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.

 

Social Emotional Learning, Part 2: Trauma-Informed Instruction

A Brief Overview

  • Understanding trauma and providing consistent skill building in Social Emotional Learning (SEL) can improve outcomes in education and elsewhere.
  • Washington’s Office of Superintendent of Public Instruction provides free SEL training materials for educators and families on its website: k12.wa.us.
  • Trauma-informed adults can use specific strategies to help children understand their emotions, describe what is happening, and make skillful decisions about what to do next. Read on for ideas about what works.
  • Family caregivers can ask school staff what they know about trauma-informed instruction and how their own knowledge and training in SEL informs their strategies when teaching a class or a specific student.

Full Article

 “Being at school in a traumatized state is like playing chess in a hurricane.” This statement, from Mount Vernon high-school teacher Kenneth Fox, provides a vivid reminder that learning is not just about academics. Effective social interactions and emotional regulation are critical lifelong skills.

Fox’s quote is highlighted in a free guidebook offered by Washington’s Office of Superintendent of Public Instruction (OSPI): The Heart of Learning and Teaching: Compassion, Resiliency, and Academic Success.

OSPI also provides SEL learning activities for families and educators. OSPI addresses family caregivers directly to describe the resource: “SEL provides skills to do things like cope with feelings, set goals, and get along with others. You can help your kids work on these skills at home and have some fun along the way. It’s important to discuss the SEL skill that will be addressed in the activity (e.g., kindness, empathy, self-exploration, decision-making) to make the activity more focused and targeted on that skill.”

Statewide SEL initiatives have been boosted by a sequence of legislative actions. The 2015 legislature directed OSPI to convene an SEL Benchmarks workgroup, and subsequent bills supported development of SEL learning standards. Information about the history of the work is available through OSPI’s website: k12.wa.us. PAVE provides an article with an overview of the SEL standards and more: State Standards Guide Social Emotional Learning for all Ages and Abilities

Trauma-Informed instruction starts with SEL support for educators

Movement toward Social Emotional Learning (SEL) has grown from knowledge that trauma profoundly impacts educational outcomes. In the 1990s, the Centers for Disease Control and Prevention released findings about Adverse Childhood Experiences (ACEs), which leave children less resilient and less able to manage their behavior.

Dr. Vincent Felitti, then CDC 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.

As data from the ACEs study began to circulate, educators sought new ways to help children cope at school. The Collaborative for Academic, Social, and Emotional Learning (CASEL) formed in 1994 with the goal of establishing evidence based SEL as an essential part of education.

In 1997, CASEL and the Association for Supervision and Curriculum Development (ASCD) partnered on Promoting Social and Emotional Learning: Guidelines for Educators, with strategies for SEL programming from preschool through grade 12. “This was the first book of its kind,” CASEL states, “and it laid the foundation for the country to begin addressing the ‘missing piece’ in education.”

CASEL helped fund a February 2017 report about SEL training for teachers. To Reach the Students, Teach the Teachers examines SEL as an aspect of teacher certification and concludes that higher education has more work to do to make sure teachers are prepared:

“The implications for good teaching, and for the implementation of SEL in particular, make it clear there’s serious work to be done. If teachers are not aware of their own social and emotional development and are not taught effective instructional practices for SEL, they are less likely to educate students who thrive in school, careers, and life.”

Toxic stress results from untreated trauma

A 2016 film, Resilience, by KPJR Films, looks at an aspect of trauma called “toxic stress,” which results from exposure to strong, frequent, and/or prolonged adversity—such as physical or emotional abuse, chronic neglect, caregiver substance abuse or mental illness, violence, economic hardship, etc.

According to the film’s website, “Toxic stress can trigger hormones that wreak havoc on the brains and bodies of children, putting them at a greater risk for disease, homelessness, prison time, and early death. While the broader impacts of poverty worsen the risk, no segment of society is immune.

“Resilience, however, also chronicles the dawn of a movement that is determined to fight back. Trailblazers in pediatrics, education, and social welfare are using cutting-edge science and field-tested therapies to protect children from the insidious effects of toxic stress—and the dark legacy of a childhood that no child would choose.”

Tip: Ask about a teacher’s experience and training in SEL

Family caregivers can ask school staff what they know about trauma-informed instruction and how their own knowledge and training in SEL informs their strategies when teaching a class or a specific student.

Collaborate with the teacher to consider whether an approach at home might match what’s being used in the educational setting. Common responses and phrases will reinforce a child’s emerging SEL skills and provide predictability, which is evidence-based to comfort and calm children.

What does trauma-informed instruction mean?

Generally, trauma-informed instructional techniques help children understand their emotions, describe what is happening, and make skillful decisions about what to do next.

An agency called Edutopia provides an article that lists some common misunderstanding about trauma-informed instruction. One is that children with trauma in their past need to be “fixed.”

“Our kids are not broken, but our systems are,” the article by elementary principal Mathew Portell states. “Operating in a trauma-informed way does not fix children; it is aimed at fixing broken and unjust systems and structures that alienate and discard students who are marginalized.”

Portell, whose Nashville, Tenn., school has been spotlighted as a leader in trauma-informed strategies, points out also that staff are not acting as therapists. “Our part in helping students with trauma is focusing on relationships, just as we do with all of our students. The strong, stable, and nurturing relationships that we build with our students and families can serve as a conduit for healing.”

A trauma-informed instructor might use a specific tool to help the child label an episode of dysregulation, such as the Zones of Regulation, which encourage self-observation and emotional awareness. Another good example is the “brain-hand model” described by Dan Siegel, a well-known neurobiologist and author who has helped lead a movement toward science-informed practices. PAVE provides a video demonstrating the technique to avoid “flipping your lid.”

