including the duration
  • Whether the student or staff was physically injured during the restraint or isolation incident and any medical care provided
  • Any recommendations for changing the nature or amount of resources available to the student and staff members in order to avoid similar incidents”

The RCW also states that school staff “must make a reasonable effort to verbally inform the student’s parent or guardian within 24 hours of the incident and must send written notification as soon as practical but postmarked no later than five business days after the restraint or isolation occurred. If the school or school district customarily provides the parent or guardian with school-related information in a language other than English, the written report under this section must be provided to the parent or guardian in that language.”

Equity work in student discipline is ongoing

A graph that shows disparity in discipline is provided on OSPI’s website, which includes training and materials for schools to support improvements. “Like other states, Washington has experienced significant and persistent disparities in the discipline of students based upon race/ethnicity, disability status, language, sex and other factors,” OSPI’s website states. “While overall rates of exclusionary discipline (suspension and expulsion) have declined over the last decade, significant disparities persist. These trends warrant serious attention from school districts, as well as OSPI, to work toward equitable opportunities and outcomes for each and every student.”

Mental Health Education and Support at School can be Critical

A Brief Overview

  • Alarming statistics indicate the pandemic has worsened behavioral health outcomes for young people. Governor Jay Inslee on March 14, 2021, issued an emergency proclamation declaring children’s mental health to be in crisis.
  • Students eligible for special education services through the federal category of Emotional Disturbance are more than twice as likely as other disabled peers to quit school before graduating.
  • These outcomes make adolescence a critical time for mental health promotion, early identification and intervention. Read on for further information and resources.
  • Seattle Children’s Hospital has a referral helpline. Families can call 833-303-5437, Monday-Friday, 8-5, to connect with a referral specialist. The service is free for families statewide.
  • Help is available 24/7 from the Suicide Prevention Lifeline: 1-800-273-TALK.
  • Text HEAL to 741741 to reach a trained Crisis Text Line counselor.
  • For youth who need support related to LGBTQ issues, the Trevor Projectprovides targeted resources and a helpline: 866-488-7386.
  • A place to connect with other families is a Facebook group called Youth Behavioral Healthcare Advocates (YBHA-WA).

Full Article

Alarming statistics indicate the COVID-19 pandemic has worsened circumstances for young people who were already struggling to maintain mental health. Washington’s most recent Healthy Youth Survey, from 2018, revealed that 10 percent of high-school students had attempted suicide within the year. Governor Jay Inslee on March 14, 2021, issued an emergency proclamation declaring children’s mental health to be in crisis.

The governor’s order requires schools to provide in-person learning options and directs the Health Care Authority and Department of Health to “immediately begin work on recommendations on how to support the behavioral health needs of our children and youth over the next 6 to 12 months and to address and triage the full spectrum of rising pediatric behavioral health needs.”

The Children and Youth Behavioral Health Work Group (CYBHWG) was created in 2016 by the Legislature (HB 2439) to promote system improvement. CYBHWG supports several advisory groups, including one for Student Behavioral Health and Suicide Prevention. The work groups include representatives from the Legislature, state agencies, health care providers, tribal governments, community health services, and other organizations, as well as parents of children and youth who have received services. Meetings include opportunities for public comment. Meeting schedules and reports are posted on the Health Care Authority (HCA) website.

A press for more school-based services

Advocacy for more school-based mental health services comes from the University of Washington’s SMART Center. SMART stands for School Mental Health Assessment Research and Training. The SMART center in 2020 provided the legislative work group with a report: The Case for School Mental Health. The document includes state and national data that strongly indicate school-based behavioral health services are effective:

“Increased access to mental health services and supports in schools is vital to improving the physical and psychological safety of our students and schools, as well as academic performance and problem-solving skills. Availability of comprehensive school mental health promotes a school culture in which students feel safe to report safety concerns, which is proven to be among the most effective school safety strategies.”

The statewide Student Behavioral Health and Suicide Prevention advisory group has recommended widespread implementation of Multi-Tiered Systems of Support (MTSS). Through MTSS, schools support well-being for all students through school-wide programming and offer higher levels of support based on student need. Social Emotional Learning (SEL) is a key component of an MTSS framework, which also creates a structure for providing Positive Behavioral Interventions and Supports (PBIS) at various levels of need.

The Office of Superintendent of Public Instruction, the guidance agency for Washington schools, prioritized 2021 budget requests to Empower all Schools to Support the Whole Child, including through MTSS. In January, 2021, OSPI was awarded a five-year, $5.3 million grant from the U.S. Department of Education to build regional coaching capacity to support districts in their MTSS implementation. As a local control state, Washington districts determine their own specific policies and procedures.

TIP: Families can ask school and district staff to describe their MTSS framework and how students are receiving support through the various levels/tiers.

Special Education is one pathway for more help

Students may access mental health support through the special education system. Emotional Disturbance is a federal category of disability under the Individuals with Disabilities Education Act (IDEA). Appropriate support can be especially critical for these students: According to the U.S. Office of Special Education Programs (OSEP), students eligible for school-based services under the ED category are twice as likely to drop out of high school before graduating.

Note that a student with a mental health condition could qualify for an IEP under the category of Other Health Impairment (OHI), which captures needs related to various medical diagnoses.

In Washington State, the ED category is referred to as Emotional Behavioral Disability (EBD). If the student’s behavioral health is impaired to a degree that the student is struggling to access school, and the student needs specially designed interventions, then the student may be eligible for an Individualized Education Program (IEP). Keep in mind that academic subjects are only a part of learning in school: Social Emotional Learning (SEL) is part of the core curriculum. 

An educational evaluation determines whether a student has a disability that significantly impacts access to school and whether specially designed instruction and/or related services are needed for the student to receive a Free Appropriate Public Education (FAPE). FAPE is the entitlement of a student eligible for special education services and an IEP team determines how FAPE/educational services are provided to an individual student.

Behavioral health counseling can be part of an IEP

Counseling can be written into an IEP as a related service. When included in a student’s IEP as educationally necessary for FAPE, a school district is responsible to provide and fund those services. School districts can receive reimbursement for 70 percent of the cost of behavioral health services for students who are covered by Medicaid and on an IEP.

A student with a mental health condition who doesn’t qualify for an IEP might be eligible for a Section 504 Plan. A disability that impairs a major life activity triggers Section 504 protections, which include the right to appropriate and individualized accommodations at school. Section 504 is an aspect of the Rehabilitation Act of 1973, a Civil Rights law that protects against disability discrimination. Students with IEPs and 504 plans are protected by Section 504 rights.

Behavioral Health encompasses a wide range of disability conditions, including those related to substance use disorder, that impact a person’s ability to manage behavior. Sometimes students with behavioral health disabilities bump into disciplinary issues at school. Students with identified disabilities have protections in the disciplinary process: PAVE provides a detailed article about student and family rights related to school discipline.

Placement options for students who struggle with behavior

IEP teams determine the program and placement for a student. In accordance with federal law (IDEA), students have a right to FAPE in the Least Restrictive Environment (LRE) to the maximum extent appropriate. That means educational services and supports are designed to help students access their general education classroom first. If they are unable to make meaningful progress there because of their individual circumstances and disability condition, then the IEP team considers more restrictive placement options. See PAVE’s article: Special Education is a Service, Not a Place.

Sometimes the IEP team, which includes family, will determine that in order to receive FAPE a student needs to be placed in a Day Treatment or Residential school. OSPI maintains a list of Non-Public Agencies that districts might pay to support the educational needs of a student.

A precedent-setting court ruling in 2017 was Edmonds v. A.T. The parents of a student with behavioral disabilities filed due process against the Edmonds School District for reimbursement of residential education. The administrative law judge ruled that the district must pay for the residential services because “students cannot be separated from their disabilities.”

Strategies and safety measures for families

With the release of the Healthy Youth Survey in Spring, 2019, the state issued a two-page Guide to Mental Health Information and Resources to provide more detail about the survey and to direct families and school staff toward resources for support.

