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

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Behavior is a form of communication. When a student struggles with behavior at school, it may be a sign that they need additional support, services, accommodations, or instruction. For students with disabilities, schools must look beyond discipline and consider what will help the student participate meaningfully in school. Repeated requests for early pickup, shortened school days, suspensions, or other lost instructional time can be signs that a different approach is needed to keep the student engaged in learning and making progress at school.

A Brief Overview

  • Behavior support can be part of a student’s right to Free Appropriate Public Education (FAPE).
  • Schools must consider a student’s disability-related needs when behavior affects learning.
  • Repeated requests for early pickup, shortened school days, suspensions, or other lost instructional time can be signs that a different approach is needed to keep a student engaged in learning and making progress at school.
  • Families can request evaluations, school meetings, and the development or revision of behavioral supports.
  • Students continue to have educational rights during disciplinary removals.
  • Families have the right to ask questions, request records, and seek review or appeal when they disagree with discipline decisions.

Introduction

This article explains how school discipline can overlap with disability rights when behavior is connected to a student’s disability, trauma, or unmet support needs. It focuses on these practical questions:

  • When should families ask for evaluation or behavior support?
  • What counts as a removal from school?
  • What must schools consider before relying on suspension, expulsion, shortened school days, or other removals?
  • What rights do students and families have when they disagree with discipline decisions?

When Is Behavior a Sign That More Support Is Needed?

Students with disabilities have the right to the supports and services they need to learn and participate in school, a protection known as Free Appropriate Public Education (FAPE). Guidance from the Office for Civil Rights (OCR) explains that FAPE includes services, supports, and accommodations designed to meet a student’s individual needs, as well as training for school staff so they understand those needs and can effectively implement the student’s supports.

When behavior affects learning, participation, or access to instruction, schools should consider what additional supports, accommodations, services, instruction, or interventions may be needed. The goal is not simply to stop a behavior, but to understand what the behavior may be communicating and identify strategies that help the student succeed.

Behavior supports can take many forms, including:

  • Accommodations
  • Counseling or behavioral health services
  • Social-emotional instruction
  • Positive behavioral supports
  • Changes to an Individualized Education Program (IEP) or Section 504 Plan
  • Behavioral assessment and planning

Schools are required to provide education and support before resorting to discipline for children who struggle with behavior because of their impairments. According to OCR, individualized behavioral supports may include counseling, school social worker services, school-based mental health services, physical activity, and opportunities for a student to visit a counselor or behavioral coach when they need time and space to self-regulate. Counseling and other behavioral health supports can also be written into an IEP as related services when educationally necessary for FAPE.

When Should Families Ask for an Evaluation, Functional Behavior Assessment (FBA), or Behavioral Intervention Plan (BIP)?

An evaluation can be requested at any time if a disability may be affecting a child’s education. Schools also have a responsibility to evaluate when there is reason to suspect a disability is affecting learning, behavior, attendance, or participation in school.

An evaluation or school meeting may be helpful if:

  • A student is frequently suspended.
  • A student is often sent home because of behavior.
  • Behavior is interfering with learning.
  • Existing supports are not working.
  • School staff report ongoing concerns.
  • Instructional time is being lost because of behavior-related issues.

Section 504 does not limit the number of evaluations a student may reasonably request or receive. OCR guidance states that families may request an evaluation at any time and at public expense. Schools also have a responsibility to evaluate when there is reason to believe a disability is affecting a student’s education, known as Child Find.

A Functional Behavioral Assessment (FBA) is a type of evaluation used to better understand the reasons behind challenging behaviors and identify strategies that may help. An FBA is not required before asking for behavior supports. The IEP or 504 team can discuss behavior concerns, review existing supports, and consider changes to a student’s IEP, 504 Plan, or behavior supports at any time. PAVE offers a Sample Letter to Request a Functional Behavioral Assessment, available for download in multiple languages.

One type of behavior support is a Behavior Intervention Plan (BIP). A BIP is a working document that the school and family develop together and review regularly to help a student succeed at school. It focuses on positive supports, skill building, and encouragement rather than punishment.

A BIP may include strategies to:

  • Teach new skills and replacement behaviors
  • Increase positive supports and reinforcement
  • Reduce barriers to learning and participation
  • Prevent future challenges and escalation.

The information gathered through an FBA can be used to develop, review, or revise a BIP when current strategies are not meeting a student’s needs.

More information about participating in the FBA/BIP process is available in PAVE’s video training, Behavior and School: How to Participate in the FBA/BIP Process.

What Happens When Behavior Leads to Discipline?

Washington’s student-discipline rules encourage schools to keep students connected to learning whenever possible and to use responses that are fair and consistent. In 2025, the Office of Superintendent of Public Instruction (OSPI) updated the student-discipline rules and added a definition for discretionary discipline, which refers to situations where school staff have flexibility in choosing how to respond to behavior. Rather than using the same consequence every time, staff may consider the circumstances before deciding on a response.

