IDEA: The Foundation of Special Education

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.
Explanation of what IDEA stands for

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:

  1. Does the student have a disability?
  2. Does the disability adversely impact education?
  3. 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.

When Parents and Schools Disagree: Navigating Special Education Disputes

A Brief Overview:

  • If parents win a due process hearing or civil lawsuit, the school district might have to pay their attorneys’ fees. Conversely, if the complaint is deemed frivolous, parents might have to pay the school district’s fees.
  • Protections are in place for children not yet identified as needing special education if disciplinary actions are taken.
  • Every school district has a process for filing complaints related to harassment, intimidation, and bullying (HIB).
  • Complaints about discrimination involving students with disabilities can be filed with OSPI or the U.S. Department of Education’s Office for Civil Rights (OCR). OCR will not handle cases already being addressed by another agency or school process unless the process is completed and the complaint is filed within 60 days.

Full Article

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 Individualized Education Program (IEP). 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 Office of Superintendent of Public Instruction (OSPI) offers both informal and formal dispute resolution processes.

These dispute resolution options provide structured processes for addressing and resolving disagreements, ensuring that the rights of students with special needs are upheld and that they receive the education and services to which they are entitled.

Informal Dispute Resolution

IEP facilitation is a voluntary and informal process where parents and school districts can address their special education concerns with the assistance of a trained, neutral facilitator. This process allows both parties to resolve issues collaboratively without the formality of mediation, and it is provided at no cost. OSPI contracts with Sound Options Group to offer free facilitation services from facilitators skilled in conflict resolution to help clarify disputes, set agendas, and work towards mutually agreeable solutions. Participation in facilitation is entirely optional for both families and districts.

The IEP facilitation process starts when either a family or a school district contacts the Sound Options Group to request help. A parent can request facilitation by contacting Sound Options Group directly by phone at 800-692-2540 or 206-842-2298 (Seattle) to request a mediation session. For Washington State relay service, dial 800-833-6388 (TDD) or 800-833-6384 (voice). Sound Options Group gathers initial information about the student and the needs of both parties, confirming that both the family and district agree to proceed with a facilitated IEP meeting. Once the IEP team sets a date for the 3–4-hour meeting, the facilitator is assigned. The facilitator helps everyone prepare by sharing documents, setting a mutually agreeable agenda, confirming the meeting details, and preparing both parties for the meeting. After the facilitated IEP meeting, a case worker from Sound Options Group and the facilitator review the session and decide if another meeting is needed. A successful facilitated IEP meeting will result in the development of an IEP that is tailored to meet the unique needs of the student.

Another option for informal dispute resolution is Washington State Governor’s Office of the Education Ombuds (OEO), which helps parents and schools resolve disagreements about special education services. Acting as a neutral and independent guide, the OEO helps parents and educators understand special education regulations, facilitates problem-solving, and advises on communication strategies to support a team approach to a student’s education. The OEO does not provide legal advice, act as an attorney, conduct investigations, or advocate for any party. OEO can be contacted through their online intake form or by phone (1-866-297-2597) with language interpretation available.

Formal Dispute Resolution

When informal methods are unsuccessful, families and schools can turn to formal dispute resolution processes outlined in the procedural safeguards[DB1]  and available through the special education system. A copy of the procedural safeguards notice for Washington is downloadable in multiple languages from the Office of Superintendent of Public Instruction (OSPI).

In Washington state, the formal dispute resolution options are:

1. Mediation

Mediation is a voluntary process provided at no cost to parents and schools. It is designed to resolve disputes related to the identification, evaluation, educational placement, and provision of FAPE. Both parties must agree to participate in mediation. Mediators are trained, impartial individuals knowledgeable about special education laws. OSPI contracts with Sound Options Group to provide trained, neutral mediators to facilitate effective communication and problem-solving between parents and school districts. This brochure, Mediation in Special Education, outlines the services provided by Sound Options Group. Discussions during mediation are confidential and cannot be used in due process hearings or civil proceedings. If an agreement is reached, it must be documented in writing and is legally binding. Parents can contact Sound Options Group directly to request mediation.

2. Special Education Complaint

Any individual or organization can file a special education complaint if they believe a school district or public agency has violated Part B of the Individuals with Disabilities Education Act (IDEA). Complaints must be filed within one year of the alleged violation. OSPI investigates the complaint, gathering information from both the parent or guardian and the school district. OSPI then issues a written decision addressing the complaint and any corrective actions required within 60 days of receiving the complaint. PAVE has developed this training video, Procedural Safeguards: How to File a Special Education Complaint, that walks through OSPI’s community complaint form with a pretend scenario.

3. Due Process Hearing

A due process hearing is a formal meeting to resolve disputes about a child’s identification, evaluation, placement, or FAPE. Either parents or the school district can request this hearing, but they must do so within two years of the issue, unless there was misrepresentation or withheld information. The request for a due process hearing must be in writing, signed, and include:

  • the name, address, and contact information of the student (even if homeless)
  • the name of the student’s school
  • the school district responsible for the IEP
  • a description of the issue, the facts, and related events
  • your proposed resolution

The original request must be provided to the other party – the parent or guardian must send it to the superintendent of the student’s school district, and the school district must provide the original to the parent or the guardian of the student. In addition, a copy of the request must be sent to the Office of Administrative Hearings by mail (PO Box 42489, Olympia, WA 98504-2489), fax (206-587-5135), or email (oah.ospi@oah.wa.gov). The party asking for a due process hearing must have proof that they gave their request to the other party.

Before the hearing, the school district must meet with the parents and relevant IEP team members within 15 days to try to resolve the issue at a resolution session. OSPI provides a direct to download form, Information and Forms on Resolution Sessions. During the hearing, both sides present evidence and witnesses. Parents have the right to bring a lawyer, present evidence, and question witnesses. An administrative law judge (ALJ) makes a decision, which can be appealed in state or federal court. The decision is final unless it is appealed and the decision is overturned. If an agreement is reached before the hearing, it must be written down in a settlement agreement.

For disputes about disciplinary actions that change a student’s placement, expedited due process hearings are available. These hearings happen faster than regular ones to resolve urgent issues quickly.

Dispute Resolution Outside of Special Education

If parents disagree with the decision made in a due process hearing, they have the right to file a civil lawsuit in state or federal court. This must be done within a specific time period, often 90 days, after the due process hearing decision. The court will review the administrative record, hear additional evidence if necessary, and make a ruling (decision) in the case. The civil lawsuit is not a part of the special education dispute resolution process and there are additional costs associated. Please note that PAVE is not a legal services agency and cannot provide legal advice or representation. Washington State Office of Administrative Hearings has compiled this Legal Assistance List for Special Education Due Process Disputes.

If parents win a due process hearing or lawsuit, the school district might have to pay their attorneys’ fees. But if the court decides the complaint was frivolous or filed for the wrong reasons, parents might have to pay the school district’s attorneys’ fees.

Additional Considerations

If a child hasn’t been identified as needing special education but parents think they should be, there are protections if the child faces disciplinary actions. If the school knew the child might need special education services before the behavior happened, they must follow special education disciplinary procedures.

Every school district has a process for filing a formal complaint related to harassment, intimidation and bullying (HIB). PAVE has compiled information and resources to address bullying in this article, Bullying at School: Resources and the Rights of Students with Special Needs.

Complaint Processes Related to Discrimination

OSPI’s Complaints and Concerns About Discrimination page states, “Each student must have equal access to public education without discrimination.” This page contains Discrimination Dispute Resolution Information Sheets in that contain definitions of key terms, information about the role of district Civil Rights Compliance Coordinators, and instructions and requirements for filing different types of complaints, available for download in different languages. Anyone can file a complaint about discrimination involving students with disabilities in a Washington public school, which is prohibited by Washington law (RCW 28A.642.010). Formal discrimination complaints must be written, and the complaint must contain:

  • a description of the incident
  • why it is allegedly discriminatory
  • proposed corrective action the district or charter school can take

The formal discrimination complaint must be hand carried, mailed, faxed, or emailed to district superintendent, administrator of the charter school, or Civil Rights Coordinator. When a school district or charter school receives a complaint, it must investigate and respond within 30 days, unless an extension is agreed upon. The civil rights coordinator provides the complaint procedure and ensures a thorough investigation. If exceptional circumstances require more time, the school must notify the complainant in writing. The school can also resolve the complaint immediately if both parties agree. After the investigation, the school must respond in writing, summarizing the results, stating whether they complied with civil rights law, explaining appeal options, and detailing any corrective measures, which must be implemented within 30 days unless otherwise agreed.

