Tag: learning

Infant Early Childhood Mental Health

Posted on by Nicol Walsh

A Brief Overview

  • Infant and Early Childhood Mental Health (IECMH) is a term that describes how young children develop socially and emotionally. They learn about their emotions form close and secure relationships with their caregivers and family members. They learn and explore the environment – all in the context of family, community, and culture.
  • Families concerned about a child’s development can call the Family Health Hotline at 1-800-322-2588, with support in multiple languages. Parents can complete a developmental screening online for free at Parent Help 123.
  • PAVE provides an article for next steps after age 3: What’s Next when Early Childhood Services End at Age 3? Another PAVE article for families new to special education: Steps to Read, Understand, and Develop an Initial IEP.
  • PAVE’s Parent Training and Information (PTI) staff help families understand and navigate service systems for children 0-26. Click Get Help on the PAVE website or call 800-572-7368.
  • Early Support for Infants and Toddlers (ESIT) helps young children with disabilities or delays to learn and supports their unique development.

Full Article

New parents may struggle to know whether their child’s emotional development is on track. They may have a feeling that a milestone is missed, or they may observe siblings or the emotional well-being of other children and notice their child is developing differently. Sometimes a parent just needs reassurance. Other times, a child may have a developmental delay or a disability. In those cases, early support, including Infant Early Childhood Mental Health (IECMH) can be critical to a child’s lifelong learning and development.

IECMH is a term that describes how very young children develop socially and emotionally. They form relationships with other people. They learn about their emotions and how to control them. This happens in the settings of their family, community, and culture. (Zero to Three, Basics of Early Childhood Mental Health, 2017).

According to Best Starts for Kids, relationships are at the heart of human development and thriving for infants, toddlers, and young children. Relationships with parents and caregivers give very young children the social and emotional foundations they need to learn and thrive.

The Washington Health Care Authority reports around 1 in 6 young children has a diagnosed mental, behavioral, or developmental condition (Cree et al., 2018). These conditions may be treated with infant early childhood mental health (IECMH) services.

Services work to improve the quality of the child’s relationship with parents or caregivers. They can:

  • Help the distress of the mental health concern.
  • Support the return to healthy development and behavior.

When families receive Early Support for Infants and Toddlers (ESIT) services for a child, the child is tested as part of an Individualized Family Service Plan (IFSP).

The evaluation looks at the child’s ability to:

  • Identify and understand their own feelings;
  • Accurately notice and understand other people’s emotional states.
  • Manage strong emotions in a positive way.
  • Control their behavior.
  • Develop empathy (understand how people feel based on the child’s own experience)
  • Make and support relationships.

The evaluation may show the child is not developing well in some of these areas.  IECMH services may help.

Some examples of Infant and Early Childhood Mental Health services include:

  • Early Childhood Mental Health Consultation
  • Parent training
  • Childcare provider training
  • Group training
  • Parent Behavioral Therapy
  • Cognitive Behavioral Therapy
  • Infant/Child – Parent Psychotherapy
  • Play therapy

If you are concerned about a child’s development:

  • To learn about typical development, read the birth-to-6 pre-screening chart in English or Spanish
  • Please Ask is a three-minute video that shows the importance of referring infants and toddlers for early intervention. ESIT is a part if the Department of Children, Youth and Families
  • Families can call the ESIT local lead agency: Local Lead Agencies by County
  • Family Health Hotline: 1-800-322-2588. This statewide, toll-free number offers help in English, Spanish, and other languages.
  • Early Learning Transition: When Birth-3 Services End

More Resources:

Prior Written Notice (PWN): An Important Document to Read and Understand  

Posted on by Nicol Walsh

A Brief Overview

  • Prior Written Notice (PWN) is a document that explains school district decisions about a student’s Individualized Education Program (IEP).  
  • Family members can request changes to the PWN if their concerns or positions are inaccurately described or left out of the PWN.
  • If a family caregiver files a special education complaint, the PWN may be among documents reviewed in an investigation.
  • PWN must be provided in the family’s native language.

Full Article

When family members and school staff meet to discuss a student’s services, certain things have to happen. One requirement is for the school to take notes and share those notes with the family within a reasonable amount of time (usually a few days) after the meeting. Those notes are formatted as a Prior Written Notice (PWN). This document is shared after a decision is made and prior to changes in a student’s program.

For example, if the IEP team meets and decides to change a student’s placement (where educational services are delivered), that decision is written down on the PWN. The PWN includes information about how the team made its decision and when the student will start receiving services in the new placement.

Parents can ask for their positions and reasons to be included in the PWN

During a meeting, family members can specifically ask for their position to be noted in the PWN. For example, if a school district staff member recommends changing a service and the parent does not agree to that change, the parent can say, “Please include in the Prior Written Notice that I do not agree to this change in service.” Family members can make sure their reasoning is included along with their position.

Family members also can request changes to the PWN after a meeting if they disagree with the wording or if their concerns or positions are left out. They might also provide something in writing and ask for it to be attached to the PWN for the record.

If the school takes an action that the family continues to disagree with, the family member might use a PWN among documents filed with a formal complaint. The PWN shows how disagreements were managed and documented through the IEP meeting process and whether family participation in decision-making was honored.

Washington State’s educational agency is the Office of Superintendent of Public Instruction (OSPI). On its website, OSPI guides families in what to expect in the PWN. According to OSPI, “The Prior Written Notice should document any disagreements with you and should clearly describe the reasons for this disagreement.”

PWN is an aspect of federal special education law, the Individuals with Disabilities Education Act (IDEA Sec.300.503(b)).

In accordance with IDEA, a PWN must include:

  • A description of the action proposed or refused by the school
  • An explanation of why the school proposes or refuses to take the action
  • A description of each evaluation procedure, assessment, record, or report the school used as a basis for their decision
  • A statement that the parents of a child with a disability have protection under the procedural safeguards and how the parents can obtain a copy of them
  • Sources for parents to contact to obtain assistance in understanding these provisions
  • A description of other options that the IEP Team considered and the reasons why those options were rejected
  • A description of other factors relevant to the school’s proposal or refusal

The school is required to provide PWN to the family when:

  • The school plans to evaluate your child
  • You’ve asked for your child to be evaluated and the school denies your request
  • The school wants to begin or change your child’s identification as a “child with a disability”
  • The school proposes or refuses a particular educational placement for your child
  • The school wants to change your child’s educational placement
  • The school wants to change aspects of the special education or related services that your child is receiving
  • The school refuses a request from you, as parents, with respect to the educational services your child is receiving

Like all formal educational documents, PWN must be provided in the family’s native language.

For more information about PWN and other special education requirements, refer to the Procedural Safeguards, available for download in multiple languages from OSPI’s website.

Advocacy Tips for Parents

Posted on by Nicol Walsh

When a child has a disability, parents often learn that getting their child’s needs met requires persistence, organization, and advocacy. Advocacy is an action. A person is an advocate when they organize the work and press onward until a goal is achieved. Laws that protect the rights of students with disabilities also protect parents as legal advocates for their children.

This article includes tips for parent advocates working with the school. For more about parent rights, read PAVE’s article, Parent Participation in Special Education Process is a Priority Under Federal Law.

Before a meeting…

  • Invite someone to attend with you. A friend or family member can help you take notes, ask questions, and keep track of your agenda.
  • Make sure you understand the purpose of the meeting. Is it to talk about an evaluation, review the Individualized Education Program (IEP), write a Section 504 Plan, consider a behavior support plan, discuss placement, or something else? If you want a certain outcome, make sure it’s within the scope of the meeting. If not, you may need more than one meeting.
  • Make sure you know who will be at your meeting. An IEP team has required attendees. PAVE provides more detail about IEP team requirements in an article that includes a Sample Letter to Request an IEP Meeting.
  • Consider anyone else you want to attend. Parents have the right to invite vocational specialists, related service providers, behavioral health providers, peer support specialists—anyone with knowledge of the student and their needs.
  • Get copies of important documents (evaluation, IEP, 504 Plan, behavior plan, etc.). Read them carefully so you can use these documents to organize your concerns and questions. Keep in mind that a services program/plan is a draft until after you meet.
  • If the school doesn’t provide documents with enough time for you to prepare, consider rescheduling.
  • Mark up a Draft IEP with your suggestions and questions:
    • Read the educational impact statement carefully. Consider if it accurately summarizes your student’s strengths and needs. If not, makes notes about what you want to add or change.
    • Note any changes you want under Medical/Physical or Parent Concerns.
    • If a goal is too hard or too easy, make a note to ask about adjusting it.
    • If a goal is written with jargon and impossible to understand, ask for an explanation and maybe a rewrite
    • Prepare to ask how teachers are using Specially Designed Instruction (SDI) to help your student reach IEP goals.
    • Read the services table, sometimes referred to as a “services grid” or “services matrix” to understand how often and where your student is being served.
    • Consider any questions you have about placement or access to general education settings. If you believe your student could be successful in general education for more of their day, consider what supports would make that possible.
    • Write down any questions about how the classroom or curriculum are adapted to be accessible. You might ask if the teachers are using Universal Design for Learning (UDL) strategies to support multiple types of learners.
    • Write down your questions about progress and how it’s being tracked.
  • For an IEP or 504 Plan, read the accommodations carefully and make notes to ensure they are individualized and implemented to truly support your student.
  • Highlight anything in the behavior plan that sounds like bias or prejudice and consider how it might be rewritten. PAVE provides examples in a video training about development of a Behavior Intervention Plan.
  • To help you organize your questions and concerns, PAVE provides: Get Ready for Your Meeting with a Handout for the Team.
  • Learn about student and family rights and practice the vocabulary that empowers your advocacy. PAVE provides a three-part video training to help: Student Rights, IEP, Section 504 and More.

At your meeting…

  • Do your best to arrive on time to make sure there is time to address concerns. If you notice there may not be enough time to do this, request to schedule another meeting.
  • Make sure the meeting begins with introductions and that you know everyone’s job and what role they serve on the IEP team. If it’s important to you, when you introduce yourself you can ask team members to use your name instead of mom, dad, gramma, or something else other than your name when they refer to you.
  • Ask school staff to explain acronyms or jargon while they are talking because you want to understand what everyone says.
  • If an IEP team member is absent (WAC 392-172A-03095), parents must sign consent for the absence. If someone is missing and you don’t think it’s appropriate to continue, ask to reschedule. If key members need to leave before the meeting is over, consider ending the meeting and schedule an alternative day/time.
  • Keep focus on your student’s needs. Here are a few positive sentence starters: I expect, I understand, My child needs….
  • If you notice the conversation steering into past grievances, the district’s lack of funds, or what “all the other children” are doing, bring focus back to your child and their current needs. Try stating, “I want to focus on [name].”
  • Use facts and information to back up your positions and avoid letting emotion take over. Ask for a break if you need time for some regulated breathing or to review documents or notes.
  • Notice other team members’ contributions that support your child’s needs. Here are a few phrases to consider:
    • “I think what you said is a good idea. I also think it could help to…”
    • “I think you are right, and I would like to add…”
    • “I hear what you are saying, and…”
  • If you don’t understand something, ask questions until the answer is clear.
  • If you disagree about something and your comments aren’t changing anyone’s mind, explain that you want your position included in the Prior Written Notice (PWN), which is the document the school is required to send immediately after an IEP meeting.
  • If you hear something confusing, ask the school to put their position and rationale in writing so you can follow up.
  • Request to end the meeting if it stops being productive. Tell the other team members that you would like to continue working with them and ask to schedule another meeting. This might include adding people to the team to help resolve issues.