A student may be removed from a classroom, instructional area, or activity when behavior substantially disrupts learning or creates safety concerns. This type of action is often called a classroom exclusion (WAC 392-400) Time away from the classroom may last for the remainder of the school day, up to the following two school days, or until the teacher and principal (or designee) have met, whichever occurs first. If the exclusion extends beyond those limits, it may be considered a suspension and additional requirements may apply.

District policies must include procedures for informing parents when classroom exclusions occur. Notification must be provided in a language families can understand.

Questions to consider include:

  • Why was the student removed?
  • How long will the exclusion last?
  • What support will help the student return successfully?
  • How is the removal being documented?

Washington’s discipline rules also:

  • Encourage schools to minimize suspensions and expulsions and focus on evidence-based approaches that keep students engaged in learning.
  • Prohibit exclusion because of absences or tardiness.
  • Require absences related to mental health to be excused.
  • Limit exclusionary discipline for behaviors that do not present a safety threat.
  • Require educational services during suspensions and expulsions.

What Counts as a Removal From School?

Any disciplinary action that takes a student away from their regular educational placement can count as a removal from school.

Examples of removals include:

  • Out-of-school suspension
  • In-school suspension
  • Expulsion
  • Emergency removal
  • Removal from class, activities, or part of the school day because of behavior

These actions are also referred to as exclusionary discipline because they remove a student from some or all of their educational program.

Repeated requests to pick up a student early can result in significant missed instruction. Understanding how these removals are affecting the student’s school day can start with a few key questions:

  • How much instruction is my child missing?
  • Are these removals being documented?
  • Why is my child being removed instead of receiving additional support?
  • Does my child need an evaluation, new accommodations, or additional services?

A shortened school day should not be an automatic response to behavior challenges. Before reducing a student’s school day, schools should consider whether additional supports, services, accommodations, instruction, or behavioral interventions could help the student participate successfully in a full day.

If the school reduces a student’s schedule because of behavior, the change could be considered a suspension. OCR’s guidance points out that a shortened school day is an example of a significant change of placement, and that placement changes require a re-evaluation process.

What Rights Continue During Suspensions and Other Removals?

A student’s right to education does not end because of a disciplinary removal. Washington law requires schools to provide educational services during suspensions, expulsions, and emergency removals (WAC 392-400-610). Educational services should help students continue participating in the general education curriculum and making educational progress.

When a student is suspended or expelled, families have the right to ask how educational services will continue, including:

  • What educational services will be provided?
  • How will instruction be delivered?
  • How will assignments be completed?
  • Who should we contact with questions?
  • How will progress be monitored?

Educational services provided in an alternative setting must enable the student to:

  • Continue to participate in the general education curriculum
  • Meet the educational standards established within the district
  • Complete subject, grade-level, and graduation requirements.

Schools must report disciplinary and emergency removals to both the parent or guardian and the state. Written notice must include:

  • A description of the student’s behavior and how it violated district discipline policy.
  • The length of the suspension or expulsion.
  • Information about educational services.
  • Information about the right to request a conference.
  • Information about appeal rights.

The school district must provide notice in a language the student and parent or guardian can understand, including interpretation or translation when needed (WAC 392-400-455). 

What Happens When Families Disagree With a School’s Decision?

Families have the right to ask questions and request information when they disagree with disciplinary actions, evaluation decision, placement change, or denial of services.

Requests may include:

  • Written notice explaining the decision
  • School records related to the incident
  • An evaluation or reevaluation
  • An IEP or Section 504 meeting
  • An FBA or BIP
  • Information about educational services
  • Information about available appeal or dispute-resolution options

Washington’s discipline rules include procedures for notice, conferences, review, and appeals. Students receiving special education services may also have additional protections when disciplinary removals become lengthy or repeated.

When families disagree with decisions about evaluation, services, placement, or discipline, federal and state laws provide rights and dispute-resolution options. PAVE’s articles on dispute resolution and procedural safeguards offer practical guidance for understanding available options and next steps.

If a concern involves disability discrimination, an Office for Civil Rights (OCR) complaint may also be an option.

Learn More

The Governor’s Office of the Education Ombuds (OEO) provides information about Discipline, Suspensions, and Expulsions, and options for resolving concerns when families disagree with school decisions.

Schools are guided by the state to use best practices when evaluating and serving students with special needs. OSPI’s Model Forms for Services to Students in Special Education webpage has links to downloadable forms schools use to develop IEPs, Section 504 Plans, and more, including:

PAVE provides a Behavioral Health Toolkit that includes a video to support development of a Behavior Intervention Plan (BIP).

The Office of Special Education Programs (OSEP) issued guidance in July 2022 that describes federal work underway to improve behavioral supports and reduce disciplinary removal of students receiving special education services. OSEP’s Dear Colleague Letter includes links to a Q and A document about disciplinary requirements and A Guide for Stakeholders.

