Sample Letter to Request an IEP Meeting

Posted on September 29, 2025September 29, 2025 by Nicol Walsh

Families can request an IEP (Individualized Education Program) meeting at any time—not just during the annual review. A sample letter is available to help parents and guardians formally make this request. Guidance is also provided on who must attend IEP meetings, common reasons for requesting one, and tips for organizing communication and documentation.

A Brief Overview:

Families can request an IEP meeting at any time—not just during the annual review.
Washington state law (WAC 392-172A-03095) requires that the IEP team include specific people and roles.
Common reasons to request a meeting include academic struggles, behavior concerns, new diagnoses, or transition planning.
Students can also request meetings to advocate for themselves or adjust goals and supports.
PAVE offers helpful tools to support families in preparing for IEP meetings, including a fillable Who’s Who on the IEP Team contact form and sample letter to formally request a meeting—both available for download in multiple languages within this article.

Introduction

When a student has an Individualized Education Program (IEP), their IEP team is required to meet and review the program at least every year. The annual review date is listed on the cover page of the IEP document. Family caregivers can request additional meetings, and this article includes a sample letter families can use to formally request an IEP meeting.

Keep in mind that parents have the right to participate in meetings where decisions are made about eligibility or changes to a student’s special education services. A court decision in 2013 further affirmed those rights. More information about that case, Doug C. Versus Hawaii, is included in the PAVE article, Parent Participation in Special Education Process is a Priority Under Federal Law.

An IEP meeting request letter can be submitted to school staff and to district staff. Family participants have the right to invite guests to the meeting for support and to provide additional expertise about the student.

Required Members of the IEP Team

The best practice is for the school and parents to communicate about who will attend the meeting. If required school staff are unable to attend a meeting, parents must sign consent for their absence. Under Washington Administrative Code (WAC 392-172A-03095), a school district must ensure that each IEP team includes:

Parent/legal guardian
At least one general education teacher
At least one special education teacher of the student
District staff qualified in the provision of specially designed instruction (SDI), knowledgeable about the district’s general education curriculum, and knowledgeable about the district’s available resources
Someone (usually a school psychologist) qualified to interpret the instructional implications of evaluation results
At the discretion of the parent or the school district, other individuals who have knowledge or special expertise regarding the student, including related services personnel
Whenever appropriate, the student (required to be invited once a transition plan is added, by age 16 or earlier)

According to Washington state law (WAC 392-172A-03095), the IEP team includes an individual who is knowledgeable about district resources. Sometimes a school principal or other staff member fulfills that role, but families or school staff can request attendance by someone who works in the district’s special education department. If a school administrator says during a meeting, “We’ll have to check with the district and get back to you,” it may mean that a key decision-maker isn’t present. In that case, families or students can request another meeting with all required team members. This is especially important if the team is discussing services that might cost more or involve a change in the student’s educational placement.

The school’s meeting invitation lists attendees and can clarify when the meeting will start and end and the purpose or agenda for the meeting. PAVE provides an article about how students and families can prepare for a meeting by creating a handout for the team, including a Student Input Form.

Who’s Who on the IEP Team

PAVE offers a fillable Who’s Who on the IEP Team contact form to help you organize contact information and roles of the IEP team members.

Common Reasons to Request an IEP Meeting

Parents, guardians, and students have the right to request an IEP team meeting at any time during the school year—not just during the annual review. If there are concerns about a student’s progress, changes in needs, or questions about services and supports, it’s appropriate to ask for the team to come together. IEP meetings can be used to problem-solve, update goals, adjust services, or simply ensure everyone is on the same page. Regular communication helps keep the plan relevant and responsive to the student’s needs.

Here are a few examples of reasons parents or guardians might request an IEP meeting:

New diagnosis or information about a student’s disability
Frequent disciplinary actions
Student is refusing to go to school
Academic struggles
Lack of meaningful progress toward IEP goals (PAVE provides an article with a handout about SMART goals and progress monitoring)
Behavior plan isn’t working
Placement isn’t working
Parent or guardian wants to discuss further evaluation by the school or an independent agency

Here are a few examples of reasons parents or guardians might request an IEP meeting:

Feeling unsupported in class
Academic struggles
Trouble with peers or behavior plan
Goals don’t feel meaningful or realistic
Preparing for life after high school (transition planning is required by age 16)
New diagnosis or change in personal circumstances
Practicing self-advocacy or wanting a more active role in the IEP process

PAVE provides a sample letter to request an IEP meeting. You can copy and paste the text of this sample letter into your word processor to build your own letter. If sending through email, the format can be adjusted to exclude street addresses.

Sample Letter to Request an IEP Meeting

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

Learn More

Sample Letter to Request Evaluation

Posted on September 29, 2025September 29, 2025 by Nicol Walsh

Anyone with knowledge of a student may request a special education evaluation, and Washington State law requires that referrals be made in writing. Schools must respond within specific timelines and provide language access and support throughout the process. Families have the right to participate in all decisions and may dispute outcomes if they disagree. Special education is a service designed to meet individual needs, not a predetermined placement.

A Brief Overview

Washington State requires special education referrals to be in writing (WAC 392-172A-03005). Schools must assist individuals who cannot write.
Anyone with knowledge of a student can write a referral.
The state provides a Referral for Special Education Evaluation form for making a special education referral, available for download in multiple languages from the Office of Superintendent of Public Instruction (OSPI) website. The form is not required—any written request is valid.
Another option is to write a referral using the sample letter at the end of this article.
Schools are responsible to provide families with a referral form in their native language and to provide qualified interpreters so families can participate in all meetings to discuss their student’s special education eligibility and services.
Schools must respond to a referral within 25 school days and provide a Prior Written Notice (PWN) explaining their decision.
If the school agrees to evaluate, parent consent is required before the process begins. The evaluation must be completed within 35 school days, and an IEP developed within 30 calendar days if the student qualifies.
If a student is found ineligible for an IEP or the school refuses to evaluate, families may dispute the decision using procedural safeguards, request an Independent Educational Evaluation (IEE), or pursue evaluation for a Section 504 Plan.

Introduction

When a student is struggling in school and there is reason to suspect the challenges are disability related, anyone can refer the student for an educational evaluation. If the evaluation shows that the student is eligible, services are provided through an Individualized Education Program (IEP). Washington State requires special education referrals to be in writing, as specified in Washington Administrative Code (WAC 392-172A-03005).

What Schools Must Do After a Referral

If someone who knows the student asks for an evaluation, the school is responsible for:

Documenting the request
Recording the date the referral was made
Providing a referral form in the person’s native language
Responding to the request within 25 school days

If the person asking for the evaluation cannot write, the school is responsible for supporting them to complete the referral.

The school must provide a referral form in the native language of the person making the request. Schools are required to provide qualified interpreters to support parent participation in the referral process and for all meetings where a student’s eligibility and/or educational services are discussed. The Office of Superintendent of Public Instruction (OSPI) provides Parent Rights Information Sheets, downloadable in many languages on the Interpretation and Translation Services webpage.

Evaluation Process and Timelines

When a student is referred for a special education evaluation, the school has 25 school days to decide if they will do the evaluation. These are days when students are actually in school. The school must tell the family their decision in writing. This letter is called a Prior Written Notice (PWN), and it follows rules from WAC 392-172A-05010.

Usually, the school and family meet to talk about the referral and how the student is doing. If everyone agrees to move forward, the parents or caregivers sign a form giving permission for the evaluation to begin. Families can ask questions about what the evaluation will include. The school will look at all areas where the student might need help. This helps them understand the student’s strengths and challenges. If the student qualifies for special education, the results will help create a plan called an Individualized Education Program (IEP).

If the school decides not to evaluate and the family disagrees, the family has the right to take steps to solve the disagreement. These steps are explained in the procedural safeguards.

When the school agrees to evaluate the student, staff must promptly seek parent consent to begin the evaluation process (WAC 392-172A-03005).

Generally, parents sign a form that lists what the school will include in its evaluation. Parents can ask for additional areas to be evaluated to make sure the school gets data for all areas of concern. Families can ask for more information about what the evaluation will look like, where it will take place, how long it will take, and who will participate. The school and family can creatively plan the evaluation process if accommodations are needed. For example, if a student isn’t able to attend in-person school, the evaluation can be done in alternative locations.

After a parent signs consent, the school has 35 school days to finish the evaluation and meet with the family to talk about the results. The deadline may be extended if the family agrees, particularly to accommodate needs of the family or student.

The 35-day deadline does not apply if the student is unavailable for the evaluation or enrolls in another school district before the evaluation is finished (WAC 392-172A-03005).

For students found eligible for services, the school develops an IEP within 30 calendar days and requests parent consent for services to begin. The school and family meet to review a DRAFT version of the IEP and write a final version together before consent is signed. School staff provide a Prior Written Notice (PWN) with a summary of the meeting, agreements, and timelines before services start. PWN requirements are described in WAC 392-172A-05010.

How to Refer a Student for Evaluation for Special Education

The Office of Superintendent of Public Instruction (OSPI) is the guidance agency for Washington State. OSPI provides a Referral for Special Education Evaluation form, downloadable in multiple languages from a website page titled, Model Forms for Services to Students in Special Education. Families may use OSPI’s form, a form provided by their school, or their own choice of format to write their request for a student to be evaluated.

Further explanation of the referral and evaluation process is provided on the OSPI website page, Making a Referral for Special Education.

A non-discriminatory evaluation is part of the protections for a student with a known or suspected disability that may significantly impact their access to education (Child Find Mandate). Child Find protections are part of the federal Individuals with Disabilities Education Act (IDEA). Child Find applies whether there are academic and/or non-academic school impacts.

PAVE provides more detail about IEP eligibility and evaluation process: Evaluations Part 1: Where to Start When a Student Needs Special Help at School.

Sample Letter to Request an Evaluation

Below is a sample letter to write a request for a special education evaluation. You can copy and paste the text of this sample letter into your word processor to build your own letter.

The state provides an alternative form, downloadable from OSPI’s website page titled, Making a Referral for Special Education. Your school district is responsible to provide a form, in your language, for you to submit your written request. These formats are your choice—any written request is valid. If you cannot write, you can ask for an evaluation by telling the school and they can write the request with you.

Submit your written request through email, by mail, or by hand delivery, to the special education/special services manager at your school’s district office. You may submit additional copies to school administrators and/or a school psychologist—the person who manages evaluations for your school. Be sure to keep copies of all of your communications with the school in an organized, safe place.

Special Education is a Service, Not a Location

A request for a special education evaluation is NOT a recommendation to remove a student from the regular classroom and move them into an exclusive learning environment. Federal and state laws require that students receive education and services in the Least Restrictive Environment (LRE) to the maximum extent possible to meet their needs. Special Education is a service, while LRE refers to placement. You can read more about this in the PAVE article, Special Education is a Service, Not a Place. Decisions about placement are made by the IEP team, which includes the family. The IEP team is responsible to consider the child’s circumstances and capacities as its top priority—not pre-built programs or district resources. The PAVE article, Parent Participation in Special Education Process is a Priority Under Federal Law, provides detail about parent participation in special education process.

Parents Can Appeal Decisions and/or Seek a 504 Plan

If a student is evaluated and found not eligible for an IEP (or if the school refuses to do an evaluation), the family has the right to dispute the decision using Procedural Safeguards.

If they disagree with the district’s evaluation or its findings, the family may seek an Independent Educational Evaluation (IEE), which is done by an agency outside of the school district. The district must pay for an IEE or deny the request using Due Process. See PAVE’s article: Evaluations Part 2: Next Steps if the School Says ‘No’ to Your Request. The article includes a sample letter to request an IEE.

Another option if a student doesn’t get an IEP is to develop a Section 504 Plan, which accommodates a person with a disability that impacts a major life activity (learning, walking, speaking, writing, socializing…). Section 504 is part of the Rehabilitation Act of 1973, which protects the civil rights of individuals with disabilities against discrimination throughout their lives. See PAVE’s article about Section 504 rights, which also protect students who qualify for an IEP: Section 504: A Plan for Equity, Access and Accommodations.

Final Thoughts

Requesting a special education evaluation is a straightforward process that begins with a written referral. By following the required steps and understanding your rights, you can help ensure your student receives the support they need. Whether you use a formal form or write your own letter, the request must be clear and submitted in writing. This step initiates the evaluation process and ensures the school is legally obligated to respond.