Here’s how to make and use a hand model of the brain:

  • Hold up your hand. The base of your open palm represents the brain stem, where basic functions like digestion and breathing are regulated.
  • Cross your thumb over your palm. This represents the central brain (amygdala), where emotions process.
  • Fold your four fingers down over your thumb. They represent your frontal cortex, where problem-solving and learning happen.
  • Imagine something emotional triggers you and begin to flutter or lift your fingers.
  • When you “flip your lid,” the fingers pop up all the way while emotions based in the amygdala rule. Problem behaviors may become probable as you try to cope with fight/flight instincts based in the autonomic nervous system.
  • Practice even, steady breathing to regulate the nervous system, and slowly settle the fingers back over the thumb.
  • As your fingers fold down, consider what the mind feels like when problem-solving is accessible versus how it feels when emotions disrupt clear thinking.
  • Consider how this hand model might help you or someone else recognize and manage an emotional moment.

SEL builds resilience and reduces need for discipline

A Washington agency that teaches self-awareness and resiliency is Sound Discipline, a non-profit based in Seattle. Begun by pediatrician Jody McVittie, Sound Discipline trains about 5,000 educators and parents each year, estimating to impact more than 100,000 children annually.

Like similar programs, Sound Discipline describes “problem” behaviors as coping mechanisms. Acting out is a child’s attempt to manage stress or confusing emotions, and stern punishments can re-ignite the trauma, making the behavior worse instead of better.

A principal goal is to train professionals and parents to collaborate with students in problem solving. Helping a student repair damage from a behavior incident, for example, teaches resilience and develops mental agility. “Children don’t want to be inappropriate,” McVittie emphasizes. “They are doing the best they can in the moment.”

Educational outcomes improve dramatically when students can manage themselves socially and emotionally. A measure of the impact is a reduction in suspensions and expulsions. A 2016 report from the Child Mind Institute shows that proactively teaching restorative discipline reduces school suspensions and drop-out rates:

“Restorative Discipline/Justice includes strategies to both prevent children from breaking the rules and intervene after an infraction has occurred. Some elements are focused on reducing the likelihood of student rule breaking (proactive circles where students and teachers talk about their feelings and expectations) and others on intervening afterwards (e.g., restorative conferences where the parties talk about what happened). In all cases the focus is on avoiding punishment for the sake of punishment.”

Trauma toolkits for educators and families

As part of its materials for school staff and families, OSPI provides a handout that focuses on culturally responsive SEL approaches. The handout states, “Culturally responsive practices are intentional in critically examining power and privilege, implicit biases, and institutional racism, which serve as barriers to realizing the full potential of transformative social emotional learning (SEL) practices.”

The National Child Traumatic Stress Network (NCTSN.org) provides articles about evidence-based practices for adults supporting children with a wide range of circumstances. The website includes links specifically for military families, for example, and includes content related to early learning, homeless youth, and for families and educators supporting children with intellectual and developmental disabilities who also have experienced trauma (I/DD Toolkit).

Adults need self-care and their own SEL to support children

Family caregivers play an important role in furthering trauma-informed approaches by learning about and healing their own trauma experiences, applying trauma-informed principles in their parenting and by learning how to talk about these approaches with schools.

According to Lee Collyer, OSPI’s program supervisor for special education and student support, adults may need to consider their own escalation cycles and develop a personal plan for self-control to support children. Collyer helped develop a three-part video training series for parents, especially while children are learning from home during the COVID-19 pandemic. PAVE provides a short article describing the video series, with links to each section: Webinars offer Parent Training to Support Behavior during Continuous Learning.

In Spring 2020, PAVE launched a series of mindfulness videos with short practices for all ages and abilities and an article with self-care strategies: Stay-Home Help: Get Organized, Feel Big Feelings, Breathe.

PAVE provides a list of resource links to specifically support families during the coronavirus pandemic, including this one: Washington Listens is a program to support anyone in Washington State experiencing stress due to the COVID-19 pandemic. For anonymous support, call 1-833-681-0211, Mon.– Fri., 9 a.m. to 9 p.m. and weekends 9 a.m. to 6 p.m. TTY and language access services are available.

Social Emotional Learning, Part 1: The Importance of Compassionate Schools

A Brief Overview:

  • The Office of Superintendent of Public Instruction (OSPI) provides a training program for school staff focused on Social-Emotional Learning. The SEL Online Education Modules are designed for educators, administrators, school staff, others professionals, and parents.
  • Moments of trouble can provide insight about unmet needs. Meeting those moments with compassion helps children learn better in all areas.
  • High social-emotional scores correspond to better attendance, higher graduation rates, fewer suspensions, and improved academic scores.
  • Family caregivers can learn the vocabulary and key principles of SEL and compassionate schools to collaborate with schools.  A list of terms is included at the end of this article.

Full Article

Educators and communities have a new vocabulary for discussing what schools and families might do when children are stressed out and struggling. Self-awareness, emotional management, goal setting, responsible decision-making, and relationship skills are taking their place alongside academic subjects.

These life skills are part of a growing area of education called Social Emotional Learning (SEL). The Office of Superintendent of Public Instruction (OSPI) provides a training program for school staff focused on Social-Emotional Learning. The SEL Online Education Modules are designed for educators, administrators, school staff, others professionals, and parents.

Development of the learning modules was authorized by Senate Bill 6620 during the 2016 legislative session: “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,” the bill states.