Summer Reading Tips for Families

Summer days offer time to focus on play, creativity, and family fun – including reading. When summer days include time for reading, those days help children keep the skills they worked on during the school year. PAVE has some tips for families to keep kids interested in reading, while still having fun!

A Brief Overview

  • Reading during summer helps prevent the “summer slide.”
  • Everyone can enjoy reading when they have the right tools, no matter how they learn.
  • Learning Heroes helps families find out their child’s reading level. This can help when asking teachers or librarians for book ideas.
  • Any kind of book that gets kids excited about reading is great—like graphic novels, audiobooks, online read-alouds, or e-books.
  • Multisensory (using pictures, sounds, movement) and interactive tools (like websites and apps) can make reading more fun and interesting.
  • Help kids understand what they read by asking questions, guessing what might happen next, and talking about the story together.
  • Friendly reading competitions can motivate kids. Libraries and bookstores offer summer reading rewards.

Introduction

Summer is a great time for kids to relax, explore new interests, and enjoy a break from the school routine. But it’s also a perfect opportunity to keep learning in fun and meaningful ways—especially when it comes to reading. Without regular practice, children can lose some of the progress they made during the school year, a challenge often called the “summer slide.” Including reading in summer routines helps kids hold on to important skills like vocabulary, comprehension, and fluency. With a little planning, families can support their child’s learning while still making time for play, creativity, and family fun. 

Reading is for everyone! No matter a child’s learning style or ability, there are ways to make reading accessible and enjoyable. For children with learning disabilities, vision challenges, or physical conditions like cerebral palsy, there are tools and resources that can help. One example is Bookshare, a free service that provides e-books in alternative formats such as audiobooks, braille, large print, and more. These options allow all children to experience the joy of reading and continue building their skills in ways that work best for them.

Understand Your Child’s Reading Level

Understanding your child’s reading level and the typical milestones for their age can help you choose the right books and activities to support their growth. Reading milestones—like recognizing letters, sounding out words, or understanding story structure—give helpful clues about what your child is ready to learn next. If possible, ask your child’s teacher for information about their current reading level before summer break. This can help you use any reading guides from the school or library more effectively.

You can also use tools like the Learning Heroes ‘Readiness Check’ to get a quick snapshot of your child’s reading skills. Knowing what your child can do—and what they’re still working on—makes it easier to find books that are just right: not too easy, not too hard, and still fun to read. Matching reading materials to your child’s level helps build confidence and keeps them moving forward.

Washington State’s Office of Superintendent of Public Instruction (OSPI) offers helpful guidance for teachers and families through its Early Literacy Pathways booklet, which includes a chart of developmental milestones linked to reading. Understood.org also provides a helpful guide called Reading skills at different ages, which outlines what reading progress typically looks like from early childhood through middle school.

Follow Your Child’s Lead

Ask a librarian to show you where to find books in your child’s general reading level, then turn your child loose to explore. Children will often gravitate to books that look interesting and accessible to them.

Don’t worry if the child wants to explore a book that seems too easy or too hard. Keep in mind that the point is to keep the child interested in reading. Sometimes children need something easy to keep it fun, and sometimes the subject of a harder book makes it more fascinating. 

Some children choose comic books or books with diagrams, which are rarely included on teacher lists but can keep kids going to the library. Consider whether guilt-free reading options might reduce battles and keep eyes engaged on the page. Any format that captures a child’s imagination and makes them enjoy reading is valuable. Consider graphic novels, audio books, read aloud online videos, or e-readers in addition to traditional books.

Pull Words from the Page

Some kids enjoy reading more when it’s hands-on or uses more than just words. Adding pictures, sounds, movement, or even smells and tastes can make reading easier and more fun. Multisensory reading activities help children connect with stories in meaningful ways,

The infographic below contains screen-free multisensory ideas. Try these ideas:

Download the Multisensory Activities Infographic in:
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Encourage Reading Comprehension Skills

Building strong reading comprehension skills helps children understand, remember, and enjoy what they read. It’s not just about recognizing words, it’s about making meaning from the text. These skills help kids follow the story, understand characters’ actions, and learn new ideas and vocabulary. They also allow children to connect what they read to their own lives or other books, which deepens their understanding. When kids ask questions and think about the story in different ways, they grow into more confident and capable readers and thinkers. Encouraging curiosity, discussion, and creativity during reading time can make a big difference in how well children engage with books.

Some ideas to support reading comprehension at home are:

  • Ask open-ended questions during and after reading to spark thinking and conversation.
  • Make predictions about what might happen next in the story.
  • Connect to personal experiences or other books to help kids relate to the story and understand it better.
  • Use visuals like drawings, story maps, or graphic organizers to break down key ideas.
  • Reread favorite books to reinforce understanding and notice new details.
  • Discuss new vocabulary and use it in different contexts to build word knowledge.
  • Summarize together by asking your child to retell the story in their own words.