Learn More

Where to Begin Toolkit: A comprehensive guide for families navigating the special education process, including sample letters and timelines.
PAVE Sample Letters to Support Family Advocacy: Provides downloadable sample letters for various special education requests, including evaluations and dispute resolution, to help families communicate effectively with schools.
OSPI – Making a Referral for Special Education: Step-by-step guidance on how to submit a referral, who can refer, what to include, and what happens next.
OSPI – Special Education Resource Library: Searchable library of guidance documents, technical assistance papers, and training materials.

PAVE Provides Sample Letters to Support Families in their Advocacy

Posted on September 25, 2025September 26, 2025 by Nicol Walsh

PAVE offers a collection of downloadable sample letters, available in multiple languages, to help families advocate for their children’s educational needs. These letters support clear and effective communication between families and schools, making it easier to request evaluations, meetings, or behavioral support. Whether you’re just getting started or need help with a specific concern, these tools can guide your next steps.

What is an Advocate?

An advocate is someone who works toward a cause or goal. While professional advocates may be trained to support others, family caregivers often become advocates themselves when they speak up for a child’s needs. Sometimes the hardest part of advocacy is figuring out what to do next. When a child has unmet needs at school, students and family advocates can request evaluations, meetings, or behavioral assessments to help improve services. Putting these requests in writing helps formalize the process and ensures that everyone involved is accountable.

PAVE helps families get started with a collection of sample letters, available for download in multiple languages. We’ve bundled links to those letter templates here for easy reference. Each link takes you to a short article with key information to help you understand the process of special education and how your customized letter can move you forward in that process.

Always Keep Your “Why” in Mind

Why are you taking action? Because you want something to improve for your child! PAVE’s short video, Quick Start Your Advocacy in Two Steps, might help you get ready to craft a letter. The video helps you ask two key questions:

What do you want?
Who has the power to work with you and make that happen?

As you write your letter, keep those questions and your “why” top of mind.

Request an Evaluation

Sample Letter to Request Evaluation: Schools are required to evaluate students to determine eligibility for a Section 504 Plan or an Individualized Education Plan (IEP). A referral can come from anyone with knowledge of the student and must be in writing. This article provides a sample letter and a link to an alternative form provided by the Office of Superintendent of Public Instruction (OSPI).

Request an IEP Meeting

Sample Letter to Request an IEP Meeting: Family members can request an IEP team meeting anytime there are concerns about how the IEP is being implemented and whether a student may have unmet needs. This article includes information about who is required to attend an IEP meeting and the rights of parents to participate in educational decision making.

Request a Functional Behavioral Assessment

Sample Letter to Request a Functional Behavioral Assessment: If a child’s behavior is getting in the way of their education, the school is responsible to assess the problematic behaviors and develop a support plan to teach the student what to do instead. In addition to a sample letter, this article provides a link to a video to help families and schools work together through this process.

Request an Independent Educational Evaluation (IEE)

Evaluations Part 2: Next Steps if the School Says ‘No’: If the school evaluates a student and says they aren’t eligible for an IEP or a specific area of service, parents have steps they can take if they disagree. One option is to request an Independent Educational Evaluation (IEE) from an outside provider. This article provides a sample letter for requesting an IEE at school district expense. If the family requests an IEE because they disagree with the school’s evaluation or its conclusions, then the district must pay for the IEE or deny the request through Due Process: IEE denials are evaluated by an Administrative Law Judge.

Final Thoughts

Families who want individualized assistance can reach out to PAVE by completing the Get Support form. Check out the PAVE Calendar for upcoming trainings and events.

Evaluations Part 1: Where to Start When a Student Needs Special Help at School

Posted on September 25, 2025September 25, 2025 by Nicol Walsh

When a student is struggling in school and may have a disability, families can request a formal evaluation to explore eligibility for special education services. The process includes submitting a written referral, participating in a team-based assessment, and using the results to guide individualized supports. Even if a student doesn’t qualify for an IEP, other protections and accommodations may still be available.

A Brief Overview

Special Education is provided through the Individualized Education Program (IEP) for students with qualifying disabilities.
Anyone with knowledge of a student’s needs can make a referral for evaluation.
If a student is struggling and has a known or suspected disability, the school must evaluate to determine eligibility for special education.
Referrals must be made in writing, and schools must support families in removing barriers to this process, including providing translation and interpretation.
To qualify for an IEP, a student must meet three criteria: have a disability, experience adverse educational impact, and need Specially Designed Instruction (SDI).
Families are active participants in the evaluation and IEP development process and may request revisions to evaluation summaries and IEP statements.
Eligibility is determined based on how a disability affects learning, not solely on a medical diagnosis, and must fit one of 14 federally recognized categories.
Schools follow specific timelines for responding to referrals, completing evaluations, and developing IEPs.
PAVE provides Sample Letters to Support Families in Their Advocacy, including a Sample Letter to Request an Evaluation.

Introduction

When a student is struggling in school and may have a disability, families have the right to ask for an evaluation to better understand their child’s needs. This process helps identify learning challenges and guides decisions about supports that can make school more accessible. Starting with a referral for evaluation, families and schools can work together to identify what a student needs to thrive with individually tailored school-based supports.

Who Can Make the Referral?

Anyone with knowledge of a student’s learning or developmental needs can make a referral for special education evaluation. This includes parents, guardians, family members, teachers, school staff, counselors, early learning providers, and even community members. Referrals can be made for students ages 3–21 who are suspected of having a disability and may need special education services.

School districts are required to actively seek out and evaluate students who may need support. This responsibility is called Child Find, and it is part of the federal Individuals with Disabilities Education Act (IDEA). Districts must have procedures in place to locate, identify, and evaluate students, including those who are unhoused, in foster care, highly mobile, or attending private schools within district boundaries.

Removing the Barriers to Evaluation

Schools must support individuals who are unable to write by helping them complete the referral in another format. This includes offering assistance in drafting the referral or providing alternative methods such as verbal requests or translated forms. The goal is to remove barriers that might prevent a family from initiating the evaluation process.

Schools are legally required to provide evaluation materials and meeting support in the family’s native language or preferred mode of communication. This includes oral translation, sign language interpretation, Braille, or other formats when written language is not used. During the evaluation process, districts must ensure that parents understand all documents and decisions, and must document that translation or interpretation was provided. For example, prior written notice must be translated orally or by other means, and the district must keep written evidence that the parent understood the content. These protections are outlined in the statewide Procedural Safeguards developed by the Office of Superintendent of Public Instruction (OSPI).

Appropriate Evaluation

The IDEA requires schools to use “technically sound” instruments in evaluation. Generally, that means the tests are evidence-based as valid and reliable, and the school recruits qualified personnel to administer the tests. A single assessment tool, such as an Intelligence Quotient (IQ) test, is not enough to determine eligibility for special education services. Instead, schools must conduct a comprehensive, unbiased evaluation using multiple methods to understand a student’s unique educational needs. This process involves a team approach and includes parents or guardians as active participants. The results help guide decisions about how best to support the student’s learning.

Evaluation Criteria as a 3-part Process

Not every student who has a disability and receives an evaluation will qualify for an IEP. The school district’s evaluation asks 3 primary questions in each area of learning that is evaluated:

Does the student have a disability?
Does the disability adversely impact education?
Does the student need Specially Designed Instruction (SDI)?

If the answer to all three questions is Yes, the student qualifies for an IEP.

Family Role in Evaluation

Keep in mind that a student does not need to meet all three criteria to be evaluated. Under the Child Find Mandate of IDEA, the school district must evaluate a child if there is a known or suspected disability that may have significant impact on learning.

Families are active participants in the evaluation process. After the evaluation is reviewed, the IEP team meets to talk about how to build a program to meet the needs that were identified in the evaluation. Key findings are summarized in the Adverse Educational Impact Statement, which guides the rest of the IEP. Additional findings become part of the present levels statement, which are matched with IEP goal setting and progress monitoring.

Read the Adverse Educational Impact Statement carefully to make sure it captures the most important concerns. The rest of the IEP is responsible to serve the needs identified in this statement. Families can request changes to this statement at IEP meetings. PAVE’s article, Advocacy Tips for Parents, provides information to help families prepare for and participate in meetings.

From Evaluation Results to IEP

Information, or data, collected during the evaluation is essential for developing the IEP. One of the most important outcomes of the evaluation is determining whether the student needs Specially Designed Instruction (SDI), which is the “special” in special education. The evaluation determines whether SDI is needed to help a student overcome barriers and access learning in ways that work best for them.

SDI is tailored instruction that helps a student overcome barriers caused by a disability and access learning in ways that work best for them. This may include changes in content, teaching strategies, or learning environments. For example, SDI might involve breaking tasks into smaller steps, using visual supports, or providing extra time for assignments. These supports are designed to help the student make meaningful progress in school.

Understanding how SDI works can help families participate more fully in IEP development. Asking questions about SDI can lead to more effective planning and collaboration. For example:

What specific instruction will be provided?
Who will deliver it?
How will progress be measured?

These questions can guide meaningful conversations during IEP meetings and ensure that the IEP reflects the student’s strengths, challenges, and learning needs.

To learn more, watch PAVE’s three-part video series: Student Rights, IEP, Section 504, and More.

In What Areas Can a Student Be Evaluated?

When a parent signs consent for an evaluation, looking through the list of areas the school intends to evaluate is important to ensure that all concerning areas are included. Families can request additional areas to include in the evaluation, including a Functional Behavioral Assessment, for example.

Keep in mind that strengths are measured alongside challenges and can provide important details. An IEP should always include statements about what the student does well, and the IEP team uses this information to reinforce and build on strengths throughout the program.

Below is an infographic showing skill areas that are commonly evaluated:

Eligibility Categories for Special Education

Once a student’s evaluation confirms a disability that impacts learning, the next step is to determine whether the disability fits one of 14 federally recognized categories. These categories are outlined in Washington’s Administrative Code (WAC 392-172A-01035):

Autism
Emotional Disturbance
Multiple Disabilities
Specific Learning Disability
Visual Impairment / Blindness
Deaf-Blindness
Hearing Impairment
Orthopedic Impairment
Speech/Language Impairment
Developmental Delay (ages 0-8)
Deafness
Intellectual Disability
Other Health Impairment
Traumatic Brain Injury

These categories are intentionally broad to reflect the diverse ways disabilities can affect learning. The IEP team may discuss which category best fits the student’s unique situation. While a medical diagnosis can help inform the process, eligibility is determined by how the disability impacts the student’s education. This impact can be assessed with or without a formal diagnosis.

There is no such thing as a “behavior IEP” or an “academic IEP.” Once a student qualifies, the school is responsible for addressing all identified areas of need. The IEP is personalized to include programming, services, and placement designed to support the whole child.

In Washington State, children through age 9 may be eligible for services under the category of Developmental Delay. Full definitions for each category are available in WAC 392-172A-01035 and are also reproduced in this PAVE article: Washington Special Education Categories.

Timeline of Evaluation and Development of an IEP

The school follows specific deadlines for an evaluation process. They have 25 school days to respond to the referral in writing. If they proceed with the evaluation they have 35 schools days to complete the assessment. For an eligible student, an IEP must be developed within 30 calendar days.

Track your student’s progress from the point of referral for evaluation to the development of the IEP with the infographic below.

Timeline of Evaluation and development of an individualized education program (IEP)

Sample Letter to Request an Evaluation

Washington law requires that referrals for special education evaluation be made in writing. If a verbal request was previously denied, start again with a formal written letter sent by email, certified mail, or delivered in person.

OSPI provides a downloadable referral form on its Making a Referral for Special Education page. The person making the referral can use this form or any other written format that clearly communicates the request to evaluate.

Address the referral to the district special education director or program coordinator, and include an administrator at the student’s school. Be sure to include the student’s full name and birthdate, a clear statement requesting evaluation in all areas of suspected disability, and specific concerns. Supporting documents or letters from doctors, therapists or other providers may be attached. Include complete contact information and a statement that the parent or guardian is prepared to sign consent for the evaluation to begin.

Options When Families and Schools Disagree

Families can ask school staff to explain their decisions in writing. If a parent or guardian disagrees with something the school decides, they have rights to informal and formal dispute resolution options that are protected by the IDEA. Schools must provide a document called procedural safeguards, which outlines these options and explains the rights of both students and families. PAVE continues this topic in an article: Evaluations Part 2: Next Steps if the School Says ‘No.’

