Civil Rights Protect Language Access for Parent Participation in Child’s Education

Under state and federal law, all parents have the right to information about their child’s education in a language they can understand. This information is translated on handouts in multiple languages from the Office of Superintendent of Public Instruction (OSPI).

Language access includes translated documents and an interpreter for meetings and conversations. Parents have the right to these services even if they speak some English. These rights are unchanged if the student can speak or read English.

Meetings and Conversations 

When families talk with teachers or school employees, the school is responsible to offer an interpreter if one is needed. This includes parent-teacher conferences, meetings about special education, or any other conversations about a student’s education.

The school is responsible to provide competent interpreters who are fluent in English and in the family’s language. Interpreters are responsible to understand any terms or concepts used during the meeting. It’s not appropriate to use students or children as interpreters.

The interpreter communicates everything said during the conversation in a neutral way, without omitting information or adding comments. The school ensures that interpreters understand their role and the need to keep information confidential.

The interpreter may be in person, on the phone, or in a virtual space. The interpreter may be a district employee or an outside contractor.

Translated Information

Schools are responsible to translate important written information into the most common languages spoken within their districts. If a family receives information that is not in their language, they have the right to request a translated copy or for a translator to share the information verbally.

The school is responsible to communicate with parents in their language about:

  • Registration and enrollment in school
  • Grades, academic standards, and graduation
  • School rules and student discipline
  • Attendance, absences, and withdrawal
  • Parent permission for activities or programs
  • School closures
  • Opportunities to access programs or services-including highly capable, advanced placement, and English language learner programs

For students with disabilities, families should expect all documents about a student’s services to be translated into their native language. These may include:

  • Meeting invitations
  • Evaluation results
  • Individualized Education Program (IEP)
  • Section 504 Plan
  • Prior Written Notice (PWN)*

*Prior Written Notice (PWN) is a document schools are required to provide to the family after a meeting. The PWN includes notes from the meeting and describes any changes to a student’s services before those changes take effect. Parents have the right to add information or request changes to the PWN.

Questions, Concerns, and Complaints

Language access is a civil right. Districts have staff members responsible for civil rights compliance and non-discriminatory practices. OSPI provides a list of civil rights compliance coordinators statewide, including their email and phone number. Families can reach out to this person to explain what happened and what would fix the problem.

If the concern or disagreement is not resolved, families may file a discrimination complaint.

Mental Health Education and Support at School can be Critical

A Brief Overview

  • Alarming statistics indicate the pandemic has worsened behavioral health outcomes for young people. Governor Jay Inslee on March 14, 2021, issued an emergency proclamation declaring children’s mental health to be in crisis.
  • Students eligible for special education services through the federal category of Emotional Disturbance are more than twice as likely as other disabled peers to quit school before graduating.
  • These outcomes make adolescence a critical time for mental health promotion, early identification and intervention. Read on for further information and resources.
  • Seattle Children’s Hospital has a referral helpline. Families can call 833-303-5437, Monday-Friday, 8-5, to connect with a referral specialist. The service is free for families statewide.
  • Help is available 24/7 from the Suicide Prevention Lifeline: 1-800-273-TALK.
  • Text HEAL to 741741 to reach a trained Crisis Text Line counselor.
  • For youth who need support related to LGBTQ issues, the Trevor Projectprovides targeted resources and a helpline: 866-488-7386.
  • A place to connect with other families is a Facebook group called Healthy Minds Healthy Futures.
  • Family caregivers can request support and training from A Common Voice, a statewide non-profit staffed with Parent Support Specialists who have lived experience parenting a child with behavioral health challenges. The program is part of the Center of Parent Excellence (COPE), managed by the state’s Health Care Authority, which provides contact information for regional lead parent support specialists.

Full Article

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

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

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

A press for 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 the legislative work group with a report: The Case for School Mental Health. The document includes state and national data that strongly indicate school-based behavioral health services are effective:

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

The 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.

Mental Health support to students is a statewide priority

Top priority for the statewide Student Behavioral Health and Suicide Prevention advisory group is to increase school staff who directly support students, including licensed mental health professionals imbedded in schools, counselors, social workers, school nurses and other support staff. The larger Children and Youth Behavioral Health Work Group (CYBHWG) shares that priority as an aspect of assessing and rethinking behavioral health delivery systems throughout the state.

In its recommendations to the 2022 legislature, CYBHWG recommends that the state fund a facilitated process to develop a strategic plan “to ensure that all Washington children and youth ages 0-25 years and families have timely access to high-quality, equitable, well-resourced behavioral health education, care, and supports across the continuum and where they need it.” School-based mental health services are listed as an aspect of those recommendations.

