The planning process to support a student with disabilities toward their adult life plans requires coordination and organization. This graphic provides a visual overview of the work and who is responsible to help.
The center upside down triangle describes key questions for a student as they move through school and toward adulthood:
Who am I? Answers include what the student is interested in, what they are good at, what they struggle with, and how they see themselves.
What’s my future? Students can begin to imagine where they might work, whether higher education will be part of their future, and how they might live.
How do I reach my goals? The answers are a long-term project. A good planning process ensures that work done today is moving the student toward their vision for adult life.
The three colored triangles on the corners of the graphic represent three tools that help students ask and answer these questions.
The purple triangle on the bottom left represents the High School and Beyond Plan. Washington State requires schools to begin supporting all students with a High School and Beyond Plan before they leave middle school. The plan includes questions to help the student think about where they might work someday and how much education they will need to get that job. The plan is designed to make sure time spent in school is moving the student toward adult goals. The High School and Beyond Plan addresses the same questions that are listed in the center of our triangle and is often managed by staff in a school’s counseling center.
The blue triangle on the bottom right represents the transition plan, which is required in a student’s Individualized Education Program (IEP) by the school year when they turn 16. Goals in the IEP Transition Plan include further education/training, employment, and independent living as parts of a student’s program. A student with disabilities has the right to a Free Appropriate Public Education (FAPE) until they earn a diploma or turn 21. The IEP includes a target graduation date, determined by the IEP team. The state requires the IEP Transition Plan to align with the High School and Beyond Plan. School staff and the family collaborate to make sure these two tools match up to best support a student’s progress.
The teal triangle on top of the pyramid represents agencies that might provide Vocational Rehabilitation (VR) services. The Developmental Disabilities Administration (DDA) has a variety of school-to-work programs for eligible students: A DDA case manager can provide information about options. The Division of Vocational Rehabilitation (DVR) provides Pre-Employment Transition Services (Pre-ETS) for students still in school as well as vocational rehabilitation services for adults with disabilities. As they transition out of school, members of some Native American tribes may access Tribal Vocational Rehabilitation (TVR) services. The Department of Services for the Blind (DSB) is a separate agency providing Pre-ETS for youth and vocational rehabilitation services for individuals who are blind or low vision. Staff from these agencies may work with an IEP team and counselors at school to make sure everyone is working together to support the student in the center.
Ideally a student with disabilities has people supporting all of the features on this transition triangle. Best practice is for all agencies and supporters to collaborate as they help a student move toward a successful adult life.
PAVE has made a fillable worksheet to help you answer these questions.
ADA: Americans with Disabilities Act. Prohibits discrimination against individuals with disabilities in all public and private places open to the general public.
Adult Services: Programs available to support individuals after they become legal adults at 18.
Age of Majority: In Washington, 18. An adult is responsible for educational, vocational, financial, and other decisions unless other arrangements are made through legal means.
Aging Out: The process of ending the school year in which a student turns 21 and is no longer eligible for special education (IEP) services.
Compensatory Services: Extra educational services provided because an IEP team or another agency with authority determines that a student with a disability did not receive a Free Appropriate Public Education (FAPE).
DDA: Developmental Disabilities Administration. A state agency that provides a variety of employment, personal care, supportive housing, and other services based on eligibility. Transition-age youth may be eligible for a school-to-work program if one is available in their region.
DSB: Department of Services for the Blind. A state agency that provides vocational services and orientation and mobility training for individuals with visual impairments.
DVR: Division of Vocational Rehabilitation. A state agency that provides employment services to individuals with a wide range of disability circumstances. Students still enrolled in school might receive Pre-Employment Transition Services (Pre-ETS), and young adults also might apply for 1:1 support with an Individualized Plan for Employment (IPE). The agency has a wait list, called Order of Selection, for 1:1 IPE support but not for Pre-ETS.
Educational Evaluation: Used to determine eligibility for school-based services. A wide variety of assessments, questionnaires, and other tools determine how disability impacts a student’s ability to access academic and non-academic areas of education and whether specially designed instruction is needed to access FAPE.
Equity: A quality of fairness that is present when someone with a disability has appropriate, individualized help to enable the same access to opportunities that are available to individuals without disabilities.
ESSA: Every Student Succeeds Act. A 2015 law that reauthorized the 50-year-old Elementary and Secondary Education Act (ESEA), the nation’s education law that provides equal opportunity for all students.