Included is a list of factors that help youth remain resilient to mental health challenges:

  • Support and encouragement from parents/guardians and other family members, friends, school professionals, and other caring adults
  • Feeling that there are people who believe in them, care about them, and whom they can talk to about important matters
  • Safe communities and learning environments
  • Self-esteem, a sense of control and responsibility, and problem-solving and coping skills
  • Having an outlet for self-expression and participation in various activities

The handout includes tips for parents and other adults supporting teens who feel anxious or depressed:

  • Bond with them: Unconditional love includes clear statements that you value them, and your actions show you want to stay involved in their lives.
  • Talk with teens about their feelings and show you care. Listen to their point of view. Suicidal thinking often comes from a wish to end psychological pain.
  • Help teens learn effective coping strategies and resiliency skills to deal with stress, expectations of others, relationship problems, and challenging life events.
  • Have an evening as a family where everyone creates their own mental health safety plan.
  • Learn about warning signs and where to get help
  • Ask: “Are you thinking about suicide?” Don’t be afraid that talking about it will give them the idea. If you’ve observed any warning signs, chances are they’re already thinking about it.
  • If you own a firearm, keep it secured where a teen could not access it. Lock up medications they shouldn’t have access to.

State options for behavioral health services and support

For Washington children and youth with Medicaid insurance, the highest level of community-based care in behavioral health is provided through Wraparound with Intensive Services (WISe). The WISe program was begun as part of the settlement of a class-action lawsuit, TR v Dreyfus, in which a federal court found that Washington wasn’t providing adequate mental-health services to youth. WISe teams provide a wide range of therapies and supports with a goal to keep the young person out of the hospital.

Young people under 18 who need residential care to meet medical needs may be referred to the Children’s Long-Term Inpatient program: PAVE’s website provides an article about CLIP.

If a person ages 15-40 is newly experiencing psychosis, Washington offers a wraparound-style program called New Journeys. This website link includes access to a referral form.

The Family, Youth and System Partner Round Table (FYSPRT) provides a meeting space for family members and professionals to talk about what’s working and what isn’t working in mental healthcare. FYSPRT groups provide informal networking and can provide ways for families to meet up and support one another under challenging circumstances.

Federal parity laws require insurers to provide coverage for behavioral health services that are equitable to coverage for physical health conditions. The National Health Law Program (NHLP) provides information and advocacy related to behavioral healthcare access and offers handouts to help families know what to expect from their insurance coverage and what to do if they suspect a parity law violation:

Family Initiated Treatment (FIT) is an option in Washington

Youth older than 13 have the right to consent or not consent to any medical treatment in Washington State. Parents and lawmakers throughout 2018-2019 engaged in conversations about how that creates barriers to care for some teens struggling with behavioral health conditions. The Adolescent Behavioral Health Care Access Act (HB 1874), became law in May 2019. PAVE provides an article about the law and its provision for Family Initiated Treatment.  

Places to seek referrals and information

Seattle Children’s Hospital in 2019 launched a referral helpline. Families can call 833-303-5437, Monday-Friday, 8-5, to connect with a referral specialist. The service is for families statewide. In addition to helping to connect families with services, the hospital is gathering data to identify gaps in care.

PAVE’s Family-to-Family Health Information Center provides technical assistance to families navigating health systems related to disability. Click Get Help at wapave.org or call 800-572-7368 for individualized assistance. Family Voices of Washington provides further information and resources.

Key Resources

For information, help during a crisis, emotional support, and referrals:  

  • Suicide Prevention Lifeline (1-800-273-TALK)
  • Text “HEAL” to 741741 to reach a trained Crisis Text Line counselor
  • Trevor Project Lifeline (LGBTQ) (1-866-488-7386)
  • The Washington Recovery Help Line (1-866-789-1511)
  • TeenLink (1-866-833-6546; 6pm-10pm PST)

Further information on mental health and suicide:  

Home for the Holidays: The Gift of Positive Behavior Support

A Brief Overview

  • This article provides examples and simple guidance about how to be more strategic in parenting a child who struggles with behavior—during the weird winter of 2020 and beyond.
  • PAVE consulted with University of Washington positive behavior support expert Kelcey Schmitz for this article.
  • Anticipating trouble and making a best guess about the behavior’s “purpose” is a great place to start.
  • Listen and look for opportunities to praise expected behavior. It’s easy to forget to pay attention when things are going well, but keeping the peace is easier if praise is consistent while children are behaving as expected.
  • Read on to gift the family with a plan for improving holiday happiness.

Full Article

Holidays can be challenging for families impacted by disability, trauma, grief, economic struggles, and other stressors. Holiday season 2020 has its own flavors of confusion. Families with children who struggle with behavior may want to head into the winter with plans in place. Anticipating where trouble could bubble up and developing a strategy for working it out provides all family members with opportunities for social-emotional growth, mindfulness, and rich moments.

PAVE consulted with a University of Washington (UW) expert in positive behavior supports to provide insight and information for this article. Kelcey Schmitz is the school mental health lead for the Northwest Mental Health Technology Transfer Center, housed at the UW School Mental Health Research and Training (SMART) Center. An area of expertise for Schmitz is Multi-Tiered Systems of Support (MTSS), a framework for schools to support children’s academic, social, emotional, and behavioral strengths and needs at multiple levels. An MTSS framework makes room for Positive Behavioral Interventions and Supports (PBIS). When done well, PBIS teaches and reinforces positive social skills, communication strategies and “restorative justice” (working it out instead of punishing).

“This holiday season may present additional challenges given the pandemic,” Schmitz says. “Families, like educators, need to go back to the basics during times of stress and uncertainty. Remembering core features of PBIS at home, such as predictability, consistency, safety, and positive interactions are going to be key. In fact, lessons learned during stay-at-home orders during the pandemic can and will carry us through the holidays and beyond. Never before have routines, regulation, relationships, and reinforcement been more important for everyone in the family than they will be this winter.”

Schmitz has provided articles and content to support PAVE families over the years and offers the following tips for navigating the holidays by using PBIS strategies at home.

Make a list and check it twice to know what troubling behaviors are about

Whatever the holidays mean and include, family routines can shift. Food can look and taste different. The house may be decorated in a different way. School takes breaks. Weather changes, and sunrise and sunset are closer together.

Children may struggle with changes in routines, different food items on the menu, overstimulating environments, long periods of unstructured activities, or sensory issues that make long pants, socks, gloves, coats, and hats feel like shards of glass.

Keep in mind that all behaviors serve a purpose; they are a way for the child to solve a problem. Without appropriate social skills, children will do what is necessary to have their needs met in the quickest way possible. However, adults who can predict problem behaviors may also be able to prevent them.

TIP: Anticipate trouble and make a best guess about the motivation

Set your child (and family) up for holiday success by thinking ahead about the types of routines and situations that might be challenging. Craft a plan to intervene early, before a full-blown escalation.

Create a best guess statement to better understand the relationship between an unwanted behavior and the child’s environment. Summarize what usually happens by describing:

  • The behavior (tantrum, hitting, refusal)
  • Circumstances that set the stage (what’s going on right before the behavior?)
  • What happens after the behavior (time out, angry adults, something removed or given)
  • A best guess about the child’s motivation/the “purpose” of the behavior (to get something or get out of something)

Here is an example:

At Grandma’s holiday gathering, an adult encourages a child to try a food, demands a “please” or “thank you,” or scolds the child. Note if the child is tired, hungry, or uncomfortable in an unusual or unpredictable situation. These are the circumstances that set the stage.

The child cries and yells loud enough to be heard in another room (description of the behavior).

During the child’s outbursts, others leave her alone (what happens after the behavior).

Best guess about the purpose? The child may want to avoid unpleasant people, food, or situations.

Making a good guess about what causes and maintains the behavior (crowded or overstimulating environment, being rushed, being told they can’t have or do something they want, different expectations, demands, exhaustion, hunger) can support a plan and potentially avoid worst-case scenarios.

Determining the purpose or function of a behavior may require a closer look at what typically happens (what others say or do) after the behavior occurs. The behavior may be inappropriate, but the reason for it usually is not.  Most of the time there is a logical explanation. Here are some questions to help think it through:

  • Does the child get something–or get out of something?
  • Does the child generally seek or avoid something, such as:
    • Attention (from adults or peers)?
    • Activity?
    • Tangibles (toys/other objects)?
    • Sensory stimulation?

