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

A Brief Overview

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

Full Article

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

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

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

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

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

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

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

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

Washington State has new rules for schools

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

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

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

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

Students with disabilities and students of color are disciplined more frequently

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

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

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

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

In general, Washington’s new state rules:

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

When are students entitled to a Manifestation Determination Hearing?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Schools teach skills for expected behavior

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

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

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

School discipline is a national topic of concern

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

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

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

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

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

Inappropriate discipline may be a denial of FAPE

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

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

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

Guidance related to isolation and restraint

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

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

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

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

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

Equity work in school discipline is ongoing statewide

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

 

IDEA: The Foundation of Special Education

The Individuals with Disabilities Education Act (IDEA) is a federal law that was passed in 1990 and has been amended. The IDEA provides children with qualifying disabilities, from birth to age 21, with the right to a free public education that is specifically designed to meet their unique, individual needs.

Some important concepts carried over from the Education for All Handicapped Children Act, passed in 1975. That was the first United States law that required schools to provide Special Education to all children with disabilities. PAVE has an article about special education history.

This article provides an overview of the IDEA, which is unique as a law that provides an individual entitlement. Entitlement means that a child with unique needs gets those needs served on an individual basis, not based on a system or program that’s already built and available. The strengths and challenges of a specific student are assessed, and a team including family members and professionals works together to design a program.

The local school district is responsible for providing the program—specialized instruction, services, accommodations and anything else that the team has identified as necessary to provide the student with access to an appropriate education.

FAPE is an important acronym to learn!

The first principle of the IDEA is the right to a Free Appropriate Public Education, FAPE. Figuring out how to provide FAPE is the work of the school and family team that supports a student with a disability. PAVE provides a video Introduction to Special Education that includes more information about FAPE.

Progress measurements are guaranteed under the IDEA to ensure that the student finds meaningful success, in light of the circumstances of disability. If a neighborhood school cannot provide the services and programming to guarantee FAPE, then the school district is responsible to create a program and placement that does meet the student’s needs. PAVE has an article about the placement decision process.

The federal law drives how states design their own special education policies and procedures. Title 34, Part 104 is the non-discrimination federal statute under the Office for Civil Rights Department of Education. In Washington State, rules for the provision of special education are in Chapter 392-172A of the Washington Administrative Code (WAC).

The IDEA considers the whole life of a person with a disability

The IDEA is written in three parts: A, B and C. Part A describes the general goals and purpose of the law. The right of a child with disabilities to receive an education that prepares that child for adult life is stated in Part A: ​

“Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society…

“Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.”

Part B of the IDEA covers children ages 3 through 21—or until graduation from high school. Students who receive services through an Individualized Education Program (IEP) are covered under Part B. The six principles listed at the end of this article describe IDEA’s Part B protections.

Part C protects children Birth to age 3 who need family support for early learning. ​The disability category of developmental delay overlaps early learning and IEP and can qualify a child for free, family-focused services to age 3 and school-based services through age 8. PAVE has an article about the transition between Part C and Part B services.

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

  • Autism: A student doesn’t need a medical diagnosis to be evaluated in the area of autism. If features from the autism spectrum of disability may significantly impact access to education, then the school can assess those features to determine eligibility and special education needs.
  • Emotional Disturbance: Anxiety, Depression, Serious Mental Illness and/or behavior disabilities can fall under this category, which Washington schools often refer to as Emotional Behavioral Disability (EBD). PAVE has an article about mental health in school.
  • Specific Learning Disability: Issues related to dyslexia, dysgraphia, dyscalculia or other learning deficits can be educationally assessed. A formal diagnosis is not required for a student to qualify under this category. A Washington law taking full effect in 2021-22 requires schools to screen for dyslexia: See PAVE’s article about dyslexia.
  • Other Health Impairment: ADHD, Tourette’s Syndrome and other medical diagnoses are captured within this broad category, often shorted to OHI or Health-Impaired on the IEP document.
  • Speech/Language Impairment: This category can include expressive and/or receptive language disorders in addition to issues related to diction. Social communication deficits might qualify a student for speech services.
  • Multiple Disabilities: Students with complex medical and learning needs can meet criteria in this category.
  • Intellectual Disability: A student with Down Syndrome or another genetic or cognitive disorder might meet criteria in this category.
  • Orthopedic Impairment: OI refers to physical disabilities that impact access to education.
  • Hearing Impairment: Note this is a separate category from deafness or deaf-blindness, as educational testing and identified needs may differ.
  • Deaf blindness
  • Deafness
  • Visual Impairment/Blindness
  • Traumatic Brain Injury: Brain Injury Alliance of WA is a good place for resources to better understand TBI and how to support a student with medical and educational needs.
  • Developmental Delay (ages 0-8): This category can qualify a child for early learning (Birth-3) services in addition to IEP services through age 8. By age 9, a new evaluation may determine eligibility in another category for IEP services to continue.