After a meeting…

  • Review your notes and highlight or circle places where there is an action or something that needs follow through. Transfer relevant information into your calendar.
  • When the Prior Written Notice (PWN) arrives (usually within a few days), compare it to your notes. Make sure all key agreements, actions, and IEP/504 amendments match what you understood to be the plan when you left the meeting.
  • If you want something changed in the PWN, ask for those changes in writing.
  • If you disagree with the outcome of the meeting, review your Procedural Safeguards (downloadable in multiple languages) and consider your dispute resolution options.
  • If you consider filing a Community Complaint, PAVE provides a video training to walk you through that option.
  • Consider contacting school district special education staff if they didn’t participate in the meeting and you think your team needs more support.
  • Consider asking for another meeting, Mediation, or a Facilitated IEP meeting, if issues are unresolved.

PAVE’s Parent Training and Information (PTI) program can help family caregivers organize their concerns and options. Click Get Help for individualized assistance.

Special Education is a Service, Not a Place

Posted on by Nicol Walsh

A Brief Overview

  • A student with a disability has the right to a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). General education spaces and curriculum are LRE.
  • Services are generally portable, and special education is delivered to the student to enable access to FAPE within the LRE to the maximum extent appropriate.
  • Federal law protects a student’s right to FAPE within the LRE in light of a child’s circumstances, not for convenience of resource allocation.
  • The TIES Center at the University of Minnesota partnered with the Haring Center for Inclusive Education at the University of Washington to build a resource for families and schools writing IEPs to support students within general education: Comprehensive Inclusive Education: General Education and the Inclusive IEP.

Full Article

An ill-informed conversation about special education might go something like this:

  • Is your child in special education?
  • Yes.
  • Oh, so your student goes to school in that special classroom, by the office…in the portable…at the end of the hall…in a segregated room?

This conversation includes errors in understanding about what special education is, how it is delivered, and a student’s right to be included with general education peers whenever and wherever possible.

This article intends to clear up confusion. An important concept to understand is in the headline:

Special Education is a service, not a place!

Services are portable, so special education is delivered to the student in the placement that works for the student to receive a Free Appropriate Public Education (FAPE), in light of the child’s circumstances. A student with a disability has the right to FAPE in the Least Restrictive Environment (LRE).

General education is the Least Restrictive Environment. An alternative placement is discussed by the student’s Individualized Education Program (IEP) team if access to FAPE is not working for the student in a general education setting with supplementary aids and supports.

Keep in mind that genuine inclusion doesn’t just meet a seat in the classroom. Adult support, adaptations to the learning materials, individualized instruction, and more are provided to support access to education within the LRE.

Here is some vocabulary to further understanding:

  • FAPE: Free Appropriate Public Education. The entitlement of a student who is eligible for special education services.
  • IDEA: Individuals with Disabilities Education Act. The entitlement to FAPE is protected by this law that allocates federal funds to support eligible students.
  • LRE: Least Restrictive Environment. A student eligible for special education services has a right to FAPE in the LRE to the maximum extent appropriate. General education is the least restrictive, and an alternative placement is discussed when data indicate that supplementary aids and supports are not working to enable access to FAPE in general education.
  • IEP: Individualized Education Program. School staff and family caregivers make up an IEP team. The team is responsible to develop a program reasonably calculated to enable a student to make progress appropriate toward IEP goals and on grade-level curriculum, in light of the child’s circumstances. Based on a student’s strengths and needs (discovered through evaluation, observation, and review of data), the team collaborates to decide what services enable FAPE and how to deliver those services. Where services are delivered is the last part of the IEP process, and decisions are made by all team members, unless family caregivers choose to excuse some participants or waive the right to a full team process.
  • Equity: When access is achieved with supports so the person with a disability has a more level or fair opportunity to benefit from the building, service, or program. For example, a student in a wheelchair can access a school with stairs if there is also a ramp. A person with a behavioral health condition might need a unique type of “ramp” to access equitable learning opportunities within general education.
  • Inclusion: When people of all abilities experience an opportunity together, and individuals with disabilities have supports they need to be contributing participants and to receive equal benefit. Although IDEA does not explicitly demand inclusion, the requirement for FAPE in the Least Restrictive Environment is how inclusion is built into special education process.
  • Placement: Where a student learns. Because the IDEA requires LRE, an IEP team considers equity and inclusion in discussions about where a student receives education. General education placement is the Least Restrictive Environment. An IEP team considers ways to offer supplementary aids and supports to enable access to LRE. If interventions fail to meet the student’s needs, the IEP team considers a continuum of placement alternatives—special education classrooms, alternative schools, home-bound instruction, day treatment, residential placement, or an alternative that is uniquely designed. 
  • Supplementary Aids and Supports: The help and productivity enhancers a student needs. Under the IDEA, a student’s unique program and services are intended to enable access to FAPE within LRE. Note that an aid or a support is not a place and therefore cannot be considered as an aspect of a restrictive placement. To the contrary, having additional adult support might enable access to LRE. This topic was included in the resolution of a 2017 Citizen Complaint in Washington State. In its decision, OSPI stated that “paraeducator support is a supplementary aid and service, not a placement option on the continuum of alternative placements.”

Note that the IDEA protects a student’s right to FAPE within LRE in light of a child’s circumstances, not in light of the most convenient way to organize school district resources. Placement is individualized to support a student’s strengths and abilities as well as the needs that are based in disability.

Tip: Families can remind the IEP team to Presume Competence and to boost a student from that position of faith. If the team presumes that a student can be competent in general education, how does it impact the team’s conversation about access to FAPE and placement?

LRE does not mean students with disabilities are on their own

To deliver FAPE, a school district provides lessons uniquely designed to address a student’s strengths and struggles (Specially Designed Instruction/SDI). In addition, the IEP team is responsible to design individualized accommodations and modifications. (Links in this paragraph take you to three PAVE training videos on these topics.)

  • Accommodations: Productivity enhancers. Examples: adjusted time to complete a task, assistive technology, a different mode for tracking an assignment or schedule, accessible reading materials with text-to-speech or videos embedded with sign language…
  • Modifications: Changes to a requirement. Examples: an alternative test, fewer problems on a worksheet, credit for a video presentation or vision board instead of a term paper.

Note that accommodations and modifications are not “special favors.” Utilizing these is an exercise of civil rights that are protected by anti-discrimination laws that include the Rehabilitation Act of 1973 (particularly Section 504 as it relates to school) and the Americans with Disabilities Act (ADA—particularly Title II).

Related Services may support LRE and other aspects of equitable access

An IEP may include related services (occupational therapy, speech, nursing, behavioral or mental health support, parent training, transportation, and more). For some students, related services may be part of the support structure to enable inclusion in the Least Restrictive Environment. If an IEP includes related services, then the IEP team discusses how and where they are delivered.

A tool to support inclusion

The TIES Center at the University of Minnesota partnered with the Haring Center for Inclusive Education at the University of Washington to build a resource to support families and schools in writing IEPs that support students within general education classrooms: Comprehensive Inclusive Education: General Education and the Inclusive IEP.

The resource includes a variety of tools and recommendations for how school and family teams can approach their meetings and conversations to support the creation and provision of a program that recognizes:

  • Each child is a general education student. 
  • The general education curriculum and routines and the Individual Education Program (IEP) comprise a student’s full educational program.
  • The IEP for a student qualifying for special education services is not the student’s curriculum.

Who is required on an IEP team?

Keep in mind that IEP teams are required to include staff from general education and special education (WAC 392-172A-03095). All team members are required for formal meetings unless the family signs consent for those absences. Here’s a key statement from the TIES Center resource:

“The IEP is intended to support a student’s progress in general education curriculum and routines, as well as other essential skills that support a student’s independence or interdependence across school, home, and other community environments.  A comprehensive inclusive education program based upon these principles is important because without that focus, a student’s learning opportunities and school and post-school outcomes are diminished. In order to create an effective comprehensive inclusive education program, collaboration between general educators, special educators, and families is needed.”

LRE decisions follow a 4-part process

OSPI’s website includes information directed toward parents: “Placement decisions are made by your student’s IEP team after the IEP has been developed. The term ‘placement’ in special education does not necessarily mean the precise physical building or location where your student will be educated. Rather, your student’s ‘placement’ refers to the range or continuum of educational settings available in the district to implement her/his IEP and the overall amount of time s/he will spend in the general education setting.”

Selection of an appropriate placement includes 4 considerations:

  1. IEP content (specialized instruction, goals, services, accommodations…)
  2. LRE requirements (least restrictive “to the maximum extent appropriate”)
  3. The likelihood that the placement option provides a reasonably high probability of helping a student attain goals
  4. Consideration of any potentially harmful effects the placement option might have on the student, or the quality of services delivered

What are placements outside of general education?

If a student is unable to access appropriate learning (FAPE) in general education because their needs cannot be met there, then the IEP team considers alternative placement options. It’s important to note that a student is placed in a more restrictive setting because the student needs a different location within the school, not because it’s more convenient for adults or because it saves the school district money.

According to IDEA, Sec. 300.114, “A State must not use a funding mechanism by which the State distributes funds on the basis of the type of setting in which a child is served that will result in the failure to provide a child with a disability FAPE according to the unique needs of the child, as described in the child’s IEP.”

IEP teams may discuss whether there’s a need for a smaller classroom setting or something else. Keep in mind that a home-based placement is a very restrictive placement because it segregates a student entirely from their peers.

The continuum of placement options includes, but is not limited to:

  • general education classes
  • general education classes with support services and/or modifications
  • a combination of general education and special education classes
  • self-contained special education classes
  • day treatment, therapeutic school specializing in behavioral health
  • private placement outside of the school district (non-public agency/NPA)
  • residential care or treatment facilities (also known as NPAs)
  • alternative learning experience (ALE)
  • home-based placement  

School districts are not required to have a continuum available in every school building. A school district, for example, might have a self-contained setting or preschool services in some but not all locations. This gives districts some discretion for choosing a location to serve the placement chosen by an IEP team.

Placement and location are different

Note that the IEP team determines the placement, but the school district has discretion to choose a location to serve the IEP.

For example, an IEP team could determine that a student needs a day treatment/behavioral health-focused school in order to access FAPE—an appropriate education. If the IEP team chooses a Day Treatment placement, then the school district is responsible to find a location to provide that placement. Following this process, a public-school district might pay for transportation and tuition to send a student to a private or out-of-district facility. If a request for a specialized placement is initiated by the family, there are other considerations.

OSPI’s website includes this information:

“… if you are requesting that your student be placed in a private school or residential facility because you believe the district is unable to provide FAPE, then you must make that request through a due process hearing.”

Resources about inclusionary practices

An agency called Teaching Exceptional Children Plus features an article by a parent about the value of inclusion in general education. The January 2009 article by Beth L. Sweden is available for download online: Signs of an Inclusive School: A Parent’s Perspective on the Meaning and Value of Authentic Inclusion.

Understood.org offers an article and a video about the benefits of inclusion.

An agency that promotes best-practice strategies for school staff implementing inclusive educational programming is the IRIS Center, a part of Peabody College at Vanderbilt University in Nashville, Tenn.

As stated earlier, The TIES Center at the University of Minnesota partnered with the Haring Center for Inclusive Education at the University of Washington to build a resource for families and schools writing IEPs to support students within general education: Comprehensive Inclusive Education: General Education and the Inclusive IEP.

The Inclusionary Practices Family Engagement Collaborative is a partnership of four non-profit organizations committed to strengthening family-school partnerships to support culturally-responsive approaches that center the experiences of students with disabilities. Watch recorded trainings offered to help you start the conversation.

Life After High School: Tools for Transition

Posted on by Nicol Walsh

Planning for life after high school doesn’t happen all at once—it takes thoughtful coordination and clear next steps. With the right tools and support, students can explore their strengths, set meaningful goals, and build a path toward adulthood with confidence. Connecting planning efforts across school, family, and community helps create a smoother, more supported transition.

A Brief Overview

  • Transition planning brings together school, family, and community supports to prepare students for adult life.
  • The “Transition Triangle” highlights tools to guide students in developing and meeting goals for their life after high school.
  • The High School and Beyond Plan (HSBP) helps students explore interests, strengths, and future goals while creating a roadmap for after graduation.
  • Students use guiding questions to better understand who they are, what they want for their future, and how to begin working toward those goals.
  • The IEP Transition Plan provides individualized goals and services focused on education, employment, and independent living for students with disabilities.
  • Agency supports and adult services help students prepare for adult responsibilities and opportunities.

