Join Peter Jung M.Ed., Youth Specialist for PAVE, for a lunch and learn on how to manage risks and address concerns around the quickly evolving world of social media. Topics covered will include safety advice, how to build agency over social media use, and understanding how to use social media beneficially.
P2P@wapave.org
January 4: IDEA Unveiled: overview of the Individuals with Disabilities Education Act (IDEA), focusing on rights, processes, and strategies to support students with disabilities and their families.
January 11: Starting Strong (IFSP):focus on understanding and implementing Individualized Family Service Plans (IFSP) to support early intervention services and empower families in guiding their child’s development.
January 18: Navigating 504: focus on eligibility, accommodations, and strategies to ensure equal access to education for students with disabilities.
January 25: Unlocking the Potential to IEP Data: focus on how to effectively interpret and utilize Individualized Education Program (IEP) data to support student progress and drive meaningful educational outcomes.
pti@wapave.org
When You Attend a STOMP Workshop You Learn …
Empower yourself with knowledge of educational rights, support services, and access to TRICARE, ECHO, and ABA programs.
Connect with local resources and a supportive community network to share ideas and solutions with other parents and professionals.
February 4: TRICARE, ECHO, ABA & Medicaid (Secondary dependency)
February 6: Financial Planning for the Future
February 11: Effective Communication
February 13: Sound the Cadence: Raising Voices in Advocacy
Stomp@wapave.org
When You Attend a STOMP Workshop You Learn …
Empower yourself with knowledge of educational rights, support services, and access to TRICARE, ECHO, and ABA programs.
Connect with local resources and a supportive community network to share ideas and solutions with other parents and professionals.
3:00 pm – 5:00 pm ET
January 8: Demystifying Key Components of an IEP
January 15: Accommodations Across the Lifespan: Transition Plans are part of the IEP
January 22: Dispute Resolution: Orders and Chain of Command for Resolving Conflicts
January 29: Sound the Cadence: Raising Voices in Advocacy
Stomp@wapave.org
When You Attend a STOMP Workshop You Learn …
Empower yourself with knowledge of educational rights, support services, and access to TRICARE, ECHO, and ABA programs.
Connect with local resources and a supportive community network to share ideas and solutions with other parents and professionals.
9:00 am – 11:00 am KST
January 8: Accommodations Across the Lifespan: Section 504 Plans
January 15: Student-Led IEPs: Developing and Supporting Self-Advocacy
January 16: Demystifying Key Components of an IEP
January 29: Decoding the Data: Building Blocks to the IEP, BIP, and Assistive Technology Evaluation data
If attending stateside:
Time: 4-6 pm PT/ 7-9 pm ET
January 7: Accommodations Across the Lifespan: Section 504 Plans
January 14: Student-Led IEPs: Developing and Supporting Self-Advocacy
January 15: Demystifying Key Components of an IEP
January 28: Decoding the Data: Building Blocks to the IEP, BIP, and Assistive Technology Evaluation data
Stomp@wapave.org
You must register to receive the meeting information! Register today!
Special Education Trainings 2024-2025
These trainings are supported in partnership with ESD 114
Join our virtual training sessions to learn about key aspects of the special education process. Gain valuable insights, ask questions, and connect with experts to better support students with disabilities.
Dates and Topics:
Date: September 25th, 2024
Time: 4pm – 5:30pm
Topic: Understanding the Special Education Process
Description: This training will bring understanding to the Special Education Process and how it works to ensure students with disabilities receive a Free Appropriate Public Education. It will also clarify the rights and responsibilities under IDEA. Participants will become knowledgeable in navigating the Special Education process from eligibility, evaluation and the development of IEPs and their implementation. After the training, an IEP Clinic is available to participants to share their questions and concerns regarding their students, Evaluations, IEPs, or meetings.
Date: January 29th, 2025
Time: 4pm – 5:30pm
Topic: Washington State Governors Office of the Education Ombuds overview
Description: Overview of the OEO’s work and how the office supports families, communities, and schools addressing the concerns that impact all students’ education. There will be an IEP clinic to address individual questions and concerns.
Date: April 9th, 2025
Time: 4pm – 5:30pm
Topic: School To Adulthood: Planning The Path
Description: This training will provide information to parents, guardians and professionals who are assisting student with disabilities in planning a path for their future. It’s never too soon to begin planning to ensure a smooth process from School to adulthood.
Date: May 7th, 2025
Time: 4pm – 5:30pm
Topic: Assistive Technology (AT): Does my student qualify for Assistive Technology
Description: This training will cover the : What, When, How, Who, and Where of Assistive Technology for students on 504 and IEP’s.
You must register to receive the meeting information! Register today!
pti@wapave.org
We’re here to help with IEPs and other documents—no registration needed, just show up! Join us on the 4th Friday of each month (except December) from 11:00 AM to 1:00 PM at Round Table Pizza on George Washington Way. First come, first served, so swing by, grab a slice, and let’s tackle those documents together!
No registration required!
pti@wapave.org
New parents often worry about their child’s growth and development, especially when comparing with other children. Early intervention can be crucial for children with developmental delays or disabilities. In Washington, families can connect with a Family Resource Coordinator (FRC) for guidance and access free developmental screenings. The Department of Children, Youth and Families (DCYF) offers services through Early Support for Infants and Toddlers (ESIT), providing evaluations and individualized plans (IFSP) to support eligible children from birth to age three. These services, protected under the Individuals with Disabilities Education Act (IDEA), are typically free and aim to help children thrive in various settings.
New parents may struggle to know whether their child’s growth and development are on track. They may have a feeling that a milestone is missed, or they may observe siblings or other children learning and developing differently. Sometimes a parent just needs reassurance. Other times, a child has a developmental delay or a disability. In those cases, early interventions can be critical to a child’s lifelong learning.
Washington families concerned about a young child’s development can call the Family Health Hotline at 1-800-322-2588 (TTY 1.800.833.6384) to connect with a Family Resource Coordinator (FRC). Support is provided in English, Spanish and other languages. Families can access developmental screening online for free at HelpMeGrow Washington.
Several state agencies collaborated to publish Early Learning and Development Guidelines. The booklet includes information about what children can do and learn at different stages of development, focused on birth through third grade. Families can purchase a hard copy of the guidelines from the State Department of Enterprise Services. A free downloadable version is available in English, Spanish, and Somali from DCYF’s Publication Library. Search by title: Washington State Early Learning and Development Guidelines, or publication number: EL_0015.
In Washington, the Department of Children, Youth and Families (DCYF) administers services for eligible children from birth to age 3 through Early Support for Infants and Toddlers (ESIT). Families can contact ESIT directly, or they can reach out to their local school district to request an evaluation to determine eligibility and consider what support a child might need. The ESIT website includes videos to guide family caregivers and a collection of Parent Rights and Leadership resources, with multiple language options.
Early intervention services (EIS) are provided in the child’s “natural environment,” which includes home and community settings where children would be participating if they did not have a disability. According to ESIT, “Early intervention services are designed to enable children birth to 3 with developmental delays or disabilities to be active and successful during the early childhood years and in the future in a variety of settings—in their homes, in childcare, in preschool or school programs, and in their communities.”
Children who qualify receive services through an Individualized Family Service Plan (IFSP). The right to an IFSP is protected by Part C of the Individuals with Disabilities Education Act (IDEA). The IDEA is a federal grant program that provides funding for states to implement early learning and special education programs. Part B of the IDEA protects an eligible school-age student’s right to an Individualized Education Program (IEP). Part A includes general guidance about the educational rights of children 0-22.