Make a list and check it twice: Prevention is key

Many behaviors can be prevented using simple proactive strategies. Adults can use their best-guess statement to build a customized strategy. Here are some starter ideas that might help prevent or reduce the intensity, frequency, or duration of unwanted behaviors:

  • Make sure the child is well rested and has eaten before going out.
  • Bring food that is familiar and appealing.
  • Anticipate challenges, and plan accordingly.
  • Pre-teach family expectations (respectful, responsible, safe) and talk about how those expectations work at grandma’s house: “When someone gives you a present, say thank you and smile at the person who gave you the gift.” For information about developing family expectations, see PAVE’s article, Tips to Help Parents Reinforce Positive Behaviors at Home.
  • Encourage the child to bring a comfort item (toy, book, blanket).
  • Give more “start” messages than “stop” messages.
  • Teach a signal the child can use to request a break.
  • Create a social story about family gatherings; review it regularly.
  • Rehearse! Practice/pretend having a meal at Grandma’s house, opening gifts, playing with cousins, and other likely scenarios.
  • Arrive early to get comfortable before the house gets crowded.
  • Create a visual schedule of events, and let the child keep track of what’s happening or cross off activities as they happen.

Respond quick as a wink: Reward replacement behavior

An essential prevention strategy is teaching what to do instead of the unwanted behavior. “What to do instead” is called replacement behavior. To be effective, the replacement behavior needs to get results just as quickly and effectively as the problem behavior.

For example, if a child learns a signal for taking a break, adults need to respond to the signal just as fast as they would if the child starts to scream and cry.

Responding quickly will strengthen the replacement behavior and help make sure that the unwanted behavior is no longer useful.

Here are steps to help teach replacement behaviors:

  1. Demonstrate/model the wanted behavior
  2. Provide many opportunities for practice
  3. Let the child know they got it right (as you would if they learned a skill like riding a bike, writing their name, or saying their colors)

Praise a silent night

Inspect what you expect. Listen and look for opportunities to praise expected behavior. It’s easy to forget to pay attention when things are going well, but keeping the peace is easier if praise is consistent while children are behaving as expected.

Evidence indicates that children’s behavior improves best with a 5:1 ratio of positive-to-negative feedback. Increasing positive remarks during difficult times—such as holidays and pandemics—might reduce escalations.

Provide frequent, genuine, and specific praise, with details that help encourage the specific behavior being noticed. For example, say, “You did a nice job sharing that toy truck with your cousin!”

All is calm: Intervene at the first sign of trouble

Be ready to prompt appropriate behavior, redirect, or offer a calming activity when there are early signs of agitation or frustration.

  • Provide early, clear instructions about “what to do instead,” using language and modeling consistent with what was pre-taught and practiced (see above).
  • For example, if a child is getting frustrated, say, “Remember, you can give me the peace signal if you need a break.”
  • Redirect the child to another activity or topic when appropriate and practical.
  • Hand the child a comfort item (stuffed animal, blanket).
  • Show empathy and listen actively: “It seems like you’re having some big feelings right now. Want to talk about it?” After listening, maybe say, “Wow, that’s a lot to feel.”

Do you hear what I hear? Heed alarm bells when plans need to shift

Not all challenging behaviors can be prevented, and adults may overestimate a child’s ability to control emotions. A child experiencing significant distress may be unable to process what is going on around them and follow what may seem like simple instructions.

If an adult’s best efforts are unable to prevent or diffuse a behavior escalation, a graceful exit may be the best strategy. It’s important for adults to remember that a child’s crisis isn’t their crisis. An adult’s ability to remain level-headed is critical, and children may ultimately learn from the behavior they see modeled.

Wait for a child to calm down before addressing the issue: An overwhelmed brain is not able to problem solve or learn. Later, everyone can review what worked or did not work in order to adjust the strategy for next time.

Believe: Be a beacon for hope

Support a child to learn, practice, and perform behaviors that enable fun, rich family experiences. The work may feel challenging—and the scale of the project may be impacted by a unique set of tough circumstances—but expecting and accepting the challenge enables the whole family to move toward new opportunities. Trust that the work will pay off—and relish the moments of success, however large or small. Believe that consistency and predictability can make a big impact this holiday season and beyond.

Here are a few points to review:

  • What might seem fun and relaxing to adults, could be overwhelming and upsetting to children.
  • Children are more likely to exhibit the behavior that will most quickly get their needs met, regardless of the social appropriateness.
  • Acting out is typically a symptom of an underlying issue – it’s important to examine the root of the problem for long-term positive results.
  • Prevention strategies and intervening early can be very effective, but they are often underutilized. Plan ahead to eliminate, modify, or neutralize what might set off behavior.
  • Support wanted behaviors by teaching them, practicing them, modeling them, and making them consistent sources for praise and encouragement.

Resources:

COVID-19 Handbook and Family Binder (multiple language options) from the Autism Intervention Research Network on Behavioral Health (airbnetwork.org)

The Comprehensive, Integrated Three-Tiered Model of Prevention (ci3t.org) provides videos and other COVID-Related Resources for Families in English and Spanish

The Center on Positive Behavioral Interventions and Supports (PBIS.org) provides a downloadable booklet (English and Spanish) for Supporting Families at Home with PBIS

Parent Training Modules from Vanderbilt University’s Center on the Social and Emotional Foundations for Early Learning (CSEFEL), available in English and Spanish

YouTube video interview with Mark Durand, author of Optimistic Parenting: Hope and Help for You and Your Challenging Child

Social Emotional Learning, Part 3: Tools for Regulation and Resiliency

A Brief Overview

  • Children who are taught self-regulation are more resilient and learn better in academics and more. This article describes a few practical tools and techniques that are aspects of Social Emotional Learning (SEL).
  • “Kids do well if they can,” says Ross W. Greene, a child psychologist and author. In a short YouTube video, Greene says, “The biggest favor you can do a challenging kid is to finally, at long last, be the person who figures out what’s getting in his way.”
  • PAVE provides additional articles about Social Emotional Learning.
  • Washington’s Office of Superintendent of Public Instruction (OSPI) provides SEL learning activities for families and educators. OSPI also provides free online SEL training, links to information about SEL state learning standards, and more on the Social and Emotional Learning page of its website: k12.wa.us.

Full Article

When children act out at school, what does the teacher do? The answer depends on the discipline policies of the school, but research indicates that suspending and expelling students is ineffective for improving behavior and can cause harm (NIH.gov).

Social Emotional Learning (SEL) in schools marks a shift toward education that promotes self-regulation, resiliency, problem-solving skills, and more. “Kids do well if they can,” says Ross W. Greene, who explains his statement in a short YouTube video. Greene is a clinical child psychologist and author of the books The Explosive Child, Lost at School, Lost & Found, and Raising Human Beings.

By accepting the logic that kids do well if they can, adults shift away from believing that kids behave only if they “want to” and allows for problem-solving, Greene says: “The biggest favor you can do a challenging kid is to finally, at long last, be the person who figures out what’s getting in the way [of doing well].”

Behavior is communication: “Get curious, not furious”

Adults can consider behavior as a form of communication and seek to understand the function of the behavior. One educator refers to this approach as “Getting Curious (Not Furious) With Students.” In the article, posted to Edutopia.org June 29, 2016, Rebecca Alber says, “When teachers get curious instead of furious, they don’t take the student’s behavior personally, and they don’t act on anger. They respond to student behaviors rather than react to them.”

Alber lists the primary benefits to schools when they promote SEL and trauma-informed approaches to discipline:

  • Improved student academic achievement
  • Less student absences, detentions, and suspensions
  • Reduction of stress for staff and students and less bullying and harassment
  • Improved teacher sense of job satisfaction and safety

Tip: Request a Functional Behavior Assessment

A Functional Behavioral Assessment (FBA) may be necessary in circumstances where behavior consistently impedes learning. Schools can use FBA data to build an individualized Behavior Intervention Plan (BIP). A BIP may support an Individualized Education Program (IEP) or could be a stand-alone plan for any student.

When using positive behavior support strategies, adults can avoid judging behavior with labels such as bad, non-compliant, defiant, uncooperative, etc. Researchers have found that those labels often refer to adult perception and frustration about what is happening more than they explain what a child may be trying to express.

Family caregivers might read through a student’s Individualized Education Program (IEP), a behavior plan, disciplinary referrals, or other notes from the school to notice what type of language is being used to describe what’s happening. Requesting a meeting to discuss an FBA and/or strategy for SEL skill-building is an option.

