Sample Letter to Request a Functional Behavioral Assessment

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

A Brief Overview

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

Introduction

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

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

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

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

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

Manifestation Determination

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

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

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

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

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

Request FBA Formally, in Writing

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

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

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

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

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

The FBA/BIP Might Prevent a Shortened School Day

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

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

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

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

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

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

Please note that a request for behavioral support is NOT a recommendation to remove a student from the regular classroom and move them into an exclusive learning environment. Federal and state laws require that students eligible for special education services receive their education in the Least Restrictive Environment (LRE) to the maximum extent appropriate.

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

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

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

Sample Letter to Request an FBA

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

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

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

Final Thoughts

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

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

Learn More

Tips to Help Parents Reinforce Positive Behaviors at Home

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

A Brief Overview

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

Introduction

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

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

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

Positive support makes learning easier

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

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

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

Behavior is a child’s attempt to communicate

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

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

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

Support Positive Behavior before there is a problem

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

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

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

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

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

Define, teach, and routinely acknowledge family expectations

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

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

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

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

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

Create engaging and predictable routines

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

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

Set the stage for positive behavior

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

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

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

Focus on Go instead of Stop. Children often tune out words like 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.

Final Thoughts

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

Section 504: A Plan for Equity, Access and Accommodations

A student with a disability is protected by multiple federal laws. One of these laws is the Rehabilitation Act of 1973. This law is enforced by the U.S. Department of Education’s Office for Civil Rights. Section 504 is part of the Rehabilitation Act and it helps protect students from being treated unfairly because of their disability.

To uphold a student’s civil rights under Section 504, schools provide accommodations and support to ensure that a student with a disability has what they need to access the opportunities provided to all students. Making sure all students have the same opportunities is called equity, and it’s something schools must do. Students with disabilities are protected in all parts of school life, like classes, sports, clubs, and events.

A Brief Overview

  • Section 504 is part of the Rehabilitation Act of 1973, which is upheld by the U.S. Department of Education’s Office for Civil Rights
  • Section 504 prohibits discrimination based on disability in any program or activity that receives federal funding. All Washington state public schools must comply with this federal law. 
  • Every student with a disability is protected from discrimination under this law, including each student with a 504 Plan and each student with an Individualized Education Program (IEP). 
  • Eligibility for Section 504 support at school is determined through evaluation. Washington’s Office of Superintendent of Public Instruction (OSPI) provides fact sheets in multiple languages that describe the evaluation process and state requirements. 
  • A mitigating measure is a coping strategy used by individuals with disabilities to reduce the effects of a disability, but these measures cannot be considered when determining if a student has a substantially limiting impairment. 
  • Dispute resolution options are outlined in the Section 504 Notice of Parent Rights, downloadable in multiple languages on the OSPI website.  

Introduction

Every student with a disability is protected from discrimination under this law, including each student with a 504 Plan and each student with an Individualized Education Program (IEP). Section 504 protects a person with disabilities throughout life and covers individuals in any public facility or program. A person can have a 504 Plan to support them in a vocational program, higher education, or in any location or service that receives federal funds.

All people with recognized disabilities also have protections under the Americans with Disabilities Act (ADA). Within a school, business, or other organization, the person responsible for upholding civil rights under these two laws might hold a title such as Section 504/ADA Compliance Officer. If you have concerns about civil rights being followed in any group, ask to speak with the person responsible for Section 504/ADA compliance. You may also ask for policies, practices, and complaint options in writing.

Hidden disabilities, or those that are not readily apparent to others, are also recognized disabilities protected by Section 504 and the ADA. Hidden disabilities may include but are not limited to learning disabilities, psychological disabilities, and episodic conditions, such as epilepsy or allergies.

Defining “Disability” under Section 504

Section 504 does not specifically name disability conditions and life impacts in order to capture known and unknown conditions that could affect a person’s life in unique ways. In school, determination is made through evaluations that ask these questions:

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

Washington’s Office of Superintendent of Public Instruction (OSPI) provides fact sheets about Section 504 in multiple languages that describe the evaluation process and state requirements. Included in the fact sheets is this information about what Section 504 means for students:

“Major life activities are activities that are important to most people’s daily lives. Caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, eating, sleeping, standing, bending, reading, concentrating, thinking, and communicating are some examples of major life activities.

“Major life activities also include major bodily functions, such as functions of the digestive, bowel, bladder, brain, circulatory, reproductive, neurological, or respiratory systems.

“Substantially limits should also be interpreted broadly. A student’s impairment does not need to prevent, or severely or significantly restrict, a major life activity to be substantially limiting.”

Pyramid of Rights: Students at the top have all these protections! 

Special Education Rights are protected by the Individuals with Disabilities Education Act (IDEA). Eligible students are served with an Individualized Education Program (IEP).

Civil Rights are protected by Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA). Students with disabilities impacting a “major life activity” receive accommodations and individualized support as part of their IEP (if eligible) or through a Section 504 Plan.

General Education Rights are protected by Every Student Succeeds Act (ESSA). All children in the United States have the right to access free public education through age 21 or until they earn a high school diploma.

FAPE rights under Section 504

The right to a Free Appropriate Public Education (FAPE) is protected by Section 504 and the Individuals with Disabilities Education Act (IDEA). The most common way schools protect Section 504 FAPE rights is through accommodations. A student might have specifically designed help to accomplish their schoolwork, manage their emotions, use school equipment, or something else. The sky is the limit, and Section 504 is intentionally broad to capture a huge range of possible disability conditions that require vastly different types and levels of support.

Here are two specific topic areas to consider when a student is protected by Section 504:

  • FAPE rights include the right to be supported against bullying.
  • FAPE rights protect students against unfair treatment in student discipline.

Medical Diagnosis

A school cannot require a parent to provide a medical diagnosis to evaluate a student. However, a diagnosis can provide helpful information. The school could request a medical evaluation, at no cost to the parent, if medical information would support decision-making.

Note that a medical diagnosis does not automatically mean a student needs a 504 Plan. Doctors cannot prescribe a 504 plan—only the 504 team can make that decision. However, the 504 team must consider all information provided as part of its evaluation process.

Evaluation and Eligibility Determination

Eligibility for school-based services is determined through evaluation. Federal law that protects students in special education process is the Individuals with Disabilities Education Act (IDEA).

IDEA includes Child Find protections that require schools to evaluate a student if there is a reasonable suspicion that disability is impacting educational access. A student is evaluated in all areas of suspected disability to determine eligibility for services. If the student is found eligible, the evaluation provides key information about service needs.

Parents or guardians, teachers, district personnel, and others with information about the student can refer the student for evaluation for special education by completing the OSPI Referral for Special Education Evaluation form (direct download), which is available on the OSPI website.

After the student is evaluated, the 504 team will discuss the results of the evaluation with the parent or guardian. Depending on the results, the student will be found:

  • Eligible for Section 504 protections but not an IEP. Data from the evaluation is used to build a Section 504 Plan for supporting the student with individualized accommodations and other needed supports.
  • Eligible for an IEP. The special education program includes goals that track progress toward learning in areas of specially designed instruction (SDI). Accommodations and supports that are protected by Section 504 are built into the IEP.
  • The school determines that the student does not have a disability, or that a disability does not substantially limit educational activities. The student will not receive school-based services through an individualized plan or program.

Evaluations must disregard mitigating measures

A mitigating measure is a coping strategy that a person with a disability uses to eliminate or reduce the effects of a disability. For example, a person who is deaf might read lips or a person with dyslexia may read using audible books. Because a person has adapted to their disability does not mean they give up the right to appropriate, individualized support. In its guidance, OSPI states: “Mitigating measures cannot be considered when evaluating whether or not a student has a substantially limiting impairment.”

A school also cannot determine a student ineligible based on a condition that comes and goes. Students with health conditions that are episodic or fluctuate, like sickle cell disease, Tourette’s Syndrome, or bipolar disorder, might qualify for Section 504 protections, even if they appear unaffected on some school days.  According to OSPI, “An impairment that is episodic or in remission remains a disability if, when in an active phase, this impairment substantially limits a major life activity.”

Section 504 Dispute Resolution Options

When navigating disagreements with a school’s decisions, it’s important for parents to know their rights and the resources available to them. The Section 504 Notice of Parent Rights is the procedural safeguards for student and parent rights under Section 504. It is available for download in multiple languages from OSPI. This document outlines the various options for resolving disputes between families and school districts. Understanding these rights can empower parents to advocate effectively for their children.

If they disagree with the methods, findings, or conclusions from a district evaluation, families have the right to request an Independent Educational Evaluation (IEE) at school district expense. The district is required to provide information on where to obtain an IEE and the guidelines to follow. Should the district refuse the IEE, they have 15 calendar days to either initiate a due process hearing or agree to fund the IEE. PAVE offers a downloadable sample letter for requesting an Independent Educational Evaluation. Being aware of these steps ensures that parents can take timely action to support their child’s educational needs.

Anyone can file a complaint about discrimination involving students with disabilities in a Washington public school, which is prohibited by Washington law (RCW 28A.642.010). A civil rights complaint can be filed at the local, state, or federal level. Here are resources related to those three options:

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

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. Schools are required to address students’ behavioral health needs and limit use of punitive discipline.

Unfortunately, not all students are adequately supported. State data indicate that students with disabilities are 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 within Washington State and nationwide.

A Brief Overview

Introduction

By many state and national measures, children’s behavioral health worsened during the pandemic and many children are developmentally behind in social, emotional, and behavioral skills. Governor Jay Inslee on March 14, 2021, issued an emergency proclamation declaring children’s mental health to be in crisis. At the same time, many schools and behavioral health agencies struggle to meet rising demand for services. PAVE provides a toolkit with further information about options for assisting children and young people with behavioral health conditions and ways to advocate for system change in Washington State.

This article provides information about school discipline. Keep in mind that disability rights protect individuals with all disabilities, including behavioral health disabilities. School policies and practices related to discipline may not discriminate against students, regardless of the nature or severity of the disability condition. Federal and state laws require that students with disabilities receive support and individualized instruction to help them meet behavioral expectations (WAC 392-172A-03110).

Federal and state guidance is written for schools and can help families too

This article includes links to various federal and state guidance documents that are written primarily to help school leaders follow laws that protect the rights of students with disabilities. Families and community members can refer to this guidance and work to help ensure that their local schools follow the law. When this does not happen, families and community members can use the dispute resolution process and incorporate federal and state guidance to support their advocacy efforts.

Dispute Resolution options related to IEP process are described in Procedural Safeguards. Dispute Resolution options when there are civil rights issues are described in the Section 504 Notice of Parent Rights. Both links connect to places where these documents are downloadable in various languages.

Key guidance and legal protections

Here are key state and national resources related to school discipline:

Washington State’s Office of Superintendent of Public Instruction (OSPI) provides information about Discipline Procedures for Students Eligible to Receive Special Education Services.

The Office of Special Education Programs (OSEP) within the US Department of Education issued a guidance letter July 19, 2022, that describes federal work underway to improve behavioral supports and reduce use of disciplinary removal nationwide. OSEP’s Dear Colleague Letter includes links to a Q and A document about disciplinary requirements and A Guide for Stakeholders, describing best practices to support behavior.

Also in July 2022, the US Department of Education’s Office for Civil Rights (OCR) issued guidance about the rights of students with behavioral health needs. Available in multiple languages, the downloadable booklet is titled: Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973.

In a Dear Colleague letter published with OCR’s guidance on July 19, 2022, Catherine E. Lhamon, Assistant Secretary for Civil Rights, calls out problems related to disability discrimination. “An important part of [OCR’s] mission is to ensure that students are not denied equal educational opportunity or subjected to discrimination based on their disabilities, including through the improper use of discipline,” Sec. Lhamon wrote.

Behavior support is part of FAPE

The right to appropriate behavioral supports is part of a student’s right to a Free Appropriate Public Education (FAPE), which requires services and supports designed to meet identified needs so students with disabilities can access what non-disabled students access without individualized services.