Family caregivers, childcare professionals, teachers, or anyone else can refer a child for an early learning evaluation if there is reason to suspect that a disability or developmental delay may be impacting the child’s growth and progress. The school district’s duty to seek out, evaluate and potentially serve infants, toddlers or school-aged students with known or suspected disabilities is guaranteed through the IDEA’s Child Find Mandate.
Early intervention is intended for infants and toddlers who have a developmental delay or disability. Eligibility is determined by evaluating the child (with parental consent) to see if the little one does, in fact, have a delay in development or a disability. Eligible children can receive early intervention services from birth to the third birthday. PAVE provides an article that describes What Happens During an Early Intervention Evaluation, and a checklist for When Your Child is Found Eligible for Early Intervention Services (EIS).
If an infant or toddler is eligible, early intervention services are designed to meet the child’s individual needs. Options might include, but are not limited to:
Services are typically provided in the child’s home or other natural environment, such as daycare. They also can be offered in a medical hospital, a clinic, a school, or another community space.
The IFSP is a whole family plan, with the child’s primary caregivers as major contributors to its development and implementation. Parents/custodial caregivers must provide written consent for services to begin. In Washington, Family Resource Coordinators (FRCs) help write the IFSP. Team members may include medical professionals, therapists, child development specialists, social workers, and others with knowledge of the child and recommendations to contribute.
The IFSP includes goals, and progress is monitored to determine whether the plan is supporting appropriate outcomes. The plan is reviewed every six months and is updated at least once a year but can be reviewed at any time by request of parents or other team members. The IFSP includes:
PAVE provides a downloadable checklist to help parents familiarize themselves with the IFSP.
If parents have a concern or disagree with any part of the early intervention process, they can contact their Family Resource Coordinator (FRC). If issues remain unresolved, families may choose from a range of dispute resolution options that include mediation, due process, and more. ESIT provides access to a downloadable parent rights brochure with information about dispute resolution options in multiple languages.
Washington State provides most early intervention services at no cost to families of eligible children. Some services covered by insurance are billed to a child’s health insurance provider, with the signed consent of a family caregiver. The early intervention system may not use health care insurance (private or public) without express, written consent.
Part C of the IDEA requires states to provide the following services at no cost to families: Child Find (outreach and evaluation), assessments, IFSP development and review, and service coordination.
Military-connected infants and toddlers receiving early intervention services must be enrolled in the Exceptional Family Member Program (EFMP) while their servicemember is on active-duty orders. The Exceptional Family Member Program (EFMP) is a mandatory program for all branches of the U.S. Armed Forces that helps military dependents with special medical or educational needs. The Army, Navy, Air Force, Marine Corps, and Space Force each have an EFMP and the Coast Guard, which operates under the authority of the Department of Homeland Security, has a similar program called the Special Needs Program (SNP).
The Early Childhood Technical Assistance Center (ECTA), funded by the U.S. Department of Education’s Office of Special Education (OSEP), builds state and local capacity to improve outcomes for young children with disabilities and their families. Military-connected families and others relocating or living outside of Washington State can contact the early intervention services program in their new state with the help of ECTA’s Early Childhood Contacts by State directory.
Military families moving from or to installations that have Department of Defense Education Activity (DoDEA) schools will receive their early intervention services from Educational and Developmental Intervention Services (EDIS). Referrals may come to EDIS from any military medical provider or the parents. Upon receipt of a referral to EDIS, an initial service coordinator is assigned to contact and assist the Family. The initial service coordinator gathers information to understand the family’s concern, shares information about early intervention, and makes arrangements to proceed with the process. In EDIS, any member of the early intervention team can serve as an initial service coordinator. EDIS is provided in locations where DoDEA is responsible for educational services, including some installations on the eastern side of the United States.
PAVE provides downloadable toolkits specifically designed for parents and families of young children:
Brief overview
Full Article
For families new to Washington State, this article includes state-specific information about special education systems. PAVE wants to extend a warm welcome to your entire family and to let you know that we are ready to support you. If your family has moved here to fulfill a military role, we thank you for your service!
The language of special education, school and support systems differ between States. Following is some basic information to help you navigate Washington systems.
State Education System
The State Education Agency (SEA) is the Office of Superintendent of Public Instruction (OSPI). Local Education Agencies (LEAs) are organized as 295 Districts that operate independently and include a school board governance structure. School boards are responsible to follow the Open Public Meetings Act. There are nine Educational Service Districts (ESDs) that partner with OSPI to provide services for school districts and communities and to help OSPI implement legislatively-supported education initiatives.
Charter schools, as public schools, have the same responsibilities as all public and non-public entities when serving students with disabilities. This includes developing and implementing Individualized Education Programs (IEPs) or Section 504 Plans for eligible students.
Washington has adopted the Interstate Compact on Educational Opportunity for Military Children (commonly known as “MIC3”), which addresses certain school transition issues for military children consistently, from State to State. Each Member State has a MIC3 State Commissioner to oversee compliance and coordinate with other commissioners as needed. Parents of military-connected children may contact their School Liaison or MIC3 State Commissioner directly for support with Compact-related issues. PAVE has prepared a MIC3 Step-by-Step Checklist to Resolve Issues with the Interstate Compact.
Washington’s compulsory attendance law requires that children begin attending school full-time at the age of 8 and continue attending regularly until the age of 18 (RCW 28A.225.010). A child must have turned 5 years old by August 31 to enroll in kindergarten, and 6 years old to enroll in first grade. Military-connected children who are covered by the provisions of MIC3 may continue kindergarten or first grade, despite the school’s age requirement, if they were already enrolled and attending at the sending school in their previous state. This PAVE article explains how MIC3 supports children in military families with enrollment-related issues.
Washington has multiple Pathways to Graduation and requires a High School and Beyond Plan (a career and college exploration experience that students begin in seventh grade) for all students. Under MIC3, schools must place military children in courses and programs based on placement and assessments performed by the sending school. Schools and districts may waive course requirements for placement and/or graduation of military-connected children, if a child has met the sending school’s requirements for grade advancement, placement, or graduation. Learn more about how MIC3 protects academic progress toward graduation in this PAVE article.
Early Learning Programs (ages 0-5)
Families concerned about a child’s development can call the Family Health Hotline at 1-800-322-2588, with support in multiple languages, or complete a free developmental screening online at ParentHelp123. The Department of Children, Youth and Families (DCYF) administers the state early intervention services (EIS) program, called Early Services for Infants and Toddlers (ESIT). After evaluating a child for eligibility and developing a family-focused plan, ESIT provides services to help infants and toddlers with disabilities or delays to learn and catch up in their development. Planning for the child’s transition out of ESIT by their third birthday includes coordination with the local school district to evaluate the child for school-aged services and supports. PAVE’s toolkit for family caregivers of infants and toddlers, From Birth to Three, outlines the educational rights of children and families in early intervention services.
The Early Childhood Education and Assistance Program (ECEAP) is Washington’s no-cost prekindergarten program, aimed at preparing 3- and 4-year-old children from families facing more significant challenges for success in school and life. Families with children aged 3 or 4 by August 31st may be eligible for ECEAP. Children are eligible for ECEAP and Head Start based on their age and family income. Up to 10 percent of ECEAP and Head Start children can be from families above the income limit if they have certain developmental factors or environmental factors such as homelessness, family violence, chemical dependency, foster care, or incarcerated parents. PAVE’s 3-5 Transition Toolkit includes more information and resources to support families of children with disabilities in this age range.