Educational evaluations ask 3 key questions

The disability must have an adverse impact on learning. Not every student who has a disability and receives an evaluation will qualify for an IEP. Following procedures described by the IDEA, school districts evaluate students to consider 3 key questions:

  1. Does the student have a disability?
  2. Does the disability adversely impact education?
  3. Does the student need Specially Designed Instruction (SDI)?

When each answer is yes, a student qualifies for services. In each area of eligibility, specialized instruction is recommended to help the student overcome the impact of the disability in order to access FAPE. PAVE provides comprehensive articles about evaluation and IEP process.

IDEA’s Primary Principles:

  1. Free Appropriate Public Education (FAPE): Students with disabilities who need a special kind of teaching or other help have the right to an education that is not only free but also “appropriate,” designed just for them. Under IDEA rules, schools provide special education students with “access to FAPE,” so that’s a common way to talk about whether the student’s program is working.
  2. Appropriate Evaluation: The IDEA requires schools to take a closer look at children with potential disabilities. PAVE has an article about the Child Find Mandate. There are rules about how quickly those evaluations get done. The results provide information that the school and parents use to make decisions about how the child’s education can be improved. See PAVE’s article about evaluation process.
  3. Individualized Education Program (IEP): An IEP is a dynamic program, not a packet of paper. PAVE provides a short video overview of IEP process. The document that describes a student’s special education program is carefully written and needs to be reviewed at least once a year by a team that includes school staff and parents/guardians. Every student on an IEP gets some extra help from teachers, but the rest of the program depends on what a student needs to learn. Learning in school isn’t just academic subjects. Schools also help students learn social and emotional skills and general life skills. By age 16, an IEP includes a plan for life beyond high school, and helping the student make a successful transition into life after high school becomes a primary goal of the IEP.
  4. Least Restrictive Environment (LRE): The IDEA says that students should be in class with non-disabled classmates “to the maximum extent appropriate.” That means that regular classrooms and school spaces are first choice as the “least restrictive” places. If the school has provided extra help in the classroom but the special education student still struggles to be successful, then the IEP team considers other options, such as a structured learning classroom. The school explains placement and LRE in writing on the IEP document. PAVE has an article about LRE.
  5. Parent and Student Participation: The IDEA and state regulations about IEP team membership make it clear that parents or legal guardians are equal partners with school staff in making decisions about their student’s education. When the student turns 18, educational decision-making is given to the student. The school does its best to bring parents and students into the meetings, and there are specific rules about how the school provides written records and meeting notices (WAC 392-172A-03100).
  6. Procedural Safeguards: The school provides parents with a written copy of their rights at referral and yearly thereafter. A copy of the procedural safeguards is available online from the Office of Superintendent of Public Instruction (OSPI), the guidance agency for Washington schools. Parents may receive procedural safeguards from the school any time they request them. They also may receive a copy if they file a Citizen Complaint or Due Process. Procedural safeguards are offered when a school removes a student for more than 10 days in a school year as part of a disciplinary action. When parents and schools disagree, these rights describe the actions that a parent can take informally or formally. PAVE provides a webinar called Parents as Partners that describes some of the procedural safeguards and offers communication strategies when parents and schools disagree.

PAVE provides information, resources and, in some circumstances 1:1 support through our Parent Training and Information (PTI) center. To get help, reach out through our Help Request Form or by calling 800-572-7368.

 

Ideas to Support Children and Families Impacted by Abuse, Trauma and Divorce

Brief Overview

  • The National Education Association (NEA) recognizes that childhood experiences related to domestic abuse, trauma or divorce affect education. This article includes recommendations for teachers, family members or other adults who might advocate for a student who needs more help due to challenging life circumstances.
  • Researchers agree that a trauma-sensitive approach to special education can be critical and urge schools to approach discipline with caution in order to avoid re-traumatizing students.
  • After a divorce, both parents participate in educational decisions unless the divorce decree or another court action specifically removes a parent’s rights. This article includes tips for navigating those circumstances. A parenting plan that designates a primary parent for school interactions is one idea.
  • Schools can accommodate survivors of domestic abuse to help them participate safely in the special education process for their children. Alternative meeting spaces are among ideas further described below.