Introducing the Transition Triangle

Helping a student with disabilities prepare for life after high school requires thoughtful organization and planning. This graphic provides a visual overview of the work and who is responsible to help.

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

The three colored triangles on the corners of the graphic represent three tools that help students ask and answer these questions. This article explains these tools, starting with a video presentation.

Tools for Transition Video

This presentation describes three ways to support this important time of life:

  1. High School and Beyond Plan: Helps students identify their interests, strengths, goals, and future plans.
  2. IEP Transition Plan: Helps students with disabilities prepare for adult life through individualized transition services and goals.
  3. Agency Supports and Adult Services: Connects students and families to community agencies and adult-service systems before leaving school. (The infographic section previously labeled “Agency Help” in the video presentation has been updated to “Agency Supports and Adult Services.”)

Transcript for Life After High School Tools for Transition:

Helping a student with disabilities prepare for Life After High School requires thoughtful organization and planning. This presentation describes three ways to support this important time of life. This triangle shows the three tools we’re going to talk about.

Helping a student with disabilities prepare for life after high school requires thoughtful organization and planning. This presentation describes three ways to support this important time of life. This triangle shows the three tools we’re going to talk about. Notice that the center of the triangle includes three questions for a young person to consider: who am I, what’s my future, and how do I reach my goals? The three colored triangles show different ways that adults can help a student ask and answer those questions. We’re going to talk about all three tools in this training. Let’s start with the purple triangle on the bottom left corner. This tool is called high school and beyond plan. Schools in Washington state are required to help students start high school and beyond plan before they leave middle school. The school’s counseling staff is usually responsible to support each student in building a high school and beyond plan. Think of the high school and beyond plan as a personalized pathway through school. This tool is provided for all students, not just students with disabilities. By the end of 8th grade, a student has completed a career interest and skills inventory to consider education and career goals. That’s part of the plan. The student might be considering going to a university or a technical college. They might want to do an apprenticeship program or get an industry standard certificate to do a specific job. Maybe they’re thinking about military training, on the job training, or something else. All are considered as part of high school and beyond planning. Thinking about the future helps with decisions about what to focus on now. Of course, most students change their plans many times.

That’s why the high school and beyond plan is reviewed at least once a year. Keep in mind that the students vision for their future is the focus of the plan. These are the three questions every high school and beyond plan is required to address: who am I, what can I become, how do I become that? You might notice these questions match the questions in the center of our transition triangle. This is where the whole process begins, with these questions. It’s never too early to start talking to a student about these questions. Discussing these questions with many different people in many different settings is part of high school and beyond planning. This is not a single interview. It’s a long-term discussion that happens while a student is moving through school and toward graduation. If the high school and beyond plan is a new concept for you, take a moment to pause and consider who at your school might provide more information about this process.

Perhaps take a moment to write yourself a reminder note to get more information. Could you contact your students counselor, the IEP case manager, a school administrator, or maybe a favorite teacher? Could you ask your student? The state instructs schools to include family caregivers in this process. Remember that a completed high school and beyond plan is required for a student to graduate from a high school in Washington state. Let’s look at the blue triangle on the lower right side of our transition triangle so we can talk about the IEP transition plan. The individualized education program, IEP, is required to include a transition plan by the school year when a student turns 16. This plan is an IEP team project.

Keep in mind that the student and parents are important members of the IEP team. Here’s some information to better understand this required part of a student’s school services program. The federal law that governs special education is the Ida, which stands for individuals with disabilities education act. Laws about IEP process are mostly from idea part B. Part A is also important when we’re talking about adult life planning. Part A of the idea describes the laws purpose. The statement on this slide is from idea part A. It says that special education is provided to ensure that all children with disabilities have available to them a free and appropriate public education designed to meet their individual needs and prepare them for further education, employment, and independent living. In simpler words, supporting students with disabilities to make a smooth transition into adult life is part of a school’s basic responsibility.

Here’s some information about the IEP transition plan. Most importantly, the plan is built from the students needs, preferences, interests, and strengths. Once the plan is written into the IEP, it drives the program. The annual goals all connect in some way to the students adult life plan. The IEP transition plan includes adult living objectives in three areas: postsecondary education, acquisition of daily living skills, and vocational evaluation and support. Washington schools receive guidance from the office of superintendent of public instruction, OS Pi, our state educational agency. OSPI provides model forms to support schools and families when developing an IEP. This form shows what to include in an IEP when transition programming is added.

This section of the model form shows that a student must be invited to IEP meetings once transition planning is included, and an age appropriate transition assessment is required. Transition assessments include a range of tools, including surveys and questionnaires, profiles and portfolios, vocational assessments, interviews, and more. This form makes clear that a transition plan is not built from a quick meeting but is a multi-part process. State guidance is clear that the IEP transition plan is intended to support rather than replace the students high school and beyond plan. Here’s some questions you can consider to make sure the transition plan is well written: is the plan age appropriate? Goals should be achievable but not too easy, based on the age and abilities of the student. Is information provided by more than one source? This is a long-term project with many participants. Is a target graduation date included? The IEP team decides when a student will graduate, and the family is part of that decision process. Are the annual goals relevant to the long-term goals? Do the postsecondary goals consider all areas of life after high school? And keep this one in mind: does the IEP align with the students high school and beyond plan? The state educational agency ospi provides information about how the high school and beyond plan and the IEP transition plan are supposed to work together.

Here’s a visual list of the four areas to cover in transition planning: employment, further education, independent living, and community engagement. Remember the three questions for for our student. They are, who am I, what’s my future, and how do I reach the go my goals? Adults can help the student ask and answer those questions for each of these four areas of learning and life. Here’s something else to remember. The IEP ends when a student graduates from high school or ages out of services at 21. However, accommodations on the IEP can travel with the student into higher education, vocational programming, or work. The accommodations are protected by federal civil rights laws, including Section 504 of the Rehabilitation Act. Those protections are for the lifespan. High school is a great time to make sure accommodations are individualized and well written, and that the student knows what they are and how to ask for them.

Let’s look at the last part of our transition triangle. The teal triangle at the top represents public agencies that might support a young person to get a job. I will explain what each of these means in a few moments. All these agencies provide individualized support that may help a young person get ready for work, get a job, or keep a job. Eligibility criteria IA for each of these agencies is a little bit different, and you must apply to access their services. Some agencies offer programs to help students with disabilities explore work and self advocacy while they are still in school. Those services are called pre-employment transition services. Pre-employment transition services might include job EX exploration, work-based learning, counseling about higher education and how to gear up for college, workplace readiness, and self-advocacy, like special education rights. Vocational rehabilitation rights are protected by law.

If these service agencies are new to you, consider if you want to get more information about how to involve an outside public agency in life after high school planning. Maybe a school counselor, administrator, or teacher could help, or maybe it’s a question for your IEP team. Sometimes special education district staff can help contact these agencies with you. Staff at pave can also help you research your options. Click get help at our website wapave.org to request our support. So take a moment, if you want to write down an idea so you remember to follow up. I’m going to tell you more about each of these agencies on the next

slide. You may want to reach out directly to one of these agencies by looking them up online. DDA is the developmental disabilities administration. DVR is the division of vocational rehabilitation. TVR is tribal vocational rehabilitation for Native Americans with disabilities. dsb is the department of services for the blind, for people with blindness or low vision. The next few slides have additional information to help with your students life after high school planning. Everyone in the family needs to keep in mind that when a student turns 18 in Washington, they are responsible for their own educational decisions. If the student is ready and able to take charge, nothing needs to happen. If the student still wants parents involved, then the student signs a letter of consent for parents to attend meetings and continue participating on the IEP team. Parents who have legal guardianship have a larger role in decision making and may not need their student to sign consent.

In Washington state, one legal option for supporting an adult with disabilities is called supported decision making. This slide shows an article available on PA’s website with more information about supported decision making and how to access a sample form. Families need to know that their students can participate in commencement and other senior year activities with their classmates even if they aren’t yet earning a diploma. That state right is protected by Kevin’s Law. School staff recommend that families plan early for senior year activities so appropriate accommodations can be provided. Listed on this slide are places that schools and families might get more help.

The three O’s are the Office of Superintendent of Public Instruction, the Office for Civil Rights, and the Governor’s Office of the Educational Ombuds. Another option is to reach out to one of the state’s nine educational service districts, the ESD’s. If the school district doesn’t have everything your student needs, you and the school might seek additional resources from the ESD that serves your area. Each ESD has a behavioral health navigator, for example, and some ESD’s are licensed to provide behavioral health services.

Another place to get help for supporting a loved one with a disability is the DD ombuds. This agency provides advocacy to support quality of life for people with developmental disabilities. Their staff can help individuals file complaints related to disability discrimination.

This training has been provided by parent training and information, PTI, a program of pave. We provide information, resources, and direct support. Click get help at wapave. org and one of our staff will contact you. You can also leave a message by phone to request help, and that number is 800 572 7368. If you need help with the accessibility of any of our resources, please let us know. We provide language translation options. Additional information on this topic is available as part of PAVE’s online toolkit called school to adulthood transition planning toolkit for high school life and work. Look for the button under the calendar on our website. Please note that pave is not a legal service organization and cannot give you legal advice or represent you. PTI’s funding comes from a US Department of Education grant, but the government doesn’t review our training materials in order to endorse them. We’d love to know whether this video was helpful for you. On the page where you found this video, there’s a link to a short survey. Thank you for sharing your feedback. Thank you for listening and learning, and please contact us if you need individualized assistance or further training opportunities.

La Vida Después de la Preparatoria – Herramientas para la Transición (Spanish)

High School and Beyond Plan (HSBP)

The purple triangle on the bottom left represents the High School and Beyond Plan (HSBP). In Washington State, all students begin developing an HSBP before they leave middle school. This plan helps students think about strengths, goals, and the steps needed for life after high school.

Students think about questions such as:

  1. What am I interested in?
  2. What kind of job or career might I want in the future?
  3. What skills, education, or training will I need to reach my goals?

The HSBP helps students create a roadmap for life after high school, connecting classroom learning, workforce exploration, and post-secondary education planning to the students’ future goals.  

Learn more about the HSBP in this PAVE article: Students’ Guide to the High School & Beyond Plan.

Key Questions for Students

At the center of the Transition Triangle are three key questions to help students guide transition planning and think about who they want to become in the future.

  1. Who am I?

Answers include:

  • What is the student interested in?
  • What are they good at?
  • What do they struggle with?
  • How do they see themselves?
  1. What is my future?

Students can begin to imagine:

  • Where might they work?
  • Will higher education be part of their future?
  • Where do they want to live?
  1. How do I reach my goals?

The answers are a long-term project. A good planning process ensures that work done today is moving the student toward their vision for adult life.

  • What skills do they need to learn?
  • Who can support them?
  • What can they do now to prepare?

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

Download the Transition Triangle worksheet

The Transition Plan

The blue triangle on the bottom right represents the transition plan. Students receiving special education services; transition planning must be included in the IEP no later than the school year in which they turn 16. A student with disabilities may receive services under a transition plan until they earn a diploma or turn 22.

These goals typically include:

  • Education and Training: college, vocational training, and apprenticeship.
  • Employment: exploring careers, gaining work experience, and preparing for a job.
  • Independent Living: building skills for daily life, transportation, housing, and community participation.

The Office of Superintendent of Public Instruction (OSPI) provides an example of the transition plan in there Model Forms, labeled as “IEP Form with Secondary Transition.”