Special Education Information (School age)
Every student with a disability is protected from discrimination under Section 504 of the Rehabilitation Act of 1973, including each student with a 504 Plan and each student with an Individualized Education Program (IEP). OSPI provides fact sheets about Section 504 in multiple languages that describe the evaluation process and state requirements. Parents may contact the Section 504/Civil Rights compliance officer assigned to their student’s school district.
Washington Administrative Code (WAC), implements the provisions of the Individuals with Disabilities Education Act (IDEA) in WAC Chapter 392-172A. Parents’ rights and responsibilities in special education, known as procedural safeguards, are described in a short handbook available for download in multiple languages on OSPI’s website.
A child’s right to a timely evaluation and the school district’s responsibility to seek out and serve students with disabilities, referred to as Child Find, is described on OSPI’s website. A school district has 25 school days to respond to a referral/request for special education evaluation. Once a parent/caregiver signs consent to evaluate, the district has 35 school days to complete the evaluation. A parent can request an evaluation any time there are concerns about whether services match the student’s present levels of performance and support needs. PTI provides a sample letter for requesting evaluation.
Areas of evaluation are associated with 14 eligibility categories. Developmental Delay is a category for children ages 0-9 years old. The category of Emotional/Behavior Disability is unique to Washington – it is known as Emotional Disturbance under IDEA. Washington law requires that schools screen children in kindergarten through second grade for signs of dyslexia and to provide reading support for those who need it.
School districts must write and implement an IEP within 30 calendar days after eligibility is determined. Decisions about the provision of special education services are made by an IEP team, which includes parents and specific required staff members (WAC 392-172A-03095).
For a student with an IEP, there must be a transition plan in place by the beginning of the year in which they turn 16 years of age, unless the IEP deems it appropriate to begin earlier. Students “age out” of special education when they graduate from high school with a diploma or at the end of the school year in which they turn 21 years of age. If the student’s birthday is after August 31 of the current school year, they may continue special education until the end of that school year.
In 2019, the Washington State Legislature provided students with multiple pathways to graduation by passing House Bill (HB) 1599. PAVE provides an on-demand webinar on this topic: Life After High School: A Two-Part Training to Help Families and Young People Get Ready.
OSPI offers both informal and formal dispute resolution processes. IEP facilitation is available at no cost through Sound Options Group as a voluntary and informal process where a neutral facilitator helps parents and schools resolve special education concerns collaboratively. Washington State Governor’s Office of the Education Ombuds (OEO) acts as a neutral guide to help parents and schools resolve disagreements about special education services, without providing legal advice or advocacy. OSPI provides three formal special education dispute resolution processes: mediation, special education community complaint, and due process hearing.
Medical Supports and Services
Washington’s Medicaid, which includes the Children’s Health Insurance Program (CHiP), is called Apple Health. Applications are managed through the Health Care Authority (HCA), which oversees various Managed Care Organizations (MCOs) to provide health plan options. Open enrollment for Medicaid and Medicare starts on November 1st, 2024 and ends on January 15th, 2025. This is the annual opportunity to sign up, renew, or change coverage to best suit your family’s situation. Washington Health Plan Finder has step-by-step instructions for applying and navigators to help with the application process. Help is available for those who are having trouble navigating the health insurance landscape.
Eligible dependents of military families can benefit from both TRICARE and Medicaid. When a military family member is dually enrolled in TRICARE and Medicaid, TRICARE is the primary payee and Medicaid covers remaining costs. When a service member leaves the military and TRICARE benefits change, Medicaid can provide services similar to those of TRICARE Extended Care Health Option (ECHO).
Welcome to Washington!
We hope you might enjoy the delicious apples in our state—and save one for the teacher!
Additional Resources:
A Brief Overview
Full Article
Behavior is a form of communication, and children often try to express their needs and wants more through behavior than words. When a young person has a disability or has experienced trauma or other distress, adults and authorities may need to put in extra effort to understand. Missed cues and unmet needs can result in unexpected and sometimes explosive behaviors, which may lead schools to suspend or expel students. Schools are required to address students’ behavioral health needs and limit use of punitive discipline.
Unfortunately, not all students are adequately supported. State data indicate that students with disabilities are disciplined at least 2.5 times more often than non-disabled peers (See WA State Report Card). For students with disabilities who are Black, Indigenous, or People of Color (BIPOC), the numbers are consistently higher within Washington State and nationwide.
By many state and national measures, children’s behavioral health worsened during the pandemic and many children are developmentally behind in social, emotional, and behavioral skills. Governor Jay Inslee on March 14, 2021, issued an emergency proclamation declaring children’s mental health to be in crisis. At the same time, many schools and behavioral health agencies struggle to meet rising demand for services. PAVE provides a toolkit with further information about options for assisting children and young people with behavioral health conditions and ways to advocate for system change in Washington State.
This article provides information about school discipline. Keep in mind that disability rights protect individuals with all disabilities, including behavioral health disabilities. School policies and practices related to discipline may not discriminate against students, regardless of the nature or severity of the disability condition. Federal and state laws require that students with disabilities receive support and individualized instruction to help them meet behavioral expectations (WAC 392-172A-03110).
Federal and state guidance is written for schools and can help families too
This article includes links to various federal and state guidance documents that are written primarily to help school leaders follow laws that protect the rights of students with disabilities. Families and community members can refer to this guidance and work to help ensure that their local schools follow the law. When this does not happen, families and community members can use the dispute resolution process and incorporate federal and state guidance to support their advocacy efforts.
Dispute Resolution options related to IEP process are described in Procedural Safeguards. Dispute Resolution options when there are civil rights issues are described in the Section 504 Notice of Parent Rights. Both links connect to places where these documents are downloadable in various languages.
Key guidance and legal protections
Here are key state and national resources related to school discipline:
Washington State’s Office of Superintendent of Public Instruction (OSPI) provides information about Discipline Procedures for Students Eligible to Receive Special Education Services.
The Office of Special Education Programs (OSEP) within the US Department of Education issued a guidance letter July 19, 2022, that describes federal work underway to improve behavioral supports and reduce use of disciplinary removal nationwide. OSEP’s Dear Colleague Letter includes links to a Q and A document about disciplinary requirements and A Guide for Stakeholders, describing best practices to support behavior.
Also in July 2022, the US Department of Education’s Office for Civil Rights (OCR) issued guidance about the rights of students with behavioral health needs. Available in multiple languages, the downloadable booklet is titled: Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973.
In a Dear Colleague letter published with OCR’s guidance on July 19, 2022, Catherine E. Lhamon, Assistant Secretary for Civil Rights, calls out problems related to disability discrimination. “An important part of [OCR’s] mission is to ensure that students are not denied equal educational opportunity or subjected to discrimination based on their disabilities, including through the improper use of discipline,” Sec. Lhamon wrote.
Behavior support is part of FAPE
The right to appropriate behavioral supports is part of a student’s right to a Free Appropriate Public Education (FAPE), which requires services and supports designed to meet identified needs so students with disabilities can access what non-disabled students access without individualized services.
OCR’s guidance includes information about what schools must provide to serve FAPE, including the responsibility to offer regular and/or special education, and related aids and services, that “are designed to meet the student’s individual educational needs as adequately as the needs of students without disabilities are met.”