Full Article:

Students who experience trauma often have a rough time staying emotionally stable and keeping their behavior on track for learning at school. Research about Adverse Childhood Experiences (ACEs) lists many childhood conditions that impact a person’s lifelong health and access to opportunities. High on the list are trauma from domestic abuse and divorce. For many families, complex trauma includes both.

A child’s response to trauma may look like disobedience or lack of motivation. A family member or teacher might notice that a child is regressing. A student may have delays in social communication or emotional regulation–skills schools teach in an emerging area of education called Social Emotional Learning. Some children survive severe distress but don’t demonstrate obvious changes in behavior or disrupt the classroom. In all cases, figuring out what’s happened and how to help requires a thoughtful, individualized process.

A family member, school employee or any concerned adult can respond by seeking an evaluation to determine whether the student has a disability and qualifies for services delivered through an Individualized Education Program (IEP) or a Section 504 plan.

Note: Section 504 is part of the Rehabilitation Act of 1973, which protects individuals with a disabling condition that impact a “major life activity.” An article on PAVE’s website further describes Section 504 and the differences between a 504 Plan and an IEP. PAVE also provides comprehensive articles and on-demand webinars about special education process, the IDEA, evaluation, and other topics listed under Learning in School at wapave.org.

A behavioral or emotional disability that significantly impacts access to learning can qualify a student for an IEP under the Individuals with Disabilities Education Act (IDEA) if the student demonstrates a need for Specially Designed Instruction (SDI). Among the IDEA’s 14 qualifying categories of disability are Emotional Disturbance, which captures a variety of behavioral health conditions, and Other Health Impairment, which sometimes captures conditions related to attention deficit, anxiety or depression. A child who isn’t found to have a qualifying disability might benefit from a behavior support plan or counseling services at school. 

Supporting and educating students with trauma histories has become a priority for the National Education Association (NEA), with a specific focus on students who have experienced or witnessed domestic violence, sexual abuse and related traumas.

The problems are widespread: More than half of women who experience domestic violence have children younger than 12, and data indicate that nearly half of those children witnessed the abuse.

Response to a child’s symptoms may be complicated by cultural considerations: Some cultures may be more accepting of abuse, less trusting of authorities or afraid of the fallout within the community. An agency in Washington that helps when multicultural issues create barriers is Open Doors for Multicultural Families.

Best Practice Strategies to Help

On its website, the NEA offers an article: Best practices for supporting and educating students who have experienced domestic violence or sexual victimization. The article provides strategies to support traumatized students. Here is a summary of some points:

  • Provide structure, a sense of security and a safety plan: “Children who experience abuse often yearn for structure and predictability.”
  • Help students understand available support and the teacher’s role as a mandated reporter: “The larger the number of people available to listen to a student, the more likely that student is to disclose abuse.”
  • Validate and reassure the student: “Provide non-judgmental, validating statements if a student discloses information. Sample statements include That must have been scary or It must be difficult to see that happening.”
  • Identify triggers of anxiety or challenging behavior: “…be prepared for negative emotions and behaviors from the student in response to triggers.”
  • Use a daily Check In to provide a solid foundation for relationship building: “It can be helpful to use pictures or a rating scale to help students identify and label their emotional states.”
  • Directly teach problem solving skills: “Be honest with students about how you’re feeling and talk through your actions in response to challenging situations.”

Domestic Abuse is Common

Understanding the nature and prevalence of domestic abuse can grow compassion, combat stigma and promote shared problem-solving. The National Coalition Against Domestic Violence (NCADV), defines domestic violence as “willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another.”

Acts of domestic violence can be physical, sexual, threatening, emotional or psychological.  Statistically, 1 in 4 women and 1 in 9 men experience some form of domestic violence; its prevalence is noted among all people regardless of age, socio-economic status, sexual orientation, gender, race, religion, or nationality.

How to Notice Something is Wrong

When domestic abuse impacts a child’s access to education, figuring out how to help requires thoughtful consideration. The NEA describes specific characteristics of children who have experienced trauma and how their ability to function is compromised. Here is a summary from NEA’s article:

Regulation

  • Children may find it hard to explain their emotional reactions to situations and events.
  • They may appear inattentive or hyperactive—or fluctuate between both.
  • Loud or busy activities can trigger a confusing reaction: a child might lose control about something that is usually a favorite.

Social Skills

  • Children may have “disordered social skills,” playing inappropriately or lacking typical boundaries.
  • They may withdraw socially or try to control situations in ways that seem rude or look like bullying.
  • They might develop “friendships” based on negativity and be unable to develop high-quality, appropriate friends.