As schools returned to in-person learning in 2021, the Office of Superintendent of Public Instruction (OSPI) created a guidance document that addresses student mental health needs as a top concern: Questions and Answers: Provision of Services to Students with Disabilities During COVID-19 in the 2021–22 School Year. Included is this statement:

“The work of Washington public schools is to prepare students for postsecondary pathways, careers, and civic engagement. Washington must create the conditions for each student to be educated in racially literate, culturally sustaining, positive, and predictable environments that intentionally prioritize the instruction and development of social-emotional skills and mental health in addition to our primary focus on academic content.”

TIP: Family caregivers can ask their school what staff are 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. Note that some ESDs are licensed as behavioral health providers.

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

Another priority for agencies involved in the statewide work is widespread 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 an MTSS framework, which can create a structure for implementing positive behavioral supports and trauma-informed interventions.

OSPI, the guidance agency for Washington schools, prioritized 2021 budget requests to Empower all Schools to Support the Whole Child, including through MTSS. In January, 2021, OSPI was awarded a five-year, $5.3 million grant from the U.S. Department of Education to build regional coaching capacity to 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 framework and how students are receiving support through the various levels/tiers.

Special Education is one pathway for more help

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

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

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

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

Behavioral health counseling can be part of an IEP

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

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

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

Placement options for students who struggle with behavior

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

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

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

Strategies and safety measures for families

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

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

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

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

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

State options for behavioral health services and support

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

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

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

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

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

Family Initiated Treatment (FIT) is an option in Washington

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

Places to seek referrals and information

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

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

Key Resources

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

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

Further information on mental health and suicide:  

How to Navigate School for Youth with Mental Health Concerns

Staff from PAVE’s Parent Training and Information (PTI) program provided a workshop as part of the statewide virtual conference hosted by NAMI Washington October 16, 2021.

This recorded training provides a general overview of student rights in education. Some information is specific to students impacted by mental health conditions.

The formal content begins about four minutes into the video and ends at about 46 minutes.

Here are a few examples of topics addressed:

  • Does my student have the right to be evaluated for special education if they refuse to go to school because of anxiety?
  • What accommodations are reasonable to ask for?
  • What services might be possible for my student who struggles with emotional regulation?
  • Can counseling be a related service?
  • Are there protections for a student because of suicidal thoughts or attempts?
  • What support is available for a student with a disability condition who isn’t prepared for adulthood because high school got interrupted by the pandemic?

Additional information about mental health education and services at school, the overall layout of youth behavioral health in Washington State, and where to find family support is included in a PAVE article: Mental Health Education and Support at School can be Critical.

To seek education, training, and support from the National Alliance on Mental illness, look for a virtual training or information about a local affiliate near you, listed on the NAMI WA website.

One place to access behavioral health services for children and youth anywhere in Washington is through the Seattle Children’s Hospital Mental Health Referral Service: 833-303-5437, Monday-Friday, 8 a.m. to 5 p.m.

Families and young people can reach out for individualized assistance from PAVE’s Parent Training and Information (PTI) staff at PAVE. Click Get Help or call 800-572-7368.

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Parent to Parent (P2P) Connects Caregivers Statewide for Support

A Brief Overview

Full Article

Family caregivers for children with disabilities and special healthcare needs may feel isolated or uncertain about where to seek help for their children and themselves. A place for support is Parent to Parent (P2P), a network that connects families to trained parent volunteers who have experienced a similar journey with their own children. In addition to resources and information, parents share personal support and encouragement.

Families new to the disability world can find preliminary information and request help right away by filling out a short form on a website page designed just for them, hosted by The Arc of Washington: Getting Started/Contact Us…Welcome to our World.

The first P2P program started in Nebraska in 1971. Programs started in Washington State in 1980. A national P2P network was established in 2003 to provide technical support to the statewide networks, with a goal to reach all 50 states. P2P USA provides an historical timeline.

Washington has a network of P2P programs that serve every corner of the state. The Arc provides support to the regional programs and links them to national P2P resources. Families can go to arcwa.org to find a list of P2P coordinators, organized by region and listed under the counties served.

¿Hablas español? Para más información y hacer referidos, llama a su condado abajo: Coordinadores de Enlance Hispano.

Families can request a parent match 

When reaching out to the local P2P network, families can request a “parent match.” P2P leaders will locate a helping parent volunteer who has a similar lived experience and help the families get connected. From there, a supportive relationship can develop, where empathy, hope, and strength are shared.