Students with disabilities in public schools are also protected against discrimination by federal laws, including Section 504 of the Rehabilitation Act of 1973 and IDEA. The U.S. Department of Education’s Office for Civil Rights (OCR) accept complaints with overlapping civil rights concerns, such as racism and disability discrimination. An OCR complaint must be filed within 180 calendar days of the alleged discrimination. If the school district’s dispute resolution process is already handling the case through a means like what OCR would provide, OCR will not take on the case. Once the school district’s process is completed, individuals have 60 days to file their complaint with OCR, which will then decide whether to accept the result from the other process. OCR provides step-by-step instructions for filing a discrimination complaint.

Additional Resources:


From Birth to Three Toolkit

Diverse faces of toddlers of all abilities

From Birth to Three Toolkit

A Guide to Washington Services for Infants and Toddlers (ages 0-3 with disabilities)


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

Presenting our newest resource –From Birth to Three Toolkit. This toolkit encompasses a collection of our informative articles, and serves as a guide to services for infants and toddlers (ages 0-3) with disabilities.

A user – friendly toolkit for families, Each section is detailed below:

Early Learning Articles:


Ages 3-5 Transition Toolkit

Cute preschoolers playing game on table.ai generative

Ages 3-5 Transition Toolkit

A Guide to Washington Services for 3-5 Year Olds with Disabilities


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

Presenting our newest resource – the 3-5 Transition Toolkit – A guide to Washington services for 3-5 year olds with disabilities. 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.

Toolkit now available in Russian, Vietnamese and Spanish!

A user – friendly toolkit for families, Each section is detailed below:

Early Learning Articles:


Where to Begin When A Student Needs Help

Diverse friends taking big group selfie shot smiling at camera -Laughing young people standing outdoor and having fun - Cheerful students portrait outside school

Where to Begin When A Student Needs Help

A toolkit to guide you through the special education process in Washington State


When a student has unmet needs and may need new or different school-based services, figuring out what to do next can feel confusing or overwhelming. PAVE provides this toolkit to support families in taking initial, critical steps. These guidelines apply regardless of where school happens.

Presenting our newest resource – the Where To Begin When a Student Needs Help.  This user-friendly toolkit has been created to give you and your family the guidance you need when you are navigating the special education process in Washington State.

A user – friendly toolkit for families, Each section is detailed below:

Where to Start Articles:


Planning my Path – A User-Friendly Toolkit for Young Adults

excited high school students with arms outstretched outdoors

Planning My Path

Practical Tips and Tools for Future Planning


Presenting our newest resource – the Planning My Path Practical Tips and Tools for Future Planning. This toolkit encompasses a collection of our informative articles, complemented by easy to understand timeline charts to provide you with a solid foundation as you navigate through this crucial transition period.

A user – friendly toolkit for young adults, Each section is detailed below:

Articles to help Young Adults:


Starting School: When and How to Enroll a Student in School

A Brief Overview

  • Compulsory attendance begins at 8 years of age and continues until the age of 18 unless the student qualifies for certain exceptions.
  • Infants and toddlers receiving early intervention services may be eligible to start preschool as early as 3 years old to continue receiving specialized instruction and related services.
  • A student aged 4 years old by August 31 may be screened for Transition to Kindergarten (TK), a state program designed for students who need additional support to be successful in kindergarten the following year.
  • A child must have turned 5 years old by August 31 to enroll in kindergarten, and 6 years old to enroll in first grade.
  • When registering your student for school, contact the school to find out what documents are required in addition to those listed in this article.
  • Students with a condition that may require medication or treatment

Full Article

If your child has never enrolled in school, back to school season can be a confusing time. This article answers frequently asked questions about school entrance age, compulsory education, and the enrollment process.  Note that “enrollment” and “registration” are used interchangeably regarding the steps leading up to a student starting school and within the OSPI (Office of Superintendent of Public Instruction) website.

At what age are children required to attend school?

Federal law protects the rights of children and youth to receive a publicly funded education. This is called compulsory education, or compulsory attendance. The age at which a child must begin school varies by state. In Washington state, children must begin attending school full-time at the age of 8 and continue attending regularly until the age of 18 (RCW 28A.225.010).

There are some exceptions to compulsory attendance, including if a child is –

  • enrolled in a private school, extension program, or residential school operated by the Department of Social and Health Services (DSHS) or the Department of Children, Youth, and Families (DCYF).
  • enrolled in home-based instruction that meets State supervision requirements.
  • excused by the school district superintendent for physical or mental incapacity.
  • incarcerated in an adult correctional facility.
  • temporarily excused upon the request of the parents when the excused absences meet additional requirements under Washington state law (RCW 28A.225.010).

Compulsory attendance is required in Washington until the age of 18, unless the student is 16 years or older and meets additional criteria for emancipation, graduation, or certification (RCW 28A.225.010).

At what age can a student begin attending school?

Students with special needs or disabilities may qualify for early education programs. An infant or toddler with a disability or developmental delay receiving early intervention services may be eligible to start preschool between the ages of 3-5 to continue receiving specialized instruction and related services through the public school district until they reach the minimum enrollment age for kindergarten. Washington’s Transition to Kindergarten (TK) program screens 4-year-olds with a birthday by August 31st to identify those in need of additional preparation to be successful in kindergarten.

Parents may choose to enroll a child in kindergarten at 5 years old, if the birthday occurred before August 31st of the same year, but kindergarten is not required under compulsory education. Similarly, a child must be 6 years of age to enroll in first grade.

Families have the right to choose whether to enroll their students in school until the child turns 8 years old and compulsory attendance applies.

How do I enroll my student in school?

If this is the first time your child will attend this school, call the school and ask what you must bring with you to enroll your child and the best time to go to the school for enrollment. Consider that things will be busiest right before the school day starts, during lunch breaks, and as school is ending. Also find out if there is an on-site school nurse and the best time to reach that person.

A parent or legal guardian must go with the student to the school for registration with the required information and documents. According to the Office of Superintendent of Public Instruction (OSPI)’s Learning by Choice Guide, most schools require the following at a minimum:

  • Proof of age (e.g., birth certificate or passport).
  • Health history, including name, address, and phone number of child’s doctor and dentist.
  • Proof of residency (e.g., utility bill, tax statement).
  • Parent or guardian’s telephone numbers.
  • Child’s immunization records.

If your child has attended another school, also provide:

  • Withdrawal form or report card from the last school attended.
  • Expulsion statement.

Enrollment for Military-Connected Students

A Washington law passed in 2019 (HB 1210-S.SL, School Enrollment-Nonresident Children from Military Families) allows advance enrollment of children of active-duty service members with official military orders transferring or pending transfer into the state. This means that qualifying children must be conditionally enrolled in a specific school and program and registered for courses. The parent must provide proof of residence within fourteen days of the arrival date listed in the military orders before the school will finalize the enrollment. The address on the proof of residency may be a temporary on-base detailing facility; a purchased or leased residence, or a signed purchase and sale or lease agreement; or military housing, including privatized and off-base housing. The child will be conditionally enrolled and registered for courses.

Schools are responsible for the health and safety of students during all school-related activities. If a student has a condition that may require medication or treatment while at school, Washington state law (RCW 28A.210.320 and WAC 392-380) requires additional steps before the student may begin attending school. The parent or guardian must:

  1. Provide the school with a written prescription and/or treatment plan from a licensed health care provider,
  2. Provide the prescribed medication and/or equipment outlined in the treatment plan, and
  3. Create an Individualized Healthcare Plan with the school nurse.

Schools may develop their own forms, so contact your child’s intended school to get the correct forms and provide complete, accurate information.

Download How to Enroll a Student in School Handout

How to Enroll a Student in School Checklist To download the fillable form and get access to the clickable links, download the PDF

Additional Considerations for Military-Connected Students

Children with parents in the uniformed services may be covered by the Interstate Compact on Educational Opportunities for Military Children, also known as MIC3, was created with the hope that students will not lose academic time during military-related relocation, obtain an appropriate placement, and be able to graduate on time. MIC3 provides uniform policy guidance for how public schools address common challenges military-connected students experience when relocating, including several issues related to enrollment. Learn more about how to resolve Compact-related issues with this MIC3 Step-by-Step Checklist.

