Evaluations Part 2: Next Steps if the School Says ‘No’

A Brief Overview

  • If the school denies a request for a special education evaluation or does an evaluation and determines a student is ineligible for services, families have options. Read on for information about some possible next steps.
  • When there is a dispute about a district’s evaluation, one option is to request an Independent Educational Evaluation (IEE) from a provider outside of the school district. This article includes a sample letter to help with that process.
  • Families are protected by Procedural Safeguards, which guarantee a specific process for special education and offer families the right to file formal complaints when they disagree with school decisions.
  • PAVE’s Parent Training and Information (PTI) staff supports families navigating educational services. Click Get Help at wapave.org to request 1:1 support.

Full Article

Parents have a variety of choices if the school denies a request to evaluate a student for special education or if the school does an evaluation and finds the student ineligible for services through an Individualized Education Program (IEP). Here are some options to consider.

Is disability a factor?

A student qualifies for IEP services when three prongs of eligibility are met through evaluation:

  1. A disability is present.
  2. The disability condition causes significant adverse educational impact.
  3. The student needs Specially Designed Instruction (SDI) and/or related services, such as speech, occupational, physical or another therapy to meet an educational need. 

Keep in mind that a student does not need to meet all three prongs in order to be evaluated. In accordance with the Child Find Mandate, the school district must evaluate a child if there is a known or suspected disability that may have significant impact on learning. The findings of evaluation consider the three prongs listed above.

When considering whether disability is impacting educational access and outcomes, it’s helpful to review the eligibility categories outlined by federal special education law, the Individuals with Disabilities Education Act (IDEA):

  • Autism
  • Emotional Disturbance
  • Specific Learning Disability
  • Other Health Impairment
  • Speech/Language Impairment
  • Multiple Disabilities
  • Intellectual Disability
  • Orthopedic Impairment
  • Hearing Impairment
  • Deafness
  • Deaf blindness
  • Visual Impairment/Blindness
  • Traumatic Brain Injury

In Washington State, children through age 9 may be eligible for services under the category of Developmental Delay. The Washington Administrative Codes (WAC 392-172A-01035) provide detail about eligibility in each category.

Keep in mind that the educational impact of a disability can be assessed with or without a formal diagnosis from a medical provider.

Was your request in writing?

Referrals for special education evaluation are best made in writing. If an initial request was made and denied verbally, start again with a formal letter sent through email, certified mail or in person. PAVE provides a letter template and more information for evaluation requests in an article: Sample Letter to Request Evaluation.

Address the letter to a district special education director or program coordinator, and cc an administrator at the student’s school. Make sure to include the student’s full name and birthdate, a clear statement of request for evaluation in all areas of suspected disability, and details about the concerns. If relevant, attach letters from doctors, therapists or other providers who support the request. The letter should include complete contact information and a statement that parent is prepared to sign consent for the evaluation to begin.

Ask for the decision in writing

The school is required to respond through a formal letter, called Prior Written Notice (PWN), to explain its rationale for moving forward with an evaluation or denying the request. If the school’s rationale for denial is confusing or incomplete, ask for detail in writing.

School evaluators cannot refuse to evaluate because of budgetary constraints. Impacts of COVID-19 delayed some evaluations in spring 2020, but the pandemic is not an explanation for evaluation denial.

Schools cannot refuse to evaluate because they want to try different instructional methods. School staff might use the term Response to Intervention (RTI). Although it might be useful for the school to research its teaching methods, this cannot be the basis for refusing to evaluate a student with a known or suspected disability.

Request a meeting

Discussing a student’s difficulties in a meeting, in-person or virtually, can help school staff understand a parent’s level of concern. A district representative, such as a director of special education, can provide insight about the process and additional options. Parents can invite a support person to take notes and help track the conversation.

Is a Section 504 Plan appropriate?

If a student has a known disability, with some educational impacts, but there is no documented need for Specially Designed Instruction (SDI) and/or related services, the student might qualify for accommodations provided through a Section 504 Plan.

Section 504, which is part of the Rehabilitation Act of 1973, defines disability as an impairment that impacts a major life activity. A formal evaluation is helpful but not required, and parent involvement is best practice. The team asks:

  1. Does the student have an impairment?
  2. Does the impairment limit one or more major life activities?

If the answer to these two questions is yes, the school can develop a plan to support the student within the general education setting. Assistive technology and modifications to the curriculum can be part of the plan, which includes individualized accommodations to ensure the student is able to access school in ways that are equitable. PAVE provides an article with more information about Section 504.

File a complaint and/or get outside help

Families are protected by Procedural Safeguards, which guarantee a specific process for special education and offer families the right to file formal complaints when they disagree with school decisions. Mediation, Citizen Complaint, and Due Process are options for dispute resolution in special education. The Office of Superintendent of Public Instruction (OSPI) provides assistance to navigate these processes through a Special Education Parent Liaison.

PAVE’s Parent Training and Information (PTI) staff supports families in their communication with schools. Click Get Help at wapave.org to request 1:1 support.

Another option for support with family/school collaborations is the Governor’s Office of the Education Ombuds.

Request an Independent Educational Evaluation (IEE)  

If family caregivers disagree with a district’s evaluation result, the family can request an Independent Educational Evaluation (IEE). An IEE can offer additional information that may support the need for Specially Designed Instruction (SDI) and/or related services.

If the school district denies a request for an IEE at public expense, the district must initiate a due process hearing within 15 calendar days to show that its evaluation was appropriate.

When an IEE request is accepted, the school district provides a list of independent evaluators. Parents have discretion to call each one or to seek an alternative evaluator before choosing who will evaluate the student. The school must consider the results of the IEE when deciding whether the student qualifies for special education programming.

Sample letter to request an IEE

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

Your Name

Street Address

City, State, Zip

Date

Name (if known, otherwise use title only)

Title/Director of Special Education/Program Coordinator

School District

Street Address

City, State, Zip

Dear Name (if known, otherwise use title only):

I am requesting an Independent Educational Evaluation (IEE) for my (son/daughter), (NAME) (BD: 00000000). Please provide me with information about outside agencies in our area that can provide this evaluation.

The school conducted an evaluation (date range of evaluation) to determine whether (NAME) is eligible for special education programming. I disagree with the results of that evaluation for the following reasons: (be as specific as you can; one reason may be that you don’t believe that all areas of suspected disability were appropriately evaluated)

  • Use bullet points if the list becomes long.
  • Use bullet points if the list becomes long.
  • Use bullet points if the list becomes long.

I have attached documentation from (list any outside providers who provided letters supporting your request). Please note that (highlight any particularly important recommendations from those attached documents).

I understand that the school can provide this IEE at no cost to me. I also understand that the school may initiate a due process hearing if denying my request. Upon request, I can provide more detail about my objections to the school’s evaluation.

Please Note: It is the policy of PAVE to provide support, information, and training for families, professionals, and interested others on a number of topics. In no way do these activities constitute providing legal advice. PAVE is not a legal firm or a legal services agency.

Tips for Communicating as a Member of the IEP Team

A Brief Overview

  • When families and schools meet to discuss a student’s special education program, they can find Common Ground by remembering that everyone wants the student to receive a Free Appropriate Public Education (FAPE).
  • Two short videos, A Tale of Two Conversations, provide a quick look at how a meeting might feel like one long argument or a helpful collaboration. The difference starts with preparation and approach.
  • Read on for tips about getting ready for a collaborative meeting.
  • The Office of Superintendent of Public Instruction (OSPI) also provides information about parent and student rights.
  • PAVE has prepared a Communications log sample for you to use.

Full Article

Whether on Zoom or around a conference table, sitting down with a team of professionals can feel intimidating to families. When a child’s Individualized Education Program (IEP) is on the agenda, emotions can overtake a meeting. Getting defensive or angry does not usually help, however. This article provides tools for staying organized, open minded, and on topic to improve the work of meetings—and student outcomes.

A basic special education vocabulary boosts empowerment, and empowered families generally feel more confident at their meetings. Here is a key word to know:

Free Appropriate Public Education (FAPE)

A student with an IEP has the right to FAPE. That right is protected by federal law—the Individuals with Disabilities Education Act (IDEA). To meet the standard of FAPE, special education services are accessible to the student. Accessible means the services work as designed to enable progress appropriate, in light of the child’s circumstances.

A student receiving FAPE with appropriate, accessible services demonstrates steady progression toward mastery of skills. Those skills are being taught with specially designed instruction (SDI). As skills are learned, progress is measured through goal tracking. Meaningful progress indicates that the student is accessing FAPE.

Mastery can enable a sense of belonging. When the student feels capable, connected, and responsible within the school community, things generally run more smoothly for everyone.

In other words, FAPE is the result when everyone works together for the benefit of the student and meaningful learning happens. When a student is successful, the IEP team has done its job well and everyone can celebrate!

Here is a more formal way to talk about FAPE: Under the IDEA, FAPE requires an IEP reasonably calculated to provide progress appropriate, in light of the child’s circumstances.

FAPE provides a place to begin

When families and schools meet to talk about a child’s services, everyone can begin with FAPE as the overarching goal. FAPE provides Common Ground for the discussion. Everyone on the team wants FAPE:

  • The school district is required by law to provide FAPE to IEP-eligible students.
  • Teachers are happy when their students are successful.
  • The family wants a child to learn in a meaningful way.
  • The student wants to feel confident and proud.

Common Ground is not always where meetings begin

Problems arise in meetings when school staff and/or family members start the conversation far from Common Ground. The Center for Appropriate Dispute Resolution in Special Education (CADRE) has designed a curriculum to support families and schools in their discussions. Two short videos, A Tale of Two Conversations, provide a quick look at how a meeting might feel like one long argument or a helpful collaboration. The difference starts with preparation and approach.

To avoid a meeting that feels like a fight, the parent may want to start the meeting with some general comments to help school staff better understand the student and to gently remind the team that years of parenting have led to some expertise about a specific child.