FAPE: Free Appropriate Public Education. Learning that is equitable, accessible, and meaningful. FAPE is what a student with a disability is entitled to receive from the school, based on documented, individualized needs.
High School and Beyond Plan (HSBP): a future planning tool that is required for all Washington State students, beginning no later than 8th grade.
IDEA: Individuals with Disabilities Education Act. Federal law that grants funding to states to support educational programming for eligible students with disabilities. IDEA Part B supports children 3-21, and Part C supports children Birth-3.
IEP: Individualized Education Program. A unique school services plan for a student who is eligible based on disability circumstances, managed and documented by a team that includes family members and professionals.
IEP Transition Plan: A component of the IEP that is required by age 16 but can be added any time the student and IEP team are ready to discuss future goals and incorporate them into the student’s program, with goals and progress monitoring that consider life plans.
Inclusion: An environment where individuals with disabilities and without disabilities are learning or working together. The IDEA requires schools to deliver FAPE in the Least Restrictive Environment to encourage the inclusion of all students in general education spaces.
Individualized Plan for Employment (IPE): A service plan with support from a vocational rehabilitation agency.
Kevin’s Law: A Washington State law stating that a student receiving special education services has the right to participate in commencement ceremonies with same-age peers, regardless of when a diploma is earned.
LRE: Least Restrictive Environment. IDEA requirement that students receive special education services in general education settings to the maximum extent appropriate. Schools document why a student is unable to access FAPE within LRE (general education) before placing a student in a restrictive setting.
OCR: Office for Civil Rights. An enforcement agency that manages formal complaints and provides information about civil rights that protect individuals from discrimination based on race, gender, disability, and other factors. The U.S. Department of Education Office for Civil Rights is a federal agency with the responsibility of ensuring equal access to education through the enforcement of civil rights.
OEO: WA Governor’s Office of the Educational Ombuds: State agency that provides free online resources and 1:1 support for families navigating educational systems.
OSEP: Office of Special Education Programs. Federal agency within the US Department of Education that is responsible to administer the Individuals with Disabilities Education Act (IDEA).
OSERS: Office of Special Education and Rehabilitative Services. US Department of Education program with a mission “to provide leadership to achieve full integration and participation in society of people with disabilities by ensuring equal opportunity and access to, and excellence in, education, employment and community living.”
OSPI: Office of Superintendent of Public Instruction. Washington’s educational agency that partners with the state’s nine Educational Service Districts (ESDs) to provide guidance to Local Education Agencies (LEAs) that include 295 districts and 6 state-tribal education compact schools.
PAVE: Partnerships for Action, Voices for Empowerment. A non-profit agency that supports Washington families impacted by disability. A PAVE program is Parent Training and Information (PTI), which provides information, training, resources, and technical assistance to help family caregivers, students and professionals understand rights and responsibilities within education systems.
Person Centered Planning (PCP) : A method for helping an individual explore and celebrate life goals while building specific action steps and gathering people to offer support.
Pre-Employment Transition Services (Pre-ETS): Provided for groups of students by a vocational rehabilitation agency. In Washington DVR provides Pre-ETS for many disabilities, and DSB provides Pre-ETS for students with visual impairment. Included are job exploration, work-based learning experiences, counseling about educational opportunities, workplace readiness training, and instruction in self-advocacy.
Prior Written Notice (PWN): A required document that schools provide families after formal meetings. The PWN summarizes what was discussed and any agreements, disagreements, action items, or amendments to a student’s Individualized Education Program (IEP). A family/school communication plan can be designed at a meeting and documented in the PWN.
Procedural Safeguards: Written description of special education process, student/family rights, and options for dispute resolution.
Recovery Services: Additional educational opportunities considered to support students significantly impacted by the national health emergency caused by COVID-19.
School-to-Work: Programs available in many counties for students eligible for support from the Developmental Disabilities Administration (DDA).
Secondary Transition: Planning for and progressing through the change from high school to adult life.
Section 504: Part of the Rehabilitation Act of 1973. Provides anti-discrimination protections for individuals with disabilities throughout the lifespan.
Self-Advocacy: Ability to share thoughts and feelings, understand rights and responsibilities, make independent choices, and ask for help when needed.