The modules are intended for all school staff—from teachers and principals to bus drivers and lunch servers—to understand their roles in promoting students’ self-awareness, self-management, social-awareness, relationships, and responsible decision-making.

Principles for Compassionate Schools

The training modules are an extension of the Compassionate Schools Initiative within Student Engagement and Support at OSPI, which provides resources to schools aspiring to consider a trauma responsive infrastructure. OSPI’s website lists 10 principles for a compassionate school:

  1. Focus on culture and climate in the school and community.
  2. Train and support all staff regarding trauma and learning.
  3. Encourage and sustain open and regular communication for all.
  4. Develop a strengths-based approach in working with students and peers.
  5. Ensure discipline policies are both compassionate and effective (Restorative Practices).
  6. Weave compassionate strategies into school improvement planning.
  7. Provide tiered support for all students based on what they need.
  8. Create flexible accommodations for diverse learners.
  9. Provide access, voice, and ownership for staff, students, and community.
  10. Use data to:
    1. Identify vulnerable students, and
    2. Determine outcomes and strategies for continuous quality improvement.

The Heart of Learning and Teaching

Also available from OSPI is a link to download a free e-book called “The Heart of Learning and Teaching: Compassion, Resiliency, and Academic Success.” The handbook, first published in 2009, was written and compiled by OSPI and Western Washington University staff in response to a growing body of knowledge about Adverse Childhood Experiences (ACEs) and the effects of childhood trauma on learning.

Ron Hertel, Program Supervisor for Social and Emotional Learning/Compassionate Schools at OSPI, in 2017 stated that some schools were providing best practice trainings and resources while others remained in the early stages of SEL programming. “Social emotional learning is the foundation for both life and learning, whether or not a student is impacted by trauma,” Hertel says. “By providing specific guidance on the relevance of SEL skills as well as exploring implementation strategies, we hope to provide a firm platform schools can use to support social emotional development for all students.”

SEL improves learning and keeps kids in class

An important component of SEL is the recognition that problem behaviors offer critical clues about a child’s unmet needs or undeveloped social and emotional skills. These behaviors can be especially pronounced in children with developmental delays, emotional disturbances or other disabilities that qualify them for special education.

By using troubling moments as teachable moments and prioritizing compassion and skill building over punishment, many schools find that children learn better in all areas—including academics—and are less likely to be removed from class because of behaviors.

The Technical Assistance Center on Social Emotional Intervention for Young Children (TACSEI) offers tips about teaching “skill fluency” when problem behaviors highlight a child’s untrained attempt to cope or problem-solve: “When children do not know how to identify emotions, handle disappointment or anger, or develop healthy relationships, a teacher’s best response is to teach.”

According to the Collaborative for Academic, Social and Emotional Learning (CASEL), SEL instruction improves graduation rates and academic scores while reducing rates of exclusionary discipline. The CASEL website includes data from a pilot study begun in 2012 in Washoe County School District, Reno, Nevada. According to CASEL’s report, graduation rates are up 20 points and students with higher social emotional scores perform better than students with lower scores. They are:

  • More than twice as likely to stay in school
  • Less likely to be referred for an in-school suspension (3 percent: 8.8 percent)
  • More likely to score well on math assessments (45 percent: 23 percent)
  • More likely to score well on English Language Arts assessments (61 percent: 40 percent)
  • More likely to graduate (89 percent: 73 percent

Poor SEL skills cause problems that start young

Without SEL skills, children clearly struggle. The Child Mind Institute cautions that problems start early and students in special education are at high risk:

  • Expulsions in prekindergarten are 89 percent higher when classrooms do not have regular access to a psychiatrist or psychologist, while only 23 percent of pre-K programs nationwide have on-site psychiatrists/psychologists or scheduled visits.
  • Being at risk for mental health problems in first grade leads to a 5 percent drop in academic performance in just two years.
  • More than 77,000 children in special education receive suspensions or expulsions for more than 10 cumulative days in a year—including children with autism, anxiety, and learning disorders. See PAVE’s article: What Parents Need to Know when Disability Impacts Behavior and Discipline at School.
  • Children suspended or expelled for more than 10 days include 5.7 percent of children with emotional disturbance and 2.6 percent of students with other health impairments (OHI), an IEP disability category that includes such conditions as Attention Deficit Hyperactivity Disorder (ADHD).
  • In one study, the suspension/expulsion rate for students with emotional disturbance as the IEP eligibility category was 64 percent.

Learn the language of SEL to promote Compassionate Schools

Families are a valuable part of the conversation as school staff learn and apply SEL/Compassionate approaches. Family caregivers can help school staff learn key vocabulary. Here are some terms to being with, from OSPI’s Heart of Learning guidebook:

  • Compassion: a feeling of deep empathy and respect and a strong desire to actively help someone stricken by misfortune.
  • Trauma: a state of distress caused by the inability to respond in a healthy way to acute or chronic stress.
  • Resiliency: the ability to withstand and rebound from adversity.
  • Compassionate School: a place where staff and students are aware of the challenges that others face and respond with supports that remove barriers to learning.
  • School-Community Partnership: a relationship that supports a shared goal of providing resources through responsibility and collaboration.

Other principles to consider are restorative discipline, positive behavior supports, collaborative repair, misbehavior versus stress behavior, emotional vocabulary, replacement skills, reframing and social competence.

In its conclusions, OSPI’s Heart of Learning e-book includes this statement: “The education reform movement in the United States has made great strides in transforming curricula and other aspects of the educational system. Social, emotional and behavioral health is the necessary next step for building better schools to nurture healthy brains and happy children.”

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.”)