Families who are new to Washington can learn more about navigating special education and related services in this article, Help for Military Families: Tips to Navigate Special Education Process in Washington State.

Additional Information

School Services That Can Be Billed to Medicaid

Brief Overview:

  • This information is good to know for families of students with Individualized Education Programs (IEPs) and Individualized Family Service Plans (IFSP) when those students have Apple Health (Medicaid/CHIP) for their health insurance.
  • Schools can bill Medicaid for many common IEP and IFSP services. When schools do this, they don’t have to spend special education funds on these services and can use that money to pay for other special education needs.
  • Medicaid billing can be complicated and difficult, and not all schools in WA State do it.
  • Parents can advocate for their student’s school to join the WA State Health Care Authority School-Based Services Program to bill Medicaid and free up money in the special education budget. Parents and caregivers can learn to advocate and resources for that are listed in the article.

Full Article

Individualized services that children receive through their IEP or IFSP may be covered by Medicaid. Medicaid will pay for health-related services in an Individual Education Program (IEP) or Individual Family Service Plan (IFSP) if they are already Medicaid-covered services, if the student qualifies for Medicaid for health insurance.

The Individuals with Disabilities Education Act (IDEA) requires that Medicaid be the primary payer to schools and providers of services included in an IEP or IFSP. (This means that if a school doesn’t use special education funds to pay for these services, Medicaid should be billed before any other insurance or individual.)

Which individualized services will Medicaid pay for?

  • An evaluation to see if a student is eligible for special education (if the student is found eligible)
  • Re-evaluations for special education
  • Nursing/health services
  • Physical Therapy
  • Occupational Therapy
  • Speech Pathology/Audiology
  • Mental Health Care
  • Other health services that schools provide, and Medicaid covers, as long as it’s included in an IEP or IFSP

Will Medicaid pay for services in a 504 plan?

If a student with a 504 plan needs medical services as part of their plan to receive a Free Appropriate Public Education (FAPE), Medicaid will not be the primary payer—but after a school bills any other potential payers (such as private health insurance), a school can bill Medicaid for any remaining costs.

If your student has Medicaid (Apple Health) or CHIP for health insurance, school health services like mental health care, substance use disorder services and monitoring medication can be covered by Medicaid, even if they are not included in a student’s IEP, IFSP, or 504 plan.

If a Local Education Agency (LEA, or school district) runs early childhood programs like Early Head Start, Head Start, or school-based preschool, schools can bill Medicaid for Medicaid-eligible Early and Periodic Screening, Diagnostic and Treatment benefits (EPSDT), even if they are not in a child’s IFSP. This ensures that children in these programs get these essential screening and well-child services.

Why is billing Medicaid important?

When Medicaid pays for services, schools do not have to use special education dollars for those services. Instead, special education dollars can be used for expenses like hiring adequate support staff, adaptive or communication technology, durable mobility supports, and enhanced accessibility supports for inclusive student activities.

How do schools get Medicaid to pay for these services?

Washington State public school districts, educational service districts (ESDs), public charter schools, and tribal schools are all eligible to participate in the School Based Health Services program at Washington State’s Health Care Authority (HCA).

Each school district that wants to bill Medicaid signs a contract with the state Medicaid agency and the Health Care Authority. School districts submit their costs for Medicaid-covered services to the state’s Health Care Authority (HCA), which reimburses their costs while billing Medicaid for those services. School or district staff are responsible to fill out the Medicaid claim forms with the proper billing codes. Staff need to take specific training to do this.

Some schools decide not to bill Medicaid and use special education funds for these services. Why?

Unlike healthcare providers, schools are not set up to bill programs like Medicaid. The billing process can be complicated and time-consuming (for example, the billing guide that HCA provides to schools who want to bill Medicaid is 57 pages long).

In 2023, a new federal law (the Bipartisan Safer Communities Act) required Medicaidto make the billing process easier for schools; in May 2023, the Centers for Medicare and Medicaid Services (CMS) announced new guidance on this topic, which was sent to all states.

The Network for Public Health Law says the law made “important and substantial changes to reimbursement for school-based Medicaid services”. The law requires updates to outdated Medicaid billing guides and gives more help to states and local education agencies (LEAs, or school districts) who want Medicaid to reimburse them for school-based healthcare services. The law also made grants available to states to “implement, enhance or expand school-based programs” for healthcare (HHS) and for programs run by the Department of Education.

One purpose of the new law was to make billing Medicaid simpler and less expensive for schools. A second purpose was to encourage states to allow schools to use Medicaid for more types of healthcare services. The law also provides grants and other funding for mental health services for students.

As of July 2024, the Health Care Authority is still examining the new guidance to see if they want to make changes to the School-Based Health Care Services program.

Parents may think it makes sense to use Medicaid funds rather than special education funds for IEP/IFSP services. This chart from the Health Care Authority lists the schools and districts who have contracted with HCA and get Medicaid reimbursement for school-based health services. (current as of June 2024).

If a school or district is not listed, what are some ways parents can advocate for a school to start billing Medicaid?

  • Ask the school principal or superintendent about the reasons for not billing Medicaid. Ask what would need to change for the district to start Medicaid billing. This information is useful for gathering support from other parents and school personnel, and for getting policymakers to make the change.
  • There are national and statewide organizations that want to expand the use of Medicaid to pay for school-based services for all Medicaid-eligible students, not only students with IFSPs/IEPs. Parents may wish to visit their websites, learn about what they want to change, and contact these organizations for information about advocacy and organizing other parents around this topic.
  • District-wide decisions and policies are often made locally by a district’s administration team, the School Board, or both together. Contact information for district administration will be on the district’s website (and possibly on the school’s website). Contact information for school boards is usually available on a town or city government’s website, and sometimes on the district’s website.
  • Does the school or district have a Special Education PTA? If so, this group of parents and educators may be a good way to find other people interested in this topic. If not, a school’s Parent Teacher Organization (PTO) is also a useful resource. List of WA State Special Education PTAs.
  • When parent advocate groups ask for change, it can be very helpful to offer assistance to help make their request a reality. Can parent volunteers be used in any way to make the change easier? What other creative assistance might be helpful? Discussions with district administration and school boards about “why this won’t work” will let you know where and what type of help is needed.
  • Many organizations which support families, including families whose child or children have disabilities can offer advice or training for parents who want to advocate about the need for services in schools. This list is a starting point—you may find other groups or organizations which are not on the list.

Tips to Help Parents Plan for the Upcoming School Year

A Brief Overview

Full Article

Summer provides an opportunity to reset for the school year ahead. If your child has a disability, you may want to think about what went well or what could have gone better last year. By getting organized, you can plan for fall and beyond. This article includes resources and information to help you get ready for a new school year. 

The Back to School Checklist from PAVE includes a downloadable picture view (infographic) of essential tasks.

Locate and organize documents

Now is a good time to re-read important documents, such as your student’s Individualized Education Program (IEP), Section 504 Plan, or Behavior Intervention Plan (BIP). Organize a place to store the most current copies. Whether you choose an electronic file or a physical folder, label everything with the school year and renewal dates so you can easily notice when something is due for an update.

PAVE provides an article to help: Steps to Read, Understand, and Develop an Initial IEP.

Do you have concerns about anything that’s included or missing from your student’s program or plan? Write down your concerns and plan to use these notes to organize your top priorities. When you have an organized list of your top concerns, save this list to share with the school so these points will be included in your next meeting’s agenda.