Helping Parents cannot provide all answers, but they share insight, solidarity, and role modeling. They also share the joy and pride they’ve experienced while watching their child grow and achieve. A phrase commonly shared is: “I know, and I understand.”

In keeping with evidence-based practices promoted by national and state P2P organizations, the helping parent volunteers are training following a specific process and all personal information is kept confidential.

P2P services are free and include:

  • Emotional support for family caregivers of children with special needs
  • Referrals for community resources
  • Information sharing about disabilities and medical conditions
  • Family matching with trained helping parents
  • Social and recreational events
  • Training for parents who would like to become helping parent volunteers
  • Disability awareness and community outreach

Someone to listen and understand

Washington’s statewide P2P is funded by The Arc of Washington State, the Developmental Disabilities Administration (DDA), and the Department of Health/Children with Special Health Care Needs. Individual county programs receive funding from host agencies, county DDA offices, the United Way, local grants, private donations, and more.

The Council for Exceptional Children published a research paper about P2P in 1999. Respondents to a national survey reported the following benefits from participating in P2P:

  • Someone to listen and understand (66 percent)
  • Disability information (63 percent)
  • Care for my child (58 percent
  • Ways to find services (54 percent)

Statewide, various agencies and family-led organizations host local P2P programs. An interactive map of Washington State provides an easy way to locate information in English and Spanish about a P2P program in your area.

Another way to begin is to contact the statewide P2P coordinator, Tracie Hoppis, by sending an email to: parent2parentwa@arcwa.org.

Disability Rights for Littles: Key Information for Families of Babies, Preschoolers, and Primary-School Children

This two-part video series provides information about the rights of babies, toddlers, and young children with developmental delays or disabilities.

Part 1 provides information about early support services for babies through age 3. An interactive exercise is included to help families better understand how to participate in development of functional outcomes as part of the Individualized Family Service Plan (IFSP). The video includes information about how early support services are provided and delivered in Washington State and where to begin. Keep in mind that early services are provided in the natural environment—places where babies and toddlers would spend their days if there was no disability.

Part 2 includes information about the transition from early services into preschool and primary school. Families will learn how decisions are made about eligibility for an Individualized Education Program (IEP) and how to participate in educational decision-making for their child. Inclusion in general education is covered, with information about federal requirements for services in the Least Restrictive Environment, to the maximum extent appropriate. The video explains the components of an IEP and provides advocacy tips to support parents and children throughout their educational years.

Families can reach out for individualized assistance from our Parent Training and Information (PTI) staff at PAVE. Click Get Help or call 800-572-7368.

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

Long COVID May Cause Disability and Eligibility for Services

Some people infected by the SARS-CoV-2 virus experience long-term symptoms—called Long COVID. If lasting symptoms significantly impact a person’s life, their ability to work, or their access to school, disability laws are in place to protect and support them.

Among federal laws that support disability rights are the Americans with Disabilities Act (ADA), the Rehabilitation Act of 1973 (which includes Section 504), and the Individuals with Disabilities Education Act (IDEA). Note that Part B of the IDEA supports special education services for ages 3-21, and Part C provides early interventions for children birth-3.

Disability protections are also provided by Section 1557 of the Patient Protection and Affordable Care Act. The U.S. Department of Health and Human Services with the Civil Rights Division of the Department of Justice provide guidance on the HHS.gov website: Guidance on “Long COVID” as a Disability Under the ADA, Section 504, and Section 1557.

The federal Administration for Community Living (ACL) published a resource that is a place to begin learning about where support is available: How ACL’s Disability and Aging Networks Can Help People with Long COVID. For people whose work is impacted by Long COVID, the U.S. Department of Labor’s Office of Disability Employment Policy provides information related to job accommodations, employee benefits, worker’s rights, and more.

If a student with Long COVID is impacted, they can be evaluated to determine eligibility for school-based services. For students already identified for school-based services, Long COVID might entitle the student to additional or adjusted services. The Office of Special Education and Rehabilitation Services (OSERS), issued a Fact Sheet July 26, 2021, explaining the rights of children who may have a disability condition related to Long COVID. The rest of this article focuses on protections for children and students.

Section 504 support

Section 504 is part of the Rehabilitation Act and includes protections for individuals accessing a public space, service, or program. A person of any age with a disability has the right to accommodations and modifications if their disability condition significantly impacts a major life activity, such as breathing, walking, learning…. Section 504 guarantees equitable access to opportunities publicly available to people without disabilities. If COVID infection has caused a disability condition because of its lasting impacts, then Section 504 protections may apply.