Agency Support and Adult Services

The teal triangle on top of the pyramid represents agencies that provide Vocational Rehabilitation (VR) services, including:

  1. Developmental Disabilities Administration (DDA)
  2. Provides home and community-based services for eligible students with intellectual and developmental disabilities through Medicaid waivers.
  3. Provides person-centered service planning to identify individualized supports for building community and planning for major life transitions, such as graduation from high school, independent living, and career goals.
  4. Division of Vocational Rehabilitation (DVR)
  5. Provides Student and Youth VR Transition Services for students with disabilities, ages 14-22.
  6. Provides Pre-Employment Transition Services (Pre-ETS) for students still in school as well as vocational rehabilitation services for adults with disabilities.
  7. Tribal Vocational Rehabilitation (TVR): Provides employment and vocational rehabilitation services to American Indians and Alaska Natives with disabilities living in tribal service areas.
  8. Department of Services for the Blind (DSB): Provide services to people of all ages who are blind, deaf-blind, or have low vision, helping them gain the skills, resources, and support they need to live independently at home, in school, at work, and in their communities.

Staff from these agencies may work alongside the student’s IEP team, school staff, and family to ensure everyone is working together toward the student’s goals.

The Transition Triangle works best when all parts are connected. When schools, families, community agencies, and the student collaborate, they can provide coordinated support that helps the student successfully transition to adult life, including education, employment, independent living, and community participation.

Learn More

OSPI provides information about graduation requirements for a student in Washington State.

Legal decision-making rights, including educational rights, transfer to the student when they turn 18 (WAC 392-172A-03090). PAVE provides an article about Supported Decision Making for individuals who may need support with understanding options, making informed choices, and communicating their decisions while maintaining their independence.

Each Education Service Districts (ESDs) has a behavioral health navigator, and some are licensed to provide behavioral health services.

PAVE provides toolkits ready for you, including Planning My Path – A User-Friendly Toolkit for Young Adults. In addition, PAVE has a college readiness workbook ready for you to use. 

The Office of the Educational Ombuds (OEO) provides online resources and 1:1 support. For additional support, fill out our Get Support request to connect with a PAVE team member. The Office for Civil Rights (OCR) can help with questions about equity and access.

Discipline and Disability Rights: What to do if Your Child is Being Sent Home

Posted on by Nicol Walsh

Learning the skills to maintain expected behavior and follow school rules is part of education. All students learn social, emotional and behavioral skills. Students with disabilities may get extra help in these areas of learning. Some have individualized behavior support plans.

When the pre-teaching and interventions fail to stop a behavior from causing a problem, the school might call a parent to say, “Take them home.” What happens next could depend on how well-informed parents are about the rights of students with disabilities.

This video provides key information about what to do if your child is being sent home. The first thing to ask is, “Are they being suspended?” If the answer is yes, the school is required to file specific paperwork. If the answer is no, a parent has choices and may support better long-term outcomes by carefully documenting what happens next.

Below are links to resources referenced in the video:

Transcript of Discipline and Disability Rights: What to do if Your Child is Being Sent Home

Learning the skills to maintain expected behavior and follow school rules is part of education. All students learn social, emotional and behavioral skills. Students with special needs may get extra help in these areas of learning. Some have individualized behavior support plans.

When the pre-teaching and interventions fail to stop behavior from causing a problem, the school might call a parent to say, “Take them home.” What happens next could depend on how well-informed parents are about the rights of students with disabilities. This video provides key information to help.

First let’s talk about what exclusionary discipline means. If school staff remove a student from the place they are supposed to be during school, because of their behavior, then it’s exclusionary discipline. Out-of-school suspensions, expulsions, and in-school suspensions count. An in-school suspension might mean getting sent to the office, for example.

Informal removals like when the school calls parents to take a child home because of their behavior is exclusionary discipline if parents feel they have no choice. A regularly shortened school day also may be a form of exclusionary discipline if the school offers this as the only option.

These final two points might seem like a surprise. Let’s clarify a few things. It’s important to know who is making the decisions. If the family chooses to take a child home early because they aren’t feeling well physically or mentally, then it’s not exclusionary discipline.

If an IEP or Section 504 team decides it’s in the student s best interests to attend school for fewer hours, then it’s not disciplinary. If a teacher takes a student into the hallway for a short chat before returning to class, then it likely doesn’t count as a disciplinary action.

Disciplinary removal from school is a decision made unilaterally by the school. If the family

believes they have no option but to take their child home or if the school imposes a shorter

day without having a meeting to talk it through, then it counts as exclusionary discipline.

The school would essentially be changing a student s placement without the consent of

the school-and-family team in charge of those decisions.

We need to know a few things about student rights to fully unpack this topic, so here’s a quick take  on student rights. They are shown here as a pyramid. All students have rights at the bottom. Students with special educational services are at the top and have all these rights.

Special education rights are protected by a federal law called the IDEA the Individuals with Disabilities Education Act. IDEA protects the rights of students with Individualized Education Programs IEPs. IDEA has specific rules about what has to happen when a student with an IEP is excluded from school for behavior.

A student s Civil Rights are protected by federal laws also. The United States Office for Civil Rights OCR upholds these laws and provides specific guidance about what schools have to do when they discipline students with disabilities. Civil Rights laws protect students with IEPs, students with Section 504 Plans, and students with known or suspected disabilities who need to be evaluated to see if they are eligible for services. Sometimes discipline is the reason a student is evaluated to determine eligibility for services.

General Education Rights are protected by ESSA, which stands for Every Student Succeeds Act. Every child in the United States has the right to attend school, regardless of life circumstances that might include disability, poverty, racism, unstable housing, citizenship status, or something else. The public school responsible for serving a student cannot send them away without following specific state and federal rules.

To uphold the rights of students, schools are responsible to teach expected behavior in culturally appropriate ways and to help students stay in school and learning. The US Department of Education provides information about student rights. In July 2022, the Departments Office for Civil Rights published a 41-page document describing the rules schools must follow when they discipline students with disabilities. That document is called Supporting  Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973.

The document includes information that students with disabilities and students who are Black, Indigenous, or People of Color are disciplined at higher rates. BIPOC students with disabilities are the most impacted by discriminatory policies and practices. As part of their responsibility to support inclusion, schools may not exclude students in ways that discriminate. Knowing that schools are responsible to teach and cannot send students away without going through a formal, well-documented process, what’s a parent to do if the school calls and says to take the student home?

The rest of this presentation provides some guidance, summarized on this slide. The first step is to ask whether the student is being suspended. Requesting paperwork and tracking missed time is critical to hold the school accountable. An important number in this process is 10 that s how many days a student with a disability can miss due to discipline before the school is responsible to host a specific meeting called manifestation determination.

More about that in a moment. Communication is critical to improving outcomes when a student’s behavior is interfering with school. Families can ask for regular information about a student s behavior, and schools can send data tracking sheets home to make sure everyone knows how things are going. Let’s unpack these five points.

For a student to be sent home, the behavior must be severely disruptive or dangerous. If that’s what’s happening, then your child is being suspended or emergency expelled. Schools must report suspensions and expulsions to the family and to the state. If the school calls and asks you to take your student home, Step 1 is to ask: Are they being suspended?

If a student is being formally excluded from school because of their behavior, state law requires written notice to parents that includes: A description of what they did wrong including what school rule was broken Dates that the suspension starts and ends What the school tried first that didn’t work and why they chose to send the child home How the student will be provided education while away from school Information that the student and parents have the right to meet with a school administrator to talk about what happened And information about the family s right to appeal the action.

Note that all this information must be provided in a language and format that is accessible to the family. If the school says the student isn’t being formally suspended, then parents have choices. They can take the student home and call it a mental health day. Washington law requires schools to accept behavioral health reasons for students to be absent. On this slide are

a few questions families may want to consider asking:

  • Parents can ask for a meeting to talk about services. If the student doesn’t have a Section
  • 504 Plan or an IEP, it might be time to request an evaluation to see about eligibility for services. If the student doesn’t have a positive behavior support plan, a meeting could be arranged to talk about that option.
  • Parents might say they want the student to stay at school and ask for information about how and where education will be provided if the student stays. Parents can request paperwork about what happened and what the school tried before calling home.
  • Be sure to ask how the school will record the absence if the student leaves school.
  • Will it be excused, unexcused, or recorded as exclusionary discipline?

One reason it’s important to document every time a student is sent away for behavior is a specific special education process called Manifestation Determination. Manifestation Determination is a formal name for a meeting where the school and family talk about what happened and decide whether the behavior was directly related to the student s disability.

If yes, the team determines that the behavior was a manifestation of disability. In that case, it’s especially important to consider what additional supports are needed to scaffold the student’s behavior doesn’t keep interrupting school and learning. Manifestation Determination is required when a student with disabilities misses 10 or more days of school because of behavior. Those days might include partial days, informal suspensions, and in-school suspension.

A Manifestation Determination meeting includes discussion about whether an IEP, Section 504 Plan, or behavior support plan is being followed appropriately and whether it’s got everything the student needs to successfully learn expected behaviors. If no, the team is responsible to make changes. That might mean gathering more information through an evaluation or bringing together more expertise from the district or outside providers. The team may discuss changing the student s placement.

Washington s state educational agency, OSPI, provides detailed information about manifestation determination and other disciplinary rules for students with disabilities. One place to get that information is a Technical Assistance Paper called TAP #2, available through OSPI s website, which is k12.wa.gov. PAVE provides a link on the page where you clicked to watch this video.

Here is a general tip for parents to prepare for ups and downs. If parents tell the school they want to know the good, the bad, and the ugly, they are setting up a communication pathway for whatever happens. Hopefully, collaborative problem-solving will result. For example, knowing what’s going well will help everyone support the student to build on strengths. Knowing what’s not going well might prevent problems from getting worse. Saying you want to know the ugly might help the school understand that you want to work together and don’t want them to gloss over a behavioral incident by sending your student home without an official suspension, for example. When every trouble is treated as a chance to learn and improve, progress can accelerate.

Here s a PAVE resource that might provide additional information you’re looking for. On our home page, under the calendar, 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. PAVE provides a sample letter requesting an FBA. Look for it within our toolkit of sample letters.

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. Students, family members, and professionals can get direct assistance by going to our website, wapave.org, and clicking Get Help. We provide language translation options. Your can also leave a message by phone to request help: 800-572-7368. If you need help with the accessibility of any of our resources, please let us know. 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 batteries. Please practice self-care and make sure your own social-emotional needs are a priority. PAVE is here to help at wapave.org.

Related Services in School and Beyond can Support a Child’s Development and Learning

Posted on by Nicol Walsh

A Brief Overview

  • At school, related services help children with disabilities benefit from their special education by providing extra help and support. Options for related services are described in state law (WAC 392-172A-01155).
  • If a child with public health insurance needs specific therapies to meet medical needs, their insurance company is obligated to support those needs. Medical necessity is described in state law (WAC 182-500-0070).
  • Sometimes a service meets educational and medical needs. In those situations, the school might bill Medicaid directly, with parent permission. Families can learn more about School-Based Health Services (SBHS) and ask if their school is participating in this optional program.
  • Washington’s Office of Superintendent of Public Instruction (OSPI) issued guidance in August 2022 to clarify that all parts of a student’s IEP begin with the start of school unless an IEP team has agreed to shift something to meet a student-centered need. Schools may not delay the start of related services for their own reasons related to scheduling or resources.
  • For federal information about the range of options for related services provided by the school, see parentcenterhub.org.

Full Article

Children with disabilities have a range of needs that may be educational, medical, or both. As they grow, develop, and learn, those needs can shift. How family, school, and medical providers respond can impact how much progress the child makes in their emerging skills. This article includes information to help families understand how therapeutic services may be provided at school or elsewhere.

What are related services?

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.

Therapies for disabilities that impact physical movement or speech are common. Transportation provided through the special education system also is a common related service. Less common in Washington State are in-school mental health services or counseling for behavioral health conditions. Various possibilities are listed in state law (WAC 392-172A-01155). Here are examples from the Washington Administrative Code (WAC):

  • Occupational, Physical, Speech Therapies
  • Counseling
  • Psychological Services
  • Behavioral Services
  • School Social Worker
  • Special Transportation
  • Parent Training

What does parent training mean?

