Recovery Services: What Families Need to Know as Schools Reopen

A Brief Overview

  • Students with disabilities who have not been fully served during years of the COVID-19 pandemic may have the right to additional school-based services to help them get back on track. These additional services may be called Recovery or Compensatory Services.
  • Read on for information, including guidance from the federal government. A family-friendly, printable handout from the Office for Civil Rights (OCR) is a place to begin.
  • Whether a student with disabilities is served through a Section 504 Plan or an Individualized Education Program (IEP), decisions about Recovery/Compensatory Services are made by a collaborative team that includes family participants.
  • Federal money is available to help schools provide additional services to students with disabilities.
  • Section 504 and IEP teams are responsible to make collaborative, student-centered decisions about Compensatory Services: Schools may not take a one-size-fits-all approach.

Full Article

Schools, students, and families face a unique set of challenges as doors reopen with ongoing impacts from the COVID-19 pandemic. Students with disabilities may have been impacted more than their non-disabled peers and may be eligible for additional services to help them get back on track with their learning and development.

Additional services may be called Recovery Services or Compensatory Services. Under either name, schools are responsible for working with families to determine where there are learning gaps and how to ensure students get the support and services they need to make appropriate progress in all areas of their education, including areas related to student well-being and social emotional learning (SEL).

The US Department of Education’s Office for Civil Rights (OCR) provides a family-friendly, printable 4-page handout that explains a student’s right to Compensatory Services under Section 504 of the Rehabilitation Act of 1973. This law protects the civil rights of all students with disabilities, including those with Section 504 Plans and those with Individualized Education Programs (IEPs). All students with disabilities that significantly impact how they access school have the right to a Free Appropriate Public Education (FAPE).

FAPE right are protected by Section 504 of the Rehabilitation Act and the Individuals with Disabilities Act (IDEA). IDEA is the federal law that provides a grant entitlement for students who receive special education through an IEP.

Section 504 and the IDEA require that students with known or suspected disabilities be evaluated to determine eligibility for services and to gather data for an individualized plan or program. Students who were not identified for services because of COVID-related logistics may be among those who are entitled to additional services.

Recovery/Compensatory Services are based on a student’s right to FAPE

Compensatory Services are sometimes awarded as the result of a complaint investigation but do not have to be linked to dispute resolution: Schools and families can design a plan for these services in ways that are collaborative and not adversarial. Whether a student is entitled to Recovery/Compensatory Services is a question related to FAPE rights and not a question of whether the school tried in good faith to serve the student, according to OCR.

OCR states that “Schools must convene a group of persons knowledgeable about the student to make an individualized determination of whether a student’s current services should be changed due to the effects of the COVID-19 pandemic, such as the impact of loss of services on skills, mental health and trauma concerns, or the physical health effects of long COVID (post-COVID conditions).”

OCR also includes these statements in its handout for families:

  • “Compensatory Services are required to remedy any educational or other deficits that result from the student with a disability not receiving the evaluations or services to which they were entitled.
  • “For example, a school may need to provide Compensatory Services for a student who did not receive physical therapy during school closures or for a student who did not receive a timely evaluation.
  • “Providing Compensatory Services to a student does not draw into question a school’s good faith efforts during these difficult circumstances. It is a remedy that recognizes the reality that students experience injury when they do not receive appropriate and timely initial evaluations, re-evaluations, or services, including the services that the school had previously determined they were entitled to, regardless of the reason.”

Families participate in decision-making

Whether a student with disabilities is served through a Section 504 Plan or an Individualized Education Program (IEP), decisions about Compensatory Services are made by a collaborative team that includes family participants and anyone else with knowledge of the student, including (but not limited to) school nurses, teachers, counselors, psychologists, school administrators, social workers, doctors and/or other providers within or outside of school. Note that IEP teams have specific requirements about who must attend meetings unless a parent signs consent for an absence (WAC 392-172A-03095).

OCR lists factors for a team of people knowledgeable about a student to consider when making decisions about Compensatory Services:

  • The frequency and duration of missed instruction and related services
  • Whether special education and/or related services that were provided during the pandemic were appropriate based on the student’s individual needs
  • A student’s present level of performance
  • Previous [pre-pandemic] rates of progress
  • Results of updated evaluations
  • Whether evaluations were delayed
  • Any other relevant information

OCR investigates complaints and impacted change in Los Angeles

Under Section 504, if a parent or guardian believes that their child has not received a Free Appropriate Public Education (FAPE) or has been denied equitable access to educational opportunities, they may seek a hearing under the school’s Section 504 Due Process procedures or file a complaint with the federal Office for Civil Rights.

OCR complaints can also be filed at the state level; the Office of Superintendent of Public Instruction (OSPI) provides guidance about civil rights complaint options in Washington State.

OCR investigated the Los Angeles Unified school district and found infractions related to Compensatory Services. In a document describing OCR’s resolution with Los Angeles schools, there is a list of what the schools did wrong. For example, OCR found that during remote learning, the district:

  • Limited the services provided to students with disabilities based on considerations other than individual educational needs
  • Failed to accurately or sufficiently track services provided to students with disabilities
  • Directed district service providers to include attempts to communicate with students and parents—including emails and phone calls—as the provision of services, documenting such on students’ service records
  • Informed staff that the district was not responsible for providing Compensatory education to students with disabilities who did not receive FAPE during the COVID-19 school closure period because the district was not at fault for the closure
  • Failed to develop and implement a plan adequate to remedy the instances in which students with disabilities were not provided a FAPE during remote learning

The Los Angeles district agreed to resolve these violations by creating and implementing a comprehensive plan to address the Compensatory education needs of students with disabilities due to the COVID-19 pandemic.

Guidance from OSERS

The federal Office of Special Education and Rehabilitative Services (OSERS) included guidance related to Compensatory services as part of its Return to School Roadmap, published September 30, 2021. Included is a question (D-6) about when Compensatory Services may be necessary and this multi-part answer:

“A child’s IEP Team may determine that compensatory services are necessary to mitigate the impact of disruptions and delays in providing appropriate services to the child. Some examples of situations that might require consideration of whether, and what, Compensatory Services are necessary include:

  1. If the initial evaluation, eligibility determination, and identification, development and implementation of the IEP for an eligible child were delayed
  2. If the special education and related services that were provided during the pandemic through virtual, hybrid, or in-person instruction were not appropriate to meet the child’s needs
  3. If some or all of the child’s IEP could not be implemented using the methods of service delivery available during the pandemic (for example, if the physical therapy and behavioral intervention strategies included in the child’s IEP could not be provided through virtual means)
  4. If meaningful services to facilitate the transition from secondary school to activities such as postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation were not provided due to the pandemic

OSERS goes on to say: “These examples are not meant to be exhaustive and are provided to illustrate various situations that could require consideration of whether, and to what extent, Compensatory Services are needed to address the child’s needs and mitigate the adverse impact of the COVID-19 pandemic.”

Government money is available to fund additional special education services

Federal money is available to help schools provide additional services to students with disabilities, including students who may be aging out of IEP services at 21 but have not yet earned a diploma or accessed all the transition services they need to be prepared for further education, employment, and independent living. See PAVE’s article, Support for Youth Whose Post-High School Plans were Impacted by COVID-19.

The US Office of Elementary and Secondary Education in December published a resource focused on allowable uses of funding from various sources, including the Elementary and Secondary School Emergency Relief Fund (ESSER) and the Governor’s Emergency Education Relief fund (GEER) and the American Rescue Plan. The FAQ specifically highlights:

  1. Providing educational and related services under Section 504, including, but not limited to, providing [Compensatory Services] to students with disabilities… to make up for any skills that might have been lost if it is individually determined that the student was unable to receive a FAPE as a result of school closure or other COVID disruption
  2. Supporting students with disabilities under the IDEA [Individuals with Disabilities Education Act/federal special education law], including by eliminating evaluation backlogs and providing support and direct services, such as technical assistance, personnel preparation, and professional development and training

School districts are required to incorporate stakeholder input into their plans for use of federal funds. Information about these requirements is described in a publication from Washington’s State Educational Agency/OSPI: Academic and Student Well-Being Recovery Plan: Planning Guide 2021 For School Districts, Tribal Compact Schools, and Charter Schools.

For additional state information related to the pandemic, and to access content in languages other than English, visit OSPI’s website: Novel Coronavirus (COVID-19) Guidance & Resources.

IEP teams also can discuss ESY

The fall return to school is a good time for IEP teams to consider whether a student experienced learning losses during summer break. By tracking how long it takes to recover a skill, the IEP team can discuss whether the student might need Extended School Year (ESY), typically provided next summer. ESY is a unique process for students with IEPs, and ESY services are determined based on a specific discussion about regression and recoupment. To better understand those terms and how ESY is determined, see PAVE’s article: ESY Helps Students Who Struggle to Maintain Skills and Access FAPE.

IEP teams can discuss Recovery Services, Compensatory Services, and Extended School Year in determining what a student may need to recover learning that was unavailable or inaccessible due to the pandemic or a student’s unique circumstances.

Checklist to get ready to talk about additional services

  • Note whether the student is due for an educational evaluation, required every three years. Family can request a new evaluation any time there are concerns that information about the student is outdated or inaccurate.
  • Read each IEP goal carefully. Goals are written to establish whether a teacher’s Specially Designed Instruction (SDI) is effectively helping a child learn a needed skill or concept.
  • Consider whether there are questions about how instruction is specifically designed to meet a need or teach a skill, so the learning is accessible to the student.
  • Reach out to the IEP team case manager or to individual teachers/service providers to request documentation about progress made toward each IEP goal.
  • If progress wasn’t monitored, make a note to discuss this lack of progress monitoring with the IEP team.
  • Write down and prepare to share family/student observations about what worked or didn’t work during alternative school delivery during the pandemic. Reflect on this question: Was the learning accessible?
  • Request an IEP team meeting within a time frame that makes sense. Some teams will want to meet before the school year begins, while others may wait until the school year is underway or until an annual review date later in the school year.
  • Consider inviting district special education staff into the meeting if additional expertise or problem-solving support is needed.
  • At the meeting, ask for family/student concerns to be included in the Prior Written Notice (PWN), a required document generated each time an official IEP team meets to discuss a student’s program and services.
  • Prepare to discuss transportation needs for access to Compensatory/Recovery Services. Transportation options may include district transportation; regional, shared agreements; private transportation; or parent reimbursement for travel costs. Transportation is part of FAPE delivery.
  • For students near the end of high school or who graduated or turned 21 during the pandemic without achieving or receiving everything that was expected, Transition Recovery Services may be available. See PAVE’s article: Support for Youth Whose Post-High School Plans were Impacted by COVID-19.
  • Consider a student’s strengths and how Recovery Services build on those strengths to support student resilience and well-being. Will the services instill a sense of pride, belonging, and accomplishment? Ensure that the student’s emotional well-being is honored and that the extra help does not feel like punishment.

PAVE’s Parent Training and Information (PTI) staff can help with questions about school-based services. For questions related to health and wellness, insurance, and access to medical services, PAVE’s Family-to-Family Health Information Center (F2F) provides assistance. Click Get Help from our home page at wapave.org to request individualized support.

Here’s a resource with a video training and links to some documents included in this article and more: Lessons from the Field – Providing Required Compensatory Services That Help Students with Disabilities in Response to the COVID-19 Pandemic.

COVID Considerations for Families to Plan for Fall 2022

A Brief Overview

  • Free COVID vaccinations are available for adults and for children as young as six months.
  • Washington State does not require students to be vaccinated against COVID to enroll for school in the 2022-23 academic year.
  • Local school districts establish their own policies and procedures for health and safety and illness response.  

Full text of video

Over a million Americans have died of COVID, and transmission rates  in Washington State remain high as we head into the 2022-23 school year.

Individual school districts decide what restrictions and policies to put in place for students, teachers, and staff. Families can ask their school district for specific information about safety measures and what to do if a student is ill or exposed to someone who is ill or testing positive for COVID.

The Office of Superintendent of Public Instruction, OSPI, provides guidance and suggestions for school staff and families on its COVID-19 Resources Page.

Whether to vaccinate your children remains a personal choice. The Washington State Board of Health has the authority to require COVID-19 immunization for children in K-12 schools but has not done that, as of Summer 2022.

Although not responsible for deciding whether to require vaccines, the state’s Department of Health, DOH.wa.gov, is a place to get current information and recommendations.

What protections against COVID are there for children and teens?

The federal government is providing COVID-19 vaccines free of charge to everyone living in the United States, regardless of their immigration or health insurance status.

Free vaccinations are available to people 6 months and older. The Centers for Disease Control and Prevention, the CDC, has approved the two-dose Pfizer and Moderna vaccinations for toddlers, children, and teens.

Here are three ways to find out how and where to get vaccinated for free:

  1. Search vaccines.gov
  2. Text your ZIP code to 438829
  3. Call 1-800-232-0233

Children and teens ages 5 through 17 are advised to get a third “booster” dose of the vaccine if they have moderate or severe difficulties with their immune system.

All employees in educational settings are required to be fully vaccinated or have a medical or religious exemption. OSPI provides more information about that requirement in a document that includes Frequently Asked Questions.

The Washington Department of Health has created Requirements and Guidance for minimizing transmission of COVID in schools and childcare settings, including isolation of anyone who shows symptoms of COVID.

Click Get Help at wapave.org for individualized support from PAVE.

Tips to Help Parents Reinforce Positive Behaviors at Home

A Brief Overview

  • Positive Behavioral Interventions and Supports (PBIS) is a strategy schools use to teach children expected behavior. Read on for PBIS strategies families can use at home.
  • A key PBIS principle is that punishment fails to teach what to do instead. Adults can direct children and youth toward better choices and interrupt escalation cycles by consistently teaching expected, skillful behaviors.
  • The easiest way to change a behavior is to point out what a person does right. Remember this catchy phrase, “5-and-1 gets it done,” to ensure five positive interactions for each negative interaction.
  • PAVE provides a video with key information to help families and schools analyze a child’s behavior and develop a positive behavior support plan: Behavior and School: How to Participate in the FBA/BIP Process.
  • If you come up with some great behavior support strategies this summer, be sure to share them with the school in the fall!

Full Article

Changes in routine and seasonal transitions can cause emotional upheaval for families. A few strategies, described below, might help families keep things chill this summer and beyond.

These ideas come from education, where research has helped teachers see the benefits from using Positive Behavioral Interventions and Supports (PBIS). PBIS has been implemented in more than 26,000 U.S. schools. The PBIS framework has been shown to decrease disciplinary removals and improve student outcomes, including grades and graduation rates. When done well, PBIS provides positive social skills, communication strategies and “restorative justice,” (working it out instead of punishing) and may prevent 80-90 percent of problem behaviors.

Punishment does not teach

PBIS research highlights problems with punishments, which are called “aversive interventions.” Research shows that a punished child is likely to flip into an emotionally dysregulated state (fight/flight/freeze) that actually blocks learning. Chances are low that the child will know what to do next time because the punishment didn’t provide a learning opportunity.

PBIS teaches what to do instead—and how to do it. Adults who calmly direct a child toward a new way of problem-solving can interrupt or prevent an escalation and help the child make better and better choices moving forward.

Keep in mind that adults need to stay regulated to help children. PAVE provides resources to help adults work on their own self-control and support their children:

Behavior is a child’s attempt to communicate

Simple, consistent, predictable language is critical for teaching and reinforcing behavior, says Kelcey Schmitz, who works for the University of Washington School Mental Health Assessment, Research, and Training (SMART) Center.

“PBIS is a game changer for children and youth with behavior challenges and their teachers and caregivers,” Schmitz says. “In fact, everyone can benefit from PBIS. Behavior is a form of communication, and PBIS aims to reduce problem behavior by increasing appropriate behavior and ultimately improving quality of life for everyone. The same approaches used by schools to prevent problem behaviors and create positive, safe, consistent and predictable environments can be used by families at home.”

Schmitz, an MTSS training and technical assistance specialist, provides the following specific tips for creating a successful PBIS home environment.

Support Positive Behavior before there is a problem

PBIS is set up with three layers—called tiers—of support. The parent-child relationship is strengthened by loving and positive interactions at each tier.

Tier 1 support is about getting busy before there is a problem. Much like learning to wash hands to prevent getting sick, expected behavior is taught and modeled to prevent unexpected behaviors.  Parents can look at their own actions and choices and consider what children will see as examples of being respectful, responsible, and safe.

Tiers 2 and 3 are where adults provide more support for specific behaviors that are getting in the way of relationships or how the child or youth functions. In a school setting, Tier 2 is for students who need a social group or some extra teaching, practice, and reinforcement.

Tier 3 supports include a Functional Behavioral Assessment (FBA) to find out why the behavior is occurring, and an individualized Behavior Intervention Plan (BIP). PAVE provides a video: Behavior and School: How to Participate in the FBA/BIP Process.

Any student may access supports that include aspects of Social Emotional Learning at all three Tiers. At home, Tiers 2 and 3 naturally will be more blended and may include support from a community provider. Note that targeted interventions in Tiers 2-3 work best when Tier 1 is already well established.

Define, teach, and routinely acknowledge family expectations

  • Discuss how you want to live as a family and identify some “pillars” (important, building-block concepts) that represent what you value. Talk about what those pillars look and sound like in every-day routines. To help the family remember and be consistent, choose only 3-5 and create positive statements about them. Here are a few examples:
    • Speak in a respectful voice.
    • Be responsible for actions.
    • Be safe; keep hands, feet, and objects to self.
  • Identify a couple of “hot spots” to begin. Challenging behaviors often occur within routines.  Perhaps mornings or mealtimes create hot spots for the family. After discussing 1-2 ways to be respectful, responsible, and safe in the morning, teach what each looks like. Have fun with it! Set up “expectation stations” for practicing the plan and assign each family member one pillar to teach to the rest.
  • Behaviors that get attention get repeated. Notice when a child does the right thing and say something about each success: “I noticed you stopped to pick up your shoes in the hallway. Thanks for putting them away and keeping the walkway safe for others.” The easiest way to change a behavior is to point out what a person does right!
  • Remember this catchy phrase, “5-and-1 gets it done” to ensure five positive interactions for each negative interaction. When the expected behavior becomes routine, the reinforcement can fade away.

Create engaging and predictable routines

  • Children crave structure and routine. Adults may look forward to a relaxing evening or weekend, but kids often need regular activity and engagement. Consider that either the kids are busy, or the adults are busy managing bored kids!
  • Use visuals to create predictability. A visual schedule can display major routines of the day with pictures that are drawn, real photos or cut-outs from magazines. Create the schedule together, if possible.  Parents can ask a child to check the schedule – especially when moving from a preferred to non-preferred activity. It’s hard to argue with a picture!

Set the stage for positive behavior

  • Teach, pre-teach, and re-teach. Children need to learn behavior just like they learn colors and shapes. A quick reminder can help reinforce a developing skill: “When we get in the car, sit up, buckle up, and smile!”
  • Give transition warnings or cues to signal the end of one activity and the beginning of another: “In five minutes, it will be bath time.”
  • First/then statements set up a child for delayed gratification: “First take your bath; then we can play dolls.”
  • Focus on Go instead of Stop. Children often tune out words like NoDon’t and Stop and only hear the word that comes next, which is what an adult is trying to avoid. Tell a child what to do instead of what not to do: “Take your plate and put it in the sink.” Save Stop and No for dangerous circumstances that need a quick reaction.
  • Choices prevent power struggles: “Would you rather play for five more minutes or get in the bath now?”  “Feel free to choose the pink pajamas or the green ones.”

While these strategies may not eliminate all problem behaviors, they create consistency, predictability, and a more positive atmosphere. They teach new skills to help children get their needs met. The solid foundation will help even if challenging behaviors persist by creating a bedrock for additional layers of support.

Here are places to seek additional information:

Mental Health Education and Support at School can be Critical

A Brief Overview

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

Full Article

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

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

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

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

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

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

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

Mental Health support to students is a statewide priority

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

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

TIP: Family caregivers can get involved in advocacy work!

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

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

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

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

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

Special Education is one pathway for more help

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

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

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

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

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

Behavioral health counseling can be part of an IEP

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

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

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

Placement options for students who struggle with behavior

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

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

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

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

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

Strategies and safety measures for families and teachers

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

Hopeful students:

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

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

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

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

A press for school-based services and mental health literacy

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

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

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

Goals of mental health literacy are:

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

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

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

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

Further information on mental health and suicide:  

Family Support

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

Sample Letter to Request Evaluation

A Brief Overview

  • Washington State requires special education referrals to be in writing (WAC 392-172A-03005). Anyone with knowledge of a student can write a referral.
  • The state provides a form for making a special education referral, downloadable from a website page titled, Making a Referral for Special Education. The form is not required—any written request is valid.
  • Schools are responsible to provide families with a referral form in their native language and to provide qualified interpreters so families can participate in all meetings to discuss their student’s special education eligibility and services.
  • Another option is to write a referral using the sample letter at the end of this article.
  • Evaluation process and family/student rights are described in the special education Procedural Safeguards, updated in 2022.

Full Article

When a student is struggling in school and there is reason to suspect the challenges are disability related, anyone can refer the student for an educational evaluation. If the evaluation shows that the student is eligible, services are provided through an Individualized Education Program (IEP). Washington State requires special education referrals to be in writing (WAC 392-172A-03005).

 If someone who knows the student asks for an evaluation, the school is responsible to:

  • Document the request
  • Record the date the referral was made
  • Provide a referral form in the person’s native language
  • Respond to the request within 25 school days

If the person asking for the evaluation cannot write, the school is responsible to support them to complete the referral.

The school must provide a referral form in the native language of the person making the request. Schools are required to provide qualified interpreters to support parent participation in the referral process and for all meetings where a student’s eligibility and/or educational services are discussed. See Parent Rights Information Sheets, downloadable in many languages.

Here’s a summary of evaluation timelines:

  • The school has 25 school days to respond to a referral.
  • After a parent/caregiver signs consent, the school has 35 school days to evaluate the student.
  • If eligibility is found, the school has 30 calendar days to write an IEP and seek parent/caregiver consent for services to begin.

The Office of Superintendent of Public Instruction (OSPI) is the guidance agency for Washington State. OSPI provides a form for making a special education referral, downloadable from a website page titled, Making a Referral for Special Education. Families may use OSPI’s form, a form provided by their school, or their own choice of format to write their request for a student to be evaluated. PAVE’s sample letter at the end of this article is an option.

A non-discriminatory evaluation is part of the protections for a student with a known or suspected disability that may significantly impact their access to education (Child Find Mandate). Child Find protections are part of the federal Individuals with Disabilities Education Act (IDEA). Child Find applies whether there are academic and/or non-academic school impacts.

PAVE provides more detail about IEP eligibility and evaluation process: Evaluations Part 1: Where to Start When a Student Needs Special Help at School.

The clock starts ticking when a request is made

The school has 25 school days after the initial request date to decide whether to evaluate the student who was referred. School days are days when students attend school. The school district lets the family know their decision through a formal letter called Prior Written Notice (PWN), which is described in the Washington Administrative Codes (WAC 392-172A-05010).

Often the school and family meet to discuss the referral and how the student is doing. If all agree to proceed with an evaluation, parents sign consent for the testing to begin. The family can ask questions about what the evaluation will include. Evaluating all areas of suspected disability and educational impact is important to learn as much as possible about the student’s strengths and needs. Information from the evaluation is used to build the services program if the student is found eligible for an IEP.

If the school says no to the evaluation and the family disagrees, they have dispute resolution options that are described in special education Procedural Safeguards, updated in 2022.

Parent consent is required

When the school agrees to evaluate the student, staff must promptly seek parent consent to begin the evaluation process (WAC 392-172A-03005).

Generally, parents sign a form that lists what the school will include in its evaluation. Parents can ask for additional areas to be evaluated to make sure the school gets data for all areas of concern. Families can ask for more information about what the evaluation will look like, where it will take place, how long it will take, and who will participate. The school and family can creatively plan the evaluation process if accommodations are needed. For example, if a student isn’t able to attend in-person school, the evaluation can be done in alternative locations.

After a parent signs consent, the school has 35 school days to finish the evaluation and meet with the family to talk about the results. The deadline may be extended if the family agrees, particularly to accommodate needs of the family or student.

The 35-day deadline does not apply if the student is unavailable for the evaluation or enrolls in another school district before the evaluation is finished (WAC 392-172A-03005).

For students found eligible for services, the school develops an IEP within 30 calendar days and requests parent consent for services to begin. The school and family meet to review a DRAFT version of the IEP and write a final version together before consent is signed. School staff provide a Prior Written Notice (PWN) with a summary of the meeting, agreements, and timelines before services start. PWN requirements are described in WAC 392-172A-05010.

Special Education is a service, not a location within the school

A request for a special education evaluation is NOT a recommendation to remove a student from the regular classroom and move them into an exclusive learning environment. Federal and state laws require that students receive education and services in the Least Restrictive Environment (LRE) to the maximum extent possible to meet their needs.

Decisions about placement are made by the IEP team, which includes the family. The IEP team is responsible to consider the child’s circumstances and capacities as its top priority—not pre-built programs or district resources.

Special Education is a service, while LRE refers to placement. PAVE’s article provides further information: Special Education is a Service, Not a Place. Another article provides detail about parent participation in special education process: Parent Participation in Special Education Process is a Priority Under Federal Law.

Parents can appeal decisions and/or seek a 504 plan

If a student is evaluated and found not eligible for an IEP (or if the school refuses to do an evaluation), the family has the right to dispute the decision using Procedural Safeguards.

If they disagree with the district’s evaluation or its findings, the family may seek an Independent Educational Evaluation (IEE), which is done by an agency outside of the school district. The district must pay for an IEE or deny the request using Due Process. See PAVE’s article: Evaluations Part 2: Next Steps if the School Says ‘No’ to Your Request. The article includes a sample letter to request an IEE.

Another option if a student doesn’t get an IEP is to develop a Section 504 Plan, which accommodates a person with a disability that impacts a major life activity (learning, walking, speaking, writing, socializing…). Section 504 is part of the Rehabilitation Act of 1973, which protects the civil rights of individuals with disabilities against discrimination throughout their lives. See PAVE’s article about Section 504 rights, which also protect students who qualify for an IEP: Section 504: A Plan for Equity, Access and Accommodations.

Sample letter for a special education referral

Below is a sample letter to write a request for a special education evaluation. You can copy and paste the text of this sample letter into your word processor to build your own letter.

The state provides an alternative form, downloadable from OSPI’s website page titled, Making a Referral for Special Education. Your school district is responsible to provide a form, in your language, for you to submit your written request. These formats are your choice—any written request is valid. If you cannot write, you can ask for an evaluation by telling the school and they can write the request with you.

Submit your written request through email, by mail, or by hand delivery, to the special education/special services manager at your school’s district office. You may submit additional copies to school administrators and/or a school psychologist—the person who manages evaluations for your school. Be sure to keep copies of all of your communications with the school in an organized, safe place.

From:

Your Name

Your relationship to the student

Your phone number

Your email address

The date you submit the request

To: [name of person and/or district],

I am requesting a full and individual evaluation for NAME, (birth date: 00-00-0000), for assessment as a special education student as stipulated in the Individuals with Disabilities Education Act, (IDEA, Public Law 108-446), and in the Washington Administrative Code (WAC 392-172A). My child is being evaluated for the first time [or include information if student was previously evaluated or received IEP or Section 504 services].

My student attends [name of school] and is currently in [grade level]. We speak [language] in our home, and we need a qualified interpreter for all meetings where our child’s eligibility and services are discussed.

I have concerns that (NAME) is not receiving full educational benefit from school because of their struggles with [brief summary of biggest disability-related concern].

I understand that the evaluation is to be in all areas of suspected disability, and that the school district is to provide this evaluation at no charge to me. My reasons for requesting this evaluation are: [be as specific as you can/note that OSPI’s form suggests possible academic and physical/behavioral concerns]

  • Use bullet points.
  • Use bullet points.
  • Use bullet points.

Here are some areas where [name] is struggling:

  • Use bullet points.
  • Use bullet points.
  • Use bullet points.

Based on what I know about my student, here are some supports that I think are needed:

  • Use bullet points.
  • Use bullet points.
  • Use bullet points.

[Name] has been medically diagnosed with [Diagnoses, if available… Or you might write: Name is awaiting a medical evaluation for … Note that a medical diagnosis is not required for schools to conduct an educational evaluation and to find a student eligible for services].

I have attached documentation from [list any outside providers who provided letters or reports]. Please take note that [Dr. NAME] recommends [highlight any specific recommendations from those attached documents] because [reason].

I understand that I am an equal member of the team for development of an Individualized Education Program (IEP) and that I will be involved in any meetings related to evaluation, identification of disability, provision of services, placement, or other decisions regarding my child’s access to a Free Appropriate Public Education (FAPE). I would appreciate meeting with each person who will be doing an evaluation before [NAME] is tested so that I might share information and history. I will expect a copy of the written report generated by each evaluator so that I might review it before the team meeting.

I understand you must have my written permission for these tests to be administered, and I will be happy to provide that upon receipt of the proper forms.

I appreciate your help in behalf of [NAME].

Sincerely,

Your Name

CC: (Names and titles of other people you give copies to)

Please Note: PAVE is a nonprofit organization that provides information, training, individual assistance, and resources. PAVE is not a legal firm or legal service agency, and the information contained in this handout is provided for informing the reviewer and should not be considered as a means of taking the place of legal advice that must be obtained through an attorney. PAVE may be able to assist you in identifying an attorney in your area but cannot provide direct referrals. The contents of this handout were developed under a grant from the US Department of Education. The contents do not represent the policy of the US Department of Education and you should not assume endorsement by the Government.

Long COVID May Cause Disability and Eligibility for Services

Some people infected by the SARS-CoV-2 virus experience long-term symptoms—called Long COVID. If lasting symptoms significantly impact a person’s life, their ability to work, or their access to school, disability laws are in place to protect and support them.

Among federal laws that support disability rights are the Americans with Disabilities Act (ADA), the Rehabilitation Act of 1973 (which includes Section 504), and the Individuals with Disabilities Education Act (IDEA). Note that Part B of the IDEA supports special education services for ages 3-21, and Part C provides early interventions for children birth-3.

Disability protections are also provided by Section 1557 of the Patient Protection and Affordable Care Act. The U.S. Department of Health and Human Services with the Civil Rights Division of the Department of Justice provide guidance on the HHS.gov website: Guidance on “Long COVID” as a Disability Under the ADA, Section 504, and Section 1557.

The federal Administration for Community Living (ACL) published a resource that is a place to begin learning about where support is available: How ACL’s Disability and Aging Networks Can Help People with Long COVID. For people whose work is impacted by Long COVID, the U.S. Department of Labor’s Office of Disability Employment Policy provides information related to job accommodations, employee benefits, worker’s rights, and more.

If a student with Long COVID is impacted, they can be evaluated to determine eligibility for school-based services. For students already identified for school-based services, Long COVID might entitle the student to additional or adjusted services. The Office of Special Education and Rehabilitation Services (OSERS), issued a Fact Sheet July 26, 2021, explaining the rights of children who may have a disability condition related to Long COVID. The rest of this article focuses on protections for children and students.

Section 504 support

Section 504 is part of the Rehabilitation Act and includes protections for individuals accessing a public space, service, or program. A person of any age with a disability has the right to accommodations and modifications if their disability condition significantly impacts a major life activity, such as breathing, walking, learning…. Section 504 guarantees equitable access to opportunities publicly available to people without disabilities. If COVID infection has caused a disability condition because of its lasting impacts, then Section 504 protections may apply.

In school, a Section 504 Plan provides a student with support in general education. Criteria are broad and determined if the student has a disability condition that impacts any aspect of their educational access. If so, the student is eligible for support to meet their needs.

For example, a student with Long COVID might have impacts to their breathing, walking, attention span, or stamina. They may need accommodations for a late start, a shortened school day, a reduced workload, or a place to rest while at school. If mental health is impacted, they may need social-emotional or behavioral supports to continue accessing their general education curriculum and class spaces.

School-based IEP services

If evaluation determines that Long COVID impacts a student (ages 3-21) to such a degree that special education and related services are necessary, then the student may be eligible for an Individualized Education Program (IEP). One eligibility category for IEP services, for example, is Other Health Impairment (OHI). For a full list of eligibility categories see PAVE’s article: IDEA: The Foundation of Special Education.

An educational evaluation determines:

  1. Is there a disability?
  2. Is there significant educational impact?
  3. Does the student require Specially Designed Instruction and/or Related Services?

If Long COVID has created a condition in which all three criteria are met, then the student receives services with an IEP. If the student already has an IEP and a COVID infection has created new barriers to learning, then a new evaluation may be needed to determine what additional services the IEP team can consider.

Here are a few examples of how Specially Designed Instruction (SDI) and Related Services might be included in an IEP to support a student with Long COVID:

  • A teacher provides instruction differently to support a student whose ability to focus is significantly impacted by Long COVID. Progress toward a skill of attention/focus is tracked to see if there is improvement or if something about the teaching strategy needs an adjustment.
  • A teacher helps a student learn emotional coping strategies after Long COVID caused severe anxiety and mood dysregulation. A goal is set to track progress on this social emotional learning (SEL) skill.
  • A physical education teacher provides a specially designed PE program for a student with Long COVID whose symptoms get worse with physical exertion. Goals are set, and progress is monitored. See PAVE’s article about Adapted PE.
  • A student with lingering physical symptoms of COVID receives physical or occupational therapy as a Related Services through the IEP.
  • A student with psychological impacts from the illness receives counseling as a Related Service on the IEP.

Of course, this is a short and incomplete list of possibilities. IEP teams are responsible to develop programming that is individualized to meet a student’s unique and specific needs. Evaluation data is critical in development of the services and programming, and families have the right to request an Independent Educational Evaluation (IEE) at district expense if they don’t believe the district’s own data is accurate or comprehensive enough to develop an appropriate IEP.

The primary entitlement of a student receiving school-based services is FAPE—Free Appropriate Public Education. FAPE means that services enable progress that is appropriate in light of the child’s circumstances. If Long COVID has disabled a student’s ability to access school appropriately, then they may be entitled to FAPE. The services that provide FAPE are determined individually and by a team that includes family participants.

Early intervention services

Health officials are reporting developmental delays related to COVID infections. Young children, Birth-3, who have been ill with COVID and have ongoing symptoms may be eligible for disability protections from the IDEA Part C, which provides federal funds for early intervention services delivered through an Individualized Family Service Plan (IFSP). According to the OSERS document about Long COVID:

“A child suspected of having a disability should be referred as soon as possible, but in no case more than seven days, after the child has been identified. With parental consent, a timely, comprehensive, multidisciplinary evaluation must be completed, and if the child is determined eligible, a child and family assessment must be conducted to determine the appropriate early intervention services and supports for the child and family.”

Resources to help you

PAVE provides resource collections to support families of children in various ages and stages:

PAVE’s Family-to-Family Health Information Center (F2F) provides direct assistance for questions related to health and wellness, insurance, and access to medical services. For questions about early intervention or school-based services, our Parent Training and Information (PTI) staff can help. Click Get Help from our home page at wapave.org to request individualized support.

Health Information for Families as Schools Reopen During COVID Pandemic

As schools open for the 2021-22 school year, families have decisions to make about health and safety. This article provides information and resources to address some key questions:

  • What measures are schools required to take to keep children and staff safe?
  • What COVID precautions should our family consider?
  • What should we do if returning to in person school doesn’t feel safe for our family?
  • Will schools address children’s social and emotional well-being after everything that has happened?

This article provides information to address these questions and includes state and federal resources to support families in decision making.

Overall priorities at the state and national level include:

  1. Health and physical safety by following a layered approach with COVID protocols for masking and hygiene to the maximum practical extent
  2. Mental health and social emotional learning support for all students, with state and federal funds to enable schools to hire additional staff focused on student well-being
  3. Accelerated academics to help students recover from interrupted learning (See PAVE’s article on Recovery Services)

These priorities are listed in the US Department of Education’s Return to School Roadmap, which includes this guidance in its opening paragraphs:

“We must welcome families back in authentically, listen and seek to understand their concerns, and respond to their needs, so that all families feel comfortable sending their students to school this fall. As we start the 2021-2022 school year, schools and communities must address gaps that were exacerbated by the pandemic and build our education system back better than before.”

What measures are schools required to take to keep children and staff safe?

Washington’s Department of Health (DOH) issued a 13-page document on July 28, 2021, to detail requirements for the 2021-2022 school year. The state’s guidance mirrors recommendations from the Centers for Disease Control and Prevention (CDC). Priority is to minimize virus transmission while maximizing in-person learning.

Families with questions or who need access to the DOH information in another format are encouraged to contact the COVID-19 Information hotline: 1-800-525-0127. Hours are 6 am-6 pm, with additional hours until 10 pm on Mondays. For interpretative services, press # when they answer and say your language. To request DOH information in another format, call 1-800-525-0127. Deaf or hard of hearing customers, please call 711 (Washington Relay) or email civil.rights@doh.wa.gov.

Here are key points from Washington’s DOH guidance:

  • Vaccination is recommended for anyone 12 and older, and schools must verify the vaccination status of staff and faculty as required by Labor and Industry. According to DOH, “Schools should promote vaccinations for eligible students, teachers, staff, and families.”
  • Face coverings are required for all students and staff indoors and during school transportation. Exemptions are made for “people with a medical condition, mental health condition, developmental or cognitive condition, or disability that prevents wearing a face covering.”
  • Physical distancing of three feet or more is recommended indoors as practical: “Physical distancing requirements should not prevent a school from offering full-time, in person learning to all students….”
  • Schools must maintain good ventilation: “Offer more outside time, open windows often, and adjust the HVAC system to allow the maximum amount of outside air to enter the program space and increase air filtration.”
  • Schools are tasked to teach and manage proper hygiene, including frequent handwashing and “respiratory etiquette” (cover coughs and sneezes/wash hands after blowing nose, etc.) to minimize viral spread: “Some students with disabilities might need assistance with handwashing and respiratory etiquette behaviors.”
  • Schools must clean and disinfect surfaces and spaces frequently, in accordance with guidance from the CDC and the Environmental Protection Agency (EPA).
  • Symptomatic students and staff are asked to stay home and seek a medical evaluation before returning to school.
  • Schools must ensure students and staff can access timely COVID testing.
  • Schools are recommended to screen students who are not fully vaccinated at least weekly when community transmission is at moderate or higher levels. In accordance with CDC guidance, the state is not recommending fully vaccinated people for routine screening. Additional testing is recommended for athletes, coaches, and others engaged in contact sports or activities such as singing, which generates aerosols from the mouth that can spread virus.
  • Isolation of ill individuals is required to be in a space reserved for first aid or a separated room with an open window or good ventilation: “If no appropriate indoor space is available and the child can be supervised and made comfortable, an outdoor setting is an acceptable emergency alternative if weather and privacy permitting.”
  • If a person tests positive for COVID, here’s when they can return to school:
    • 10 days since they first got sick (up to 20 days for severe illness or if immunocompromised)
    • 24 hours after fever is gone
    • Symptoms have improved

Students who need to stay home have educational rights

The CDC provides a Flow Chart to direct schools, students, and families about what to do if a student becomes ill at school.

Schools are asked to keep records about people who are exposed to others who are sick. If the person who was exposed to illness has not been vaccinated, they will need to stay home/quarantine themselves until it’s clear they aren’t getting sick. If the person exposed to COVID has been vaccinated or has recovered from a past COVID infection, they don’t have to quarantine if they aren’t sick. Schools are required to release information about COVID-19 cases to local public health officials as part of a case or outbreak investigation.

A student staying home sick has the right to educational access, including special education services that are accessible and support progress toward educational goals. According to DOH, “Schools must have a response and communication plan in place that includes communication with staff, families, their school district, and their local health jurisdiction. Schools should prepare for instructing students and their families who are excluded from school due to illness or quarantine in accordance with all federal and state laws.”

What COVID precautions should our family consider?

The CDC provides guidance for families for talking about COVID-19 and slowing its spread. Here are a few ideas: 

  • Reassure children that they are safe. Share how you deal with your stress, so they learn to cope from you. If a child is anxious, reduce exposure to pandemic topics in the media.
  • Avoid language that might blame others and lead to stigma.
  • Provide information that is truthful and appropriate for the age and developmental level of the child. Use the information in this article to share a few ideas about how school might have new rules for protecting everyone.
  • Seek trusted information about vaccines to make an informed decision about who in the family can and should be vaccinated. The CDC provides a three-minute video with overview information, and Family Voices of Washington provides an article with more detail to support decision making. To find a vaccination site in your area, go to COVIDWA.com or call 1-833-VAX-HELP (833-829-4357). Language assistance is available. You can also text your zip code to 438-829 for vaccine locations near you.
  • Teach everyday actions to reduce the spread of germs. Remind children to wash hands frequently and to cough or sneeze into a tissue or their elbow.
  • Practice mask wearing and choose face coverings that will work all day at school. If appropriate, involve students in a plan to keep the face coverings clean and ready for each school day. If a child’s disability prevents mask wearing, talk about why that will be okay and prepare to share disability specific information with school staff. DOH provides guidance about mask wearing and exemptions in an Order from the Secretary of Health

What should we do if returning to in person school doesn’t feel safe for our family?

The U.S. Department of Education with the CDC presented at a Parent Town Hall on July 29, 2021.  During the virtual event, Department of Education staff responded to a question by a parent who wanted her child to keep learning from home for health and safety reasons. The parent was reminded that the department provides guidance and best practice strategies but does not regulate state educational agencies or local districts.

The advice was to ask for a meeting with school and/or district staff to discuss a plan for ongoing distance learning. If a workable plan isn’t developed, families are advised to contact their state educational agency (OSPI in Washington), local school board, or governor’s office. Note that Washington is a local control state, so individual districts are responsible to write their own policies and procedures within the limits of state and federal law.

No student rights are waived due to the pandemic, and students have levels of educational protections depending on their circumstances. Every child has the right to a free public education, through Every Student Succeeds Act (ESSA). Students with disabilities have the right to a Free Appropriate Public Education (FAPE) that is equitable, accessible and designed to meet their individualized needs. The right to FAPE is protected by Section 504 of the Rehabilitation Act of 1973 and by the Individuals with Disabilities Education Act (IDEA).

If a student is eligible for an Individualized Education Program (IEP), the IEP team is responsible to make decisions about the best placement for a student to receive FAPE. FAPE requirements include the right to an IEP that is reasonably calculated to enable progress appropriate in light of the student’s circumstances.

If family caregivers believe that home-based instruction is necessary for safety and well-being, then the IEP team must consider the family’s request and document its decision process through Prior Written Notice (PWN). If the school makes a decision that the family disagrees with, parents of children with disabilities have Procedural Safeguards that protect their right to mediation or a complaint process.

Additionally, Washington families can contact their local school board, which is required to conduct its work through an Open Meeting process that allows for public comment. The Governor’s Office of the Education Ombuds (OEO) provides guidance to families and schools that need support to reach agreement.  

Will schools address social and emotional well-being?

Washington’s Office of Superintendent of Public Instruction (OSPI) has made clear in its guidance that student well-being is a priority as schools reopen. State and federal dollars, including those from the American Rescue Plan, enable schools to hire staff such as nurses and counselors to support student well-being.

OSPI provides a guidebook: Academic and Student Well-Being Recovery Plan: Planning Guide 2021 For School Districts, Tribal Compact Schools, and Charter Schools. Included is information about how state and federal dollars are awarded based on formal plans submitted by districts.

In their plans, districts must include statements about how student well-being will be supported. Districts are asked to prioritize social emotional learning and equity issues related to the disproportionate impact of the pandemic on different populations.

Families impacted by trauma, death, or other challenges during the pandemic can review their district’s Recovery Plan and consider whether their student’s needs are likely to be met. If there are concerns, family members can meet with school and district staff to request a more individualized approach. For students with IEPs, needs related to specific losses and trauma can be discussed in the context of an IEP Recovery Services plan. For more information about Recovery Services, see PAVE’s article: Recovery Services: What Families Need to Know as Schools Reopen.

Families who have experienced elevated stress due to COVID and want more support can reach out to the Washington Listens help line: 1-833-681-0211.

PAVE’s Family-to-Family Health Information Center (F2F) provides direct assistance for questions related to health and wellness, insurance, and access to medical services. For questions about school-based services, our Parent Training and Information (PTI) staff can help. Click Get Help from our home page at wapave.org to request individualized support.

Support for Youth Whose Post-High School Plans were Impacted by COVID-19

A Brief Overview

  • Students who did not make adequate progress on IEP goals due to COVID-19 may be eligible for Recovery Services. IEP teams are responsible to make individualized, student-centered decisions about this option for additional educational services.
  • Students who turned 21 and “aged out” of their IEP services during the pandemic may be eligible for Transition Recovery Services. Read on for information and resources.
  • Transition Recovery Services are funded through a combination of state and federal sources, including through the American Rescue Plan. Transition Recovery will be an option for several years—beyond Summer 2021.

Full Article

For students with disabilities, getting ready for life after high school can include work-based learning, career cruising, job shadowing, college tours, training for use of public transportation, community networking, agency connections, and much more. A student’s Individualized Education Program (IEP) is built to guide a student toward unique post-graduation goals.

COVID-19 halted the high-school transition process for many students. IEP teams are required to consider Transition Recovery Services to help those students get back on track toward post-secondary goals, including if they “aged out” by turning 21.

Transition Recovery Services are funded through a combination of state and federal sources, including through the American Rescue Plan. Transition Recovery will be an option for years—beyond summer 2021.

Keep in mind that Transition Recovery Services are uniquely designed for a specific student, and the “school day” may look quite different than traditional high school.

Eligibility for Transition Recovery Services is an IEP team decision

To consider Recovery Services, the IEP team reviews what a student was expected to achieve or access before COVID-19. The team then compares those expectations to the student’s actual achievements and experiences. If a service was “available,” but not accessible to the student due to disability, family circumstances, or something else, the team considers that.

Recovery Services are provided to enable students to get another chance on their transition projects and goals. According to guidance from Washington’s Office of Superintendent of Public Instruction (OSPI), IEP teams are responsible to discuss these topics in good faith and not rely solely on specific data measures for decision-making:

“Recovery Services should focus on helping the student achieve the level of progress on IEP goals expected if the pandemic had not occurred. These services should not be based on a percentage or formula calculation; the timeline and amount of recovery services should be an individualized decision for every student with an IEP.”

Keep in mind that schools are required to include family members on the IEP team. OSPI’s guidance also states, “Parents and families are key partners in identifying the need for Recovery Services, as they generally have current information about the student from the time of the school facility closures and since. As with all special education processes, school districts must provide language access supports, including interpretation and translation as needed, to support decisions about recovery services.

“School districts must ensure parents have the information and supports necessary to participate in the decision-making process.”

Here’s a set of questions for IEP teams to consider:

  1. What did we hope to accomplish?
  2. What did we accomplish?
  3. What was the gap, and how can we fill that gap?

OSPI’s guidance was shared with families at a May 26, 2021, webinar. OSPI shares its webinars publicly on a website page titled Monthly Updates for Districts and Schools.

Every IEP team should talk about Recovery Services

OSPI makes clear that school staff are responsible to discuss Recovery Services with every family that is part of an IEP team. “Families should not have to make a special request for this process to occur,” according to Washington’s Roadmap for Special Education Recovery Services: 2021 & Beyond.

The urgency of the discussion depends on a student’s circumstances. IEP teams supporting students at the end of their high-school experiences may need to meet promptly. Other teams may wait until the new school year or until the annual IEP review.

According to state guidance, “To be clear, OSPI is not requiring districts to immediately schedule and hold IEP meetings for every student with an IEP. These decisions may need to take place prior to the start of the 2021–22 school year, prior to the annual IEP review date, or could happen at the upcoming annual review date if the district and parent agree.”

The key question to bring to the meeting

TIP: Families and schools will consider this big-picture question, so write this one down and carry it into the IEP meeting:

“How will the school provide the services that the individual student needs to complete all of the experiences and learning that the IEP team had planned before a pandemic interrupted the high-school transition process?”

Transition Recovery Services are documented with PWN

OSPI guides IEP teams to document a support plan for a post-21 student through Prior Written Notice (PWN), which is a way schools notify families about actions related to a special education program. The school is responsible to provide PWN to family participants after any IEP meeting.

TIP: Review the PWN carefully to ensure that the discussion, decisions, and action steps are accurate. Family members can submit amendments to a PWN.

The IEP document itself cannot be amended to include post-21 services because federal law supports the right to a Free Appropriate Public Education (FAPE) for eligible students only through age 21.

What can families do?

  1. Reach out to the IEP case manager to discuss when to meet to discuss Recovery Services as part of a team meeting. If there is urgency, make that clear in a written request.
  2. Ask for documentation about progress made toward IEP annual and post-secondary goals during COVID-impacted school days. If there is no documentation, ask for a review of pre-pandemic data and an evaluation to determine present levels of performance.
  3. Share observations about what worked or didn’t work during remote or hybrid learning, and any missed opportunities caused by the pandemic. Ask for the school to formally document family and student concerns as part of the IEP team record.
  4. Procedural Safeguards include family rights to dispute resolution, including the right to file a formal complaint when there is reason to suspect a special education student’s rights were violated.

What if my student’s Transition Plan wasn’t fully formed?

An IEP can include transition planning any time the student, family, or teachers decide that life planning needs to be considered as an aspect of IEP services. The IEP Transition Plan aligns with a student’s High School and Beyond Plan, which Washington requires to begin before a student leaves Middle School. Therefore, some IEPs include a transition plan by about age 14.

Federal law (Individuals with Disabilities Education Act/IDEA) requires an IEP to include a Transition Plan by age 16. Although students aren’t required to participate, schools are required to invite students to participate in IEP meetings once transition is part of the program. PAVE provides an article to encourage youth participation on the team.

If the Transition Plan didn’t get built in a timely way due to the pandemic, IEP teams can begin that process and then consider whether Transition Recovery Services are warranted.

How are graduation requirements impacted by COVID?

On March 2, 2021, Governor Jay Inslee signed into law HB 1121, which allows for individual students to waive credit or testing requirements if their ability to complete them was disrupted by the pandemic. Temporary waivers were granted in 2020, and the new law gives the State Board of Education (SBE) permanent authority to grant school districts emergency waivers for cohorts of graduating seniors into the future. Schools are expected to help students meet requirements before falling back on the emergency waiver as a last resort.

To meet graduation requirements in Washington State, students choose from Graduation Pathways. For a student receiving special education services, the IEP team (including student and family) determines which pathway a student will follow and the target graduation date.

All students have the right to participate in Commencement

Students with disabilities have the right to participate in commencement ceremonies with same-age peers regardless of when they complete requirements for a diploma: See information about Kevin’s Law.

Riding the Waves: Vaccine Roll-Out in WA

This year the waves of information have been high at times, often, and the content can shift or change.  And here comes the much anticipated COVID Vaccines.  This video was created to address some of the most common questions that may rise to the surface and where to go to find how the vaccine is rolling out in Washington State. Visit the Department of Health for the most up-to-date vaccine distribution plans.