In school, a Section 504 Plan provides a student with support in general education. Criteria are broad and determined if the student has a disability condition that impacts any aspect of their educational access. If so, the student is eligible for support to meet their needs.

For example, a student with Long COVID might have impacts to their breathing, walking, attention span, or stamina. They may need accommodations for a late start, a shortened school day, a reduced workload, or a place to rest while at school. If mental health is impacted, they may need social-emotional or behavioral supports to continue accessing their general education curriculum and class spaces.

School-based IEP services

If evaluation determines that Long COVID impacts a student (ages 3-21) to such a degree that special education and related services are necessary, then the student may be eligible for an Individualized Education Program (IEP). One eligibility category for IEP services, for example, is Other Health Impairment (OHI). For a full list of eligibility categories see PAVE’s article: IDEA: The Foundation of Special Education.

An educational evaluation determines:

  1. Is there a disability?
  2. Is there significant educational impact?
  3. Does the student require Specially Designed Instruction and/or Related Services?

If Long COVID has created a condition in which all three criteria are met, then the student receives services with an IEP. If the student already has an IEP and a COVID infection has created new barriers to learning, then a new evaluation may be needed to determine what additional services the IEP team can consider.

Here are a few examples of how Specially Designed Instruction (SDI) and Related Services might be included in an IEP to support a student with Long COVID:

  • A teacher provides instruction differently to support a student whose ability to focus is significantly impacted by Long COVID. Progress toward a skill of attention/focus is tracked to see if there is improvement or if something about the teaching strategy needs an adjustment.
  • A teacher helps a student learn emotional coping strategies after Long COVID caused severe anxiety and mood dysregulation. A goal is set to track progress on this social emotional learning (SEL) skill.
  • A physical education teacher provides a specially designed PE program for a student with Long COVID whose symptoms get worse with physical exertion. Goals are set, and progress is monitored. See PAVE’s article about Adapted PE.
  • A student with lingering physical symptoms of COVID receives physical or occupational therapy as a Related Services through the IEP.
  • A student with psychological impacts from the illness receives counseling as a Related Service on the IEP.

Of course, this is a short and incomplete list of possibilities. IEP teams are responsible to develop programming that is individualized to meet a student’s unique and specific needs. Evaluation data is critical in development of the services and programming, and families have the right to request an Independent Educational Evaluation (IEE) at district expense if they don’t believe the district’s own data is accurate or comprehensive enough to develop an appropriate IEP.

The primary entitlement of a student receiving school-based services is FAPE—Free Appropriate Public Education. FAPE means that services enable progress that is appropriate in light of the child’s circumstances. If Long COVID has disabled a student’s ability to access school appropriately, then they may be entitled to FAPE. The services that provide FAPE are determined individually and by a team that includes family participants.

Early intervention services

Health officials are reporting developmental delays related to COVID infections. Young children, Birth-3, who have been ill with COVID and have ongoing symptoms may be eligible for disability protections from the IDEA Part C, which provides federal funds for early intervention services delivered through an Individualized Family Service Plan (IFSP). According to the OSERS document about Long COVID:

“A child suspected of having a disability should be referred as soon as possible, but in no case more than seven days, after the child has been identified. With parental consent, a timely, comprehensive, multidisciplinary evaluation must be completed, and if the child is determined eligible, a child and family assessment must be conducted to determine the appropriate early intervention services and supports for the child and family.”

Resources to help you

PAVE provides resource collections to support families of children in various ages and stages:

PAVE’s Family-to-Family Health Information Center (F2F) provides direct assistance for questions related to health and wellness, insurance, and access to medical services. For questions about early intervention or school-based services, our Parent Training and Information (PTI) staff can help. Click Get Help from our home page at wapave.org to request individualized support.

Early Learning Toolkit: Overview of Services for Families of Young Children

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

How do I know if my child is developmentally delayed?

Washington families concerned about a child’s development can call the Family Health Hotline at 1-800-322-2588 (TTY 1.800.833.6384) to connect with a Family Resource Coordinator (FRC). Support is provided in English, Spanish and other languages. Families can access developmental screening online for free at Parent Help 123 developmental screening tool.

In addition, several state agencies collaborated to publish Early Learning and Development Guidelines. The booklet includes information about what children can do and learn at different stages of development, from birth through third grade. Families can purchase a hard copy of the guidelines from the state Department of Enterprise Services. Order at: myprint.wa.gov. A free downloadable version is available in English and Spanish from the website of the Office of Superintendent of Public Instruction (OSPI): Early Learning and Development Guidelines.