Webinars offer Parent Training to Support Behavior during Continuous Learning

While school facilities are closed because of COVID-19, families impacted by disability face complex challenges. For some, children’s difficult behaviors are a regular concern. According to the Centers for Disease Control and Prevention (CDC), stress and anxiety in children and youth may show up through unexpected or maladaptive behaviors. Those behaviors might get worse because of fear, isolation, and disrupted lives.

Meanwhile, some of the help that used to be there is gone. At school, students may have gotten 1:1 support or direct instruction to encourage behavioral skill-building. Those aspects of a special education program might be difficult or impossible to provide during social distancing.

While students are learning from home, parents can request individualized support from the school to support behavioral expectations, if behaviors have educational impact. Parent training can be a related service in a student’s Individualized Education Program (IEP). As always, family caregivers can request an IEP meeting to discuss options to support academic and behavioral goals and expectations.

If the student has a Behavioral Intervention Plan (BIP), that document might hold clues about strategies most likely to work. For more ideas about how to communicate with the school in reviewing a student’s program and perhaps also designing a temporary Continuous Learning Plan, parents can refer to PAVE’s article: IEP on Pause? How to Support Continuous Learning with School Buildings Closed.

To generally support caregivers in their various roles during COVID-19, Washington’s Office of Superintendent of Public Instruction (OSPI) offers a three-part webinar designed for families to help with behavior in continuous learning environments. The webinar has been recorded and uploaded to YouTube in sections, so families can access the content at their own pace.

The webinars are moderated by Lee Collyer, OSPI’s program supervisor for special education and student support. Collyer, a parent, describes his own challenges during the pandemic alongside ideas from research-based sources. Families are invited to send questions and comments to lee.collyer@k12.wa.us.

In various forums, Collyer has described his investment in fostering positive behavioral supports for students in order to reduce disciplinary actions. In a May 13, 2020, OSPI webinar about Mental Health and Safety, Collyer said, “My fear is that we’re going to try to discipline our way out of trauma.”

Following is a brief description of each segment of the three-part webinar series, with a link to each specific webinar. If you start with the first one, you will have the option to stay connected and flow through all three. Each segment is 20-25 minutes long, and the first one includes some background information about OSPI and Collyer’s role.

Supporting Positive Behavior in Continuous Learning Environments – Part One

Collyer begins the series by sharing OSPI’s official statements related to mission, vision and equity. He offers reassurance to parents that everyone is learning something brand new together, without time for proper training, and that “We should not let pressure from schools, teachers or school communities dictate what works for our family and what kind of learning we are prioritizing during this time.”

Collyer talks about the value of learning that is imbedded in everyday activities and part of family routines. He shares insights from psychiatrist Bruce Perry and psychologist Ross Greene, both widely regarded authors who apply their research to inform parents. Their names are linked here to practical articles about supporting positive behavior, and both are easily searchable to find additional materials.

The OSPI webinar includes signs of stress and anxiety to consider. Collyer recommends behavior solutions based on skill building: If children do not know how to do something (like behave), the answer is to teach, he points out, not punish. The segment ends by explaining how behavior serves a function and understanding that function is key to reducing escalations.

Supporting Positive Behavior in Continuous Learning Environments – Part Two

The second segment begins where the first leaves off, by discussing the functions of behavior and how to identify them and intervene early. Pre-teaching skills and reinforcing positive behaviors over negative ones in a 5:1 ratio is encouraged: For the best outcome, catch a child doing what is expected and provide encouragement five times more often than calling out an unexpected behavior.

The second segment also provides some specific strategies for home/school communications. Collyer describes the difference between a consequence and problem-solving and offers specific strategies for parent/child problem-solving.

Supporting Positive Behavior in Continuous Learning Environments – Part Three

The third segment begins with information about how a crisis might escalate and how reason and logic are compromised when fear and frustration highjack a person’s response system. Adults may need to consider their own escalation cycles and develop a personal plan for self-control to support children, Collyer says.

He describes how children might be uneven in their development of cognitive versus social-emotional skills and how that might create confusion about the best parenting strategy. How to set limits with considerations for trauma and ways to shift from negative to positive interventions are additional strategies provided in the final segment of this webinar series.

For additional resources from OSPI, visit the page for Special Education Guidance for COVID-19.

 

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). 

Behavior and Discipline in Special Education: What to do if the School Calls Because of a Behavior Incident

Continue reading “Behavior and Discipline in Special Education: What to do if the School Calls Because of a Behavior Incident”

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

A Brief Overview

  • Students with disabilities are disciplined twice as often as non-disabled peers. Washington is taking actions to remedy the inequities. Read on for examples of the new state rules and where to go for more information.  
  • Schools are required to provide education and support before resorting to discipline. This article includes resources and information to help families ensure that students are receiving the best-practice services they need and that disciplinary actions are non-discriminatory. The Office for Civil Rights (OCR), in collaboration with the Office of Special Education and Rehabilitative Services (OSERS), provides a 46-minute YouTube video about behavior management practices and student rights. Included is information about use of isolation and restraint and OCR data related to compliance reviews nationwide.
  • Chris Reykdal, Superintendent of Public Instruction, says, “We should do what we can to make suspensions and expulsions the last option while ensuring our schools are safe. The numbers are clear: This is an equity issue, and some groups of students are impacted much more than others.”
  • Concern is nationwide. The Center for Civil Rights Remedies in 2018 issued a state-by-state estimate of lost instruction due to discipline for students with disabilities: “Schools once routinely denied students with disabilities access to public education. Federal law makes it clear that such denial is unlawful, yet some schools may still be meting out discipline in a manner that has the same effect.”
  • If the school calls to send a child home, parents can ask whether the student is being suspended. If the school is not taking formal disciplinary action, parents are not required to take a child home. If the action is a formal suspension, specific rules apply. Read on for more detail.