Notice that the final option on this list is parent training. This service might mean the school helps parents understand the special needs of their child or something about their child’s development. Through the related service of parent training, the school can teach family members to help their child practice emerging skills when they’re at home.

Who provides a related service, and who pays?

A related service may be provided by any professional who is trained to assess and/or serve a specific need for a child with a disability condition that affects their learning or development.

When therapeutic services are paid for through medical insurance, they generally must meet a standard of being “medically necessary.” Keep reading for more information about therapeutic services available through the medical system.

Services are provided at school when they are determined to be “educationally necessary.” In those cases, the school district is responsible for payment.

Sometimes a service is both medically and educationally necessary. Sometimes schools seek parent consent to bill the student’s insurance to fund all or part of a related service. Washington State’s Health Care Authority (HCA) 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 Individualized Education Program (IEP).

Tip: See HCA’s website page about School-Based Health Services (SBHS) and consider asking your school if they are participating in this optional program. The guidebook includes information about allowable services. Note that Applied Behavior Analysis (ABA) therapy is explicitly excluded as a reimbursable service through the state’s SBHS program. Most other therapeutic options are reimbursable, including a range of mental health services.

A related service might be part of evaluation

Sometimes a related service is needed to assess a student because school staff do not have the expertise to properly understand a disability condition in order to make service recommendations. “Medical services for diagnostic or evaluation purposes” are written into federal law (IDEA Section 1432) as something an IEP can provide.

Keep in mind that special education evaluations must be comprehensive, in order to identify all of a child’s special education and related service needs, not just those that relate to the IEP eligibility category.

Families can seek an Independent Educational Evaluation (IEE) if they disagree with the methods or conclusions of a school district special education evaluation. PAVE provides an article and sample letter for requesting an IEE.

Related services support FAPE

The federal law that governs special education services is the Individuals with Disabilities Education Act (IDEA). The IDEA makes clear that its list of related services (see below) includes possibilities and options but does not include every related service a student might need. Other therapeutic services might be included in the IEP if they are educationally necessary.

Access and equity are protected by various educational and civil rights laws; anything that helps a student access school-related opportunities can be included as part of a student’s services. Extracurricular activities and school-sponsored sports count.

An IEP is a written commitment for the school to serve a student’s educational needs. Educational needs might be academic, social-emotional, or something else.  They might have to do with how the student functions or adapts to the environment of school.

Educational needs are determined through a comprehensive evaluation and a collaborative process that includes family, school staff, and anyone else with knowledge of the student and their disability-related needs. If an IEP team decides that a service is necessary for the student to access their right to a Free Appropriate Public Education (FAPE), then the school district is responsible to deliver those services.

IDEA does not expressly require that the IEP team include related services personnel. However, if a particular need or related service is discussed in an IEP meeting, it would be appropriate for the provider to attend. IDEA states that, at the discretion of the parent or the public agency, “other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate” may be part of a child’s IEP team.

School-based related services might include, but are not limited to:

  • speech-language pathology and audiology services
  • interpreting services
  • psychological services
  • physical and occupational therapy
  • recreation, including therapeutic recreation
  • early identification and assessment of disabilities in children
  • counseling services, including rehabilitation counseling
  • orientation and mobility services for blindness/low vision
  • medical services for diagnostic or evaluation purposes
  • school health services and school nurse services
  • social work services in schools
  • parent counseling and training

The national Center for Parent Information and Resources (parentcenterhub.org) provides additional information about each of these possible related services and what they might look like for a student receiving them as part of an Individualized Education Program (IEP).

IEP services start on Day 1 unless the student needs something different

Washington’s Office of Superintendent of Public Instruction (OSPI) issued guidance in August 2022 to clarify that all parts of a student’s IEP begin with the start of school unless an IEP team has agreed to shift something to meet a student-centered need.

According to OSPI, “School districts are reminded that they cannot arbitrarily determine when special education and related services will begin or schedule them to begin after the start of the school year for some providers.”

OSPI’s guidance references a parent complaint and the state’s decision that schools cannot delay the start of certain services because of provider availability or district scheduling preferences. If it’s in the IEP, then the school is responsible to provide the service on all scheduled days that the student attends school. If services aren’t provided as scheduled by the IEP, then the IEP team can discuss how and when the student will receive compensatory services to make up the missed time.

Families have the right to file a complaint with the state if the school does not fully serve their student’s IEP. One option is the community complaint: PAVE provides a video describing that process. Another option is Due Process. The Procedural Safeguards describe all dispute resolution options that are free for families and protected rights under federal and state laws. 

Options for therapeutic services through the Medicaid system

If a child needs specific therapies to meet medical needs, their insurance company is obligated to support those needs. For children younger than 21 with Medicaid (Apple Health in Washington), medical necessity is determined through assessments that are a protected benefit called Early Screening and Periodic Screening, Diagnostic and Treatment (EPSDT). This screening process is overseen by the National Academy for State Health Policy (NASHP).

For help navigating complex medical issues, families can request case management from their insurance provider. Calling the number on your insurance card and asking if there a form for requesting case management is a way to begin. Sometimes a case manager is automatically assigned if claims become complex and expensive.

Medical criteria are different than school criteria. While school-based services are built to support a student’s educational access, EPSDT determinations are made to support safety and health in the home and community. Here are examples:

  • Physical Therapy (PT) at school might support adapted physical education (PE) or help the student navigate the school building or curriculum. Outside of school, PT can support navigating the home, community, recreational activities, and more.
  • Speech/language services at school are tailored to help the student achieve goals on their Individualized Education Program (IEP) or access their curriculum. Outside of school, speech/language services can expand to support communication for daily living and might be paired with Occupational Therapy (OT), for example, to work on feeding issues, sensory aversions, breathing challenges, alternative communication systems, and more.

Services to support access to school, home, and community might intertwine, and the school district might choose to bill Medicaid for reimbursement, with the family’s signed consent.

TIP: If the school is going to bill insurance, families may want to find out if the insurance company has a reimbursement limit for the service. If the child is getting a similar service in and out of school, care coordination is important to make sure all the services will be paid. Insurance may be willing to pay for more services if it’s clear which are for school-based needs and which are medical. Those details also may be important to note if services are denied and the family wants to appeal the denial through a medical or special education complaint option.

What meets the standard of medical necessity?

The Washington Administrative Code (WAC 182-500-0070) describes medical necessity. If a service is likely to prevent, diagnose, or treat an identified condition that is causing major life impacts, then it may meet the standard. The WAC says medical necessity is:

“…a term for describing requested service which is reasonably calculated to prevent, diagnose, correct, cure, alleviate or prevent worsening of conditions in the client that endanger life, or cause suffering or pain, or result in an illness or infirmity, or threaten to cause or aggravate a handicap, or cause physical deformity or malfunction.”

The same WAC goes on to say that all federally funded insurance is obligated to pay for a service if it’s the most reasonable option available to serve the need. That standard is met when:

“There is no other equally effective, more conservative or substantially less costly course of treatment available or suitable for the client requesting the service.”

The same WAC also explains that a chosen course of treatment might mean a choice to track a condition through observation or offer no treatment. The WAC says:

“For the purposes of this section, ‘course of treatment’ may include mere observation or, where appropriate, no medical treatment at all.” 

A medical specialist, therapist, or pediatrician might assess the child to determine whether a specific service is medically necessary. In some situations, a case manager from the state’s Developmental Disabilities Administration (DDA) may make the determination.

What about private insurance?

Families with insurance through an employer or the healthcare exchange will need to ask their provider for specific information about what therapeutic services are covered. A company’s human resources department is another place to ask about coverages and whether there is a choice of health plan with more allowable options. School-based services may be the only option for some, as medical parity laws do not protect all possible therapeutic services.

Here are a places to get support in understanding your health plan and navigating access to services:

Insurance denials for employer-based plans can be appealed through:

PAVE’s Family to Family (F2F) Health Information Center provides additional information and resources through it’s website, Family Voices of Washington. Click Get Help at wapave.org to request individualized support.

Mental Health Education and Support at School can be Critical

Posted on by Nicol Walsh

A Brief Overview

  • Alarming statistics indicate the pandemic worsened many behavioral health outcomes for young people. Governor Jay Inslee on March 14, 2021, issued an emergency proclamation declaring children’s mental health to be in crisis.
  • President Joe Biden issued a Fact Sheet about the nation’s mental health crisis on March 1, 2022, as part of his State of the Union message. This article includes some of what the president shared about youth impacts.
  • Washington State’s 2021 Healthy Youth Survey confirms that children and youth are struggling to maintain well-being.
  • These outcomes make adolescence a critical time for mental health promotion, early identification and intervention. Read on for information and resources.
  • The emotional well-being of students may be served through Multi-Tiered Systems of Support (MTSS), which provide a structure for schools to provide education and supports related to student well-being schoolwide.
  • Students with high levels of need may access mental health support through the special education system. Emotional Disturbance is a federal category of disability under the Individuals with Disabilities Education Act (IDEA).

Full Article

Alarming statistics indicate that children and young people are in crisis. Governor Jay Inslee issued an emergency proclamation for children’s mental health on March 14, 2021. Data from Washington’s 2021 Healthy Youth Survey confirm the distressing trends:

Seven out of ten students in tenth grade report feeling nervous, anxious, on edge, or cannot stop worrying. Eight percent said they tried suicide within the past year. Almost 40 percent said their feelings were disturbing enough to interrupt their regular activities, and more than 10 percent of students said they didn’t have anyone to talk to about their feelings. According to the Centers for Disease Control and Prevention (CDC), only about half of young people who need behavioral health services get them.

According to the 2021 statewide survey, students with disabilities struggle more than most. Also over-represented are girls, students from lower income households, and students whose gender or sexuality is non-binary. Non-binary refers to more than two things; it’s a term often used when discussing people who identify as Lesbian, Gay, Bi-sexual, Transgender, Queer, or questioning (LGBTQ+). LGBTQ+ youth can seek crisis help and more from The Trevor Project.

“Reports of our children suffering with mental health issues are a worrisome public health concern,” said Umair A. Shah, MD, MPH, Washington’s Secretary of Health. “Mental health is a part of our children’s overall health and well-being. It is imperative that we all continue to work together to fully support the whole child by providing information and access to behavioral health resources to youth and the trusted adults in their lives.”

Concerns are nationwide. On March 1, 2022, President Joe Biden issued a Fact Sheet stating that grief, trauma, and physical isolation during the past two years have driven Americans to a breaking point:

“Our youth have been particularly impacted as losses from COVID and disruptions in routines and relationships have led to increased social isolation, anxiety, and learning loss.  More than half of parents express concern over their children’s mental well-being. An early study has found that students are about five months behind in math and four months behind in reading, compared with students prior to the pandemic.

“In 2019, one in three high school students and half of female students reported persistent feelings of sadness or hopelessness, an overall increase of 40 percent from 2009. Emergency department visits for attempted suicide have risen 51 percent among adolescent girls.”

Mental Health support to students is a statewide priority

Recognizing the unmet needs, Washington State’s 2022 legislature passed a variety of bills to increase support to children and youth with behavioral health conditions. Here are a few examples:

  • HB 1664: Provides funding and incentives for schools to increase numbers of staff who provide physical, social, and emotional support to students. Schools are responsible to report to the state how these funds were used for hiring staff that directly support students and not something else.
  • HB 1800: Requires Health Care Authority (HCA) to build and maintain a website (“parent portal”) to help families seek out behavioral health services. Also supports growth and training requirements for behavioral health ombuds serving youth through the Office of Behavioral Health Consumer Advocacy.
  • HB 1834: Establishes a student absence from school for mental health reasons as an excused absence.
  • HB 1890: Creates an advisory group under the Children and Youth Behavioral Health Work Group (CYBHWG) to build a strategic plan for children, youth transitioning to adulthood, and their caregivers. Also establishes a $200/day stipend (up to 6 meetings per year) for members of the CYBHWG with lived experience who are not attending in a paid professional capacity.