Qualified personnel are required for FAPE: “Schools must take steps to ensure that any staff responsible for providing a student with the services necessary to receive FAPE understand the student’s needs and have the training and skills required to implement the services. A school’s failure to provide the requisite services is likely to result in a denial of FAPE.”
FAPE violations under Section 504 relate to fundamental disability rights. Denial of those rights is considered disability discrimination, which OCR defines as “excluding, denying benefits to, or otherwise discriminating against a student based on their disability, including by denying them equal educational opportunity in the most integrated setting appropriate to their needs.”
Federal framework for student rights
Families can empower themselves to understand these rights and resources and advocate for their students by learning the federal framework for school-based services:
What is exclusionary discipline?
Any school disciplinary action that takes a student away from their regularly scheduled placement at school is called exclusionary discipline. Out-of-school suspensions, expulsions, and in-school suspensions count. Shortened school days and informal removals—like when the school calls parents to have a child taken home for their behavior—are forms of exclusionary discipline unless there is a school-and-family meeting in which an alternate placement or schedule is chosen to best meet the needs of the student.
If such a meeting does take place, the school and family team are responsible to make decisions about program and placement that are individualized. Schools may not unilaterally decide, for example, that all students with certain behavioral characteristics should attend a specific school or program. According to OCR, “A school district would violate Section 504 if it had a one-size-fits-all policy that required students with a particular disability to attend a separate class, program, or school regardless of educational needs.”
Seclusion and restraint may not be used as punishment
Seclusion (also called isolation) and/or restraint are emergency responses when there is severe and imminent danger. Federal guidance emphasizes that these practices may never be used as punishment or discipline:
“OSEP is not aware of any evidence-based support for the view that the use of restraint or seclusion is an effective strategy in modifying a child’s behaviors that are related to their disability. The Department’s longstanding position is that every effort should be made to prevent the need for the use of restraint or seclusion and that behavioral interventions must be consistent with the child’s rights to be treated with dignity and to be free from abuse.”
More information about isolation and restraint is included later in this article.
Exclusionary discipline may violate FAPE, including for students not yet receiving services
A student with an identified disability may be suspended for a behavioral violation that is outlined in district policy. The student “code of conduct” usually explains what it takes to get into trouble.
Schools are limited in their ability to exclude students from school because of behaviors that “manifest” (arise or express) from disability. Federal and state guidance is for schools to suspend students only if there are significant safety concerns.
If a student with disabilities has unmet needs and is consistently sent home instead of helped, the school may be held accountable for not serving the needs. According to OCR, disability discrimination can include instances when there is reasonable suspicion that a disability condition is impacting behavior, but the student is not properly evaluated to see if they are eligible for services and what services they may need.
The right to evaluation is protected by Child Find, which is an aspect of the IDEA, as well as Section 504 of the Rehabilitation Act of 1973. OCR guidance includes information that schools may need to train or hire experts to meet federal requirements: “To ensure effective implementation of its evaluation procedures, a school may need to provide training to school personnel on when a student’s behaviors, or other factors, indicate the need for an evaluation under Section 504.”
A student with a disability that impacts their learning is entitled to FAPE. Again, FAPE stands for Free Appropriate Public Education. FAPE is protected by Section 504 and by IDEA. FAPE is what a student with disabilities is entitled to receive and what schools are responsible to provide.
OCR provides these places to look for data demonstrating a need to evaluate and determine whether a student is entitled to the rights and protections of FAPE:
Schools are required to take assertive action to evaluate a student and/or reconsider the services plan if the student is consistently missing school because of their behavior. OCR guidance clearly states that schools cannot use resource shortages as a reason to deny or delay an evaluation:
“OCR would likely find it unreasonable for a district to delay a student’s evaluation because it does not have sufficient personnel trained to perform the needed assessments and fails to secure private evaluators to meet the need. In addition, the fact that a student is doing well academically does not justify the school denying or delaying an evaluation when the district has reason to believe the student has a disability, including if the student has disability-based behavior resulting in removal from class or other discipline (e.g., afterschool detentions).”
Parents can request an evaluation any time
OCR’s guidance states that parents can request an evaluation at public expense any time. “Section 504 does not limit the number of evaluations a student may reasonably request or receive. The student’s parent or guardian is entitled to notice of the school’s decision and may challenge a denial of their request under Section 504’s procedural safeguards.”
Despite a parent’s right to request an evaluation, the school is responsible to evaluate a child if there is reason to believe a disability is disrupting education: “While parents or guardians may request an evaluation, and schools must respond to any such requests, the responsibility to timely identify students who may need an evaluation remains with the school.”
Procedural Safeguards include detail about the evaluation process and the right to an Independent Educational Evaluation (IEE) if the district’s evaluation is incomplete or if parents disagree with its conclusions or recommendations.
Manifestation Determination
Schools are required to document missed educational time and meet with family to review the student’s circumstances. These requirements are related to the provision of FAPE (Free Appropriate Public Education) for students with disabilities. If the time a student with disabilities is removed from their academic placement for discipline adds up to 10 days, the school is required to host a specific meeting called a Manifestation Determination.
OCR guidance states that discussion about what happened and what to do next must be made by a team of people knowledgeable about the student’s needs and disability: “If a single person, such as a principal who is in charge of the school’s general disciplinary process for all students, alone determined whether a student’s behavior was based on the student’s disability, such a unilateral decision would not comply with Section 504.”
The Manifestation Determination requirement includes informal or “off book” removals from school. For example, if the school calls and directs parents to take a child home because of behavior, that missed educational time counts toward the 10 days. Parents can request paperwork to document the missed time to ensure compliance with this requirement. OCR guidance includes this statement:
“OCR is aware that some schools informally exclude students, or impose unreasonable conditions or limitations on a student’s continued school participation, as a result of a student’s disability-based behaviors in many ways, such as:
“Depending on the facts and circumstances, OCR could find that one or more of these practices violate Section 504.”
Under Section 504, schools are bound to consider disability-related factors through Manifestation Determination if the disciplinary removal is for more than 10 consecutive school days or when the child is subjected to a series of removals that constitute a pattern. For state-specific information, OSPI provides a guidance form for Section 504 circumstances.
For a student with an IEP, removal from regularly scheduled classes for more than 10 days per school year may constitute a “change of placement” if there is a pattern to the removals and the behaviors are similar in nature (WAC 392-172A-05155). In those situations, a Manifestation Determination meeting is held to determine whether the disciplinary removals resulted from the school’s failure to implement the IEP. OSPI provides a guidance form for IEP circumstances.
Note that Manifestation Determination is a distinct process for students with known or suspected disabilities and is separate from general education disciplinary hearings or procedures. Under federal requirements (IDEA Sec. 300.530 (e)), the behavior must be determined to manifest from disability if the IEP Team determine that the behavior was:
A behavior support plan is best practice
During a Manifestation Determination meeting, a student’s circumstances and services are reviewed. An IEP can be amended to provide additional support and a Functional Behavioral Assessment is planned to gather information for a Behavior Intervention Plan (BIP). If the student has a BIP that isn’t working, the plan can be changed. See PAVE’s video: Behavior and School: How to Participate in the FBA/BIP Process.
For students without IEP services, a Manifestation Determination meeting can initiate or expedite an educational evaluation in addition to an FBA. If the school district knew or should have known that the student needed special education services and did not initiate an evaluation, Child Find violations may apply.
Family members are included in this process. According to WAC 392-172A-05146, “If the school district, the parent, and relevant members of the student’s IEP team determine the conduct was a manifestation of the student’s disability, the school district must take immediate steps to remedy those deficiencies.”