Full Article

Some disabilities make it difficult for students to communicate distress or manage their behavior in ways that schools expect or require from typically developing students. Data clearly show that students with disabilities are disciplined more frequently than their non-disabled peers. By learning about state and federal guidelines, parents can advocate to ensure that students with disabilities are receiving the services they need to successfully access school and that disciplinary actions are non-discriminatory.

Parents can empower themselves by learning the federal framework for special education protections. Students who receive services or accommodations through the Individuals with Disabilities Education Act (IDEA) or through Section 504 of the Rehabilitation Act of 1973 are guaranteed access to a Free Appropriate Public Education (FAPE). Disciplinary actions that deny access to FAPE may be discriminatory. Schools follow specific procedures when they discipline students with special needs to avoid violations of FAPE.

For example, a student with an Individualized Education Program (IEP) cannot be excluded from school because of behavior that results from a disability: Read on for further information about Manifestation Determination Hearings. Also, schools are required to provide education and support before resorting to discipline for children who struggle with behavior because of their impairments.

Some agencies are researching the impacts of exclusionary discipline, such as suspensions and expulsions, on children and their families. Some research shows that trauma and a worsening of mental health are outcomes. Excessive punishments are linked to negative lifelong outcomes, such as reduced graduation rates and more incarcerations. The National Center for Pyramid Model Innovations (challengingbehavior.org) has a webinar about the impact of suspensions on children in early learning.

Unexpected behavior may indicate that a student has a disability and needs services

Federal laws can protect students who haven’t yet been identified as having disabilities. School districts have a duty to evaluate students to determine eligibility for special education if they exhibit behavior that may indicate a disability. Under IDEA, this responsibility is called the Child Find mandate. Suspension, expulsion, isolation or restraint due to unexpected behavior can initiate an evaluation process, and students who qualify for services can retroactively be afforded protections from the IDEA or Section 504.

The Office for Civil Rights within the United States Department of Education in December 2016 issued a two-page Fact Sheet on Restraint and Seclusion that succinctly describes some federal guidelines related to disciplinary action and disability:

“A student’s behavioral challenges, such as those that lead to an emergency situation in which a school believes restraint or seclusion is a justified response could be a sign that the student actually has a disability and needs special education or related aids and services in order to receive FAPE.”

Washington State has new rules for schools

The Office of Superintendent of Public Instruction (OSPI), which oversees all Washington school districts, in July 2018 adopted new state guidelines related to discipline. OSPI provides a Parent Guide to discipline, available in multiple languages, on its website.

Also available is a Menu of Best Practices and Strategies. Restorative justice, behavioral health support and social skills instruction are on the menu for a more proactive, student-centered approach. The state includes requirements for parent notification and family engagement in the new rules, which are being implemented over two years, 2018-2020.

“The state discipline rules were created four decades ago,” says Chris Reykdal, Superintendent of Public Instruction. “Our students and schools are vastly different today. The new rules provide more clarity and they allow for student, family, and community input in developing local discipline policies.

“While some students do occasionally need discipline, our approach must be different. We should do what we can to make suspensions and expulsions the last option while ensuring our schools are safe. The numbers are clear: This is an equity issue, and some groups of students are impacted much more than others.”

Students with disabilities and students of color are disciplined more frequently

OSPI reports that 3.5 percent of all students were suspended or expelled during the 2016–17 school year. Among students receiving special education services, the percentage was 7.1 percent. For African-American students, the percentage was 7.4 percent. For Latino students, the rate was 4.1 percent. Students of color who also have disabilities are impacted at the highest rates. Seattle’s King 5 News on Oct. 25, 2018, broadcast a news report about the disparities in discipline for students with disabilities.

In 2016, the Washington Legislature passed House Bill 1541 to help close opportunity gaps in learning. OSPI spent two years researching the statutes and guidance. In rewriting the rules that were adopted in July 2018, the agency gathered feedback from families, students, educators, and community members through three public comment periods and eight public hearings.

New state policies are designed to discourage disciplinary actions that take a child out of the learning environment and encourage family engagement and positive behavior supports and other evidence-based practices. OSPI’s one-page introductory handout for parents outlines the new guidance.

According to OSPI, the new rules aim to make policies fair statewide. They require districts to include parents and guardians when updating discipline policies. The overarching goal is to keep children in school and learning and avoid severe or exclusionary disciplinary measures. 

In general, Washington’s new state rules:

  • Encourage schools to minimize the use of suspensions and expulsions and focus instead on evidence-based, best-practice educational strategies
  • Prohibit schools from excluding students from school for absences or tardiness
  • Further limit use of exclusionary discipline (suspension, expulsion) for behaviors that do not present a safety threat
  • Prohibit the use of expulsion for students in kindergarten through grade four (children in that age range already cannot be excluded from their classroom placements for more than 10 cumulative days per academic term)
  • Clarify expectations for how school districts must provide students access to educational services during a suspension or expulsion

When are students entitled to a Manifestation Determination Hearing?

In Washington, a student with an identified disability may be suspended for a short period of time if there are safety concerns or if other interventions are failing to control behaviors that cause a significant disruption. However, if a suspension or an accumulation of in- or out-of-school suspensions within a semester or trimester totals 10 days, the school holds a Manifestation Determination Hearing to determine whether the behavior resulted—or “manifested”—from the disability. This hearing is a distinct process for students with IEPS or Section 504 accommodation plans and is separate from any other general education disciplinary hearings or procedures. Removal for more than 10 days is considered a change in placement and could violate the school district’s responsibility to provide the special education student with FAPE.