For example, an IEP or a behavior plan might say that a student is “defiant” or “refusing” to do work. Those types of statements can make a parent feel defensive. Showing up angry probably will not lead to a productive meeting. Instead, a parent may come to the meeting prepared to explain that the student lacks confidence and would rather appear defiant than “stupid.” Maybe the parent has been able to talk to the student about their frustrations and can bring statements or requests directly from the student.

Another way to find common ground is to prepare open-ended questions and bring those to the table first, before offering suggestions or requests. For example, if a parent shows up and demands a 1:1 right at the start of the meeting, the conversation might quickly devolve into an argument about resource problems. If a parent comes ready to talk about what is not working for the student and concerns for their child’s learning and well-being, there is an opportunity to build empathy and problem-solving.

Climb mountains as a team

Firm predetermined “solutions” from any side can position school staff and family members far from collaboration, like the peeks of two mountains unable to ever meet in the middle.

Consider collaborative problem-solving as a project that starts at the intersecting bases of two mountains, on Common Ground. Shared expectations and assumptions are a good place to begin for an open-minded discussion. Here are a few conversation starters to consider:

  • According to these progress reports, the student is getting good at … How might we use that emerging skill to scaffold skill-building in this other area?
  • My student is not making as much progress as I expected in this area… Can we talk about strategies for improving progress?
  • This assignment, grade, or record shows that the student struggles to … Is there another approach to services or placement that we have not considered yet as a team?
  • I notice that this IEP goal is written to help the student “stop” doing an unwanted behavior. Can you help me understand the skill that is being taught, and can we rewrite the goal to focus on measuring progress toward the expected skill or behavior?
  • From what I see here (data/evidence/observations), this service is not working or is not accessible to the student. My theory about this is… Does anyone here have a different theory about what might be going on?

Here are some big-picture concepts for productive collaboration:

  • Trust is at the heart of positive working relationships.
  • Family members and educators can develop trust by showing personal regard, respect, transparency, and integrity. These may be particularly important for trust to grow among people of different cultures.
  • Blaming, bringing up the past repeatedly, minimizing another’s opinion, or rushing a conversation can create barriers to collaboration.
  • A neutral third party may be needed to resolve issues and rebuild relationships.

Prepare for the meeting

Request any documents that are going to be discussed at the meeting ahead of time. Review the documents in preparation for the meeting and mark down any notes for discussion. Whether meeting to discuss an IEP, a Section 504 Plan, behavior, ancillary services, or something else, families are better served when they prepare. To help families organize their concerns and requests, PAVE offers a format for designing a Handout for the Team Meeting. An alternative version supports self-advocates: Students: Get Ready to Participate in Your IEP Meeting with a Handout for the Team.

Leave with an action plan

At the end of the meeting, review what has been decided and be sure to make notes about any action steps, deadlines, or assignments. Be sure to note:

  1. What is the action?
  2. When will it happen?
  3. Who is responsible?

Schedule a follow-up conversation or a plan to communicate about anything that is not firmly decided. After a formal meeting, the school sends parents a Prior Written Notice (PWN) to describe any changes being made to a student’s services and when those changes will take effect. Parents with their own notes about the action plan will better understand how to read the PWN and whether there are unresolved topics.

Procedural Safeguards provide additional options

If a meeting leaves too many issues unresolved, parents can review their procedural safeguards to make a choice about what to do next. A copy is offered by the school at all formal meetings, and parents can also request a copy any time. The Office of Superintendent of Public Instruction (OSPI) also provides information about parent and student rights.

Parents have the right to disagree with the school and to pursue resolution by:

The collaboration strategy being explained. Meet on common ground. A depiction of two mountains are shown, one represents family and the other mountain represents the school. Both family and school push against each other to form a smaller overlap triangle called FAPE - that represents the common ground.

Key Information and Creative Questions for Families to Consider During COVID-19 Closures

A Brief Overview

  • Districts are responsible to provide a Free Appropriate Public Education (FAPE) to students within their boundaries with known or suspected disabilities that significantly impact access to learning. Read on to learn more about FAPE and student rights.
  • Federal and state requirements to ensure that children with qualifying disabilities can access early learning services and make the transition to school-based services if eligible at age 3 are still in place, without waivers. PAVE provides an article: Early Intervention: How to Access Services for Children Birth to 3 in Washington.
  • Students retain the right to access high-school transition and vocational rehabilitation services. PAVE provides an article: Ready for Work: Vocational Rehabilitation Provides Guidance and Tools.
  • Families might be interested in attending a school board meeting to learn more about decisions being made at this time. Read on for more information about Open Meetings.
  • The final section of this article includes creative conversation starters, some ideas and prompts that might help your family prepare to talk with school staff.

Full Article

With schools closed and lives disrupted by the COVID-19 crisis, families impacted by disability have unique questions. This article includes key information about student rights and creative conversation starters that family caregivers might consider when planning to meet with school staff over the phone, through written communication or over a web-based platform.

Student rights have not been waived

Students with disabilities have protections under federal and state laws. Those rights and protections are not waived during the school building closures. While schools are operating, districts are responsible to provide a Free Appropriate Public Education (FAPE) to students within their boundaries with known or suspected disabilities that significantly impact access to learning. The protections of FAPE include the right to:

  • Appropriate evaluation if there is a known or suspected disability condition that may impact educational access (Please refer to PAVE’s articles on Evaluations Part 1 and Child Find for more information)
  • Specially Designed Instruction (SDI) in areas of learning with significant educational impact from the disability and an identified need for SDI
  • Meaningful progress toward goals, which are developed to measure the effectiveness of Specially Designed Instruction (SDI)
  • Accommodations (extra time, videos with captioning or embedded sign language interpreting, accessible reading materials, other Assistive Technology…)
  • Modifications (shorter or different assignments, testing, etc.)
  • Special services (speech/language, occupational or physical therapy through video conferencing, for example)
  • Not get bullied or discriminated against because of a disability circumstance

FAPE rights related to accommodations, modifications and anti-bullying measures are protected by the Rehabilitation Act of 1973 and apply to all students with disabilities, including those who have Section 504 Plans and those with Individualized Education Programs (IEPs). FAPE rights related to evaluation process, SDI, and formal goal setting are aspects of the IEP and are protected by the Individuals with Disabilities Education Act (IDEA).

In accordance with the IDEA, the IEP includes a description of the student’s present levels of academic achievement and functional performance. Special education attorneys Pam and Pete Wright have published books about special education law and maintain a website, Wrightslaw.com. Included during the pandemic is this page: IEPs During the COVID-19 Era: Your Parental Role and Present Levels in IEPs.

The Wrightslaw page encourages parents to read and re-read the present levels statements before meeting with the school. These statements form the basis for the student’s goals and other services. Up-to-date and comprehensive data within the present levels section of the IEP can be key to a successful outcome.

Wrightslaw encourages family caregivers to provide input for the present levels statements and to request further evaluation if the statements are incomplete or out of date. Creativity and collaboration are encouraged to allow for data collection while school buildings are closed: “Parents, never forget why you are essential members of your child’s IEP team. You are essential because your job is to represent your child’s interests. So, you need to be an active member, not a spectator. Your goal is to work with other members of the team to develop IEPs tailored to meet your child’s unique needs.”

No Waivers to Early Learning Requirements

Federal and state requirements to ensure that children with qualifying disabilities can access early learning services and make the transition to school-based services if eligible at age 3 also are still in place, without waivers.

Washington’s Department of Children, Youth and Families (DCYF) provides COVID-19 guidance for families of children in early learning through the Early Support for Infants and Toddlers (ESIT) program. Included is information about the Individual Family Service Plan (IFSP), how to manage a transition from IFSP to school-based services during the pandemic and tips for telemedicine appointments and protection of confidentiality.

The Office of Superintendent of Public Instruction (OSPI) provides guidance to schools in Washington. In early May 2020, OSPI issued guidance specifically related to early childhood programs during the COVID-19 closure. In particular, the document addresses a child’s rights through the federal Individuals with Disabilities Education Act (IDEA).

Services for children Birth-3 are defined by IDEA’s Part C, and school-based services for children 3-21 are defined by IDEA’s Part B. About 3 months before a child with an IFSP turns 3, the school district is responsible to evaluate the child to determine eligibility for an IEP. PAVE provides a general article about the early learning transition process.

According to OSPI guidance, “School districts are expected to move forward with initial Part B evaluations as specified in the Early Childhood Transition from Part C to B Timeline Requirements. School districts must make reasonable efforts to comply with the requirement and may utilize alternative means for conducting virtual assessment and IEP team meetings, such as telephone or videoconferencing.”

Communication is key

How a student of any age accesses FAPE during a national health crisis is a work-in-progress that requires communication and collaboration between schools and families. On its website page titled Special Education Guidance for COVID-19, OSPI provides links to numerous documents that guide schools in best-practice for outreach to families.

On May 5, 2020, OSPI issued a Question & Answer document to address special-education delivery. “This is a national emergency,” the document states, “and districts should be communicating with families and making decisions based on student need and how those services can be provided. There is no one right way to provide services.”

Keep notes about student learning

Schools and families are encouraged to keep notes about student learning and access to educational services. Parents can ask the district to define its official dates of operation. When a school is officially closed, the district is not responsible to provide FAPE, according to OSPI guidance.

State guidance related to the provision of FAPE aligns with federal guidance issued since the pandemic began. On March 16, 2020, the U.S. Department of Education Office for Civil Rights (OCR) and the Office for Special Education and Rehabilitative Services (OSERS) issued a fact sheet describing the federal rights of students with disabilities:

“If the school is open and serving other students, the school must ensure that the student continues to receive a Free Appropriate Public Education (FAPE), consistent with protecting the health and safety of the student and those providing that education to the student.”

IEP and Section 504 meetings are encouraged, and teams can discuss whether Recovery Services are needed to make up for services not provided or accessible due to the circumstances of the pandemic. Documentation from families and schools will support conversations about what was needed and what was provided. Families can collect and share their own observations about progress toward goals and whether materials provided by the school have been accessible.