Use Interactive Tools to Boost Literacy

Another great way to support comprehension is by using interactive tools that bring stories to life. Digital reading platforms and apps often include features like audio narration, animations, and games that help kids stay focused and understand what they’re reading. Many of them also offer books at different levels, so kids can read at their own pace while still being challenged. Below are some free interactive reading platforms that make reading both fun and educational:

Ask the teacher or school district what they offer over summer. Many schools partner with local organizations or offer school-supported access to digital learning applications, such as:

Many Washington state public libraries offer free access to digital reading platforms like Libby and Overdrive, where families can check out audiobooks and eBooks with a library card. For younger children, ask your local librarian about themed kits—these are specially curated for preschoolers and include books and toys centered around fun topics like counting, transportation, farms, colors, and seasons. These kits make reading interactive and engaging for little learners.centered around fun topics like counting, transportation, farms, colors, and seasons. These kits make reading interactive and engaging for little learners.

Make Reading Part of Everyday Activities

Children learn reading habits from their family, and when adults show they love to read, children will often model that behavior.

Read during everyday activities. Notice and read signs and billboards while you travel around town. Ask children to read the recipe while they help prepare a meal. They can help read a text message, an email, or a letter that came in the mail. Turn on the television’s closed caption feature, so a favorite show includes the words to read and follow along.

Everyone Wins with Playful Reading Rivalry

Encouraging friendly competition is a great way to keep kids motivated to read over the summer. Turning reading into a fun challenge—like participating in a read-a-thon or a family reading contest—can inspire children to pick up more books and stay engaged. Whether it’s tracking the number of books read, minutes spent reading, or completing themed reading challenges, a little competition can go a long way. Offering small rewards, celebrating milestones, or creating a shared reading chart can make the experience exciting and rewarding for everyone involved.

Washington families can take advantage of a variety of summer reading programs that offer fun incentives to keep kids motivated. Many public libraries across Washington participate in the Collaborative Summer Library Program (CSLP), which encourages kids to keep reading all summer long. Through this statewide initiative, children can join reading challenges at their local library and earn prizes for reaching reading goals—such as reading for a certain number of days or completing themed activities. Libraries often offer badges, prizes, and special events to celebrate progress and keep kids motivated.

Barnes & Noble offers a free (B & N) Summer Reading Program for children in grades one through grades 6. Read a total of eight books, write the title of each book and what your child like best about the book on their journal. Take the completed journal to Barnes and Noble to get a free book from the booklist for their grade.  Visit the store to ask for a journal or print out the journal at home, to track summer reading. Similarly, Books-A-Million offers a fun reward for summer readers. Kids who read a book from the Summer Reading Adventure list and complete a printable reading log can earn a themed backpack. 

Final Thoughts

Summer is a season full of possibilities—and reading can be one of the most rewarding adventures of all. Whether your child is flipping through picture books, listening to audiobooks, or diving into a favorite series, every page helps build skills, spark imagination, and foster a lifelong love of learning. With so many accessible tools, community programs, and creative ways to make reading fun, families can turn summer into a time of growth and discovery. So grab a book, find a cozy spot, and enjoy the journey—because every story is a step forward.

Happy reading this summer and always!

Learn More

Tips to Help Parents Plan for the Upcoming School Year

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.

A Brief Overview

Introduction

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.

Disability Teaches Us: Meaningful Inclusion Series

Families have an opportunity to learn about how children with disabilities can be included meaningfully and successfully in classrooms with their non-disabled peers. A three-part webinar series called “Disability Teaches Us: Meaningful Inclusion,” and additional training materials and resources are available on the Family Engagement Collaborative Website.

This website is part of the Inclusionary Practices Project (IPP), funded by Washington State’s Office of Superintendent of Public Instruction (OSPI). The Family Engagement Collaborative is comprised of PAVE, Open Doors for Multicultural Families, Roots of Inclusion, and Education Northwest.

In March and April of 2022, PAVE worked with The Office of the Education Ombuds and Inclusion for All to introduce the work of Dr. Priya Lalvani as part of the Disability Teaches Us Series and the OSPI Inclusionary Practices Project. Dr. Priya Lalvani is Professor of Disability Studies at Montclair State University and is editor of Constructing the (M) other: Narratives of Disability, Motherhood, and the Politics of Normal. Dr. Lalvani co-authored Undoing Ableism: Teaching about Disability in K-12 Classrooms.

According to Dr. Lalvani, inclusive education is more than placing students with disabilities into general education settings. It is “the philosophy and practice of educating diverse students in classrooms which are heterogenous in terms of ethnicity, class, culture, gender identity, (dis)ability and other identity markers, using strategies that are responsive to each student’s strengths and needs.”

Learn more about the theory of inclusive education and the work of Dr. Lalvani by watching the Disability Teaches Us series, available through the Family Engagement Collaborative website, fecinclusion.org. You can also access additional training and resources to support inclusive education practices.