TIP: Family caregivers can get involved in advocacy work!

Here’s another TIP: Families can ask their school who is on site to support students with their mental health needs. Some school districts seek support from an Educational Service District (ESD) to meet student behavioral health needs, so families can also ask whether ESD supports are available. Some ESDs are licensed as behavioral health providers—just ask.

What is MTSS, and why learn this acronym to ask the school about it?

A priority for agencies involved in statewide work is implementation of Multi-Tiered Systems of Support (MTSS). Through MTSS, schools support well-being for all students and offer higher levels of support based on student need. Social Emotional Learning (SEL) is key to MTSS, which creates a structure for positive behavioral supports and trauma-informed interventions.

The Office of Superintendent of Public Instruction (OSPI) is the state educational agency for Washington schools. In its 2021 budget, OSPI prioritized MTSS as part of a plan to Empower all Schools to Support the Whole Child. In January, 2021, OSPI was awarded a five-year, $5.3 million grant from the U.S. Department of Education help districts implement MTSS. As a local control state, Washington districts determine their own specific policies and procedures.

TIP: Families can ask school and district staff to describe their MTSS work and how students are receiving support through the various levels/tiers.

Special Education is one pathway for more help

Students may access mental health support through the special education system. Emotional Disturbance is a federal category of disability under the Individuals with Disabilities Education Act (IDEA). Appropriate support can be especially critical for these students: According to the U.S. Office of Special Education Programs (OSEP), students eligible for school-based services under the ED category are twice as likely to drop out of high school before graduating.

How a student is supported in their life planning could have an impact. PAVE provides a toolkit of information about how to support a student in their preparations for graduation and beyond: School to Adulthood: Transition Planning Toolkit for High School, Life, and Work.

Note that a student with a mental health condition might qualify for an Individualized Education Program (IEP) under the category of Other Health Impairment (OHI), which captures needs related to various medical diagnoses. Other categories that often overlap with behavioral health are Autism and Traumatic Brain Injury (TBI). IEP eligibility categories are described in the Washington Administrative Codes (WAC 392-172A-01035).

In Washington State, the ED category is referred to as Emotional Behavioral Disability (EBD). If the student’s behavioral health is impaired to a degree that the student is struggling to access school, and the student needs Specially Designed Instruction (SDI), then the student may be eligible for an IEP. Keep in mind that academic subjects are only a part of learning in school: Social Emotional Learning (SEL) is part of the core curriculum. 

An educational evaluation determines whether a student has a disability that significantly impacts access to school and whether Specially Designed Instruction (SDI) and related services are needed for the student to receive a Free Appropriate Public Education (FAPE). FAPE is the entitlement of a student eligible for special education services. An IEP team determines how FAPE/educational services are provided to an individual student.

Behavioral health counseling can be part of an IEP

Counseling can be written into an IEP as a related service. When included in a student’s IEP as educationally necessary for FAPE, a school district is responsible to provide and fund those services. School districts can receive reimbursement for most of the cost of behavioral health services for students who are covered by Medicaid and on an IEP. The Health Care Authority provides information about school-based health services for students who are covered by Medicaid and on an IEP.

A student with a mental health condition who doesn’t qualify for an IEP might be eligible for a Section 504 Plan. A disability that impairs a major life activity triggers Section 504 protections, which include the right to appropriate and individualized accommodations at school. Section 504 is an aspect of the Rehabilitation Act of 1973, a Civil Rights law that protects against disability discrimination. Students with IEPs and 504 plans are protected by Section 504 rights.

Behavioral Health encompasses a wide range of disability conditions, including those related to substance use disorder, that impact a person’s ability to manage behavior. Sometimes students with behavioral health disabilities bump into disciplinary issues at school. Students with identified disabilities have protections in the disciplinary process: PAVE provides a detailed article about student and family rights related to school discipline.

Placement options for students who struggle with behavior

IEP teams determine the program and placement for a student. In accordance with federal law (IDEA), students have a right to FAPE in the Least Restrictive Environment (LRE) to the maximum extent appropriate. That means educational services and supports are designed to help students access their general education classroom and curriculum first. If the student is unable to make meaningful progress there because of their individual circumstances and disability condition, then the IEP team considers more restrictive placement options. See PAVE’s article: Special Education is a Service, Not a Place.

If general education is not working, the IEP team is responsible to consider all placement options to find the right fit. There is not a requirement to rule out every “less restrictive” option before choosing a placement that the team agrees will best serve the student’s needs.

Sometimes the IEP team, which includes family, will determine that in order to receive FAPE a student needs to be placed in a Day Treatment or Residential school. OSPI maintains a list of Non-Public Agencies that districts might pay to support the educational needs of a student. Districts may also consider schools that are not listed. Washington State has almost no residential options for students. Schools almost always send students to other states when residential placement is needed.

On May 23, 2022, a Washington affiliate of National Public Radio (KUOW) provided a report about the lack of residential programs in the state and the challenges for families whose students go out of state for residential education: Washington is sending youth in crisis to out-of-state boarding schools; taxpayers pick up the tab.

Residential placement may be necessary because educational needs cannot be served unless medical needs are fully supported. School districts may be responsible in those situations to pay for a residential placement. A precedent-setting court ruling in 2017 was Edmonds v. A.T. The parents of a student with behavioral disabilities filed due process against the Edmonds School District for reimbursement of residential education. The administrative law judge ruled that the district must pay for the residential services because “students cannot be separated from their disabilities.”

Strategies and safety measures for families and teachers

The Healthy Youth Survey is conducted every other year and was delayed from 2020 to 2021 because of the pandemic. Over the years, results are shared along with tips for families and schools. Here are a few considerations built from various data points within the survey:

Hopeful students:

  • Are more interested in schoolwork: Is there a way to make every day at school more connected to what a child cares about?
  • See people who can help: Who are the adults at school that a student can trust and go to for encouragement or guidance?
  • Believe that school is relevant to life: Who is helping the student connect what they are learning now to who they want to become?
  • Are academically successful: Are supports in place to provide adequate help so the student can succeed in learning? Evidence-based instructional strategies are key when students struggle in reading, writing, or math because of learning disabilities, for example.

TIP: Make sure these four topics are part of a school/family discussion when a student is struggling with emotional well-being or behavior that may be impacted by hopelessness.

A 2018 handout includes tips for parents and other adults who support teens who feel anxious or depressed:

  • Bond with them: Unconditional love includes clear statements that you value them, and your actions show you want to stay involved in their lives.
  • Talk with teens about their feelings and show you care. Listen to their point of view. Suicidal thinking often comes from a wish to end psychological pain.
  • Help teens learn effective coping strategies and resiliency skills to deal with stress, expectations of others, relationship problems, and challenging life events.
  • Have an evening as a family where everyone creates their own mental health safety plan.
  • Learn about warning signs and where to get help
  • Ask: “Are you thinking about suicide?” Don’t be afraid that talking about it will give them the idea. If you’ve observed any warning signs, chances are they’re already thinking about it.
  • If you own a firearm, keep it secured where a teen could not access it.
  • Lock up medications children shouldn’t have access to.

A press for school-based services and mental health literacy

Advocacy for direct school-based mental health services and education about mental health topics comes from the University of Washington’s SMART Center. SMART stands for School Mental Health Assessment Research and Training. The SMART center in 2020 provided a report: The Case for School Mental Health. The document includes state and national data that strongly indicate school-based behavioral health services are effective:

“Increased access to mental health services and supports in schools is vital to improving the physical and psychological safety of our students and schools, as well as academic performance and problem-solving skills. Availability of comprehensive school mental health promotes a school culture in which students feel safe to report safety concerns, which is proven to be among the most effective school safety strategies.”

The SMART Center in partnership with the non-profit Chad’s Legacy Project in 2021 established an online Student/Youth Mental Health Literacy Library. Intended for staff at middle and high schools, the library provides resources to help schools choose curricula for mental health education on topics that include Social Emotional Learning, Substance Use Disorder, and Suicide Prevention.

Goals of mental health literacy are:

  • Understanding how to foster and maintain good mental health
  • Understanding mental disorders and their treatments
  • Decreasing Stigma
  • Understanding how to seek help effectively for self and others

TIP: Families can direct their schools to this resource to support development or growth of a mental health education program.

For information, help during a crisis, emotional support, and referrals:  

  • Suicide Prevention Lifeline (1-800-273-TALK): After July 16, 2022, call 988
  • Text “HEAL” to 741741 to reach a trained Crisis Text Line counselor
  • Trevor Project Lifeline (LGBTQ) (1-866-488-7386)
  • The Washington Recovery Help Line (1-866-789-1511)
  • TeenLink (1-866-833-6546; 6pm-10pm PST)
  • Seattle Children’s Hospital has a referral helpline. Families can call 833-303-5437, Monday-Friday, 8-5, to connect with a referral specialist. The service is free for families statewide

Further information on mental health and suicide:  

Family Support

  • PAVE’s Family-to-Family Health Information Center provides technical assistance to families navigating health systems related to disability. Click Get Help at wapave.org or call 800-572-7368 for individualized assistance. Family Voices of Washington provides further information and resources.
  • A Facebook group called Healthy Minds Healthy Futures provides a place to connect with other families.
  • Family caregivers can request support and training from COPE (Center of Parent Excellence), which offers support group meetings and direct help from lead parent support specialists as part of a statewide program called A Common Voice.
  • Washington State Community Connectors (WSCC) sponsors an annual family training weekend, manages an SUD Family Navigator training, and offers ways for families to share their experiences and support one another. With passage of HB 1800 in 2022, WSCC is working with the Health Care Authority to build a statewide website to help families navigate behavioral health services.
  • Family, Youth, and System Partner Round Table (FYSPRT) is a statewide hub for family networking and emotional support. Some regions have distinct groups for young people.

Behavior and School: How to Participate in the FBA/BIP Process

Posted on by Nicol Walsh

This 2-part training has information about how to support a child’s behavior at school. When behavior gets in the way of learning, schools are responsible to figure out what the child is trying to communicate and to teach the child what to do instead.

PAVE’s accessible, fillable worksheet goes with the videos to help with behavior planning.

The process of figuring out why a child is acting out is called a Functional Behavioral Assessment—FBA for short. The first video in this 2-part series is about the FBA process.

A Behavior Intervention Plan—BIP for short—is a working document that the school and family build together and review regularly to make sure the child is supported with positive reinforcement and encouragement for meeting behavioral expectations. The second video in this 2-part series is about BIP development.

PAVE provides a Sample Letter to Request a Functional Behavioral Assessment to help families formally ask the school to assess their child’s behavior and consider how to thoughtfully build a behavior support plan.

Schools are guided by the state to use best practices when evaluating and serving students with special needs. The Office of Superintendent of Public Instruction (OSPI) is the state educational agency in Washington State. 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:

After you view the video, please take a quick moment to complete our survey. Your feedback is valuable!

Parent Participation in Special Education Process is a Priority Under Federal Law

Posted on by Nicol Walsh

A Brief Overview

  • Schools are required to accommodate parents to ensure their attendance and participation at meetings where their child’s special education services are discussed. Those rights are affirmed in a court decision from 2013: Doug C. Versus Hawaii.
  • A meeting that includes family is a higher priority than a renewal deadline.
  • If a deadline is missed, a student’s IEP services continue uninterrupted while meeting schedules are arranged to include family participation. The student’s eligibility does not expire.
  • The Washington Administrative Code (WAC) describes the participation rights of parents (WAC 392-172A-05001).
  • Failure to accommodate parent access to meetings when a child’s eligibility or services are discussed is a denial of the student’s right to a Free Appropriate Public Education (FAPE).

Full Article

Parents have the right to participate in all meetings where a student’s special education services are discussed. Those rights are protected by federal and state laws.