Raw moments are opportunities to teach from the heart

Heather T. Forbes, author of Help for Billy, is among professionals designing new ways to help children cope and learn. Emotional instruction is crucial, argues Forbes, whose website, Beyond Consequences, shares Trauma-Informed Solutions for parents, schools, and other professionals.

“It is in the moments when your child or student is most ‘raw’ and the most dysregulated [out of control],” Forbes writes, “that you are being presented with an opportunity to create change and healing. It takes interacting from not just a new perspective but from an entirely new paradigm centered in the heart.”

In an article, Teaching Trauma in the Classroom, Forbes concludes: “These children’s issues are not behavioral. They are regulatory. Working at the level of regulation, relationship, and emotional safety addresses more deeply critical forces within these children that go far beyond the exchanges of language, choices, stars and sticker charts.”

Regulation starts in the brain

SEL supports are informed by brain science. OSPI provides a free downloadable handbook, The Heart of Learning and Teaching: Compassion, Resiliency, and Academic Success. Included in Chapter One is a list of the brain regions affected by trauma. Understanding the amygdala as a center for fear, for example, can be critical for designing strategies to manage meltdowns. “Overstimulation of the amygdala…activates fear centers in the brain and results in behaviors consistent with anxiety, hyperarousal and hypervigilance,” the page informs.

Writing for Edutopia, Rebecca Alber recommends that teachers learn to understand and recognize impacts of trauma and to understand that apparent refusal to comply might actually be a trauma-based response.

“When we ask students to do high-level tasks, such as problem solving or design thinking,” Alber says, “it’s nearly impossible if they are in a triggered state of fight, flight, or freeze. This trauma state may look like defiance or anger, and we may perceive this refusal as choice, but it is not necessarily so.”

Use Your Words

Some teachers are turning directly to scientists for advice. Dan Siegel, a well-known neurobiologist and author, offers tips through his agency, Mindsight. Mindsight teaches how to “name and tame” emotions to keep from getting overwhelmed. For example, Siegel suggests learning the difference between these two sentences:

  1. I am sad.
  2. I feel sad.

The first statement “is a kind of limited self-definition,” Siegel argues, while the second statement “suggests the ability to recognize and acknowledge a feeling, without being consumed by it.”

Encourage rather than simply praise

Word choice can be critical in trauma-informed instruction. Jody McVittie, a pediatrician who started Sound Discipline, based in Seattle, gives workshops for parents and teachers. She talks about the difference between praise and encouragement in a training called Building Resiliency. Instead of saying “Great Job,” which can trigger an emotional response but may not reinforce learning, a teacher or parent might say instead:

  • “I noticed that you wrote all of the letters of your name on the line and it was really easy to read.”
  • “I appreciate that you asked some insightful questions during our discussion about the Constitution today.”
  • “I know you can write a creative description of the book you read.”

The more specific the encouragement, McVittie says, the more the student will be encouraged to keep working on that expected behavior. Another of McVittie’s key concepts is “connection before correction” to help teachers create helpful relationships with students. An example she uses in her trainings:

A teenaged student tossed a soda can from across the room during class. A trauma-trained teacher pointed to the hallway, and the boy joined her there. Instead of directing him to the office, the teacher explained that she really enjoyed having him in class. She said that he contributed valuable questions. Then she asked why he thought he was in the hallway. He said it was because he threw the soda can. She asked, “What’s your plan?” His answer included apologies and decision-making about how to avoid the mistake again.

This story certainly could have ended differently, and McVittie encourages educators and parents to avoid a “Dignity Double-Bind,” where children experience shame instead of problem-solving:

“Make the child think,” she says, “by showing respect instead of giving orders to obey.”

A Self-Regulation Strategy for Right Now

Sometimes grace starts with self-care. Following is a breathing practice you can use right now to help your nervous system regulate. If you prefer, you can watch a short video from PAVE that demonstrates this technique: Stop and Settle with Five-Fingers Breath.

You will be breathing evenly as you trace the outline of your hand, giving your eyes and your mind something to focus on while you control your breath.

  • Hold up one hand, with your palm facing you.
  • Place the first finger of your other hand onto the bottom of your thumb.
  • As you breathe in, slide your finger up to the top of your thumb.
  • Breathing out, slide your finger into the valley between your thumb and first finger.
  • Breathing in, slide up your first finger. Breathing out, slide down the other side.
  • Continue following your breath up and down all your fingers.
  • When you breathe out down the outside edge of your pinkie, continue to exhale until you reach your elbow.
  • Notice how you feel. Allow your breath to find a natural pattern.

Now that you’ve learned this technique, you can share it with other family members!

State Standards Guide Social Emotional Learning for all Ages and Abilities

A Brief Overview

  • Social Emotional Learning (SEL) is a lifelong process through which children and adults effectively manage emotions, reach toward goals, experience empathy, maintain positive relationships, and make responsible decisions.
  • In school, all students participate in SEL as part of Multi-Tiered Systems of Support (MTSS). Specific SEL instruction can also be part of a student’s Individualized Education Program (IEP).
  • Washington State adopted formal Social Emotional Learning Standards January 1, 2020. The Office of Superintendent of Public Instruction (OSPI) provides an SEL website page with resources for educators, families, and community members.
  • A 12-page SEL equity brief focuses specifically on issues of equity as they relate to race, culture, and economic status.
  • A state law that took effect June 11, 2020, further compels work related to SEL. HB 2816, which was inspired and supported by activist parents, requires the Washington State School Directors’ Association (WSSDA) to develop a model policy “for nurturing a positive social and emotional school and classroom climate.”

Full Article

A child’s ability to understand, communicate, and manage emotions is critical to learning. So are skills that enable a child to socialize, self-motivate, empathize, and work collaboratively. Schools call this area of education Social Emotional Learning (SEL).

SEL is not just for children. According to the Collaborative for Academic, Social, and Emotional Learning (CASEL), “SEL is the process through which children and adults understand and manage emotions, set and achieve positive goals, feel and show empathy for others, establish and maintain positive relationships, and make responsible decisions.”

Students with disabilities may qualify for Specially Designed Instruction (SDI) in social and/or emotional areas of learning as part of an Individualized Education Program (IEP). Eligibility for SDI is determined through evaluation, and schools use various instruments to assess whether a student has a disability affecting social or emotional skills to an extent that education is significantly impacted. If so, the student’s IEP will support learning in those social/emotional areas, and goal-monitoring will track skill growth.

Students with IEPs are not the only ones who receive SEL instruction, however. Schools may use curricula to promote emotional understanding, social stories, mindfulness programs, communication circles or other strategies as part of Multi-Tiered Systems of Support (MTSS). MTSS is a framework for improving school-wide social, emotional, and cultural climate. Schools that adopt an MTSS framework deliver SEL to all students (Tier 1) and generally offer Tier 2 and Tier 3 programming to targeted groups or individual students.

Parenting Tip: Ask whether your school uses an MTSS framework

Family caregivers can ask school staff and administrators whether the district operates within an MTSS framework.

  • If the answer is no, ask how school climate is addressed and how SEL is integrated into school-wide programming.
  • If the answer is yes, ask what SEL instruction looks like in the general education classroom (Tier 1) and how specialized lessons are provided to students with higher levels of need (Tiers 2-3). Note that a student who does not qualify for an IEP could demonstrate the need for social/emotional instruction beyond what is provided to most students. Family caregivers can ask for detail about how the school’s MTSS system supports any specific student.

State adopts six SEL standards

Washington State adopted formal Social Emotional Learning Standards January 1, 2020. The Office of Superintendent of Public Instruction (OSPI), which provides guidance to all public and non-public educational agencies in the state, provides an SEL website page with resources for educators, families, and community members. Included is a link to the official letter in which State Superintendent Chris Reykdal adopted the standards, and a collection of resources to support SEL implementation and to further understanding about how families and communities can participate.