These resources can help everyone understand that inclusion means more than just providing a seat in the Least Restrictive Environment (LRE). LRE is an aspect of the federal Individuals with Disabilities Education Act (IDEA), which requires delivery of educational services to students with disabilities in general education to the maximum extent appropriate to meet their individual needs. For more information about LRE and state and federal requirements, read PAVE’s article, Special Education is a Service, Not a Place

Families can seek individualized assistance by clicking Get Help from PAVE’s website, wapave.org.

Surrogate Parents Support Unaccompanied Students in Special Education

A Brief Overview

  • Parent participation in IEP process is a protected right for students with disabilities. If a student doesn’t have a family caregiver or legal guardian to advocate in their behalf, a surrogate parent is assigned to fill that role.
  • A surrogate parent is not paid and cannot be employed by the school system, or any other agency involved in the care or education of the child.
  • The provision for a surrogate parent is part of federal special education law, the Individuals with Disabilities Education Act (IDEA Section 300.519).

Full Article

If a student eligible for special education services does not have a family caregiver, adoptive parent, or other legal guardian fulfilling the role of parent, then a surrogate parent is assigned to ensure the student’s rights are protected. The surrogate parent fulfills the family caregiver role on a student’s Individualized Education Program (IEP) team and advocates to ensure the student’s needs are met.

A surrogate parent is an individual appointed by the public agency (usually a school district) responsible for the student’s special education services. Schools are responsible to assign a surrogate parent within 30 days after recognizing the need. Note that a child who is a ward of the state may be assigned a surrogate parent by the judge overseeing their case.

If a private individual, such as a neighbor or friend, has explicit written permission from the student’s parent or guardian to care for the student, a surrogate parent is not required.

A student 18-21 is responsible for their own educational decision-making unless they have a guardian to exercise their legal rights. A school district is responsible to assign a surrogate parent for a student declared legally incompetent or if an adult student with a disability asks for a surrogate parent.

A surrogate parent is required for a minor student when the parent cannot be identified or located or if parental rights have been terminated. A student’s parents are considered to be unknown if their identity cannot be determined from a thorough review of the student’s educational and other agency records.

A student’s parents are considered unavailable if they cannot be located through reasonable effort that includes documented telephone calls, letters, certified letters with return receipts, visits to the parents’ last known address, or if a court order has terminated parental rights. A parent is also considered unavailable if unable to participate in the student’s education due to distance or incarceration.

If a parent is too ill to participate at a meeting, either in person or by phone, that parent has the option of giving another individual written permission to act for them.

An uncooperative or uninvolved parent is not the same as an unavailable one.  A surrogate parent is not assigned because parents choose not to participate in their child’s education.

A child identified as an unaccompanied homeless youth by the McKinney-Vento Homeless Assistance Act is an example of a student who would be assigned a surrogate parent to support them within the special education system. Children with surrogate parents might live in foster homes, nursing homes, public or private group homes, state hospitals, or correctional facilities.

In some cases, a state agency has guardianship of a student with a disability: That student requires the assignment of a surrogate parent. 

Foster parents need to be formally appointed by the school as surrogate parents if they do not have legal guardianship. Relatives without formal kinship rights also can be designated as surrogate parents within the special education process.

A surrogate parent is not paid and cannot be employed by the school system, or any other agency involved in the care or education of the child. However, an unaccompanied homeless youth may be supported by appropriate staff from an emergency shelter, street outreach team, or other agency temporarily until a surrogate parent with no conflict of interest is appointed.

A surrogate parent must have knowledge and skills that ensure adequate representation of the student. A community volunteer, guardian ad litem, or other invested adult might serve as a surrogate parent. The surrogate parent must commit to understanding the student’s strengths and needs and how the educational system is structured to support the student’s services. Ideally, the surrogate parent lives near the student and is a match for providing culturally appropriate help in the student’s language.

The surrogate parent represents the student in all matters relating to special education identification, evaluation, and placement and works to ensure that the student receives a Free Appropriate Public Education (FAPE) from their school-based services.

The provision for a surrogate parent is part of federal special education law, the Individuals with Disabilities Education Act (IDEA Section 300.519).

Washington’s Office of Superintendent of Public Instruction (OSPI) includes some downloadable resources about the surrogate parent in its Special Education Resource Library.

PAVE is here to help all caregivers, including surrogate parents. For direct assistance, click Get Help to complete an online Help Request Form.

Behavioral Health and School: Key Information for Families

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Schools evaluate students to ask and answer these three questions:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

So what does it mean to get FAPE?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Keep in mind that Section 504 protects:

* Students with Section 504 Plans

* And Students with IEPs

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

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

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


If the school automatically shortens a student s school day

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Quick Look: How to Prepare for a Virtual Meeting

Schools and families continue to meet virtually to discuss special education services during the closures related to the coronavirus pandemic. Here are tips to help family members prepare for remote meetings to discuss a student’s Individualized Education Program (IEP), a Section 504 Plan, evaluation for special education services or something else related to a special education student’s needs and learning program.