SMART Goals: Specific, Measurable, Achievable, and Relevant goals set within a specific span of Time.
Synchronous/Asynchronous Instruction: Educational methods during distance learning. Synchronous instruction is provided when school staff directly interact with students in “real time,” whereas asynchronous instruction is recorded, independent, or parent-supported learning without school staff directly present.
Transition Services: Programming uniquely designed to support a student in preparation for adult life. Needs, strengths, preferences, and interests are considered for development of specially designed instruction, related services, community experiences, employment and other postschool adult living objectives. If appropriate, services include acquisition of daily living skills and provision of a functional vocational evaluation.
TVR: Tribal Vocational Rehabilitation. TVR is available for people with tribal affiliations in some areas of the state. Each TVR program operates independently. Contact each agency, listed on DVR’s website, for complete information about program access, service area, and eligibility.
The transition from high school to college can be a daunting experience for any teenager. Part of the transition process is preparing for and taking the entrance exams for college. If the student is receiving accommodations in school, they may qualify to receive special accommodations while taking a college entrance exam.
Most universities accept both SAT and ACT and the length of both tests is approximately the same. ACT has more questions in that same period, so fast workers may prefer it. However, the best one for a student is the one they feel best about, so trying sections of both before choosing which one to study for is recommended by most test prep professionals. Both ACT and SAT have free practice sections available.
A student must have approval from the College Board SSD (for the SAT) or ACT to use accommodations on an exam. If a student uses extended test time or other accommodations without prior approval, their test results will be invalid.
The process of requesting accommodations varies depending on the exam. These are the steps to request accommodations on SAT and ACT college entrance exams:
Step 1: Document the need for accommodations.
The student must have a documented disability. Documentation can be a current psycho-educational evaluation or a report from a doctor. The type of documentation depends on the student’s circumstances. The disability must impact the student’s ability to participate in the college entrance exams. If the student is requesting a specific accommodation, documentation should demonstrate the difficulty the student has performing the related task. The College Board provides a disability documentation guideline and accommodation documentation guideline, as does the ACT. Doctor notes and Individualized Education Program (IEPs) or 504 plans may not be enough to validate a request for accommodations; you must provide supporting information, such as test scores.
While students typically only receive accommodations if they have a documented disability, some (very few) students who have a temporary disability or special healthcare need can also be eligible. The request is different in these circumstances for those who wish to take the SAT exam and students are often urged to reregister for a date after they have healed. If the student cannot postpone their test, the request form for temporary assistance must be completed by a school official, student (if over 18) or parent, doctor, and teacher. Then, the form must be faxed or mailed to the College Board for processing.
Step 2: Allow plenty of time for processing.
It takes time to apply for accommodations, including a processing period of up to seven weeks after all required documentation has been submitted to the College Board SSD or ACT. If they request additional documentation, or if a request is resubmitted, approval can take an additional seven weeks. Start as early as possible before the exam date to allow enough time for processing, responding to a request for more documentation, and additional processing time. If the student will take the exam in the fall, they should begin the process in the spring to allow sufficient time for processing.
Step 3: Identify appropriate accommodations.
If the student has a formal education plan, review the current plan, and note accommodations listed throughout, especially (but not only) those the student uses during assessments. Read through recent medical evaluations, prescriptions, and records to ensure all accommodations have been included in the formal education plan, if the student has one, or to locate appropriate accommodations recommended by medical professionals. You may recognize some of the Possible Accommodations for SAT and ACT Entrance Exams.
Some accommodations may only be provided during certain sections of the exam, depending on the specific accommodation requested. For example, a student with dyscalculia may receive extended time during the math section of the exam but not for any other subject.
Step 4: Submit the request for accommodations.
The easiest way to request SAT accommodations is to go through your student’s school. If you choose to go through the school, the school’s Services for Students with Disabilities (SSD) Coordinator (Special Education Coordinator, Guidance/School Counselors, etc.) can go online to review the SAT Suite Accommodations and Supports Verification Checklist and submit the application. Having the coordinator submit the application will help streamline the process. Homeschooled students or those who choose not to go through the school may request accommodations on the SAT exam by printing the Student Eligibility Form and submitting all documentation by fax or postal mail.