Eligibility for Section 504 Protections

Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that helps protect students with disabilities from discrimination in schools that receive federal funding. It applies to individuals whose disabilities significantly affect major life activities—such as learning, breathing, walking, or concentrating. Because the law is broadly written, it can apply to a wide range of conditions and circumstances.

Students who receive services through an IEP also benefit from protections under Section 504, which are built into the IEP process. In some cases, students who don’t qualify for an IEP may still be eligible for support through a Section 504 Plan.

Protections against bullying and discriminatory discipline are aspects of Section 504. PAVE provides articles about Bullying at School: Resources and the Rights of Students with Special needs and What Parents Need to Know when Disability Impacts Behavior and Discipline at School.

Learn More

PAVE provides downloadable toolkits ready for you, including Where to Begin When a Student Needs Help. For the full list of toolkits, type “toolkit” in the search bar at the top of this page.

Click on Get Support at the top of this page to submit a Support Request and receive individually tailored support, training, information, and resources.

Childcare-What to Know When Your Child has a Disability

Posted on September 19, 2025September 19, 2025 by Nicol Walsh

When a parent or family caregiver needs care for their child with a disability, finding safe, appropriate, and affordable care will be a priority. There are resources for children with disabilities and their families in Washington State to find safe and affordable childcare. For providers which take federal funds, civil rights laws protect access and appropriate services for children with disabilities and their families.

A Brief Overview

Two reliable sites with lists of childcare providers in Washington State are WA State Department of Children, Youth, and Families at findchildcarewa.org, and Childcare Aware of Washington Family Center, which is also by phone at 1-800-446-1114.
Childcare takes place in many different settings, licensed and unlicensed. A state license for childcare can help you decide if a childcare setting is safe. This article tells you how to find out if a provider is licensed.
It’s good to ask certain questions before enrolling a child with a childcare provider. This article offers a sample list.
Three laws protect the rights of children with disabilities in childcare settings that accept federal funding: Americans with Disabilities Act (ADA), Individuals with Disabilities Education Act (IDEA) Part C (Birth to Age 3) and Part B (Age 3 through high school graduation) and Section 504 of the Rehabilitation Act of 1972.
Childcare can be expensive. This article explains about tax credits and state programs that help working families, free early learning programs and preschool, and financial help when family, friends, or neighbors provide childcare for your child.

How can I find listings for childcare in WA State?

Use this link for listings on the Washington State Department of Children, Youth, and Families (DCYF): findchildcarewa.org

Washington State partners with Child Care Aware of Washington Family Center. The phone number for individual assistance with your childcare search is 1-800-446-1114

How can I find out if a childcare center, program, or family home childcare is safe?

By law, Washington State licenses certain childcare settings. Licensing sets standards that childcare programs and providers must meet. State inspections help ensure that licensed programs and providers meet the standards, which cover a wide range of topics, from the safety and cleanliness of the physical setting through number of staff per child, staff training, and age-and-ability appropriateness of activities and education.
Links to Washington’s licensing rules are on DCYF’s page on Becoming a Licensed Child Care and Early Learning Provider.

Licenses are required for:

Family home early learning programs:
An early learning program licensed by the department where a family home licensee provides childcare or education services for 12 or fewer children in the family living quarters where the licensee lives.
Childcare center early learning programs:
A facility providing regularly scheduled care for a group of children aged from birth through 12-years-old for periods of less than 24 hours a day.
School-age programs (might provide before and after-school childcare and school vacation care):
A facility providing regularly scheduled care for a group of children 5 through 12-years-old for periods less than 24 hours a day, when children are not attending school.
Outdoor Nature-Based program:
An early learning program that offers regularly scheduled care for preschool-age children, school-age children, or mixed-age children for periods less than 24 hours a day, when children are not attending school.

What types of childcare don’t need a license?

A nanny or babysitter in your family’s home
Informal parent cooperatives (example: “babysitting exchange”)
Play groups
Educational preschools that operate less than four hours a day
Parks and Recreation programs run by cities and towns
Family members, friends, and neighbors who provide occasional care (If friends or neighbors are providing childcare for multiple children on a regular basis, they are required to have a state license.)

Programs operated by cities and towns may have standards set by the local government. Contact your local Parks and Recreation Departments to find out what standards their facilities need to meet, how staff are chosen and background checked, and any other questions you have about whether a program will be safe and appropriate for your child.

Programs that operate on federal or state funding must meet Washington State licensing requirements, such as Head Start and Early Childhood Education and Assistance Program
(ECEAP).

More on Head Start and ECEAP under “How to pay for childcare.”

Find out if a program or provider is licensed by:

Checking in-person to see if a license is posted
Use “Child Care Check: an online search tool to get information about individual child care providers and early learning programs in Washington”

This search tool lets you search for licensing history (has the home or center ever lost its license?), state monitoring reports (did the inspectors find anything to worry about?) status of staff background checks (are they being done?) and more. The tool finds information in Washington State’s database of all licensed childcare facilities and home childcare providers.

Here is a downloadable, printable checklist of questions to ask when you visit a childcare setting. It’s from ChildCare Aware of Washington: Child Care Quality Checklist

Questions to ask a provider:

Questions to ask a provider when enrolling a child with disabilities into a childcare program. It’s important for parents to ask questions to ensure the provider can meet their child’s unique needs.

What experience do you have caring for children with disabilities?
Do you have staff trained in special education or disability support?
What is your adult-to-child ratio, and how flexible is it for children needing more support?
Are staff trained in administering medications or managing medical devices (e.g., feeding tubes, EpiPens, inhalers)?
How do you support children with behavioral challenges?
What is your approach to discipline, and how is it adapted for children with developmental or emotional disabilities?
Can you create or follow an Individualized Care Plan or IEP?
Are you willing to make reasonable modifications to activities, routines, or environments?
Do you allow assistive technology or support items (e.g., communication devices, wheelchairs, noise-canceling headphones)?

Are there laws that support my child with disability and protect their rights in a childcare setting?

There are three laws that may apply to childcare settings:

Americans with Disabilities Act (ADA)
Individuals with Disabilities Education Act (IDEA), Part C (Birth to Age 3) and Part B (Age 3 through high school graduation)
Section 504 of the Rehabilitation Act of 1972, usually referred to as “Section 504” or “504”

Title III of the Americans with Disabilities Act (ADA) applies to:

Federal, state, and local government-agency programs. Examples of this are Head Start, ECEAP (preschools operated by local school districts), summer programs, and extended day school programs.
Privately run childcare centers such as those licensed by Washington State. “Even small, home-based centers are covered by title III of ADA”
Private childcare centers that operate on the property of a religious organization, leasing or renting space on that property.

ADA does NOT apply to childcare centers that are RUN by religious organizations, such as a church, temple, mosque, or synagogue.

ADA requires childcare providers to give both children and parents with disabilities an equal opportunity to participate in the provider’s programs and services.

Centers cannot exclude children with disabilities from their programs unless their presence poses a direct threat to the health or safety of others or requires a fundamental alteration of the program.
Centers must make reasonable modifications to their policies and practices to integrate children, parents, and guardians with disabilities into their programs unless doing so would constitute a fundamental alteration.
Centers must provide appropriate auxiliary aids and services needed for effective communication with children or adults with disabilities, when doing so would not constitute an undue burden.
Centers must generally make their facilities accessible to persons with disabilities. Existing facilities are subject to the readily achievable standard for barrier removal, while newly constructed facilities and any altered portions of existing facilities must be fully accessible.

This website has many examples of situations to help parents and childcare providers understand what the law requires: Commonly Asked Questions about Child Care Centers and the Americans with Disabilities Act.

Individuals with Disabilities Education Act (IDEA), Part C (Birth to Age 3):

Children aged birth to 3 who have a disability or are at risk for certain disabilities may be eligible for services under IDEA. For children who qualify, Part C of IDEA authorizes services to support and promote a child’s development “in their natural environment.” This usually means the family home and often, the child’s childcare setting.

Parents can request their child be evaluated (tested) to see if they are reaching expected developmental stages. If evaluators find that a child needs support, a Family Resource Coordinator (FRC) will help the family create an Individualized Family Services Plan (IFSP). Family members have important roles in that plan, and professional staff provide services and help the family to use natural learning opportunities like playtime, meals, or baths to create opportunities for a child to practice and develop delayed skills.

Services in an IFSP may include, but are not limited to:

Specialized instruction
Speech therapy
Occupational therapy
Physical therapy

If childcare is a part of your child’s regular schedule, services may be able to be provided in the childcare setting, such as a scheduled time for a speech therapist to work with your child during childcare hours, and for childcare staff to include your family’s daily “practice time” to help your child meet their development goals.

If you are just beginning to look for childcare, your FRC may be a good resource to advise you on things to look for and questions to ask to find a childcare setting that can support your family’s IFSP.

You can check out these resources for much more information on Birth-to-3 programs:

Disability Rights for Littles: Key Information for Families of Babies, Preschoolers, and Primary-School Children (videos) -all the basics you need to know

PAVE: From Birth to Three Toolkit Basics and beyond! Read online or download, includes FAQ sheet and “cheat sheets”, summaries of important information at-a-glance.

WA State Department of Children, Youth and Families (DCYF) Early Intervention Services page: Includes contact information and links to apply for an evaluation for ESIT services to find out if your child qualifies.

Individuals with Disabilities Education Act (IDEA), Part B (Age 3 through high school graduation):

IDEA Part B applies to preschool and school-age children, and exists to ensure schools, preschools, and kindergartens provide eligible children with disabilities a Free, Appropriate Public Education (FAPE). When disabilities affect how a child is doing in preschool or school, IDEA Part B states that schools and preschools are required to evaluate the child to see if they qualify for special education and related services and supports. This article from PAVE has important background on this law: IDEA: The Foundation of Special Education.

If a child is eligible for special education, a team is brought together that includes parents, and an Individualized Education Program (IEP) is created for the child, listing the goals, education, and other supports the school or preschool will provide to meet the child’s learning needs.

For childcare settings, IDEA Part B will apply for these types of childcare settings:

Head Start programs
Early Childhood Education and Assistance Program
(ECEAP)
Transitional Kindergarten

This PAVE resource explains the differences in services between Part B and Part C of IDEA.

Section 504 of the Rehabilitation Act of 1973

Often called “Section 504” for short, this federal law administered by the Office of Civil Rights prohibits discrimination based on disability. To be protected under Section 504, a child must have a physical or mental impairment that substantially limits one or more major life activities, have a record of such an impairment, or be regarded as having such an impairment.

Section 504 applies to individuals 3-22 years of age. The law requires childcare centers, camps, and any other recreational programs that receive federal funding to provide preschool children with disabilities equal access to the program, with reasonable accommodations and modifications.

It also includes programs like Head Start, summer programs, and extended school day programs. 

Requirements for childcare centers:

Non-discrimination: Childcare centers cannot refuse to admit a child with a disability. 
Reasonable Accommodations: They must provide reasonable accommodations to enable children with disabilities to participate in the program. 
Individualized Assessments: Childcare providers must make an individualized assessment of a child’s needs. 
Modifications to Policies and Practices: They must make reasonable modifications to their policies and practices. 
Accessible Facilities: Childcare centers must ensure that physical spaces are accessible.

Help paying for childcare:

Federal Tax Credit: The child and dependent care credit is a tax credit that may help you pay for the care of eligible children or dependents. This credit is based on your income and the cost of caring for your children or eligible dependents to work, look for work, or attend school.

Seattle has a Child Care Assistance Program.

Washington State offers a program through the Department of Children, Youth, and Families (DCYF):

Working Connections Child Care (WWCC) helps working families pay for childcare. If a family qualifies and chooses an eligible provider, Washington State will pay part of childcare costs. Parents are responsible for any copayment of childcare fees not covered by the state, and those are payable to the provider every month.

The child or children must live in Washington State
The family with whom the child lives must live in Washington State
The family’s income must be at or below 60% of the State Median Income
The family must have less than $1 million in resources
Parent or parents must be participating in an approved activity, such as self-employment, employment, or being in high school or post-secondary education or taking part in the WorkFirst or BFET program.
Families experiencing homelessness are eligible.
If a parent or parents are seasonal agricultural (farm) workers, and live in certain counties, they may be eligible for the Working Connections program.