Families can reach out to School Boards and Counselors

Families are meeting these emergency circumstances from a wide range of places economically, medically, emotionally, and logistically. School districts statewide have different staffing arrangements and approaches, and Washington schools are locally managed and overseen.

Families might be interested in attending a school board meeting to learn more about decisions being made at this time. Families have the option of making public comment at meetings to share thoughts or concerns. School board meetings are required monthly and must follow the state’s Open Public Meetings Act (Chapter 42.30 in the Revised Code of Washington).Families can reach out to their local district for information about how and when school boards meet. The Washington State School Directors’ Association provides a guidebook about the rules for Open Public Meetings. The rules apply in any meeting space or platform.

For additional support, families might consider reaching out to the school counseling office. The president of the Washington School Counselor’s Association, Jenny Morgan, provided comments in a May 7, 2020, webinar moderated by League of Education Voters. She said school counselors provide a broad range of services, from academic advising to social and emotional support. The American School Counselor Association provides a handout describing the roles of a school counselor.

Morgan says school counselors are uniquely trained to address the academic, career, and social/emotional development of all students through a comprehensive school counseling program. “We are advocates for your child’s educational needs,” she says. “Please do not hesitate to reach out to your school counselor for assistance and support. We are here for you.”

Creative conversation starters

Here are some ideas and prompts that might help your family prepare to talk with school staff. Keep in mind that some answers will not be easily provided, and conversations are ongoing.

  • My child struggles to understand social distancing. What strategy can we use to teach and practice this skill so it will be ready to use when schools reopen?
  • What social story does school staff have to share that will be accessible for my student to understand the coronavirus and why we need to stay home and practice good hygiene?
  • How can the school help my student cope with a high level of anxiety, grief, fear (any emotion that significantly impacts a student’s ability to focus on learning)? Which school counselor can help?
  • My child is turning 3 this month. Who can we talk to at the school district to help get our child ready for preschool? 
  • My student does not want to do school right now. How can we work together to motivate my student to participate in learning and do the work?
  • My student wants to cook, research cars, talk about space flight, do craft projects, walk in nature, play with the family dog, plant a garden … right now. How can we make sure that continuous learning objectives match my child’s natural curiosity?
  • My student loves to play the drums (or something else specific). How can drumming and music (or any interest) be part of the math (or other subject) assignment?
  • The homework packet, online platform, etc., is not accessible to my child. How can we work together and create a learning plan that will work for our family at this time?  
  • My child has a health condition that creates a greater risk for COVID-19 exposure. What could school look like for my child if buildings reopen but my child cannot safely re-enter a traditional classroom?
  • My student is in high school. How can we work together to make sure that the IEP Transition Plan and the High-School and Beyond Plan align? Can we invite the school counselor to our next meeting if we need more help?
  • Can my student do a self-directed project or an alternative assignment to earn a grade or meet a specific objective? Is there a modified way to demonstrate the learning, perhaps through a video, an art project, or a conference with the teacher?
  • Who is the transition counselor assigned to our school by the Division of Vocational Rehabilitation (DVR)? What tools and people can my student work with right now to explore career options and prepare for adult life?
  • What can school staff do to make sure that my student’s current education includes progress toward independent living goals? (Note: PAVE’s article, High School Halt, includes more information on topics impacting graduating seniors and youth transitioning through high school and beyond.)

During the coronavirus pandemic, families with students of all ages and abilities are figuring out strategies for coping with the disruptions. This article may provide some help: How to Get Organized, Feel Big Feelings, and Breathe during the crisis.

PAVE provides ongoing 1:1 support. Fill out a Helpline Request online or call 800-572-7368. Language access services are available.

IEP on Pause? How to Support Continuous Learning

A Brief Overview

  • This article provides some considerations for families while students are doing school in new ways during the COVID-19 pandemic.
  • As always, programming for students who qualify for special education services is uniquely designed to address a student’s strengths and needs. Special education law maintains a student’s right to a Free Appropriate Public Education (FAPE), although some aspects of a student’s Individualized Education Program (IEP) may not be deliverable because of health and safety concerns.
  • The Office of Superintendent of Public Instruction (OSPI) in July 2020 issued a guidebook, Reopening Washington Schools 2020: Special Education Guidance, with information for educators and families.
  • Updates and additional handouts for families are available in multiple languages on OSPI’s website: Special Education Guidance for COVID-19.  
  • The Special Education Continuous Learning Plan is provided by OSPI to support but not replace the IEP. Read on for more information about how to make contingency plans so students continue to make progress regardless of where education is provided.

 

Full Article

Some teachers and family caregivers are cooking up clever ways to deliver learning to students during the public health crisis caused by COVID-19. Their recipes for success include carefully built schedules; a mix of curriculum materials that adapt to different settings; regular check-ins between school and family; social-emotional support strategies; and adaptability to address a student’s unique interests, talents, and needs regardless of where education is provided.

If that is not your family’s reality, you are not alone. During this national emergency, families are not expected to have a perfect plan for what to do and how to do it. Neither are schools, which are being asked to redesign themselves by the moment. This article provides some basic considerations for families and schools who serve students with special educational needs. This time of crisis clearly calls for communication, creativity, and unique efforts toward collaboration.

For more about social-emotional support for the family see PAVE’s article, Stay-Home Help: Get Organized, Feel Big Feelings, Breathe. PAVE also provides a library of short mindfulness practice videos for all ages/abilities: Live Mindfully.

School decisions are made locally

Uncertainty about the 2020-21 school year is ongoing. At an Aug. 5, 2020, press conference, Washington State Superintendent Chris Reykdal noted that 2020-21 will be “the most complicated school year in American history.”

WA Governor Jay Inslee stated at the press conference that decisions about whether school buildings are open will be made locally. School board meetings are required monthly and must follow the state’s Open Public Meetings Act (Chapter 42.30 in the Revised Code of Washington). Families can reach out to their local district for information about how and when school boards meet. Public comment is part of each public meeting, and the open meeting rules apply in any space or platform.

No disability rights are waived

Reykdal has encouraged families to stay engaged with their Individualized Education Program (IEP) teams regardless of where the student is learning. “I want to constantly challenge you to work with your school district and reach out,” Reykdal said in April 2020.

“Make sure you understand who is responsible for delivering those services at this time and whether you think that IEP needs to be revisited. That is the right of parents, and that is the relationship that has to happen on the local level. We’ll keep guiding to this. The expectation is clear. We are delivering special education services. We are delivering supports for students with disabilities. There’s no exemption from that. There’s no waiver from that.”

The Office of Superintendent of Public Instruction (OSPI) in July 2020 issued a guidebook, Reopening Washington Schools 2020: Special Education Guidance, with information for educators and families. Included is a section about “recovery services” to support students who have fallen behind because of the pandemic.

TIP: Collaborate, communicate, keep careful records

Documentation about what is happening with the student is key to discussions about the IEP moving forward and whether the student gets recovery services. Family caregivers and school staff can collect and share notes that address these questions and more:

  • Have educational materials been accessible during distance learning?
  • What learning location will work for this student and the family moving forward?
  • When or how often has the school communicated with the family, and what could improve that communication?
  • Does the student have the tools and technology needed for learning?
  • Where has the student made progress? (any bright spots?)
  • Where has the student lost ground? (any lost skills?)
  • What else needs to be addressed to meet the unique needs of this individual student, so the student can make progress appropriate, in light of the child’s circumstances?

Recovery services are not the same as compensatory services

To determine whether recovery services are needed, OSPI encourages IEP teams to:

  1. review progress toward IEP goals, and
  2. assess progress toward grade-level standards within the general education curriculum.

Both points are standard aspects of a student’s right to a Free Appropriate Public Education (FAPE), protected by the Individuals with Disabilities Education Act (IDEA). The IDEA is the federal law that entitles eligible students to an Individualized Education Program (IEP). IDEA rights are not waived due to COVID-19.

OSPI makes clear that recovery services are part of the school day and are not the same as “compensatory services,” which are educational opportunities provided outside of regular school to make up for IEP services that were not provided even though the student was available to receive them. A student may qualify for compensatory services if it is determined through a dispute resolution process that the standard of a Free Appropriate Public Education (FAPE) was not fully met in the provision of special education.

Recovery services, on the other hand, are considered in the context of the national health emergency that impacted all students and staff within the system. OSPI’s 2020 special education guidance document states: “The extent of a student’s recovery services, if needed, must be an individualized determination made by the IEP team, considering individual student needs, in the context of instructional opportunities provided to all students during the school facility closures.”

TIP: Consider a child’s total circumstances

Keep this in mind: A student with an IEP has the right to FAPE—Free Appropriate Public Education. To meet the standard of FAPE, a school provides an individualized program that is “reasonably calculated to enable the student to make progress appropriate, in light of the child’s circumstances.” That phrase is part of IEP case law, from a 2017 Supreme Court ruling referred to as Endrew F.

A child’s circumstances include, but are not limited to:

  • Strengths, talents, assets
  • Disability
  • Family (work schedules, finances, housing…)
  • COVID-related impacts (distance learning, medical fragility of self or family member, grief from a loved one’s death or economic hardships…)
  • Mental health (impacts of social isolation, loss of friendship connections…)
  • Whatever is true for the individual child!

A key question for all IEP teams: How can we create equitable educational opportunities, in light of all of these aspects of the child’s circumstances?

Section 504 protects students too

The Rehabilitation Act of 1973 also provides FAPE protections, and none of those rights are waived because of COVID-19. Section 504 is part of the Rehabilitation Act, so students who receive support through a Section 504 Plan have civil rights protections under that federal law. Students with IEPs have Section 504 protections in addition to the protections of the IDEA.

School staff and families might discuss whether a student on a Section 504 Plan has made adequate progress within the general education curriculum and whether the accommodations and modifications in the plan are correctly adjusted for the student to access learning in light of the pandemic. Families and schools can discuss what additional supports are needed so the student can access the curriculum equitably.

Recovery services may support academics or social emotional learning

OSPI provides a few examples of recovery services to help families and schools think creatively about what is possible:

  • A student who regressed behaviorally during the closure may need new or different positive behavior interventions during the school day.
  • A student who lacked social skills opportunities during the closure may need additional instruction in social communication.
  • A student who lost academic skills during the closure may need additional supplementary aids and services in the general education classroom.