For more comprehensive information, see PAVE’s article, IEP on Pause? How to Support Continuous Learning with School Buildings Closed.”

  • Determine a regular communication plan with the school. That might include email, telephone, text, web-based meetings, U.S. mail, packet delivery by school bus…  whatever works for regularly checking in.   
  • Family caregivers can request meetings. PAVE provides a template to formalize the request: Sample Letter to Request an IEP Meeting. Included with the letter template is detail about who is required to attend IEP meetings, and those requirements have not changed.
  • The Special Education Continuous Learning Plan is provided by the Office of Superintendent of Public Instruction (OSPI) to support but not replace the IEP during the national crisis caused by the coronavirus pandemic. Included in the form is a sample meeting agenda.
  • Consider confidentiality and privacy issues. Ask school staff to describe how privacy and confidentiality are protected through a suggested meeting platform, and make sure to have any passwords or PINs ready to use when you log in or call into a meeting.
  • Before a meeting, ask to sign any necessary paperwork or releases to have special education records sent electronically via email. Special education records can include meeting notifications, IEP or Section 504 documents, assessments, progress reports, Prior Written Notices that describe meetings and planned actions, or other materials that contribute to the program review and goals.  
  • Review records before the meeting and write down questions to ask during the meeting. PAVE provides a Parent Handout Form or, for self-advocates, a Student Handout Form, that can help organize concerns and questions. Another version of a Parent Input Form is provided by the Washington Office of Superintendent of Public Instruction (OSPI).
  • Carefully review goals, services, accommodations, modifications and consider how they might apply or need to be adjusted for current circumstances. Think creatively and prepare to collaborate and request expertise from school staff. Pay special attention to the present levels of academic achievement and functional performance. These present levels statements, within the first pages of the IEP document, describe how the student is doing and where there are challenges. Wrightslaw.com provides tools specifically to support parents in reviewing IEP present levels in preparation for a meeting during COVID-19.
  • Consider whether the student will attend the meeting. A student who is 14 or older is invited as part of the state’s Pathways to Graduation planning. PAVE provides an article: Attention Students: Lead your own IEP meetings and take charge of your future.
  • Communicate early—before the scheduled meeting—to request updates about progress, a student’s present levels of performance, or other concerns. If family caregivers build a handout for the meeting, that can be submitted ahead of time to ensure that this information is part of the agenda.
  • Family members can request a practice session to test the technology. Part of that training might include practice sharing the screen to make sure everyone will be able to view important documents during the formal meeting.
  • As with in-person meetings, family participants can invite support people. A friend or family member might be able to attend and take notes.
  • Refer to parent and/or student input forms to stay on topic and ensure that all concerns and questions are addressed.
  • When the meeting ends, family participants can ask for a copy of the program recommendations page.
  • After the IEP meeting, the school provides a Prior Written Notice (PWN) to the family participants to review meeting notes and any decisions, agreements, or disagreements. Ask when and how the PWN will be provided. Family participants have the right to request amendments or corrections to the PWN.
  • Be sure to leave with a clear action plan. Here are key questions to ask and record:
    • What will happen?
    • Who is responsible?
    • When will the actions happen? Are there timelines?
    • How will we communicate for follow through?
  • As with any meeting, any unresolved issues can be addressed in a follow-up meeting.

To learn more, PAVE provides a six-minute overview of IEP basics and a 30-minute training video about special education.   

Early Learning Transition: When Birth-3 Services End

The Individualized Family Service Plan (IFSP) ends when a child turns 3. A transition to a preschool plan with an Individualized Education Program (IEP) requires a new evaluation and is a team-led process:

Planning begins 6-9 months before the third birthday.

  • The Family Resource Coordinator (FRC) schedules a transition conference to design a written Transition Plan.
  • The transition includes an evaluation that is conducted by the local school district and usually begins 2-3 months before the child’s third birthday.
  • If the child is determined eligible, the child will transition from a family-centered program of early learning (IFSP) into a school-based program (IEP).
  • Parent participation is critical: You are an important member of the transition planning team!

To qualify for an IEP, the child must meet evaluation criteria under the Individuals with Disabilities Education Act (IDEA). Criteria for Birth-3 services (Part C of the IDEA) are slightly different than the criteria for Special Education programming available for ages 3-21 (Part B of the IDEA).

To qualify for an IEP: (1) The student is determined to have a qualifying disability.  (2) The disability adversely impacts education. (3) The evaluation indicates a need for specially designed instruction.