Here are questions to think about as you review your child’s IEP, 504 Plan, or BIP

  1. Do the Present Levels of Performance describe your child in current and accurate ways? If not, you may want to request a new evaluation. PAVE provides a Sample Letter and information to help families seeking an evaluation.
  2. If your child has a 504 Plan but has never been formally evaluated, consider requesting a formal special education evaluation to make well-informed decisions about service needs. The state’s Office of Superintendent of Public Instruction (OSPI) offers family-friendly guidance, downloadable in multiple languages, about  Section 504 protections, plan development, and civil rights complaint options.
  3. Do IEP goals sound SMART (Specific, Measurable, Achievable, Relevant, and Time appropriate), based on the annual renewal date listed on the IEP’s cover page? PAVE has an article to help families participate in goal-setting and progress monitoring.
  4. Does the Adverse Impact Statement list all the major ways that the student’s disability affects how they do in school? If not, does that important statement need to be rewritten? Is there enough evaluation information to write an accurate statement? If not, additional evaluations may be needed.
  5. Make sure the highlighted needs and the services match! Each area of need mentioned in the Adverse Impact Statement must have a service or accommodation that applies to the area of need. Services and accommodations can apply to multiple areas of need.
  6. Is the IEP clearly written to show what skills the student is working on to support progress? For example, if a reading disability makes it hard for the student to keep up with their grade-level reading, does the IEP clearly describe the services and goal setting/progress monitoring to make sure the student is getting better at reading?  
  7. Will each accommodation or modification work in real time to make sure the student has the support they need to use the classroom and curriculum?

Keep in mind that accommodations and modifications are intended to meet the needs of each specific student in an individualized way. Cut-and-paste, generic accommodations are not best practice. The state’s Office of Superintendent of Public Instruction (OSPI) has model forms for Section 504 Plans and IEP with Secondary Transition and IEP without Secondary Transition. If the accommodations need work, make notes and plan to request a meeting.

  1. If there is a Behavior Intervention Plan (BIP), take a careful look at the target behaviors and replacement behaviors to decide whether you agree that the plan is built to support the student’s learning and skill-building. PAVE has a video to help: Behavior and School: How to Participate in the FBA/BIP Process.
  2. Think about how behavior is going this summer and any insights you may wish to share. PAVE provides an article with Tips to Help Parents Reinforce Positive Behaviors at Home.
  3. You can ask for an IEP or 504 plan meeting anytime you have concerns. During summer you may be able to meet with district staff even if school staff are unavailable. The state’s Office of Superintendent of Public Instruction (OSPI) provides a Special Education Staff directory including local, regional and state level staff.
  4. Many parents want to meet with teachers and other school staff a few weeks into a new school year to see how things are going and make sure services are on track to support good outcomes. Plan to schedule your meeting as soon as school staff are back in the building for the best chance to get a day/time that works well for you and the rest of the team.
  5. Keep in mind that the school is required to support your participation in your student’s special education services program development and implementation. PAVE provides an article about the parent participation requirements of special education process.

Mark your calendar with important dates

IEP Annual Renewal date (usually on the cover sheet of the IEP).

The IEP team, including you, needs to meet before that date to review the IEP and make any necessary changes. Mark the renewal date on your calendar and set yourself a reminder to schedule an IEP team meeting about a month before that.

If something happens and you cannot meet before the deadline, keep in mind that your participation is a higher priority than the deadline. Your student’s IEP will not “lapse” or “expire” because of a meeting delay. That deadline is there to hold the school accountable, not to punish families if they need to delay a meeting.

Keep in Mind: If you want an additional meeting, set a calendar reminder to contact the district and as soon as soon as teachers are back at work to get your meeting on everyone’s calendar.

Is a new evaluation due?

 A new evaluation is required every three years to guarantee ongoing eligibility and to make sure that services meet current needs. Note those dates on your calendar.

You can ask for a new evaluation anytime you have concerns about an unmet need that isn’t fully documented or understood. You also have the right to request an Independent Educational Evaluation (IEE) from a provider outside the school district if you don’t agree with the school’s evaluation.

PAVE has more information and a sample letter for requesting an IEE. As you review your student’s documents, think about whether asking for an evaluation is part of what you want to do. Evaluation requests must always be in writing, and schools are responsible for providing forms to support written requests.

Parent Conferences and other important school dates:

Review the school’s calendar and make notes of parent conferences and other important dates.

If your student will be a graduating senior, plan for senior year activities and make sure to allow plenty of time to request any accommodations. You may want to begin this process in early January.

More information to support families of transition-age youth is available from PAVE: School to Adulthood: Transition Planning Toolkit for High School, Life, and Work.

Behavior Intervention Plan (BIP)

A Behavior Intervention Plan (BIP) often needs to be rewritten in a new school year because of changes in staffing and environment. You may want to ask for a fresh Functional Behavioral Assessment (FBA) early in the new school year to make sure your child gets a fresh start on the year with supports designed to match current needs.

See PAVE’s training video: Behavior and School: How to Participate in the FBA/BIP Process. Mark your calendar to send a FBA request letter right away if that is something you want to happen when schools reopen in the fall. 

If your child has experienced discipline and/or isolation and restraint in previous school years, summer is a good time to review state and district policies about discipline. PAVE provides an article: What Parents Need to Know when Disability Impacts Behavior and Discipline at School.

Ask for a copy of the district’s student handbook so you clearly understand expected student behavior and what might be grounds for a suspension or expulsion. Review the rules with your child and do your best to check that they understand.

If there are rules you don’t think your child will be able to understand or follow, plan to discuss those challenges with school staff.

Keep in mind that if your student is sent home from school because of behavior, they are being suspended. The school is required to file paperwork with the state and share that paperwork with you. PAVE provides an on-demand training: Discipline and Disability Rights: What to do if Your Child is Being Sent Home.

Make notes about summer regression to talk about ESY for next year

If you notice your child’s emerging skills are lagging during summer vacation, write down what you observe. When school starts again, pay attention to how quickly or if those skills return. This information is important for a discussion with the school about Extended School Year (ESY), which is a special education service provided outside of regular school hours for eligible students. See PAVE’s article for more information: ESY Helps Students Who Struggle to Maintain Skills and Access FAPE.

Is your child with disabilities included with non-disabled peers? How they are included is important to know

Special education laws require education in the Least Restrictive Environment (LRE) to the maximum (largest) extent appropriate to meet the needs of each student. LRE requires that students with disabilities get the supplementary aids and supports they need so their inclusion is equitable.

Keep in mind: equity doesn’t mean equal. It means people get the support they need to have the same opportunities.

Parents can support their child’s inclusion by thinking about how services might be given in the general education setting. If you think your child’s inclusion can be improved, bring specific ideas into an IEP meeting. Here are some resources you can review to prepare for those discussions with the school:

Write an informal letter to your student’s teachers

Before the new school year gets going, think about what you most want your child’s teachers to understand or remember.

  • Is there something you say at home to help your child stay calm or refocus?
  • Is there a behavioral intervention that’s working well this summer?
  • Is there something unique about your child that isn’t obvious until you get to know them better?
  • What do you most want to share to help teachers understand and support your child?
  • Are there important points in the IEP, 504 Plan, or Behavior Intervention Plan that you want to call attention to?

All these points can be included in a short letter or email you share with teachers at the start of the school year. If you’re not comfortable writing, consider making a short video to share.

Keep in Mind. For a quick guide to keep your back-to-school planning on track,The Back to School Checklist from PAVE includes a downloadable picture view (infographic) of essential tasks.

Enjoy time with your children

Summer can fly by, especially in the Northwest. Getting ready for fall is important, but so is enjoying the sunshine, swimming pools, hiking trails, camping, games, or whatever makes summer special for your family. Relish time to do something that everyone enjoys and notice how you feel. If something feels challenging next year, you can tap back into the feelings you found during a special summer moment to remember what can go well. Teachers want to know those highlights too!

PAVE has an article, with links to self-care videos: Self-Care is Critical for Caregivers with Unique Challenges.

PAVE works all year and is happy to help. If you click Get Help and fill out a request for individualized assistance, we will contact you by phone and/or email and schedule time to discuss your specific questions.

Resources

Here are on demand training videos and articles from PAVE to help parents understand special education rights, the special education process, and family involvement.

Steps to Read, Understand, and Develop an Initial IEP

A Brief Overview

  • A first-time IEP document is a lot to absorb. This article provides tips to help family members read through a draft IEP and prepare to participate on the IEP team that finalizes the Individualized Education Program before services begin.
  • Remember, the school’s first version is a DRAFT, and family members of the IEP team have the right to participate in program development.
  • Under state and federal law, parents have the right to information about their child’s education—including IEPs—in a language they can understand. The Office of Superintendent of Public Instruction (OSPI) provides guidance about language-access rights in multiple languages.
  • Parents or guardians can request a specific method for regularly checking in with school staff.  A weekly or bi-weekly email is common, or parents can arrange to get something in the backpack, a phone call, a text…. Ask for what works and be sure the agreement is included in the Prior Written Notice (PWN), a formal letter sent to parents after meetings and before (prior to…) implementation of services.
  • Services are ongoing unless a parent officially signs a document to revoke services or if a new educational evaluation finds that the student is no longer eligible.