Requesting accommodations for the ACT exam requires working with a school official who is a part of the IEP team. The accommodations requested should be similar to the accommodations currently being received in school and must be approved by ACT before the test. All requests, including appeals, must be submitted by the late registration deadline for the preferred test date. Homeschooled students may request accommodations on the ACT exam by creating an ACT account online and submitting the required documents electronically.
Step 5: Register for the college exam.
Once the student is approved for SAT accommodations, they will receive a Service for Students with Disability (SSD) number that must be included when registering for the test. The school’s SSD Coordinator should ensure all the correct accommodations are in place when it is time to take the college exam. Approved accommodations will remain in effect for one year after graduation from high school.
The following information is part of the college readiness workbook. You can download this and other parts of this workbook for your personal use. Each document is fillable.
Disclaimer: All content is for informational purposes only. The information on this page is not a substitute for legal advice. When it comes to the law and policy matter, please consult an attorney or advocate on your child’s behalf.
The following information is part of the college readiness workbook. You can download this and other parts of this workbook for your personal use. Each document is fillable.
How does my disability affect my learning and ability to show what I know on tests?
What accommodations do I need to be successful?
What postsecondary education or training programs do my teachers and school counselors recommend for my areas of interest?
Talk together about your concerns with Student Support Services / Disability Office
A school’s location could deter your child, even if the program is perfect. Where is the school located and does that school setting (urban, suburban, or rural) meet your student’s needs? If they cannot live independently, what is the distance from home?
Does the student/instructor ratio ensure your student can access office hours with their instructor as needed?
Not all programs provide the same accommodations, and colleges do not make modifications to alter academic requirements. Accommodations are what make it possible for your student to access the curriculum. An inaccessible program would be a waste of time and money.
Are the housing options accessible for your student’s individual needs?
Will they require someone to assist with self-help (like bathing), managing their medications and medical treatment, or nutrition and hygiene needs (like laundry, washing dishes, cooking)?
Do they have a service or emotional support animal?
* High school counselors and teachers are resources for connecting with colleges and training programs. Many schools have “College Fairs.”
*You can also call postsecondary school admission officers to request brochures and fact sheets about the school and its programs. Schools almost always include information about their programs online.
Disclaimer: All content is for informational purposes only. The information on this page is not a substitute for legal advice. When it comes to the law and policy matter, please consult an attorney or advocate on your child’s behalf.
The following information is part of the college readiness workbook. You can download this and other parts of this workbook for your personal use. Each document is fillable.
How does my disability affect my learning and ability to show what I know on tests?
What accommodations do I need to be successful?
What postsecondary education or training programs do my teachers and school counselors recommend for my areas of interest?
Talk Together About Your Concerns With Student Support Services
Where is the school located and does that school setting (urban, suburban, or rural) meet my needs?
If I cannot live independently, what is the distance from home?
Does the student/instructor ratio ensure I can access office hours with my instructor(s) as needed?
Not all programs provide the same accommodations, and colleges do not make modifications to alter academic requirements.
Does the program offer the accommodations I need to be successful?
Are the housing options accessible for my individual needs?
Do I require someone to assist with:
Self-help (like bathing)?
Managing my medications and medical treatments?
Nutrition and hygiene needs (laundry, washing dishes, cooking?)
Do I have a service animal?
Disclaimer: All content is for informational purposes only. The information on this page is not a substitute for legal advice. When it comes to the law and policy matter, please consult an attorney or advocate on your child’s behalf.
The following information is part of the college readiness workbook. You can download this and other parts of this workbook for your personal use. Each document is fillable.
These are some terms for post-secondary education programs that are unique to those supporting students with intellectual disabilities. Click on each term for more information.
A federally funded model demonstration grant that allows schools to create and/or further develop their program.
Programs receiving the TPSID grant are more likely to have accommodations to support students with IDD because they’re literally being paid to create and expand their programs.
Students attending schools that are CTP approved can apply federal funding from the Department of Education to pay for non-degree programs.
Some programs may use the acronym “IPSE” to indicate they are focused on supporting students with IDD.
Approved by the U.S. Department of Education and eligible for federal student aid.
*If a student has an IEP and they intend to participate in a non-degree college program, their transition goals don’t have to be focused on a major to help them prepare for higher learning.
Disclaimer: All content is for informational purposes only. The information on this page is not a substitute for legal advice. When it comes to the law and policy matter, please consult an attorney or advocate on your child’s behalf.