A primary document is the 24-page Social Emotional Learning Standards, Benchmarks, and Indicators, which defines the six SEL learning standards and various benchmarks under each. An extensive chart offers practical guidance for assessing each standard for students in Early Elementary, Late Elementary, Middle School, and High School/Adult. The SEL learning standards include:

  1. SELF-AWARENESS – Individuals have the ability to identify their emotions, personal assets, areas for growth, and potential external resources and supports.
  2. SELF-MANAGEMENT – Individuals have the ability to regulate emotions, thoughts, and behaviors.
  3. SELF-EFFICACY – Individuals have the ability to motivate themselves, persevere, and see themselves as capable.
  4. SOCIAL AWARENESS – Individuals have the ability to take the perspective of and empathize with others from diverse backgrounds and cultures.
  5. SOCIAL MANAGEMENT – Individuals have the ability to make safe and constructive choices about personal behavior and social interactions.
  6. SOCIAL ENGAGEMENT – Individuals have the ability to consider others and show a desire to contribute to the well-being of the school and community.

Developmental milestones are charted with a variety of statements that might demonstrate the skill or disposition within an age range.  

  • For example, a late elementary age student might show self-awareness this way: “I can identify and describe physical symptoms and thoughts related to my emotions and feelings (e.g., hot, shoulders tight).”
  • A middle-school student might demonstrate self-efficacy this way: “I can identify specific human and civil rights and freedoms to which everyone is entitled and can understand how to advocate for myself in healthy ways.”

Tip for Parents: Promote SEL at home

Included on the SEL website page is a list of learning activities for families and educators. The eight-page guide includes links to videos, websites, and ready-to-use resources to encourage positive behavior support and helpful communication at home and at school.  Resources are sorted by age and marked to indicate whether they are best suited for family caregivers, teachers, or both.

  • For example, parents of children K-5 might want to click on SEL Games to Play With Your Child to find a resource from Understood.org. One game, Starfish and Tornadoes, helps kids notice how much energy they are feeling inside and when they might need to use their calming skills or ask for help from a trusted adult.
  • A suggestion for grades 5-12 is to Practice Loving-Kindness for Someone you Care About. That exercise from Greater Good in Education provides adaptations for students with disabilities and suggests ways to make the project culturally responsive.

Another document accessible through OSPI’s website is a three-page guide for parents and families, which includes resource linkages to free online training, parenting cue cards with quick answers to typical concerns, and access to other websites with tools and advice specific for various stages of child development. Also included are tips to promote SEL at home by encouraging a child to:

  • Identify and name their emotions, feelings, and thoughts.
  • Identify positive and negative consequences of actions.
  • Demonstrate the ability to follow routines and generate ideas to solve problems.
  • Create a goal and track progress toward achieving that goal.
  • Identify feelings expressed by others.
  • Identify ways that people and groups are similar and different.
  • Demonstrate attentive listening skills without distraction.
  • Identify and take steps to resolve interpersonal conflicts in constructive ways.
  • Demonstrate a sense of community responsibility

SEL guidance supports equity and inclusion

  • Principles listed throughout the state SEL guidance include:
  • Equity: Each child receives what he or she needs to develop his or her full potential.
  • Cultural responsiveness: Culture is viewed as a resource for learning, not a barrier.
  • Universal design: Learning differences are planned for and accommodated.
  • Trauma-informed: Knowledge of the effects of trauma is integrated into policy and practice.

State guidance that describes the SEL standards and benchmarks includes this statement: “Social emotional learning (SEL) happens over the course of a day, a lifetime, and in every setting in which students and adults spend their time.… Effectively supporting social emotional development in schools requires collaboration among families and communities. It also involves building adult capacity to support a school climate and culture that recognizes, respects, and supports differences in abilities, experiences, and ethnic and cultural differences, and celebrates diversity.”

A 12-page SEL equity brief focuses specifically on issues of equity as they relate to race, culture, and economic status. “A white, middle-class model of self that values independence dominates schools,” the brief states. “Students of color and students in low-income communities often experience ‘cultural mismatch’ in education settings that expect forms of expression and participation not aligned with their culture.

“Without explicit attention to equity and cultural diversity, prevalent SEL frameworks, models, and curricula may not adequately reflect the diverse worldviews of students and families.”

Parenting Tip: Attend your local school board meeting to influence decisions

The state’s SEL implementation guide is intended for local districts to use in developing their own school- or community-specific plan to meet the needs of all learners. Because Washington is a local control state, each district is responsible for policy development.

Families have the option of making public comment at meetings to share thoughts or concerns. School board meetings are required monthly and must follow the state’s Open Public Meetings Act (Chapter 42.30 in the Revised Code of Washington). Families can reach out to their local district for information about how and when school boards meet. The Washington State School Directors’ Association provides a guidebook about the rules for Open Public Meetings. The rules apply in any meeting space or platform.

HB 2816 promotes positive school climate

A state law that took effect June 11, 2020, further compels work related to SEL. HB 2816, which was inspired and supported by activist parents, requires the Washington State School Directors’ Association (WSSDA) to develop a model policy “for nurturing a positive social and emotional school and classroom climate.”

The model policy and procedures for its implementation includes specific elements to “recognize the important role that students’ families play in collaborating with the school and school district in creating, maintaining, and nurturing a positive social and emotional school and classroom climate.” In addition, districts “must provide information to the parents and guardians of enrolled students regarding students’ rights to a free public education, regardless of immigration status or religious beliefs; and school districts must provide meaningful access to this information for families with limited English proficiency.”

In accordance with HB 2816, the WSSDA website will post the model policy and procedure by March 1, 2021. School districts are responsible to incorporate the guidance by the beginning of the 2021-22 school year: “School districts may periodically review policies and procedures for consistency with updated versions of the model policy for nurturing a positive social and emotional school and classroom climate.”

SEL is linked to research about Adverse Childhood Experiences

A national movement to incorporate Social Emotional Learning (SEL) is informed by knowledge that trauma profoundly impacts educational outcomes. In the late 1990s, the Centers for Disease Control and Prevention released its first report about Adverse Childhood Experiences (ACEs). Dr. Vincent Felitti, then the CDC’s chief of preventive medicine, boldly proclaimed childhood trauma a national health crisis. The report led to development of an ACEs survey, which scores a person’s likelihood of suffering lifelong physical and mental health impairments resulting from trauma. An ACEs score of 4, the study found, makes a child 32 times more likely to have behavior problems at school.

The data inspired researchers and educators to seek new ways to help children cope so they can manage themselves at school—and in life. A variety of new evidence-based practices were developed to support childhood resiliency. The National Research Council issued this statement in 2012: “There is broad agreement that today’s schools must offer more than academic instruction to prepare students for life and work.”

The 2015 Washington State Legislature directed OSPI to convene an SEL Benchmarks workgroup, and Senate Bill 6620 in 2016 authorized development of a free online training module in SEL for school staff. The bill states that, “In order to foster a school climate that promotes safety and security, school district staff should receive proper training in developing students’ social and emotional skills.” Development of the state SEL Standards furthers that work.

Parenting tip: Work on your own SEL skills

Family caregivers play an important role in fostering SEL by working on their own self-regulation skills. The Collaborative for Academic, Social, and Emotional Learning (CASEL) provides a wide array of resources, including some related to stressors from COVID-19. “We need to pay close attention to our own social emotional needs in order to be the community of adults who best serve our young people,” CASEL advises. “Practice continued self-care strategies, including eating healthy, getting enough sleep, exercising, and finding time to take breaks.” CASEL provides a checklist to reframe your thinking, including ideas about “all-or-nothing” or overgeneralization, for example.

PAVE provides a series of short mindfulness videos for all ages and abilities and offers additional mindfulness and parenting ideas in an article, Stay Home Help: Get Organized, Feel Big Feelings, Breathe.

Parents are a child’s primary SEL teachers

Family caregivers can help foster SEL skills by collaborating with the school. OSPI’s guidance includes this statement: “Parents and families are a child’s first teachers of SEL. As children grow, parents and families continue to support the social emotional lives of their children in the home.”

Here are a few questions parents might ask school staff to collaborate on SEL skill development:

  • How are you helping my child learn from mistakes?
  • If behavior is keeping my child from learning, what skill is lacking?
  • What is a best-practice strategy for teaching the skill that my child needs to learn?
  • Do you have a tool for understanding and regulating emotions that we can use at home also?
  • How is my child learning to “name and tame” emotions? (Dan Siegel, neurobiologist and author of Mindsight, suggests that recognizing and naming a feeling gives a person power to regulate the emotion.)
  • What positive reinforcement is being provided when my child demonstrates a new skill? How are those positive reinforcers tracked through data collection?
  • What is the plan to help my child calm down when dysregulation makes problem-solving inaccessible?
  • Would a Functional Behavior Assessment help us understand what my child is trying to communicate through this unexpected behavior?
  • Can we collaborate to develop a Behavior Intervention Plan so that we are using the same cues and language to support expected behavior?
  • What adult at the school is a “champion” for my child? (Dr. Bruce Perry, whose research supports trauma-informed initiatives, says, “Relationships are the agents of change and the most powerful therapy is human love.”)