OCR’s guidance includes information about what schools must provide to serve FAPE, including the responsibility to offer regular and/or special education, and related aids and services, that “are designed to meet the student’s individual educational needs as adequately as the needs of students without disabilities are met.”

Qualified personnel are required for FAPE: “Schools must take steps to ensure that any staff responsible for providing a student with the services necessary to receive FAPE understand the student’s needs and have the training and skills required to implement the services. A school’s failure to provide the requisite services is likely to result in a denial of FAPE.”

FAPE violations under Section 504 relate to fundamental disability rights. Denial of those rights is considered disability discrimination, which OCR defines as “excluding, denying benefits to, or otherwise discriminating against a student based on their disability, including by denying them equal educational opportunity in the most integrated setting appropriate to their needs.”

Federal framework for student rights

Families can empower themselves to understand these rights and resources and 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).
  • Section 504 protects all students with disabilities within the public school system, including those with Section 504 Plans, those with IEPs, and those with known or suspected disability conditions that make schools responsible to evaluate them. The right to a non-discriminatory evaluation is protected by Section 504 and by IDEA’s Child Find Mandate.
  • Section 504 applies to elementary and secondary public schools (including public charter schools and state-operated schools), public school districts, State Educational Agencies (OSPI is the SEA for WA State), and private schools and juvenile justice residential facilities that receive federal money directly or indirectly from the Department of Education. Private schools that do not receive federal funding are not bound by IDEA.
  • Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin. According to its July 2022 guidance, OCR can investigate complex complaints: “OCR is responsible for enforcing several laws that prohibit schools from discriminating based on disability; race, color, or national origin; sex; and age. A student may experience multiple forms of discrimination at once. In addition, a student may experience discrimination due to the combination of protected characteristics, a form of discrimination often called intersectional discrimination. Some instances of intersectional discrimination may stem from a decisionmaker acting upon stereotypes that are specific to a subgroup of individuals, such as stereotypes specific to Black girls that may not necessarily apply to all Black students or all girls. When OCR receives a complaint alleging discrimination in the use of discipline under more than one law, OCR has the authority to investigate and, where appropriate, find a violation under any law in its jurisdiction.” [emphasis added]
  • Contact the Office for Civil Rights (OCR) at OCR@ed.gov or by calling 800-421-3481 (TDD: 800-877- 8339).

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. Shortened school days and informal removals—like when the school calls parents to have a child taken home for their behavior—are forms of exclusionary discipline unless there is a school-and-family meeting in which an alternate placement or schedule is chosen to best meet the needs of the student. 

If such a meeting does take place, the school and family team are responsible to make decisions about program and placement that are individualized. Schools may not unilaterally decide, for example, that all students with certain behavioral characteristics should attend a specific school or program. According to OCR, “A school district would violate Section 504 if it had a one-size-fits-all policy that required students with a particular disability to attend a separate class, program, or school regardless of educational needs.”

Seclusion and restraint may not be used as punishment

Seclusion (also called isolation) and/or restraint are emergency responses when there is severe and imminent danger. Federal guidance emphasizes that these practices may never be used as punishment or discipline:

“OSEP is not aware of any evidence-based support for the view that the use of restraint or seclusion is an effective strategy in modifying a child’s behaviors that are related to their disability. The Department’s longstanding position is that every effort should be made to prevent the need for the use of restraint or seclusion and that behavioral interventions must be consistent with the child’s rights to be treated with dignity and to be free from abuse.”

More information about isolation and restraint is included later in this article.

Exclusionary discipline may violate FAPE, including for students not yet receiving services

A student with an identified disability may be suspended for a behavioral violation that is outlined in district policy. The student “code of conduct” usually explains what it takes to get into trouble.

Schools are limited in their ability to exclude students from school because of behaviors that “manifest” (arise or express) from disability. Federal and state guidance is for schools to suspend students only if there are significant safety concerns.

If a student with disabilities has unmet needs and is consistently sent home instead of helped, the school may be held accountable for not serving the needs. According to OCR, disability discrimination can include instances when there is reasonable suspicion that a disability condition is impacting behavior, but the student is not properly evaluated to see if they are eligible for services and what services they may need.

The right to evaluation is protected by Child Find, which is an aspect of the IDEA, as well as Section 504 of the Rehabilitation Act of 1973. OCR guidance includes information that schools may need to train or hire experts to meet federal requirements: “To ensure effective implementation of its evaluation procedures, a school may need to provide training to school personnel on when a student’s behaviors, or other factors, indicate the need for an evaluation under Section 504.”

A student with a disability that impacts their learning is entitled to FAPE. Again, FAPE stands for Free Appropriate Public Education. FAPE is protected by Section 504 and by IDEA. FAPE is what a student with disabilities is entitled to receive and what schools are responsible to provide.

OCR provides these places to look for data demonstrating a need to evaluate and determine whether a student is entitled to the rights and protections of FAPE:  

  • Information or records shared during enrollment
  • Student behaviors that may harm the student or another person
  • Observations and data collected by school personnel
  • Information voluntarily provided by the student’s parents or guardians
  • The school’s own disciplinary or other actions indicating that school personnel have concerns about the student’s behavior, such as frequent office referrals, demerits, notes to parents or guardians, or use of restraints or seclusion
  • Information that a previous response to student behavior by school personnel resulted in repeated or extended removals from educational instruction or services, or that a previous response (such as a teacher’s use of restraints or seclusion) traumatized a student and resulted in academic or behavioral difficulties

Schools are required to take assertive action to evaluate a student and/or reconsider the services plan if the student is consistently missing school because of their behavior. OCR guidance clearly states that schools cannot use resource shortages as a reason to deny or delay an evaluation:

“OCR would likely find it unreasonable for a district to delay a student’s evaluation because it does not have sufficient personnel trained to perform the needed assessments and fails to secure private evaluators to meet the need. In addition, the fact that a student is doing well academically does not justify the school denying or delaying an evaluation when the district has reason to believe the student has a disability, including if the student has disability-based behavior resulting in removal from class or other discipline (e.g., afterschool detentions).”

Parents can request an evaluation any time

OCR’s guidance states that parents can request an evaluation at public expense any time. “Section 504 does not limit the number of evaluations a student may reasonably request or receive. The student’s parent or guardian is entitled to notice of the school’s decision and may challenge a denial of their request under Section 504’s procedural safeguards.”

Despite a parent’s right to request an evaluation, the school is responsible to evaluate a child if there is reason to believe a disability is disrupting education: “While parents or guardians may request an evaluation, and schools must respond to any such requests, the responsibility to timely identify students who may need an evaluation remains with the school.”

Procedural Safeguards include detail about the evaluation process and the right to an Independent Educational Evaluation (IEE) if the district’s evaluation is incomplete or if parents disagree with its conclusions or recommendations.

Manifestation Determination

Schools are required to document missed educational time and meet with family to review the student’s circumstances. These requirements are related to the provision of FAPE (Free Appropriate Public Education) for students with disabilities. If the time a student with disabilities is removed from their academic placement for discipline adds up to 10 days, the school is required to host a specific meeting called a Manifestation Determination.

OCR guidance states that discussion about what happened and what to do next must be made by a team of people knowledgeable about the student’s needs and disability: “If a single person, such as a principal who is in charge of the school’s general disciplinary process for all students, alone determined whether a student’s behavior was based on the student’s disability, such a unilateral decision would not comply with Section 504.”

The Manifestation Determination requirement includes informal or “off book” removals from school. For example, if the school calls and directs parents to take a child home because of behavior, that missed educational time counts toward the 10 days. Parents can request paperwork to document the missed time to ensure compliance with this requirement. OCR guidance includes this statement:

“OCR is aware that some schools informally exclude students, or impose unreasonable conditions or limitations on a student’s continued school participation, as a result of a student’s disability-based behaviors in many ways, such as:

  • Requiring a parent or guardian not to send their child to, or to pick up their child early from, school or a school-sponsored activity, such as a field trip;
  • Placing a student on a shortened school-day schedule without first convening the Section 504 team to determine whether such a schedule is necessary to meet the student’s disability-specific needs;
  • Requiring a student to participate in a virtual learning program when other students are receiving in-person instruction;
  • Excluding a student from accessing a virtual learning platform that all other students are using for their instruction;
  • Informing a parent or guardian that the school will formally suspend or expel the student, or refer the student to law enforcement, if the parent or guardian does not: pick up the student from school; agree to transfer the student to another school, which may be an alternative school or part of a residential treatment program; agree to a shortened school day schedule; or agree to the use of restraint or seclusion; and
  • Informing a parent or guardian that the student may not attend school for a specific period of time or indefinitely due to their disability-based behavior unless the parent or guardian is present in the classroom or otherwise helps manage the behavior (e.g., through administering medication to the child).

“Depending on the facts and circumstances, OCR could find that one or more of these practices violate Section 504.”

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. For state-specific information, 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 may constitute a “change of placement” if there is a pattern to the removals and the behaviors are similar in nature (WAC 392-172A-05155). In those situations, 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.

Note that Manifestation Determination is a distinct process for students with known or suspected disabilities and is separate from general education disciplinary hearings or procedures. Under federal requirements (IDEA Sec. 300.530 (e)), the behavior must be determined to manifest from disability if the IEP Team determine that the behavior was:

  1. Caused by, or had a direct and substantial relationship to, the student’s disability
  2. The direct result of the school’s failure to implement the IEP, including situations where the child did not consistently receive all services required by their IEP

A behavior support plan is best practice

During a Manifestation Determination meeting, a student’s circumstances and services are reviewed. An IEP can be amended to provide additional support and a Functional Behavioral Assessment is planned to gather information for a Behavior Intervention Plan (BIP). If the student has a BIP that isn’t working, the plan can be changed. See PAVE’s video: Behavior and School: How to Participate in the FBA/BIP Process.

For students without IEP services, a Manifestation Determination meeting can initiate or expedite an educational evaluation in addition to an FBA. If the school district knew or should have known that the student needed special education services and did not initiate an evaluation, Child Find violations may apply.

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.

A shortened school day may be a suspension

If the school reduces a student’s schedule because of difficult-to-manage behaviors, the change could be considered a suspension and the missed educational time could count toward a Manifestation Determination process. OSPI provides this information in a Technical Assistance Paper (TAP #2):

“A decision to shorten a student’s school day in response to a behavioral violation would constitute a suspension under general state discipline regulations (WAC 392-400-025).

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

OSEP’s federal guidance explains that a shortened school day is a disciplinary removal unless the IEP team has explored all options to serve the student with a full day and agreed that a shortened day is the only adequate option so the student can benefit from their Free Appropriate Public Education (FAPE):

“[The] practice of shortening a child’s school day as a disciplinary measure could be considered a denial of FAPE if the child’s IEP Team does not also consider other options such as additional or different services and supports that could enable a child to remain in school for the full school day.”

OCR’s guidance points out that a shortened school day is an example of a significant change of placement, and that placement changes require a re-evaluation process: “Section 504 requires reevaluations on a periodic basis, in addition to a subsequent evaluation before any significant change in placement.”

A school’s decision to keep a student out of school is separate from a student or family decision for the student to stay home to care for their mental health. In 2022, the Washington Legislature passed HB 1834, which establishes a student absence from school for mental health reasons as an excused absence.

Alternative learning options for longer suspensions

If a student’s behavioral violation includes weapons or illegal substances, or causes severe injury, the school can remove the student from their placement for longer than 10 days, regardless of their disability. Those situations are referred to as “Special Circumstances.”

Some Section 504 protections do not apply when a school disciplines a student with a disability because of current drug or alcohol use. According to OCR, “Schools may discipline a student with a disability who is currently engaging in the illegal use of drugs or the use of alcohol to the same extent that the school disciplines students without disabilities for this conduct.”