If the conduct is determined to be unrelated to disability, then school personnel may use general education discipline procedures. The school must still provide any special education services that the student has already been found to need. The IEP team decides the appropriate alternative setting and special education services to meet the student’s needs while suspended.
A shortened school day may be a suspension
If the school reduces a student’s schedule because of difficult-to-manage behaviors, the change could be considered a suspension and the missed educational time could count toward a Manifestation Determination process. OSPI provides this information in a Technical Assistance Paper (TAP #2):
“A decision to shorten a student’s school day in response to a behavioral violation would constitute a suspension under general state discipline regulations (WAC 392-400-025).
“District authorities should not use a shortened school day as an automatic response to students with challenging behaviors at school or use a shortened day as a form of punishment or as a substitute for a BIP [Behavior Intervention Plan]. An IEP team should consider developing an IEP that includes a BIP describing the use of positive behavioral interventions, supports, and strategies reasonably calculated to address the student’s behavioral needs and enable the student to participate in the full school day.”
OSEP’s federal guidance explains that a shortened school day is a disciplinary removal unless the IEP team has explored all options to serve the student with a full day and agreed that a shortened day is the only adequate option so the student can benefit from their Free Appropriate Public Education (FAPE):
“[The] practice of shortening a child’s school day as a disciplinary measure could be considered a denial of FAPE if the child’s IEP Team does not also consider other options such as additional or different services and supports that could enable a child to remain in school for the full school day.”
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: “Section 504 requires reevaluations on a periodic basis, in addition to a subsequent evaluation before any significant change in placement.”
A school’s decision to keep a student out of school is separate from a student or family decision for the student to stay home to care for their mental health. In 2022, the Washington Legislature passed HB 1834, which establishes a student absence from school for mental health reasons as an excused absence.
Alternative learning options for longer suspensions
If a student’s behavioral violation includes weapons or illegal substances, or causes severe injury, the school can remove the student from their placement for longer than 10 days, regardless of their disability. Those situations are referred to as “Special Circumstances.”
Some Section 504 protections do not apply when a school disciplines a student with a disability because of current drug or alcohol use. According to OCR, “Schools may discipline a student with a disability who is currently engaging in the illegal use of drugs or the use of alcohol to the same extent that the school disciplines students without disabilities for this conduct.”
OCR goes on to say that Section 504 protections apply to students who:
Under Special Circumstances, a student might shift into an Interim Alternative Educational Setting (IAES) for up to 45 school days, regardless of whether the violation was caused by disability related behaviors. The following information from federal law uses a couple of acronyms not previously defined in this article:
Under federal law (34 C.F.R. § 300.530(g)):
School personnel may consider removing a child with a disability from their current placement and placing them in an IAES for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child’s disability if the child:
The temporary setting (IAES) is chosen by the IEP team and must support the student’s ongoing participation in the general education curriculum as well as progress toward IEP goals. As appropriate, the student’s behavior is assessed through the Functional Behavioral Assessment (FBA—see below) while they are learning in the alternate setting, so a behavior plan is in place to prevent future problems when the student returns to their regular schedule and classes.
If the school pursues a threat/risk assessment, they are required to safeguard a student’s right to be treated in non-discriminatory ways. According to OCR, “Schools can do so by ensuring that school personnel who are involved in screening for and conducting threat or risk assessments for a student with a disability are aware that the student has a disability and are sufficiently knowledgeable about the school’s FAPE responsibilities so that they can coordinate with the student’s Section 504 [or IEP] team….
“For example, the Section 504 [or IEP] team can provide valuable information about: the nature of the student’s disability-based behaviors and common triggers; whether the student has been receiving behavioral supports, and, if so, the effectiveness of those supports; and specific supports and services that may be able to mitigate or eliminate the risk of harm without requiring exclusion from school.”
Schools are required to support behavior and work with families
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, among other examples: regular group or individual counseling sessions, school social worker services, school-based mental health services, physical activity, and opportunities for the student to leave class on a scheduled or unscheduled basis to visit a counselor or behavioral coach when they need time and space to ‘cool down’ or self-regulate.”
Regardless of whether the student has previously qualified for services, best practice is for the school to conduct a Functional Behavioral Assessment (FBA) following a significant disciplinary action. The FBA is used to develop a Behavior Intervention Plan (BIP), which helps a child learn expected behaviors and prevent escalations. The BIP identifies target behaviors that disrupt learning and calls out “antecedents,” conditions or events that occur first—before the targeted behavior. A BIP supports “replacement” behavior so a student can develop skills for expected learning behaviors.
Schools are guided by the state to use best practices when evaluating and serving students with special needs. OSPI’s website is k12.wa.us. A page called Model Forms for Services to Students in Special Education has links to downloadable forms schools use to develop IEPs, Section 504 Plans, and more.
Here are links to OSPI’s model forms for:
When a student’s behaviors aren’t working, there’s an opportunity for learning
In addition to a BIP, a student receiving special education services whose behavior impedes their learning may need Specially Designed Instruction (SDI) to support skill-development in an area of education called Social Emotional Learning (SEL). If targeted SEL instruction is needed, the student will have specific IEP goals to support the learning.
Another way that an IEP can support students with behavioral disabilities is through related services. Counseling and other behavioral health supports can be written into an IEP as related services. When included in a student’s IEP as educationally necessary for FAPE, a school district is responsible to provide and fund those services. If they participate in the state’s School-Based Health Services (SBHS) program, school districts can receive reimbursement for 70 percent of the cost of behavioral health services for students who are covered by Medicaid and on an IEP.
All students access behavioral supports when schools use Multi-Tiered Systems of Support (MTSS). Families can ask school staff to describe their MTSS structure and how students receive support through Tier 1 (all students), Tier 2 (targeted groups), and Tier 3 (individualized support). An element of MTSS is Positive Behavioral Interventions and Supports (PBIS), which also supports students across levels of need.
Keep in mind that participation in MTSS does not replace a school’s responsibility to evaluate a student with a known or suspected disability that is impacting their access to education.
PAVE provides resources to support families and schools:
Washington is a local control state
As a local control state, individual school districts determine their specific policies related to disciplinary criteria and actions. According to OSPI, school districts are required to engage with community members and families when updating their discipline policies, which must align with state and federal regulations.
When a student is suspended, the school is required to submit a report to the family and the state. That report must include an explanation of how school staff attempted to de-escalate a situation before resorting to disciplinary removal. OSPI provides information for schools and families related to state guidance and requirements. A one-page introductory handout for parents is a place to begin.
In general, Washington rules:
Schools must provide educational services during a suspension
State law requires that all suspended and expelled students have an opportunity to receive educational services (RCW 28A.600.015). According to the Washington Administrative Codes (WAC 392-400-610) educational services provided in an alternative setting must enable the student to:
Guidance related to isolation and restraint
The state has specific rules related to the use of isolation (sometimes called seclusion) and restraint, which are implemented only when a student’s behavior poses an imminent likelihood of serious bodily harm and are discontinued when the likelihood of serious harm has passed. Isolation and restraint are not used as a form of standard discipline or aversive intervention.
In simpler words, isolation and restraint are an emergency action for safety and cannot be used to punish a student. The isolation or restraint ends the moment the safety threat has passed, not after everything is all better.