An additional up-to-date online resource is MomsRising.org. This site has brief, helpful information about the Working Families Child Care Program, especially when your child or children have a disability. It goes over issues such as:

How families and family size are defined for this program
Children with physical, intellectual and/or developmental disabilities
Children and families experiencing homelessness
Families where the parent or parents are high school or college students
What types of childcare are available
Getting financial assistance when a family member, friend, or neighbor can take care of your child or children
You can check details of your eligibility, including income requirements, on DCYF’s Working Connections Child Care website page.
Apply by calling the Child Care Subsidy Contact Center 1-844-26-8687 or online at Washington Connection.
Get help applying for this program and help finding childcare that meets your family’s needs through ChildCare Aware of WA.

Free state-licensed early learning childcare or preschool:

Head Start programs are federally funded and Early Childhood Education and Assistance Program (ECEAP) is a Washington State-funded program for children aged three and four, and in some locations, infants and toddlers younger than age three. Head Start offers services to pregnant women in some locations.

Your local school district will have an ECEAP program available.

Children are eligible for these programs based on their age and family incomes, with some children able to attend these free programs if they have multiple support needs. Visit the ECEAP & Head Start programs page on the DCYF website for more detail and contact information in English and Spanish.

Financial help for childcare by family, friends, or neighbors:

In Washington, this category is called Family, Friend and Neighbor Care. These settings are not required to have a license and are very common arrangements.
Informal care for children in your home or the family’s home may involve some expenses, and Washington State recognizes this with financial assistance (subsidies). Visit the Family, Friend and Neighbor Care page on DCYF’s website for contact information to apply for subsidies.

Online – Special Education Workshops

October 16 @ 6:00 pm – 7:00 pm PDT

Present Levels & SMART Goals: Connecting the Dots in the IEP
Discover how to align present levels with meaningful, measurable SMART IEP goals that drive progress.
Presenter: Sherry Mashburn

November 20 @ 6-7 PM
Special Education Eligibility: How Schools Decide / Elegibilidad para Educación Especial: Cómo Deciden las Escuelas
Get a clear look at how school districts determine eligibility, the evaluation process, and what it means for your child’s access to special education services. / Obtenga una visión clara de cómo los distritos escolares determinan la elegibilidad, el proceso de evaluación y lo que esto significa para el acceso de tu hijo(a) a los servicios de educación especial.
Presenter: Socorro Trujillo (Spanish)

January 15 @ 6-7 PM
Accommodations, Modifications, and SDI: What’s the Difference?
Discover how to align present levels with meaningful, measurable SMART IEP goals that drive progress.
Presenter: Marie Kerr

February 19 @ 6-7 PM
Discipline in Schools: What Parents Need to Know
Explore how discipline works for students with IEPs, including suspension rules, manifestation determinations, and how schools must balance safety with your child’s rights.
Presenter: Sherry Mashburn

April 23 @ 6-7 PM
High School Transition Planning: Preparing for What’s Next / Planificación de la Transición en la Escuela Secundaria: Preparándose para lo que Sigue
Learn how transition plans prepare your child for life after high school, college, work, and independent living, and how to make sure the plan reflects your child’s voice. / Aprende cómo los planes de transición preparan a tu hijo(a) para la vida después de la escuela secundaria, la universidad, el trabajo y la vida independiente, y cómo segurarte de que el plan refleje la voz de tu hijo(a).
Presenter: Socorro Trujillo (Spanish)

May 21 @ 6-7 PM
Inclusion & Belonging: What Parents Should Know
Learn how inclusionary practices help students with disabilities access the general education classroom, build friendships, and thrive, while benefiting all students.
Presenter: Marie Kerr

No registration is required!
Click to join via zoom! – Meeting ID: 737 702 3071

Free

Parent Training & Information a Program of PAVE

Related Events

Get Ready for School with IEP Essentials

Posted on August 25, 2025August 25, 2025 by Nicol Walsh

Every student deserves a strong start to the school year. For families of children with disabilities, preparing for school includes reviewing the Individualized Education Program (IEP). The IEP is a legal document and a living plan that outlines the supports and services a student needs to access their education. Families play a key role in shaping the IEP and making sure it works for their child.

A Brief Overview

The start of a new school year is a great time for families to revisit or begin the IEP process to support their student’s learning.
If a student doesn’t yet have an IEP, requesting an evaluation is the first step to determine eligibility for special education services.
Review the IEP before school starts to prepare questions and suggestions for the team.
Talk with your student about what to expect to reduce anxiety and build confidence.
Learn about the Individuals with Disabilities Education Act (IDEA) to understand your rights and responsibilities in the IEP process.
Communicate regularly with the IEP team to monitor progress and adjust plans as needed.
Gather documents, write questions, and invite support to prepare for IEP meetings.
Follow up after meetings to confirm next steps and maintain communication.
Take small, manageable steps to stay involved and support your student’s success.

Introduction

The beginning of a new school year is the perfect time to revisit your student’s Individualized Education Program (IEP). Whether your child already has an IEP or you’re just starting to explore the special education process, this season offers a fresh opportunity to reflect, plan, and engage.

As you and your student get ready for school, the most important thing is the “I” in IEP. The “I” is for “Individualized”. A thoughtful IEP highlights abilities and helps your student access the supports needed to learn. It helps ensure they receive the support necessary to learn, grow, and make meaningful progress—not just in school, but in life beyond graduation.

IEPs are built by teams, and families are essential members. When parents and students understand the process and actively participate, they help shape a plan that truly works.

What to do before the first day

If your student doesn’t have an IEP and you wonder whether a disability might be affecting their learning, now is a great time to explore the special education process. Understanding how evaluations work is the first step. If you’re unsure whether your child needs one, check out our article on How to Request an Evaluation, which explains how to get started.

Before the school year begins, review the IEP to prepare questions and suggestions for the team. PAVE recommends using their Steps to Read, Understand, and Develop an Initial IEP worksheet to guide this process.

After reviewing your student’s IEP or beginning the process to request one, the next step is ensuring your child is properly enrolled in school. Enrollment procedures vary by district, but they typically include submitting documentation, verifying residency, and understanding school assignment policies. For a clear overview of how and when to enroll your student, read this PAVE article: Starting School: When and How to Enroll a Student in School.

To help ease anxiety and build excitement, talk with your child about what to expect. Discuss new activities, classmates, and what will feel familiar. If your school offers an open house, plan to attend together. During your visit, take pictures and ask your child what they notice or wonder about. You can review the photos later to help them feel more prepared. PAVE’s article, Tips to Help Parents Plan for the Upcoming School Year, provides actionable strategies for easing anxiety, fostering independence, and creating a positive school experience.

What parents need to know about FAPE

At the heart of special education is the right to a Free Appropriate Public Education (FAPE), guaranteed by the Individuals with Disabilities Education Act (IDEA). FAPE means that students with disabilities are entitled to an education tailored to their individual needs—not a one-size-fits-all program. This is what makes IDEA unique: it ensures that every eligible student receives services designed specifically for them through an Individualized Education Program (IEP).

To qualify for an IEP, a student must go through an evaluation process to determine if a disability is impacting their education. If the student meets criteria under IDEA, they become eligible for special education services. These services are not about placing a student in a specific classroom—they’re about providing the right support, wherever the student learns. As you review your child’s IEP or prepare for meetings, ask: Is this plan appropriate and suitable for my child’s unique abilities and needs?

IDEA includes six important principles

The IDEA, updated several times since 1990, outlines legal rights for students with disabilities and their families. This PAVE article, Special Education Blueprint: The Six Principles of IDEA, explores the core principles, including: Free Appropriate Public Education (FAPE), Appropriate Evaluation, Individualized Education Program (IEP), Least Restrictive Environment (LRE), Parent and Student Participation, and Procedural Safeguards.

Effective communication is key to student success

Understanding legal rights is just the beginning—clear, consistent communication with the IEP team is one of the most effective ways to ensure your student’s plan leads to meaningful progress. Consider creating a communication plan with your child’s teachers or case manager. This might include weekly emails, a journal sent home in the backpack, scheduled phone calls, or progress reports. Be sure to have this plan written into the IEP or included in the Prior Written Notice (PWN) so everyone stays on the same page.

Writing down how you’d like to stay in touch helps the team understand what works best for your family. Get creative—what matters most is that the plan supports clear, consistent communication for the whole team. Here are a few ideas for ongoing communication with the school:

A journal that your student carries home in a backpack
A regular email report from the Special Education teacher
A scheduled phone call with the school
A progress report with a specific sharing plan decided by the team
Get creative to make a plan that works for the whole team!

Keep a log of communication with the school district and educational service providers. PAVE provides a downloadable Communication Log to help you track emails, phone calls, and texts.

Ready, set, go! 5 steps for parents to participate in the IEP process

Understanding the laws and principles of special education can help parents get ready to dive into the details of how to participate on IEP teams. Getting organized with schoolwork, contacts, calendar details, and concerns and questions will help.

This 5-step process is downloadable as an infographic.

5 Steps for Parents to Participate in the IEP Process (English)

1. Schedule

Parents or guardians should receive a written invitation to the meeting. The school and family agree on a date and time, and the school documents efforts to include families at all IEP team meetings. If the proposed time doesn’t work, remember that parents are required members of the team—you can request a different time that works better for you.

Ask beforehand for the agenda and a list of who will attend. This helps ensure there’s enough time to fully address the topics being discussed. If a key team member can’t attend the meeting, you have the option to either provide written consent to excuse their absence or request to reschedule if their participation is important to you. For a list of suggested attendees and a downloadable form to save contact information, PAVE provides a Who’s Who on the IEP Team.

If your student already has an IEP, a re-evaluation occurs at least once every three years unless the team decides differently. A parent can ask for a re-evaluation for sooner if needed, though typically a re-evaluation will not occur more than once a year.

2. Prepare

You can ask for a copy of the evaluation results or a draft IEP before the meeting to help you prepare. It’s a good idea to gather letters or documents from medical providers or specialists that support your concerns. Writing down a few questions ahead of time can help you remember what you want to ask. You might also make a list of your student’s strengths and talents—this helps the team build on what’s already working. If you have specific concerns, you can write a letter and ask for it to be included in the IEP. Some families invite a support person to attend the meeting, someone who can take notes, help you stay focused, and offer encouragement.

3. Learn

Knowing the technical parts of an IEP will help you understand what’s happening at the meeting. The IEP is a living program—not just a document—and it can be updated anytime to better meet your child’s needs. The IEP is a work-in-progress, and the document can be changed as many times as needed to get it right and help everyone stay on track.

Familiarize yourself with the components of an IEP:

Present levels of performance
Educational impact statement
SMART goals (Specific, Measurable, Achievable, Relevant, Timely)
Services, supports, and placement
LRE details
Transition planning (starting by age 16)
Behavior supports, if needed
Specially designed Instruction

4. Attend

At the meeting, each person should be introduced and listed on the sign-in sheet. Schools generally assign a staff member as the IEP case manager, and that person usually organizes the team meeting. Any documents that you see for the first time are draft documents for everyone to work on.

Be present and free of distractions so you can fully participate. Ask questions, share your perspective, and help keep the focus on your child’s needs and goals. If your child isn’t attending, placing a photo of them on the table may remind the team to keep conversations student-centered.

Everyone at the table has an equal voice, including you!

5. Follow up

After the meeting, follow through with the agreed communication plan. Make sure that everyone’s contact information is current and that you know how and when updates will be shared. If you still have concerns after the meeting, request a follow-up meeting or submit additional notes.

Stay organized with calendars, contact lists, and copies of important documents. Talk with your child about the upcoming year to ease anxiety and build excitement!

Tips for a smooth school year

As the school year begins, it’s important to think proactively about how to support your child’s learning and development. Establishing routines, setting goals, and building relationships with school staff can make a big difference.

If all of this sounds a little overwhelming, break the work into steps. Determine the best way to help your family stay organized with paperwork and information. Choose a calendar system that helps you track appointments and school events, such as back-to-school night or parent-teacher conferences.

Help your child’s team understand what works best for your student and share their strengths with a one-pager or a letter of introduction. PAVE provides a one-pager template, What You Need To Know About My Child, and a sample letter of introduction, Sample Letter to the IEP Team – Today Our Partnership Begins.

Let’s wrap things up!