Summer 2020 Recreation and Staycation Options

Summer activities might look different in 2020 because of measures to slow spread of COVID-19. Here are some links and ideas for accessible staycations and other recreation options. This list is subject to changes and updates. Have a suggestion to add? Send us an email: pave@wapave.org.

Please note that these resources are not affiliated with PAVE, and PAVE does not recommend or endorse these programs or services. This list is not exhaustive and is provided for informational purposes only.

Virtual Options

  • Crip Camp 2020: The Virtual Experience
    Join fellow grassroots activists and advocates this summer for a virtual camp experience featuring trailblazing speakers from the disability community. All are welcome, and no prior activism experience is necessary to participate.
  • Youth Leadership Forum
    A Facebook group called Friends of YLF provides the most up-to-date information about plans for a weeklong virtual camp in July 2020.
  • Visit your local library system
    This site provides contact information for Washington libraries. Many libraries offer online activities and options to make summer reading fun and rewarding.
  • Creativity Camp
    Register for a free week of writing, drawing and storytelling classes from award-winning author/illustrator Arree Chung. 
  • Camp Korey
    This 15-year-old program honors the courage, strength, and determination of children with serious medical conditions by providing a camp environment with specialized medical support. 2020 programs include virtual camps and campfire Fridays.
  • Taste of Home catalog of Free Virtual Museum Tours
    From the safety of home and for free, visit the Louvre, SeaWorld, the Winchester Mystery House and many more museums. For example, the Metropolitan Museum of Art provides a free 3-D tour of its exhibit halls.
  • National Parks Virtual Tours
    Insider provides links to virtual tours of 32 national parks, including the Grand Canyon, Yellowstone, and Arches National Park.
  • NASA Kids’ Club and NASA STEM @ Home
    The NASA Kids’ Club offers video-style games and opportunities to learn about the work of NASA and the astronauts. The STEM @ Home programs provide interactive modules in Science, Technology, Engineering and Math (STEM) for grades K-4, 5-8, and 9-12.
  • Sesame Street Caring for Each Other
    Favorite Muppets provide sing-alongs, interactive games, and other ready-to-use materials to spark playful learning for the whole family during COVID-19 and beyond.
  • Storyline Online
    Have you noticed that there are a lot of famous people reading books? Storyline provides a place to find many of them in a virtual library.
  • Nomster Chef
    Picture-book recipes for Kid Chefs and added tips for grown-ups are designed for families cooking together at home.

In-Person Options

Please note that scheduling may change based on COVID-19 restrictions. Please check each program website for the most current information.

  • Spectra Gymnastics
    Programs are designed to support individuals with Autism, sensory issues, and related disorders, ages 2-21.
  • Aspiring Youth  
    Summer camp opportunities with in-person and online options. Camps provide opportunities to explore theater, art, climbing and more. 
  • Camp Killoqua 
    These Camp Fire programs are open to all — including youth who are not members of Camp Fire. Camps strive to be inclusive; acceptance and participation is open to everyone regardless of race, religion, socioeconomic status, disability, sexual orientation, or other aspect of diversity.
  • C.A.S.T. for Kids
    Catch a Special Thrill (C.A.S.T.) provides fishing events for kids with special needs. Check the interactive map and calendar for summer events near you.
  • Blue Compass Camps
    Sea Kayaking in the San Juan Islands is among the offerings for youth with high-functioning autism, Asperger’s, and ADHD.

Low-Tech Fun

  • Pirate Treasure Hunt: Dress up as pirates to follow clues that lead to a bounty of treasure! Decorate the house, offer goldfish- shaped crackers as snacks, and design an X to mark the spot where the treasure is found!
  • Under the Stars:  Stay up late to learn about astronomy. No cost apps like Sky Map and Star Walk help locate planets, stars, and constellations with ease. Make it fun on a warm night with a blanket on the grass to keep you comfy while you gaze up!
  • Unplug and get off the grid: Make a point to unplug and tune into fresh air, exercise, and nature. If you don’t already know an outdoor spot to explore, All Trails can help you find hiking or walking trails.
  • Check out PAVE’s Lessons at Home videos: We’ve got short, curiosity-inspiring projects that require limited equipment for those “I’m bored!” moments.
  • Practice being Mindful: Need a breath and a moment of peace? PAVE has short videos for creating mindfulness that are accessible for almost all ages/abilities.
  • For more ideas and information, PAVE provides two resource lists to help with learning at home and to support families navigating the national health emergency:

Tips to Help Parents Reinforce Positive Behaviors at Home

A Brief Overview

  • Positive Behavioral Interventions and Supports (PBIS) is a strategy schools use to teach children expected behavior. Read on for PBIS strategies families can use at home.
  • A key PBIS principle is that punishment fails to teach children and youth what they should do instead. Adults can direct a child toward a better choice or interrupt an escalation cycle.
  • The easiest way to change a behavior is to point out what a person does right. Remember this catchy phrase, “5:1 gets it done,” to ensure five positive interactions for each negative interaction.
  • Parents might find success with strategies they can share with school staff eventually.
  • For additional strategies unique to COVID-19, the Office of Superintendent of Public instruction (OSPI) offers a series of 3 webinars for family caregivers. For information and links to the videos, see PAVE’s article: Webinars offer Parent Training to Support Behavior during Continuous Learning.

Full Article

Schedule changes and seasonal transitions cause emotional upheaval for some families in typical years. Summer 2020 includes unique conditions, with families moving into a summer with fewer-than-usual options to keep children busy after months of learning from home due to the COVID-19 building closures. A few strategies, described below, might help families keep things chill this summer.

Experts in education use a framework for creating a positive environment called Positive Behavioral Interventions and Supports (PBIS). PBIS has been implemented in more than 26,000 U.S. schools. The PBIS framework has been shown to decrease disciplinary removals and improve student outcomes, including grades and graduation rates. When done well, PBIS provides positive social skills, communication strategies and “restorative justice,” (working it out instead of punishing) and may prevent 80-90 percent of problem behaviors.

Punishment does not teach

PBIS requires an understanding that punishment fails to help a child know what to do instead. Researchers have learned that a child who is being punished enters an emotionally dysregulated state (fight/flight/freeze) that blocks learning. Adults who calmly direct a child toward a new way of problem-solving can interrupt or prevent an escalation.

Keep in mind that adults need to stay regulated to help children. For strategies related to mindfulness, see PAVE’s article: Stay Home Help: Get Organized, Feel Big Feelings, Breathe. PAVE also provides a library of short videos with mindfulness and breath practices for all ages and abilities: Mindfulness Videos.

Within a PBIS framework, de-escalation strategies might include:

  • Remove what is causing the behavior
  • Get down to eye level
  • Offer empathy—the ability to understand and share the feelings of another
  • Provide choices
  • Re-teach expectations
  • Reinforce desired behaviors
  • Communicate care instead of control

Behavior is a child’s attempt to communicate

Simple, consistent, predictable language is a critical component. Insights about these strategies and more were shared in a webinar by Change Lab Solutions on April 30, 2019.

Among experts talking about PBIS are staff at the University of Washington’s School of Mental Health Assessment, Research and Training (SMART) Center. Staff from the SMART center lead the School Mental Health supplement of the Northwest Mental Health Technology Transfer Center (NWMHTTC). These agencies, in collaboration with the League of Education Voters, in June 2019 hosted a webinar: How to Implement Mental Health Supports in Schools, focused on the importance of blending school and community supports with PBIS.

A University of Washington (UW) expert who participated in the webinar is Kelcey Schmitz, a former OSPI staff member who has written articles for PAVE about positive behavior supports and state initiatives and has experience helping families and schools implement PBIS.