OCR goes on to say that Section 504 protections apply to students who:

  1. Successfully complete a supervised drug rehabilitation program or are otherwise rehabilitated successfully and no longer engaging in the illegal use of drugs
  2. Are participating in a supervised rehabilitation program and are no longer using
  3. Were erroneously [incorrectly] regarded as engaging in substance use

Under Special Circumstances, a student might shift into an Interim Alternative Educational Setting (IAES) for up to 45 school days, regardless of whether the violation was caused by disability related behaviors. The following information from federal law uses a couple of acronyms not previously defined in this article:

  • SEA is a State Educational Agency (OSPI is the SEA for Washington State)
  • LEA is a Lead Educational Agency, which in our state refers to a school district

Under federal law (34 C.F.R. § 300.530(g)):

School personnel may consider removing a child with a disability from their current placement and placing them in an IAES for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child’s disability if the child:

  1. Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of an SEA or an LEA
  2. Knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA
  3. Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA

The temporary setting (IAES) is chosen by the IEP team and must support the student’s ongoing participation in the general education curriculum as well as progress toward IEP goals. As appropriate, the student’s behavior is assessed through the Functional Behavioral Assessment (FBA—see below) while they are learning in the alternate setting, so a behavior plan is in place to prevent future problems when the student returns to their regular schedule and classes.

If the school pursues a threat/risk assessment, they are required to safeguard a student’s right to be treated in non-discriminatory ways. According to OCR, “Schools can do so by ensuring that school personnel who are involved in screening for and conducting threat or risk assessments for a student with a disability are aware that the student has a disability and are sufficiently knowledgeable about the school’s FAPE responsibilities so that they can coordinate with the student’s Section 504 [or IEP] team….

“For example, the Section 504 [or IEP] team can provide valuable information about: the nature of the student’s disability-based behaviors and common triggers; whether the student has been receiving behavioral supports, and, if so, the effectiveness of those supports; and specific supports and services that may be able to mitigate or eliminate the risk of harm without requiring exclusion from school.”

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. According to OCR, “Individualized behavioral supports may include, among other examples: regular group or individual counseling sessions, school social worker services, school-based mental health services, physical activity, and opportunities for the student to leave class on a scheduled or unscheduled basis to visit a counselor or behavioral coach when they need time and space to ‘cool down’ or self-regulate.”

Regardless of whether the student has previously qualified for services, best practice is for the school to conduct a Functional Behavioral Assessment (FBA) following a significant disciplinary action. 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.  

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

Here are links to OSPI’s model forms for:

When a student’s behaviors aren’t working, there’s an opportunity for learning

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 and other behavioral health supports can be written into an IEP as related services. When included in a student’s IEP as educationally necessary for FAPE, a school district is responsible to provide and fund those services. If they participate in the state’s School-Based Health Services (SBHS) program, 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.

Keep in mind that participation in MTSS does not replace a school’s responsibility to evaluate a student with a known or suspected disability that is impacting their access to education.

PAVE provides resources to support families and schools:

Washington is a local control state

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.

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.

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
  • Require schools to excuse absences related to mental health (HB 1834)
  • 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

Guidance related to isolation and restraint

The state has specific rules related to the use of isolation (sometimes called seclusion) 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.

In simpler words, isolation and restraint are an emergency action for safety and cannot be used to punish a student. The isolation or restraint ends the moment the safety threat has passed, not after everything is all better.

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 for disciplinary removal

Schools are required to provide a report to the parent/guardian and to the state any time disciplinary or emergency actions are taken.

The Washington Administrative Code (WAC 392-400-455) describes what is required in a notice to students and parents when a student is suspended or expelled from school:

  • Initial notice. Before administering any suspension or expulsion, a school district must attempt to notify the student’s parents, as soon as reasonably possible, regarding the behavioral violation.
  • Written notice. No later than one school business day following the initial hearing with the student in WAC 392-400-450, a school district must provide written notice of the suspension or expulsion to the student and parents in person, by mail, or by email. The written notice must include:
    • A description of the student’s behavior and how the behavior violated the school district’s policy adopted under WAC 392-400-110;
    • The duration and conditions of the suspension or expulsion, including the dates on which the suspension or expulsion will begin and end;
    • The other forms of discipline that the school district considered or attempted, and an explanation of the district’s decision to administer the suspension or expulsion;
    • The opportunity to receive educational services during the suspension or expulsion under WAC 392-400-610;
    • The student’s and parents’ right to an informal conference with the principal or designee under WAC 392-400-460;
    • The student’s and parents’ right to appeal the suspension or expulsion under WAC 392-400-465, including where and to whom the appeal must be requested;
    • For a long-term suspension or expulsion, the opportunity for the student and parents to participate in a reengagement meeting under WAC 392-400-710
  • Language assistance. The school district must ensure the initial and written notices required under this section are provided in a language the student and parents understand, which may require language assistance for students and parents with limited-English proficiency under Title VI of the Civil Rights Act of 1964.

Reporting requirements for isolation/restraint

The state has similar reporting requirements when a student is isolated or restrained at school. 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.”

Procedural Safeguards: Student and Parent Rights in Special Education

A Brief Overview:

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

Full Article

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

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

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

Prior Written Notice

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

Parental Consent

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

Independent Educational Evaluation

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

Confidentiality of Information

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

Dispute Resolution

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

Disciplinary Protections

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

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

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

Protections for Students Not Yet Eligible for Special Education

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

Requirements for Placement in Private Schools

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

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

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

Procedural Safeguards under Section 504

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

Conclusion

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

Additional Resources:

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

2024 Law in Washington State Requires Daily Recess for Children in Public Schools  

A Brief Overview: 

  • A 2024 Washington State law requires daily recess for children in grades K-5 and for 6th graders who go to an elementary school starting in the 2024-2025 school year. 
  • 30 minutes minimum of daily recess within the school day is required when school days are 5 hours or longer. 
  • Daily recess MUST be supervised, student-directed and aim to be safe, inclusive and high quality. 
  • Daily recess should NOT be denied as a form of discipline, or to punish, or to motivate children to finish school-related work. 

Full Article:  

Rain or shine, “well behaved or not”, daily recess is a very important part of education for every child going to school. And now it is required by the new Washington State Daily Recess Law, RCWA 28A 230.295. When school days are 5 hours or longer, schools are now required to give a minimum of 30 minutes of recess for kids in kindergarten through fifth grade and for sixth graders that go to elementary school. There are more requirements for schools about recess, listed later in this article. 

Why is Recess Important?  

According to the U.S. Centers for Disease Control and Prevention (CDC), recess helps children in many ways. It increases physical movement, improves memory, attention, and children’s ability to concentrate. Recess also helps children stay focused in classrooms and it even decreases behaviors that are distracting in school. Important social and emotional skills of children, like sharing, improve with recess. 

The Washington State Legislature created the Daily Recess Law, which states:  

“The legislature recognizes that recess is an essential part of the day for elementary school students. Young students learn through play, and recess supports the mental, physical, and emotional health of students and positively impacts their learning and behavior. Given the state’s youth mental health and physical inactivity crisis, as well as learning loss due to the COVID-19 pandemic, recess is vital to support student well-being and academic success.” 

The 2024 law requires: 

  • Daily recess MUST be supervised, student-directed and aim to be safe, inclusive and high quality.  
  • Recess that takes place before or after school hours does not count towards following the law; the law’s requirement for daily recess must happen during school hours. 
  • The time it takes for children to change into “outdoor clothes” should not be part of the 30-minute recess. 
  • Recess should be a time for play and physical activity. For example, playing organized games would be acceptable, but it would not be okay to allow students to use screens such as phones, tablets or computers.  
  • Recess should also happen outdoors. However, if indoor recess is needed, schools must encourage physical movement in a part of the school that can be used for physical activity.  
  • Recess time cannot count toward physical education requirements. 
  • If a school cannot meet these requirements, the Office of the Superintendent of Public Instruction (OSPI) can waive (decide not to enforce) this law during the 2024-25 school year.   

Finally, the legislature makes clear in the “Intent” section of the law: school employees should not keep any child from daily recess as a form of punishment or as part of a disciplinary plan or to motivate them to finish school-related work.   

The law goes into effect at the beginning of the 2024-2025 school year. Some school administrators, teachers, and especially substitute teachers, might not yet know about the law and how it applies to recess. If you learn your child missed recess at school and you are concerned that your child’s school may not know about the Daily Recess Law, here are some possible steps to take: 

  • You can contact the school principal to find out if staff and educators are ready to use the law. If not, you may suggest they share information about the law with the rest of the school staff, especially substitute teachers.  
  • If, after allowing time for the school administration to inform teachers (possibly a few weeks) and your child is still sometimes missing daily recess, you may contact your child’s teacher to find out why recess is being missed and tell them what the law says about recess. 
  • Follow up phone calls made to the school with an email so there is a written record of what was said, including links to the law. 

If your child was kept out of recess due to behavior, in addition to reminding the school that denying recess should not be used for discipline, you may want to read PAVE’s article on “What Parents Need to Know when Disability Impacts Behavior and Discipline at School.” This article includes resources and information about student rights, school responsibilities and more related to the key idea that “behavior is a form of communication, and children often try to express their needs and wants more through behavior than words.”    

For additional support, you can always reach out to a PAVE staff member by visiting PAVE’s website and completing the online Help Request Form 

More resources: 

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. 
  • 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. The holiday season 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,” Schmitz says. “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.” 

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 
  1. Provide many opportunities for practice 
  1. 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 —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 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: 

The Comprehensive, Integrated Three-Tiered Model of Prevention (ci3t.org) provides videos and other Related Resources for Families in English and Spanish (scroll down the page to find the Resources for Families). 

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 

Myth and Misunderstanding in Special Education

A Brief Overview

  • Everyone has moments when they hear something and pause to wonder, Is that true? This article and its companion videos describe some special education topics that may be misunderstood. Included is an explanation of what is fact.
  • Topics relate to special education eligibility, placement, support personnel, bullying, student discipline, and more.
  • Read on to see if there are things you haven’t quite understood about your student’s rights or educational services. PAVE hopes to empower families with information to make sure students with disabilities have their best chance for an appropriate and meaningful education.
  • The final myth described in this article is that PAVE provides advocacy on behalf of families—we don’t! But we can help you learn to be your child’s most important advocate. Click Get Help at wapave.org to request 1:1 assistance.

Full Article

Everyone has moments when they hear something and pause to wonder, Is that true?

Parents/caregivers in meetings with their child’s school can feel particularly confused when something doesn’t sound right. They might wonder whether it’s appropriate to question school authorities. They might not understand all the words being spoken. Fear of not knowing something can make it uncomfortable to speak up.

At PAVE, we encourage families to ask questions and make sure they understand the words school staff use. Ask for important answers in writing, and plan to research explanations that are confusing.

For example, if you ask for something and the school says no because of a law or policy, ask for a written copy of the relevant parts of that law or policy. Try to understand the school’s reason for saying no. Write down what you understand and send a reflective email to school staff to make sure you understand their position correctly.

Having everything in writing is important, especially if filing a complaint is a possible next step.

This article describes myths and misunderstandings some people might experience when navigating school-based services for students with disabilities. These topics apply to students with Individualized Education Programs (IEPs), students with Section 504 Plans, and students with possible disability conditions impacting their educational access.

Parent Participation

MYTH: The school must hold a meeting without a parent if the parent is unavailable before an annual renewal deadline because the student’s IEP, 504 Plan, or eligibility will expire or lapse.
FACT: Parent participation is a higher priority than deadlines. Schools are required to accommodate parents/caregivers to ensure their attendance and participation at meetings where their child’s special education services are discussed. Those rights are affirmed in a court decision from 2013: Doug C. Versus Hawaii. If a meeting is delayed because a family member is temporarily unavailable because of illness, work, travel, or something else, services continue uninterrupted until the meeting. PAVE provides an article: Parent Participation in Special Education Process is a Priority Under Federal Law.