The following information is part of the college readiness workbook. You can download this and other parts of this workbook for your personal use. Each document is fillable.
Post-secondary schools each set their own procedures and requirements to request accommodations. Here are some key points and tips on effective ways to request accommodations.
Accessibility is one important way a post-secondary school can show it is inclusive. Over the last few years, many colleges and universities have been highlighting accessibility and the services they offer students with disabilities. This may help a student to decide to apply to a particular school and make it easier to find out how to apply for accommodations at a school they have selected. (Check out the College Readiness Workbook created by PAVE to see resources for post-secondary program selection.)
To request accommodations:
Begin by locating the campus disability services office on the school website. Type “disability” into the search bar. Often, the first result will be the office that provides accommodation for students with disabilities.
Name of Office: Phone:
Call the office to make an appointment and request any forms you can complete beforehand and how to obtain them (such as by mail or downloading from the school website). Make your appointment well before classes begin. It may take 6-8 weeks to process your request, so start early to have accommodations in place by the time you need them.
Note that some accommodations, such as Braille or interpreter services, may take more time than others to arrange.
If you have an IEP, note that transition planning is mandatory beginning at age 16. Parts of a transition plan can include selecting a post-secondary program, deciding which accommodations you will need, and starting the request process on time.
Appointment Date: Time: Contact:
Requirements to document a disability range widely from one post-secondary program to another. It’s important to reach out to disability services to learn their specific requirements, and if possible, talk with other students who have experience with school services. DREAM (Disability Rights, Education, Activism, & Mentoring) Group has lists of student organizations to contact for this type of information.
Schools may ask for documentation from a medical or other therapeutic provider, or disability services may be able to use a student’s current IEP or 504 plan.
3. You will need to submit proof of a disability that impacts activities of daily living, to meet the requirements to provide accommodations under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. The proof may be a form letter for a medical or therapeutic provider to fill out, or it may be notes from such a provider. It may be your most recent IEP or 504 plan. It must be specific to the condition or conditions for which accommodation is requested.
Be aware that a disability which is ‘mitigated’, that is, made less of an impairment by a device, an accommodation, or any other strategy for coping does not change a student’s rights under the ADA or Section 504.
The same is true for a condition that ‘comes and goes. For example, bipolar disorder, an autoimmune disorder, a gastrointestinal condition, or similar conditions in which symptoms are present at some times and not at others.
From a medical or therapeutic provider, schools often require that documentation must be in writing, must be current within three years, and include the following where appropriate:
A description of the student’s disability and how he/she is affected educationally by the presence of the disabling condition.
Identification of any tests or assessments administered to the student.
Suggestions for educational accommodations that will provide equal access to programs, services, and activities.
4. Documentation submitted to the college should provide clear evidence of need and demonstrate a history of use of the accommodations requested. While a high school IEP or 504 plan does not “transfer” to the postsecondary program, the disability office may accept these plans as proof of disability or use them as guidance in determining appropriate accommodations.
Collect and check the documentation you need:
Most recent Individualized Education Program (IEP)
Most recent 504 plan, Accommodations Plan, or Service Plan
Most recent educational evaluations
Diagnosis and/or treatment plan
Medical or professional service providers notes, including suggested accommodations (colleges may have a form for this)
Make copies of the completed request forms for your home file
Other
Remember to check the school website for any disability-specific or need-specific documentation requirements. For example, a student may be required to provide the results of a hearing assessment with expected progression or stability of the hearing loss, when requesting accommodations for a hearing disability.
5. Meet with the disability office staff to request and discuss accommodations. Complete the How to Decide on a Post-Secondary Program worksheet to help you prepare for this meeting, including organizing your questions and concerns.
Write down any additional questions to help you remember during the meeting.
6. When you receive written notice of the decision regarding your eligibility for accommodations and the list of approved accommodations, make enough copies to share with your instructors and keep a copy with you in class, in the event of a substitute instructor. Put the original in your home file for safekeeping.
Understand the limits of what the school is providing for assistive technology. For instance, many schools limit the loan of portable screen-readers to specified uses or time frames. Students may have to provide their own equipment or software outside those limits.
It is the student’s responsibility to give the eligibility notice with specific accommodations to each instructor every semester.
7. If accommodations become ineffective or you are not receiving approved accommodations, contact the disability services office immediately for assistance.