The Centers for Disease Control and Prevention (CDC) manages a campaign to Learn the Signs. Act Early. The website includes tools for tracking milestones and materials for families to learn more and plan home-based activities to promote skill development.

Birth-3 services are provided by ESIT

In Washington, the Department of Children, Youth and Families (DCYF) administers services for eligible children from birth to age 3 through Early Support for Infants and Toddlers (ESIT). Families can contact ESIT directly, or they can reach out to their local school district to request an evaluation to determine eligibility and consider what support a child might need. ESIT provides information on a page called Parent Rights and Leadership, with procedural safeguards described in a brochure that can be downloaded in multiple languages.

Evaluation determines eligibility

After a referral is accepted, a team of professionals uses standardized tools and observations to evaluate a young child’s development in five areas:

·       Physical: Reaching for and grasping toys, crawling, walking, jumping

·       Cognitive: Watching activities, following simple directions, problem-solving

·       Social-emotional: Making needs known, initiating games, starting to take turns

·       Communication: Vocalizing, babbling, using two- to three-word phrases

·       Adaptive: Holding a bottle, eating with fingers, getting dressed

Services are provided through an IFSP

Children who qualify receive services through an Individualized Family Service Plan (IFSP). Early learning programs are designed to enable success in the child’s natural environment (home, daycare, etc.), which is where the child would be if disability was not a factor. PAVE provides more information in an article and a two-part video series: 

 IDEA includes three parts

The federal law that protects children with disabilities and creates a funding source for services to meet their individualized needs is the Individuals with Disabilities Education Act (IDEA).

  1. Part A includes general guidance about the rights of children 0-21 with disabilities.
  2. Part B protects eligible students ages 3-21 with the right to school-based services delivered through an Individualized Education Program (IEP).
  3. Part C guarantees the right to early intervention services for children Birth-3 who meet eligibility criteria.

PAVE provides an overview article about the federal law and its primary features: IDEA: The Foundation of Special Education.

Child Find protects the right to evaluation

Under IDEA, school districts have the affirmative duty to seek out and evaluate children with known or suspected disabilities who live within their boundaries. That affirmative duty is protected through IDEA’s Child Find Mandate.

Child Find Mandate protects:

  • Children Birth-3 with known or suspected disability conditions that may significantly impact the way they learn and engage within their natural environment
  • Students 3-21 who may be significantly impacted in their ability to access grade-level learning at school because of a known or suspected disability condition

If these criteria are met, the school district in which the child lives has the duty to evaluate to determine eligibility for services. For more information, PAVE provides an article: Child Find: Schools Have a Legal Duty to Evaluate Children Impacted by Disability.

Information for children 3-5 or older

Children with early intervention services are evaluated to determine whether they are eligible for school-based services when they turn 3.

If a child did not receive early intervention services but disability is suspected or shown to impact learning, a family caregiver or anyone with knowledge of a child’s circumstances can request that the school district evaluate a child 3 years or older to determine eligibility for school-based services. PAVE provides information about how to make a formal written request for an educational evaluation: Sample Letter to Request Evaluation.

Preschool children have a right to be included

If eligible, students 3-21 can receive free services through an Individualized Education Program (IEP) served by the local school district. PAVE provides guidance for families new to the process: Steps to Read, Understand, and Develop an Initial IEP.

The Office of Superintendent of Public Instruction (OSPI), provides guidance specific to Early Childhood Special Education. Districts must consider how to include preschool students with non-disabled peers. General education classrooms are considered the Least Restrictive Environment, and LRE is a primary guiding principle of the IDEA.

There are 14 IEP eligibility categories

Students 3-21 may be eligible for IEP services if they meet criteria in a category defined by federal and state regulations. A PAVE article provides more detail about each of these categories and describes the evaluation process: Evaluations Part 1: Where to Start When a Student Needs Special Help at School.

Below is a list of IEP eligibility categories. The Washington Administrative Code (WAC 392-172A-01035) lists state criteria for each category.

Developmental Delay is an eligibility category for Washington students through age 9. At that point, an evaluation would need to show eligibility in one of the other 13 categories for the student to continue receiving IEP services.

Please note that a medical diagnosis is not required for a school district to determine eligibility, which is based on three criteria:

  1. a disability is present
  2. a student’s learning is significantly impacted, and
  3. services are necessary to help the child access appropriate learning.