Cognitive Function

  • Children impacted by trauma may be mentally overwhelmed and struggle to follow directions or shift from one activity to another, even with prompting. (Adults may mislabel these cognitive inabilities as deliberate or defiant behaviors.)
  • Children may overly depend on others but struggle to ask for help.
  • An impaired working memory can make it difficult for the child to start or finish a task, pay attention and/or concentrate.

Evaluate with Trauma in Mind

The Federation for Children with Special Needs provides a downloadable article called Trauma Sensitivity During the IEP Process. The article provides suggestions for making the evaluation process trauma sensitive and includes this statement:

“By becoming aware that violence may be at the heart of many of the child’s learning and behavioral difficulties, school personnel may be able to mitigate much of the lasting impact of trauma.”

The federation urges schools to approach discipline with caution in order to avoid re-traumatizing students and encourages use of the Functional Behavioral Assessment tool and a framework of Positive Behavioral Interventions and Supports (PBIS):

“Self-regulation describes the ability of a child to ‘put the brakes on’ in times of emotional stress. Traumatized children are hyper-aroused; they view their world as dangerous and unpredictable and they are prepared to react in a moment’s notice, usually in inappropriate (and possibly unsafe) ways…IEP Team Meeting members can go a long way towards ameliorating this hyper-arousal by asking for Functional Behavioral Assessments to ascertain the reason for the inappropriate reactions as well as ways to replace the behaviors with better coping skills and strategies.”

A trauma-informed approach at school meetings can help the team figure out why unexpected behaviors happen or why academic progress seems so hard to achieve. Promoting healthy relationships by designing intentional time with trusted adults and developing a creative strategy for Social Emotional Learning (SEL) at school are strategies the team can discuss. A trauma-informed approach, the federation contends, “encourages educators to ask, What happened to you? instead of What’s wrong with you?

When Divorce Complicates Work with the School

Another domestic issue that sometimes complicates circumstances for families navigating special education is divorce. The US Department of Education stresses that parents or legal guardians are decision-makers for their children. Whether parents are married or separated, they both are equal decision-makers in special education process unless the divorce decree or another court action specifically removes that right.

A parenting plan can be written with specific instructions about which parent is the educational decision maker.

The school needs a copy of the parenting plan in order to follow it. Without a plan in place, either parent who shares joint legal custody can sign an educational document that requires parental consent, even if the student lives full time with only one parent. Parental rights include access to records and educational information about the student. A non-custodial parent has the right to be informed of meetings and attend meetings.

Parents with joint custody who share parenting decisions may want to draft an agreement with the school to specify how the child’s time is divided and which parent is responsible for specific days, activities or meetings.

Schools Can Offer Safe Space

If one partner has been abused and there is no restraining order to prevent the non-custodial parent from attending school meetings, schools can accommodate the domestic abuse survivor by offering a separate meeting in a different space, at a separate time.

If a parent is bound by a restraining order, the IEP team will need to determine whether the order limits access to the school building and whether the order specifies that the parent has lost rights under the IDEA. If the order limits building access, but does not limit IDEA rights, then that parent has the right to attend a meeting in another space or by phone. A restraining order might include “no contact” with the child, and the meeting must ensure that the child’s safe distance from the parent is protected.  

Visit the following websites for additional information:

Access Rights of Parents of Students Eligible for Special Education (Washington State)

Best practices for supporting and educating students who have experienced domestic violence or sexual victimization.

In the Best Interests of the Child: Individualized Education Program (IEP) Meetings When Parents Are In Conflict (PDF)

Divorce: It Can Complicate Children’s Special Education Issues

Adverse Childhood Experiences (ACEs)

Trauma Sensitivity During the IEP Process (PDF)

Trauma Informed Schools Resources (OSPI)

Introduction to Special Education

 

The process of special education can feel overwhelming for parents already working hard to manage home and medical challenges. This presentation is for parents of students ages 3-21, with known or suspected disabilities, who may have unique educational needs that require additional supports and services through an Individualized Education Program (IEP) or a Section 504 Plan. This information can help parents participate in decision-making with schools by understanding basic principles of the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973.

For an additional video about communication strategies for collaborating with the school, watch PAVE’s video, Parents as Partners with the School.