Differences in Eligibility

IDEA Part C
(Also called Early Intervention -IFSP)

IDEA Part B
(Also called Special Education – IEP)
25% or 1.5 SD (Standard Deviation) Below the mean in one area of development – OR- 2 SD (Standard Deviation ) below the mean in one or more areas of development – OR –
Diagnosed physical or medical condition that has a high probability of resulting in delay  1.5 SD below the mean in two or more areas of development

Qualifying Disability Categories for IEP:

  • Developmental Delay (ages 3-8)
  • Specific Learning Disability
  • Intellectual Disability
  • Autism
  • Hearing Impairment
  • Emotional Disturbance
  • Deaf-blindness
  • Multiple Disabilities
  • Orthopedic Impairment
  • Other Health Impairment
  • Deafness
  • Speech/Language Impairment
  • Traumatic Brain Injury

A child who doesn’t qualify for an IEP:

  • May qualify for a Section 504 plan, which provides accommodations under the Rehabilitation Act of 1973 when:
    • The disability significantly limits one or more major life activities.
    • The student needs accommodations to access the general education curriculum.
  • May qualify for other services like Head Start, co-operative pre-school, paid pre-school or day care with early achievers, play-to-learn programs, and other early learning opportunities in a community setting.

Use this checklist to help track your family’s transition steps:

6-9 months before the child’s third birthday:

  • The Family Resource Coordinator (FRC) starts talking about transition.
  • The FRC transmits your child’s records to the school system, with your written consent. The most recent IFSP and evaluations/assessments are included.
  • If your child is potentially eligible for Part B services, a transition conference is scheduled.
  • Community resources are located.

Transition Conference:

  • Parent’s rights in special education are explained.
  • Options for early childhood special education and other appropriate services are discussed.
  • A transition time line is developed.
  • A transition plan is written into the IFSP.

Evaluation:

  • If you agree, you sign consent for evaluation.
  • Records from Early Intervention Services are received at the school.
  • Information from the family is considered.
  • Evaluation is completed, and the eligibility meeting is held within 35 school days so that an IEP can be developed before the child’s third birthday.

IEP Meeting:

  • The IEP meeting is scheduled with a formal written invitation with date, time and location.
  • Discussion and decision-making include the family, the FRC (with parent permission), and an early childhood special education staff member.
  • Eligibility for special education is decided.
  • If the child is eligible, the Draft IEP is brought to the team meeting and you will have the opportunity to agree or disagree.
  • You receive a copy of your rights and procedural safeguards.
  • If you agree, you sign consent for services to begin.

The IEP in action:

  • The child makes the transition from Early Intervention to Early Childhood Special Education or another pre-kindergarten arrangement, if chosen.
  • The IEP is in place by our child’s third birthday.
  • The team of professionals and parents continue working together to resolve any issues that arise.
  • All IEP team members communicate during this time of change.

What’s Next when Early Childhood Services End at Age 3?

A Brief Overview

  • Services for families with infants and very young children include family-focused, home-based support. Families are served with an Individualized Family Service Plan (IFSP). An IFSP ends when the child turns 3.
  • A child who qualifies for an Individualized Education Program (IEP) receives those services at school. Not all children who qualified for an IFSP will quality for an IEP. An IEP is for children ages 3-21, or until high-school graduation.
  • Families may transition from getting in-home help for their child with special needs to participating as members of an IEP team. This can feel like a big change. The information in this article can empower parents.
  • Transition planning starts at least half a year before the child’s third birthday. Providers, teachers, school administrators and the family start thinking and collaborating early about what the child might need to do well.
  • Read on to learn what parents need to know when a young child with special needs makes the transition from Birth-3 services into preschool or another program.
  • A parent-support agency called Informing Families provides a 12-minute video to guide parents through the early-learning transition process. 

Full Article

When a child is born with a disability or the family realizes early that an impairment might impact a young child’s ability to learn and develop at a typical rate, the family can get help from the state. Early Support for Infants and Toddlers (ESIT) is managed by Washington’s Department of Children, Youth, and Families (DCYF).

Services for families with infants and very young children include family-focused, home-based support. When a child is ready to graduate from those early-learning services, the school district determines whether to conduct an educational evaluation to see whether the child qualifies for school-based services. If a child qualifies, the family and school district work together to generate an Individualized Education Program (IEP), which can begin at age 3 in preschool.

A child who qualifies for an IEP receives those services at school. Families transition from getting in-home help for their child with special needs to participating as members of the IEP team. The goals change, and parents help teachers and school staff talk about what the child needs to successfully access school and learning. This transition can be disorienting to some families. Read on for more detail.

Early Intervention can start from birth

Early intervention services are guaranteed by the Individuals with Disabilities Education Act (IDEA), under “Part C” of the IDEA. The U.S. Department of Education manages a federal grant program under the Office of Special Education Programs (OSEP) that helps states manage early intervention programs to support infants and young children and their families.

Part C services are available for infants and young children who:

  1. Experience developmental delays, which are medically diagnosed to impact cognitive, physical, communication, social-emotional and/or adaptive skills
  2. Have a diagnosed physical or mental condition that has a high probability of resulting in a developmental delay

Washington’s ESIT program assigns agencies in each county to serve as a “lead agency” to coordinate early learning services and testing. The lead agency works with service providers and the family to review a child’s medical record, discuss any observations by caregivers, and conduct screenings to see what’s going on and whether the issues of concern meet criteria under Part C for early intervention. 