Full Article

After a student is determined eligible for an Individualized Education Program (IEP), the process of building the IEP can feel intimidating. This article provides tips to help family members read through a draft IEP and prepare to participate on the IEP team that will finalize the program before services begin. The process is the same regardless of the age of the student. IEPs can support students ages 3-21, in preschool through high school graduation or aging out at 21.

Washington State requires schools to start IEP services within 30 calendar days of the eligibility finding. That means school staff generally start drafting the IEP right after the school and family meet to talk about the evaluation and the student’s eligibility. A family member can ask to extend the 30-day deadline, but schools cannot delay the process without parental consent.

Tip: If the school wants to have a meeting to discuss eligibility and IEP development all at once, parents can request a two-meeting process instead to have time to digest the information and fully participate in decision-making.

What is the student’s eligibility category?

Take note of the eligibility category that entitles the student to an IEP. This category is decided during the evaluation review meeting. Sometimes more than one of 14 possible categories applies, and the IEP team chooses the category that seems the best fit.

Once chosen, the category is less important than the services that are needed for a student to access meaningful learning. Parents may want to be aware of implicit biases associated with certain eligibility categories and ensure that school staff are talking about the whole child and not using labels to fit children into pre-built programs. For example, there’s no such thing as a “Behavior IEP” or an “Academic IEP.” Individual children have programs built to meet their needs, based on evaluations that highlight their strengths as well as deficits. Read on for information about the rights of children with disabilities to be served as general education students first—in the Least Restrictive Environment (LRE).

The eligibility category is listed on the “Cover Page” of the IEP document, near the name, birth date, and other personal details about the student. PAVE provides an article, Evaluations Part 1, that describes the evaluation process and includes a list of 14 eligibility categories that apply in Washington State.

Know what’s in the IEP before you meet

The IEP document is a lot to absorb, and family members are more prepared to support their child when they review the IEP draft before meeting with the IEP team for the first time. The document may be 10-20 pages long (or longer), but don’t be intimidated! A child’s education is worth taking time to read for understanding.

Be sure to ask for a copy of the IEP draft with enough time to look it over before the meeting. Some IEPs have only a few services and goals while others are quite complex. The amount of time a family needs for review also might depend on whether the document is translated into a language besides English.

Under state and federal law, parents have the right to information about their child’s education in a language they can understand. The Office of Superintendent of Public Instruction (OSPI) provides guidance about language-access rights in multiple languages.

Below are suggestions for looking through the IEP to prepare for a meeting. Use this list like a map guiding you through the IEP document.

Start with the Service Matrix

The Service Matrix is about halfway through the IEP and looks like a chart/grid. These are the suggested services. Remember, the school’s first version is a DRAFT IEP, and family members of the IEP team have the right to participate in program development.

  • The services are how a student receives Specially Designed Instruction (SDI) in each area where the student has significant deficits that make them eligible for special education.
  • Notice how many minutes are being offered to support learning in each area of SDI. The SDI supports at least one goal for each subject area, so consider whether there’s enough time for the learning that will support progress (read on for more about goals).
  • The Service Matrix includes Related/Ancillary Services if the student is eligible for them. These are therapeutic services, such as occupational, physical, or speech therapy. Mental health counseling and parent training (for example, to learn behavioral strategies) may be listed as Related Services.
  • Sometimes Related Services are offered through “consultation,” meaning that a specialist will make recommendations to school staff but won’t work directly with the student. Notice how services are listed and whether you agree that they will meet the student’s needs.
  • If a child will transition to a different level of school within the year, there may be two grids. One grid is for the rest of the current year, and the other grid is for the next academic year at the new school. Service minutes are often slightly different for elementary, middle, and high school.
  • Consider whether the IEP team will schedule a “transition conference” to talk about the switch to a new level of school and how services might change.
  • The grid includes a location for each service. Notice whether the student is going to be pulled out of class to receive a service or whether the services will be “pushed in” to a general education classroom.
  • Make note of any questions or concerns about the Service Matrix that you want to include in your agenda for the IEP meeting.

Refer to the Present Levels statements

The Present Levels of Academic Achievement and Functional Performance (PLOP for short) are within the first few pages of the IEP. This is the part of the IEP with the most room for paragraphs about what’s going on. These statements come mostly from evaluation, and parents, teachers, and service providers may contribute language and information to enhance them. This section of the IEP explains why the student needs services.

  • Consider whether the Service Matrix adequately addresses the needs identified in the Present Levels.  
  • Goals are described within the Present Levels and again in another section of the IEP that is just for goal setting. Make sure nothing is left out and that language is consistent throughout the IEP.
  • Read the goals carefully. The Present Levels statements provide a “baseline,” to show where a student starts before new learning begins.
  • Are the goals SMART (Specific, Measurable, Achievable, Relevant, Time-Bound)?
  • In particular, is each goal Achievable with the instructional time offered through the Service Matrix?
  • Are any goals too easy?
  • Students with IEPs are entitled to a Free Appropriate Public Education (FAPE). FAPE includes the right to an IEP that is reasonably calculated to enable progress appropriate in light of the child’s circumstances. Are the goals set at the right level to support meaningful progress?
  • Parents can suggest changes to the goals at the IEP meeting.
  • Parents can ask what teaching strategy (SDI) will help the student reach the annual goals. Here’s a way to ask: “Can you help me understand HOW you will be teaching my child, so I can use similar words and strategies when I’m helping my child learn?”
  • A general description of the teaching strategy can be incorporated into the Present Levels statements.
  • PAVE provides an article with more tips about goal setting.
  • Write down questions and concerns about Present Levels or Goals for the team meeting.

Compare Service Matrix and LRE statement

The Present Levels, Goals, and Service Matrix are the heart of a student’s Individualized Education Program (IEP). After reading through these sections,notice if any of the student’s services are listed as “concurrent,” which means they are provided within general education (push in). Notice also which services are being offered in a separate (pull out) classroom. Then keep going in the IEP document to find a statement about the student’s Least Restrictive Environment (LRE).

  • A student is entitled to FAPE in the Least Restrictive Environment to the maximum extent appropriate.
  • Consider whether the IEP team has adequately considered that special education is a service, not a place.
  • Are there additional creative ways to consider how services might be “push in” instead of “pull out” to support more inclusion, if appropriate, to meet the student’s needs?
  • The LRE page includes a grid to mark what was considered and chosen as a range/percentage of time that a student will spend in special education versus general education.
  • Consider whether you agree with the LRE determination and note any concerns for the IEP team to discuss.

Read the list of accommodations.

Accommodations are designed to enable a student with a disability to access learning in ways that are equitable. Equity doesn’t mean equal. Equity exists when a student gets support (like a wheelchair ramp, toileting plan, earphones, or a break-space option) to access what typically developing classmates can access without support.

  • Consider how the accommodations will look and feel to the student. Will the student be able to understand and self-advocate for them, or will the student need more coaching from teachers for the supports to be meaningful?
  • If possible, collect student input or ensure the student can attend the IEP meeting to participate in discussion about their supports and services.
  • Are the supports individualized and thoughtful or pulled from a pre-built list? Be sure they address needs identified through evaluation and by the student, family, and other people who truly know this student.
  • A student does not need to be “eligible” for an accommodation. There simply needs to be demonstrated impact on a “major life activity.” See PAVE’s article about Section 504.
  • The accommodations section of an IEP or a Section 504 Plan can travel with a student into higher education, vocational education, or work.
  • Is there anything the student needs that is missing? The Present Levels section at the front of the IEP might provide insight.
  • “Teacher check for understanding” is a common school accommodation. Parents may want to ask how the teacher will develop a system for doing that.
  • Parents can ask how the school will share the list of accommodations with all relevant staff. For example, does a bus driver, school nurse, or lunch server need to read this list? Would it be reasonable for the student to hand-carry a handout version?
  • If the student will transition into a new level of school within the year, consider how to discuss the accommodations with the new teaching team next term.
  • Notice if there are any “modifications,” which would include changes to the expectations—such as doing a shorter assignment or showing work in an alternative format. Does anything need to be added?
  • Make note of any concerns related to accommodations or modifications and plan to share those with the IEP team.