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

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

Support Positive Behavior before there is a problem

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

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

Tiers 2 and 3 are where adults provide more support for specific behaviors that are getting in the way of relationships or how the child or youth functions. In a school setting, Tier 2 is for students who need a social group or some extra teaching, practice, and reinforcement. Tier 3 supports include a Functional Behavioral Assessment (FBA) to find out why the behavior is occurring, and an individualized Behavior Intervention Plan (BIP).

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

Define, teach, and routinely acknowledge family expectations

  • Discuss how you want to live as a family and identify some “pillars” (important, building-block concepts) that represent what you value. Talk about what those pillars look like and sound like in every-day routines. To help the family remember and be consistent, choose only 3-5 and create positive statements about them. Here are a few examples:
    • Speak in a respectful voice.
    • Be responsible for actions.
    • Be safe; keep hands, feet, and objects to self.
  • Identify a couple of “hot spots” to begin. Challenging behaviors often occur within routines.  Perhaps mornings or mealtimes create hot spots for the family. After discussing 1-2 ways to be respectful, responsible, and safe in the morning, teach what each looks like. Have fun with it! Set up “expectation stations” for practicing the plan and assign each family member one pillar to teach to the rest.
  • Behaviors that get attention get repeated. Notice when a child does the right thing and say something about each success: “I noticed you stopped to pick up your shoes in the hallway. Thanks for putting them away and keeping the walkway safe for others.” The easiest way to change a behavior is to point out what a person does right!
  • Remember this catchy phrase, “5:1 gets it done” to ensure five positive interactions for each negative interaction. When the expected behavior becomes routine, the reinforcement can fade away.

Create engaging and predictable routines

  • Children crave structure and routine. Adults may look forward to a relaxing evening or weekend, but kids often need regular activity and engagement. Consider that either the kids are busy, or the adults are busy managing bored kids!
  • Use visuals to create predictability. A visual schedule can display major routines of the day with pictures that are drawn, real photos or cut-outs from magazines. Create the schedule together, if possible.  Parents can ask a child to check the schedule – especially when moving from a preferred to non-preferred activity. It’s hard to argue with a picture!

Set the stage for positive behavior

  • Teach, pre-teach, and re-teach. Children need to learn behavior just like they learn colors and shapes. A quick reminder can help reinforce a developing skill: “When we get in the car, sit up, buckle up, and smile!”
  • Give transition warnings or cues to signal the end of one activity and the beginning of another: “In five minutes, it will be bath time.”
  • First/then statements set up a child for delayed gratification: “First take your bath; then we can play dolls.”
  • Focus on Go instead of Stop. Children often tune out words like NoDon’t and Stop and only hear the word that comes next, which is what an adult is trying to avoid. Tell a child what to do instead of what not to do: “Take your plate and put it in the sink.” Save Stop and No for dangerous circumstances that need a quick reaction.
  • Choices prevent power struggles: “Would you rather play for five more minutes or get in the bath now?”  “Feel free to choose the pink pajamas or the green ones.”

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

Here are places to seek additional information:

Parenting with Positive Behavior Support: A Practical Guide to Resolving Your Child’s Difficult Behavior 

Home and Community Based Positive Behavior Support Facebook Page

Home and Community PBS Website

Parent Center Hub Positive Behavior Supports Resource Collection

Intensive Intervention: An Overview for Parents and Families

The Association for Positive Behavior Support

Getting Behavior in Shape at Home

Family Resources for Challenging Behavior

The National Center for Pyramid Model Innovations (NCPMI) Resource Library, articles in multiple languages

Behavior and Discipline in Special Education: What to do if the School Calls Because of a Behavior Incident

Continue reading “Behavior and Discipline in Special Education: What to do if the School Calls Because of a Behavior Incident”

Section 504: A Plan for Equity, Access and Accommodations

A Brief Overview

  • Section 504 is part of the Rehabilitation Act of 1973, which is upheld by the United States Office of Civil Rights.
  • This law protects access rights to public places and programs for individuals with disabilities. Accommodations that support access are guaranteed, and not providing access is a form of discrimination.
  • All students with qualifying disabilities are part of a protected class under Section 504, including those on 504 Plans and those on Individualized Education Programs (IEPs).
  • Section 504 protects a person with disabilities throughout life and covers individuals at work and in any public facility or program.
  • Key terms are equity and access to opportunity. A government-funded place or program provides whatever is needed so the person with a disability can benefit from the place or program. The opportunity is equitable when supports provide a way for the person to overcome the barrier of disability (to the maximum extent possible) to access the place or program that everyone else has the right to access.
  • Section 504 defines disability as an impairment that impacts a major life activity. If a student in school meets criteria, then the school provides what a student needs to access a Free Appropriate Public Education (FAPE) in the general education setting. ​
  • A Section 504 Plan determines what a student needs to receive equitable benefit from school.

Full Article

Section 504 is part of a law called the Rehabilitation Act of 1973, which is upheld by the United States Office of Civil Rights. This law is about access–to a public place or program. Section 504 protects a person for life and allows every student, employee or guest in a public institution to ask for and expect supports and productivity enhancers–what they need to succeed.

All children with disabilities who qualify for special services in school are protected by the provisions of the Rehabilitation Act. Students who qualify for Special Education are protected by Section 504 and the Individuals with Disabilities Education Act (IDEA). Children protected by IDEA have Individualized Education Programs (IEPs), and children who qualify for some support but do not meet the IDEA’s specific criteria may have Section 504 Plans. This article is primarily about Section 504 Plans. For more detailed information about the IEP, PAVE provides an article, Get Ready for School with IEP Essentials.

Education rights are like a pyramid: At the top of the pyramid is the IDEA (Individuals with Disabilities Education Act), which provides a full menu of special education programming and services for qualifying students.  Children at the top of the pyramid have all the protections of each of these laws.

At the center of the pyramid is Section 504, part of the Rehabilitation Act of 1973, which guarantees non-discriminatory rights to equitable access for individuals with disabilities.

ESSA (Every Student Succeeds Act) is at the bottom, providing all children in the United States the right to a free public education “to ensure that every child achieves.”

Schools are bound by Section 504 as “covered entities,” places or programs that receive money from the U.S. government. Schools provide access to Free Appropriate Public Education (FAPE) by helping students with 504 Plans to succeed in regular classrooms and school settings. The goal is to meet the student’s needs as adequately as the needs of nondisabled students to offer equity and access to opportunities. Keep reading to learn more about what equity truly means.

Section 504 defines disability as an impairment that impacts a major life activity. A school team considers a variety of information to consider whether a student qualifies for a Section 504 Plan. A formal evaluation is not required, and parent involvement is voluntary. The team asks:

  1. Does the student have an impairment?
  2. Does the impairment limit one or more major life activities?

The law is intentionally broad, so it doesn’t limit the possible ways that a student who needs help can qualify for that help. ​A list of possible impairments is, therefore, unlimited. Here are a few examples:

  • Physical disability that might affect mobility, speech, toileting or a human function: Spina Bifida, deafness, dwarfism, loss of a limb
  • Cognitive, psychiatric, or emotional disorder: intellectual disability (Down Syndrome), a specific learning disability (Dyslexia), a brain illness or injury (bipolar disorder, Traumatic Brain Injury), an emotional disturbance (anxiety, depression) ​
  • Major bodily functions: disease of the immune system, digestive or urinary issues, an impairment of the nervous system or heart

​A list of major life activities is also endless. Whether an impairment “substantially” limits a major life activity is determined individually. Some impairments affect the ability to practice self-care, and challenges in basic life tasks like walking, seeing, hearing, speaking, breathing, learning, and working are captured. Someone with sensory challenges might struggle to concentrate, think and communicate—all of those can qualify as major life activities. ​Really, any system in the body might have a challenge that creates a barrier for an individual and therefore can qualify as a disability.

A photo of a slide that states that a Major Life Activity Includes: walking, seeing, hearing, speaking, breathing, learning, working, digesting, toileting, eating, sleeping, standing, reading, concentrating, thinking, communicating and lifting

Sometimes a Section 504 Plan provides adequate support, and sometimes the family and school consider whether the student qualifies for an IEP with a full menu of special education protections. A 2018 federal court ruling in favor of a student with Crohn’s disease provides an interesting example. Parents had provided the school with information about his diagnosis and requested an evaluation for services. Their request was denied. The Third Circuit Court found the school in violation of the student’s right to appropriate evaluation under the Child Find Mandate. The court also found that the school should have provided special education services, not only accommodations with a Section 504 Plan:

“In seeing Crohn’s as something requiring only a Section 504 accommodation, not IDEA special education, [the district] treated the disease as something discrete and isolated rather than the defining condition of [this student’s] life.” 

An online search can find a range of information related to Crohn’s Disease or other specific medical conditions and how to design a specific educational plan to meet a student’s needs. The Crohn’s and Colitis Foundation, for example, provides a template for a Section 504 Plan for a student with serious medical issues related to digestion.

Equity doesn’t mean Equal

Supports and services for a student with a disability seek to provide equity. Equal opportunity would mean that all students get the same help. Getting the same help doesn’t give all students the same opportunity. In this picture, on the left, the little guy in the light blue shirt can’s see the game, even though he’s got the same platform as the taller guy. ​He needs a different platform to have the same opportunity to see the game.

The depiction of equality through the illustration of three children on a box and then justice is shown by making the boxes different sizes to serve the needs of each individual

The help that makes access to learning equitable puts the word Appropriate in FAPE– Free Appropriate Public Education.

Students with known disabilities get help and productivity enhancers to access the opportunities for success that all students have. If they need a taller crate—or an extra teacher, or a special swing on the playground, or training in Social Emotional Learning (SEL) or something else specific that gives them the same opportunity to learn, grow and benefit from school, then their civil right is to get the boost they need to have an equitable opportunity. ​

Accommodations and services create equity in order to give people a fair opportunity to succeed. This level of fairness can be called justice. 

Under Section 504, individuals with impairments have a right to get into public places—with ramps, elevators, braille labels on doors…whatever is needed for physical access. Other aspects of access are less obvious. Individuals with unseen disabilities have the right to accommodations that will make a program or service as effective for them as it is for the general population.

Positive behavior supports through a are an example of an accommodation that can help a student with a disability access the major life activity of learning. A BIP can be a stand-alone plan or can accompany a Section 504 Plan or an IEP. A BIP is developed after the school conducts a Functional Behavior Assessment (FBA). Parents sign consent for the school to conduct an FBA.

Section 504 Supports Inclusion and Bars Discrimination

Section 504 includes elements of inclusion. A person with a disability has the right to access the regular program unless special help and different options cannot work to provide that person with benefit from the program or service.

This is important in education: Students have the right to get help so they receive an equitable benefit from learning in the general education classroom. They move to a more specialized setting only if those supports fail to provide appropriate and equitable access. ​This is true for students on 504 Plans and IEPs.

Under Section 504, any alternative space or program must be “comparable.” Clearly, that’s subjective, but it’s important language to include in any discussion with the school if parents have concern that a child is not receiving an education that is equitable or comparable to that being offered to typically developing students. ​

According to the Office of Civil Rights, as an institution that receives government funding, a school is bound to avoid policies that might on purpose or accidentally exclude persons with disabilities. ​In other words, if a school’s policy or action creates a barrier to access for a student with a disability, the school might be cited for discrimination if the Office of Civil Rights did an investigation.

Here are examples of how Section 504 might impact a student:

  • The school helps a student succeed with other students in the regular classroom, which is the most integrated setting.​
  • If the student needs extra help or technology or a special place to sit, he/she gets that because the school is ensuring accessibility. ​
  • If the student needs to take a different test or get a homework deadline changed, then the school makes those reasonable modifications, which don’t fundamentally alter the program. ​
  • An auxiliary aid might be a 1:1 para, and the school district provides that. ​

Section 504 Protects Students Everywhere at School
Access rights are not limited to the classroom but include all aspects of school and learning. This is just a short list of school settings that are governed by Section 504:​

  • Classrooms​
  • School bus/transportation​
  • Lunch​
  • Recess​
  • PE (Physical Education)​
  • After-school Clubs​
  • Sports​
  • Field Trips

Are Parents Part of the Section 504 Team?

The Rehabilitation Act doesn’t require schools to involve family members in the administration of a 504 plan. However, the plan is managed by a responsible school staff member who notifies parents before a student is evaluated or placed on a 504 Plan and provides parents/guardians with a copy of the plan.

The school also provides written notification to parents about their rights to disagree through grievance procedures. The document that describes these procedures is called “procedural safeguards.” ​If a parent requests a formal evaluation for special education services, and the school district refuses, the school district must provide the parent with a written copy of the procedural safeguards.

How is a 504 Plan Different from an IEP?
The decision to include parents in 504 team meetings is determined by each school district. ​However, parents may contribute information such as doctor reports, outside testing reports and personal reflections and concerns. Schools are expected to make sound educational decisions about what the child needs to be successful.​

The fact that parent participation is not a guarantee of the law makes Section 504 different from the IDEA, which requires parental involvement in the IEP process. Here are a few other differences between these two laws:

  • A 504 Plan is nearly always implemented within the general education setting, whereas an IEP may include placement in a variety of inclusive and specialized settings.​
  • A 504 will NOT include academic goals, benchmarks, or measurements, which are key features of an IEP. ​
  • Under Section 504, a qualified student with a disability is protected regardless of whether the student needs special education. ​
  • An IEP is an educational program that follows a student through high school; a 504 Plan is a Civil Rights protection that follows a person throughout the lifespan.​
  • Remember, Section 504 is about equity and access, and the protections of the Rehabilitation Act cover students on Section 504 Plans and IEPs. ​

How are Discipline and Behavior addressed by Section 504?

​Students with disabilities are a protected class when schools administer disciplinary actions. If a student with a disability is suspended for multiple days within a school term, the school is required to have a meeting called a Manifestation Determination meeting. This requirement specifically states that schools hold this meeting by the 10th day of suspension.​

The school and family will go through a specific set of questions to determine whether the behavior that led to the suspension was caused by some aspect of the student’s disability. In other words, did the behavior manifest from the disability? ​

At that meeting, the team will decide whether the school followed the 504 Plan, the IEP, the specific behavior plan and/or its own disciplinary policies in making the decisions about what to do. If the team determines that the student’s disability was the cause of the behavior and/or that the school didn’t follow procedure, then the student may qualify for Compensatory Services—additional learning time—to make up for missed education during the suspension. ​

For a student with a Section 504 Plan, this meeting can also direct the school to conduct a comprehensive educational evaluation to see if the student’s disability qualifies that student for the full menu of special education options available under the IDEA—including an IEP.​  A website called School Psychologist Files has an article and a chart comparing Section 504 and IEP.

Here are a few points related to Section 504, discipline and behavior:

  • Students with disabilities can be disciplined. ​
  • Students with disabilities have special protectionsregarding discipline. ​
  • Schools cannot change a student’s “placement” without following the rules. Placement is where the student receives learning.  If the school disciplines a student with a 504 Plan in a way that changes the location where the student receives education, this may constitute a change in placement. The Office of Civil Rights has specific laws that govern what constitutes a change in placement and how schools respond. ​
  • ​Students with disabilities are a protected class. Schools have the right to discipline students to keep everybody safe, but the schools are bound by specific rules and regulations to make sure that their disciplinary actions aren’t discriminatory. ​
  • ​If a student with a disability keeps getting taken out of class because of behaviors, then the disciplinary actions might add up to a significant change in placement. The law states that this change is placement triggers a re-evaluation and opens the possibility that a higher level of special education service might be needed to support and protect this student with a disability. ​

Rules for Schools

Some parents are anxious about questioning actions taken by the school. It’s important to remember that parents also have protections under the law. The Office of Civil Rights maintains specific guidelines that do not allow schools to retaliate against parents for asserting their rights to participate in a student’s education. ​

Parents can reach out directly to the Office of Civil Rights:

  • OCR Seattle Regional Office at: 206-607-1600​
  • National: 800-877-8339 (TTY) or Federal Relay Service (FRS) at 1-800-877-8339 ​

Here are some additional resources for information about Section 504:

The United States Department of Health and Human Services: HHS.Gov

The U.S. Office of Civil Rights:  www2.ed.gov
Center for Parent Information and Resources (CPIR): parentcenterhub.org
Parent Guide to Section 504: GreatSchools.org
Office of Superintendent of Public Instruction (OSPI): k12.wa.us
For legal interpretations of Special Education and Section 504 Law: Wrightslaw.com