Evaluation

MYTH: The school is not required to evaluate a student who gets passing grades.
FACT: If there is a known or suspected disability condition that may be significantly impacting a student’s access to any part of their education—academic, social-emotional, behavioral, or something else—then the school district is responsible under Child Find to evaluate the student to determine eligibility for services and support. Child Find is an aspect of federal law, the Individuals with Disabilities Education Act (IDEA).

MYTH: Section 504 doesn’t apply for a student without a plan or program.
FACT: Section 504, which is part of the federal Rehabilitation Act of 1973, includes protections for students with suspected or known disability conditions that warrant evaluation. For example, if a student consistently misses school for reasons that may be connected to disability, the school may be accountable under the civil rights protections of Section 504 if an evaluation referral isn’t initiated.

MYTH: Section 504 eligibility does not involve an evaluation.
FACT: An evaluation process is required to determine whether a student has a disability condition impacting a major life activity. That evaluation process may include a review of grades, test scores, attendance, health room visits, parent and student input, teacher observations, medical or psychological evaluations, special education data, medical information, and more. If the student meets criteria, evaluation documents are used to support the design of accommodations and other individualized supports to ensure equity. The state provides a family-friendly handout, downloadable in multiple languages, to describe 504 eligibility, evaluation process, plan development, and civil rights complaint options.

Medical Diagnosis

MYTH: A student cannot be identified as eligible for services under the autism category unless they have a medical diagnosis of autism.
FACT: If there is a suspected disability condition and reason to believe there is a significant educational impact, the school is responsible under Child Find to evaluate the student to determine eligibility for services. Schools have evaluation tools to determine characteristics of autism, its possible educational impacts, and student needs. Medical information might help an IEP team design interventions, but families are not required to share medical information with the school, a medical diagnosis is not required, and doctors may not “prescribe” an IEP.

Placement

MYTH: Special Education is a location within the school.
FACT: Special Education is a Service, Not a Place, and PAVE provides an article by that title to further explain a student’s right to educational services in general education—the Least Restrictive Environment (LRE)—to the maximum extent appropriate.

MYTH: The school district is in charge of placement decisions.
FACT: The IEP team determines a student’s placement. If placement in general education, with support, is not meeting the student’s needs, the IEP team is responsible to locate or design a placement that best supports the student in accessing their Free Appropriate Public Education (FAPE). Placement might be general education, a segregated classroom setting where special education services are provided, day treatment, alternative learning environment, residential, home-based, something else, or a combination of any of these options. Once an IEP team designs a placement, the school district has some leverage in choosing a location. For example, if an elementary-age student who is struggling to read needs individualized services from a reading specialist, the district might bus them to a school in another neighborhood where a specially trained teacher provides reading instruction in a smaller classroom. The district doesn’t have to offer every placement or service within every building, but it does need to serve the IEP as written by the IEP team.

MYTH: Preschool IEPs are not required to serve students in the Least Restrictive Environment to the maximum extent appropriate.
FACT: An IEP is required to serve a student with a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE), to the maximum extent appropriate, regardless of age or grade level. WAC 392-172A-02050 provides specific language about state requirements for LRE, including for preschool students.

Adult Aids at School

MYTH: A 1:1 creates a “restrictive environment” for a special education student.
FACT: Least Restrictive Environment (LRE) refers to placement. A helper is an aid, not a placement. Supplementary aids and services, including 1:1 support from an adult staff member, may support access to the Least Restrictive Environment (LRE) for some students. If having a 1:1 enables a student to appropriately access learning in the general education setting, then that support is provided to ensure FAPE (Free Appropriate Public Education). FAPE within LRE is required by federal special education law, the Individuals with Disabilities Education Act (IDEA).

MYTH: Support personnel should regularly rotate in their roles to ensure a student does not become “dependent” on specific individuals or relationships.
FACT: Healthy interpersonal relationships enable humans of any age to feel safe and secure. Because of the way our brains work, a person doesn’t learn well when a fight/flight nervous system response is activated. Connecting to trusted adults and receiving consistent help from safe, supportive people enhances learning. PAVE provides a collection of articles about Social Emotional Learning (SEL) and Washington State’s SEL Standards.

Section 504

MYTH: A 504 Plan is a watered down IEP.
FACT:
Section 504 is part of a civil rights law called the Rehabilitation Act, passed by the US Congress in 1973. The anti-discrimination protections of Section 504 apply to any person identified as having a disability condition that impacts their life in a significant way. Public agencies, including schools, are responsible to provide individualized accommodations and support to enable the person with a disability to access the service, program, or building in a way that affords them an equitable chance to benefit from the opportunity. A 504 Plan at school ensures the right to a Free Appropriate Public Education (FAPE). Section 504 FAPE rights are upheld by the US Department of Education’s Office for Civil Rights. PAVE provides a video series: Student Rights, IEP, Section 504 and More.

MYTH: Section 504 doesn’t apply to a student with an IEP
FACT: Section 504 protections apply to students with IEPs and those with Section 504 Plans. The civil rights protections of Section 504 are threaded throughout the IEP, especially within sections that describe accommodations and modifications. Section 504 includes specific provisions to ensure students are not discriminated against within student discipline, by unmitigated bullying, or through denial of support that is needed for access to what non-disabled students access without support. All aspects of school are protected, including athletic events, field trips, enrichment activities, specialized learning academies, and more—everything the school is offering to all students. PAVE provides a comprehensive article about Section 504 and its protections for all students with disabilities.

MYTH: If the student has found ways to cope with their disability, they don’t need support.
FACT: Section 504 forbids schools from using “mitigating measures” to justify denial of evaluation or support. A mitigating measure is a coping mechanism—for example, a deaf student who reads lips or a student with an attention deficit whose symptoms are improved by medication. PAVE’s article about Section 504 provides more detail about mitigating measures.

Bullying

MYTH: The best way to help a student with a disability who is being bullied is to remove them from the bully’s classroom.
FACT: Section 504 protects a student with disabilities in their right to be protected from bullying. That means the school must stop the bullying and support the victim to feel safe again. Schools may not punish or disadvantage the victim. OCR says: “Any remedy should not burden the student who has been bullied.” PAVE provides a video: Bullying at School: Key Points for Families and Students with Disabilities.

MYTH: An informal conversation is the best way to address bullying.
FACT: The best way to hold a school accountable to stop bullying and support the victim is to file a formal HIB Complaint. HIB stands for Harassment, Intimidation, and Bullying. Washington State’s 2019 Legislature passed a law that requires school districts to write formal HIB policies and appoint a HIB Compliance Officer to spread awareness and uphold the laws. Families can contact their district’s HIB Compliance Officer for support with a complaint and to ensure student civil rights are upheld.

IEP Goals and Process

MYTH: An IEP provides education to a student with a disability.
FACT: An IEP is not the student’s education. An IEP provides educational services to enable a student to access their education. IEP goals target areas of learning that need support in order for the student to move toward grade-level curriculum and learning standards. Included are services for academics, adaptive skills, social-emotional skills, behavior—all areas of learning that are impacted by disability.

MYTH: If an IEP team agrees to change something about a student’s services or placement, the team must submit that idea to the district for approval or denial.
FACT: An IEP team has decision-making authority. The team is required to include a person knowledgeable about district resources (WAC 392-172A-03095) so decisions about program and placement can be made at the meeting. If a required IEP team member is not in attendance, the family participant must sign consent for the absence. The family can request a new meeting because a key team member, such as a district representative, is missing. PAVE provides more information and a Sample Letter to Request an IEP meeting.

Behavior and Discipline

MYTH: A Functional Behavioral Assessment (FBA) is used to figure out how to discipline a student more effectively.
FACT: An FBA is an evaluation focused on behavior. It helps IEP teams understand the needs behind the student’s behavior. A Behavior Intervention Plan (BIP) is built from the FBA to provide positive behavioral supports, teach new or missing skills, and reduce the need for discipline. PAVE provides a video about the FBA/BIP process.

MYTH: A school isn’t responsible to track exclusionary discipline if a parent agrees to take the child home and no paperwork is filed when the school calls to report a behavior incident.
FACT: “Off books” or informal suspensions count as exclusionary discipline for students with disabilities. If a student with a disability misses more than 10 cumulative days of school because of their behavior, the school is responsible to hold a manifestation determination meeting to decide whether the behaviors are directly connected to the disability and whether school staff are following the IEP and/or behavior plan. If services or placement need to change, this formal meeting is a key opportunity to make those changes. PAVE provides a video: Discipline and Disability Rights: What to do if Your Child is Being Sent Home.

Privacy

MYTH: A parent or provider who visits school to support or evaluate an individual student is violating the privacy rights of other students just by being there.
FACT: Federal laws protect private medical or educational records. Visiting a classroom or other school space should not expose student records for inappropriate viewing. The Department of Education provides a website page called Protecting Student Privacy to share resources and technical assistance on topics related to the Family Educational Rights and Privacy Act (FERPA). The confidentiality of medical records is protected by the Health Insurance Portability and Accountability Act (HIPAA). Understanding HIPAA and FERPA can help parents /caregivers ask their school for documented explanations whenever these laws are cited as reasons for a request being denied.

Literacy

MYTH: Schools cannot provide individualized instruction in reading through a student’s IEP unless the student is diagnosed by a medical provider as having dyslexia.
FACT: No medical diagnosis is needed for a school to evaluate a student for any suspected disability that may impact access to learning and school. An educational evaluation might show that a student has a Specific Learning Disability in reading, with characteristics of dyslexia. When a disability that impacts education is identified through evaluation, the school is responsible to provide services to meet the identified needs and enable appropriate progress. PAVE provides an article: Dyslexia Screening and Interventions: State Requirements and Resources and a video: Supporting Literacy for Students with Learning Disabilities.

Graduation

MYTH: The school has to withhold credits for a student to receive services beyond a traditional senior year.
FACT: Credits do not need to be withheld, and a student doesn’t automatically earn a diploma by reaching the required number of credits. The IEP team determines the target graduation date for a student receiving services through an IEP and how transition programming for a student ages 18-21 might support learning and life planning. Receiving the required number of credits is only part of what a student needs to earn a diploma, and the IEP team individualizes a plan for the student with a disability to earn their diploma within the state’s options for graduation pathways. PAVE provides a Toolkit for life after high school planning.

Private School and Home School

MYTH: Public schools do not have to do anything for students with disabilities who are home schooled or enrolled in private schools by parent choice.
FACT: Child Find applies to all students with known or suspected disabilities who live within a district’s boundaries, including those who are home schooled or enrolled in private schools. Child Find means the public district is responsible to seek out and evaluate all students with known or suspected disabilities. If the student is found eligible for services, parents/caregivers can choose to enroll the student in the public school to receive special education services, even if the primary educational setting is a private or home placement. If the student is fully educated in the private setting, by parent choice, the private school provides equitable services.

Parent Support from PAVE

MYTH: PAVE gives the best advice and advocates on behalf of families.
FACT: PAVE does not give legal advice or provide advocacy. We support families in their work.  Staff from our Parent Training and Information (PTI) program provide information and resources to empower family advocates. Our goal is to ensure that family advocates have knowledge, understand options, and possess tools they need to work with schools to ensure that student rights are upheld and the needs of students with disabilities are met. Click Get Help at wapave.org to request 1:1 assistance. Help us help you by reading your student’s educational documents and having those documents handy when you connect with us!

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

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

  • Lagging skills
  • Unsolved problems

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

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

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

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

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

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

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

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

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

Bullying at School: Key Points for Families and Students with Disabilities

Transcript of this video is below:

When students with disabilities are bullied, schools are legally responsible to end the bullying.

By law, schools must act to restore the safety and well-being of students who are harmed by harassment, intimidation, and bullying.

Those words—harassment, intimidation, and bullying, make an acronym: HIB. This video is about HIB protections for students with disabilities.

Please note that bullying increases the risks for suicide and self-harming behaviors.

For a mental health crisis, call 988

For crisis help on topics related to sexual orientation and identity, call The Trevor Project: 866-488-7386

What law says the school has to end the bullying and help my student?