Getting ready for school can feel like a lot, especially when your child has an IEP. But you don’t have to do everything at once. Take it one step at a time, and remember: you are not alone. This journey includes your child, and you’re walking it together. You are a vital part of your child’s team, and your voice truly matters. When families and schools work as partners, amazing things can happen. So trust yourself, speak up, and share what you know—because no one knows your child better than you. You bring love, insight, and hope to the table.

From all of us at PAVE, we wish you a happy and successful school year!

Learn More

PAVE – Placement: Deciding Where a Student Spends the School Day: Understand how placement decisions are made and what options may be available for students.
PAVE – What Parents Need to Know when Disability Impacts Behavior and Discipline at School: Explains how behavior and discipline are handled within special education and what rights families have.
PAVE – Toolkits Ready for You!: Offers downloadable guides and checklists to help families stay organized and informed throughout the IEP process.
Office of the Superintendent for Public Instruction (OSPI) Special Education Resource Library: Provides access to Washington State’s official guidance, forms, and tools for navigating special education.

Your Personal Roadmap: Students’ Guide to the High School & Beyond Plan

Posted on August 22, 2025August 22, 2025 by Nicol Walsh

Washington State requires all students to build a future-focused plan starting in middle school that can be tailored to match their goals and strengths. When students have IEPs, this planning must align with their transition services and support needs. Families play a key role in helping students explore options, build self-advocacy skills, and stay on track for graduation and beyond.

A Brief Overview

All public school students in Washington State start their High School and Beyond Plan (HSBP) by 8th grade, with activities often beginning in 7th grade.
The HSBP is a personalized plan that helps students think about their strengths, goals, and the steps needed for life after high school.
For students with disabilities, the HSBP must align with their IEP transition plan to ensure classes and supports match their future goals.
The HSBP is updated every year to reflect changing goals and progress.
It includes career interests, post-high school education plans, course selections, financial aid info, and a resume of schoolwork and activities by 12th grade.
Schools must offer support if students struggle in subjects like reading or math, and these supports should be included in the plan.
Families play a key role by staying informed, asking questions, encouraging self-advocacy, and connecting with community resources.

What Is the High School and Beyond Plan?

Whether you’re in middle school or already in high school, it’s never too early—or too late—to start thinking about what comes next. That’s where Washington’s High School and Beyond Plan comes in. All public school students in Washington are required to start an HSBP by 8th grade, and most begin the process in 7th grade with activities that help them discover their strengths and career interests. Schools are responsible for helping students create their first plan and update it every year to reflect new goals, track progress, and guide course selections. Students transferring into a Washington public school can develop an HSBP with their school up until 12th grade.

For students with disabilities, the HSBP plays an even more important role. It works together with your IEP transition plan to support your dreams and prepare you for your future after high school. When the HSBP and IEP are aligned, they make sure your classes, services, and supports match your long-term goals—whether that includes a job, college, technical training, or independent living.

The HSBP is like a personal roadmap that helps you plan for the next chapter of your life. It helps answer three big questions:

Where am I now?
This is about what you are good at, what you like, and what is hard for you. Think about how your disability might affect your schoolwork and what help you might need.

Where do I want to go?
Think about your hopes and dreams—do you see yourself in college, working a certain job, living on your own, or something else?

How do I get there?
This includes your goals, high school classes, learning accommodations, and the people who support you.

Your plan should be updated every year as you grow and your ideas change. It’s not just a one-time checklist—it’s a living tool that grows with you.

Washington High School and Beyond Plan (HSBP) addresses three questions: Where I am now, Where do I want to go and How do I get there.

How do the HSBP and IEP work together?

If you have an Individualized Education Program (IEP), it must include a Transition Plan by the time you turn 16. This part of the IEP is all about preparing for your life after high school graduation. Your IEP team will talk about things like:

Your graduation timeline

Work goals and job training

Continuing education

Independent living

Transportation and daily living skills

Some students with IEPs can stay in school until age 22 if they need more time to build skills for work, living on their own, or reaching other goals.

The HSBP and IEP transition plan are required to match and work together. That way, the classes you take and the supports you receive during high school will line up with your goals for the future.

What goes into your HSBP?

Every student’s HSBP is different, but most plans include:

Career interests and job ideas

Post-high school education goals (like college or trade school)

A course plan to meet graduation requirements and personal goals

Information about financial aid, scholarships, and other support for education

A resume or summary of schoolwork, job experience, and community activities by 12th grade

If you’re struggling in classes like reading or math, the school must offer you support and explain it in your HSBP. This helps you stay on track to graduate.

What should I think about for life after high school?

As you work on your HSBP and IEP, here are some questions to think about. You can talk about these with your family, IEP team, or trusted adults.

Jobs, Trades, & Work

What kinds of jobs sound interesting to you?

What training or help would you need to do those jobs?

Does your IEP include community work experience?

Education After High School

Do your personal goals include college or technical school?

What accommodations would you need there?

Have you talked to the Disability Support Services office at a campus?

Living Arrangements

Will you live with your family, a friend, or on your own?

How will you cook, clean, shop, and get around town?

Does your IEP include goals for independent living?

Community and Social Life

What will you do for fun?

Are there clubs, support groups, or activities you’d like to join?

How will you make and keep friendships?

How can families support students in building their HSBP?

Families are essential partners in planning for your child’s future, and your involvement plays a crucial role in their success. Here are ways you can actively support your child throughout this process:

Stay informed and ask questions. Regularly communicate with your child’s teachers, counselors, and school staff to stay updated on meetings, activities, and resources related to your child’s goals. Don’t hesitate to ask for clear explanations about the options and supports available.

Attend IEP meetings. After a student turns 18 (the age of majority), educational rights transfer from the parent to the student. This includes the right to attend and invite others to IEP meetings, such as their parent or guardian, especially during transition planning and discussions about the HSBP.

Review progress and update goals annually. Make it a habit to review your child’s progress and goals at least once a year. If your child’s interests, strengths, or needs change, share this information with the school so plans can be adjusted accordingly.

Encourage your child to speak up. Help your child build confidence by discussing their feelings, goals, and concerns about school. Practice how they can share their thoughts during meetings or conversations with adults involved in their education.

Practice setting goals together. Collaborate with your child to create small, manageable goals related to academics, social skills, or independent living. Celebrate their successes to boost motivation and help them develop ownership of their future.

Request clear and accessible communication. If you need information in a language other than English or in a format that’s easier to understand, ask the school to provide it. Schools are required to communicate in ways that enable your full participation.

Stay connected and involved. Ask the school to notify you well in advance about important meetings, workshops, or events where your input is needed. Your presence helps make sure your child’s needs and preferences are fully represented.

Connect with community resources. Look for local organizations, support groups, or agencies that help students with disabilities prepare for life after school. These resources can provide valuable guidance, training, and opportunities.

By taking these proactive steps, you empower your child to take charge of their future while making sure they receive the support they need every step of the way.

How can I speak up for myself?

Students—this is your chance to shine! When you lead your own IEP meetings or share your goals, you are practicing self-advocacy. PAVE offers a Student Input Form in the article Students: Get Ready to Participate in Your IEP Meeting with a Handout for the Team. This form helps you tell the team:

What you enjoy

What you’re good at

What support you need

These answers can guide your IEP and HSBP so the adults around you know how to help you to meet the goals you set for your future and accomplish your dreams!

Final Thoughts

The High School and Beyond Plan is all about you—your dreams, your choices, and your future. With the right tools and people supporting you, you can create a plan that fits your goals and helps you succeed. Remember to start planning early, keep your plan updated, and always aim high for your future.

Learn More

Explore the State Board of Education’s High School & Beyond FAQs to get answers about when the HSBP starts, what it includes, and how families can stay involved in the process.

Download the Aligning HSBP and IEP Transition Plans guidebook from the Office of Superintendent of Public Instruction (OSPI) for tools and tips to help schools and families make sure the HSBP and IEP transition plan work together.

Read PAVE’s School-to-Adulthood: Transition Planning Toolkit for help with career planning, graduation options, and how to connect your IEP and HSBP.

Check out the What’s Next? Transition Planning Timeline to see a visual guide of important steps from middle school through age 21.

Use PAVE’s Transition Triangle worksheet to understand how schools, community supports, and vocational agencies can help you plan for adult life.

Download the Planning My Path Toolkit for Young Adults with worksheets and activities that help you think about your goals for school, work, and independent living.

Learn about job readiness and support services through Ready for Work: Vocational Rehabilitation Guidance, including information about Pre-Employment Transition Services (Pre-ETS) in Washington.

Use the Transition Toolkit from the Center for Parent Information and Resources (CPIR) to find national resources that help students and families prepare for life after high school.

Understanding Epilepsy: Facts, History, and Support

Posted on June 23, 2025June 23, 2025 by Nicol Walsh

Epilepsy is a brain condition that causes people to have seizures. There are many different types of seizures, and each person’s experience with epilepsy can be different. Today, doctors have better ways to treat epilepsy, and there are more resources to help families. Even though some people still don’t understand epilepsy, support and awareness are growing.

A Brief Overview

Epilepsy is a brain condition that affects people in different ways and can cause different types of seizures.
People with epilepsy may also have other health conditions, like Autism, depression, ADHD, learning disabilities, or migraines.
In the past, people with epilepsy were often kept away from others because of fear and misunderstanding.
New medicines like Phenobarbital and Dilantin have helped many people control their seizures and live more normal lives.
Parents and caregivers help children with epilepsy, get the help they need at school and with doctors.
Special epilepsy centers give full care, including tests, support, and sometimes surgery.

Introduction

Understanding Epilepsy

Epilepsy is a neurological disease and a spectrum disorder. A person diagnosed with epilepsy is at a higher risk of having a seizure. A seizure occurs when there is a sudden, temporary burst of electrical activity in the brain that changes or disrupts the messages to the brain cells. The electrical bursts result in involuntary changes in body movement or function, sensation, behavior, and possible loss of consciousness/awareness of surroundings.

As technology has become more advanced, the medical community has discovered that there are many distinct types of epilepsy and different causes. Each person diagnosed with epilepsy has a unique experience. Epilepsy includes many types of seizures, grouped into three main categories based on where abnormal electrical activity occurs in the brain. The most common seizures are:

Tonic-clonic seizure: A tonic-clonic seizure causes loss of consciousness and violent muscle contractions.
Absence seizure: An absence seizure causes brief losses of consciousness and looks like a person is staring into space.
Focal aware seizure: During a focal aware seizure, the person is alert and aware that the seizure is occurring. The person may feel tingling sensations or have body movements that they cannot control. Previously called, simple partial seizure.
Tonic seizure: In a tonic seizure the muscles contract making the arms and legs very rigid. The seizures usually occur at night when the person is sleeping.
Myoclonic seizure: A myoclonic seizure is a brief shock-like jerk of a muscle or muscle group. The person may not even realize it has occurred.
Atonic seizure: Atonic seizures cause the muscles to go limp. Sometimes the person’s eyes may droop, and their heads will nod forward. If a person is standing up, and all their muscles go limp, they will fall.

In addition to the variations in seizures, epilepsy has other common health conditions linked to the diagnosis of epilepsy. Young children diagnosed with epilepsy are now automatically evaluated for autism, as research has shown a connection between the two conditions. Depression is the most common co-occurring health condition with epilepsy. Other health conditions commonly linked to epilepsy include ADHD, Learning Challenges, Anxiety, Mood Disorders and Migraines.

A Look Back: The History of Epilepsy Treatment in the U.S.

In the 1940s, people with epilepsy were often treated very differently than they are today. At that time, people with epilepsy were called “victims.” Back then, many families kept their loved ones with epilepsy at home and away from others because they were afraid of how people would react to seizures.

Doctors sometimes sent people with epilepsy to live in special communities, often on farms. These places were made to be safe and self-sufficient. People grew their own food, and workers helped with cooking and cleaning to prevent injuries during seizures. But these communities also kept people with epilepsy separated from the rest of society.

Things started to change when new anticonvulsant medicines, like Phenobarbital and Dilantin, were discovered. These drugs helped many people control their seizures and return to living at home. Both drugs are still in use today. Even with treatment, it was still hard for people with epilepsy to find jobs because of fear and misunderstanding.

By the 1960s, most of the special communities had closed. While treatment improved, people with epilepsy still faced stigma. Today, there is more awareness and support, but work continues to make sure everyone with epilepsy is treated fairly.