8. All accommodations are provided on a case-by-case basis. If your request for accommodations is denied, contact the disability services office to determine the process for appeal and equitable resolution.
Disclaimer: All content is for informational purposes only. The information on this page is not a substitute for legal advice. When it comes to the law and policy matter, please consult an attorney or advocate on your child’s behalf.
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.
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.
After you view the video, please take a quick moment to complete our survey. Your feedback is valuable!
Students who did not make adequate progress on IEP goals due to COVID-19 may be eligible for Recovery Services. IEP teams are responsible to make individualized, student-centered decisions about this option for additional educational services.
Students who turned 21 and “aged out” of their IEP services during the pandemic may be eligible for Transition Recovery Services. Read on for information and resources.
Transition Recovery Services are funded through a combination of state and federal sources, including through the American Rescue Plan. Transition Recovery will be an option for several years—beyond Summer 2021.
For students with disabilities, getting ready for life after high school can include work-based learning, career cruising, job shadowing, college tours, training for use of public transportation, community networking, agency connections, and much more. A student’s Individualized Education Program (IEP) is built to guide a student toward unique post-graduation goals.
COVID-19 halted the high-school transition process for many students. IEP teams are required to consider Transition Recovery Services to help those students get back on track toward post-secondary goals, including if they “aged out” by turning 21.
Transition Recovery Services are funded through a combination of state and federal sources, including through the American Rescue Plan. Transition Recovery will be an option for years—beyond summer 2021.
Keep in mind that Transition Recovery Services are uniquely designed for a specific student, and the “school day” may look quite different than traditional high school.
Eligibility for Transition Recovery Services is an IEP team decision
To consider Recovery Services, the IEP team reviews what a student was expected to achieve or access before COVID-19. The team then compares those expectations to the student’s actual achievements and experiences. If a service was “available,” but not accessible to the student due to disability, family circumstances, or something else, the team considers that.
Recovery Services are provided to enable students to get another chance on their transition projects and goals. According to guidance from Washington’s Office of Superintendent of Public Instruction (OSPI), IEP teams are responsible to discuss these topics in good faith and not rely solely on specific data measures for decision-making:
“Recovery Services should focus on helping the student achieve the level of progress on IEP goals expected if the pandemic had not occurred. These services should not be based on a percentage or formula calculation; the timeline and amount of recovery services should be an individualized decision for every student with an IEP.”
Keep in mind that schools are required to include family members on the IEP team. OSPI’s guidance also states, “Parents and families are key partners in identifying the need for Recovery Services, as they generally have current information about the student from the time of the school facility closures and since. As with all special education processes, school districts must provide language access supports, including interpretation and translation as needed, to support decisions about recovery services.
“School districts must ensure parents have the information and supports necessary to participate in the decision-making process.”
Here’s a set of questions for IEP teams to consider:
What did we hope to accomplish?
What did we accomplish?
What was the gap, and how can we fill that gap?
OSPI’s guidance was shared with families at a May 26, 2021, webinar. OSPI shares its webinars publicly on a website page titled Monthly Updates for Districts and Schools.
Every IEP team should talk about Recovery Services
The urgency of the discussion depends on a student’s circumstances. IEP teams supporting students at the end of their high-school experiences may need to meet promptly. Other teams may wait until the new school year or until the annual IEP review.
According to state guidance, “To be clear, OSPI is not requiring districts to immediately schedule and hold IEP meetings for every student with an IEP. These decisions may need to take place prior to the start of the 2021–22 school year, prior to the annual IEP review date, or could happen at the upcoming annual review date if the district and parent agree.”
The key question to bring to the meeting
TIP: Families and schools will consider this big-picture question, so write this one down and carry it into the IEP meeting:
“How will the school provide the services that the individual student needs to complete all of the experiences and learning that the IEP team had planned before a pandemic interrupted the high-school transition process?”
Transition Recovery Services are documented with PWN
OSPI guides IEP teams to document a support plan for a post-21 student through Prior Written Notice (PWN), which is a way schools notify families about actions related to a special education program. The school is responsible to provide PWN to family participants after any IEP meeting.
TIP: Review the PWN carefully to ensure that the discussion, decisions, and action steps are accurate. Family members can submit amendments to a PWN.