All three prongs must be present for a student to be eligible for an IEP in one or more of these disability categories:

  • Autism
  • Emotional Disturbance (In Wash., Emotional Behavioral Disability)
  • Specific Learning Disability
  • Other Health Impairment
  • Speech/Language Impairment
  • Multiple Disabilities
  • Intellectual Disability
  • Orthopedic Impairment
  • Hearing Impairment
  • Deafness
  • Deaf blindness
  • Visual Impairment/Blindness
  • Traumatic Brain Injury
  • Developmental Delay (ages 0-9 in Wash.)

PAVE is here to help!

Parent Training and Information (PTI)is federally funded to provide assistance for family caregivers, youth, and professionals. We know educational systems use a lot of complicated words and follow regulated procedures that can feel confusing. We do our best to help school-and-family teams work together so students with disabilities can access their right to a Free Appropriate Public Education (FAPE). Learn more about PTI and click Get Help to receive individualized assistance.

Body Sensing Meditation for Help with Sleep

Anxiety around bedtime is a struggle for many people of all ages. Whether the challenge is to fall asleep or stay asleep, worry doesn’t make getting enough zees any easier. Here is a strategy for calming that uses a body scanning strategy combined with breath awareness.

Parents might share this practice out loud to help a child go to sleep. The child also might learn to use all or parts of the technique on their own. Once you understand the basic strategy you can adapt the wording to meet your own needs or the needs of the person you are sharing this with. Some might even fall asleep before you get through the whole practice!

If you or another person experiencing this practice do not have all of their body parts you can ask whether it feels good to imagine those body parts while doing the body scan or whether it feels better to include only body parts that are present. For a person who is deaf or hard of hearing or for people who respond well to sensory touch, there is the option to gently touch parts of the body while moving through the practice. Once learned, the practice can be silent, internal, and personalized. Be creative about how to make it workable and useful for any person who might benefit.

To help with sleep, body sensing starts with the feet…

Please make yourself comfortable in bed or another space where you can relax and listen to the 10-minute meditation provided in this video.

When you are finished listening, if you are not yet ready for sleep, you may wish to begin again with the body sensing, always starting with your feet and traveling awareness up through the body, noticing the breath throughout your own journey into rest.

The Meditation Script

If you prefer to read this script aloud to someone else or to yourself, here are the words from the video:

Notice that you have two feet. On your feet there are toes, big toes, second toes, middle toes, fourth toes, and baby toes. Notice your feet and toes. Notice what your feet and toes are touching. Is it soft or hard? Cool or warm? Are your toes and feet relaxed? Notice that you have ankles. Your legs have a lower part. You have two knees. Your legs have an upper part. You have hips. Notice what your hips, legs and feet are resting on. Is there anything you could change to be even just a little bit more comfortable?

Notice your tummy. Notice that as you breathe in your tummy goes up. As you breathe out your tummy goes down. Notice what it feels like to breathe in and out of your tummy. As you breathe in, you are noticing that your tummy is filling up. As you breathe out, you are noticing that your tummy is getting empty. What does breathing feel like? Just notice.

Notice that behind your tummy is your back. You have a lower back, a middle back, and an upper back. Inside your back there are ribs, and your ribs have a back part, two sides, and a front part. Your front ribs meet at your chest.

Notice that when you breathe in, your tummy fills up and so does your chest. Your ribs get a little wider. When you breathe out your chest goes down and so does your tummy. Your ribs settle in. See if you can notice what it feels like when your tummy and chest fill up with breath and when they empty of breath. Notice how long it takes for a breath to come all the way in and to go all the way back out again. Your body knows how to breathe all by itself and does this all day long. Notice how it feels to pay attention to your body breathing.

Notice that your chest is in between your shoulders. Your shoulders are connected to your arms.  Your arms have an upper part. You have elbows. Your arms have a lower part, and you have two wrists. Notice your hands. You have fingers. Each hand has a thumb, first finger, second finger, third finger and a baby finger. Your hands have a back part and a palm. Notice what your shoulders, arms and hands are resting on. Is it soft or hard? Cool or warm? Are your arms, hands, and fingers relaxed? Is there anything you could change to be even just a tiny bit more comfortable?

Notice that your heart is beating inside your chest. You are breathing, and your heart is beating. Your body is taking care of its basic needs to be healthy and alive. Notice that right now you are safe. Notice the room you are in and whether there is lightness or darkness or some of both. Notice any sounds that are near or far. Notice that your body is breathing. Your chest and belly fill up each time you breathe in and empty each time you breathe out. Make any little changes that you need to be slightly more comfortable.