If a student’s behavior manifested from disability, the school and parents meet to discuss program or placement changes likely to help. A Manifestation Determination hearing can also initiate an evaluation process for students not yet identified as needing special education services or disability-related accommodations. Regardless of whether the student has qualified for services, the hearing can trigger a Functional Behavior Assessment (FBA), which can be done for students with or without IEPs or Section 504 plans. Keep reading for more detail about the FBA and how it’s used to generate positive behavior interventions and supports.

The IDEA guarantees parent participation in the IEP process, which includes disciplinary hearings and any other formal meetings in which a student’s educational program or placement is reviewed or amended.  

If the conduct is determined to be unrelated to a disability, then school personnel may use general education discipline procedures. In that case, the school must still provide any special education services that the student has already been found to need. The IEP team decides the appropriate alternative setting and special education services to meet the student’s needs during the suspension.

The school district is required to provide educational services during a suspension

State law requires that all suspended and expelled students have an opportunity to receive educational services (RCW 28A.600.015). According to the Washington Administrative Codes (WAC 392-400-610) educational services provided in an alternative setting must enable the student to:

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

Note: If a student’s conduct involves Special Circumstances – weapons, illegal drugs, or serious bodily injury—a student may be removed for up to 45 school days regardless of whether the student’s behavior was a manifestation of disability. However, a manifestation determination hearing still is required within the first 10 days of removal from school and educational services still are provided.

The American Civil Liberties Union of Washington provides a free, downloadable Parents’ Guide to Public School Discipline in Washington. Part III includes information about laws and procedures that are specific to students in special education. The ACLU guidebook encourages parents to gather as much information as possible when a student is disciplined:

“It is important to fully understand the type of proposed discipline, the underlying behavior, how the behavior relates to the student’s disability, and what additional supports may be available in order to fully advocate for your student.”

Do you need to pick up your student every time the school calls?

The ACLU booklet commits a page to addressing the question, “Do you need to pick up your student every time the school calls?” A parent can ask whether the student is being suspended.  “If your student has not been officially suspended,” ACLU advises, “The school cannot force you to pick up the student.

“If you choose to pick up your student when he or she has not been suspended, the school may not record the removal from class and may not trigger additional protections (such as Manifestation Determination Hearings) that apply when students with disabilities are removed from school for 10 days or more.”

The ACLU points out that without formal paperwork that describes a disciplinary action and its specific start and end times, a school may not be accountable to specific rules that govern special education: “Any time your student misses class time because of a behavior problem, it may be considered a discipline and should be considered as counting towards the 10 days that would be a ‘change of placement’ under the law and trigger additional protections. If your student is having behavioral problems that do not lead to suspension, you may suggest that the IEP team should consider holding an IEP meeting to reevaluate your student’s behavior supports, or that the 504 team meet to consider changes to the accommodation plan.”

The ACLU guidebook includes a list of supports parents can ask for: “The law requires behavior supports to be based on evidence, and so you can ask for additional expert evaluation to determine whether the behavior supports offered to your student are appropriate.”

Schools teach skills for expected behavior

Specialized instruction designed to meet a student’s unique needs can include education in social communication, self-regulation, choice-making and other areas of Social Emotional Learning (SEL) that may impact behavior. These strategies are well recognized as best-practice for keeping children engaged in school and avoiding problems that might lead to discipline.

In addition, schools can conduct a Functional Behavior Assessment (FBA) to develop a Behavior Intervention Plan (BIP). A BIP is developed to proactively help a child learn expected behaviors and shift away from circumstances that might lead to escalations. The BIP identifies target behaviors that are disrupting education and determines “antecedents,” which means conditions or events that occur before the targeted behavior. A BIP is intended to support “replacement” behavior so a student can develop skills that prevent escalations and keep the student in school and learning.  

A BIP can be a stand-alone plan or can work with an IEP or a Section 504 accommodations plan. OSPI offers guidance to schools and families about FBA/BIP process. Another place to find valuable information is through the Parent Center Hub, a website operated by the Center for Parent Information and Resources (CPIR).

School discipline is a national topic of concern

On August 1, 2016, the U.S. Department of Education published a Dear Colleague Letter for public-school staff: “Recent data on short-term disciplinary removals from the current placement strongly suggest that many children with disabilities may not be receiving appropriate behavioral interventions and supports, and other strategies, in their IEPs.” The letter included data that 10 percent of all children with disabilities, ages 3-21, were subject to a disciplinary removal from school. Children of color with disabilities faced an even higher rate.

The letter encourages all schools to develop robust programs for Positive Behavior Interventions and Supports (PBIS) and provides specific guidance for IEP teams. “In the case of a child whose behavior impedes the child’s learning or that of others, the IEP Team must consider – and, when necessary to provide FAPE, include in the IEP – the use of positive behavioral interventions and supports, and other strategies, to address that behavior.”

The federal guidance includes statements about staff development: “School personnel may need training, coaching, and tools to appropriately address the behavioral needs of a particular child. Supports for school personnel may be designed, as appropriate, to better implement effective instructional and behavior management strategies and specific behavioral interventions that are included in the child’s IEP.”

In 2014, the federal government issued guidance to discourage disciplinary actions that discriminate against students with disabilities, particularly students of color. A variety of federal sources have highlighted disparities, and the Center for Civil Rights Remedies and the Charles Hamilton Houston Institute for Race and Justice in April 2018 issued the first state-by-state estimate of lost instruction due to discipline for students with disabilities. The data include a finding that children of color who also have disabilities lost 77 more days of instruction because of disciplinary actions than peers who are Caucasian.