The Washington State Governor’s Office of the Education Ombuds (OEO) offers an online resource page that details state guidance related to isolation and restraint. Included is this statement:
“Schools in Washington State are not allowed to use restraint or isolation as a form of discipline or punishment, or as a way to try to correct a child’s behavior. Restraint and isolation are only allowed as emergency measures, to be used if necessary, to keep a student or others safe from serious harm. They can continue only as long as the emergency continues.”
School districts are required to collect and report data on the use of restraint and isolation. That data is posted on OSPI’s website as part of the School Safety Resource Library.
Emergency Response Protocol (ERP)
If emergency responses and/or severe disciplinary actions become frequent, schools might ask the parent/guardian to sign an Emergency Response Protocol (ERP) for an individual student. Families are not required to sign this.
The ERP explains what the school’s policies are related to isolation and restraint and what the training requirements are for staff authorized to conduct isolation and restraint. Parents can request a copy of the district’s general education policies on this topic. The ERP can include a statement about how parents are contacted if the school uses isolation or restraint.
Reporting requirements for disciplinary removal
Schools are required to provide a report to the parent/guardian and to the state any time disciplinary or emergency actions are taken.
The Washington Administrative Code (WAC 392-400-455) describes what is required in a notice to students and parents when a student is suspended or expelled from school:
Reporting requirements for isolation/restraint
The state has similar reporting requirements when a student is isolated or restrained at school. Following are statements from the Revised Code of Washington (RCW 28A.600.485):
“Any school employee, resource officer, or school security officer who uses isolation or restraint on a student during school-sponsored instruction or activities must inform the building administrator or building administrator’s designee as soon as possible, and within two business days submit a written report of the incident to the district office. The written report must include, at a minimum, the following information:
The RCW also states that school staff “must make a reasonable effort to verbally inform the student’s parent or guardian within 24 hours of the incident and must send written notification as soon as practical but postmarked no later than five business days after the restraint or isolation occurred. If the school or school district customarily provides the parent or guardian with school-related information in a language other than English, the written report under this section must be provided to the parent or guardian in that language.”
Equity work in student discipline is ongoing
A graph that shows disparity in discipline is provided on OSPI’s website, which includes training and materials for schools to support improvements. “Like other states, Washington has experienced significant and persistent disparities in the discipline of students based upon race/ethnicity, disability status, language, sex and other factors,” OSPI’s website states.
“While overall rates of exclusionary discipline (suspension and expulsion) have declined over the last decade, significant disparities persist. These trends warrant serious attention from school districts, as well as OSPI, to work toward equitable opportunities and outcomes for each and every student.”
A Brief Overview:
Full Article
The Procedural Safeguards are a written set of legal protections under the Individuals with Disabilities Education Act (IDEA) designed to ensure that students with special needs receive appropriate education. IDEA, implemented under Washington State law, requires schools to provide the parents/guardians of a student who is eligible for or referred for special education with a notice containing a full explanation of the rights available to them (WAC 392-172A-05015). Understanding these safeguards allows for effective advocacy in a child’s education and ensures their rights are protected throughout the special education process. They do not constitute legal representation or legal advice.
A copy of the procedural safeguards notice is downloadable in multiple languages from the Office of Superintendent of Public Instruction (OSPI). School districts must provide this notice once a year and during key times such as:
In addition to detailing when the procedural safeguards notice must be provided, the procedural safeguards contain information about several key areas, including:
Prior Written Notice
Schools must give prior written notice (PWN) before making any significant decisions about a student’s education, such as changes in identification, evaluation, or placement. This notice must include a detailed explanation of the decision and the reasons behind it. This document is shared after a decision is made and prior to changes in a student’s educational program.
Parental Consent
Schools must get written parental consent (permission) before conducting an initial evaluation or providing special education services for the first time. Parents can withdraw their consent at any time, but this doesn’t undo actions already taken. Once consent is given, the school has 35 school days to complete the evaluation. This consent is only for the evaluation, not for starting services. If the child is a ward of the state, consent might not be needed under certain conditions. When starting special education services under the initial IEP, the school must get consent again, and if refused, they can’t force it through mediation or legal action. Consent is also needed for reevaluations involving new tests, and schools must document their attempts to get it. However, consent isn’t needed to review existing data or give standard tests that all students take.
Independent Educational Evaluation
If a parent disagrees with the school’s evaluation of their child, they can ask for an independent educational evaluation (IEE) that the school district will pay for. The district must give the parent information on where to get an IEE and the rules it must follow. If the district does not agree to the IEE, they have 15 calendar days to either start a file a due process hearing request or agree to pay for the IEE. PAVE provides a downloadable sample Letter to Request an Independent Educational Evaluation.
Confidentiality of Information
Student educational records are confidential. IDEA provides parents and guardians the right to inspect and review their student’s educational records and request amendments if they believe they are inaccurate or misleading. When the child turns 18 years of age, these rights pass from the parent or guardian to the student. The Department of Education provides a website page called Protecting Student Privacy to share resources and technical assistance on topics related to the Family Educational Rights and Privacy Act (FERPA). The procedural safeguards explain terms about educational records from IDEA and FERPA to help parents understand their rights and protections.
Dispute Resolution
IDEA requires that each state education agency provide ways to solve disagreements between parents and schools regarding a student’s Individualized Education Program (IEP). In Washington State, there are both informal and formal options. When parents and school districts are unable to work through disagreements, the procedural safeguards outline the dispute resolution processes available. These options ensure that parents and schools can work towards a mutually agreeable solution while protecting the child’s right to a Free Appropriate Public Education (FAPE). The formal dispute resolution options available through OSPI are mediation, due process hearings, and state complaints.
Disciplinary Protections
When disciplining students eligible for special education, schools must follow specific rules to ensure fair treatment. If a student is removed for more than 10 consecutive school days or shows a pattern of removals totaling over 10 days in a school year, it’s considered a change of placement, and parents must be notified. After 10 days, the school must provide services to help the student continue their education. A manifestation determination must be conducted within 10 days to see if the behavior was related to the student’s disability. If it was, the IEP team must address the behavior and return the student to their original placement unless agreed otherwise. If not, the student can be disciplined like other students but must still receive educational services.
Also, schools must keep providing educational services to students with disabilities even if they are removed from their current school setting for disciplinary reasons. This helps the student keep making progress in their education. Parents and guardians have the right to join meetings about their child’s disciplinary actions and can ask for a due process hearing if they disagree with decisions. These safeguards ensure students with disabilities receive necessary support and fair treatment during disciplinary actions.
In special cases, such as carrying a weapon or using drugs at school, the student can be placed in an alternative setting for up to 45 days regardless of whether the behavior was related to the student’s disability.
Protections for Students Not Yet Eligible for Special Education
The procedural safeguards outline protections for students who have not yet been found eligible for special education but for whom the school should have known needed services. A school is considered to have this knowledge if a parent previously expressed concerns in writing, requested an evaluation, or if staff raised concerns about the student’s behavior to supervisory personnel. However, if the parent refused an evaluation or the child was evaluated and found ineligible, the school is not considered to have knowledge. In these cases, the student may be disciplined like other students, but if an evaluation is requested during this period, it must be expedited. If the student is found eligible, special education services must be provided.
Requirements for Placement in Private Schools
If parents believe the public school cannot provide FAPE and choose to place their child in a private school, there are steps to request reimbursement from the district. If the child previously received special education services, a court or administrative law judge (ALJ) may require the district to reimburse the cost of private school enrollment if it is determined that the district did not timely provide FAPE and that the private placement is appropriate, even if it does not meet state educational standards.