Specific anti-bullying protections for students with disabilities come from Section 504, which is part of a federal law, the Rehabilitation Act of 1973.

The civil right to be protected from bullying applies to all students with disabilities, regardless of whether they have a Section 504 Plan or an Individualized Education Program (IEP). These rights are upheld by the Office for Civil Rights—OCR.

Anyone who knows about an incident of harassment, intimidation, and bullying at school or during a school-sponsored activity can file an OCR complaint at the local, state, or federal level.

What does state law require?

Washington State’s 2019 Legislature passed a law that requires school districts to write formal HIB policies and appoint a person called a HIB Compliance Officer to spread awareness and uphold the laws.

What can parents do?

If your child is bullied at school, ask for the name of your district’s HIB Compliance Officer. Talk to that person about your options and request a HIB complaint form.

If the act included a physical assault or serious property damage, file a police report.

Request an emergency meeting of the IEP or Section 504 team to add supports for the student to ensure emotional and physical safety at school.

What counts as harassment, intimidation, or bullying?

Washington State defines a HIB violation as an intentional act that:

  • Physically harms a student or damages the student’s property
  • Has the effect of substantially disrupting a student’s education
  • Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment
  • Or has the effect of substantially disrupting the orderly operation of school

A HIB act may be electronic, written, verbal, or physical.

What does a school have to do when a child with a disability is bullied?

The Office for Civil Rights (OCR) requires schools to take immediate and appropriate action to investigate what happened. That means they talk to everyone involved and any witnesses and write a detailed report.

OCR requires the school to stop the bullying now and into the future.

OCR also says that schools must make sure the student who was bullied is helped and not further injured by actions taken in response. The victim should not be suspended, for example.

OCR says: “Any remedy should not burden the student who has been bullied.”

To learn more about federal laws and complaints, contact OCR at 800-421-3481.

Type the word Bullying or Discipline into the search bar at wapave.org to find additional resources.

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

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

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

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

Below are links to resources referenced in the video:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a few questions families may want to consider asking:

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

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

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

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

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

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

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

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

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

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

Behavioral Health and School: Key Information for Families

When a student struggles to maintain well-being, achievement at school can be a challenge. This video provides key information for families to seek school-based services for behavioral health needs. Included are two advocacy statements that this information might empower you to say in a meeting with the school:

  1. “I want to make sure my student’s rights are upheld.”
  2. “I’m providing information and resources to help the school follow the law and educational best practices.”

Included in the video is information about truancy and a new state law that schools must excuse absences for behavioral health reasons. Also included is information from the federal Office for Civil Rights (OCR), which provided new guidance in summer 2022 about school responsibility to help instead of discipline students with behavioral health needs.  

PAVE staff cannot provide advocacy or advice. We share information to empower family members and young people who do have legal advocacy rights. You can learn this information and keep in handy when you aren’t sure whether the school is following the law or educational best practices. Please be patient with yourself while you are learning this information. It can feel like a lot! As you learn a little bit at a time, you can see how your increasing knowledge shifts options and outcomes for your student.

Here are resources from this training, listed in video order:

Transcript for this video: Behavioral Health and School: Key Information for Families

When a student struggles to maintain well-being, achievement at school can be a challenge. This training provides key information for families to seek school-based services for behavioral health needs. Let’s start with two advocacy statements that this information might empower you to say in a meeting with the school.

Here s one statement to consider: I want to make sure my student s rights are upheld.

When it severely impacts a student s life and learning, a behavioral health condition may be determined to be a disability. Don t let stigma or bias get in the way. Using the term disability can be critical when you want more help for someone you care about.

Students with disabilities have rights within the special education system as well as federally protected civil rights. Any student has the right to a free public education, and those basic educational rights protect students with disabilities too, regardless of the nature or severity of a disability condition. In this training, we’re going to talk about student rights and how to use this information in your advocacy. Knowing about these rights can be the secret sauce for helping your student gets their needs met.

Here’s a second advocacy phrase to consider: I’m providing information and resources to help the school follow the law and educational best practices.  Keep in mind that best practice is to support students in their behavior as a priority over punishment.

PAVE staff cannot provide advocacy or advice, but we share information to empower family members and young people who do have legal advocacy rights. Our articles and training materials include resources from state and federal agencies. You can learn this information and keep in handy when you aren’t sure whether the school is following the law or educational best practices. Please be patient with yourself while you are learning this information. It can feel like a lot. As you learn a little bit at a time, you can see how your increasing knowledge shifts options and outcomes for your family.

Understanding student and disability rights is a place for us to begin. Education Rights are like a pyramid. Children with disabilities that make them eligible for an IEP at school have all these protections. They’re at the top. Civil Rights for people with any significant disability are in the middle. All children have educational rights that are protected at the base of the pyramid. All these rights are worth considering when a child struggles to maintain expected behavior at school. Let’s break it down a little more.

Special Education Rights are protected at the top of the pyramid by a federal law called the Individuals with Disabilities Education Act IDEA for short. The IDEA requires schools to provide an Individualized Education Program an IEP to any student with a disability condition that makes them eligible through an evaluation process. We’ll talk more about eligibility in a few moments. An IEP is built to support a student s access to education. An IEP is not the student s curriculum. Every IEP is required to support progress toward grade-level learning in ways that set an appropriately high standard in light of the student s life circumstances. IEP goals and services support the whole child and may include support for social, emotional, and behavioral skill-building not just academics.

Civil Rights are protected in the center of the pyramid. Section 504 is part of a federal law called the Rehabilitation Act, which was passed by the US Congress in 1973. This law provides disability protections for people accessing public services and spaces throughout their lives. When we talk about school-age children protected by this law, we might be talking about IEP services, or we might be talking about a 504 Plan to support them with accommodations and other support at school. A 504 Plan can travel with a person into higher education or work.

The other Civil Rights law on our pyramid is the Americans with Disabilities Act the ADA. The ADA protects individuals from disability discrimination by requiring accommodations that support equity. A person in a wheelchair, for example, has the civil right to access their job, a library, or another public building with accessible features. Accommodating behavioral health disabilities can seem more complicated, but the right to an equitable opportunity is protected for all disability conditions.

General Education Rights are protected at the bottom of our pyramid. All students have the right to a free public education that is built to help them learn and make progress toward their life plans and goals. That federal law is called ESSA, which is short for Every Student Succeeds Act. Access to education is a basic right of all children in the United States, and ESSA provides specific protections for students whose lives begin from a place of disadvantage due to poverty, language access, racism, or something else. If a student has unmet behavioral health needs and is therefore not going to school all day, every day, there may be considerations related to ESSA. Later in this presentation, we’ll talk more about shortened school days and disciplinary red flags if you have questions about whether a student s rights are being upheld.

Here’s another look at the student rights pyramid all put together. Remember that students at the top have all the protections all the way down. Any person with a disability condition that significantly impacts their life has the civil rights protections in the middle. All children are protected at the bottom. Let’s pause here so you might think about how to use this pyramid of rights in a situation you might be managing.

Here are a few questions that might help you think about how to use this information:

  Is your student s IEP built to help them access a curriculum that meets or approaches grade-level content?

  Are your child s accommodations helping them experience all that school has to offer?

  Is your student getting the benefit of a full school experience, with learning in academic, social-emotional, and behavioral skills?

You may want to pause the video and get a piece of paper to make a note for yourself about a question you have or an action you wish to take. You might think about someone at the school who might help you consider your concern or question. If you need to request a meeting with a person or your IEP or Section 504 team, make a note to remind yourself to schedule that appointment.

Let’s go deeper into some special education topics that might be important to know if a child s behavior is significantly impacting how they show up for school.

Here are four concepts that have to do with Special Education Rights.

  First is Child Find Mandate. Child Find is part of federal special education law, the IDEA. Child Find protects a student s right to be evaluated to see if they are eligible for an IEP. Child Find makes it the school s responsibility to evaluate a student if disability may be a factor in school struggles. Challenges may be academic, social, behavioral, or something else. If the school is consistently sending a child home for behavior that may be disability related, for example, they are responsible to evaluate that child and figure out what’s going on and what additional help may be needed.

  Our second concept is Referral: Anyone can refer a student to be evaluated for special education. Schools are responsible to notice children who are struggling and begin a referral process. Families and other community members can also make referrals. You don’t have to know if you are referring a child for a 504 Plan or an IEP to request an educational evaluation. Both require the school to assess the student and use data to make decisions about eligibility and services.

  Third is Eligibility. Federal special education eligibility categories are broad and include disabilities related to behavioral health. We’ll look at those options in a few minutes.

  The fourth concept listed here is Related Services. When we’re talking about children with behavioral health needs, it’s important to note that related services provided by the school may include psychological services, counseling, behavioral services, school social work services, parent training, and more.

We’re going to talk about each of these concepts with more information.

Here’s more about Child Find. The school district has an affirmative duty that means they are responsible to do this whether families ask for help or not. That duty is to seek out to look for and evaluate students who might be struggling in school because of a disability. Federal law, the IDEA, states that a disability might be known or suspected. That means the child doesn’t have to have a diagnosis from a doctor for the school to pay attention and get more information about what’s going on and what the student might need in terms of support.

If the student is struggling to learn, show up for school, stay in class without being disciplined, or participate fully in their educational opportunities, then that s called  educational impact.  If that educational impact could be disability related, then the school is responsible under Child Find to figure out what’s going on and what services or accommodations the student may need.

Students with behavioral health needs are not always identified as needing special educational services when they start school. Sometimes concerns crop up for older students because they are struggling to maintain expected behavior. They may be getting referred or suspended, or so anxious about school that they refuse to go. It’s important to figure out how behaviors might be an expression of an unmet need. If a child is too anxious to go to school, that demonstrates impact and a need for support and is not a reason to avoid evaluation, for example.

Child Find protects students of all ages in their right to be evaluated. The evaluation itself determines whether the student is eligible for an IEP, a Section 504 Plan, or other school supports that might not be special education.

Anyone with knowledge of a student can refer them for a special education evaluation.

The state educational agency, which in Washington is the Office of Superintendent of Public Instruction OSPI for short provides a form schools and families can use for referrals. A picture from page 2 of that form is on this slide.

[Click 2 times] The expanded box lists some of the physical or behavioral concerns that might be included. Attention, focus, mood swings, social challenges, and trouble with motivation are examples.

State law in Washington requires evaluation requests to be in writing. If a family member asks the school to evaluate their child, the school must provide a form to put the request into writing. The family can use whatever format they choose to document their request, and they also have the option to ask the school to help them write down their request. If the family needs a different format for language access, the school must accommodate that need.

If a student you support needs to be evaluated, take a moment to make a note. Consider whether you know who to contact at your school district. If you aren’t sure, you can go to the district website or call a general number to get the name and contact for someone from the special education services staff. Evaluation requests should go to someone at the district and an administrator at your school, such as a principal. Remember that your request must be in writing. You might mention Child Find to show that you understand your student has a right to be evaluated.

In Washington State, schools have 25 school days to respond to a special education referral. If the school schedules a meeting to discuss whether to evaluate, parents must be invited. If the school district refuses to do an evaluation, they must provide that decision in writing. Parents have the right to appeal. The school must provide a copy of the Procedural Safeguards, which describes complaint options and family and student rights. Make a note for yourself right now if you need to ask for a copy of your Procedural Safeguards.

When they agree to evaluate, the school has 35 school days to get it done. An eligible student is supposed to have an IEP in place within 30 calendar days after they are found eligible. Parents must sign consent for the evaluation and for services begin.

Note that this evaluation process can begin any time of year. A referral can be made near the end of the school year or before a holiday break, and all the school days count toward the deadlines that resume when school reopens.

Schools evaluate students to ask and answer these three questions:

  • Does the student have a disability?
  • Does the disability adversely impact education?
  • Does the student need Specially Designed Instruction which is often shortened to SDI? SDI is a unique way of teaching to meet a student s individualized needs.

If all three answers are Yes, the student gets an IEP.