“These data on lost instruction are rarely reported,” the report concludes in its executive summary. “Although many could guess that the racially disparate impact is large, these dramatic disparities were derived from reliable publicly reported federal data, and they should be cause for alarm. Students with disabilities receive much more than classroom instruction when they are in school. For example, they often receive related counseling services, occupational and physical therapy as well as additional small group or one-on-one tutoring. Therefore, they lose much more when they are removed from school.”

Inappropriate discipline may be a denial of FAPE

The full report from the Center for Civil Rights Remedies includes this statement in its introduction: “Schools once routinely denied students with disabilities access to public education. Federal law makes it clear that such denial is unlawful, yet some schools may still be meting out discipline in a manner that has the same effect. To suspend a student because of behavior that is a result of their disability is the equivalent of denying that student access to education.”

However, in December 2018, a federal school safety commission recommended that the U.S. Department of Education rescind the 2014 guidance intended to prevent discriminatory practices. OSPI responded by stating that Washington State’s policies and updated guidance would be unaffected. “Rescinding the 2014 guidelines will have no effect on Washington’s laws and rules related to student discipline…and will have no effect on OSPI’s enforcement of civil rights laws that prohibit discrimination in the administration of student discipline,” OSPI stated.

Washington State student discipline laws apply to all K–12 students. Students with disabilities are subject to both general education and special education rules and statutes. For the most up-to-date information about general education discipline procedures and the rules changes underway, visit OSPI’s Student Discipline page. For more information about special education discipline procedures, visit OSPI’s Special Education Behavior and Discipline page.

Guidance related to isolation and restraint

The state has specific rules related to the use of isolation and restraint, which are implemented only when a student’s behavior poses an imminent likelihood of serious harm and are discontinued when the likelihood of serious harm has passed. Isolation and restraint are not used as a form of standard discipline or aversive intervention.

The Washington State Governor’s Office of the Education Ombuds (OEO) offers an online resource page that details state guidance related to isolation and restraint. Included is this statement:

“Schools in Washington State are not allowed to use restraint or isolation as a form of discipline or punishment, or as a way to try to correct a child’s behavior. Restraint and isolation are only allowed as emergency measures, to be used if necessary to keep a student or others safe from serious harm. They can continue only as long as the emergency continues.”

School districts are required to collect and report data on the use of restraint and isolation. That data is posted on OSPI’s website as part of the School Safety Resource Library. 

If emergency responses and/or severe disciplinary actions become frequent, schools might ask the parent/guardian to sign an Emergency Response Protocol (ERP) for an individual student. Families are not required to sign this. The ERP specifically explains what the school’s policies are related to isolation and restraint and what the training requirements are for staff who are authorized to provide isolation and restraint. Parents can request a copy of the district’s general education policies on this topic. The ERP can include a statement about how parents are contacted if the school uses isolation or restraint. Schools are required to provide a report to the parent/guardian and to the state any time formal disciplinary or emergency actions are taken.

Equity work in school discipline is ongoing statewide

A graph that shows disparity in discipline is provided on OSPI’s website, which includes training and materials for schools to support improvements. “Like other states, Washington has experienced significant and persistent disparities in the discipline of students based upon race/ethnicity, disability status, language, sex and other factors,” OSPI’s website states. “While overall rates of exclusionary discipline (suspension and expulsion) have declined over the last decade, significant disparities persist. These trends warrant serious attention from school districts, as well as OSPI, to work toward equitable opportunities and outcomes for each and every student.”

 

Placement in the Least Restrictive Environment (LRE) Encourages Inclusion

A Brief Overview

  • LRE has been an aspect of special education law since 1975, when there was widespread public concern about children with disabilities historically being segregated and denied equitable education.
  • Research shows that children of all abilities learn social skills from one another when they learn side-by-side.
  • Some Washington schools struggle to support access to general education programs and settings for students with disabilities. In 2019, only 56 percent of students with disabilities are included in general education settings for 80-100 percent of the school day.
  • Under federal law, a student is placed in a more restrictive setting when the IEP team agrees that the student needs a different placement for education to be appropriately accessible.
  • Help from a paraeducator might be part of the support services that enable a student to access learning in the Least Restrictive Environment (LRE). Note that a paraeducator is a service, not a placement. Having a 1:1 to help in the classroom does not violate LRE. This topic was included in the resolution of a 2017 Citizen Complaint. Read on for more detail.

Full Article

Some other articles that might be of interest: 

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

Section 504: A Plan for Equity, Access and Accommodations

Schools are responsible to provide a Free Appropriate Public Education (FAPE) for students with disabilities. One of the defining principles of special education law is that students with disabilities have access to general education, with nondisabled peers, to the maximum extent possible. That requirement is called Least Restrictive Environment (LRE).

LRE is a key feature of the Individuals with Disabilities Education Act (IDEA) and has been part of disability rights for students since 1975. PAVE has articles about special education history and key principles of the IDEA. The LRE requirements are a response to widespread public concern about children with disabilities historically being segregated in institutions, separated from peers and removed from neighborhood schools.

A student qualifies for the protections of the IDEA and special education services when a disabling condition severely impacts access to learning and specially designed instruction is needed. An eligible student is entitled to a Free Appropriate Public Education (FAPE), delivered through an Individualized Education Program (IEP).

The IEP includes specially designed instruction and goal monitoring, supplementary aids and services, accommodations and intentionally chosen spaces to meet the student’s needs. Those thoughtfully chosen spaces are a student’s “placement.” A decision about placement is made after programming decisions are made by the IEP team.