Reimbursement may be reduced or denied if the parent did not inform the IEP team of their rejection of the proposed placement during the most recent IEP meeting, failed to provide written notice to the district at least 10 business days before the removal, or did not make the child available for a district evaluation after prior written notice. However, reimbursement cannot be denied if the district prevented the notice or if the parent was unaware of their responsibility to provide it. The court or ALJ may also choose not to reduce reimbursement if the parents are not able to read or write in English, or if reducing or denying the reimbursement would cause serious emotional harm to the child.
This PAVE article, Navigating Special Education in Private School, explains the rights of students to receive equitable services in private schools, regardless of whether they are placed there by their parents or through an Individualized Education Program (IEP) decision.
Procedural Safeguards under Section 504
The procedural safeguards under Section 504 ensure that parents are informed of their rights before any evaluation or development of a 504 plan begins. These safeguards include the right to request a referral for evaluation, the formation of a 504 team to assess the student’s needs, and the requirement for parental consent before any evaluation or implementation of the plan. Parents must be provided with a copy of their rights at key points in the process. Additionally, the school must review and evaluate the 504 plan annually and re-evaluate the student’s eligibility at least every three years. Parents also have the right to file formal complaints if they believe the school is not following the 504 plan or if their child is experiencing discrimination or harassment. The Section 504 Notice of Parent Rights is available for download in multiple languages from OSPI.
Conclusion
Procedural safeguards are a requirement under the Individuals with Disabilities Education Act (IDEA) that ensure the rights of students with disabilities and their parents are protected throughout the special education process. By outlining the legal protections available, these safeguards empower parents to actively participate in their child’s educational planning and decision-making. Understanding these rights—from prior written notice and parental consent to confidentiality and dispute resolution—allows families to advocate effectively and collaborate with schools. Through adherence to these safeguards, schools and parents can work together to provide a Free Appropriate Public Education (FAPE) tailored to the unique needs of each child.
Additional Resources:
The Individuals with Disabilities Education Act (IDEA) is a federal law that was passed in 1990 and has been amended. The IDEA provides children with qualifying disabilities, from birth to age 21, with the right to services designed to meet their unique, individual needs.
Eligible children ages 3-21 who receive services at school have a right to FAPE: Free Appropriate Public Education. In accordance with the IDEA, FAPE is provided when individualized services enable a student with a disability to make progress that is appropriate, in light of their circumstances.
Services are delivered through an Individualized Education Program (IEP). A non-discriminatory evaluation and family participation on an IEP team are aspects of FAPE. Families have dispute resolution options that are described in the Procedural Safeguards.
IDEA requires FAPE to be provided in the Least Restrictive Environment to the maximum extent possible, which creates a responsibility for schools to serve students in the general education environment, with appropriately inclusive access to grade-level learning, whenever possible. Access to general education might be provided through an adapted curriculum, additional adult support, assistive technology, or something else. PAVE provides more information about Washington State’s work to improve inclusive practices.
Many of these concepts were part of IDEA’s predecessor law, the Education for All Handicapped Children Act, passed in 1975. That was the first United States law that required schools to provide special education services to all children with eligible disabilities. PAVE provides an article and infographic about disability rights history. The IDEA’s primary features are further detailed later in this article.
The IDEA drives how states design their own special education policies and procedures. Title 34, Part 104 is the non-discrimination federal statute under the Office for Civil Rights Department of Education. In Washington State, rules for the provision of special education are in Chapter 392-172A of the Washington Administrative Code (WAC).
Families often ask: What does the school have to provide? The answer to that question is FAPE. The school district is responsible to make sure a student with an eligible disability condition is receiving FAPE.
As part of their right to FAPE, a student eligible for an IEP has the right to an individualized services program that ensures their education is appropriate, equitable, and accessible. All of those terms are part of FAPE. Figuring out how to provide FAPE is the work of an IEP team, and part of FAPE is ensuring that family is part of the decision-making team.
FAPE must ensure that the student finds meaningful success, in light of their circumstances. Trivial progress on IEP goals or the same goals year after year does not meet the federal standard for FAPE. A lawsuit referred to as Endrew F was settled by the 2017 U.S. Supreme Court and included specific requirements for meaningful progress and parent participation.
If a neighborhood school cannot provide the services and programming to guarantee FAPE within the general education classroom, then the school district is responsible to work through the IEP process to design an individualized program and placement that does meet the student’s needs. Keep in mind that Special Education is a Service, Not a Place: see PAVE’s article with that statement as its title.
IDEA includes Parts A, B and C. The right of a child with disabilities to receive an education that prepares that child for adult life is stated in Part A:
“Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society…
“Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.”
Part B of the IDEA covers children ages 3 through 21—or until graduation from high school. Students who receive services through an Individualized Education Program (IEP) are covered under Part B.
Part C protects infants and toddlers, aged 0 (birth) to 3 years old, who need family support for early learning. The disability category of developmental delay overlaps early learning and IEP and can qualify a child for free, family-focused services to age 3 and school-based services through age 9. PAVE provides downloadable toolkits specifically designed for parents and families of young children:
Part D outlines grants and funding for programs that help students with disabilities get a better education, including:
Click to print the explanation of IDEA
To qualify for an IEP, a student meets criteria in one of the 14 eligibility categories defined in WAC 392-172A-01035. The disability must have a negative impact on learning. Not every student who has a disability and receives an evaluation will qualify for an IEP. Following procedures described by the IDEA, school districts evaluate students to consider 3 key questions:
When each answer is yes, a student qualifies for services. In each area of identified need, Specially Designed Instruction (SDI) is recommended to help the student overcome the impact of the disability to access FAPE. Progress in that area of learning is tracked through goal-setting and progress monitoring.
PAVE provides training on a variety of topics, including live and on-demand, in person and online. Register for an upcoming training on the PAVE calendar.
A Brief Overview:
Full Article
The Individuals with Disabilities Education Act (IDEA) requires that each state education agency provide ways to solve disagreements between parents and schools regarding a student’s Individualized Education Program (IEP). These options ensure that parents and schools can work towards a mutually agreeable solution while protecting the child’s right to a Free Appropriate Public Education (FAPE). The Office of Superintendent of Public Instruction (OSPI) offers both informal and formal dispute resolution processes.
These dispute resolution options provide structured processes for addressing and resolving disagreements, ensuring that the rights of students with special needs are upheld and that they receive the education and services to which they are entitled.
Informal Dispute Resolution
IEP facilitation is a voluntary and informal process where parents and school districts can address their special education concerns with the assistance of a trained, neutral facilitator. This process allows both parties to resolve issues collaboratively without the formality of mediation, and it is provided at no cost. OSPI contracts with Sound Options Group to offer free facilitation services from facilitators skilled in conflict resolution to help clarify disputes, set agendas, and work towards mutually agreeable solutions. Participation in facilitation is entirely optional for both families and districts.
The IEP facilitation process starts when either a family or a school district contacts the Sound Options Group to request help. A parent can request facilitation by contacting Sound Options Group directly by phone at 800-692-2540 or 206-842-2298 (Seattle) to request a mediation session. For Washington State relay service, dial 800-833-6388 (TDD) or 800-833-6384 (voice). Sound Options Group gathers initial information about the student and the needs of both parties, confirming that both the family and district agree to proceed with a facilitated IEP meeting. Once the IEP team sets a date for the 3–4-hour meeting, the facilitator is assigned. The facilitator helps everyone prepare by sharing documents, setting a mutually agreeable agenda, confirming the meeting details, and preparing both parties for the meeting. After the facilitated IEP meeting, a case worker from Sound Options Group and the facilitator review the session and decide if another meeting is needed. A successful facilitated IEP meeting will result in the development of an IEP that is tailored to meet the unique needs of the student.