How and when additional services are provided is up to school/family teams to consider and may depend on the district’s reopening schedule. Some recovery services may be deliverable through distance learning, while others may require schools to be fully open.

Focus on key elements of learning

Within the Inclusionary Practices section of its reopening guidance, OSPI highlights four core areas that support planning and teaching students with disabilities in a variety of learning environments:

  • Family Partnerships and Communication to foster continuity of learning, high expectations, and support to students through shared goals and partnerships between home and school.
  • Student Engagement to maintain knowledge and skills, feelings of connectedness, curiosity, and a love of learning while progressing toward benchmarks and standards.
  • Social-Emotional and Behavioral Supports to create positive learning experiences and shared understanding of expectations to help students achieve learning goals.
  • Instructional Delivery and Universal Design for Continuous Learning to create conditions that make learning accessible, stimulating, relevant and rewarding so students will make academic gains and develop self-determination.

TIP: Parents parent, teachers teach

Parents can consider that first and foremost, their role is to parent. When all schools were in distance-learning mode, the Florida Inclusion Network provided Tips for Families in Supporting Their Children with Disabilities in Virtual Formats. Included is this recommendation:

“It can be confusing for students if families try to assume the role of teacher. Explain to your child that their teacher is still their teacher, and that you are in communication with the teacher to help them learn at home.”

Presume competence and maintain high expectations

OSPI’s resource about special education access in the 2020-21 school year contains a chapter called Inclusionary Practices Across the Continuum of School Reopening Models. The first paragraph states (emphasis added):

“In the context of change, students with disabilities are most successful when educators and families presume competence in what they are capable of learning and accomplishing in school. Rather than view student challenges or inability to meet learning objectives in new and different learning environments as a deficit in the student due to a disability, recognize how instruction or environments may be affecting what a student learns and how they demonstrate what they know.

Students learn best when they feel valued and when people hold high expectations. When students cannot communicate effectively, or behavior impedes participation and learning, explore multiple pathways for understanding and assume students want to learn but may have difficulty expressing their needs.”

Least Restrictive Environment (LRE) encourages inclusion

Federal special education law (IDEA) entitles students to individualized education in the Least Restrictive Environment (LRE) to the maximum extent possible. While education is being provided in a mix of environments, IEP teams may need to think in new ways about how the right to LRE is protected.

The National Association of State Directors of Special Education (NASDSE) issued a policy brief regarding LRE in the wake of COVID-19. The brief includes examples of how LRE might be provided for a student in a virtual, hybrid, or traditional model of school. For example, a fictional 3rd grader with special education services to support learning in math and English Language Arts (ELA) could attend a virtual classroom with all students and receive instruction in break-out rooms with math and ELA teachers at additional times.  

The right to LRE is not waived due to COVID-19. “NASDSE stands ready to support its members with the effort of ensuring all students receive FAPE in the LRE,” the brief concludes.

Language access is protected

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

A Continuous Learning Plan may help with organization

A Special Education Continuous Learning Plan is a tool developed by the state in spring 2020 to help IEP teams make contingency plans. The plan does not replace a student’s IEP, but rather documents individual decisions for special education services when a student is not fully attending in-person school.

The plan is part of a downloadable document published April 7, 2020: Supporting Inclusionary Practices during School Facility Closure. Glenna Gallo, assistant superintendent of special education, worked with many agency partners to design the 31-page guidance document. The introductory paragraphs include the following statement:

“Providing equitable access and instruction during these times will require creative and flexible thinking to support continuous learning, where students and educators are in different locations. Educators and families should explore creative ways to respond to diverse languages, cultures, socio-economic status, abilities, and needs.”

Review the Present Levels of Performance

To consider what is most important for learning, regardless of where education is provided, IEP teams can carefully review the present levels of academic achievement and functional performance, which is the first section in a student’s IEP. Special education attorneys Pam and Pete Wright have published books about special education law and maintain a website, Wrightslaw.com. Included during the pandemic is this page: IEPs During the COVID-19 Era: Your Parental Role and Present Levels in IEPs.

PAVE also provides an article and a handout to help families participate in the goal-setting process: IEP Tips: Evaluation, Present Levels, SMART goals.

Request an IEP meeting to clarify how services are provided

Family caregivers can request an IEP team meeting any time there are concerns. For health and safety reasons, the meeting may be virtual, by phone, in a park…. Teams can get creative to meet all needs. PAVE provides an article about requesting a meeting and a letter template to support a written request. An additional article: Quick Look: How to Prepare for a Virtual Meeting.

While reviewing and amending the IEP, the team might consider the “service matrix,” which is the chart on the IEP document that shows how many minutes of each service a student receives, and which school staff are responsible to provide the service. An IEP team might decide to amend the matrix to reflect services provided remotely versus services provided in person at school.

Another option is to document on the IEP matrix the services to be provided when in-person school fully resumes and to use the optional Continuous Learning Plan template to document contingency plans during remote learning.

Before meeting with the school, family caregivers may want to design their own Handout for the Team to share their specific ideas and concerns.

Big Picture goals to consider

OSPI’s guidance includes the following tenets of inclusionary practices:

  • All students feel a sense of belonging and value, as full members of the school community.
  • All students have access to equitable and high-quality, meaningful instruction.
  • Instruction is culturally responsive, and student and family centered.

TIP: When communicating with school staff, families can have these tenets ready and request that each one is addressed somehow through the planning.

Additional ideas to support families

  • If a child is doing school from home, try to set up comfortable, adaptable spaces for learning. Include alternatives to sitting for children who need variety, sensory support or more movement. If the IEP includes accommodations for special seating, consider if those ideas could work at home.
  • On days when school is integrated with home life, establish a schedule that includes breaks (recess/nature walks) and activities of daily living. The amount of academic time needs to consider all impacted family members. Here are sample family schedules: COVID 19 Schedule From MotherlyGet-Organized-Mom.comHomeschool.
  • Make sure each day includes time away from screens to reduce eye strain and fatigue from being in one physical position too long.
  • During academic learning time, limit distractions from siblings, gaming devices, tablets, television shows, etc.
  • Find or create support networks. Some Parent-to-Parent groups are meeting virtually, and individuals can make agreements to check on each other. The Arc of Washington State provides information about regional P2P networks.
  • Be patient with your child, teachers, medical providers, and yourself. No one has ever been here before, and all are trying to figure it out.

PAVE staff are available to provide 1:1 support. Click Get Help at wapave.org to fill out a Helpline Request form. For additional resources related to the pandemic itself, see Links to Support Families During the Coronavirus Crisis.

 

Fall 2020: Ready or Not

Washington State Superintendent Chris Reykdal predicts that 2020-21 will be “the most complicated school year in American history.” In preparation, the Office of Superintendent of Public Instruction (OSPI) is turning out new guidance for school districts that serve more than a million students.

About 143,000 Washington students receive special education and related services. No federal or state protections for students with disabilities are waived due to the pandemic.

Decisions about what school looks like are left to local districts, which follow policies established by elected school boards. School board meetings are required monthly and must follow the state’s Open Public Meetings Act (Chapter 42.30 in the Revised Code of Washington). Families can reach out to their local district for information about how and when school boards meet. Public comment is part of each public meeting, and open meeting rules apply in any space or platform.

Among OSPI guidance released in summer 2020 is a 60-page booklet: Reopening Washington Schools 2020: Special Education Guidance. Recommendations encourage schools to collaborate with families in providing equitable access to learning opportunities and to include all students when designing curricula for a range of delivery methods.

PAVE provides an article that summarizes some content from OSPI’s guidance and provides more detail about navigating special education regardless of what school looks like: IEP on Pause? How to Support Continuous Learning.

Reykdal and WA Governor Jay Inslee spoke Aug. 5, 2020, at a press conference about school decision-making amid the nation’s ongoing struggle to contain the COVID-19 pandemic. Gov. Inslee said he would not order the closure of all schools, as he did in spring 2020. Instead, Inslee said he would rely on local districts to use sound judgment about whether school buildings can open safely, in light of a region’s health data.

At the August press conference, Inslee announced plans to send $8.8 million in federal CARES Act stimulus money to OSPI, which will use some funds to cover the costs of internet for students eligible for free or reduced-price meals. OSPI has committed to partner with community-based organizations to help families secure childcare, engage in language translation services, and other parent and family engagement strategies.

CARES Act funds also will support professional development to upgrade how distance learning is delivered statewide. In partnership with OSPI, the state’s nine regional educational service districts (ESDs) will provide support and training to help districts choose a consistent online platform and train staff about best practices. “Last spring, we heard consistently from educators that they needed more training on how to effectively use online learning management systems,” Reykdal said, adding:

“To make online learning more effective this fall, we have to streamline this. Students and parents should be able to focus on learning, and educators should be focused on teaching, without the modality of the instruction getting in the way. Our ESDs will provide educators with training in a handful of learning management systems consistent with guidance we have already sent to districts to simplify their remote learning management systems for families.”

Reykdal and Inslee encouraged school districts in areas of the state with low rates of COVID-19 infection to prioritize face-to-face instruction for those who are most likely to struggle with remote learning: elementary schoolers and those with disabilities. 

In circumstances where in-person school is offered, families will make their own decisions about whether to send children or keep them home. Here are a few tools families might use to prepare for the school year:

  1. Is the rate of infection in the community going down?  
  2. Does the community have a clear protocol for testing and contact tracing?  
  3. Does the school provide a clear protocol for what to do if/when a student or staff member tests positive for COVID-19? 

State Standards Guide Social Emotional Learning for all Ages and Abilities

A Brief Overview

  • Social Emotional Learning (SEL) is a lifelong process through which children and adults effectively manage emotions, reach toward goals, experience empathy, maintain positive relationships, and make responsible decisions.
  • In school, all students participate in SEL as part of Multi-Tiered Systems of Support (MTSS). Specific SEL instruction can also be part of a student’s Individualized Education Program (IEP).
  • Washington State adopted formal Social Emotional Learning Standards January 1, 2020. The Office of Superintendent of Public Instruction (OSPI) provides an SEL website page with resources for educators, families, and community members.
  • A 12-page SEL equity brief focuses specifically on issues of equity as they relate to race, culture, and economic status.
  • A state law that took effect June 11, 2020, further compels work related to SEL. HB 2816, which was inspired and supported by activist parents, requires the Washington State School Directors’ Association (WSSDA) to develop a model policy “for nurturing a positive social and emotional school and classroom climate.”

Full Article

A child’s ability to understand, communicate, and manage emotions is critical to learning. So are skills that enable a child to socialize, self-motivate, empathize, and work collaboratively. Schools call this area of education Social Emotional Learning (SEL).

SEL is not just for children. According to the Collaborative for Academic, Social, and Emotional Learning (CASEL), “SEL is the process through which children and adults understand and manage emotions, set and achieve positive goals, feel and show empathy for others, establish and maintain positive relationships, and make responsible decisions.”

Students with disabilities may qualify for Specially Designed Instruction (SDI) in social and/or emotional areas of learning as part of an Individualized Education Program (IEP). Eligibility for SDI is determined through evaluation, and schools use various instruments to assess whether a student has a disability affecting social or emotional skills to an extent that education is significantly impacted. If so, the student’s IEP will support learning in those social/emotional areas, and goal-monitoring will track skill growth.

Students with IEPs are not the only ones who receive SEL instruction, however. Schools may use curricula to promote emotional understanding, social stories, mindfulness programs, communication circles or other strategies as part of Multi-Tiered Systems of Support (MTSS). MTSS is a framework for improving school-wide social, emotional, and cultural climate. Schools that adopt an MTSS framework deliver SEL to all students (Tier 1) and generally offer Tier 2 and Tier 3 programming to targeted groups or individual students.

Parenting Tip: Ask whether your school uses an MTSS framework

Family caregivers can ask school staff and administrators whether the district operates within an MTSS framework.

  • If the answer is no, ask how school climate is addressed and how SEL is integrated into school-wide programming.
  • If the answer is yes, ask what SEL instruction looks like in the general education classroom (Tier 1) and how specialized lessons are provided to students with higher levels of need (Tiers 2-3). Note that a student who does not qualify for an IEP could demonstrate the need for social/emotional instruction beyond what is provided to most students. Family caregivers can ask for detail about how the school’s MTSS system supports any specific student.

State adopts six SEL standards

Washington State adopted formal Social Emotional Learning Standards January 1, 2020. The Office of Superintendent of Public Instruction (OSPI), which provides guidance to all public and non-public educational agencies in the state, provides an SEL website page with resources for educators, families, and community members. Included is a link to the official letter in which State Superintendent Chris Reykdal adopted the standards, and a collection of resources to support SEL implementation and to further understanding about how families and communities can participate.

A primary document is the 24-page Social Emotional Learning Standards, Benchmarks, and Indicators, which defines the six SEL learning standards and various benchmarks under each. An extensive chart offers practical guidance for assessing each standard for students in Early Elementary, Late Elementary, Middle School, and High School/Adult. The SEL learning standards include:

  1. SELF-AWARENESS – Individuals have the ability to identify their emotions, personal assets, areas for growth, and potential external resources and supports.
  2. SELF-MANAGEMENT – Individuals have the ability to regulate emotions, thoughts, and behaviors.
  3. SELF-EFFICACY – Individuals have the ability to motivate themselves, persevere, and see themselves as capable.
  4. SOCIAL AWARENESS – Individuals have the ability to take the perspective of and empathize with others from diverse backgrounds and cultures.
  5. SOCIAL MANAGEMENT – Individuals have the ability to make safe and constructive choices about personal behavior and social interactions.
  6. SOCIAL ENGAGEMENT – Individuals have the ability to consider others and show a desire to contribute to the well-being of the school and community.

Developmental milestones are charted with a variety of statements that might demonstrate the skill or disposition within an age range.  

  • For example, a late elementary age student might show self-awareness this way: “I can identify and describe physical symptoms and thoughts related to my emotions and feelings (e.g., hot, shoulders tight).”
  • A middle-school student might demonstrate self-efficacy this way: “I can identify specific human and civil rights and freedoms to which everyone is entitled and can understand how to advocate for myself in healthy ways.”

Tip for Parents: Promote SEL at home

Included on the SEL website page is a list of learning activities for families and educators. The eight-page guide includes links to videos, websites, and ready-to-use resources to encourage positive behavior support and helpful communication at home and at school.  Resources are sorted by age and marked to indicate whether they are best suited for family caregivers, teachers, or both.

  • For example, parents of children K-5 might want to click on SEL Games to Play With Your Child to find a resource from Understood.org. One game, Starfish and Tornadoes, helps kids notice how much energy they are feeling inside and when they might need to use their calming skills or ask for help from a trusted adult.
  • A suggestion for grades 5-12 is to Practice Loving-Kindness for Someone you Care About. That exercise from Greater Good in Education provides adaptations for students with disabilities and suggests ways to make the project culturally responsive.

Another document accessible through OSPI’s website is a three-page guide for parents and families, which includes resource linkages to free online training, parenting cue cards with quick answers to typical concerns, and access to other websites with tools and advice specific for various stages of child development. Also included are tips to promote SEL at home by encouraging a child to:

  • Identify and name their emotions, feelings, and thoughts.
  • Identify positive and negative consequences of actions.
  • Demonstrate the ability to follow routines and generate ideas to solve problems.
  • Create a goal and track progress toward achieving that goal.
  • Identify feelings expressed by others.
  • Identify ways that people and groups are similar and different.
  • Demonstrate attentive listening skills without distraction.
  • Identify and take steps to resolve interpersonal conflicts in constructive ways.
  • Demonstrate a sense of community responsibility

SEL guidance supports equity and inclusion

  • Principles listed throughout the state SEL guidance include:
  • Equity: Each child receives what he or she needs to develop his or her full potential.
  • Cultural responsiveness: Culture is viewed as a resource for learning, not a barrier.
  • Universal design: Learning differences are planned for and accommodated.
  • Trauma-informed: Knowledge of the effects of trauma is integrated into policy and practice.

State guidance that describes the SEL standards and benchmarks includes this statement: “Social emotional learning (SEL) happens over the course of a day, a lifetime, and in every setting in which students and adults spend their time.… Effectively supporting social emotional development in schools requires collaboration among families and communities. It also involves building adult capacity to support a school climate and culture that recognizes, respects, and supports differences in abilities, experiences, and ethnic and cultural differences, and celebrates diversity.”

A 12-page SEL equity brief focuses specifically on issues of equity as they relate to race, culture, and economic status. “A white, middle-class model of self that values independence dominates schools,” the brief states. “Students of color and students in low-income communities often experience ‘cultural mismatch’ in education settings that expect forms of expression and participation not aligned with their culture.

“Without explicit attention to equity and cultural diversity, prevalent SEL frameworks, models, and curricula may not adequately reflect the diverse worldviews of students and families.”

Parenting Tip: Attend your local school board meeting to influence decisions

The state’s SEL implementation guide is intended for local districts to use in developing their own school- or community-specific plan to meet the needs of all learners. Because Washington is a local control state, each district is responsible for policy development.

Families have the option of making public comment at meetings to share thoughts or concerns. School board meetings are required monthly and must follow the state’s Open Public Meetings Act (Chapter 42.30 in the Revised Code of Washington). Families can reach out to their local district for information about how and when school boards meet. The Washington State School Directors’ Association provides a guidebook about the rules for Open Public Meetings. The rules apply in any meeting space or platform.

HB 2816 promotes positive school climate

A state law that took effect June 11, 2020, further compels work related to SEL. HB 2816, which was inspired and supported by activist parents, requires the Washington State School Directors’ Association (WSSDA) to develop a model policy “for nurturing a positive social and emotional school and classroom climate.”

The model policy and procedures for its implementation includes specific elements to “recognize the important role that students’ families play in collaborating with the school and school district in creating, maintaining, and nurturing a positive social and emotional school and classroom climate.” In addition, districts “must provide information to the parents and guardians of enrolled students regarding students’ rights to a free public education, regardless of immigration status or religious beliefs; and school districts must provide meaningful access to this information for families with limited English proficiency.”

In accordance with HB 2816, the WSSDA website will post the model policy and procedure by March 1, 2021. School districts are responsible to incorporate the guidance by the beginning of the 2021-22 school year: “School districts may periodically review policies and procedures for consistency with updated versions of the model policy for nurturing a positive social and emotional school and classroom climate.”

SEL is linked to research about Adverse Childhood Experiences

A national movement to incorporate Social Emotional Learning (SEL) is informed by knowledge that trauma profoundly impacts educational outcomes. In the late 1990s, the Centers for Disease Control and Prevention released its first report about Adverse Childhood Experiences (ACEs). Dr. Vincent Felitti, then the CDC’s chief of preventive medicine, boldly proclaimed childhood trauma a national health crisis. The report led to development of an ACEs survey, which scores a person’s likelihood of suffering lifelong physical and mental health impairments resulting from trauma. An ACEs score of 4, the study found, makes a child 32 times more likely to have behavior problems at school.

The data inspired researchers and educators to seek new ways to help children cope so they can manage themselves at school—and in life. A variety of new evidence-based practices were developed to support childhood resiliency. The National Research Council issued this statement in 2012: “There is broad agreement that today’s schools must offer more than academic instruction to prepare students for life and work.”

The 2015 Washington State Legislature directed OSPI to convene an SEL Benchmarks workgroup, and Senate Bill 6620 in 2016 authorized development of a free online training module in SEL for school staff. The bill states that, “In order to foster a school climate that promotes safety and security, school district staff should receive proper training in developing students’ social and emotional skills.” Development of the state SEL Standards furthers that work.

Parenting tip: Work on your own SEL skills

Family caregivers play an important role in fostering SEL by working on their own self-regulation skills. The Collaborative for Academic, Social, and Emotional Learning (CASEL) provides a wide array of resources, including some related to stressors from COVID-19. “We need to pay close attention to our own social emotional needs in order to be the community of adults who best serve our young people,” CASEL advises. “Practice continued self-care strategies, including eating healthy, getting enough sleep, exercising, and finding time to take breaks.” CASEL provides a checklist to reframe your thinking, including ideas about “all-or-nothing” or overgeneralization, for example.

PAVE provides a series of short mindfulness videos for all ages and abilities and offers additional mindfulness and parenting ideas in an article, Stay Home Help: Get Organized, Feel Big Feelings, Breathe.

Parents are a child’s primary SEL teachers

Family caregivers can help foster SEL skills by collaborating with the school. OSPI’s guidance includes this statement: “Parents and families are a child’s first teachers of SEL. As children grow, parents and families continue to support the social emotional lives of their children in the home.”

Here are a few questions parents might ask school staff to collaborate on SEL skill development:

  • How are you helping my child learn from mistakes?
  • If behavior is keeping my child from learning, what skill is lacking?
  • What is a best-practice strategy for teaching the skill that my child needs to learn?
  • Do you have a tool for understanding and regulating emotions that we can use at home also?
  • How is my child learning to “name and tame” emotions? (Dan Siegel, neurobiologist and author of Mindsight, suggests that recognizing and naming a feeling gives a person power to regulate the emotion.)
  • What positive reinforcement is being provided when my child demonstrates a new skill? How are those positive reinforcers tracked through data collection?
  • What is the plan to help my child calm down when dysregulation makes problem-solving inaccessible?
  • Would a Functional Behavior Assessment help us understand what my child is trying to communicate through this unexpected behavior?
  • Can we collaborate to develop a Behavior Intervention Plan so that we are using the same cues and language to support expected behavior?
  • What adult at the school is a “champion” for my child? (Dr. Bruce Perry, whose research supports trauma-informed initiatives, says, “Relationships are the agents of change and the most powerful therapy is human love.”)

Help for Military Families: Tips to Navigate Special Education Process in Washington State

A Brief Overview

Full Article

For families new to Washington State, this article includes state-specific information about special education systems. PAVE wants to extend a warm welcome to your entire family and to let you know that our staff is ready to support you. Information about how to contact PAVE for support is included at the end of this article and through the Get Help section of our website, wapave.org.

If your family has moved here to fulfill a military role, thank you for your service!

One of PAVE’s programs, Parent Training and Information (PTI), helps Washington families be the best advocates they can be for children who need special education support. PTI does this by providing information, training, resources, and individualized support to help parents/caregivers understand their rights and responsibilities, navigate school, and connect with community resources.

Our PTI team of resource coordinators is positioned throughout the state, so be sure to check our calendar of events to see if there might be a training near your local area. PTI offers four toolkits to support your journey:

Following is some basic information to help you start navigating Washington systems.

General Education Information:

  • Our State Education Agency is the Office of Superintendent of Public Instruction (OSPI): k12.wa.us.
  • Local Education Agencies (LEAs) are organized as 295 Districts that operate independently and include a school board governance structure. School boards are responsible to follow the Open Public Meetings Act.
  • There are nine Educational Service Districts that partner with OSPI to provide services for school districts and communities and to help OSPI implement legislatively-supported education initiatives.
  • Charter schools have the same responsibilities as all public and non-public entities when serving students with disabilities.
  • The state has multiple Pathways to Graduation and requires a High School and Beyond Plan for all students.

Special Education Information

  • State law related to the provision of special education is part of the Washington Administrative Code, WAC Chapter 392-172A.
  • Special Education process and parent rights and responsibilities are described in a handbook available for download on OSPI’s website: Procedural Safeguards.
  • A child’s right to a timely evaluation and the school district’s responsibility to seek out and serve students with disabilities is described on OSPI’s website as an aspect of Child Find.

Common Questions/Answers and linkages for further information in Washington State

  • Where can parents get information about services for infants, Birth-3? The state’s Department of Children, Youth and Families (DCYF) administers a program called Early Services for Infants and Toddlers (ESIT): Email: ESIT@dcyf.wa.gov, Phone: 360-725-3500
  • What is the agency that administers Medicaid? Medicaid is called Apple Health. Applications are managed through the Health Care Authority (HCA), which oversees various Managed Care Organizations (MCOs) to provide health plan options. For more information, visit: hca.wa.gov or call 1-800-562-3022.
  • Does WA state offer Early Learning programs? Early Childhood Education and Assistance Program (ECEAP) is Washington’s program for 3- and 4-year-old children from low-income families. DCYF provides details about ECEAP and federally funded Head Start programs. Children are eligible for ECEAP and Head Start based on their age and family income. Up to 10 percent of ECEAP and Head Start children can be from families above the income limit if they have certain developmental factors or environmental factors such as homelessness, family violence, chemical dependency, foster care, or incarcerated parents.
  • What is your state’s timeline for an initial evaluation for special education services? A school district has 25 school days to respond to a referral/request for special education evaluation. Once a parent/caregiver signs consent, the district has 35 school days to complete the evaluation. The state requires the district to write and implement an IEP within 30 calendar days after eligibility is determined. PAVE provides a comprehensive article about the evaluation process on our website: Evaluations Part 1.
  • What is your state’s policy on re-evaluations? A parent can request an evaluation any time there are concerns about whether services match the student’s present levels of performance and support needs. PTI provides a sample letter for requesting evaluation.
  • Does your state have unique names for IEP eligibility categories? PAVE’s article, Evaluations Part 1, includes more detail about the 14 qualifying categories of disability. Developmental Delay is a category for children Birth through age 10. One example of a category with a unique name in Washington is Emotional/Behavior Disability, which in federal law is referred to as Emotional Disturbance.
  • Does your state have a unique policy about dyslexia? Washington passed a law in 2018 that requires schools to screen children in kindergarten through second grade for signs of dyslexia and to provide reading support for those who need it. The law takes full effect in 2021-22. PAVE provides an article with links to current state information.
  • What are some of your state’s options for dispute resolution? OSPI provides information about how to request a (free) mediation or facilitated IEP meeting with a third-party facilitator. OSPI also offers options for filing a Community Complaint or requesting a Due Process Hearing. OSPI’s Due Process website page includes a link to a legal assistance list.
  • Do principals or school heads in your state have sole authority? Decisions about the provision of special education services are made by an IEP team, which includes parents and specific required staff members (WAC 392-172A-03095). A booklet describing the process of special education and parent/student rights is provided in multiple languages on OSPI’s website: Procedural Safeguards.
  • Does your state use a standard IEP form? No. Many schools use a software program called IEP Online. Each district has a different link to access the specific forms used.
  • What are your state’s graduation requirements? In 2019, the Washington State Legislature provided students with multiple pathways to graduation by passing House Bill (HB) 1599. PAVE provides an on-demand webinar: Life After High School: A Two-Part Training to Help Families and Young People Get Ready.
  • How does your state enforce compliance with Section 504 Plans? OSPI provides a list of Section 504/Civil Rights compliance officers assigned to each school district.
  • Interstate Compact for Military Children. Included are updated contacts.

How to contact PTI for direct assistance

Family caregivers who have questions or want direct support can reach out to PTI by filling out a Helpline Request Form at wapave.org/get-help. Another option is to call our Helpline and leave a message. We can support calls in English or Spanish: 1-800-572-7368, ext. 115.

Here are some questions you might have that our PTI might help answer:

  • How can I be sure my child receives comparable services?
  • What should I do if I think my child might need additional services?
  • How does the evaluation or re-evaluation process work?
  • What are my rights if my child is being disciplined or struggling with behavior?
  • What do I need to know about the roles and responsibilities at the state and local level?
  • What are my options if I’m not satisfied with my child’s IEP or Section 504 Plan or if I don’t think the school is following it?
  • What state agencies are responsible for managing parent complaints?
  • How can I make sure that my high-school child stays on track for graduation?
  • I’ve heard, “We don’t do that in Washington.” Is this true?

Again, welcome to Washington and we look forward to serving you!

We hope you might enjoy the delicious apples in our state—and save one for the teacher!

Map Your Future with Person-Centered Planning

A Brief Overview  

  • Person-Centered Planning (PCP) is a method for helping a person map out a future with intention and support.
  • Read on for more information about what Person-Centered Planning is like.

Full Article  

Everyone dreams about what they might do or become. Individuals with disabilities might need additional support to design the plans, set the goals and recruit help. The Person-Centered Planning (PCP) process is a tool that works like a Global Positioning System (GPS) to help a person figure out where they are starting and how to navigate to a planned destination.   

A PCP session is a gathering that can happen in a specific physical location, such as a school or a community center, or in a virtual space online. The people who get together might include family members, friends, teachers, vocational specialists, coaches—anyone who might help brainstorm ways to plan an enriched, full life for a person of honor.

The first step is to celebrate the gifts, talents, and dreams of the person. Then the group develops action steps to help that person move closer to their dreams and goals.  

Throughout the gathering, the attendees listen, ask questions, and draw pictures or write down words that contribute to the process. Respect for the person’s goals and wishes is a priority, and participants withhold judgment to honor the individual completely.  

Person-Centered Planning explores all areas of a person’s life. All people experience various times in their lives that are transitions. High-school graduation is a major example. Job changes, moving to a new home, entering or leaving a relationship: Those transitions happen for individuals with and without disabilities.

Individuals with disabilities have some additional transitions. For example, when a person leaves the special education system of public education at graduation or after age 21, there is a change in disability protections. A student receiving special education is protected by the Individuals with Disabilities Education Act (IDEA). In adult life, the right to accommodations and non-discrimination is protected solely by the Rehabilitation Act of 1973 (Section 504) and the Americans with Disabilities Act (ADA).

There are specific transitions that occur for individuals who qualify for support from the Developmental Disabilities Administration (DDA), which in Washington is part of the Department of Social and Health Services (DSHS). Employment and workforce training programs often are part of the transition from high school into what happens next.