Parents can learn this terminology to help in their advocacy. Here’s a statement that incorporates key terms: Placement in the Least Restrictive Environment (LRE) is part of a school district’s responsibility when providing a Free Appropriate Public Education (FAPE) for a student who receives special education services.

General Education is the first LRE option

The general education setting is the first LRE placement option, and how placement is designed is unique to a student’s individualized needs. Research demonstrates that students with disabilities perform better academically and learn social skills when they have access to the general education setting with proper support.

According to the Office of Superintendent of Public Instruction (OSPI), which provides guidance to schools in Washington State, “The body of research consistently supports the positive link between access to core instruction in general education settings and improved outcomes for students with disabilities.

“Inclusion is the belief and practice that all students have the right to meaningfully access academic and social opportunities in general education settings.” 

Still, some Washington schools struggle to provide meaningful access to general education programs and settings. In 2019, the state reports that only 56 percent of students with disabilities are included in general education settings for 80-100 percent of the school day.

The 2019 Washington Legislature passed House Bill 1109 to provide $25 million in 2020-21 to  implement professional development in support of inclusionary practices, with an emphasis on coaching and mentoring. Information about the Inclusionary Practices Professional Development Project is available on OSPI’s website.

What the law says

The IDEA states that schools are required to provide FAPE in the Least Restrictive Environment (LRE) “to the maximum extent appropriate.” Each state is required to implement the IDEA. The U.S. Department of Education maintains a website that shares language directly from the federal law. According to Sec. 300.114:

 “Each public agency must ensure that—

  • “To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and
  • “Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.”

LRE decisions follow a 4-part process

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

Selection of an appropriate placement includes 4 considerations:

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

What if placement in general education isn’t working?

If a student is unable to access learning in an appropriate way (FAPE) because of the nature or severity of the disability, then the IEP team considers alternative placement options. It’s important to note that a student is placed in a more restrictive setting because the student needs a different location within the school, not because it’s more convenient for adults or because it saves the school district money.

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

Placement options are vast

IEP teams consider a wide range of placement options. They may discuss whether there’s a need for a small classroom setting, for example, or home-based instruction. For a child with a behavioral health condition, the team may discuss whether a “day treatment” school staffed with specialists in behavior management might provide the best access to FAPE.

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

  • general education classes
  • general education classes with support services and/or modifications
  • a combination of general education and special education classes
  • self-contained special education classes
  • placements outside of a school district
  • home instruction
  • residential care or treatment facilities

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

Placement and location are different

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

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

OSPI’s website includes this information:

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

Note: Due Process is part of the “procedural safeguards” available to family participants on the IEP team. PAVE has an article and a webinar about options when family members disagree with the school.

1:1 is a service, not a placement

The IDEA specifies that a more restrictive placement relies on data showing that “the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.”

Supplementary aids and services can include a wide variety of supports. The student might use assistive technology, for example, or teachers could craft unique ways to present the curriculum. The student may get individualized help from an adult.

The LRE requirement means that schools document efforts to enable a student to access general education, however that might be possible. General education access includes classrooms, programs like PE and art, extracurricular activities, recess…. IEP team members can get creative about how to help the student succeed. Some students design their own clever accommodations. Family members and outside therapists or behavioral specialists also contribute ideas.

A common conflict with families and schools is whether a 1:1 paraeducator might enable access to FAPE in general education. Some parents and schools may have conversations about whether a helper might “restrict” a student’s ability to develop independence. Sometimes those conversations lead to misunderstanding about LRE. A 2017 case in Washington addressed the topic and clarified that a 1:1 is a service, not a placement.

In response to a Citizen Complaint filed by parents in the Lake Washington School District, OSPI issued a public report,  with a finding in favor of the family. The parents wanted their child to get help from a 1:1 aide and disagreed with the school that it would “restrict” the student. According to OSPI’s report, parents had requested a 1:1 aide because they wanted the school to provide more support in order to increase the student’s time in general education. School staff on the IEP team said no to the request, citing a belief that a 1:1 aide “is the most restrictive level of service…”

OSPI rejected that argument, stating:

“The District is incorrect in its belief that 1:1 paraeducator support is the most restrictive environment for all students. Paraeducator support is a supplementary aid and service, not a placement option on the continuum of alternative placements….

“Based on the documentation in this complaint, the District did not base its decision to deny the Parent’s request for 1:1 aide support on the Student’s individualized needs. The District erred in failing to properly consider if the Student could participate in a general education setting with the provision of 1:1 aide support.”

LRE does not mean students are on their own

The conversation about what creates “restriction” is complex, and sometimes school staff bring up the concept of “learned helplessness” if they believe that children learn better with less instead of more support. Each conversation and circumstance is unique, but parents can research the topic of learned helplessness to understand various ways that data are interpreted to generate opinions.

Generally, when someone receives help–including education provided by a teacher or a teacher’s aide–that person learns how to do something and eventually models what is taught, with mastery over time. Revoking help before a person is ready to do something independently may create a help”less” situation. A person who cannot perform a task with success and doesn’t get the needed help to get better at the skill may over time give up and become helpless. Some articles on the subject relate to individuals who have been unable to cope or problem-solve independently and therefore “learn” to be helpless.

Parents talking with the school about LRE and appropriate support can do their best to provide accurate and comprehensive information about a student’s unique disability condition and what is needed to meet the student where he/she is ready to learn.

Following are a few additional resources:

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

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

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

Some other articles that might be of interest: 

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

Section 504: A Plan for Equity, Access and Accommodations