Advocacy in Action – From National Organizations to Parent -Led movements

Many years ago, several epilepsy organizations across the United States recognized the need to work together to better support individuals living with epilepsy. Groups like the National Association to Control Epilepsy, American Epilepsy League, and the National Epilepsy League each had their own ideas about how to organize and share responsibilities. It took more than 20 years of discussion and collaboration before they successfully united to form a single national organization: the Epilepsy Foundation.

Today, the Epilepsy Foundation plays a leading role in supporting people with epilepsy and their families. It offers reliable information about epilepsy and seizures, connects families to local support groups and resources, and advocates for better care and services. The Foundation also funds research to improve treatments and works closely with local chapters to ensure families can access help in their own communities.

In its early years, the Foundation was led mostly by medical researchers focused on developing treatments. Over time, it expanded to include the voices of families, caregivers, and community advocates. This broader involvement helped shape the Foundation’s mission and made it more responsive to the needs of those it serves.

In 1998, Susan Axelrod and a small group of parents started CURE Epilepsy to support research aimed at finding a cure for epilepsy, motivated by their experiences with treatment-resistant seizures in their children. CURE stands for Citizens United for Research in Epilepsy, and it is the only nonprofit organization solely dedicated to funding research to find a cure by supporting innovative science that targets the root causes of epilepsy.

Educational Advocacy for Children with Epilepsy

Parents and family caregivers of children with epilepsy often play a key role in ensuring their child receives the support they need at school. Because epilepsy can affect learning, attention, memory, and behavior, especially when seizures are frequent or medications cause side effects, educational advocacy is essential.

Working with schools to develop individualized plans that support their child’s learning and safety, families may advocate for:

Section 504 Plans: These provide accommodation such as extra time on tests, rest breaks, or permission to carry and take medication at school.
Individualized Education Programs (IEPs): For students whose epilepsy significantly impacts learning, an IEP outlines specialized instruction and services tailored to their needs.
Medical Action Plans: Parents collaborate with school staff to create emergency plans that explain how to recognize and respond to their child’s seizures.

Modern Treatments and Family Support

Today, children with epilepsy can get care at special medical centers called pediatric epilepsy centers. These centers focus on both the child and their family. They are designed to help children who still have seizures after trying two different medicines for at least three months.

Some of the services these centers may offer include:

A place to stay for longer testing and care
Support from social workers for both the child and family
Help from other doctors and therapists who work with the child
Neurosurgery, if it might help reduce or stop seizures

In Washington State, some examples of these centers are:

Families can also get help outside of the hospital. For example, PAVE provides information, resources, and parents for parents and individuals with disabilities in Washington State. If your infant or toddler has just been diagnosed with epilepsy, they may be eligible for early intervention services. PAVE provides an article, Early Intervention: How to Access Services for Children Birth to 3 in Washington, to support families in understanding the steps to get started, what services are available, and how to advocate for their child’s needs. Students and their families can contact PAVE for personalized support and training with IEPs, 504 plans, and medical action plans by completing the online help request form.

Parents can also join online support groups specifically for parents of children with epilepsy, or be matched with another parent who has been through a similar experience through the Parent-to-Parent program. If you are a family living in Pierce County, PAVE offers family support activities, information, and referrals through the Pierce Parent to Parent Program.

Final Thoughts

Understanding and awareness of epilepsy has come a long way over the years. Thanks to better medicine, more knowledge, and strong support from families and organizations, people with epilepsy can live full and active lives. There are still some challenges, like helping others understand what epilepsy is and making sure everyone gets the care they need. But with continued support and awareness, the future looks brighter for people living with epilepsy.

Learn More

Epilepsy-specific information, support groups, and resources:

Level 3 Epilepsy Centers:

Pediatric Level 4 Epilepsy Centers:

Attention Students: Lead your own IEP meetings and take charge of your future

Posted on April 22, 2025May 2, 2025 by Nicol Walsh

If you are a student with an Individualized Education Program (IEP), read this article to find out how you can be a leader on your IEP team. Your future is counting on you!

A Brief Overview

By the time you are 16 years old, the school is required to invite you to your IEP meetings. You can attend any time, and leading your own meeting is a great way to learn important skills.
The part of the IEP that focuses on your adult goals is called a Transition Plan, and it is all about you and your future.
If you need more help at school or aren’t learning what you need to learn, then your IEP might need some fixing. Your voice matters on the IEP team.
PAVE provides an infographic overview of Student-Led IEPs, available for download in multiple languages at the bottom of this article..

Introduction

It’s important to plan your time carefully so that every school day gets you closer to where you want to be when you are an adult.

Learn to be a self-advocate

An advocate (pronounced ad-vo-cut) is someone who asks for something in a public way. Public schools get money from the government, so they are considered public entities. When you ask the school to provide you with something that you need to succeed, then you are being a self-advocate.

The word advocate can also be an action word (a verb), but then it’s pronounced ad-vo-cate (rhymes with “date”). You advocate for yourself when you ask for what you need to succeed.

Here’s another way to use this hyphenated word: You can say that you “practice self-advocacy.” Leading your own IEP meeting is a great way to practice self-advocacy and develop important adult skills.

Your Transition Plan focuses on where you want to go

The part of the IEP that focuses on your adult goals is called a Transition Plan. The Transition Plan is added to the IEP by the school year when you turn 16. The plan includes details about:

when you plan to graduate (you can stay in school until your 22nd birthday if your IEP goals require more time)
what jobs you might choose
whether college is part of your plans
what lifestyle you imagine for yourself (will you drive, cook, shop, live alone?)
how school is getting you ready for all of that

The Transition Plan is all about you and your future. You can start taking charge of your future by going to your IEP meetings. You may want to lead all or part of the meeting, and you have that right.

By the time you are 16 years old, the school is required to invite you to your IEP meetings. From that year on, your school program is matched to your long-term goals.

The law says it’s all about you

Your rights as a student with an IEP are part of a federal law called the Individuals with Disabilities Education Act (IDEA). The IDEA says that schools must include family members and students on the IEP team. If you don’t play on the team, you can’t win the game, right? This is more important than a game—it’s Your Life!

The IDEA is a unique law because it says you get what you need in order to access school and learning. Getting an education that is specially designed just for you is called an entitlement. What you are entitled to is called FAPE, which means Free Appropriate Public Education.

You can become a leader on your IEP team by learning more about FAPE and how to talk about what it means to you. Public education is free for all school-age students in the United States, but consider this question: What makes your education appropriate?

Here are some questions to help you think and talk about FAPE:

What is it like to have a disability?
What about your disability makes school hard?
What do you need at school that helps you learn?
Are you getting better and better at the skills you need to be good at?
Are your teachers helping you see what you do well?

If you are learning important skills at school, and your learning is helping you build on your strengths, then you are probably getting FAPE. If you need more help or aren’t learning the skills that you need to move forward, then your IEP might need some fixing. Keep in mind that the school is responsible to provide you with FAPE. You have the right to ask for FAPE.

Learn what your IEP can do for you

Here’s a starter kit to help you understand what your IEP says and how you can ask for changes. When you go to your IEP meeting, you have the right to ask the teachers and school administrators to help you read and understand your IEP.

These are some important parts of an IEP:

Category of Disability: This is on the “cover page” of the IEP document. It lists the type of disability that best describes why you need individualized help at school. You should know this category so you can understand how and why teachers are supposed to help you.
The Present Levels of Performance: This is the long section at the beginning of the IEP that describes how you are doing and what the school is helping you work on. The beginning of this section lists what you are good at. Make sure that section is complete so you can be sure the teachers help you build on your strengths.
Goals: When you qualified for an IEP, the school did an evaluation. You showed that you needed to learn certain things with instructions designed just for you. To help you learn, the teachers provide Specially Designed Instruction. They keep track of your progress toward specific goals in each area of learning. You can learn what your goals are and help track your progress. The I’m Determined.org website provides videos of students describing their goals and other downloadable tools, like worksheets to help you track your goals.
Accommodations: You can ask for what you need to help you learn in all the different classrooms and places where you spend the school day. Do you learn better if you sit in a specific part of the classroom, for example, or if you have a certain type of chair? Do you need to be able to take breaks? Do you do better on tests if you take them in a small, quiet space instead of the regular classroom? Do you need shorter assignments, so you don’t get overwhelmed? Helping your teachers know how to help you is part of your job as an IEP team member.

Get Ready for Your IEP Meeting

You can get ready for your IEP meeting by looking over the IEP document. You may want to ask a family member or a teacher to help you read through the document. If you don’t understand what’s in your IEP, plan to ask questions at the meeting.

PAVE provides a worksheet to help you prepare for your meeting. It’s called a Student Input Form. You can use this worksheet to make a handout for the meeting or just to start thinking about things you might want to say. If you don’t want to make a handout, you might draw pictures or make a video to share your ideas.

These sentence starters might help you begin:

I enjoy…
I learn best when…
I’m good at…
It’s hard for me when…
I want more help in these areas…
I like school the most when …
Teachers are helpful when they…
I want to learn more about …
It would be great if…

You may want to think about your disability and how it affects your schoolwork. You could work on a sentence or draw a picture to help the teachers understand something that is hard for you. These might be the parts of a sentence that you can personalize:

My disability in the area of …
makes school difficult because…

Your handout can include a list of what you want to talk about at the meeting. Here are a few ideas, but your options are unlimited:

A favorite class, teacher or subject in school?
A time during the school day that is hard for you?
Your IEP goals?
Something that helps you feel comfortable and do well?
Something you want to change in your school schedule or program?
Graduation requirements and when you plan to graduate?
Your High School and Beyond Plan?
Anything else that’s important to you?

It’s never too soon to plan ahead!

Setting goals and making some plans now will help your school and family help you make sure you’ve got the right class credits, skills training and support to make that shift out of high school easier.

Being a leader at your IEP meeting is a great way to build skills for self-advocacy and self-determination, which is another great two-part word to learn. Self-determination means you make choices to take control of your life. At your IEP meeting, you can practice describing what helps you or what makes your life hard. You get to talk about what you do well and any projects or ideas that you get excited about. In short, you get to design your education so that it supports your plans to design your own adult life.

Learn More

PAVE has prepared Planning My Path: A User-Friendly Toolkit for Young Adults, a collection of tips and tools to help students plan for their future.
Seattle University’s Center for Change in Transition Services provides a toolkit for youth to plan for their futures and training information on writing transition plans, student-led IEPs, and job shadowing experiences.

Download the Benefits to Student Led IEPs

Download the Benefits to Student Led IEPs in Vietnamese

Download the Benefits to Student Led IEPs in Korean

Download the Benefits to Student Led IEPs in simplified Chinese

Download the Benefits to Student Led IEPs in Somali

Download the Benefits to Student Led IEPs in Russian

Download the Benefits to Student Led IEPs in Spanish

Ensuring Safety and Inclusion: Adding an Emergency Action Plan to the IEP or 504 Plan

Posted on January 29, 2025May 6, 2025 by Nicol Walsh

Emergency Action Plans are crucial for ensuring the safety of students with disabilities during crises like earthquakes, fires, or active shooter events. These plans should be integrated into existing Individualized Education Programs (IEPs) and 504 plans, which already provide accommodations for educational and behavioral needs.

Federal laws mandate that schools offer equitable emergency services to all students, including those with disabilities. Washington state law also requires comprehensive safe school plans that include provisions for students with special needs, regular safety drills, and collaboration with local emergency response agencies.

Brief Overview

An individualized Emergency Action Plan prepares students with disabilities for external emergencies.
The Americans with Disabilities Act (ADA) requires schools to provide reasonable accommodations to ensure the safety and participation of students with disabilities, including during emergency procedures.
The Individuals with Disabilities Education Act (IDEA) requires that schools consider the unique needs of students with disabilities when developing and implementing emergency response plans.
Section 504 of the Rehabilitation Act mandates that schools provide reasonable accommodations to students with disabilities to ensure equal access to education, including safety procedures and emergency drills.
Washington State law requires that schools develop and implement comprehensive safe school plans that are inclusive of and accessible to students with special needs (RCW 28A.320.125).
Download the Emergency Action Plans handout to prepare for and share at an upcoming IEP or 504 plan meeting.