If the first two are Yes and the third answer is a No, the student might get services through a Section 504 Plan. More about that later, but it’s important to know that students eligible under Section 504 need to be formally evaluated to see what’s going on and what they need.

Evaluations can collect data in many areas of development and learning, including areas related to social-emotional learning and behavior. 

A student can get an IEP by meeting criteria in any of the 13 categories listed on this slide. On the left side of the slide are categories that have the most to do with behavioral health. Keep in mind that these categories are used to identify children who need more support. They aren’t meant to label or stigmatize students and should never be used to define a student or their IEP. For example, there’s no such thing as a behavior IEP or an ED kid.

Emotional Disturbance is the name of a federal category that Washington State calls Emotional Behavioral Disability. This category is sometimes the best fit for serious emotional dysregulation or mental illness. Other Health Impairment or OHI might be the category chosen to qualify a student with anxiety or depression, or another diagnosis such as ADHD or Tourette s Syndrome. Traumatic Brain Injury and Autism are eligibility categories for students with those specific conditions.

It’s important to know that once a student is identified as eligible for services, the IEP serves the whole student. The IEP team determines what is needed and how to provide it. A new evaluation for eligibility is not necessary for every additional service. For example, if a student eligible under EBD also needs reading support, they can get that help without being reevaluated to determine eligibility in reading.

An evaluation might determine that a student needs a service from someone other than a teacher. Schools call services that lie outside the scope of traditional teaching related services.  Another term is ancillary services.  Related services help children with disabilities benefit from their special education by providing extra help and support.

This slide lists related service options that are included in federal and state laws. Many of these aren’t provided frequently in Washington schools. By becoming aware of possibilities, family advocates can use this information to ask for what they believe their student needs. A student s IEP or 504 Plan can include any of these or more than one if the school and family team decide they are educationally necessary.

Notice that psychological services, counseling, and support from a social worker are included. Also included is parent training, which might mean the school teaches parents a strategy for behavioral management or emotional regulation, for example. A related service be included in the evaluation process. If school staff cannot properly understand a serious mental illness such as schizophrenia or selective mutism, for example, an outside provider can do an assessment to inform the process and make recommendations.

PAVE provides an article with more information: Type Related Services into the search bar at wapave.org for more information

This slide has a lot of words on it, but I share it to show where many of the terms from the previous slide come from. This is wording from the Washington Administrative Code the WAC that lists related services that might be included in a student s IEP. In purple are ones from the previous slide. Psychological services, mental health counseling, and social work services are possibilities that not all schools suggest. Families can remember that school-based services are provided based on student needs, not available resources. An IEP team has the authority to custom-build a services program. Creative problem-solving might be necessary.

You can find a link to look up this WAC on the page where you found this video on PAVE s website.

Washington State’s Health Care Authority manages a program to reimburse schools for services provided to students who are eligible for Apple Health when those services are delivered as part of their IEP.

HCA s website page includes a link to this booklet published in 2022 to describe options for School-Based Health Services (SBHS). Families might ask their school if they are participating in this optional program.

In August 2022, OSPI issued guidance to remind schools and families that all IEP services, including related services, start when school starts unless the student needs something different to happen. OSPI s tip sheet includes this statement: A school district policy mandating that services for all students eligible for special education will begin at a specific time after the beginning of the school year (such as the third week of the school year) would not be consistent with the IDEA and its implementing regulations.  Remember that IDEA is the federal law that protects the rights of students with IEPs. A link to this tip sheet is provided on PAVE s website where you clicked to watch this video.

Let’s take a step back to talk about an important, odd word: FAPE. FAPE stands for Free Appropriate Public Education. You might be thinking, what’s FAPE, and why should I care?

Well, here’s a question PAVE hears a lot from parents: What does the school have to provide?

FAPE is the answer to that question! The school has to provide FAPE a Free Appropriate Public Education to students with qualifying disabilities. FAPE is the right of students with IEPs and those with Section 504 Plans, although FAPE rights are slightly different within these two options.

This is a great word to add to your advocacy vocabulary. The first part of this training included this advocacy statement: I want to make sure my student s rights are upheld. A student s rights are upheld when they get FAPE. If you don’t think your student is getting FAPE, there’s work to do.

So what does it mean to get FAPE?

The Supreme Court wrestled with that question and in 2017 issued a ruling with a bit of an answer: FAPE is provided when a student s special education program is reasonably calculated to enable a child to make progress appropriate in light of the child s circumstances.

Family advocates can talk about FAPE by asking questions about a student s progress on learning goals including those related to behavioral skills. If there isn’t solid progress, the student may not be getting FAPE.

Let’s take another look at our Student Rights Pyramid. Is there something you want to write down? How about the word FAPE? Do you have questions related to FAPE for your IEP team? Pause the video if you want to make a note.

Now we’re going to go a little deeper into the middle part of the student rights pyramid, where Civil Rights are listed.

A mental health condition, substance use disorder, or something else might impact a student s behavior in ways that significantly impact the way they show up for school. They may have civil rights protections to support their right to receive school-based services and accommodations.

The next few slides have more information about Section 504. That’s the one from the Rehabilitation Act of 1973. Section 504 is relevant in any place or program that gets tax money even just a drop.

A person of any age is eligible for protection under Section 504 if they have a disability that impacts a major life activity. Government leaders who wrote the law didn’t put limits on what that might mean. For example, Long COVID is now recognized as a disability condition with life impacts that make a person eligible for accommodations and support.

Section 504 Plans in school are written to support students when any aspect of their school experience is affected by disability. Their educational impact and needs are determined through an evaluation process, just like for an IEP. Social-Emotional Learning and Behavior are part of the evaluation process and can highlight behavioral health needs that make a student eligible for 504 protections and services.

The two questions asked through evaluation are the same as the first two questions for an IEP evaluation: Is there a disability, and is it causing significant impact?

[click] Here is a short list of life activities that might be impacted by disability: learning, reading, breathing, talking, eating, walking, toileting, socializing, thinking, attention, participation in school or another activity.

This list is endless. If someone’s life is impacted by disability, they have the right to accommodations and support, so their opportunities are not limited by disability. That’s the essence of equity when specific help makes it possible to do something that non-disabled people do without that help.

A person eligible for Section 504 Protections is accommodated to access public places, services, and opportunities.

They also can be supported with Modifications, which change the expectation. A student with anxiety around writing, for example, might show their learning with a video instead. That’s a modified assignment.

At its core, Section 504 is an anti-discrimination law. Supports should be free from stigma for example, it’s not okay to lump students with similar diagnoses into a program or space labeled by their condition. Schools are required to provide individualized services.

Remember that Section 504 protects all people with identified disability conditions, including students with 504 Plans and IEPs.

Here are a few sample accommodations and modifications that might support a student with a mental health need. Accommodations related to behavioral health may support a student s ability to take breaks, meet with preferred staff, or avoid getting called out in class. The accommodation also might reference a behavior plan that has more detail about how the student is being supported.

Again, a modification is a change in expectation. Showing understanding of concepts through an alternative medium, such as visuals or art, might be a helpful modification for some students. Others may need reduced assignments to manage their anxiety while keeping up with schoolwork.

Keep in mind that a student s plan is individualized to meet their specific, unique needs. Cutting and pasting supports from a standardized list is not best practice. The start of this video included this advocacy statement: I’m providing information and resources to help the school follow the law and educational best practices. 

Best practice is to use evaluation tools and information from school staff and family to identify a student’s strengths and needs and build a unique set of supports based on thoughtfully gathered information.

Anti-bullying measures are written explicitly into Section 504. Schools are required to provide restoration, counseling, or whatever a student with a disability needs to recover from a bullying incident that happened during a school-sponsored activity. Families and students can file complaints with their school district related to Harassment, Intimidation, and Bullying. Those are called HIB complaints. Every district must provide a form for filing a HIB complaint.

In some situations, a student with a behavioral health related disability is identified because they’ve gotten into trouble. Schools are required to teach expected behavior and limit the use of punitive discipline to uphold the civil rights of their students.

In July 2022, The US Department of Education s Office for Civil Rights issued a guidance document called Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973. This booklet is downloadable from the Office for Civil Rights. PAVE provides a link on the page where you clicked to watch this video.

Keep in mind that Section 504 protects:

* Students with Section 504 Plans

* And Students with IEPs

* The law also protects students with known or suspected disability conditions. Those students might be known because of their involvement with student discipline or because they are refusing to go to school.

According to the OCR guidance referenced on the previous slide, frequent disciplinary actions without considering an evaluation to determine eligibility for services might be a violation of student civil rights, including for students who haven’t yet been identified as eligible for services related to their behavioral health needs.

Here are other red flags called out in the OCR guidance. In other words, these might be reasons to question whether the student s civil rights are being upheld:


If the school automatically shortens a student s school day

If the school consistently removes the student from school or their regular classroom without calling it a suspension or filing paperwork. Those are called off book or informal suspensions

If the student experiences isolation/seclusion/or restraint and there is no collaborative meeting process to consider a change to the student s support.

  If a student with disabilities misses 10 or more school days due to behavior and there is no meeting to make changes in services. A Manifestation Determination meeting is required when a student is removed from their regular placement for 10 or more days because of behavior.

  If a student is regularly disciplined and there is no formal evaluation process to figure out what the student might be trying to communicate through their behavior

  If a student is suspended or secluded and the school doesn’t t provide appropriate paperwork to the family

  If the family requests an evaluation or additional services and is turned away with an explanation that the school cannot afford to provide that support due to staffing or other resource shortages

PAVE provides more information on these topics and links to federal and state guidance documents in an article called: What Parents Need to Know when Disability Impacts Behavior and Discipline at School

Note that there is movement in Washington State and nationally to eliminate the use of isolation also called seclusion and reduce the use of restraint. Six states have banned seclusion in some form, including Hawaii, Georgia, Florida, Texas, Nevada, and Pennsylvania.

Parents can tell their school that they want to be involved. Asking school staff to share what’s going well, what’s not going so well, and what’s really a problem can build collaboration from the start. Here s a tip for families: Tell the school you want to know The Good, The Bad, and The Ugly. Catching problems before they escalate can stop practices like off books  suspensions and focus the work on building a support plan before punishment is necessary. Remember, you can tell the school that you are helping them follow the law. Your child has the civil right to be supported in non-discriminatory ways at school. That means they get social-emotional and behavioral skill building and support as part of their education.

Here s more information from OCR. Keep in mind that the Office for Civil Rights manages complaint options for anyone who believes a civil right has been violated. Civil Rights complaints can be handled at the district, state, and national level.

A key point OCR makes is that schools are required to evaluate a student or reconsider the services plan if a student consistently misses school because of behavior. OCR guidance clearly states that schools cannot use resource shortages as a reason to deny or delay an evaluation.

On this slide is a quote from OCR. I ll summarize it for you: The agency would not support a district to delay a student s evaluation because they don t have enough trained staff to get it done and are unwilling to hire an outside expert to do the assessment. Also included in this quote is a reminder that doing well academically does not justify a delay. Referrals and exclusionary discipline can be reasons to do an evaluation to find out what’s going on and where help is needed.

Attendance can also become a challenge when a student is struggling to maintain well-being. New rules in Washington State prioritize support over punishment for students who miss school for behavioral health reasons.

Washington s truancy law is called the Becca Bill. This law requires schools to file truancy petitions if a student 17 or younger misses 7 days of school in a month or 15 days a year without a documented excuse.

A truancy petition can trigger actions to get a student more help. Schools are required to follow up with a special education evaluation or a review of services if disability might be a factor.

This slide includes information from Washington’s state law, the Revised Code of Washington. There’s a link on PAVE s website page where you found this video. In short, if a student who is found truant has a Section 504 Plan or an IEP, the school is required to recruit behavioral specialists and bring them into a meeting process to figure out what needs to change to better support the student. If the student isn’t yet identified as having a disability but disability is likely part of what’s going on, then the school is required to evaluate the student at no cost to the family to see what’s happening and where the student may have unmet service needs.