During major life transitions, many service agencies focus on a person’s inabilities or deficits.  Person-Centered Planning, on the other hand, focuses on what’s positive and possible, based on the dreams and goals of the individual.

A PCP session includes a set of maps where information is collected in words and pictures. Here are some examples:

People in my Life     

This map names important people and their roles in concentric circles. These are people that the individual trusts for help and support and may include paid and unpaid supporters. Those who are closest to the person are in the circles closest to the center of the map.

Who am I?  My Story, My History    

This map is built during the session to describe the person’s story from birth up until the gathering. This map reflects what is most important to the individual. The facilitator might ask:

  • What parts of your life are important for people to know?   
  • What are some stories of your life that would be helpful for a coworker or a friend to know? 
  • Are you a sibling? A spouse? A parent?
  • How old are you? 
  • What activities do you participate in? 
  • Have you had any jobs?
  • Where do you live? Go to school?  
  • Do you have a medical concern that someone spending time with you might need to know about? 

 Likes and Dislikes  

The “Likes” list includes favorites, things that make the person happy. Favorite colors, foods, activities, places, people are listed. 

The “Dislikes” list includes the opposite of all those things and might also list triggers (bright lights, loud noises, angry voices, bullies) or other sensitivities.

What Works/ Doesn’t work 

The first part of this map asks: When learning a new activity or skill, what are steps and learning tools or activities that work for you? Answers might look like these examples: frequent breaks, accommodations, a written schedule, a list of duties, instructions in larger print, a preferred time of day to start something…. 

The second part asks: When learning a new activity or skill what activities do not work for you? Answers might resemble these examples:  waiting in line, too many instructions, too many people barking out orders, standing or sitting for too long, verbal instructions, unclear expectations….  

Gifts, Talents and Strengths  

This map asks several questions: 

  • What are you good at?
  • What can you do that is easy for you? 
  • What are your best qualities? 
  • What do people like about you?   

Examples for answers:  best smile, cleaning, giving, caring, natural dancer, very social, great with computers, good with numbers, great at sports, good listener, good with animals, etc.   

Dreams /Nightmares 

The My Dreams map asks: Where you would like to see yourself in a few years?  Follow-up questions:

  • What will you be doing?
  • What would your dream job be?  
  • Where are you living? 
  • Do you live on your own or with family or a roommate?  
  • How are you keeping in touch with your friends?   
  • What is an action you can take to move toward your dream or goals?    

The Nightmare Map asks:  What do you want to avoid?  Follow-up questions might include this one: Where do you not want to be in a few years? This is not to make the person feel bad but to make an out-loud statement about what the person doesn’t want to happen. This can include actions or thoughts that someone wants to avoid.  

Needs 

The Needs map asks:  What do you need help with to avoid the nightmare?  A follow up question might include: What areas do you need support with? Answers might look like these examples: budgeting money, learning to drive, training to ride the bus, cooking lessons, looking for a job. The goal is to recruit support to help the person stay away from the nightmare and work toward the dream.   

Action Steps  

A map that show Action Steps includes the specific help that will assist the individual in moving toward the dream. This chart typically details what needs to be done, who will do it, and by when. 

Example:    

Goal: To Write a Resume     
Who: Michele 
What: Call Mark to ask for help.  
By When: Next Monday, April 6, 2020 

This process involves many support people in the person’s life and identifies, in a self-directed way, areas where help is needed to meet personal goals. The gathering involves the important people in someone’s life because they can help through the process and step up to offer support for the action steps. 

How to get a Person-Centered Plan  

Here are places that might help you find a PCP facilitator in your area:  

  • Developmental Disabilities Administration (DDA) 
  • Division of Vocational Rehabilitation (DVR)
  • School District 

Here are a few additional places to seek information about Person-Centered Planning:  

Inclusion.com: All My Life’s a Circle  

Inclusion.com: The Path Method 

Video from PAVE, Tools 4 Success  

Informing Families.org  

School Shutdown: Pandemic Guidance for Families also Impacted by Disability

A Brief Overview

  • Governor Jay Inslee announced April 6, 2020, that Washington school buildings are closed to regular instruction at least through the end of the school year because of the COVID-19 pandemic.
  • During the shutdown, schools and families are seeking creative ways to help all children learn, said Washington’s Superintendent of Public Instruction, Chris Reykdal, who participated in the April 6 press conference with Gov. Inslee.  “Especially during times of uncertainty,” Reykdal said, “students need our support. They need grace, and structure, and routine. Even though the world may feel like it’s upside down, our students need to know that we will move forward.”
  • PAVE’s program to provide Parent Training and Information (PTI) continues to offer 1:1 support by phone in addition to online learning opportunities. Please refer to our home page at wapave.org to “Get Help” or to check the Calendar for upcoming events. A PTI webinar recorded live March 26, 2020, provides information about the rights of students with disabilities.
  • For questions about delivery of special education during the school building closures, families also can visit the website of the Office of Superintendent of Public Instruction (OSPI), which maintains a page, Special Education Guidance for COVID-19. Ways to support inclusion during the closures and a downloadable spreadsheet of online and offline resources for continuing learning are clickable links on that page.
  • Providing families with access to meals has been a priority for schools. An interactive map on the website of Educational Service District 113 includes information from schools across Washington about where meals are delivered and addresses for where families can pick up free food by “Grab-and-Go.”
  • The U.S. Department of Education has created a website page to address COVID-19. Links on the website, gov/coronavirus, include a Fact Sheet titled, Addressing the Risk of COVID-19 in Schools While Protecting the Civil Rights of Students, issued by the department’s Office for Civil Rights (OCR).
  • For additional resources, see Links to Support Families During the Coronavirus Crisis and Links for Learning at Home During School Closure.

Full Article

With school buildings closed to help slow the spread of the novel coronavirus (COVID-19), families have many questions about how children can access meals, childcare and basic education. Recognizing that too much information can be overwhelming, PAVE provides this article to help families with children impacted by disability understand a few key issues during this challenging time. Included throughout are links to information on official websites that are frequently updated.

Nationally, agencies that provide guidance to schools have been in conversation about the challenge of providing equitable education to all students as learning that respects the requirement for “social distancing” becomes the only option. The U.S. Department of Education is tracking much of that work on its website, gov/coronavirus.

Most schools in Washington resumed services with distance learning on March 30, 2020. Some districts planned a later start because of spring break schedules. Chris Reykdal, Washington’s Superintendent of Public Instruction, issued guidance that all schools within the state offer something in order to engage students in learning.

He emphasized that families and schools should maintain an attitude of creativity and patience and that the goal is not to overwhelm parents and students. The guidance is not a mandate for students, Reykdal said, and the state is not directing schools to grade student work during this period of distance learning. The expectation is that districts “are sending opportunities for families and checking in,” he said in comments quoted in a March 30 broadcast and article from KNKX, a National Public Radio affiliate.

Various federal and state laws protect students with disabilities and their right to a Free Appropriate Public Education (FAPE), regardless of the nature or severity of the disability. How to provide education that is appropriate and equitable when school buildings are closed is a national conversation. In Washington State, the Office of Superintendent of Public Instruction (OSPI) is continuously updating guidance for schools and families on these topics.

An OSPI website page devoted to special education topics during the COVID-19 shutdown includes this guidance: “If the district continues providing education opportunities to students during the closure, this includes provision of special education and related services, too, as part of a comprehensive plan.”

In a March 18, 2020, letter to school staff who support Individualized Education Programs (IEPs), OSPI encouraged IEP reviews and evaluations to continue as possible: “School districts are encouraged to continue to hold IEP and evaluation meetings through distance technology whenever possible, and if agreed upon by parents and school staff are available.”

Meals are a top priority

The Superintendent of Public Instruction, Chris Reykdal, provided information March 19, 2020, in a webinar sponsored by the Washington League of Education Voters. Note: the League of Education Voters offers a comprehensive listing of COVID-19 resources.

Reykdal said that OSPI has prioritized food distribution for students as its most important role during the shutdown. He said some districts deliver food to stops along regular bus routes. Others have food pick-up available in school parking lots. For the most current information about how a district is making meals available for students, families are encouraged to check their local district website or call the district office. OSPI provides a list of districts throughout the state, with direct links to district websites and contact information.

An interactive map on the website of Educational Service District 113 includes information from schools across Washington about where meals are delivered and addresses for where families can pick up free food by “Grab-and-Go.”

Childcare options are difficult to design

Second priority, according to Reykdal, is childcare for parents who rely on outside help so they can work. Families are encouraged to contact local districts for current information about childcare. OSPI encourages only small and limited gatherings of children, so provisions for childcare and early learning have been difficult to organize, Reykdal said. He emphasized that public health is the top concern. “We have to flatten that curve,” he said, referencing a widely shared graphic that shows what may happen if the virus is not slowed by intentional measures.

Note that the Centers for Medicare and Medicaid have relaxed rules in order to give states more flexibility in providing medical and early learning services through remote technologies. The Early Childhood Technical Assistance Center (ECTA) has created a webpage on teleintervention. Topics include training for families learning to navigate technology for online learning and appointments.

Equity is required in education

Thirdly, Secretary Reykdal on March 19 addressed work underway to create new models for distance learning. “Everyone needs to be super patient about this because while districts are preparing to deploy some education, it will look different. And there are serious equity concerns we have to focus on. We expect districts as they launch this to have an equitable opportunity for all students. English language learners need special supports. Our students with disabilities need supports.”

At the April 6, 2020, press conference, Reykdal mentioned that some schools may open on a very limit basis in order to provide services to a few children with significant disabilities. He said OSPI would be consulting with schools throughout the state to develop models for best-practice IEP implementation during the national crisis. “Especially during times of uncertainty,” he said, “students need our support. They need grace, and structure, and routine. Even though the world may feel like it’s upside down, our students need to know that we will move forward.”

PAVE is here to help!

PAVE’s Parent Training and Information (PTI) program continues to provide 1:1 support by phone and offers online training. Please check our calendar of events and follow us on social media.