Introduction

In Individualized Education Program (IEP) or Section 504 plan meetings, we often discuss accommodations, which can include placement, specially designed instruction, transportation, related services, and more. In some cases, a behavior intervention plan (BIP) accompanies the IEP or 504 plan. While reviewing these documents, we develop accommodations and responses for educational and behavioral purposes in various environments and situations. However, what sometimes gets overlooked is an Emergency Action Plan.

Emergency Action Plans allow us to prepare for external emergency situations and crises, such as earthquakes, fires, or even active shooter events. While these are high stress topics, we also want our families to be aware of real-world events so we can best prepare and protect our children.

We’ll start with a quick reminder of students’ rights and responsibilities, and Washington State Requirements for emergency planning.

Rights of Students with Disabilities

Federal law emphasizes the inclusion and equitable treatment of students with disabilities in school emergency management plans. These laws ensure that students with disabilities receive the same emergency services as their non-disabled peers and are considered during all stages of emergency management planning. This principle is supported by several federal laws, including the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act.

The Americans with Disabilities Act (ADA) prohibits discrimination based on disability in all areas of public life, including schools. This means that schools must ensure their emergency plans are accessible to and inclusive of students with disabilities. The ADA requires schools to provide reasonable accommodations to ensure the safety and participation of students with disabilities, including during emergency procedures.

The Individuals with Disabilities Education Act (IDEA), is a federal law designed to ensure proper education for students with disabilities and guarantees a free and appropriate public education (FAPE) to all students with disabilities. This includes the right to a safe and supportive learning environment, which extends to emergency situations. Schools must consider a student’s Individualized Education Program (IEP) or 504 plan when developing emergency procedures, ensuring that necessary accommodations and supports are integrated into the school’s overall plan.

Section 504 of the Rehabilitation Act, similar to the ADA, prohibits discrimination based on disability in any program or activity receiving federal financial assistance, including schools. This law mandates that schools provide reasonable accommodations to students with disabilities to ensure equal access to education, including safety procedures and emergency drills.

When referring to Emergency Action Plans or evacuation plans for special education students, Wrightslaw emphasizes that schools have a legal and ethical obligation to create individualized plans that cater to the specific needs of each student with a disability, ensuring that no child is left behind in an emergency situation. Individualized plans should consider physical, sensory, cognitive, and mobility impairments. The school should conduct practice drills, training to familiarize staff with individualized plans, and risk assessments to help identify any potential obstacles that could occur in an emergency situation.

Washington State Requirements for Emergency Planning

In addition to the requirements under federal law, Washington state law emphasizes the need to include planning for students with special needs or disabilities in the safe school plan, with provisions for assisting and communicating with staff and students (RCW 28A.320.125). Each school district is required to adopt and implement a comprehensive safe school plan that:

Takes proactive measures to reduce the likelihood and severity of potential emergencies, referred to as emergency mitigation. This might include actions like strengthening school buildings to withstand natural disasters or implementing security measures to prevent unauthorized access.
Prepares for a wide range of emergencies. This includes developing and maintaining a detailed plan, conducting regular safety drills, and training staff and students on established crisis responses. Schools must also collaborate with local emergency response agencies and participate in joint exercises to test and improve their preparedness strategies.
Outlines clear roles and responsibilities for staff and students, communication protocols, and procedures for coordinating with first responders. Emergency drills help to familiarize students and staff with the appropriate actions to take in different scenarios, minimizing confusion and promoting a swift, coordinated response.
Addresses the actions taken to support the school community in the aftermath of an emergency and to restore normal school activities. This may include providing counseling and support services to students and staff, assessing and repairing damage to facilities, and communicating with parents and the community about the situation and recovery efforts.

When developing their comprehensive safe school plans, school districts must consider the guidance and resources provided by the state and regional school safety centers.

The law states, “Schools shall conduct at least one safety-related drill per month, including summer months when school is in session with students” (RCW 28A.320.125(5)(b)). It further specifies that these drills must teach students three basic functional responses, including:

Shelter-in-place: Used to protect students and staff from hazardous materials, like chemicals or radiation, by keeping them inside and away from the exposed outside environment.
Lockdown: Used to protect students and staff from threats of violence, such as intruders.
Evacuation: Used to move students and staff away from dangers, like fires, oil spills, or tsunamis.

These drills must be tailored to the specific threats and hazards most likely to impact the school. For example, schools in mapped lahar or tsunami hazard zones must conduct a pedestrian evacuation drill. Additionally, all schools must conduct an earthquake drill using the state-approved “drop, cover, and hold” technique.

Starting the Conversation with IEP and 504 Plan Teams

To ensure these safety measures are effectively implemented and meet the unique needs of each student, start the conversation with the IEP or 504 plan team by:

Requesting a Meeting: You can request a meeting with the IEP or 504 team through the child’s teacher, special education director, or district staff. Be sure to submit your request via email or hard copy letter to keep for your records.
Requesting an Addendum: If the team has previously had discussions about an Emergency Action Plan or existing accommodations that could be used to support an Emergency Action Plan, you might want to ask for an addendum without a meeting to get these supports written into the IEP or 504 plan.

Developing a Tailored Emergency Action Plan

The IEP or 504 plan provides an ideal framework for incorporating the needs of students with disabilities into emergency planning. The teams can easily gather data about the student’s individual needs, consider the nature of the disabilities, and the potential implications for safety planning. Here’s a few things to consider:

Review the student’s medical files. Ensure that the child’s medical records are current and up to date. In an emergency situation, this medical history will be shared with first responders to ensure the child’s needs are met.
Review the current IEP or 504 plan. Take a look at the accommodations, modifications, and service minutes currently in place and see if they can supplement the Emergency Action Plan.
Write down effective supports. Note interventions and solution-driven supports that are most effective for the student. Share feedback from medical providers, therapists, and other caregivers about what the child will respond to best.

Emergency action plans should build upon the accommodations, modifications, and services already outlined in a student’s IEP or 504 plan. For example, if a student requires mobility support to access their seating accommodation in the classroom, this should be factored into the school’s shelter-in-place procedures. As should a student’s needs for sensory support, such as a fidget, comfort items, or sensory-suppressing device (i.e. headphones, weighted materials). Whether it’s running through drills or happening real-world, familiar and personal comfort items can aid our students in self-regulating as they navigate the established emergency procedures.

Students whose IEP or 504 plan include assistive technology may also need access to such devices during an emergency. If the student requires assistive technology to maintain their ability to communicate and receive instructions, this should be written into their Emergency Action Plan. Devices such as communication boards, speech-generating devices, or specialized software should be readily available and functional during drills and actual emergencies. During emergency planning, the team can identify language and terminology to add to devices for the student to communicate needs arising from the crisis. For example, emotions may be added to a communication board to enable a student to express themselves to the same degree as non-disabled students. Being able to communicate their feelings in that moment can boost their ability to self-regulate and adhere to established protocols.

All stakeholders—students, staff, community partners, and parents—need to be educated about the school’s emergency plan and the specific procedures for supporting students with disabilities. Regular drills and exercises involving community partners can help familiarize students with the plan and ensure a coordinated response. Recognizing that some students may become dysregulated by disruptions to their routines, communication is essential! The IEP or 504 plan may include notice of upcoming drills to allow the team to prepare the student, working within the accommodations or services written into the educational program. For example, speech therapy may include reviewing a social story about how to respond to a fire drill. Similarly, a student with complex healthcare needs may require additional support from the nurse to access medications during the drill, or a student with limited mobility may require assigned personnel to assist with getting into a shelter-in-place location.

Schools must communicate and collaborate with community partners, including first responders, to ensure the safety and well-being of students, especially those with disabilities. If the student has a new medical condition or there are changes in how to respond to a medical incident, it is crucial to inform the school team and update the school nurse’s records. This ensures that any information shared with first responders, with the parent or guardian’s signed permission, is accurate and tailored to the child’s needs during emergencies.

Final Thoughts

The safety and well-being of all students is paramount, regardless of developmental or physical challenges. By proactively addressing their unique needs and ensuring that emergency procedures are inclusive and comprehensive, schools can create a safer environment for all students. Collaboration among educators, parents, and community partners is key to developing and implementing these plans effectively. We can’t always predict life’s unpredictability, but we can certainly have plans in place for whatever presents itself. Start the process today by requesting a meeting with the IEP or 504 plan team to discuss an Emergency Action Plan.

Learn More

The Readiness and Emergency Management for Schools (REMS) Technical Assistance Center provides two related fact sheets: Integrating K-12 Students with Disabilities Into School Emergency Management Planning and Integrating Neurodivergent K-12 Students and Staff Into School Emergency Management Planning.
FEMA’s Office of Disability Integration and Coordination identified 14 Potential Points of Inequity in the Disaster Cycle that can be used to identify specific areas in which the student with disabilities may need help before, during, and after a crisis.

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

Posted on November 26, 2024May 6, 2025 by Nicol Walsh

New parents often worry about their child’s growth and development, especially when comparing with other children. Early intervention can be crucial for children with developmental delays or disabilities. In Washington, families can connect with a Family Resource Coordinator (FRC) for guidance and access free developmental screenings. The Department of Children, Youth and Families (DCYF) offers services through Early Support for Infants and Toddlers (ESIT), providing evaluations and individualized plans (IFSP) to support eligible children from birth to age three. These services, protected under the Individuals with Disabilities Education Act (IDEA), are typically free and aim to help children thrive in various settings.

A Brief Overview

PAVE provides downloadable toolkits specifically designed for parents and families of young children, including From Birth to Three Toolkit and Transition Toolkit for Ages 3-5.
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 free developmental screening online at Parent Help 123.
Washington’s Department of Children, Youth and Families (DCYF) administers family-focused services for eligible children from birth to age 3 through Early Support for Infants and Toddlers (ESIT).
The Individualized Family Service Plan (IFSP), funded by Part C of the Individuals with Disabilities Education Act, is a whole family plan developed with input from caregivers and professionals. It includes goals, services, and progress monitoring, and is reviewed regularly.
To qualify, a parent must provide written permission for ESIT to conduct an early intervention evaluation of their child. If the evaluation results indicate that the child has a developmental delay or disability, ESIT will develop an IFSP. PAVE provides a Next Steps Checklist: When Your Child is Found Eligible for Early Intervention Services (EIS).
Early intervention services (EIS) are designed to meet the child’s individual needs, including various therapies and support services. Services are typically provided in the child’s home or other natural environments.
Various dispute resolution options are available, including mediation and due process. Parents can contact their ESIT Family Resource Coordinator (FRC) if they have concerns or disagreements.
Most early intervention services are provided at no cost to families. Some services may be billed to insurance with family consent, but certain services are always free under IDEA.
Active-duty servicemembers whose dependents receive EIS must enroll in the Exceptional Family Member Program (EFMP) for their branch, or the Coast Guard’s Special Needs Program (SNP).

Introduction

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 HelpMeGrow Washington.

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. A free downloadable version is available in English, Spanish, and Somali from DCYF’s Publication Library. Search by title: Washington State Early Learning and Development Guidelines, or publication number: EL_0015.

Washington early intervention 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 (EIS) 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 0-22.

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. PAVE provides an article that describes What Happens During an Early Intervention Evaluation, and a checklist for When Your Child is Found Eligible for Early Intervention Services (EIS).

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

PAVE provides a downloadable checklist to help parents familiarize themselves with the IFSP.

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.

Early intervention services for military families

Military-connected infants and toddlers receiving early intervention services must be enrolled in the Exceptional Family Member Program (EFMP) while their servicemember is on active-duty orders. The Exceptional Family Member Program (EFMP) is a mandatory program for all branches of the U.S. Armed Forces that helps military dependents with special medical or educational needs. The Army, Navy, Air Force, Marine Corps, and Space Force each have an EFMP and the Coast Guard, which operates under the authority of the Department of Homeland Security, has a similar program called the Special Needs Program (SNP).

The Early Childhood Technical Assistance Center (ECTA), funded by the U.S. Department of Education’s Office of Special Education (OSEP), builds state and local capacity to improve outcomes for young children with disabilities and their families. Military-connected families and others relocating or living outside of Washington State can contact the early intervention services program in their new state with the help of ECTA’s Early Childhood Contacts by State directory.

Military families moving from or to installations that have Department of Defense Education Activity (DoDEA) schools will receive their early intervention services from Educational and Developmental Intervention Services (EDIS). Referrals may come to EDIS from any military medical provider or the parents. Upon receipt of a referral to EDIS, an initial service coordinator is assigned to contact and assist the Family. The initial service coordinator gathers information to understand the family’s concern, shares information about early intervention, and makes arrangements to proceed with the process. In EDIS, any member of the early intervention team can serve as an initial service coordinator. EDIS is provided in locations where DoDEA is responsible for educational services, including some installations on the eastern side of the United States.