Notice that you have a neck and a head. Notice what the back of your head is resting on. Your head has a top part and two sides. You have eyebrows and two eyes. Your eyes can close so that your top eyelashes and your bottom eyelashes touch each other. Imagine that there is a color behind your closed eyes that is a soft dark blue. Notice how you feel when you peer into this deep blue space behind your eyes. Notice if there are any edges to the dark blue or if it seems to stretch forever, like the night sky.

Notice that you have a mouth. Inside your mouth there is a tongue, and you have teeth. Your mouth has a right side and a left side. Your mouth is resting.

Notice that you have a nose with two nostrils. Air comes into your nostrils and goes out through your nostrils. Notice that air traveling into your nostrils moves down into your chest and tummy. After the air empties from your tummy and chest it leaves through your nostrils. Notice the long journey that your breath takes through the body, from the nostrils to the chest and belly. Out from the belly, the chest, and the nostrils. What does it feel like to watch your body breathing?

Notice the shape of your whole body and what your body is resting on. You have feet and legs. You have a tummy and a back. Your arms and hands are resting. Your whole body is comfortable and resting. You are breathing with your nose, your chest and your belly. Your eyes are closed, and there’s a dark blue color behind your eyelids. We’re breathing in and breathing out through our noses. We are safe and resting. We are noticing what it feels like to rest.

Download the meditation script

Early Intervention: How to Access Services for Children Birth to 3 in Washington

A Brief Overview

  • Early intervention services help infants and toddlers with disabilities or delays to learn and catch up in their development. This article covers some basics about services for young children in Washington State.
  • Families concerned about a child’s development can call the Family Health Hotline at 1-800-322-2588, with support in multiple languages. Parents can complete a developmental screening online for free at Parent Help 123.
  • Early Learning and Development Guidelines are downloadable from the Office of Superintendent of Public Instruction. Hard copies can be purchased at myprint.wa.gov.
  • PAVE provides an article for next steps after age 3: What’s Next when Early Childhood Services End at Age 3? Another PAVE article for families new to special education: Steps to Read, Understand, and Develop an Initial IEP.
  • PAVE’s Parent Training and Information (PTI) staff help families understand and navigate service systems for children 0-26. Click Get Help at wapave.org or call 800-572-7368.

Full Article

New parents may struggle to know whether their child’s growth and development are on track. They may have a feeling that a milestone is missed, or they may observe siblings or other children learning and developing differently. Sometimes a parent just needs reassurance. Other times, a child has a developmental delay or a disability. In those cases, early interventions can be critical to a child’s lifelong learning.

Seek guidance from a Family Resource Coordinator (FRC)

Washington families concerned about a young child’s development can call the Family Health Hotline at 1-800-322-2588 (TTY 1.800.833.6384) to connect with a Family Resource Coordinator (FRC). Support is provided in English, Spanish and other languages. Families can access developmental screening online for free at Parent Help 123 developmental screening tool.

Several state agencies collaborated to publish Early Learning and Development Guidelines. The booklet includes information about what children can do and learn at different stages of development, focused on birth through third grade. Families can purchase a hard copy of the guidelines from the state Department of Enterprise Services. Order at: myprint.wa.gov. A free downloadable version is available in English and Spanish from OSPI’s website on a page labeled: Early Learning and Development Guidelines.

Washington early services are provided by ESIT

In Washington, the Department of Children, Youth and Families (DCYF) administers services for eligible children from birth to age 3 through Early Support for Infants and Toddlers (ESIT). Families can contact ESIT directly, or they can reach out to their local school district to request an evaluation to determine eligibility and consider what support a child might need. The ESIT website includes videos to guide family caregivers and a collection of Parent Rights and Leadership resources, with multiple language options.

Early intervention services are provided in the child’s “natural environment,” which includes home and community settings where children would be participating if they did not have a disability. According to ESIT, “Early intervention services are designed to enable children birth to 3 with developmental delays or disabilities to be active and successful during the early childhood years and in the future in a variety of settings—in their homes, in childcare, in preschool or school programs, and in their communities.”

Early services are delivered through an IFSP

Children who qualify receive services through an Individualized Family Service Plan (IFSP). The right to an IFSP is protected by Part C of the Individuals with Disabilities Education Act (IDEA). The IDEA is a federal grant program that provides funding for states to implement early learning and special education programs. Part B of the IDEA protects an eligible school-age student’s right to an Individualized Education Program (IEP). Part A includes general guidance about the educational rights of children 0-21.

Family caregivers, childcare professionals, teachers, or anyone else can refer a child for an early learning evaluation if there is reason to suspect that a disability or developmental delay may be impacting the child’s growth and progress. The school district’s duty to seek out, evaluate and potentially serve infants, toddlers or school-aged students with known or suspected disabilities is guaranteed through the IDEA’s Child Find Mandate.