We’ve been talking about truancy, which relates to unexcused absences. Washington State has a new law directing schools to excuse absences for students who are missing school because of needs related to behavioral health. The point is to focus on help and services and remove the punishing elements of truancy. The point is NOT to give schools a pass on stepping up to help.

The state law that excuses absences for mental health reasons came from passage of HB 1834 in 2022. In a document explaining the law, OSPI states that the new law does not change the rights of students to receive education or the responsibilities of school districts to support students with disabilities. A link to this OSPI document is included in the resources in the article that goes with this video.

Here’s the Washington Administrative Code (the WAC) that was rewritten to incorporate the new law that requires schools to excuse absences for mental health reasons. Highlighted in purple are some of the new words. Notice that mental health symptoms can be cause for a student to be excused for missing school. So can appointments and treatment, including treatment related to substance use.

The state has made clear that doctor s notes are not required. School districts can write their own policies about how many excused absences are allowable before certain consequences happen. The point here is to help students and not punish them for attempting to care for their mental well-being. Families can engage with their district school boards about how these state rules are implemented at the local level.

In August 2022, the Office of Superintendent of Public Instruction (OSPI) provided a webinar to talk about student anxiety and its impacts on attendance. Available on YouTube, the recorded webinar provides information for students, their families, and schools to talk about how to support a student to stay in school or come back after an absence related to anxiety.

Here are a few key takeaways from the webinar. Data show that students furthest from justice have missed the most school since the pandemic began. The training points out that school refusal is separate from truancy and requires very different interventions. Key is always the relationship and communication between family and school.

Pictured on this slide is a snapshot from OSPI s training video. At about 55 minutes, the presentation provides a step-by-step plan for re-integrating a student who has been absent due to school refusal.

Families may be interested in watching this OSPI training and/or sharing it with school staff. The link is included on the page where you clicked to watch this video.

By every state and national measure, the mental health of children and young people got worse because of the COVID-19 pandemic. Because of that, new resources have been released to help schools help the students impacted the most.

The federal Office for Civil Rights (OCR) during summer 2022 published new documents about COVID and how to help students get caught up. PAVE has an article called Recovery Services: What Families Need to Know as Schools Reopen with more detail about that document and the rights of students.

In short, federal money is available to help schools offer additional special education services to students who have been underserved because of the pandemic. Those additional services have more than one name, and in Washington they might be called Recovery Services or Compensatory Services. Students whose well-being was impacted by loss, isolation, illness, and more are prioritized for additional support.

There is no magic formula for deciding who gets these additional services: Decisions are made by IEP and Section 504 teams that include family participants. The key is to consider how a student s learning and development were affected by the pandemic and what is needed to get them back on track. Federal law requires decisions to be individualized in other words, a school cannot build programs for batches of students without meeting with each family to discuss student-specific progress, regression, and needs. For example, a student who started to struggle during the pandemic and wasn’t evaluated promptly because of the pandemic may experience lasting impacts for a team to consider when making decisions about current services that might include recovery services as a component.

These requirements and funds are available into the future, not just in the immediate time after schools reopened their buildings.

This training is provided by Parent Training and Information (PTI), a program of PAVE. Our non-profit has been helping families in Washington State since 1979. This slide shows a picture of our website home page. Our address is wapave.org.

Students, family members, and professionals can get direct assistance by clicking Get Help, highlighted with the yellow circle. You can also leave a message by phone to request help: 800-572-7368.

We provide language translation options. The teal arrow is pointing the place on our website to choose a language for reading our articles online.

If you need help with the accessibility of any of our resources, please let us know. The final few slides describe a few more resources PAVE offers to help you. On our home page, under the calendar, we provide toolkits. One of them is a Behavioral Health Toolkit, with information about crisis systems, school-based services, medical systems, family support agencies, advocacy opportunities, and more.

Within the behavioral health toolkit is a video about best practices for supporting behavior at school. A Functional Behavioral Assessment is called an FBA. That assessment can gather information for schools and families to develop a positive behavior support plan. The name for that plan is BIP Behavior Intervention Plan. PAVE s video can help families and schools work to make sure the FBA and BIP are unbiased and built to teach a student what they can choose instead of behaviors that are leading to problems.

Research shows that students with conditions impacting their mental health and behavior can struggle the most during the transition into adulthood perhaps related to immense changes in the brain during this developmental stage. PAVE provides a School to Adulthood toolkit to support families navigating this important time of life. Look for it under the calendar on our home page. You can also type Transition Triangle into the search bar to find this graphic and an in-depth explanation of its parts.

These are other agencies that can help: The Three O s are OSPI, the Office for Civil Rights, and the Governor s Office of the Educational Ombuds. The state’s nine Educational Services Districts (referred to as ESDs) provide support to school districts. Some are licensed as behavioral health agencies and provide direct help for students who need counseling or other therapeutic services. If the school doesn’t seem equipped to meet a need, families can ask if there are supports available from the ESD.

This slide is a reminder that PAVE is not a legal service agency and cannot provide advocacy, advice or legal representation. Our goal is to empower families by providing information and access to resources.

Thank you for listening and learning today and for being an advocate for someone with unique needs! Remember that it’s not your job to hold up the entire world and that you need time to care for yourself and recharge your own batteries. Please consider your own well-being as a priority throughout every day. PAVE is here to help at wapave.org.

Mental Health Education and Support at School can be Critical

A Brief Overview

  • Alarming statistics indicate the pandemic worsened many 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.
  • President Joe Biden issued a Fact Sheet about the nation’s mental health crisis on March 1, 2022, as part of his State of the Union message. This article includes some of what the president shared about youth impacts.
  • Washington State’s 2021 Healthy Youth Survey confirms that children and youth are struggling to maintain well-being.
  • These outcomes make adolescence a critical time for mental health promotion, early identification and intervention. Read on for information and resources.
  • The emotional well-being of students may be served through Multi-Tiered Systems of Support (MTSS), which provide a structure for schools to provide education and supports related to student well-being schoolwide.
  • Students with high levels of need 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).

Full Article

Alarming statistics indicate that children and young people are in crisis. Governor Jay Inslee issued an emergency proclamation for children’s mental health on March 14, 2021. Data from Washington’s 2021 Healthy Youth Survey confirm the distressing trends:

Seven out of ten students in tenth grade report feeling nervous, anxious, on edge, or cannot stop worrying. Eight percent said they tried suicide within the past year. Almost 40 percent said their feelings were disturbing enough to interrupt their regular activities, and more than 10 percent of students said they didn’t have anyone to talk to about their feelings. According to the Centers for Disease Control and Prevention (CDC), only about half of young people who need behavioral health services get them.

According to the 2021 statewide survey, students with disabilities struggle more than most. Also over-represented are girls, students from lower income households, and students whose gender or sexuality is non-binary. Non-binary refers to more than two things; it’s a term often used when discussing people who identify as Lesbian, Gay, Bi-sexual, Transgender, Queer, or questioning (LGBTQ+). LGBTQ+ youth can seek crisis help and more from The Trevor Project.

“Reports of our children suffering with mental health issues are a worrisome public health concern,” said Umair A. Shah, MD, MPH, Washington’s Secretary of Health. “Mental health is a part of our children’s overall health and well-being. It is imperative that we all continue to work together to fully support the whole child by providing information and access to behavioral health resources to youth and the trusted adults in their lives.”

Concerns are nationwide. On March 1, 2022, President Joe Biden issued a Fact Sheet stating that grief, trauma, and physical isolation during the past two years have driven Americans to a breaking point:

“Our youth have been particularly impacted as losses from COVID and disruptions in routines and relationships have led to increased social isolation, anxiety, and learning loss.  More than half of parents express concern over their children’s mental well-being. An early study has found that students are about five months behind in math and four months behind in reading, compared with students prior to the pandemic.

“In 2019, one in three high school students and half of female students reported persistent feelings of sadness or hopelessness, an overall increase of 40 percent from 2009. Emergency department visits for attempted suicide have risen 51 percent among adolescent girls.”

Mental Health support to students is a statewide priority

Recognizing the unmet needs, Washington State’s 2022 legislature passed a variety of bills to increase support to children and youth with behavioral health conditions. Here are a few examples:

  • HB 1664: Provides funding and incentives for schools to increase numbers of staff who provide physical, social, and emotional support to students. Schools are responsible to report to the state how these funds were used for hiring staff that directly support students and not something else.
  • HB 1800: Requires Health Care Authority (HCA) to build and maintain a website (“parent portal”) to help families seek out behavioral health services. Also supports growth and training requirements for behavioral health ombuds serving youth through the Office of Behavioral Health Consumer Advocacy.
  • HB 1834: Establishes a student absence from school for mental health reasons as an excused absence.
  • HB 1890: Creates an advisory group under the Children and Youth Behavioral Health Work Group (CYBHWG) to build a strategic plan for children, youth transitioning to adulthood, and their caregivers. Also establishes a $200/day stipend (up to 6 meetings per year) for members of the CYBHWG with lived experience who are not attending in a paid professional capacity.

TIP: Family caregivers can get involved in advocacy work!

Here’s another TIP: Families can ask their school who is on site to support students with their mental health needs. Some school districts seek support from an Educational Service District (ESD) to meet student behavioral health needs, so families can also ask whether ESD supports are available. Some ESDs are licensed as behavioral health providers—just ask.

What is MTSS, and why learn this acronym to ask the school about it?

A priority for agencies involved in statewide work is implementation of Multi-Tiered Systems of Support (MTSS). Through MTSS, schools support well-being for all students and offer higher levels of support based on student need. Social Emotional Learning (SEL) is key to MTSS, which creates a structure for positive behavioral supports and trauma-informed interventions.

The Office of Superintendent of Public Instruction (OSPI) is the state educational agency for Washington schools. In its 2021 budget, OSPI prioritized MTSS as part of a plan to Empower all Schools to Support the Whole Child. In January, 2021, OSPI was awarded a five-year, $5.3 million grant from the U.S. Department of Education help districts implement MTSS. 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 work 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.

How a student is supported in their life planning could have an impact. PAVE provides a toolkit of information about how to support a student in their preparations for graduation and beyond: School to Adulthood: Transition Planning Toolkit for High School, Life, and Work.

Note that a student with a mental health condition might qualify for an Individualized Education Program (IEP) under the category of Other Health Impairment (OHI), which captures needs related to various medical diagnoses. Other categories that often overlap with behavioral health are Autism and Traumatic Brain Injury (TBI). IEP eligibility categories are described in the Washington Administrative Codes (WAC 392-172A-01035).

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 Instruction (SDI), then the student may be eligible for an 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 (SDI) and 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. 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 most of the cost of behavioral health services for students who are covered by Medicaid and on an IEP. The Health Care Authority provides information about school-based 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 and curriculum first. If the student is 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.

If general education is not working, the IEP team is responsible to consider all placement options to find the right fit. There is not a requirement to rule out every “less restrictive” option before choosing a placement that the team agrees will best serve the student’s needs.

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. Districts may also consider schools that are not listed. Washington State has almost no residential options for students. Schools almost always send students to other states when residential placement is needed.

On May 23, 2022, a Washington affiliate of National Public Radio (KUOW) provided a report about the lack of residential programs in the state and the challenges for families whose students go out of state for residential education: Washington is sending youth in crisis to out-of-state boarding schools; taxpayers pick up the tab.

Residential placement may be necessary because educational needs cannot be served unless medical needs are fully supported. School districts may be responsible in those situations to pay for a residential placement. 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 and teachers

The Healthy Youth Survey is conducted every other year and was delayed from 2020 to 2021 because of the pandemic. Over the years, results are shared along with tips for families and schools. Here are a few considerations built from various data points within the survey:

Hopeful students:

  • Are more interested in schoolwork: Is there a way to make every day at school more connected to what a child cares about?
  • See people who can help: Who are the adults at school that a student can trust and go to for encouragement or guidance?
  • Believe that school is relevant to life: Who is helping the student connect what they are learning now to who they want to become?
  • Are academically successful: Are supports in place to provide adequate help so the student can succeed in learning? Evidence-based instructional strategies are key when students struggle in reading, writing, or math because of learning disabilities, for example.