Accommodations for state testing

Note any concerns about how a child will be accommodated on standardized tests. Students with IEPs may be allowed extra time, an alternative place or time to take the tests, or something else. Try to imagine the experience of testing from the student’s perspective and consider how accommodations will enable the student to demonstrate knowledge.

Communication and Prior Written Notice (PWN)

Parents can request a specific method for regularly checking in with school staff.  A weekly or bi-weekly email is common, or parents can arrange to get something in the backpack, a phone call, a text…. Ask for what works. At the IEP team meeting, the group can agree on a communication strategy.

A communication agreement is formally written into the Prior Written Notice (PWN), which the school sends to parents after the IEP meeting.

A parent can request further changes to the IEP and note any disagreements by submitting a note to attach to the PWN, which becomes part of the formal IEP document. The PWN includes detail about what the IEP team has agreed to implement and when services are scheduled to begin.

Sign Consent for services to begin

Once the team agrees on a final version of the IEP, a parent must sign consent for services to begin. From that point on, families have the right to request an IEP team meeting any time there are concerns about progress or services. The IEP team is required to meet at least once a year. At meetings, family participants sign to show their participation and attendance.

Services are ongoing unless a parent officially signs a document to revoke services or if a new evaluation finds that the student is no longer eligible. A new evaluation is required at least every three years to determine ongoing eligibility and any necessary changes to the student’s program. A parent who disagrees with a school district evaluation can request an Independent Educational Evaluation (IEE) at district expense. See PAVE’s article: Evaluations Part 2.

Steps to Read, Develop, and Understand an IEP Worksheet

The IEP document is a lot to absorb. You will be better prepared to support your child when you review the IEP draft before meeting with the IEP team for the first time. A child’s education is worth taking time to read for understanding.

  1. Identify Your Child’s Eligibility Category
    • Take note of the eligibility category that entitles the student to an IEP. The eligibility category is listed on the “Cover Page” of the IEP document, near the name, birth date, and other personal details about the student. This category is decided during the evaluation review meeting.
      • My child’s eligibility category is:
  2. Read the IEP Draft Before the IEP Meeting
    • Be sure to ask for a copy of the IEP draft with enough time to look it over before the meeting.
      • I requested the copy of the IEP draft on:
    • Remember, the school’s first version is a DRAFT IEP, and family members of the IEP team have the right to participate in program development.
    • The amount of time a family needs for review also might depend on whether the document is translated into a a language besides English. Under state and federal law, parents have the right to information about their child’s education in a language they can understand.
      • Yes, I require that the IEP be translated to: (insert language)
        • I requested the translation of the IEP on (insert date)
      • No, I do not require that the IEP be translated to another language
  3. Review the Service Matrix
    • Located halfway through the IEP, the Service Matrix looks like a chart or grid. These are the suggested services and they are how a student receives Specially Designed Instruction (SDI) in each area where the student has significant deficits that make them eligible for special education.
    • How many minutes are being offered to support the student in each area of specially designed instruction? (The SDI supports at least one goal for each subject area.)
      • For example: you will see three columns with the following
SubjectService Minutes

What Related/Ancillary Services is your child eligible to receive? These are therapeutic services, such as occupational, physical, or speech therapy. Mental health counseling and parent training may be listed as Related Services.

ServiceFrequency Minutes

Sometimes Related Services are offered through “consultation,” meaning that a specialist will make recommendations to school staff but won’t work directly with the student. Are any of your child’s services being provided through consultation?

ServiceFrequency Minutes

4. Review the Present Level Statement

The Present Levels of Academic Achievement and Functional Performance (PLOP for short) are with in the first few pages of the IEP. This Section of the IEP explains why the student needs services.

Does the information in the present level statement reflect your student’s current abilities and needs?

  • Yes
  • No
  • What, if anything should be added?

5. Review the proposed goals:

Are the goals Specific, Measurable, Achievable, Relevant, and Time-Bound (SMART)?

  • Yes
  • No
  • *Highlight goals that are not written as SMART goals to discuss during the IEP meeting.

Are any of the goals too easy for your child?

  • Yes
  • No
  • *Highlight goals that are too easy to discuss with
    the IEP team.

6. Review the Least Restrictive Environment (LRE) Statement: Read and review information about where your child will spend their day. *Note any concerns or feedback to discuss with the team.

7. Review the Accommodations and Modifications: Read and review information about accommodations and modifications. *Note anything that may need to be added and any questions you have about how they will be provided in the educational setting.

Learn more about Steps to Read, Develop, and Understand an Initial IEP

This article also forms part of the 3-5 Transition Toolkit

Student Rights, IEP, Section 504 and More

Getting the right help for students with disabilities is made easier when families learn key vocabulary and understand how to use it. PAVE provides videos to support learning about student rights and how to work with the school to get individualized support.

Video number 1: Pyramid of Rights Protections for Students With Disabilities

The first video provides a visual to help—a pyramid of student rights. Learn about special education rights, civil rights, and general education rights. Students with Individualized Education Programs (IEPs) are protected by the full pyramid of rights. Students with IEPs and Section 504 Plans have civil rights that protect their right to be accommodated and supported at school. All children in the United States have the right to access a free public education. Learn key terms from these rights: Free Appropriate Public Education (FAPE), equity, and access, and how to use those words to help a student get their needs met.

Here are resource links referenced in the video:

The video mentions that a civil rights complaint can be filed at the local, state, or federal level and may include elements of more than one civil rights protected area, such as disability discrimination, racism, and/or sexual discrimination. Here are resources with more information about civil rights complaint options and how to access forms:

  • Local: OSPI maintains a list of school officials responsible for upholding student civil rights. Families can reach out to those personnel to request a complaint form for filing a civil rights complaint within their district.
  • State: OSPI provides a website page with direct links to step-by-step instructions for filing a civil rights complaint with the state Equity and Civil Rights Office, or the Human Rights Commission.
  • Federal: The U.S. Department of Education provides guidance about filing a federal complaint. The U.S. Department of Agriculture is another option for dispute resolution related to civil rights.

The video provides information about some special education dispute resolution options. Here are related resources:

The Youth Education Law Collaborative offers some free legal assistance on topics related to educational equity, with a priority for students and their families who demonstrate financial need. They can be reached by telephone at 1-206-707-0877 or 1-844-435-7676.

Video number 2: Accommodations and Modifications

Our second video shares more detail about the rights of students under Section 504 of the Rehabilitation Act. Key to protecting those rights is the accommodations, modifications, and supports that enable a student with a disability to access what typically developing students can access without support. Non-discriminatory practices related to bullying, student discipline, and attendance are protected rights. Click on the video to learn more about what the right to equity means.

Here are resource links related to this video:

PAVE article: Section 504: A Plan for Equity, Access and Accommodations

Video number 3: IEP Goal Setting

Our third video provides more detail about the rights of a student with an IEP. A three-step process is provided to help family caregivers make sure a student’s IEP goals are supporting the right help in the right way. Learn about Present Levels of Performance (PLOP), Specially Designed Instruction (SDI), and SMART goals to become a well-trained partner in the IEP team process. PAVE provides a fillable worksheet to assist parents in developing suggestions to share with the IEP team.

To get help from PAVE’s Parent Training and Information staff, click Get Help to complete an online Help Request Form.

We’d love to know whether these trainings are helpful. Please share your feedback by completing a short survey.

For more trainings and events, check out your options on the PAVE Calendar.

Parents, Navigate Adapted Physical Education, IEPs, and 504 Plans

Overview

  • Physical Education (PE) can be adapted in four main ways to support students with disabilities.
  • Federal and state law protects a student with disability’s rights to access (be taught) PE. Adapted PE can be provided as a special education service in a student’s Individualized Education Program (IEP). It can also be included in a Section 504 plan.
  • Changes in WA State regulations mean that more teachers will qualify to design and teach Adapted Physical Education. These regulations are in effect as of May 1, 2024.
  • The Updated Guidance on Adapted Physical Education from the Washington Office of Superintendent of Public Instruction (OSPI) quoted in this article gives more information about Adaptive PE and how it fits into special education in WA State. Download or read Updated Guidance on Adapted Physical Education.