Families and Youth Have a Voice on Mental Health Matters Through FYSPRT

A Brief Overview

  • FYSPRT (pronounced fiss-burt) is a hard acronym to learn, but it’s worth the effort for families and young people who want to talk about improving mental healthcare systems.
  • Here’s what FYSPRT means: Family members, Youth and System Partners (professionals) get together at a “Round Table” (meaning everyone has an equal voice) to talk about issues related to emotional distress, mental illness and/or substance-use disorder. All participants share ideas about what helps and what could make things better.
  • The Washington State Health Care Authority (HCA) provides a map of the 10 FYSPRT regions and includes contact information for local leaders and a schedule of where/when meetings are held.
  • FYSPRT began after a class-action lawsuit against the state, TR v Dreyfus. The litigation resulted in development of the state’s out-patient mental-health services program for youth—Wraparound with Intensive Services (WISe).
  • FYSPRT is a place where families provide feedback about WISe, but all community members are welcome—regardless of age or agency affiliation.
  • Some regional FYSPRTs sponsor separate meetings and social events for youth.

Full Article

Parents and young people who struggle with emotional distress, mental illness and/or substance-use disorder can feel powerless to affect change in a complicated medical system. The Family, Youth and System Partner Round Table (FYSPRT) provides a meeting space for family members and professionals to talk about what’s working and what isn’t working in mental healthcare. The groups also provide informal networking and can provide ways for families to meet up and support one another under challenging circumstances.

The state sponsors 10 FYSPRT groups to serve every county: A list of the groups and which counties they serve is included at the end of this article. Each group reports to a statewide FYSPRT, which provides information to state government to influence policy. The Washington State Health Care Authority (HCA) provides a map of the FYSPRT regions and includes contact information for local leaders and a schedule of where/when meetings are held.

FYSPRT began as part of a class-action lawsuit against the state, referred to as TR v Dreyfus. The litigation began in 2009, and settlements were mediated in 2012-13. The federal court found that Washington wasn’t providing adequate mental-health services to youth and required that the state start delivering intensive community-based mental-health treatment. The state responded by developing the Wraparound with Intensive Services (WISe) program for youth under 21 who are eligible for Medicaid. WISe teams provide a wide range of therapies and supports with a goal to keep the young person out of the hospital, which costs more and can be traumatizing.

Young people under 18 who need residential care are referred to the Children’s Long-Term Inpatient program: PAVE’s website provides an article about CLIP.

To provide accountability for the delivery of WISe services, the state created FYSPRT as a forum for families to provide feedback about how the program is working. The mission is to provide an equal platform for everyone within the community to strengthen resources and create new approaches to address behavioral needs of children and youth.

 

FYSPRT provides a space where youth impacted by behavioral health issues and their family members can share ideas about what works well and what would work better. The FYSPRT model is based on the belief that everyone’s unique perspective is equally important, and everyone is invited. For many parents and youth, FYSPRT becomes a place to bond and connect to support one another. Some regional FYSPRTs include separate meetings for youth, and those groups can become a key social outlet.

 

FYSPRT meetings are open to all interested community members. Each community has unique participants depending on what agencies work in the cities and towns within the region.

Staff who serve families through WISe are key participants. Other attendees are case managers from the state’s Medicaid-provider agencies, behavioral health counselors, foster-care workers, staff of homeless programs and staff and volunteers from affiliates of the National Alliance on Mental Illness (NAMI). Other participants are leaders of support groups for youth in recovery or working with issues related to gender identity or sexuality. PAVE staff are regular attendees in many regions, and PAVE manages the Salish FYSPRT program.

Every area of the state of Washington has its own FYSPRT, overseen by the Health Care Authority.  Each of the ten FYSPRT regions is comprised of a single county or up to eight adjoining counties. In order to create greater participation from the general public, transportation and childcare stipends are available for families and youth in most areas. Some groups provide free meals for everyone and/or gift card incentives for the families and young people who attend.

Here are links to each regional FYSPRT’s website and a list of the counties each represents:

Great Rivers Regional FYSPRT – Cowlitz, Grays Harbor, Lewis, Pacific

HI-FYVE – Pierce

King County’s Family Youth Council – King

North Central Washington FYSPRT – Chelan, Douglas, Grant, Okanogan

North Sound Youth and Family Coalition – Island, San Juan, Snohomish, Skagit, Whatcom

Northeast FYSPRT – Adams, Ferry, Lincoln, Pend Oreille, Spokane, Stevens

Salish FYSPRT – Clallam, Jefferson, Kitsap

Southeast FYSPRT – Asotin, Benton, Columbia, Franklin, Garfield, Kittitas, Whitman, Yakima

Southwest FYSPRT – Clark, Klickitat, Skamania

System of Care Partnership – Mason, Thurston