The IEP document itself cannot be amended to include post-21 services because federal law supports the right to a Free Appropriate Public Education (FAPE) for eligible students only through age 21.
What can families do?
Reach out to the IEP case manager to discuss when to meet to discuss Recovery Services as part of a team meeting. If there is urgency, make that clear in a written request.
Ask for documentation about progress made toward IEP annual and post-secondary goals during COVID-impacted school days. If there is no documentation, ask for a review of pre-pandemic data and an evaluation to determine present levels of performance.
Share observations about what worked or didn’t work during remote or hybrid learning, and any missed opportunities caused by the pandemic. Ask for the school to formally document family and student concerns as part of the IEP team record.
Procedural Safeguards include family rights to dispute resolution, including the right to file a formal complaint when there is reason to suspect a special education student’s rights were violated.
What if my student’s Transition Plan wasn’t fully formed?
An IEP can include transition planning any time the student, family, or teachers decide that life planning needs to be considered as an aspect of IEP services. The IEP Transition Plan aligns with a student’s High School and Beyond Plan, which Washington requires to begin before a student leaves Middle School. Therefore, some IEPs include a transition plan by about age 14.
Federal law (Individuals with Disabilities Education Act/IDEA) requires an IEP to include a Transition Plan by age 16. Although students aren’t required to participate, schools are required to invite students to participate in IEP meetings once transition is part of the program. PAVE provides an article to encourage youth participation on the team.
If the Transition Plan didn’t get built in a timely way due to the pandemic, IEP teams can begin that process and then consider whether Transition Recovery Services are warranted.
How are graduation requirements impacted by COVID?
On March 2, 2021, Governor Jay Inslee signed into law HB 1121, which allows for individual students to waive credit or testing requirements if their ability to complete them was disrupted by the pandemic. Temporary waivers were granted in 2020, and the new law gives the State Board of Education (SBE) permanent authority to grant school districts emergency waivers for cohorts of graduating seniors into the future. Schools are expected to help students meet requirements before falling back on the emergency waiver as a last resort.
To meet graduation requirements in Washington State, students choose from Graduation Pathways. For a student receiving special education services, the IEP team (including student and family) determines which pathway a student will follow and the target graduation date.
All students have the right to participate in Commencement
Students with disabilities have the right to participate in commencement ceremonies with same-age peers regardless of when they complete requirements for a diploma: See information about Kevin’s Law.
The Adolescent Behavioral Health Care Access Act, passed into law by the Washington Legislature in 2019, gives parents and providers more leverage in treating a young person who won’t or can’t independently seek medical help for mental illness and/or substance use disorder.
The Washington State Health Care Authority (HCA) in March 2020 launched several website links with information about the new law, which includes an option for Family Initiated Treatment (FIT).
The Washington State Hospital Association on July 9, 2019, provided a slide presentation describing the law’s history and its primary features.
A place to connect with other families concerned about adolescent mental healthcare access in Washington State is a group called Youth Behavioral Healthcare Advocates (YBHA-WA) on Facebook. Included on the page are handouts that summarize key aspects of the new law.
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Getting
mental health help for a youth in crisis can be complicated, frustrating and frightening.
Mental Health America ranks states based on the incidence of mental
illness and access to services. The agency’s 2020 rankings list Washington in
the 43rd position, based on various measures that indicate a higher prevalence of
mental illness and lower rates of access to care.
Often a
barrier to treatment is the youth, who may not be able to see a problem or want
to get professional help. Parents often struggle to navigate systems that must
balance a young person’s autonomy with concern that they may not be able to
make good decisions because of their development, specific illness
circumstances or symptoms that impact the brain.
In
Washington State, the age of medical consent is 13. That means that a person
13-17 years old can independently seek medical treatment, without the consent
or knowledge of parents.
Age of consent laws also have meant that Washington
youth could say no to mental health or substance use treatment, regardless of
whether parents and providers agreed that such treatment was necessary to
protect the safety and well-being of the adolescent.
A law passed
by the Washington legislature in 2019 gives parents and providers more leverage
when a young person is struggling with a mental illness or substance use
disorder and won’t independently engage with treatment. The law does not limit
an adolescent’s ability to initiate treatment on their own.
A January 8, 2020, article in Crosscut profiles several families impacted
by the new law. “Until the new law,” the article states, “parents often were
shut out of their teenager’s care and treatment plans and couldn’t push a teen
toward necessary outpatient or inpatient care without their consent.”