Full article

Physical Education (PE) is part of school for all students and may be particularly important for your student with a disability. What are the ways in which PE (general curriculum or Adapted PE) can improve their quality of life, now and into their adult years? This short list may give you ideas for your student’s IEP or 504 plan, and to discuss with your student for them to bring to a meeting with the IEP/504 team.

Classes teach students to care for their body and develop physical, mental, and emotional skills that include:

  • Motor skills (training to use muscles for a specific task, such as swinging a baseball bat to hit a ball, or running very hard in a race)
  • Physical fitness (keeping healthy and strong by exercising the body)
  • Social-emotional skills, teamwork, social play skills
  • Skills for athletics like team sports like soccer or basketball or individual athletics like gymnastics or dance
  • Skills for recreation like biking, swimming, hiking, throwing frisbees,

How Adapted PE works:

Access or accessible means how easy it is to do, to get, or understand something.

There are four main areas where adjusting or changing the general PE curriculum (school courses) may help students with disabilities access PE. Some of these changes will benefit ALL students using the general PE curriculum.

  • The physical space can be adjusted to work well for all students:
  • The size of the space and the number of other students can affect how accessible the PE class is for some students
  • Lighting, sound, and what someone can see may all affect comfort in a class.. Making thoughtful changes to these things can make a PE class more accessible.
  • Teaching: the teacher gathers information about individual students to ensure they use teaching methods accessible to everyone. This might mean spoken instructions, movements, pictures, written words, showing how to do something, or videos.
  • Equipment: depending on a student’s disability, some students might need PE equipment to move more slowly, be bigger or smaller, more tactile (easier to feel), be easier to see, and similar changes.
  • Rules: to make sure PE is inclusive, rules of the game may need to be added or taken away.

The information-gathering process above is a good place for you and your student to provide information about your student’s supports such as doctors, therapists, and interests outside of school that might be supported by Adapted PE. This information can be offered to the entire IEP/504 team, to give a well-rounded view of your student. You might want to review PAVE’s articles for students in the References section, below. It’s a good start for your student to self-advocate and practice self-direction.

Examples of Adapted PE

The point of Adapted PE is to change the general PE curriculum so that it is accessible for all students based on their individual strengths and needs. How it looks varies a lot depending on the student, but here are a few examples of Adapted PE in action:

  • A third grader with autism spectrum disorder uses a play script on her communication device to invite other students to play tag with her.
  • A high-school senior with Down syndrome is introduced to adult recreation opportunities in his community so he can continue building healthy habits beyond graduation.
  • A seventh grader with Cerebral Palsy attends general PE class. The Adapted PE teacher, general PE teacher, and the physical therapist collaborate to create an exercise plan to strengthen the student’s legs while using their gait trainer (walker).

Adapted Physical Education teachers are trained to make changes to the general education PE curriculum to make it accessible to students with disabilities.

IEPs can include Adapted PE as a service

Eligibility for an Individualized Education Program (IEP) uses an evaluation. The process helps to decide whether a student has a disability, whether the disability has a significant impact on (really affects) learning, and whether the student needs Specially Designed Instruction (SDI) and/or related services to access a Free Appropriate Public Education (FAPE). FAPE is the right of any student, ages 3-21, who is eligible for school-based services delivered through an IEP.

If a student’s access to PE really affects learning and the student needs the school’s PE course to be individualized, then Adapted PE can be given as an IEP service. IEP teams discuss how Specially Designed Instruction (SDI) is delivered for each individual student.

When Adapted PE is part of the IEP, there is a range of options for placement. A student might be in a general PE class, with or without accommodations. Additional aids, services, and modifications may be added depending on what the student needs. Get more details in the Updated Guidance on Adapted Physical Education.

This is a great opportunity for a student to share their goals and needs about physical activities with their IEP team. The topic might be a way to interest your student in IEP meetings even before the required age for planning their life after high school. See the Resources section below for information about students attending or leading their IEP team.

Rules changed and removed some difficulties with getting Adapted PE

Until spring of 2024, Adapted PE was not recognized as a separate subject matter area or specialty that the state would endorse (add to the training listed on a teacher’s professional certificate). This meant a shortage of teachers who could design Adapted PE for students. It made it difficult for some students with disability in Washington State to get SDI in physical education.

As of May 1, 2024, qualifying[1] teachers in Washington State can be trained for and receive a specialty endorsement in Adapted Physical Education. The endorsement shows the teacher has specific skills and knowledge in both PE Learning Standards and special education competencies. As more teachers are taught this specialty, it will be easier to find teachers with Adapted PE training in Washington State.

The OSPI Updated Guidance says that in addition to teachers with an Adapted PE endorsement, SDI for physical education can be provided by “any other appropriately qualified special education endorsed teacher, or an “appropriately qualified Educational Staff Associate (ESA) such as an Occupational Therapist (OT) or a Physical Therapist (PT).”

Summary:

  • Physical Education (PE) is an important part of school. Students with disabilities have the right to be taught physical education.
  • Adapted Physical Education (APE) is when the general PE curriculum is changed or adjusted to accommodate the individualized needs of a student with disability.
  • Adapted PE can be included in an Individualized Education Plan or a Section 504 plan.
  • If a student needs Adapted PE, it’s important to include someone on the IEP team who is qualified to design individualized adapted PE, as well as the teacher or other school personnel who will be teaching the student.
  • Only certain qualified education professionals can design and supervise other educators and school staff teaching Adapted PE. Changes in WA State rules in 2024 allow more education professionals to qualify in Adapted PE.

Resources:

Updated Guidance on Adapted Physical Education  (WA State Office of Superintendent of Public Instruction (OSPI))

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

Students: Get Ready to Participate in Your IEP Meeting with a Handout for the Team (PAVE)

Who’s Who on the IEP Team (PAVE)

Student Rights, IEP, Section 504 and More (PAVE)

A previous version of this article was based on information provided by two experts in the field of Adapted Physical Education, Toni Bader, and Lauren Wood, who are Adapted Physical Education teachers in the Seattle area:

  • Toni Bader, M.Ed., CAPE – SHAPE Washington, Adapted Physical Education, Seattle Public Schools (tonibader24@hotmail.com)
  • Lauren Wood, NBCT, Adapted Physical Education Teacher, Highline Public Schools, and SHAPE Washington Board Member (lauren.wood@highlineschools.org)

[1] “Certificated teachers who hold any special education endorsement or a Health/Fitness endorsement are eligible to add the APE specialty endorsement to their certificate”  –OSPI Updated Guidance

Youth, Explore Adapted Physical Education in Your IEP or 504 Plan

Overview

  • Physical Education (PE) can be adapted (changed) in four main ways to support students with disabilities.
  • Federal and state law protects your rights to be taught PE. Adapted PE can be included in your Individualized Education Program (IEP). It can also be included in a Section 504 plan.
  • Taking part in IEP and 504 meetings is important when looking at adapted physical education. It lets you share your needs, preferences, and goals. This helps create a physical education program that fits your abilities, supports your well-being, and creates a positive and inclusive environment. (Click on the links in the reference section to learn more about going to IEP and 504 meetings.)
  • Changes in WA State rules mean that more teachers will qualify to design and teach Adapted Physical Education. These rules are in effect as of May 1, 2024.
  • The Updated Guidance on Adapted Physical Education, from the Washington Office of Superintendent of Public Instruction (OSPI) quoted in this article gives more information about Adaptive PE and how it fits into special education in WA State. Download or read Updated Guidance on Adapted Physical Education.

Full article

Why is physical education important? How is it helpful to me, as an individual with a disability?

Classes can teach you to care for your body and learn physical, mental, and emotional skills that include:

  • Motor skills (training to use your muscles for certain things, such as swinging a baseball bat to hit a ball, or running very hard in a race)
  • Physical fitness (keeping healthy and strong by exercising your body)
  • Social-emotional skills, teamwork, social play skills
  • Skills for athletics like team sports like soccer or basketball or individual athletics like gymnastics or dance
  • Skills for recreation like biking, swimming, hiking, throwing frisbees, playing games with friends

How Adapted PE works:

Access or accessible means how easy it is to do, to get, or understand something.

There are four main areas where changing general PE curriculum (school courses) may help you access PE. Some of these changes will benefit ALL students using the general PE curriculum.