Learn More

PAVE provides downloadable toolkits specifically designed for parents and families of young children:

From Birth to Three Toolkit: 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.

Transition Toolkit for Ages 3-5: This toolkit encompasses a collection of our informative articles, complemented by sample letters to provide you with a solid foundation as you navigate through this crucial transition period.

For additional information:

The Learn the Signs. Act Early. website provides tools for tracking milestones and materials for families to learn more and plan home-based activities that 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.”

Check the PAVE calendar for trainings and events, including the Starting Strong webinar about how IDEA supports the rights of infants and toddlers with developmental delays or disabilities and their families.

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.

Transitioning Rights and Accommodations from IDEA to ADA and 504

Posted on October 21, 2024October 21, 2024 by Nicol Walsh

The table below outlines the transition from the protections and accommodations provided under an Individualized Education Program (IEP) to the rights and accommodations under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act as students with disabilities move into higher education or the workforce.

Aspect	IDEA	ADA & Section 504
Purpose	To provide a free, appropriate public education (FAPE) in the least restrictive environment to students with disabilities.	To prevent discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.
Eligibility	Specific categories of disabilities; requires assessment and determination of need for special education and related services.	Broad definition of disability; any individual with a disability who meets general entry or eligibility criteria for education programs or jobs.
Accommodations	Tailored educational services and modifications to curriculum and environment based on individual needs.	Reasonable accommodations in educational settings and workplaces, without significant modification to essential functions or undue burden.
Protections	Ensures FAPE; includes specific procedural safeguards related to educational decisions.	Protects against discrimination; ensures equal opportunity and access but does not guarantee success or outcome.
Transition to Higher Education and/or Work	Transition planning and services must start by age 16, focusing on moving from school to post-school activities.	Individuals must self-disclose their disability and request accommodations; institutions may require documentation to support the need for accommodations.
Accommodations in Education after High School	IEP ends after high school; however, the documentation can be used as part of the evidence to establish disability and need for accommodations under ADA and Section 504.	Students should gather their IEP documents, evaluations, and any other relevant information to present to disability services in higher education or HR/employer to request reasonable accommodations.

Transitional Rights and Accommodations from IDEA to ADA and 504

Transitioning from high school to higher education or the workforce is a significant step for students with disabilities. Understanding the differences between IEP protections and the rights under ADA and Section 504 can empower individuals to advocate for the accommodations and support they need to succeed in their next phase of life. Remember, self-advocacy and knowledge of your rights are key components of this transition.

Procedural Safeguards: Student and Parent Rights in Special Education

Posted on October 16, 2024October 16, 2024 by Nicol Walsh

A Brief Overview:

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

Full Article

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

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

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

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

Prior Written Notice

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

Parental Consent

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

Independent Educational Evaluation

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

Confidentiality of Information

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

Dispute Resolution

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

Disciplinary Protections

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

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

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

Protections for Students Not Yet Eligible for Special Education

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

Requirements for Placement in Private Schools

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

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

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

Procedural Safeguards under Section 504

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

Conclusion

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

Additional Resources:

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

IDEA: The Foundation of Special Education

Posted on September 20, 2024December 19, 2024 by Nicol Walsh

Download this information as a 1 pager – What is the Big I.D.E.A?

A Brief Overview

The Individuals with Disabilities Education Act (IDEA) is a federal law that entitles children to special education services if disability significantly impacts access to education and a specially designed program is needed.
IDEA has been federal law since 1990, and key concepts are from the Education for All Handicapped Children Act, passed in 1975. PAVE provides an article and infographic about disability rights history.
A primary principle of the IDEA is the right to FAPE (Free Appropriate Public Education) for students eligible for special education services. FAPE rights are also protected by civil rights laws, including Section 504 of the Rehabilitation Act of 1973.
IDEA consists of four parts that ensure that individuals with disabilities receive support and education throughout their lives, from early childhood through adulthood.
To qualify for an IEP, a student meets criteria in one of the 14 eligibility categories (WAC 392-172A-01035), the disability must have a negative impact on their learning, and the student must require specially designed instruction (SDI) to benefit from the general education curriculum.

Full Article

The Individuals with Disabilities Education Act (IDEA) is a federal law that was passed in 1990 and has been amended. The IDEA provides children with qualifying disabilities, from birth to age 21, with the right to services designed to meet their unique, individual needs.

Eligible children ages 3-21 who receive services at school have a right to FAPE: Free Appropriate Public Education. In accordance with the IDEA, FAPE is provided when individualized services enable a student with a disability to make progress that is appropriate, in light of their circumstances.

Services are delivered through an Individualized Education Program (IEP). A non-discriminatory evaluation and family participation on an IEP team are aspects of FAPE. Families have dispute resolution options that are described in the Procedural Safeguards.

IDEA requires FAPE to be provided in the Least Restrictive Environment to the maximum extent possible, which creates a responsibility for schools to serve students in the general education environment, with appropriately inclusive access to grade-level learning, whenever possible. Access to general education might be provided through an adapted curriculum, additional adult support, assistive technology, or something else. PAVE provides more information about Washington State’s work to improve inclusive practices.

Many of these concepts were part of IDEA’s predecessor law, the Education for All Handicapped Children Act, passed in 1975. That was the first United States law that required schools to provide special education services to all children with eligible disabilities. PAVE provides an article and infographic about disability rights history. The IDEA’s primary features are further detailed later in this article.

The IDEA drives how states design their own special education policies and procedures. Title 34, Part 104 is the non-discrimination federal statute under the Office for Civil Rights Department of Education. In Washington State, rules for the provision of special education are in Chapter 392-172A of the Washington Administrative Code (WAC).

FAPE is an important acronym to learn!

Families often ask: What does the school have to provide? The answer to that question is FAPE. The school district is responsible to make sure a student with an eligible disability condition is receiving FAPE.

As part of their right to FAPE, a student eligible for an IEP has the right to an individualized services program that ensures their education is appropriate, equitable, and accessible. All of those terms are part of FAPE. Figuring out how to provide FAPE is the work of an IEP team, and part of FAPE is ensuring that family is part of the decision-making team.

FAPE must ensure that the student finds meaningful success, in light of their circumstances. Trivial progress on IEP goals or the same goals year after year does not meet the federal standard for FAPE. A lawsuit referred to as Endrew F was settled by the 2017 U.S. Supreme Court and included specific requirements for meaningful progress and parent participation.

If a neighborhood school cannot provide the services and programming to guarantee FAPE within the general education classroom, then the school district is responsible to work through the IEP process to design an individualized program and placement that does meet the student’s needs. Keep in mind that Special Education is a Service, Not a Place: see PAVE’s article with that statement as its title.

IDEA considers the whole life of a person with a disability

IDEA includes Parts A, B and C. The right of a child with disabilities to receive an education that prepares that child for adult life is stated in Part A: 

“Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society…

“Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.”

Part B of the IDEA covers children ages 3 through 21—or until graduation from high school. Students who receive services through an Individualized Education Program (IEP) are covered under Part B.

Part C protects infants and toddlers, aged 0 (birth) to 3 years old, who need family support for early learning. The disability category of developmental delay overlaps early learning and IEP and can qualify a child for free, family-focused services to age 3 and school-based services through age 9. PAVE provides downloadable toolkits specifically designed for parents and families of young children:

From Birth to Three Toolkit: 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.
Transition Toolkit for Ages 3-5: This toolkit encompasses a collection of our informative articles, complemented by sample letters to provide you with a solid foundation as you navigate through this crucial transition period.

Part D outlines grants and funding for programs that help students with disabilities get a better education, including:

Teacher training programs to train teachers and school staff in Washington State on the best ways to teach students with disabilities.
Office of the Superintendent of Public Instruction (OSPI)’s Multi-Tiered System of Supports (MTSS) – a system that helps train school staff on how to support students’ academic, social, emotional, and behavioral needs.
Parent Training and Information Centers help students with disabilities and their families understand their rights, navigate the special education process, and get involved in their children’s education. PAVE provides Parent Training and Information (PTI) to family caregivers, youth, and professionals in Washington state with questions about services for children and young people with disabilities, aged 0-26. In addition, Community Parent Resource Centers (CPRCs) serve the same function as PTIs but are typically smaller and located in underserved communities, often addressing the needs of families from culturally or linguistically diverse backgrounds. CPRC, Open Doors for Multicultural Families serves multicultural families in South King County.
Educational technology funds can be used to buy or create technology that helps children with disabilities learn, so they have the same opportunities as other students.
Transition services help students with disabilities move from high school to adult life, like getting a job, going to college, or living independently.
Washington’s Early Support for Infants and Toddlers (ESIT), can use Part D funds to help research and expand services for young children with disabilities to get them ready for school.

Click to print the explanation of IDEA

Eligibility for school-based services

To qualify for an IEP, a student meets criteria in one of the 14 eligibility categories defined in WAC 392-172A-01035. The disability must have a negative impact on learning. Not every student who has a disability and receives an evaluation will qualify for an IEP. Following procedures described by the IDEA, school districts evaluate students to consider 3 key questions:

Does the student have a disability?
Does the disability adversely impact education?
Does the student need Specially Designed Instruction (SDI)?

When each answer is yes, a student qualifies for services. In each area of identified need, Specially Designed Instruction (SDI) is recommended to help the student overcome the impact of the disability to access FAPE. Progress in that area of learning is tracked through goal-setting and progress monitoring.

Additional Information

PAVE provides training on a variety of topics, including live and on-demand, in person and online. Register for an upcoming training on the PAVE calendar.

About

Get to know us

Programs

Introduction

Required Members of the IEP Team

Who’s Who on the IEP Team

Common Reasons to Request an IEP Meeting

Sample Letter to Request an IEP Meeting

Learn More

Introduction

What Schools Must Do After a Referral

Evaluation Process and Timelines

How to Refer a Student for Evaluation for Special Education

Sample Letter to Request an Evaluation

Special Education is a Service, Not a Location

Parents Can Appeal Decisions and/or Seek a 504 Plan

Final Thoughts

Learn More

What is an Advocate?

Always Keep Your “Why” in Mind

Request an Evaluation

Request an IEP Meeting

Request a Functional Behavioral Assessment

Request an Independent Educational Evaluation (IEE)

Final Thoughts

Introduction

Who Can Make the Referral?

Removing the Barriers to Evaluation

Appropriate Evaluation

Evaluation Criteria as a 3-part Process

Family Role in Evaluation

From Evaluation Results to IEP

In What Areas Can a Student Be Evaluated?

Eligibility Categories for Special Education

Timeline of Evaluation and Development of an IEP

Sample Letter to Request an Evaluation

Options When Families and Schools Disagree

Eligibility for Section 504 Protections

Learn More

How can I find listings for childcare in WA State?

Licenses are required for:

What types of childcare don’t need a license?

Find out if a program or provider is licensed by:

Questions to ask a provider:

Are there laws that support my child with disability and protect their rights in a childcare setting?

Individuals with Disabilities Education Act (IDEA), Part C (Birth to Age 3):

Individuals with Disabilities Education Act (IDEA), Part B (Age 3 through high school graduation):

Section 504 of the Rehabilitation Act of 1973

Help paying for childcare:

Free state-licensed early learning childcare or preschool:

October 16 @ 6:00 pm – 7:00 pm PDT

Related Events

Introduction

What to do before the first day

What parents need to know about FAPE

IDEA includes six important principles

Effective communication is key to student success

Ready, set, go! 5 steps for parents to participate in the IEP process

Tips for a smooth school year

Let’s wrap things up!

Learn More

What Is the High School and Beyond Plan?

How do the HSBP and IEP work together?

What goes into your HSBP?

What should I think about for life after high school?

How can families support students in building their HSBP?

How can I speak up for myself?

Final Thoughts

Learn More

Introduction

Understanding Epilepsy

A Look Back: The History of Epilepsy Treatment in the U.S.

Advocacy in Action – From National Organizations to Parent -Led movements

Educational Advocacy for Children with Epilepsy

Modern Treatments and Family Support

Final Thoughts

Learn More

Introduction

The law says it’s all about you

Learn what your IEP can do for you