First Step: Evaluate to determine eligibility

Early intervention is intended for infants and toddlers who have a developmental delay or disability. Eligibility is determined by evaluating the child (with parental consent) to see if the little one does, in fact, have a delay in development or a disability. Eligible children can receive early intervention services from birth to the third birthday. 

After a referral is accepted, a team of professionals uses standardized tools and observations to evaluate a child’s development in five areas:

  1. : Reaching for and grasping toys, crawling, walking, jumping
  2. : Watching activities, following simple directions, problem-solving
  3. : Making needs known, initiating games, starting to take turns
  4. : Vocalizing, babbling, using two- to three-word phrases
  5. : Holding a bottle, eating with fingers, getting dressed

The tools used to evaluate a child provide scores that are compared with the scores of children who are typically developing. Eligibility is met based on one or more of these conditions:

Next Step: Develop a service plan

If an infant or toddler is eligible, early intervention services are designed to meet the child’s individual needs. Options might include, but are not limited to:  

  • Assistive technology (devices a child might need)
  • Audiology or hearing services
  • Speech and language services
  • Counseling and training for a family
  • Medical services
  • Nursing services
  • Nutrition services
  • Occupational therapy
  • Physical therapy
  • Psychological services

Services are typically provided in the child’s home or other natural environment, such as daycare. They also can be offered in a medical hospital, a clinic, a school, or another community space. 

Individualized Family Service Plan (IFSP): What is the plan?

The IFSP is a whole family plan, with the child’s primary caregivers as major contributors to its development and implementation. Parents/custodial caregivers must provide written consent for services to begin. In Washington, Family Resource Coordinators (FRCs) help write the IFSP. Team members may include medical professionals, therapists, child development specialists, social workers, and others with knowledge of the child and recommendations to contribute. 

The IFSP includes goals, and progress is monitored to determine whether the plan is supporting appropriate outcomes. The plan is reviewed every six months and is updated at least once a year but can be reviewed at any time by request of parents or other team members. The IFSP includes:

  • The child’s current developmental levels and needs in physical, cognitive, communication, social/emotional, and adaptive areas
  • Family information: resources, priorities, and concerns of parents/caregivers.
  • Major results/outcomes expected from the child and family
  • Specific services:
    • Where services are provided—any services provided outside the child’s “natural environment” of home/daycare/community require a statement explaining the rationale for the placement
    • When the child receives services—the number of days or sessions for each service, and how long each session will last
  • Who pays for the services
  • Name and contact information for the Family Resource coordinator (FRC) responsible for IFSP implementation
  • Steps to begin at age 2.5 to support the child’s transition out of early intervention and perhaps into school-based services.
  • If relevant, additional services or information for the family—such as financial guidance or parenting support

Dispute resolution options are available

If parents have a concern or disagree with any part of the early intervention process, they can contact their Family Resource Coordinator (FRC). If issues remain unresolved, families may choose from a range of dispute resolution options that include mediation, due process, and more. ESIT provides access to a downloadable parent rights brochure with information about dispute resolution options in multiple languages.

Most services are free to families

Washington State provides most early intervention services at no cost to families of eligible children. Some services covered by insurance are billed to a child’s health insurance provider, with the signed consent of a family caregiver. The early intervention system may not use health care insurance (private or public) without express, written consent.

Part C of the IDEA requires states to provide the following services at no cost to families: Child Find (outreach and evaluation), assessments, IFSP development and review, and service coordination.

More resources

  • Learn the Signs. Act Early. The website includes tools for tracking milestones and materials for families to learn more and plan home-based activities to promote skill development. “Early intervention services can change a child’s developmental path and improve outcomes for children, families, and communities,” the CDC encourages. “Help your child, help your family! Families benefit from early intervention by being able to better meet their children’s needs from an early age and throughout their lives.”
  • The Center for Parent Information and Resources (CIPR—ParentCenterHub.org) provides an Overview of Early intervention.
  • The US Department of Education Office of Special Education Programs (OSEP) provides funding for the Early Childhood Technical Assistance Center (ectacenter.org), based at the University of North Carolina, Chapel Hill. The center builds state and local capacity to improve outcomes for young children with disabilities and their families.
  • PAVE’s Parent Training and Information (PTI) staff provide information, training, resources, and technical assistance to help family caregivers, students and professionals understand rights and responsibilities within education systems, including those for early learning. For support, complete an online help request at wapave.org or leave a message at the helpline: 1-800-572-7368/press 115.