  • The physical space can be changed to work well for all students:
  • The size of the space and the number of other students can affect how accessible the PE class is for you.
  • Lighting, sound, and what you see can all affect your comfort in a class. Making thoughtful changes to these things can make a PE class more accessible.
  • Teaching: the teacher gathers information about individual students to make sure that they use teaching methods that are accessible to everyone. This might mean spoken instructions, movements, pictures, written words, showing how to do something, or videos.
  • Equipment: depending on your disability, you might need PE equipment to move more slowly, be bigger or smaller, easier to feel, be easier to see and other changes like those.
  • Rules: to make sure PE includes everyone, rules of the game may need to be added or taken away.

Examples of Adapted PE

The point of Adapted PE is to change the general PE curriculum so that it is accessible for you or any other student with a disability. The changes can be individualized, which means it is designed for one individual student with disability. Changes will depend on what your needs are and will be different from student to student. Here are some examples:

  • A third grader with autism spectrum disorder uses a play script on her communication device to invite other students to play tag with her.
  • A high-school senior with Down Syndrome is introduced to adult recreation choices in his community so he can continue building healthy habits after graduation.
  • A seventh grader with Cerebral Palsy attends general PE class. The Adapted PE teacher, general PE teacher, and the physical therapist work together to create an exercise plan to strengthen the student’s legs while using their walker.
  • Design a unified team for sport activities and competitions, so a high school student with disabilities can play in the same team with students without disabilities
  • Adapted Physical Education teachers are trained to make changes to the general education PE curriculum to make it accessible to students with disabilities.

IEPs can include Adapted PE as a service

To get an Individualized Education Program (IEP) you need an evaluation. This process helps to decide if a student has a disability, if the disability has a significant impact on (really affects) learning, and if you need Specially Designed Instruction (SDI) and/or related services to access a Free Appropriate Public Education (FAPE). FAPE is the right of any student, ages 3-21, who is eligible for school-based services delivered through an IEP.

If a student’s access to PE affects learning and needs the school’s PE course to be individualized, Adapted PE can be given as an IEP service. IEP teams discuss how Specially Designed Instruction (SDI) is delivered for each individual student.

If you have Adapted PE in your IEP, there is a range of options for placement. You might be in a general PE class, with or without accommodations. Additional aids, services, and modifications may be added depending on what you need. Get more details in the Updated Guidance on Adapted Physical Education.

You can go to IEP and 504 meetings to let the team know what you want and need.  Beginning at age 14, you can participate in IEP and 504 meetings. You do not have to be invited by the school or your parents, but it’s a good idea to let your parents know you want to go, and to get ready before the meeting. When you are at these meetings, you can show other team members what is important to you about your learning, including Physical education. (Click on the links in the reference section to learn more about going to IEP and 504 meetings.)

All of you on the team can work out a PE plan, which may include Adapted PE, and put it in your IEP. There are two articles in the References section at the end about going to your IEP meeting.

Rules changed and removed some difficulties with getting Adapted PE

Until spring of 2024, Adapted PE was not accepted as a specialty that the state would endorse (add to the training listed on a teacher’s professional certificate). This caused a shortage of teachers who could design Adapted PE for students. It made it difficult for some students with disability in Washington State to get SDI in physical education.

As of May 1, 2024, qualifying[1] teachers in Washington State can be trained for and receive a specialty endorsement in Adapted Physical Education. The endorsement shows the teacher has specific skills and knowledge in both PE Learning Standards and special education competencies. As more teachers are taught this specialty, it will be easier to find teachers with Adapted PE training in Washington State.

The OSPI Updated Guidance says that in addition to teachers with an Adapted PE endorsement, SDI for physical education can be provided by “any other appropriately qualified special education endorsed teacher, or an “appropriately qualified Educational Staff Associate (ESA) such as an Occupational Therapist (OT) or a Physical Therapist (PT).”

Summary:

  • Physical Education (PE) is an important part of school. Students with disabilities have the right to be taught physical education.
  • Adapted PE is when the general PE school course (curriculum) is changed to accommodate (meet the needs) of an individual student with disability.
  • Adapted PE can be included in an Individualized Education Plan or a Section 504 plan.
  • If a student needs Adapted PE, it’s important to include someone on the IEP team who is qualified to design adapted PE, as well as the teacher or other school staff who will be teaching the student.
  • Only certain qualified education professionals can design and supervise other educators and school staff teaching Adapted PE. Changes in WA State rules in 2024 allow more education professionals to qualify in Adapted PE.

Resources:

Updated Guidance on Adapted Physical Education  (WA State Office of Superintendent of Public Instruction (OSPI))

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

Students: Get Ready to Participate in Your IEP Meeting with a Handout for the Team (PAVE)

Who’s Who on the IEP Team (PAVE)

Student Rights, IEP, Section 504 and More (PAVE)

A previous version of this article was based on information provided by two experts in the field of Adapted Physical Education, Toni Bader, and Lauren Wood, who are Adapted Physical Education teachers in the Seattle area:

Toni Bader, M.Ed., CAPE – SHAPE Washington, Adapted Physical Education, Seattle Public Schools (tonibader24@hotmail.com)

Lauren Wood, NBCT, Adapted Physical Education Teacher, Highline Public Schools, and SHAPE Washington Board Member (lauren.wood@highlineschools.org)


[1] “Certificated teachers who hold any special education endorsement or a Health/Fitness endorsement are eligible to add the APE specialty endorsement to their certificate”  –OSPI Updated Guidance

Transition Triangle

The transition triangle talks about the relationship between the High School and Beyond Plan , the IEP transition plan and Agency supports from DDA, DVR and DSB. within that triangle of support is the student asking themselves: Who they are, what is their future and their goals.

The planning process to support a student with disabilities toward their adult life plans requires coordination and organization. This graphic provides a visual overview of the work and who is responsible to help.

The center upside down triangle describes key questions for a student as they move through school and toward adulthood:

  1. Who am I? Answers include what the student is interested in, what they are good at, what they struggle with, and how they see themselves.
  2. What’s my future? Students can begin to imagine where they might work, whether higher education will be part of their future, and how they might live.
  3. How do I reach my goals? The answers are a long-term project. A good planning process ensures that work done today is moving the student toward their vision for adult life.

The three colored triangles on the corners of the graphic represent three tools that help students ask and answer these questions.

The purple triangle on the bottom left represents the High School and Beyond Plan. Washington State requires schools to begin supporting all students with a High School and Beyond Plan before they leave middle school. The plan includes questions to help the student think about where they might work someday and how much education they will need to get that job. The plan is designed to make sure time spent in school is moving the student toward adult goals. The High School and Beyond Plan addresses the same questions that are listed in the center of our triangle and is often managed by staff in a school’s counseling center.

The blue triangle on the bottom right represents the transition plan, which is required in a student’s Individualized Education Program (IEP) by the school year when they turn 16. Goals in the IEP Transition Plan include further education/training, employment, and independent living as parts of a student’s program. A student with disabilities has the right to a Free Appropriate Public Education (FAPE) until they earn a diploma or turn 21. The IEP includes a target graduation date, determined by the IEP team. The state requires the IEP Transition Plan to align with the High School and Beyond Plan. School staff and the family collaborate to make sure these two tools match up to best support a student’s progress.

The teal triangle on top of the pyramid represents agencies that might provide Vocational Rehabilitation (VR) services. The Developmental Disabilities Administration (DDA) has a variety of school-to-work programs for eligible students: A DDA case manager can provide information about options. The Division of Vocational Rehabilitation (DVR) provides Pre-Employment Transition Services (Pre-ETS) for students still in school as well as vocational rehabilitation services for adults with disabilities. As they transition out of school, members of some Native American tribes may access Tribal Vocational Rehabilitation (TVR) services. The Department of Services for the Blind (DSB) is a separate agency providing Pre-ETS for youth and vocational rehabilitation services for individuals who are blind or low vision. Staff from these agencies may work with an IEP team and counselors at school to make sure everyone is working together to support the student in the center.

Ideally a student with disabilities has people supporting all of the features on this transition triangle. Best practice is for all agencies and supporters to collaborate as they help a student move toward a successful adult life.

PAVE has made a fillable worksheet to help you answer these questions.

Key Questions for Self-Determination and Future Planning Fillable worksheet.

In addition, PAVE has a college readiness workbook ready for you to use. For direct assistance from PAVE, click Get Help. The Office of Superintendent of Public Instruction (OSPI) provides information about graduation requirements for a student in Washington State