TIP: Make sure these four topics are part of a school/family discussion when a student is struggling with emotional well-being or behavior that may be impacted by hopelessness.

A 2018 handout includes tips for parents and other adults who support 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 children shouldn’t have access to.

A press for school-based services and mental health literacy

Advocacy for direct school-based mental health services and education about mental health topics 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 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 SMART Center in partnership with the non-profit Chad’s Legacy Project in 2021 established an online Student/Youth Mental Health Literacy Library. Intended for staff at middle and high schools, the library provides resources to help schools choose curricula for mental health education on topics that include Social Emotional Learning, Substance Use Disorder, and Suicide Prevention.

Goals of mental health literacy are:

  • Understanding how to foster and maintain good mental health
  • Understanding mental disorders and their treatments
  • Decreasing Stigma
  • Understanding how to seek help effectively for self and others

TIP: Families can direct their schools to this resource to support development or growth of a mental health education program.

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

  • Suicide Prevention Lifeline (1-800-273-TALK): After July 16, 2022, call 988
  • 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)
  • 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

Further information on mental health and suicide:  

Family Support

  • 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.
  • A Facebook group called Healthy Minds Healthy Futures provides a place to connect with other families.
  • Family caregivers can request support and training from COPE (Center of Parent Excellence), which offers support group meetings and direct help from lead parent support specialists as part of a statewide program called A Common Voice.
  • Washington State Community Connectors (WSCC) sponsors an annual family training weekend, manages an SUD Family Navigator training, and offers ways for families to share their experiences and support one another. With passage of HB 1800 in 2022, WSCC is working with the Health Care Authority to build a statewide website to help families navigate behavioral health services.
  • Family, Youth, and System Partner Round Table (FYSPRT) is a statewide hub for family networking and emotional support. Some regions have distinct groups for young people.

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

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

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

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

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

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

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

Here are links to OSPI’s model forms for:

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

WISe Provides Team-Based Services for Washington Youth with Severe Behavioral Health Disorders

A Brief Overview

  • WISe behavioral healthcare teams serve children and youth 20 or younger whose conditions are too severe to benefit appropriately from regular visits to a community clinician and/or therapist.
  • To qualify for WISe, the young person must be eligible for Apple Health, which is the public health program for Washington State. WAC 182-505-0210 describes Apple Health eligibility standards.
  • WISe was created as a response to the T.R. et al. lawsuit, settled in 2013.
  • Different agencies manage WISe programs in various regions of the state. The Health Care Authority manages a downloadable list of WISe agencies, organized by county. Families can contact their area agency by calling the phone number on this referral list.
  • Read on for various places families might seek solidarity and support. One option is Family, Youth, and System Partner Round Table (FYSPRT), which is a network of groups that meet to discuss what’s working/not working in behavioral healthcare systems in their communities.

Full Article

Children and youth with intensive needs related to behavioral health may be eligible for services from a statewide program called WISe–Wraparound with Intensive Services. A WISe team includes various clinical and professional staff and certified peers, who may support the emotional needs of family members.  

WISe services are provided in the community—outpatient—for children and youth 20 or younger who are eligible for public insurance, called Apple Health in Washington State. To be assigned to a WISe team, the young person must demonstrate a need for services that are more intensive than what is provided from regular visits to a community clinician and/or therapist.

What does behavioral health mean?

Behavioral health is a broad term describing services for people with conditions based in the brain that impact their behavior. Bipolar disorder, schizophrenia, and substance use disorder (SUD) are examples of severe behavioral health conditions impacting some adults and young people.

Other childhood conditions are many and varied, and not everyone uses the same terms for the same symptoms. The Child Mind Institute is a place for information about childhood symptoms, diagnoses, and options for treatment and support.

Some developmental conditions, such as autism, are considered behavioral health conditions when symptoms have a significant impact on behavior. A person with a complicated behavioral health condition may have impacts in multiple areas and may be given a “dual diagnosis.”

Who is eligible for WISe services?

WISe services are for children and youth until their 21st birthday. WISe is only approved if the patient has used other, less intensive therapies, with little to no improvement.  Once approved for services, a young person may spend time on an “interest list,” receiving limited support, before a full team is formed to serve them.

The young person is evaluated with a Child and Adolescent Needs and Strengths (CANS) intensive mental health screening tool, called the CANS-SCREEN.

Five core areas are evaluated:

  1. Life functioning
  2. Behavioral and emotional needs
  3. Risk behaviors
  4. Caregiver resources and needs
  5. Diagnosis and prognosis

According to the CANS-SCREEN, “The care provider, along with the child/youth and family as well as other stakeholders, gives a number rating to each of these items. These ratings help the provider, child/youth and family understand where intensive or immediate action is most needed, and also where a child/youth has assets that could be a major part of the treatment or service plan.”

WISe requires public health insurance eligibility

In addition to meeting criteria based on their symptoms, a young person must be eligible for Apple Health, which is the name for public health insurance in Washington State. The Washington Administrative Code (WAC 182-505-0210) describes Apple Health eligibility standards for children.

Apple Health is most often administered by Managed Care Organizations (MCOs). In 2022, plans are provided by Amerigroup, Community Health Plan of Washington (CHPW), Coordinated Care, Molina, and United Healthcare. Families can request case management from their MCO to help them navigate and understand healthcare options available to them.

An MCO care coordinator/case manager commonly is the person who refers a young person into WISe, although referrals also can be made by the family, a provider, a county health agency, or someone else with knowledge of the circumstances.

Different agencies manage WISe programs in various regions of the state. The Health Care Authority manages a downloadable list of WISe agencies, organized by county. Families can contact their area agency by calling the phone number on this referral list.

Who is on the WISe team?

Team members include:

  • Natural supports (family, friends, religious leaders…)
  • A Care Coordinator (who oversees clinical aspects of the case)
  • Therapist
  • Professionals (clinicians/prescriber if needed, Child Protective Services, probation officers and others who are relevant)
  • Certified peer support specialist
  • Others upon request (youth peer, school staff…)

The clinical group creates a Team Vision Statement, explaining what they plan to achieve and how they will accomplish it through collaborative work. The family also creates a Vision Statement, showing what strengths they would like to build in their family and what tools they need to make their goals possible.

WISe requires family engagement

The time commitment for WISe is significant. Clinicians engage with the whole household on topics related to school, health, work, relationships, home organization, and more.

WISe publishes data about its service delivery. According to January 2021 Service Intensity Estimates, an average family spends 10 or more hours per week engaged with WISe services. This could be much higher, especially in the beginning. Parents/Caregivers are offered therapy sessions and opportunities to engage with parent peers. 

WISe clinicians are responsible to integrate their work to fit with a family’s schedule, often seeking creative ways to tuck sessions into already busy days. For example, a clinician describes a day when they picked up a child at school and conducted a session in the car while driving the child to their next activity. After work, parent met with the clinician while the adults watched the child swim.

Family experiences with WISe are varied. Some say WISe created a critical turning point that enabled family survival. Others cite high staff turnover as a barrier to ideal therapeutic outcomes. The program is most effective with buy-in from the young person and their caregivers and when services are provided to match family needs and schedules.

Does my child have to agree to WISe services?

WISe is a voluntary program. Families may be able to motivate their child to participate by getting services started through Family Initiated Treatment (FIT). FIT was established as a pathway to treatment for youth 13-17 when Washington passed the Adolescent Behavioral Health Care Access Act in 2019. A parent/caregiver can initiate outpatient services to attempt to get the youth to engage. If after 12 visits (within 3 months) the youth is still unwilling to engage with the treatment, the family must end services. They have the option to engage a different provider to try FIT again.

What if WISe isn’t enough?

The WISe program is the most intensive outpatient program that the state offers. If services don’t seem to be working, the family might check the WISe Service Delivery, Policy, Procedure and Resource Manual to see whether there is more the program could be doing. The family also might check if the child could get additional services from another agency to complement the work with WISe. For example, service providers from a special education program at school or from the Developmental Disabilities Administration (DDA) can collaborate with a WISe team.

If a child needs inpatient services, they may be eligible for a referral into the Children’s Long-term Inpatient Program (CLIP). Children placed on a waiting list for CLIP often receive ongoing services from WISe. PAVE provides an article: Children’s Long-Term Inpatient Program (CLIP) Provides Residential Psychiatric Treatment.

History, Advocacy, and Family Support

WISe was created as a response to the T.R. et al. lawsuit, settled in 2013. The class-action lawsuit named ten plaintiffs who were denied treatment for schizophrenia, depression, bipolar disorder, and other serious psychiatric conditions. Most were institutionalized repeatedly and for extended periods, despite recommendations by therapists and case workers that they return home and receive services in their homes and local communities.

Disability Rights Washington (DRW) provided attorney support for the settlement of the T.R. et al. lawsuit. DRW is monitoring current issues related to children being underserved through WISe and encourages families with concerns to contact attorney Susan Kas: susank@dr-wa.org.

Another result of the legal settlement was a statewide network of stakeholders who meet regularly to discuss what works/doesn’t work within the behavioral health system for youth. That network is called Family, Youth, and System Partner Round Table (FYSPRT). Regional FYSPRTs report to a statewide FYSPRT to share input for system improvement. Regional groups are a hub for family networking and emotional support in addition to serving as a place to engage with community health providers, insurance case managers, and other professionals. Some FYSPRTs have distinct groups for young people to meet and support one another. Many FYSPRT groups use online meeting platforms due to the pandemic.

Another place for families engaged in behavioral health services to network is Washington State Community Connections (WSCC), which sponsors an annual family training weekend, manages an SUD Family Navigator training, and offers a variety of ways for families to share their experiences and support one another. WSCC in 2022 is engaged in work to help build a statewide website to help families navigate behavioral health services across systems. Stay tuned!

Families can get direct support from A Common Voice, a statewide non-profit staffed with Parent Support Specialists who have lived experience parenting a child with challenging behavioral health conditions. The program offers virtual support groups and 1:1 help. A Common Voice is part of the Center of Parent Excellence (COPE), managed by the state’s Health Care Authority. The COPE project website provides a schedule of support group meetings and contact information for regional lead parent support specialists.

An informal place to connect with other families is a Facebook group called Healthy Minds Healthy Futures. Advocates in this group initiated work for an interactive website for parents and are engaged in a push for HB 1800 to expand behavioral health services for minors statewide.

Families wanting to advocate for system change can participate in meetings of the Children and Youth Behavioral Health Work Group (CYBHWG). The work group 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.

Parity laws, thoughtful language, stopping stigma

Keep in mind that a healthy mind is part of a healthy body, and U.S. laws protect parity for all illness conditions. Despite those protections, discrimination and stigma are commonly discussed within behavioral healthcare systems. Here are a few tips and considerations to help reduce stigma:

  • All behaviors start in the brain, so an impairment that impacts the brain is going to affect behavior. Some behaviors are not a person’s fault; that’s why they need treatment, support, and services.
  • Specific person-first language can help reduce stigma. For example, instead of calling someone bipolar or schizophrenic, say they are a person with bipolar disorder or schizophrenia.
  • An exception to person-first language is in the autism community, which has collectively agreed to use the term “autistic” to describe someone on the spectrum.
  • Saying that someone has “behavioral health,” or “mental health” does not describe their condition or what they need help with. Everyone has mental health! A better choice is to describe the condition/concern and the need for help: “This youth’s schizophrenia is impacting every aspect of life, and they need a range of services and treatments to recover and move forward with their life plans.”
  • A person who dies from suicide did not commit a crime, so the word “commit” is inappropriate to use when discussing suicide.

For additional information on related topics, including areas where behavioral health impacts school, see PAVE’s article: Mental Health Education and Support at School can be Critical