When a child is found eligible for services, a Family Resource Coordinator (FRC) manages the case. The FRC helps to develop an Individualized Family Service Plan (IFSP). Each plan is unique and may involve individualized instruction, therapy services and supported access to community resources. The plan is designed around the needs of the child and family and is not based on a predetermined program model.

Family-based, early learning services end on the child’s third birthday. A new educational evaluation is required to see whether the student qualifies for an IEP under “Part B” of the IDEA.

Part B services are available for children ages 3-21 (or until high-school graduation) who:

  1. Have a qualifying disability in at least one of 14 federal qualifying categories
  2. Are significantly affected by that disability at school (“Significant Educational Impact” is determined with evidence and data)
  3. Require specialized instruction to overcome the barriers of that disabling condition

14 Disability Categories

  1. Autism
  2. Emotional Disturbance
  3. Multiple Disabilities
  4. Specific Learning Disability
  5. Visual Impairment / Blindness
  6. Deaf-Blindness
  7. Hearing Impairment
  8. Orthopedic Impairment
  9. Speech / Language Impairment
  10. Developmental Delay (ages 0-8)
  11. Deafness
  12. Intellectual disability
  13. Other health impairment
  14. Traumatic Brain injury

Note that the disability category of developmental delay can qualify a child for free, family-focused services to age 3 and school-based, IEP services through age 8.

Helpers get creative during “Part C-to-B Transition” planning

The FRC helps the family and school district get ready. Often this is referred to as “Part C-to-B Transition” planning, so it’s helpful when families understand that Parts C and B come from federal law, the IDEA (Individuals with Disabilities Education Act), designed to ensure that children with disabilities get the help they need to be successful at school and prepared for life.

For families who have received services through the state’s early-learning program (ESIT), Part C-to-B Transition planning starts at least half a year before the child’s third birthday. Providers, teachers, school administrators and the family start thinking and collaborating about what the child might need to do well. The work includes a “Transition Planning Conference,” which happens about 90 days before a child turns 3. The participants at this meeting write a plan for what services or community supports the child might receive. 

Each plan is unique and designed to respond to individual needs. A child’s plan might indicate need for a specific child-care setting or medical-based therapies. The plan might include a referral to a specific, state-funded special-education preschool program through Head Start or the Early Childhood Education and Assistance Program (ECEAP, pronounced “E-Cap”). A transition plan also can name local playgroups or parent-support networks to connect the family to community resources. If a child’s educational evaluation has determined that the child is eligible for an IEP, then information about that is included.

Not all children who qualified for early-learning support will qualify for an IEP. Children who are not eligible for IEP services might be eligible to receive accommodations and support through a Section 504 Plan.

Early learning isn’t the only pathway to an IEP evaluation

Children who didn’t receive early-learning interventions can also be evaluated to determine whether they qualify for school-based services that can start as young as age 3 and can continue through age 21, or until a student graduates from high school.

Anyone with concerns about a child can refer the child for an educational evaluation. These referrals usually come from parents, teachers, medical providers or early-learning specialists. When a concerned adult formally requests an evaluation from the school district (best-practice is to make the request in writing), then the district is bound by the IDEA to respond to that request within 25 school days. PAVE provides a comprehensive article about the evaluation process.

The school district has a responsibility under the Child Find mandate of the IDEA to seek out and evaluate children with known or suspected disabilities who may need services. 

When a school district agrees to evaluate, parents sign consent for the assessments to begin. The IDEA requires schools to complete an evaluation within 35 school days. For a child receiving early-learning services, the first IEP meeting is required on or before the child’s third birthday.

Families may invite whomever they want to an IEP meeting. For example, they can invite the Family Resource Coordinator (FRC), a family member, a friend or any other support person. 

If the school district does not conduct an educational evaluation, or if the evaluation indicates that the child doesn’t qualify for school-based, IEP services, parents have the right to disagree with the school’s decision. The family can request a written statement that describes the school district’s position, with any information or data that was used to justify the decision.

Parents have rights to disagree through a variety of dispute engagement options. PAVE provides comprehensive articles about evaluation, IEP process and Procedural Safeguards, Student and Parent Rights.

PAVE’s Parent Training and Information (PTI) center provides technical assistance and can help parents understand how to participate in their child’s learning. Got to: wapave.org/get-help or call (253) 565-2266, 1-800-5-PARENT ext.115

The Arc of Washington hosts local Parent-to-Parent (P2P) programs across the state. Families can request a “support parent match” to talk with another parent who has already navigated this process. Visit Arcwa.org for more information.

Additional Resources:
Informing Families – informingfamilies.org
Office of Superintendent of Public Instruction (OSPI) – k12.wa.gov   
OSPI Early Childhood services –  k12.wa.us/Specialeducation/earlychildhood
Early Intervention Resources in English and Spanish – ParentCenterHub.org
Washington State Department of Children, Youth, and Families – dcyf.wa.gov

If you are concerned about a child’s development: