Early Learning Transition: When Birth-3 Services End

The Individualized Family Service Plan (IFSP) ends when a child turns 3. A transition to a preschool plan with an Individualized Education Program (IEP) requires a new evaluation and is a team-led process:

Planning begins 6-9 months before the third birthday.

  • The Family Resource Coordinator (FRC) schedules a transition conference to design a written Transition Plan.
  • The transition includes an evaluation that is conducted by the local school district and usually begins 2-3 months before the child’s third birthday.
  • If the child is determined eligible, the child will transition from a family-centered program of early learning (IFSP) into a school-based program (IEP).
  • Parent participation is critical: You are an important member of the transition planning team!

To qualify for an IEP, the child must meet evaluation criteria under the Individuals with Disabilities Education Act (IDEA). Criteria for Birth-3 services (Part C of the IDEA) are slightly different than the criteria for Special Education programming available for ages 3-21 (Part B of the IDEA).

To qualify for an IEP: (1) The student is determined to have a qualifying disability.  (2) The disability adversely impacts education. (3) The evaluation indicates a need for specially designed instruction.

Differences in Eligibility

IDEA Part C
(Also called Early Intervention -IFSP)

IDEA Part B
(Also called Special Education – IEP)
25% or 1.5 SD (Standard Deviation) Below the mean in one area of development – OR- 2 SD (Standard Deviation ) below the mean in one or more areas of development – OR –
Diagnosed physical or medical condition that has a high probability of resulting in delay  1.5 SD below the mean in two or more areas of development

Qualifying Disability Categories for IEP:

  • Developmental Delay (ages 3-8)
  • Specific Learning Disability
  • Intellectual Disability
  • Autism
  • Hearing Impairment
  • Emotional Disturbance
  • Deaf-blindness
  • Multiple Disabilities
  • Orthopedic Impairment
  • Other Health Impairment
  • Deafness
  • Speech/Language Impairment
  • Traumatic Brain Injury

A child who doesn’t qualify for an IEP:

  • May qualify for a Section 504 plan, which provides accommodations under the Rehabilitation Act of 1973 when:
    • The disability significantly limits one or more major life activities.
    • The student needs accommodations to access the general education curriculum.
  • May qualify for other services like Head Start, co-operative pre-school, paid pre-school or day care with early achievers, play-to-learn programs, and other early learning opportunities in a community setting.

Use this checklist to help track your family’s transition steps:

6-9 months before the child’s third birthday:

  • The Family Resource Coordinator (FRC) starts talking about transition.
  • The FRC transmits your child’s records to the school system, with your written consent. The most recent IFSP and evaluations/assessments are included.
  • If your child is potentially eligible for Part B services, a transition conference is scheduled.
  • Community resources are located.

Transition Conference:

  • Parent’s rights in special education are explained.
  • Options for early childhood special education and other appropriate services are discussed.
  • A transition time line is developed.
  • A transition plan is written into the IFSP.

Evaluation:

  • If you agree, you sign consent for evaluation.
  • Records from Early Intervention Services are received at the school.
  • Information from the family is considered.
  • Evaluation is completed, and the eligibility meeting is held within 35 school days so that an IEP can be developed before the child’s third birthday.

IEP Meeting:

  • The IEP meeting is scheduled with a formal written invitation with date, time and location.
  • Discussion and decision-making include the family, the FRC (with parent permission), and an early childhood special education staff member.
  • Eligibility for special education is decided.
  • If the child is eligible, the Draft IEP is brought to the team meeting and you will have the opportunity to agree or disagree.
  • You receive a copy of your rights and procedural safeguards.
  • If you agree, you sign consent for services to begin.

The IEP in action:

  • The child makes the transition from Early Intervention to Early Childhood Special Education or another pre-kindergarten arrangement, if chosen.
  • The IEP is in place by our child’s third birthday.
  • The team of professionals and parents continue working together to resolve any issues that arise.
  • All IEP team members communicate during this time of change.

What’s Next when Early Childhood Services End at Age 3?

A Brief Overview

  • Services for families with infants and very young children include family-focused, home-based support. Families are served with an Individualized Family Service Plan (IFSP). An IFSP ends when the child turns 3.
  • A child who qualifies for an Individualized Education Program (IEP) receives those services at school. Not all children who qualified for an IFSP will quality for an IEP. An IEP is for children ages 3-21, or until high-school graduation.
  • Families may transition from getting in-home help for their child with special needs to participating as members of an IEP team. This can feel like a big change. The information in this article can empower parents.
  • Transition planning starts at least half a year before the child’s third birthday. Providers, teachers, school administrators and the family start thinking and collaborating early about what the child might need to do well.
  • Read on to learn what parents need to know when a young child with special needs makes the transition from Birth-3 services into preschool or another program.
  • A parent-support agency called Informing Families provides a 12-minute video to guide parents through the early-learning transition process. 

Full Article

When a child is born with a disability or the family realizes early that an impairment might impact a young child’s ability to learn and develop at a typical rate, the family can get help from the state. Early Support for Infants and Toddlers (ESIT) is managed by Washington’s Department of Children, Youth, and Families (DCYF).

Services for families with infants and very young children include family-focused, home-based support. When a child is ready to graduate from those early-learning services, the school district determines whether to conduct an educational evaluation to see whether the child qualifies for school-based services. If a child qualifies, the family and school district work together to generate an Individualized Education Program (IEP), which can begin at age 3 in preschool.

A child who qualifies for an IEP receives those services at school. Families transition from getting in-home help for their child with special needs to participating as members of the IEP team. The goals change, and parents help teachers and school staff talk about what the child needs to successfully access school and learning. This transition can be disorienting to some families. Read on for more detail.

Early Intervention can start from birth

Early intervention services are guaranteed by the Individuals with Disabilities Education Act (IDEA), under “Part C” of the IDEA. The U.S. Department of Education manages a federal grant program under the Office of Special Education Programs (OSEP) that helps states manage early intervention programs to support infants and young children and their families.

Part C services are available for infants and young children who:

  1. Experience developmental delays, which are medically diagnosed to impact cognitive, physical, communication, social-emotional and/or adaptive skills
  2. Have a diagnosed physical or mental condition that has a high probability of resulting in a developmental delay

Washington’s ESIT program assigns agencies in each county to serve as a “lead agency” to coordinate early learning services and testing. The lead agency works with service providers and the family to review a child’s medical record, discuss any observations by caregivers, and conduct screenings to see what’s going on and whether the issues of concern meet criteria under Part C for early intervention. 

When a child is found eligible for services, a Family Resource Coordinator (FRC) manages the case. The FRC helps to develop an Individualized Family Service Plan (IFSP). Each plan is unique and may involve individualized instruction, therapy services and supported access to community resources. The plan is designed around the needs of the child and family and is not based on a predetermined program model.

Family-based, early learning services end on the child’s third birthday. A new educational evaluation is required to see whether the student qualifies for an IEP under “Part B” of the IDEA.

Part B services are available for children ages 3-21 (or until high-school graduation) who:

  1. Have a qualifying disability in at least one of 14 federal qualifying categories
  2. Are significantly affected by that disability at school (“Significant Educational Impact” is determined with evidence and data)
  3. Require specialized instruction to overcome the barriers of that disabling condition

To qualify for an IEP under the IDEA, a student meets criteria in one of 14 disability categories

Autism

Deaf-blindness

Deafness

Emotional Disturbance

Hearing Impairment

Intellectual Disability

Multiple Disabilities

Orthopedic Impairment

Other Health Impairment

Specific Learning Disability

Speech / Language Impairment

Traumatic Brain Injury

Visual Impairment/Blindness

Developmental Delay (ages 0-8)

 

Note that the disability category of developmental delay can qualify a child for free, family-focused services to age 3 and school-based, IEP services through age 8.

Helpers get creative during “Part C-to-B Transition” planning

The FRC helps the family and school district get ready. Often this is referred to as “Part C-to-B Transition” planning, so it’s helpful when families understand that Parts C and B come from federal law, the IDEA (Individuals with Disabilities Education Act), designed to ensure that children with disabilities get the help they need to be successful at school and prepared for life.

For families who have received services through the state’s early-learning program (ESIT), Part C-to-B Transition planning starts at least half a year before the child’s third birthday. Providers, teachers, school administrators and the family start thinking and collaborating about what the child might need to do well. The work includes a “Transition Planning Conference,” which happens about 90 days before a child turns 3. The participants at this meeting write a plan for what services or community supports the child might receive. 

Each plan is unique and designed to respond to individual needs. A child’s plan might indicate need for a specific child-care setting or medical-based therapies. The plan might include a referral to a specific, state-funded special-education preschool program through Head Start or the Early Childhood Education and Assistance Program (ECEAP, pronounced “E-Cap”). A transition plan also can name local playgroups or parent-support networks to connect the family to community resources. If a child’s educational evaluation has determined that the child is eligible for an IEP, then information about that is included.

Not all children who qualified for early-learning support will qualify for an IEP. Children who are not eligible for IEP services might be eligible to receive accommodations and support through a Section 504 Plan.

Early learning isn’t the only pathway to an IEP evaluation

Children who didn’t receive early-learning interventions can also be evaluated to determine whether they qualify for school-based services that can start as young as age 3 and can continue through age 21, or until a student graduates from high school.

Anyone with concerns about a child can refer the child for an educational evaluation. These referrals usually come from parents, teachers, medical providers or early-learning specialists. When a concerned adult formally requests an evaluation from the school district (best-practice is to make the request in writing), then the district is bound by the IDEA to respond to that request within 25 school days. PAVE provides a comprehensive article about the evaluation process.

The school district has a responsibility under the Child Find mandate of the IDEA to seek out and evaluate children with known or suspected disabilities who may need services. 

When a school district agrees to evaluate, parents sign consent for the assessments to begin. The IDEA requires schools to complete an evaluation within 35 school days. For a child receiving early-learning services, the first IEP meeting is required on or before the child’s third birthday.

Families may invite whomever they want to an IEP meeting. For example, they can invite the Family Resource Coordinator (FRC), a family member, a friend or any other support person. 

If the school district does not conduct an educational evaluation, or if the evaluation indicates that the child doesn’t qualify for school-based, IEP services, parents have the right to disagree with the school’s decision. The family can request a written statement that describes the school district’s position, with any information or data that was used to justify the decision.

Parents have rights to disagree through a variety of dispute engagement options. PAVE provides comprehensive articles about evaluation, IEP process and Procedural Safeguards, Student and Parent Rights.

PAVE’s Parent Training and Information (PTI) center provides technical assistance and can help parents understand how to participate in their child’s learning. Got to: wapave.org/get-help or call (253) 565-2266, 1-800-5-PARENT ext.115

The Arc of Washington hosts local Parent-to-Parent (P2P) programs across the state. Families can request a “support parent match” to talk with another parent who has already navigated this process. Visit Arcwa.org for more information.

Additional Resources:
Informing Families – informingfamilies.org
Office of Superintendent of Public Instruction (OSPI) – k12.wa.gov   
OSPI Early Childhood services –  k12.wa.us/Specialeducation/earlychildhood
Early Intervention Resources in English and Spanish – ParentCenterHub.org
Washington State Department of Children, Youth, and Families – dcyf.wa.gov

If you are concerned about a child’s development:

Children’s Long-Term Inpatient Program (CLIP) Provides Residential Psychiatric Treatment

A Brief Overview

  • CLIP serves children ages 5-18 by providing residential mental-health treatment for a long-term stay that usually lasts 6-12 months. Read on for more information about CLIP eligibility and how to initiate a referral.
  • Governor Jay Inslee in December recommended $675 million in new funding for behavioral health improvements statewide, and policymakers are working on a variety of bills during the 2019 legislative session. Families can contact lawmakers to participate in advocacy.
  • The state has a Stakeholder Advisory Group discussing issues related to Parent-Initiated Treatment. A group of engaged parents participates in a conversation on a Facebook page called Support SB 5706.
  • Studies show that 1 in 5 children will suffer from mental illness. PAVE has additional articles and webinars about mental health education in school, suicide and Social Emotional Learning.

Full Article

Families have few options to help a child with a psychiatric illness that makes in-home, community-based care unworkable. Local hospitals are designed to provide crisis care and generally do not keep a patient for mental health treatment and recovery beyond a few days or weeks. Sometimes those short hospitalizations are not long enough to offer true stability that allows a child to return to school and life with successful outcomes.

One choice is to apply for the Children’s Long-Term Inpatient Program (CLIP), a state program that manages 89 beds in five locations throughout Washington. Most CLIP referrals are for children with Medicaid—public health insurance. Families with private health insurance have access to CLIP but may be referred first to private facilities for long-term, inpatient care. Medicaid is the payer of last resort.

Who is Eligible for CLIP?

  • Youth ages 5 to 18
  • Legal residents of Washington State
  • Youth diagnosed with a severe psychiatric disorder
  • Youth possessing a risk to themselves or others
  • Youth who warrant care under the supervision of a psychiatrist because of grave disability due to psychiatric illness
  • Youth who are not successfully treated through community-based mental health resources

CLIP serves children ages 5-18 by providing residential mental-health treatment for a long-term stay that usually lasts 6-12 months. Please note that eligibility for CLIP ends on the child’s 18th birthday.

Parents/legal guardians engage with the treatment team while the child is at the CLIP facility. The goal is to help the child stabilize and provide the family with the tools needed for a successful return to the home, school and community. Children attend school while at CLIP, and teachers manage any Individualized Education Program (IEP) or Section 504 plan that travels with the student from the local district.

Parents and legal guardians can refer children to CLIP by applying through one of the regional committees positioned throughout the state. Contact information for regional committee leadership is available through the CLIP website. The regional committee meets with the family to discuss the case and determine whether to refer the case to the CLIP Administration for review. The state committee then determines whether to approve the case for CLIP. Sometimes a child is put on a waiting list for an available bed.

Please note that families need an organized set of medical and school paperwork to complete CLIP applications. Refer to PAVE’s article about document management for guidance about how to create a care notebook or other filing system for this and other purposes.

The regional CLIP committee includes care providers from managed care organizations and other agencies that may provide additional support and resources to the family, regardless of whether a CLIP referral is recommended. Generally, the committee determines that all community-care options have been exhausted before recommending a more restrictive placement through CLIP. The team will also make a recommendation based on whether the child is likely to benefit from the therapeutic program, which is mental-health based and may not be a good fit for an individual with a severe form of developmental or intellectual disability.

The largest CLIP facility is the Child Study and Treatment Center (CSTC) in Lakewood, adjacent to Western State Hospital. CSTC provides 47 beds in cottages that house children in groups by age. Additional options include:

  • Burien, Sunstone Youth Treatment Center: 10 beds
  • Tacoma, The Pearl Street Center: 12 beds
  • Spokane, the Tamarack Center: 16 beds
  • Yakima, Two Rivers Landing: 4 CLIP beds in a facility with 16 total youth beds

Parents can initiate a referral, but children over Washington’s Age of Consent (13) must volunteer to go to a CLIP facility unless a county Designated Crisis Responder (DCR) determines the child meets the state’s criteria for a 180-day commitment under the Involuntary Treatment Act (ITA). Any persons over the age of 13 in Washington must be imminently threatening to harm themselves or others or be severely gravely disabled, in a state of extreme psychiatric deterioration, to receive an ITA admission to any inpatient facility.

Wording from Washington’s gravely disabled statute is as follows: “Manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.”

State lawmakers are engaged in work to consider changes to the ITA law, and families are invited to contact policymakers if they have thoughts or concerns to share about this initiative or other activities related to treatment access, Age of Consent laws or Parent-Initiated Treatment. Governor Jay Inslee in December recommended $675 million in new funding for behavioral health improvements statewide.

CLIP is funded with state and federal dollars. A child’s Medicaid case manager through a Managed Care Organization (Molina, Community Health Plan of Washington, Coordinated Care, Amerigroup or United Healthcare) can provide guidance about CLIP applications. Families also can request further information from a care management team through the Wraparound with Intensive Services (WISe) program, which provides outpatient care coordination for children with intensive psychiatric needs in various Washington communities. A CLIP referral often happens because WISe was unable to help the child stabilize in the home.

WISe is managed through the state’s Health Care Authority, and HCA is another source for information about various options for mental healthcare for Medicaid-eligible children, youth and families. Families can reach out to the HCA for further information.

 

 

 

Mental Health Education and Support at School can be Critical

A Brief Overview

  • Approximately one in five youth experience a mental illness before age 25. About half of those with diagnosed conditions drop out of school.
  • Suicide kills two Washington students each week.
  • These outcomes make adolescence a critical time for mental health promotion, early identification and intervention.
  • A mom in Graham, WA, launched a program to improve education about mental health after her son died by suicide in 2010. The Jordan Binion Project has trained about 500 Washington teachers with an evidence-based curriculum from Teen Mental Health.
  • Emotional Disturbance is a federal category of disability under the Individuals with Disabilities Education Act (IDEA). A student might qualify for an Individualized Education Program (IEP) under this category, regardless of academic ability. To qualify, a disabling condition must significantly impact access to learning. An educational evaluation also must show a need for specialized instruction.
  • Parents can share these resources with school staff, who may be seeking more information about how to help youth struggling to maintain their mental health.

Full Article

The thousands of young people who send thank-you letters to Deb Binion didn’t always believe their lives were going to work out. One writer had attempted suicide and been hospitalized many times because of her bipolar disorder. Two years after finishing high school, she reported she was doing well and offered thanks for a course in mental health that helped her understand her illness, its impacts on her brain, and how to participate in her treatment. “It made a total difference in my life,” she said in her thank-you letter.

“Until she got the educational piece and understood her illness, nothing was helping,” Binion says. “No one had ever explained to her why she had this illness and what was occurring.”

The program, which Binion started after her son Jordan’s suicide in 2010, has trained about 500 school staff throughout Washington State to help young people understand mental illness and what to do to support themselves and others. Although the numbers are difficult to track, Binion estimates that about 100,000 Washington students receive education through the curriculum each year.

“My mission is to get this information to the kids,” says Binion, who runs the non-profit Jordan Binion Project from her home in Graham, WA. She says a short-term, limited pilot project with the Office of Superintendent of Public Instruction (OSPI) showed promising results, with 60 teachers throughout Washington informally reporting that about 85 percent of students showed improvement in their “mental health literacy,” a key feature of the program.

Teachers are specially trained to provide the Mental Health Curriculum

The curriculum, available through TeenMentalHealth.org, was developed by a world-renowned adolescent psychiatrist and researcher, Stan Kutcher. He observed that classrooms often struggle to provide an emotionally safe learning environment for students with psychiatric conditions. Some attempts to provide education about mental health have created confusing and triggering circumstances for students impacted by illness and/or trauma, he found.

Kutcher, professor of psychiatry at Dalhousie University in Nova Scotia, Canada, responded with a model for training school staff in how to teach sensitive topics of mental illness:

  • eating disorders
  • anxiety/depression
  • attention deficit hyperactivity disorder (ADHD)
  • obsessive-compulsive disorder (OCD)
  • bipolar disorder
  • schizophrenia
  • post-traumatic stress disorder (PTSD)
  • suicidal thinking

Deb Binion says the program was designed for students in grades 9-10, but middle-school and older students are also learning from it.  She says the program takes about 8-12 hours to teach and that teachers in regular health classes, psychology classes, family and consumer science classes and others have taught the lessons.

Binion suggest that staff receive in-person training to understand how to create a safe learning environment for students. For example, teachers learn to provide individualized help without disclosing a student’s disability or medical condition to the class.

The topics can be confusing or triggering to some learners. Some of the videos might be difficult to watch because they include personal stories of self-harm, hospitalization and people suffering from emotional stress. The program may need individualized modifications for students in special education programs because of intellectual or developmental disabilities.

For information about how to bring a training to your area, individuals can contact Deb Binion through the Jordan Binion Project website or directly through her email: deborah@jordanbinionproject.org.

Washington State recognizes a need for more education and direct support

OSPI, which oversees all school districts in Washington, provides an overview of Kutcher’s work and its connection to the Jordan Binion Project as part of the Mental Health & High School Curriculum Guide. Content in the guide was a collaboration between Kutcher and the Canadian Mental Health Association. At Dalhousie University in Nova Scotia, Kutcher serves as Sun Life Financial Chair in Adolescent Mental Health and Director of the World Health Organization Collaborating Center in Mental Health Training and Policy Development.

Washington State is aware that a lack of mental health services is impacting students. Last year OSPI released data that two children enrolled in Washington schools die by suicide weekly.

According to a 2016 Washington Healthy Youth Survey, about 15 percent of teens in the state report that they have made a suicide plan. About the same percentage report that they don’t have adults to turn to when they feel depressed or anxious. The survey asked about sadness and hopelessness and whether the feelings could interrupt life for at least two weeks. About a third of the teenagers responded yes. The Centers for Disease Control reports that rates of completed suicide are rising in every region.

 

Two charts with the title, Students Experiencing Significant Mental Health Issues: 2016 Healthy Youth Survey Data

An OSPI survey in 2018 found that the number one concern statewide is that students don’t receive enough direct support in mental health, counseling and advising. Lawmakers are addressing a variety of bills during the 2019 legislative session related to mental healthcare and education. The public can contact lawmakers to participate in advocacy, and PAVE’s Washington Parent Training and Information Facebook page provides updates about some state actions that may impact families and students.

The Teen Mental Health website cites an international statistic that 1 in 5 youth experience a mental illness before age 25. Many of those illnesses lead to life challenges that require help, the agency concludes, and this makes adolescence a critical time for mental health promotion, prevention, early identification, and intervention. The agency provides a School-Based Pathway Through Care that promotes linkages between schools and healthcare agencies, parent involvement and strong educational programs that reduce stigma through knowledge and timely treatment access.

One way that Washington State has responded to the crisis is through promotion of trainings in Youth Mental Health First Aid. Through Project AWARE (Advancing Wellness and Resilience in Education) and other initiatives, Washington has grown a network of about 100 trainers for Youth Mental Health First Aid and about 4,000 first aid providers. These trained individuals can listen actively in order to offer immediate caring and can also refer youth to providers. OSPI reports that Project AWARE has led to 3,964 referrals for youth to connect with community- or school-based mental health services.  

Washington has a program for treatment response for youth experiencing psychosis. The New Journeys Program is designed for youth 15-25 who are early in their diagnoses, but there is some flexibility in who might be eligible to participate. Families can contact the program for additional information about how to apply.

Information about psychosis, early warning signs and places to seek help are available through the website of the Washington Health Care Authority (HCA). The website contains a link to information about the Wraparound with Intensive Services program (WISe), which provides community case management for children and youth experiencing a high-level of impact from a mental illness.

Special Education is one pathway toward more help

Students access some aspects of mental health support through the special education system. Emotional Disturbance is a federal category of disability under the Individuals with Disabilities Education Act (IDEA). In Washington State, the category is referred to as Emotional Behavior Disability (EBD). The IEP might list any set of these words or the initials EBD or ED.

A student might qualify for an Individualized Education Program (IEP) under this category, regardless of academic ability. A comprehensive educational evaluation can determine whether a student’s mental condition causes a significant disruption to the student’s ability to access school and learning and whether the student needs specialized instruction. Generally, that specialized instruction is provided through a category of education known as Social Emotional Learning (SEL). SEL can be provided in multiple tiers that might include schoolwide education, small group training and individualized programming. OSPI provides recommendations from a 2016 Social Emotional Learning Benchmarks Workgroup.

A student with a mental health condition also might qualify for an IEP under the category of Other Health Impairment (OHI), which can capture needs related to anxiety, ADHD, Tourette’s Syndrome or another specific diagnosis. Students with a mental health condition that co-occurs with another disability might qualify under another category, and Social Emotional Learning might be an aspect of a more comprehensive program. PAVE’s articles about the IDEA and the IEP provide further information about IEP process, the 14 categories of qualifying disabilities and access to special education services. A student with a mental health condition who doesn’t qualify for an IEP might qualify for a Section 504 plan.

If a student, because of a disability, is not accessing school and learning, then the school district holds the responsibility for appropriately evaluating that student and determining the level of support needed to provide access to a Free Appropriate Public Education (FAPE). Questions about FAPE might arise if a student with a mental health condition is not accessing school because of “school refusal,” which sometimes leads to truancy, or because a student is being disciplined a lot. Students with identified disabilities have protections in the disciplinary process; PAVE provides an article about school discipline.

Help NOW can mean a lifetime of better opportunities

The Center for Parent Information and Resources (ParentCenterHub.org) has a variety of resources related to mental health awareness, including a link to a video that details results from a national study. The study showed that students who qualified for special education programming because of Emotional Disturbance experienced the highest drop-out rates when they went into higher education, work and vocational programs. Meaningful relationships with adults who cared about them in school provided a significant protective factor. Students were more likely to succeed in life-after-high-school plans if specific caring adults provided a soft hand-off into whatever came next after graduation.

Here are a few additional resources:

  • NBC featured the Binion family and the work of their foundation.
  • OSPI provides schools with resources related to mental health education, including information related to suicide awareness and prevention.
  • PAVE provides a 40-minute webinar about suicide awareness.
  • The state currently is considering a bill to improve funding for counseling services and other bills that would boost education around mental health.
  • PAVE provides additional information about Social Emotional Learning (SEL) and state actions related to SEL programming and staff development in a series of three articles.
  • A federal agency called the Child Mind Institute provides parents with guidance about getting good mental-health care for their children and has articles on specific diagnoses and what parents and schools might do.
  • For 1:1 assistance, families can reach out to PAVE’s Parent Training and Information Center through our online Help Request Form or by calling 800-572-7368.

Here are some articles specifically about Bipolar Disorder in Youth:

Accommodations for Students with Bipolar Disorder and Related Disabilities

Educating the Child with Bipolar

Bipolar & Seasons: Fall Brings More Than Just a Change in Colors

 

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.
  • 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.

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

Federal laws also 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. Priority is placed on positive interventions to avoid disciplinary actions that disrupt learning. A four-page Parent Guide is available from OSPI.

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). OSPI issued a bulletin September 8, 2016, that states, “When educational services are provided in an alternative setting, the alternative setting should be comparable, equitable and appropriate to the regular education services a student would have received without the exclusionary discipline.” The bulletin mentions alternative schools, 1:1 tutoring and online learning as examples of alternative settings.

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 discipline laws include statutes in the Revised Code of Washington (RCW) and rules in the Washington Administrative Code (WAC). 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.

When 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 any time formal disciplinary actions are taken and any time that their child experiences isolation or restraint.

Where to find the state laws

For a link to the complete Washington Administrative Codes (WACs) that describe the Final Rules for the 2018-19 and 2019-20 school years, visit OSPI’s website and click on links for the downloadable PDF documents: www.k12.wa.us/studentdiscipline