Students have a right to attend meetings about their school services at any age. Schools must invite students once their Individualized Education Program (IEP) includes a Transition Plan—a legal requirement by the school year when a student turns 16. The student is not required to attend but must be invited and accommodated to participate if they choose to.

A court decision in 2013 includes statements that family rights are more important than other legal requirements, such as renewal deadlines. More information about that case, Doug C. Versus Hawaii, is included later in this article.

Accessibility is a right

When inviting families to participate in meetings, the school is required to accommodate their needs related to scheduling, language access, parent or student disability, or something else. If a parent is ill, for example, the school is responsible to wait until the parent is well enough to meet. The school is responsible to provide a meeting format to meet the family’s needs, including through in person, virtual, or telephone attendance with any interpretation services needed for full participation.

IEP eligibility and services do not lapse or expire because the school delayed a meeting to accommodate the family. If a deadline is missed, a student’s services continue uninterrupted while meeting schedules are arranged to include family participation.

Here are examples of meetings where a parent/guardian must be invited and accommodated to participate:

  • Referral meeting to discuss whether to evaluate a student for eligibility
  • Evaluation review meeting
  • IEP meeting
  • Placement meeting
  • Transition conference to discuss moving into a new school or level of school (preschool into kindergarten, for example)
  • Meeting to discuss a Functional Behavioral Assessment (FBA) or Behavior Intervention Plan (BIP)
  • Meetings related to discipline, truancy, or complaints about Harassment, Intimidation, and Bullying (HIB)
  • Any other meeting where school-based services are discussed

What does the state say about parent rights to participate?

The Washington Administrative Code (WAC) describes the participation rights of parents (WAC 392-172A-05001).

The WAC explains that schools are not required to invite parents for “informal or unscheduled conversations involving school district personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. A meeting also does not include preparatory activities that school district personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.”

The WAC includes information about a parent’s right to visit school: “A parent of a student eligible for special education services may request permission to observe their student’s current educational placement, and to observe any educational placement proposed or under consideration either by a parent or a group that makes decisions on the educational placement of the parent’s child, in accordance with applicable school district policy and state law.”

Here is a key statement from the WAC related to parent participation:

“The parents of a student eligible for special education services must be afforded an opportunity to participate in meetings with respect to the identification, evaluation, educational placement and the provision of FAPE to the student.”

What is FAPE?

The statement above includes the word FAPE. FAPE stands for Free Appropriate Public Education. FAPE is what a student with a disability is entitled to receive. The school district is responsible to deliver FAPE.

The district must ensure that students with disabilities receive accessible, equitable, and appropriate services: All are elements of FAPE. PAVE provides a video training with more information about these key features of student rights: Student Rights, IEP, Section 504, and More.

An IEP provides FAPE through specially designed instruction and goal setting, progress monitoring, supplementary aids and services, accommodations, a thoughtfully chosen placement, and more. The IEP team meets to discuss all of this and make sure FAPE is being provided. Parents are equal partners for discussing all aspects of a student’s education.

TIP: Ask for a draft copy of the IEP or any other documents that will be discussed with enough time to review them before a meeting. The draft IEP is unfinished until it’s been reviewed and finalized in a team meeting that includes family participation.

Families have always been a priority under the law

The collaborative process of an IEP team that includes the family has been part of special education since federal laws were written to protect a student’s right to receive an education designed just for them. Parent participation is one of six primary principles of the federal Individuals with Disabilities Education Act (IDEA).

Here’s more language that describes FAPE: The IEP must be “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

This phrase—progress appropriate in light of the child’s circumstances—comes from another court decision, referred to as Endrew F. That Supreme Court decision established that meaningful progress must be tracked and monitored, and that the IEP must be adjusted if meaningful progress isn’t being made.

The IEP meeting is where families participate in tracking and monitoring that progress. Parents contribute important information about the progress or unmet needs of their children. Their observations provide critical information for team decision-making, and the federal laws were written to acknowledge the value of those contributions. That’s why parent participation is required for FAPE

TIP: Here’s a way to talk about parent rights within the process of special education: Failure to accommodate parent access to meetings when a child’s eligibility or services are discussed is a denial of FAPE.

What if parents cannot attend a meeting by the required renewal deadline?

Legal protections for students and families require a timely process. Schools are responsible to host a meeting that includes the family to update a student’s IEP at least every year. The IEP lists an “annual renewal date” on its cover page.

The school is also responsible to re-evaluate the student at least every three years to determine ongoing eligibility and to ensure that information about the student’s strengths and needs is up-to-date and the student is appropriately served through the IEP.

Sometimes there is a conflict when an evaluation or IEP renewal date sneaks up on the team and meetings aren’t scheduled early enough to accommodate the family and meet the deadline. It’s also possible that a family emergency or illness could prevent their timely participation.

In those situations, federal law has made it clear that the family’s participation is more important than the re-evaluation or IEP renewal deadline. The school can document the reason that the deadline is delayed, and a student’s services can continue without interruption until the meeting happens with family participants.

A student’s IEP eligibility does not expire because an evaluation is delayed, and the IEP does not lapse. Families can share this article and information about the federal court ruling if there is confusion.

What did Doug C. Versus Hawaii say?

The Ninth Circuit Court of Appeals handed down a decision on June 13, 2013, that reversed rulings by lower courts. The final ruling meant that the school in Hawaii was held accountable for having an IEP meeting without a parent. 

The court explained that schools must include parents at meetings unless they “affirmatively refused to attend.” Other legal language uses the phrase “good faith effort” to describe how schools must attempt to include families.

In the case of Doug C., the court found the school did not try hard enough to include the parent. In a hearing, the parent was able to share documentation showing he had provided the school with explanations each time he was unable to attend a meeting at the school’s suggested time and location. One documented explanation was that he was ill. In that case, the school held the meeting without him because they believed the IEP was about to “expire.”

The court said this rationale was based on a flawed premise. Earlier court rulings already had found that services do not end because an IEP renewal deadline is missed.  

In its decision, the court stated, “Parental participation is key to the operation of the IDEA for two reasons: Parents not only represent the best interests of their child in the IEP development process; they also provide information about the child critical to developing a comprehensive IEP and which only they are in a position to know.”

A place to get more information about court rulings related to special education is Wrightslaw.com. A Wrightslaw analysis of Doug C. Versus Hawaii includes a question-and-answer summary of the case. Here are highlights from that information:

Question: If a meeting is held after an annual renewal deadline, do IEP services lapse?

Answer: No. A child’s IEP does not lapse. Continuing to provide services based on the most recent IEP does not deny FAPE or “deprive a student of any educational benefit,” the court determined. The court further explained that there is no basis for assuming a school cannot provide services for a student whose annual IEP review is overdue.

Question: If there are scheduling conflicts, is priority given to school staff or the parent?

Answer: Priority is given to the parent. The court stated, “The attendance of [the]. . . parent, must take priority over other members’ attendance . . . an agency cannot exclude a parent from an IEP meeting in order to prioritize its representatives’ schedules.”

Question:  If the school has a meeting without the parent, can they make it okay by having another meeting within 30 days?

Answer:  No. The court found that parental involvement after-the-fact is not enough because “the IDEA contemplates parental involvement in the creation process.”

Question:  If a school district violates a procedural safeguard, such as parental involvement in meetings, does there need to be another finding of fault to show denial of FAPE? For example, would a court need to show that a child wasn’t receiving meaningful educational benefit from the services?

Answer:  No. The court does not need to determine a second violation. The denial of a parent’s right to participate in meetings is a violation of FAPE.

A parent’s right to participate in IEP process is part of the Procedural Safeguards that are written into the Individuals with Disabilities Education Act (IDEA). Schools are responsible for sharing a copy of the Procedural Safeguards at every formal meeting or whenever a parent requests them.

A copy of the Procedural Safeguards is downloadable from the website of the Office of Superintendent of Public Instruction (OSPI). An OSPI page titled Parent and Student Rights lists multiple translated versions of the Procedural Safeguards available for download.

Procedural Safeguards: How to File a Special Education Complaint

Posted on by Nicol Walsh

This training has information about parent rights and describes a process for filing a community complaint. When parents believe their child’s school has done something inappropriate related to the Individualized Education Program—their IEP—filing a complaint is one option available.

This training will help you know where to get a community complaint form and walks you through a pretend situation to demonstrate use of the form. The community complaint process is a no-cost option for families of children who receive special education services.

For more information and to access the community complaint form in your language, visit the website of the Office of Superintendent of Public Instruction (OSPI), the state educational agency for Washington State. To find the form, click on the question, “Is there a form for filing a community complaint?” The drop-down menu provides language options to download the form.

After you view the video, please take a quick moment to complete our survey. Your feedback is valuable!

WISe Provides Team-Based Services for Washington Youth with Severe Behavioral Health Disorders

Posted on by Nicol Walsh

A Brief Overview

  • WISe behavioral healthcare teams serve children and youth 20 or younger whose conditions are too severe to benefit appropriately from regular visits to a community clinician and/or therapist.
  • To qualify for WISe, the young person must be eligible for Apple Health, which is the public health program for Washington State. WAC 182-505-0210 describes Apple Health eligibility standards.
  • WISe was created as a response to the T.R. et al. lawsuit, settled in 2013.
  • Different agencies manage WISe programs in various regions of the state. The Health Care Authority manages a downloadable list of WISe agencies, organized by county. Families can contact their area agency by calling the phone number on this referral list.
  • Read on for various places families might seek solidarity and support. One option is Family, Youth, and System Partner Round Table (FYSPRT), which is a network of groups that meet to discuss what’s working/not working in behavioral healthcare systems in their communities.

Full Article

Children and youth with intensive needs related to behavioral health may be eligible for services from a statewide program called WISe–Wraparound with Intensive Services. A WISe team includes various clinical and professional staff and certified peers, who may support the emotional needs of family members.  

WISe services are provided in the community—outpatient—for children and youth 20 or younger who are eligible for public insurance, called Apple Health in Washington State. To be assigned to a WISe team, the young person must demonstrate a need for services that are more intensive than what is provided from regular visits to a community clinician and/or therapist.

What does behavioral health mean?

Behavioral health is a broad term describing services for people with conditions based in the brain that impact their behavior. Bipolar disorder, schizophrenia, and substance use disorder (SUD) are examples of severe behavioral health conditions impacting some adults and young people.

Other childhood conditions are many and varied, and not everyone uses the same terms for the same symptoms. The Child Mind Institute is a place for information about childhood symptoms, diagnoses, and options for treatment and support.

Some developmental conditions, such as autism, are considered behavioral health conditions when symptoms have a significant impact on behavior. A person with a complicated behavioral health condition may have impacts in multiple areas and may be given a “dual diagnosis.”

Who is eligible for WISe services?

WISe services are for children and youth until their 21st birthday. WISe is only approved if the patient has used other, less intensive therapies, with little to no improvement.  Once approved for services, a young person may spend time on an “interest list,” receiving limited support, before a full team is formed to serve them.

The young person is evaluated with a Child and Adolescent Needs and Strengths (CANS) intensive mental health screening tool, called the CANS-SCREEN.

Five core areas are evaluated:

  1. Life functioning
  2. Behavioral and emotional needs
  3. Risk behaviors
  4. Caregiver resources and needs
  5. Diagnosis and prognosis

According to the CANS-SCREEN, “The care provider, along with the child/youth and family as well as other stakeholders, gives a number rating to each of these items. These ratings help the provider, child/youth and family understand where intensive or immediate action is most needed, and also where a child/youth has assets that could be a major part of the treatment or service plan.”

WISe requires public health insurance eligibility

In addition to meeting criteria based on their symptoms, a young person must be eligible for Apple Health, which is the name for public health insurance in Washington State. The Washington Administrative Code (WAC 182-505-0210) describes Apple Health eligibility standards for children.

Apple Health is most often administered by Managed Care Organizations (MCOs). In 2022, plans are provided by Amerigroup, Community Health Plan of Washington (CHPW), Coordinated Care, Molina, and United Healthcare. Families can request case management from their MCO to help them navigate and understand healthcare options available to them.

An MCO care coordinator/case manager commonly is the person who refers a young person into WISe, although referrals also can be made by the family, a provider, a county health agency, or someone else with knowledge of the circumstances.

Different agencies manage WISe programs in various regions of the state. The Health Care Authority manages a downloadable list of WISe agencies, organized by county. Families can contact their area agency by calling the phone number on this referral list.

Who is on the WISe team?

Team members include:

  • Natural supports (family, friends, religious leaders…)
  • A Care Coordinator (who oversees clinical aspects of the case)
  • Therapist
  • Professionals (clinicians/prescriber if needed, Child Protective Services, probation officers and others who are relevant)
  • Certified peer support specialist
  • Others upon request (youth peer, school staff…)

The clinical group creates a Team Vision Statement, explaining what they plan to achieve and how they will accomplish it through collaborative work. The family also creates a Vision Statement, showing what strengths they would like to build in their family and what tools they need to make their goals possible.

WISe requires family engagement

The time commitment for WISe is significant. Clinicians engage with the whole household on topics related to school, health, work, relationships, home organization, and more.

WISe publishes data about its service delivery. According to January 2021 Service Intensity Estimates, an average family spends 10 or more hours per week engaged with WISe services. This could be much higher, especially in the beginning. Parents/Caregivers are offered therapy sessions and opportunities to engage with parent peers. 

WISe clinicians are responsible to integrate their work to fit with a family’s schedule, often seeking creative ways to tuck sessions into already busy days. For example, a clinician describes a day when they picked up a child at school and conducted a session in the car while driving the child to their next activity. After work, parent met with the clinician while the adults watched the child swim.

Family experiences with WISe are varied. Some say WISe created a critical turning point that enabled family survival. Others cite high staff turnover as a barrier to ideal therapeutic outcomes. The program is most effective with buy-in from the young person and their caregivers and when services are provided to match family needs and schedules.

Does my child have to agree to WISe services?

WISe is a voluntary program. Families may be able to motivate their child to participate by getting services started through Family Initiated Treatment (FIT). FIT was established as a pathway to treatment for youth 13-17 when Washington passed the Adolescent Behavioral Health Care Access Act in 2019. A parent/caregiver can initiate outpatient services to attempt to get the youth to engage. If after 12 visits (within 3 months) the youth is still unwilling to engage with the treatment, the family must end services. They have the option to engage a different provider to try FIT again.

What if WISe isn’t enough?

The WISe program is the most intensive outpatient program that the state offers. If services don’t seem to be working, the family might check the WISe Service Delivery, Policy, Procedure and Resource Manual to see whether there is more the program could be doing. The family also might check if the child could get additional services from another agency to complement the work with WISe. For example, service providers from a special education program at school or from the Developmental Disabilities Administration (DDA) can collaborate with a WISe team.

If a child needs inpatient services, they may be eligible for a referral into the Children’s Long-term Inpatient Program (CLIP). Children placed on a waiting list for CLIP often receive ongoing services from WISe. PAVE provides an article: Children’s Long-Term Inpatient Program (CLIP) Provides Residential Psychiatric Treatment.

History, Advocacy, and Family Support

WISe was created as a response to the T.R. et al. lawsuit, settled in 2013. The class-action lawsuit named ten plaintiffs who were denied treatment for schizophrenia, depression, bipolar disorder, and other serious psychiatric conditions. Most were institutionalized repeatedly and for extended periods, despite recommendations by therapists and case workers that they return home and receive services in their homes and local communities.

Disability Rights Washington (DRW) provided attorney support for the settlement of the T.R. et al. lawsuit. DRW is monitoring current issues related to children being underserved through WISe and encourages families with concerns to contact attorney Susan Kas: susank@dr-wa.org.

Another result of the legal settlement was a statewide network of stakeholders who meet regularly to discuss what works/doesn’t work within the behavioral health system for youth. That network is called Family, Youth, and System Partner Round Table (FYSPRT). Regional FYSPRTs report to a statewide FYSPRT to share input for system improvement. Regional groups are a hub for family networking and emotional support in addition to serving as a place to engage with community health providers, insurance case managers, and other professionals. Some FYSPRTs have distinct groups for young people to meet and support one another. Many FYSPRT groups use online meeting platforms due to the pandemic.

Another place for families engaged in behavioral health services to network is Washington State Community Connections (WSCC), which sponsors an annual family training weekend, manages an SUD Family Navigator training, and offers a variety of ways for families to share their experiences and support one another. WSCC in 2022 is engaged in work to help build a statewide website to help families navigate behavioral health services across systems. Stay tuned!

Families can get direct support from A Common Voice, a statewide non-profit staffed with Parent Support Specialists who have lived experience parenting a child with challenging behavioral health conditions. The program offers virtual support groups and 1:1 help. A Common Voice is part of the Center of Parent Excellence (COPE), managed by the state’s Health Care Authority. The COPE project website provides a schedule of support group meetings and contact information for regional lead parent support specialists.

An informal place to connect with other families is a Facebook group called Healthy Minds Healthy Futures. Advocates in this group initiated work for an interactive website for parents and are engaged in a push for HB 1800 to expand behavioral health services for minors statewide.

Families wanting to advocate for system change can participate in meetings of the Children and Youth Behavioral Health Work Group (CYBHWG). The work group was created in 2016 by the Legislature (HB 2439) to promote system improvement. CYBHWG supports several advisory groups, including one for Student Behavioral Health and Suicide Prevention. The work groups include representatives from the Legislature, state agencies, health care providers, tribal governments, community health services, and other organizations, as well as parents of children and youth who have received services. Meetings include opportunities for public comment. Meeting schedules and reports are posted on the Health Care Authority (HCA) website.

Parity laws, thoughtful language, stopping stigma

Keep in mind that a healthy mind is part of a healthy body, and U.S. laws protect parity for all illness conditions. Despite those protections, discrimination and stigma are commonly discussed within behavioral healthcare systems. Here are a few tips and considerations to help reduce stigma:

  • All behaviors start in the brain, so an impairment that impacts the brain is going to affect behavior. Some behaviors are not a person’s fault; that’s why they need treatment, support, and services.
  • Specific person-first language can help reduce stigma. For example, instead of calling someone bipolar or schizophrenic, say they are a person with bipolar disorder or schizophrenia.
  • An exception to person-first language is in the autism community, which has collectively agreed to use the term “autistic” to describe someone on the spectrum.
  • Saying that someone has “behavioral health,” or “mental health” does not describe their condition or what they need help with. Everyone has mental health! A better choice is to describe the condition/concern and the need for help: “This youth’s schizophrenia is impacting every aspect of life, and they need a range of services and treatments to recover and move forward with their life plans.”
  • A person who dies from suicide did not commit a crime, so the word “commit” is inappropriate to use when discussing suicide.

For additional information on related topics, including areas where behavioral health impacts school, see PAVE’s article: Mental Health Education and Support at School can be Critical

Civil Rights Protect Language Access for Parent Participation in Child’s Education

Posted on by Nicol Walsh

Under state and federal law, all parents have the right to information about their child’s education in a language they can understand. This information is translated on handouts in multiple languages from the Office of Superintendent of Public Instruction (OSPI).

Language access includes translated documents and an interpreter for meetings and conversations. Parents have the right to these services even if they speak some English. These rights are unchanged if the student can speak or read English.

Meetings and Conversations 

When families talk with teachers or school employees, the school is responsible to offer an interpreter if one is needed. This includes parent-teacher conferences, meetings about special education, or any other conversations about a student’s education.

The school is responsible to provide competent interpreters who are fluent in English and in the family’s language. Interpreters are responsible to understand any terms or concepts used during the meeting. It’s not appropriate to use students or children as interpreters.

The interpreter communicates everything said during the conversation in a neutral way, without omitting information or adding comments. The school ensures that interpreters understand their role and the need to keep information confidential.

The interpreter may be in person, on the phone, or in a virtual space. The interpreter may be a district employee or an outside contractor.

Translated Information

Schools are responsible to translate important written information into the most common languages spoken within their districts. If a family receives information that is not in their language, they have the right to request a translated copy or for a translator to share the information verbally.

The school is responsible to communicate with parents in their language about:

  • Registration and enrollment in school
  • Grades, academic standards, and graduation
  • School rules and student discipline
  • Attendance, absences, and withdrawal
  • Parent permission for activities or programs
  • School closures
  • Opportunities to access programs or services-including highly capable, advanced placement, and English language learner programs

For students with disabilities, families should expect all documents about a student’s services to be translated into their native language. These may include:

  • Meeting invitations
  • Evaluation results
  • Individualized Education Program (IEP)
  • Section 504 Plan
  • Prior Written Notice (PWN)*

*Prior Written Notice (PWN) is a document schools are required to provide to the family after a meeting. The PWN includes notes from the meeting and describes any changes to a student’s services before those changes take effect. Parents have the right to add information or request changes to the PWN.

Questions, Concerns, and Complaints

Language access is a civil right. Districts have staff members responsible for civil rights compliance and non-discriminatory practices. OSPI provides a list of civil rights compliance coordinators statewide, including their email and phone number. Families can reach out to this person to explain what happened and what would fix the problem.

If the concern or disagreement is not resolved, families may file a discrimination complaint.

How to Navigate School for Youth with Mental Health Concerns

Posted on by Nicol Walsh

Staff from PAVE’s Parent Training and Information (PTI) program provided a workshop as part of the statewide virtual conference hosted by NAMI Washington October 16, 2021.

This recorded training provides a general overview of student rights in education. Some information is specific to students impacted by mental health conditions.

The formal content begins about four minutes into the video and ends at about 46 minutes.

Here are a few examples of topics addressed:

  • Does my student have the right to be evaluated for special education if they refuse to go to school because of anxiety?
  • What accommodations are reasonable to ask for?
  • What services might be possible for my student who struggles with emotional regulation?
  • Can counseling be a related service?
  • Are there protections for a student because of suicidal thoughts or attempts?
  • What support is available for a student with a disability condition who isn’t prepared for adulthood because high school got interrupted by the pandemic?

Additional information about mental health education and services at school, the overall layout of youth behavioral health in Washington State, and where to find family support is included in a PAVE article: Mental Health Education and Support at School can be Critical.

To seek education, training, and support from the National Alliance on Mental illness, look for a virtual training or information about a local affiliate near you, listed on the NAMI WA website.

One place to access behavioral health services for children and youth anywhere in Washington is through the Seattle Children’s Hospital Mental Health Referral Service: 833-303-5437, Monday-Friday, 8 a.m. to 5 p.m.

Families and young people can reach out for individualized assistance from PAVE’s Parent Training and Information (PTI) staff at PAVE. Click Get Help or call 800-572-7368.

After you view the video, please take a quick moment to complete our survey. Your feedback is valuable!

Disability Rights for Littles: Key Information for Families of Babies, Preschoolers, and Primary-School Children

Posted on by Nicol Walsh

This two-part video series provides information about the rights of babies, toddlers, and young children with developmental delays or disabilities.

Part 1 provides information about early support services for babies through age 3. An interactive exercise is included to help families better understand how to participate in development of functional outcomes as part of the Individualized Family Service Plan (IFSP). The video includes information about how early support services are provided and delivered in Washington State and where to begin. Keep in mind that early services are provided in the natural environment—places where babies and toddlers would spend their days if there was no disability.

Part 2 includes information about the transition from early services into preschool and primary school. Families will learn how decisions are made about eligibility for an Individualized Education Program (IEP) and how to participate in educational decision-making for their child. Inclusion in general education is covered, with information about federal requirements for services in the Least Restrictive Environment, to the maximum extent appropriate. The video explains the components of an IEP and provides advocacy tips to support parents and children throughout their educational years.

Families can reach out for individualized assistance from our Parent Training and Information (PTI) staff at PAVE. Click Get Help or call 800-572-7368.

After you view the video, please take a quick moment to complete our survey. Your feedback is valuable!