The
Adolescent Behavioral Health Care Access Act enables parents/caregivers to bring
a child for inpatient or outpatient treatment without requiring consent from
the child, ages 13-17. The law includes elements introduced by the state Senate
and House of Representatives, which originally titled the bill as HB 1874.
Passage of
the law was a win for the Children’s Mental Health Work Group, which studied and reviewed
recommendations from a stakeholder advisory group authorized by the 2018
legislature. The final version of the law included input from family members,
youth, clinicians, hospital staff and many others who met dozens of times. A June
13, 2019, slide presentation available online provides additional history and detail
about the work group and its recommendations: Family Initiated Treatment and
Engaging Families in Treatment of Youth. The webinar with sound is available on YouTube.
The 2020
legislature is considering amendments to the law, and the Children’s Mental
Health Work Group continues to meet to consider proposals to clarify provisions
that relate to residential treatment and referrals for Wraparound with
Intensive Services (WISe).
“Parent” is
broadly defined
The 2019 law
expands the definition of parent to include a wide range of family caregivers,
guardians and others who have authority to initiate treatment. The Revised Code
of Washington (RCW 9A.72.085) provides standards for “subscribing
to an unsworn statement” that can apply to a caregiver initiating
treatment.
Note that
parents retain the right to make medical decisions for children younger than
13, and adults 18 and older are responsible for medical decision-making if
there is no guardianship.
A
substantive change with the 2019 law is that providers may share mental health
information with parents without an adolescent’s consent, if the provider
determines that information sharing with family is in the best interests of the
adolescent patient. A list of information-sharing guidelines is included below.
How Family-Initiated
Treatment Works
If a parent/caregiver
believes that an adolescent requires mental health or substance use disorder treatment,
the adult can escort the young person to an inpatient or outpatient treatment facility
even if the adolescent doesn’t readily agree to go.
A provider
will assess the adolescent and consider information from the family to
determine whether treatment is medically necessary. An adolescent’s refusal to
engage with the provider cannot be the sole basis for refusing to treat.
An inpatient
facility can detain the adolescent under Family-Initiated Treatment (FIT) if
medically necessary. Note: another option could be detention under the Involuntary Treatment Act (ITA), if the adolescent is
determined to be gravely disabled or at imminent risk of self-harm or harm to
others.
If medical
necessity is found by an outpatient provider, a counselor is limited to 12
sessions over 3 months to attempt to work with the adolescent. If the young
person still refuses to engage with treatment, then the period of
Family-Initiated Treatment with that provider ends.
State laws
continue to encourage autonomy for young people, but family engagement is encouraged.
According to the Revised Code of Washington (RCW 71.34.010):
“Mental health and chemical dependency
professionals shall guard against needless hospitalization and deprivations of
liberty, enable treatment decisions to be made in response to clinical needs in
accordance with sound professional judgment, and encourage the use of voluntary
services. Mental health and chemical dependency professionals shall, whenever
clinically appropriate, offer less restrictive alternatives to inpatient
treatment. Additionally, all mental health care and treatment providers shall
assure that minors’ parents are given an opportunity to participate in the
treatment decisions for their minor children.”
Guidance
for Information Sharing
Federal
law, 42 CFR Part 2,
restricts information sharing related to substance use, and clinicians cannot
share that information without a patient’s written consent, regardless of
whether the substance use co-occurs with mental illness.
Providers
have discretion in determining what information about mental health diagnoses
and treatment is clinically appropriate to share with parents of an adolescent
13-17. A provider retains discretion in withholding information from
family/caregivers to protect an adolescent’s well-being. In general, the Adolescent
Behavioral Healthcare Access Act encourages sharing information to support collaboration
between the clinical setting and home. Specifically, providers and families are
encouraged to discuss:
Diagnosis
Treatment Plan
and Progress
Recommended medications,
including risks, benefits, side effects, typical efficacy, dosages and schedule
Education about
the child’s mental health condition
Referrals to
community resources
Coaching on
parenting or behavioral management strategies
Crisis prevention
planning and safety planning
Information
about state laws related to Behavioral Health Services for Minors is available
through the Washington State Legislature website under RCW 71.34.
Information
about child and youth behavioral health services in Washington State is
available from the Health Care Authority (HCA).