PTI director Jen Cole addressed some topics related to educational access during a March 19, 2020, podcast hosted by Once Upon a Gene. In addition to providing general information about the rights of students with disabilities, Cole shares her own experience as a parent of an elementary-age student with a disability.

PAVE has added new links on our website to help families navigate these new circumstances. On our homepage, wapave.org, find the large blue button labeled View Links. Clicking on that button will open a list of options. Two new options provide guidance related to the pandemic:

  1. Links for Learning at Home During School Closure: This a resource collection of agencies providing online learning opportunities for various ages.
  2. Links to Support Families During the Coronavirus Crisis: This is a resource collection of agencies that provide information related to the pandemic.

Please note that resources listed are not affiliated with PAVE, and PAVE does not recommend or endorse these programs or services. These lists are not exhaustive and are provided for informational purposes only.

OSPI offers guidance for families

The Office of Superintendent of Public Instruction (OSPI) is the state education agency charged with overseeing and supporting Washington’s 295 public school districts and seven state-tribal education compact schools. As communities respond to the COVID-19 outbreak, OSPI offers a downloadable guide for parents and families.

Included is a section for parents of students in special education. While in session, districts maintain the responsibility to provide a Free Appropriate Public Education (FAPE) to students eligible for special education. “Districts should be communicating with parents and guardians prior to, during, and after a school closure regarding their child’s IEP services,” OSPI states.

Parents may want to consider whether compensatory education or Extended School Year (ESY) services will be needed. The general rights to these services are further described in an article about ESY on PAVE’s website.

Making notes in order to collect informal data about any regression in learning during the shutdown may be important later. OSPI’s resource guide states: “After an extended closure, districts are responsible for reviewing how the closure impacted the delivery of special education and related services to students eligible for special education services.”

OSPI reminds families that schools are not required to provide special education services while they are fully closed to all students.

OSPI addresses issues related to racism

In its guidance, OSPI encourages schools to intentionally and persistently combat stigma through information sharing: “COVID-19 is not at all connected to race, ethnicity, or nationality.”

OSPI advises that bullying, intimidation, or harassment of students based on actual or perceived race, color, national origin, or disability (including the actual disability of being infected with COVID-19 or perception of being infected) may result in a violation of state and federal civil rights laws:

“School districts must take immediate and appropriate action to investigate what occurred when responding to reports of bullying or harassment. If parents and families believe their child has experienced bullying, harassment, or intimidation related to the COVID-19 outbreak, they should contact their school district’s designated civil rights compliance coordinator.”

U.S. Department of Education provides written guidance and a video

The U.S. Department of Education provides a website page to address COVID-19. Links on the website, ed.gov/coronavirus, include a Fact Sheet titled, Addressing the Risk of COVID-19 in Schools While Protecting the Civil Rights of Students, issued by the department’s Office for Civil Rights (OCR):

“Section 504 of the Rehabilitation Act of 1973 prohibits disability discrimination by schools receiving federal financial assistance. Title II of the Americans with Disabilities Act of 1990 prohibits disability discrimination by public entities, including schools. Title VI of the Civil Rights Act of 1964 prohibits race, color, and national origin discrimination by schools receiving federal funds….

“School districts and postsecondary schools have significant latitude and authority to take necessary actions to protect the health, safety, and welfare of students and school staff….As school leaders respond to evolving conditions related to coronavirus, they should be mindful of the requirements of Section 504, Title II, and Title VI, to ensure that all students are able to study and learn in an environment that is safe and free from discrimination.”

On March 21, 2020, the department issued a Supplemental Fact Sheet to clarify that the department does not want special education protections to create barriers to educational delivery options: “We recognize that educational institutions are straining to address the challenges of this national emergency. We also know that educators and parents are striving to provide a sense of normality while seeking ways to ensure that all students have access to meaningful educational opportunities even under these difficult circumstances.

“No one wants to have learning coming to a halt across America due to the COVID-19 outbreak, and the U.S. Department of Education does not want to stand in the way of good faith efforts to educate students on-line. The Department stands ready to offer guidance, technical assistance, and information on any available flexibility, within the confines of the law, to ensure that all students, including students with disabilities, continue receiving excellent education during this difficult time.”

The Department’s Office for Civil Rights (OCR) released a YouTube video March 17, 2020, to describe some ways that OCR is providing technical assistance to schools attempting to offer online learning that is disability accessible. Kenneth L. Marcus, assistant secretary for civil rights within the Department of Education, opens the video by describing federal disability protections:

“Online learning is a powerful tool for educational institutions as long as it is accessible for everyone. Services, programs and activities online must be accessible to persons, including individuals with disabilities, unless equally effective alternate access is provided in another manner.”

Help is available from Parent Training and Information (PTI)

Families who need direct assistance in navigating special education process can request help from PAVE’s Parent Training and Information Center (PTI). PTI is a federally funded program that helps parents, youth, and professionals understand and advocate for individuals with disabilities in the public education system. For direct assistance, click “Get Help” from the home page of PAVE’s website: wapave.org.

PTI’s free services include:

  • Training, information and assistance to help you be the best advocate you can be
  • Navigation support to help you access early intervention, special education, post-secondary planning and related systems in Washington State
  • Information to help you understand how disabilities impact learning and your role as a parent or self-advocate member of an educational team
  • Assistance in locating resources in your local community
  • Training and vocabulary to help you understand concepts such as Free Appropriate Public Education (FAPE), an entitlement for individuals who qualify for special education under the Individuals with Disabilities Education Act (IDEA). 

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

A Brief Overview

  • By the time you are 16 years old, the school is required to invite you to your IEP meetings. You can attend any time, and leading your own meeting is a great way to learn important skills.
  • If you need more help at school or aren’t learning what you need to learn, then your IEP might need some fixing. Your voice matters on the IEP team.
  • A website, I’m Determined.org, provides videos of students describing their goals. You can also print a goal-tracking worksheet from that website.
  • Read on to learn more about the parts of an IEP and how to get more involved in your own education.

Full Article

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

By the time you are 16 years old, the school is required to invite you to your IEP meetings. From that year on, your school program is matched to your long-term goals. It’s important to plan your time carefully so that every school day gets you closer to where you want to be when you are an adult. 

Learn to be a self-advocate

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

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

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

Your Transition Plan focuses on where you want to go

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

  • when you plan to graduate (you can stay in school through age 21 if your IEP goals require more time)
  • what jobs you might choose
  • whether college is part of your plans
  • what lifestyle you imagine for yourself (will you drive, cook, shop, live alone?)
  • how school is getting you ready for all of that

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

The law says it’s all about you

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

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

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

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

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

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

Learn what your IEP can do for you

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

These are some important parts of an IEP:

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

Get Ready for Your IEP Meeting

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

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

These sentence starters might help you begin:

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

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

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

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

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

High School and Beyond Plan

Maybe you started talking about what you might do after graduation when you were in middle school. Washington State public schools are required to help all students begin a High School and Beyond Plan by 8th grade. Ask a teacher, a school counselor and/or your parents if you haven’t started one of those: It’s required so you can graduate from high school.

It’s never too soon to think about what you want to do in the future. When you start building an IEP Transition Plan, it’s critical to think and talk through your ideas and how you see yourself moving forward. Here are some starter questions: 

  1. Where am I now? (strengths, interests, abilities)
  2. Where do I want to go? (aspirations, dreams, expectations)
  3. How do I get there? (goals, courses, activities, helpers, accommodations)

Here are some additional questions to help you plan:

Jobs, Trades, & Work

  • What jobs would be a good fit?
  • What training and/or supports will you need?
  • Does your IEP include community work experience?

Education after high school

  • Do your personal goals include college or technical school?
  • What accommodations will you need?
  • Have you contacted Disability Support Services on campus?

Living arrangements

  • Will you live with family, a friend or on your own?
  • How will you cook, clean, shop, & get around town?
  • Does your IEP have goals for Independent living?

Community experiences

  • What will you do for fun?
  • Will you join a club or support group?
  • How will you make friends and keep in touch?

It’s never too soon to plan ahead!

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

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

Here are links to more ideas and tools to help you get involved in your own future planning:

The Center for Change in Transition Services has a toolkit for youth

Youthhood.org also has resources designed just for you

Benefits to Student Led IEPs

Isolation and Restraint Practices Attract Media Attention

Disability Rights Washington (DRW) has published a video about school use of isolation and restraint. The video, which is posted to YouTube, was produced by DRW’s media program called Rooted in Rights. DRW is a private non-profit organization with a mission to advance the dignity, equality, and self-determination of people with disabilities. The agency is staffed with attorneys who pursue justice on matters related to human and legal rights.

In Washington State, isolation and restraint may be used if “reasonably necessary to control spontaneous behavior that poses an imminent likelihood of serious harm,” as defined in the Revised Code of Washington (RCW 70.96B.010). The isolation/restraint ends when the imminent likelihood of harm has passed. These practices are considered emergency responses and not disciplinary actions.

The Office of Superintendent of Public Instruction (OSPI) describes specific reporting requirements for schools to inform parents and the state about isolation and restraint incidents.

PAVE’s website, wapave.org, provides several articles that include information about isolation and restraint practices. Articles also describe ways to incorporate positive behavior supports into school programs to reduce the need for emergency response. An article titled, Ideas and Resources to Support Your Child’s Behavior at School, is a place to start.

Another option to research information on the topic is to type the word “Behavior” into the search bar at wapave.org to find additional articles. A comprehensive article about policies related to discipline is titled, What Parents Need to Know when Disability Impacts Behavior and Discipline at School.

Educators and policy makers generally agree that an evidence-based method to keep everyone safe and learning at school is to incorporate Positive Behavior Interventions and Supports (PBIS) into a school-wide program that focuses on a healthy school climate. PBIS is described in several of PAVE’s articles, including one contributed by University of Washington researcher Kelcey Schmitz: Positive Behavioral Interventions & Supports (PBIS) in Schools.

Implementation of PBIS varies widely across the state. Parents can ask their school district administrators about whether a PBIS framework is being used within the district.