Another option for informal dispute resolution is Washington State Governor’s Office of the Education Ombuds (OEO), which helps parents and schools resolve disagreements about special education services. Acting as a neutral and independent guide, the OEO helps parents and educators understand special education regulations, facilitates problem-solving, and advises on communication strategies to support a team approach to a student’s education. The OEO does not provide legal advice, act as an attorney, conduct investigations, or advocate for any party. OEO can be contacted through their online intake form or by phone (1-866-297-2597) with language interpretation available.
Formal Dispute Resolution
When informal methods are unsuccessful, families and schools can turn to formal dispute resolution processes outlined in the procedural safeguards and available through the special education system. A copy of the procedural safeguards notice for Washington is downloadable in multiple languages from the Office of Superintendent of Public Instruction (OSPI).
In Washington state, the formal dispute resolution options are:
1. Mediation
Mediation is a voluntary process provided at no cost to parents and schools. It is designed to resolve disputes related to the identification, evaluation, educational placement, and provision of FAPE. Both parties must agree to participate in mediation. Mediators are trained, impartial individuals knowledgeable about special education laws. OSPI contracts with Sound Options Group to provide trained, neutral mediators to facilitate effective communication and problem-solving between parents and school districts. This brochure, Mediation in Special Education, outlines the services provided by Sound Options Group. Discussions during mediation are confidential and cannot be used in due process hearings or civil proceedings. If an agreement is reached, it must be documented in writing and is legally binding. Parents can contact Sound Options Group directly to request mediation.
2. Special Education Complaint
Any individual or organization can file a special education complaint if they believe a school district or public agency has violated Part B of the Individuals with Disabilities Education Act (IDEA). Complaints must be filed within one year of the alleged violation. OSPI investigates the complaint, gathering information from both the parent or guardian and the school district. OSPI then issues a written decision addressing the complaint and any corrective actions required within 60 days of receiving the complaint. PAVE has developed this training video, Procedural Safeguards: How to File a Special Education Complaint, that walks through OSPI’s community complaint form with a pretend scenario.
3. Due Process Hearing
A due process hearing is a formal meeting to resolve disputes about a child’s identification, evaluation, placement, or FAPE. Either parents or the school district can request this hearing, but they must do so within two years of the issue, unless there was misrepresentation or withheld information. The request for a due process hearing must be in writing, signed, and include:
The original request must be provided to the other party – the parent or guardian must send it to the superintendent of the student’s school district, and the school district must provide the original to the parent or the guardian of the student. In addition, a copy of the request must be sent to the Office of Administrative Hearings by mail (PO Box 42489, Olympia, WA 98504-2489), fax (206-587-5135), or email (oah.ospi@oah.wa.gov). The party asking for a due process hearing must have proof that they gave their request to the other party.
Before the hearing, the school district must meet with the parents and relevant IEP team members within 15 days to try to resolve the issue at a resolution session. OSPI provides a direct to download form, Information and Forms on Resolution Sessions. During the hearing, both sides present evidence and witnesses. Parents have the right to bring a lawyer, present evidence, and question witnesses. An administrative law judge (ALJ) makes a decision, which can be appealed in state or federal court. The decision is final unless it is appealed and the decision is overturned. If an agreement is reached before the hearing, it must be written down in a settlement agreement.
For disputes about disciplinary actions that change a student’s placement, expedited due process hearings are available. These hearings happen faster than regular ones to resolve urgent issues quickly.
Dispute Resolution Outside of Special Education
If parents disagree with the decision made in a due process hearing, they have the right to file a civil lawsuit in state or federal court. This must be done within a specific time period, often 90 days, after the due process hearing decision. The court will review the administrative record, hear additional evidence if necessary, and make a ruling (decision) in the case. The civil lawsuit is not a part of the special education dispute resolution process and there are additional costs associated. Please note that PAVE is not a legal services agency and cannot provide legal advice or representation. Washington State Office of Administrative Hearings has compiled this Legal Assistance List for Special Education Due Process Disputes.
If parents win a due process hearing or lawsuit, the school district might have to pay their attorneys’ fees. But if the court decides the complaint was frivolous or filed for the wrong reasons, parents might have to pay the school district’s attorneys’ fees.
Additional Considerations
If a child hasn’t been identified as needing special education but parents think they should be, there are protections if the child faces disciplinary actions. If the school knew the child might need special education services before the behavior happened, they must follow special education disciplinary procedures.
Every school district has a process for filing a formal complaint related to harassment, intimidation and bullying (HIB). PAVE has compiled information and resources to address bullying in this article, Bullying at School: Resources and the Rights of Students with Special Needs.
Complaint Processes Related to Discrimination
OSPI’s Complaints and Concerns About Discrimination page states, “Each student must have equal access to public education without discrimination.” This page contains Discrimination Dispute Resolution Information Sheets that contain definitions of key terms, information about the role of district Civil Rights Compliance Coordinators, and instructions and requirements for filing different types of complaints, available for download in different languages. Anyone can file a complaint about discrimination involving students with disabilities in a Washington public school, which is prohibited by Washington law (RCW 28A.642.010). Formal discrimination complaints must be written, and the complaint must contain:
The formal discrimination complaint must be hand carried, mailed, faxed, or emailed to district superintendent, administrator of the charter school, or Civil Rights Coordinator. When a school district or charter school receives a complaint, it must investigate and respond within 30 days, unless an extension is agreed upon. The civil rights coordinator provides the complaint procedure and ensures a thorough investigation. If exceptional circumstances require more time, the school must notify the complainant in writing. The school can also resolve the complaint immediately if both parties agree. After the investigation, the school must respond in writing, summarizing the results, stating whether they complied with civil rights law, explaining appeal options, and detailing any corrective measures, which must be implemented within 30 days unless otherwise agreed.
Students with disabilities in public schools are also protected against discrimination by federal laws, including Section 504 of the Rehabilitation Act of 1973 and IDEA. The U.S. Department of Education’s Office for Civil Rights (OCR) accept complaints with overlapping civil rights concerns, such as racism and disability discrimination. An OCR complaint must be filed within 180 calendar days of the alleged discrimination. If the school district’s dispute resolution process is already handling the case through a means like what OCR would provide, OCR will not take on the case. Once the school district’s process is completed, individuals have 60 days to file their complaint with OCR, which will then decide whether to accept the result from the other process. OCR provides step-by-step instructions for filing a discrimination complaint.
Some families are anxious about questioning actions taken by the school. Parents have protections under the law. The Office for Civil Rights maintains specific guidelines that prohibit retaliation against people who assert their rights through a complaint process.
Additional Resources:
New parents have a lot to manage. Concern about whether a child’s growth and development are on track can be confusing. This toolkit provides places to begin if caregivers suspect that a baby or young child may need services due to a developmental delay or disability.
Presenting our newest resource – the 3-5 Transition Toolkit – A guide to Washington services for 3-5 year olds with disabilities. This toolkit encompasses a collection of our informative articles, complemented by sample letters to provide you with a solid foundation as you navigate through this crucial transition period.
Toolkit now available in Russian, Vietnamese and Spanish!
A user – friendly toolkit for families, Each section is detailed below:
