Tag: School

Advocacy Tips for Parents

Posted on by Nicol Walsh

When a child has a disability, parents often learn that getting their child’s needs met requires persistence, organization, and advocacy. Advocacy is an action. A person is an advocate when they organize the work and press onward until a goal is achieved. Laws that protect the rights of students with disabilities also protect parents as legal advocates for their children.

This article includes tips for parent advocates working with the school. For more about parent rights, read PAVE’s article, Parent Participation in Special Education Process is a Priority Under Federal Law.

Before a meeting…

  • Invite someone to attend with you. A friend or family member can help you take notes, ask questions, and keep track of your agenda.
  • Make sure you understand the purpose of the meeting. Is it to talk about an evaluation, review the Individualized Education Program (IEP), write a Section 504 Plan, consider a behavior support plan, discuss placement, or something else? If you want a certain outcome, make sure it’s within the scope of the meeting. If not, you may need more than one meeting.
  • Make sure you know who will be at your meeting. An IEP team has required attendees. PAVE provides more detail about IEP team requirements in an article that includes a Sample Letter to Request an IEP Meeting.
  • Consider anyone else you want to attend. Parents have the right to invite vocational specialists, related service providers, behavioral health providers, peer support specialists—anyone with knowledge of the student and their needs.
  • Get copies of important documents (evaluation, IEP, 504 Plan, behavior plan, etc.). Read them carefully so you can use these documents to organize your concerns and questions. Keep in mind that a services program/plan is a draft until after you meet.
  • If the school doesn’t provide documents with enough time for you to prepare, consider rescheduling.
  • Mark up a Draft IEP with your suggestions and questions:
    • Read the educational impact statement carefully. Consider if it accurately summarizes your student’s strengths and needs. If not, makes notes about what you want to add or change.
    • Note any changes you want under Medical/Physical or Parent Concerns.
    • If a goal is too hard or too easy, make a note to ask about adjusting it.
    • If a goal is written with jargon and impossible to understand, ask for an explanation and maybe a rewrite
    • Prepare to ask how teachers are using Specially Designed Instruction (SDI) to help your student reach IEP goals.
    • Read the services table, sometimes referred to as a “services grid” or “services matrix” to understand how often and where your student is being served.
    • Consider any questions you have about placement or access to general education settings. If you believe your student could be successful in general education for more of their day, consider what supports would make that possible.
    • Write down any questions about how the classroom or curriculum are adapted to be accessible. You might ask if the teachers are using Universal Design for Learning (UDL) strategies to support multiple types of learners.
    • Write down your questions about progress and how it’s being tracked.
  • For an IEP or 504 Plan, read the accommodations carefully and make notes to ensure they are individualized and implemented to truly support your student.
  • Highlight anything in the behavior plan that sounds like bias or prejudice and consider how it might be rewritten. PAVE provides examples in a video training about development of a Behavior Intervention Plan.
  • To help you organize your questions and concerns, PAVE provides: Get Ready for Your Meeting with a Handout for the Team.
  • Learn about student and family rights and practice the vocabulary that empowers your advocacy. PAVE provides a three-part video training to help: Student Rights, IEP, Section 504 and More.

At your meeting…

  • Do your best to arrive on time to make sure there is time to address concerns. If you notice there may not be enough time to do this, request to schedule another meeting.
  • Make sure the meeting begins with introductions and that you know everyone’s job and what role they serve on the IEP team. If it’s important to you, when you introduce yourself you can ask team members to use your name instead of mom, dad, gramma, or something else other than your name when they refer to you.
  • Ask school staff to explain acronyms or jargon while they are talking because you want to understand what everyone says.
  • If an IEP team member is absent (WAC 392-172A-03095), parents must sign consent for the absence. If someone is missing and you don’t think it’s appropriate to continue, ask to reschedule. If key members need to leave before the meeting is over, consider ending the meeting and schedule an alternative day/time.
  • Keep focus on your student’s needs. Here are a few positive sentence starters: I expect, I understand, My child needs….
  • If you notice the conversation steering into past grievances, the district’s lack of funds, or what “all the other children” are doing, bring focus back to your child and their current needs. Try stating, “I want to focus on [name].”
  • Use facts and information to back up your positions and avoid letting emotion take over. Ask for a break if you need time for some regulated breathing or to review documents or notes.
  • Notice other team members’ contributions that support your child’s needs. Here are a few phrases to consider:
    • “I think what you said is a good idea. I also think it could help to…”
    • “I think you are right, and I would like to add…”
    • “I hear what you are saying, and…”
  • If you don’t understand something, ask questions until the answer is clear.
  • If you disagree about something and your comments aren’t changing anyone’s mind, explain that you want your position included in the Prior Written Notice (PWN), which is the document the school is required to send immediately after an IEP meeting.
  • If you hear something confusing, ask the school to put their position and rationale in writing so you can follow up.
  • Request to end the meeting if it stops being productive. Tell the other team members that you would like to continue working with them and ask to schedule another meeting. This might include adding people to the team to help resolve issues.

After a meeting…

  • Review your notes and highlight or circle places where there is an action or something that needs follow through. Transfer relevant information into your calendar.
  • When the Prior Written Notice (PWN) arrives (usually within a few days), compare it to your notes. Make sure all key agreements, actions, and IEP/504 amendments match what you understood to be the plan when you left the meeting.
  • If you want something changed in the PWN, ask for those changes in writing.
  • If you disagree with the outcome of the meeting, review your Procedural Safeguards (downloadable in multiple languages) and consider your dispute resolution options.
  • If you consider filing a Community Complaint, PAVE provides a video training to walk you through that option.
  • Consider contacting school district special education staff if they didn’t participate in the meeting and you think your team needs more support.
  • Consider asking for another meeting, Mediation, or a Facilitated IEP meeting, if issues are unresolved.

PAVE’s Parent Training and Information (PTI) program can help family caregivers organize their concerns and options. Click Get Help for individualized assistance.

Special Education is a Service, Not a Place

Posted on by Nicol Walsh

A Brief Overview

  • A student with a disability has the right to a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). General education spaces and curriculum are LRE.
  • Services are generally portable, and special education is delivered to the student to enable access to FAPE within the LRE to the maximum extent appropriate.
  • Federal law protects a student’s right to FAPE within the LRE in light of a child’s circumstances, not for convenience of resource allocation.
  • The TIES Center at the University of Minnesota partnered with the Haring Center for Inclusive Education at the University of Washington to build a resource for families and schools writing IEPs to support students within general education: Comprehensive Inclusive Education: General Education and the Inclusive IEP.

Full Article

An ill-informed conversation about special education might go something like this:

  • Is your child in special education?
  • Yes.
  • Oh, so your student goes to school in that special classroom, by the office…in the portable…at the end of the hall…in a segregated room?

This conversation includes errors in understanding about what special education is, how it is delivered, and a student’s right to be included with general education peers whenever and wherever possible.

This article intends to clear up confusion. An important concept to understand is in the headline:

Special Education is a service, not a place!

Services are portable, so special education is delivered to the student in the placement that works for the student to receive a Free Appropriate Public Education (FAPE), in light of the child’s circumstances. A student with a disability has the right to FAPE in the Least Restrictive Environment (LRE).

General education is the Least Restrictive Environment. An alternative placement is discussed by the student’s Individualized Education Program (IEP) team if access to FAPE is not working for the student in a general education setting with supplementary aids and supports.

Keep in mind that genuine inclusion doesn’t just meet a seat in the classroom. Adult support, adaptations to the learning materials, individualized instruction, and more are provided to support access to education within the LRE.

Here is some vocabulary to further understanding:

  • FAPE: Free Appropriate Public Education. The entitlement of a student who is eligible for special education services.
  • IDEA: Individuals with Disabilities Education Act. The entitlement to FAPE is protected by this law that allocates federal funds to support eligible students.
  • LRE: Least Restrictive Environment. A student eligible for special education services has a right to FAPE in the LRE to the maximum extent appropriate. General education is the least restrictive, and an alternative placement is discussed when data indicate that supplementary aids and supports are not working to enable access to FAPE in general education.
  • IEP: Individualized Education Program. School staff and family caregivers make up an IEP team. The team is responsible to develop a program reasonably calculated to enable a student to make progress appropriate toward IEP goals and on grade-level curriculum, in light of the child’s circumstances. Based on a student’s strengths and needs (discovered through evaluation, observation, and review of data), the team collaborates to decide what services enable FAPE and how to deliver those services. Where services are delivered is the last part of the IEP process, and decisions are made by all team members, unless family caregivers choose to excuse some participants or waive the right to a full team process.
  • Equity: When access is achieved with supports so the person with a disability has a more level or fair opportunity to benefit from the building, service, or program. For example, a student in a wheelchair can access a school with stairs if there is also a ramp. A person with a behavioral health condition might need a unique type of “ramp” to access equitable learning opportunities within general education.
  • Inclusion: When people of all abilities experience an opportunity together, and individuals with disabilities have supports they need to be contributing participants and to receive equal benefit. Although IDEA does not explicitly demand inclusion, the requirement for FAPE in the Least Restrictive Environment is how inclusion is built into special education process.
  • Placement: Where a student learns. Because the IDEA requires LRE, an IEP team considers equity and inclusion in discussions about where a student receives education. General education placement is the Least Restrictive Environment. An IEP team considers ways to offer supplementary aids and supports to enable access to LRE. If interventions fail to meet the student’s needs, the IEP team considers a continuum of placement alternatives—special education classrooms, alternative schools, home-bound instruction, day treatment, residential placement, or an alternative that is uniquely designed. 
  • Supplementary Aids and Supports: The help and productivity enhancers a student needs. Under the IDEA, a student’s unique program and services are intended to enable access to FAPE within LRE. Note that an aid or a support is not a place and therefore cannot be considered as an aspect of a restrictive placement. To the contrary, having additional adult support might enable access to LRE. This topic was included in the resolution of a 2017 Citizen Complaint in Washington State. In its decision, OSPI stated that “paraeducator support is a supplementary aid and service, not a placement option on the continuum of alternative placements.”

Note that the IDEA protects a student’s right to FAPE within LRE in light of a child’s circumstances, not in light of the most convenient way to organize school district resources. Placement is individualized to support a student’s strengths and abilities as well as the needs that are based in disability.

Tip: Families can remind the IEP team to Presume Competence and to boost a student from that position of faith. If the team presumes that a student can be competent in general education, how does it impact the team’s conversation about access to FAPE and placement?

LRE does not mean students with disabilities are on their own

To deliver FAPE, a school district provides lessons uniquely designed to address a student’s strengths and struggles (Specially Designed Instruction/SDI). In addition, the IEP team is responsible to design individualized accommodations and modifications. (Links in this paragraph take you to three PAVE training videos on these topics.)

  • Accommodations: Productivity enhancers. Examples: adjusted time to complete a task, assistive technology, a different mode for tracking an assignment or schedule, accessible reading materials with text-to-speech or videos embedded with sign language…
  • Modifications: Changes to a requirement. Examples: an alternative test, fewer problems on a worksheet, credit for a video presentation or vision board instead of a term paper.

Note that accommodations and modifications are not “special favors.” Utilizing these is an exercise of civil rights that are protected by anti-discrimination laws that include the Rehabilitation Act of 1973 (particularly Section 504 as it relates to school) and the Americans with Disabilities Act (ADA—particularly Title II).

Related Services may support LRE and other aspects of equitable access

An IEP may include related services (occupational therapy, speech, nursing, behavioral or mental health support, parent training, transportation, and more). For some students, related services may be part of the support structure to enable inclusion in the Least Restrictive Environment. If an IEP includes related services, then the IEP team discusses how and where they are delivered.

A tool to support inclusion

The TIES Center at the University of Minnesota partnered with the Haring Center for Inclusive Education at the University of Washington to build a resource to support families and schools in writing IEPs that support students within general education classrooms: Comprehensive Inclusive Education: General Education and the Inclusive IEP.

The resource includes a variety of tools and recommendations for how school and family teams can approach their meetings and conversations to support the creation and provision of a program that recognizes:

  • Each child is a general education student. 
  • The general education curriculum and routines and the Individual Education Program (IEP) comprise a student’s full educational program.
  • The IEP for a student qualifying for special education services is not the student’s curriculum.

Who is required on an IEP team?

Keep in mind that IEP teams are required to include staff from general education and special education (WAC 392-172A-03095). All team members are required for formal meetings unless the family signs consent for those absences. Here’s a key statement from the TIES Center resource:

“The IEP is intended to support a student’s progress in general education curriculum and routines, as well as other essential skills that support a student’s independence or interdependence across school, home, and other community environments.  A comprehensive inclusive education program based upon these principles is important because without that focus, a student’s learning opportunities and school and post-school outcomes are diminished. In order to create an effective comprehensive inclusive education program, collaboration between general educators, special educators, and families is needed.”

LRE decisions follow a 4-part process

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

Selection of an appropriate placement includes 4 considerations:

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

What are placements outside of general education?

If a student is unable to access appropriate learning (FAPE) in general education because their needs cannot be met there, then the IEP team considers alternative placement options. It’s important to note that a student is placed in a more restrictive setting because the student needs a different location within the school, not because it’s more convenient for adults or because it saves the school district money.

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

IEP teams may discuss whether there’s a need for a smaller classroom setting or something else. Keep in mind that a home-based placement is a very restrictive placement because it segregates a student entirely from their peers.

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

  • general education classes
  • general education classes with support services and/or modifications
  • a combination of general education and special education classes
  • self-contained special education classes
  • day treatment, therapeutic school specializing in behavioral health
  • private placement outside of the school district (non-public agency/NPA)
  • residential care or treatment facilities (also known as NPAs)
  • alternative learning experience (ALE)
  • home-based placement  

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

Placement and location are different

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

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

OSPI’s website includes this information:

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

Resources about inclusionary practices

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

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

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

As stated earlier, The TIES Center at the University of Minnesota partnered with the Haring Center for Inclusive Education at the University of Washington to build a resource for families and schools writing IEPs to support students within general education: Comprehensive Inclusive Education: General Education and the Inclusive IEP.

The Inclusionary Practices Family Engagement Collaborative is a partnership of four non-profit organizations committed to strengthening family-school partnerships to support culturally-responsive approaches that center the experiences of students with disabilities. Watch recorded trainings offered to help you start the conversation.

Life After High School: Tools for Transition

Posted on by Nicol Walsh

Helping a student with disabilities prepare for life after high school requires thoughtful organization and planning. This presentation describes three ways to support this important time of life:

  1. High School and Beyond Plan
  2. IEP Transition Plan
  3. Agency Support

Here are resources referenced in the video:

  • OSPI Model Forms: Scroll down to find and open the IEP Form with Secondary Transition
  • OSPI Graduation Requirements, including links to download the High School and Beyond Plan in various languages
  • DDA: Developmental Disabilities Administration
  • DVR: Division of Vocational Rehabilitation
  • TVR: Tribal Vocational Rehabilitation, for Native Americans with disabilities
  • DSB: Department of Services for the Blind, for people with blindness or low vision
  • WAC 392-172A-03090, including description of Age of Majority rights that transfer to the student at age 18
  • PAVE article about Supported Decision Making
  • OSPI: The Office of Superintendent of Public Instruction has a family liaison for special education
  • OEO: The Office of the Educational Ombuds provides online resources and 1:1 support
  • OCR: The Office for Civil Rights can help with questions about equity and access
  • ESD: Nine Education Service Districts; each has a behavioral health navigator, and some are licensed to provide behavioral health services
  • Developmental Disabilities Ombuds
  • PAVE School to Adulthood Toolkit

Transcript for this video

Helping a student with disabilities prepare for Life After High School requires thoughtful organization and planning. This presentation describes three ways to support this important time of life. This triangle shows the three tools we’re going to talk about.

Helping a student with disabilities prepare for life after high school requires thoughtful organization and planning. This presentation describes three ways to support this important time of life. This triangle shows the three tools we’re going to talk about. Notice that the center of the triangle includes three questions for a young person to consider: who am I, what’s my future, and how do I reach my goals? The three colored triangles show different ways that adults can help a student ask and answer those questions. We’re going to talk about all three tools in this training. Let’s start with the purple triangle on the bottom left corner. This tool is called high school and beyond plan. Schools in Washington state are required to help students start high school and beyond plan before they leave middle school. The school’s counseling staff is usually responsible to support each student in building a high school and beyond plan. Think of the high school and beyond plan as a personalized pathway through school. This tool is provided for all students, not just students with disabilities. By the end of 8th grade, a student has completed a career interest and skills inventory to consider education and career goals. That’s part of the plan. The student might be considering going to a university or a technical college. They might want to do an apprenticeship program or get an industry standard certificate to do a specific job. Maybe they’re thinking about military training, on the job training, or something else. All are considered as part of high school and beyond planning. Thinking about the future helps with decisions about what to focus on now. Of course, most students change their plans many times.

That’s why the high school and beyond plan is reviewed at least once a year. Keep in mind that the students vision for their future is the focus of the plan. These are the three questions every high school and beyond plan is required to address: who am I, what can I become, how do I become that? You might notice these questions match the questions in the center of our transition triangle. This is where the whole process begins, with these questions. It’s never too early to start talking to a student about these questions. Discussing these questions with many different people in many different settings is part of high school and beyond planning. This is not a single interview. It’s a long-term discussion that happens while a student is moving through school and toward graduation. If the high school and beyond plan is a new concept for you, take a moment to pause and consider who at your school might provide more information about this process.

Perhaps take a moment to write yourself a reminder note to get more information. Could you contact your students counselor, the IEP case manager, a school administrator, or maybe a favorite teacher? Could you ask your student? The state instructs schools to include family caregivers in this process. Remember that a completed high school and beyond plan is required for a student to graduate from a high school in Washington state. Let’s look at the blue triangle on the lower right side of our transition triangle so we can talk about the IEP transition plan. The individualized education program, IEP, is required to include a transition plan by the school year when a student turns 16. This plan is an IEP team project.

Keep in mind that the student and parents are important members of the IEP team. Here’s some information to better understand this required part of a student’s school services program. The federal law that governs special education is the Ida, which stands for individuals with disabilities education act. Laws about IEP process are mostly from idea part B. Part A is also important when we’re talking about adult life planning. Part A of the idea describes the laws purpose. The statement on this slide is from idea part A. It says that special education is provided to ensure that all children with disabilities have available to them a free and appropriate public education designed to meet their individual needs and prepare them for further education, employment, and independent living. In simpler words, supporting students with disabilities to make a smooth transition into adult life is part of a school’s basic responsibility.

Here’s some information about the IEP transition plan. Most importantly, the plan is built from the students needs, preferences, interests, and strengths. Once the plan is written into the IEP, it drives the program. The annual goals all connect in some way to the students adult life plan. The IEP transition plan includes adult living objectives in three areas: postsecondary education, acquisition of daily living skills, and vocational evaluation and support. Washington schools receive guidance from the office of superintendent of public instruction, OS Pi, our state educational agency. OSPI provides model forms to support schools and families when developing an IEP. This form shows what to include in an IEP when transition programming is added.

This section of the model form shows that a student must be invited to IEP meetings once transition planning is included, and an age appropriate transition assessment is required. Transition assessments include a range of tools, including surveys and questionnaires, profiles and portfolios, vocational assessments, interviews, and more. This form makes clear that a transition plan is not built from a quick meeting but is a multi-part process. State guidance is clear that the IEP transition plan is intended to support rather than replace the students high school and beyond plan. Here’s some questions you can consider to make sure the transition plan is well written: is the plan age appropriate? Goals should be achievable but not too easy, based on the age and abilities of the student. Is information provided by more than one source? This is a long-term project with many participants. Is a target graduation date included? The IEP team decides when a student will graduate, and the family is part of that decision process. Are the annual goals relevant to the long-term goals? Do the postsecondary goals consider all areas of life after high school? And keep this one in mind: does the IEP align with the students high school and beyond plan? The state educational agency ospi provides information about how the high school and beyond plan and the IEP transition plan are supposed to work together.

Here’s a visual list of the four areas to cover in transition planning: employment, further education, independent living, and community engagement. Remember the three questions for for our student. They are, who am I, what’s my future, and how do I reach the go my goals? Adults can help the student ask and answer those questions for each of these four areas of learning and life. Here’s something else to remember. The IEP ends when a student graduates from high school or ages out of services at 21. However, accommodations on the IEP can travel with the student into higher education, vocational programming, or work. The accommodations are protected by federal civil rights laws, including Section 504 of the Rehabilitation Act. Those protections are for the lifespan. High school is a great time to make sure accommodations are individualized and well written, and that the student knows what they are and how to ask for them.

Let’s look at the last part of our transition triangle. The teal triangle at the top represents public agencies that might support a young person to get a job. I will explain what each of these means in a few moments. All these agencies provide individualized support that may help a young person get ready for work, get a job, or keep a job. Eligibility criteria IA for each of these agencies is a little bit different, and you must apply to access their services. Some agencies offer programs to help students with disabilities explore work and self advocacy while they are still in school. Those services are called pre-employment transition services. Pre-employment transition services might include job EX exploration, work-based learning, counseling about higher education and how to gear up for college, workplace readiness, and self-advocacy, like special education rights. Vocational rehabilitation rights are protected by law.

If these service agencies are new to you, consider if you want to get more information about how to involve an outside public agency in life after high school planning. Maybe a school counselor, administrator, or teacher could help, or maybe it’s a question for your IEP team. Sometimes special education district staff can help contact these agencies with you. Staff at pave can also help you research your options. Click get help at our website wapave.org to request our support. So take a moment, if you want to write down an idea so you remember to follow up. I’m going to tell you more about each of these agencies on the next

slide. You may want to reach out directly to one of these agencies by looking them up online. DDA is the developmental disabilities administration. DVR is the division of vocational rehabilitation. TVR is tribal vocational rehabilitation for Native Americans with disabilities. dsb is the department of services for the blind, for people with blindness or low vision. The next few slides have additional information to help with your students life after high school planning. Everyone in the family needs to keep in mind that when a student turns 18 in Washington, they are responsible for their own educational decisions. If the student is ready and able to take charge, nothing needs to happen. If the student still wants parents involved, then the student signs a letter of consent for parents to attend meetings and continue participating on the IEP team. Parents who have legal guardianship have a larger role in decision making and may not need their student to sign consent.

In Washington state, one legal option for supporting an adult with disabilities is called supported decision making. This slide shows an article available on PA’s website with more information about supported decision making and how to access a sample form. Families need to know that their students can participate in commencement and other senior year activities with their classmates even if they aren’t yet earning a diploma. That state right is protected by Kevin’s Law. School staff recommend that families plan early for senior year activities so appropriate accommodations can be provided. Listed on this slide are places that schools and families might get more help.

The three O’s are the Office of Superintendent of Public Instruction, the Office for Civil Rights, and the Governor’s Office of the Educational Ombuds. Another option is to reach out to one of the state’s nine educational service districts, the ESD’s. If the school district doesn’t have everything your student needs, you and the school might seek additional resources from the ESD that serves your area. Each ESD has a behavioral health navigator, for example, and some ESD’s are licensed to provide behavioral health services.

Another place to get help for supporting a loved one with a disability is the DD ombuds. This agency provides advocacy to support quality of life for people with developmental disabilities. Their staff can help individuals file complaints related to disability discrimination.

This training has been provided by parent training and information, PTI, a program of pave. We provide information, resources, and direct support. Click get help at wapave. org and one of our staff will contact you. You can also leave a message by phone to request help, and that number is 800 572 7368. If you need help with the accessibility of any of our resources, please let us know. We provide language translation options. Additional information on this topic is available as part of PAVE’s online toolkit called school to adulthood transition planning toolkit for high school life and work. Look for the button under the calendar on our website. Please note that pave is not a legal service organization and cannot give you legal advice or represent you. PTI’s funding comes from a US Department of Education grant, but the government doesn’t review our training materials in order to endorse them. We’d love to know whether this video was helpful for you. On the page where you found this video, there’s a link to a short survey. Thank you for sharing your feedback. Thank you for listening and learning, and please contact us if you need individualized assistance or further training opportunities.

La Vida Después de la Preparatoria – Herramientas para la Transición (Spanish)

Discipline and Disability Rights: What to do if Your Child is Being Sent Home

Posted on by Nicol Walsh

Learning the skills to maintain expected behavior and follow school rules is part of education. All students learn social, emotional and behavioral skills. Students with disabilities may get extra help in these areas of learning. Some have individualized behavior support plans.

When the pre-teaching and interventions fail to stop a behavior from causing a problem, the school might call a parent to say, “Take them home.” What happens next could depend on how well-informed parents are about the rights of students with disabilities.

This video provides key information about what to do if your child is being sent home. The first thing to ask is, “Are they being suspended?” If the answer is yes, the school is required to file specific paperwork. If the answer is no, a parent has choices and may support better long-term outcomes by carefully documenting what happens next.

Below are links to resources referenced in the video:

Transcript of Discipline and Disability Rights: What to do if Your Child is Being Sent Home

Learning the skills to maintain expected behavior and follow school rules is part of education. All students learn social, emotional and behavioral skills. Students with special needs may get extra help in these areas of learning. Some have individualized behavior support plans.

When the pre-teaching and interventions fail to stop behavior from causing a problem, the school might call a parent to say, “Take them home.” What happens next could depend on how well-informed parents are about the rights of students with disabilities. This video provides key information to help.

First let’s talk about what exclusionary discipline means. If school staff remove a student from the place they are supposed to be during school, because of their behavior, then it’s exclusionary discipline. Out-of-school suspensions, expulsions, and in-school suspensions count. An in-school suspension might mean getting sent to the office, for example.

Informal removals like when the school calls parents to take a child home because of their behavior is exclusionary discipline if parents feel they have no choice. A regularly shortened school day also may be a form of exclusionary discipline if the school offers this as the only option.

These final two points might seem like a surprise. Let’s clarify a few things. It’s important to know who is making the decisions. If the family chooses to take a child home early because they aren’t feeling well physically or mentally, then it’s not exclusionary discipline.

If an IEP or Section 504 team decides it’s in the student s best interests to attend school for fewer hours, then it’s not disciplinary. If a teacher takes a student into the hallway for a short chat before returning to class, then it likely doesn’t count as a disciplinary action.

Disciplinary removal from school is a decision made unilaterally by the school. If the family

believes they have no option but to take their child home or if the school imposes a shorter

day without having a meeting to talk it through, then it counts as exclusionary discipline.

The school would essentially be changing a student s placement without the consent of

the school-and-family team in charge of those decisions.

We need to know a few things about student rights to fully unpack this topic, so here’s a quick take  on student rights. They are shown here as a pyramid. All students have rights at the bottom. Students with special educational services are at the top and have all these rights.

Special education rights are protected by a federal law called the IDEA the Individuals with Disabilities Education Act. IDEA protects the rights of students with Individualized Education Programs IEPs. IDEA has specific rules about what has to happen when a student with an IEP is excluded from school for behavior.

A student s Civil Rights are protected by federal laws also. The United States Office for Civil Rights OCR upholds these laws and provides specific guidance about what schools have to do when they discipline students with disabilities. Civil Rights laws protect students with IEPs, students with Section 504 Plans, and students with known or suspected disabilities who need to be evaluated to see if they are eligible for services. Sometimes discipline is the reason a student is evaluated to determine eligibility for services.

General Education Rights are protected by ESSA, which stands for Every Student Succeeds Act. Every child in the United States has the right to attend school, regardless of life circumstances that might include disability, poverty, racism, unstable housing, citizenship status, or something else. The public school responsible for serving a student cannot send them away without following specific state and federal rules.

To uphold the rights of students, schools are responsible to teach expected behavior in culturally appropriate ways and to help students stay in school and learning. The US Department of Education provides information about student rights. In July 2022, the Departments Office for Civil Rights published a 41-page document describing the rules schools must follow when they discipline students with disabilities. That document is called Supporting  Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973.

The document includes information that students with disabilities and students who are Black, Indigenous, or People of Color are disciplined at higher rates. BIPOC students with disabilities are the most impacted by discriminatory policies and practices. As part of their responsibility to support inclusion, schools may not exclude students in ways that discriminate. Knowing that schools are responsible to teach and cannot send students away without going through a formal, well-documented process, what’s a parent to do if the school calls and says to take the student home?

The rest of this presentation provides some guidance, summarized on this slide. The first step is to ask whether the student is being suspended. Requesting paperwork and tracking missed time is critical to hold the school accountable. An important number in this process is 10 that s how many days a student with a disability can miss due to discipline before the school is responsible to host a specific meeting called manifestation determination.

More about that in a moment. Communication is critical to improving outcomes when a student’s behavior is interfering with school. Families can ask for regular information about a student s behavior, and schools can send data tracking sheets home to make sure everyone knows how things are going. Let’s unpack these five points.

For a student to be sent home, the behavior must be severely disruptive or dangerous. If that’s what’s happening, then your child is being suspended or emergency expelled. Schools must report suspensions and expulsions to the family and to the state. If the school calls and asks you to take your student home, Step 1 is to ask: Are they being suspended?

If a student is being formally excluded from school because of their behavior, state law requires written notice to parents that includes: A description of what they did wrong including what school rule was broken Dates that the suspension starts and ends What the school tried first that didn’t work and why they chose to send the child home How the student will be provided education while away from school Information that the student and parents have the right to meet with a school administrator to talk about what happened And information about the family s right to appeal the action.

Note that all this information must be provided in a language and format that is accessible to the family. If the school says the student isn’t being formally suspended, then parents have choices. They can take the student home and call it a mental health day. Washington law requires schools to accept behavioral health reasons for students to be absent. On this slide are

a few questions families may want to consider asking:

  • Parents can ask for a meeting to talk about services. If the student doesn’t have a Section
  • 504 Plan or an IEP, it might be time to request an evaluation to see about eligibility for services. If the student doesn’t have a positive behavior support plan, a meeting could be arranged to talk about that option.
  • Parents might say they want the student to stay at school and ask for information about how and where education will be provided if the student stays. Parents can request paperwork about what happened and what the school tried before calling home.
  • Be sure to ask how the school will record the absence if the student leaves school.
  • Will it be excused, unexcused, or recorded as exclusionary discipline?

One reason it’s important to document every time a student is sent away for behavior is a specific special education process called Manifestation Determination. Manifestation Determination is a formal name for a meeting where the school and family talk about what happened and decide whether the behavior was directly related to the student s disability.

If yes, the team determines that the behavior was a manifestation of disability. In that case, it’s especially important to consider what additional supports are needed to scaffold the student’s behavior doesn’t keep interrupting school and learning. Manifestation Determination is required when a student with disabilities misses 10 or more days of school because of behavior. Those days might include partial days, informal suspensions, and in-school suspension.

A Manifestation Determination meeting includes discussion about whether an IEP, Section 504 Plan, or behavior support plan is being followed appropriately and whether it’s got everything the student needs to successfully learn expected behaviors. If no, the team is responsible to make changes. That might mean gathering more information through an evaluation or bringing together more expertise from the district or outside providers. The team may discuss changing the student s placement.

Washington s state educational agency, OSPI, provides detailed information about manifestation determination and other disciplinary rules for students with disabilities. One place to get that information is a Technical Assistance Paper called TAP #2, available through OSPI s website, which is k12.wa.gov. PAVE provides a link on the page where you clicked to watch this video.

Here is a general tip for parents to prepare for ups and downs. If parents tell the school they want to know the good, the bad, and the ugly, they are setting up a communication pathway for whatever happens. Hopefully, collaborative problem-solving will result. For example, knowing what’s going well will help everyone support the student to build on strengths. Knowing what’s not going well might prevent problems from getting worse. Saying you want to know the ugly might help the school understand that you want to work together and don’t want them to gloss over a behavioral incident by sending your student home without an official suspension, for example. When every trouble is treated as a chance to learn and improve, progress can accelerate.

Here s a PAVE resource that might provide additional information you’re looking for. On our home page, under the calendar, is a Behavioral Health Toolkit, with information about crisis systems, school-based services, medical systems, family support agencies, advocacy opportunities, and more. Within the behavioral health toolkit is a video about best practices for supporting behavior at school. A Functional Behavioral Assessment is called an FBA. That assessment can gather information for schools and families to develop a positive behavior support plan.

The name for that plan is BIP Behavior Intervention Plan. PAVE s video can help families and schools work to make sure the FBA and BIP are unbiased and built to teach a student what they can choose instead of behaviors that are leading to problems. PAVE provides a sample letter requesting an FBA. Look for it within our toolkit of sample letters.

This training is provided by Parent Training and Information (PTI), a program of PAVE. Our non-profit has been helping families in Washington State since 1979. Students, family members, and professionals can get direct assistance by going to our website, wapave.org, and clicking Get Help. We provide language translation options. Your can also leave a message by phone to request help: 800-572-7368. If you need help with the accessibility of any of our resources, please let us know. This slide is a reminder that PAVE is not a legal service agency and cannot provide advocacy, advice or legal representation. Our goal is to empower families by providing information and access to resources.

Thank you for listening and learning today and for being an advocate for someone with unique needs! Remember that it’s not your job to hold up the entire world and that you need time to care for yourself and recharge your batteries. Please practice self-care and make sure your own social-emotional needs are a priority. PAVE is here to help at wapave.org.

Related Services in School and Beyond can Support a Child’s Development and Learning

Posted on by Nicol Walsh

A Brief Overview

  • At school, related services help children with disabilities benefit from their special education by providing extra help and support. Options for related services are described in state law (WAC 392-172A-01155).
  • If a child with public health insurance needs specific therapies to meet medical needs, their insurance company is obligated to support those needs. Medical necessity is described in state law (WAC 182-500-0070).
  • Sometimes a service meets educational and medical needs. In those situations, the school might bill Medicaid directly, with parent permission. Families can learn more about School-Based Health Services (SBHS) and ask if their school is participating in this optional program.
  • Washington’s Office of Superintendent of Public Instruction (OSPI) issued guidance in August 2022 to clarify that all parts of a student’s IEP begin with the start of school unless an IEP team has agreed to shift something to meet a student-centered need. Schools may not delay the start of related services for their own reasons related to scheduling or resources.
  • For federal information about the range of options for related services provided by the school, see parentcenterhub.org.

Full Article

Children with disabilities have a range of needs that may be educational, medical, or both. As they grow, develop, and learn, those needs can shift. How family, school, and medical providers respond can impact how much progress the child makes in their emerging skills. This article includes information to help families understand how therapeutic services may be provided at school or elsewhere.

What are related services?

Schools call services that lie outside the scope of traditional teaching “related services.” Another term is “ancillary services.” Related services help children with disabilities benefit from their special education by providing extra help and support.

Therapies for disabilities that impact physical movement or speech are common. Transportation provided through the special education system also is a common related service. Less common in Washington State are in-school mental health services or counseling for behavioral health conditions. Various possibilities are listed in state law (WAC 392-172A-01155). Here are examples from the Washington Administrative Code (WAC):

  • Occupational, Physical, Speech Therapies
  • Counseling
  • Psychological Services
  • Behavioral Services
  • School Social Worker
  • Special Transportation
  • Parent Training

What does parent training mean?

Notice that the final option on this list is parent training. This service might mean the school helps parents understand the special needs of their child or something about their child’s development. Through the related service of parent training, the school can teach family members to help their child practice emerging skills when they’re at home.

Who provides a related service, and who pays?

A related service may be provided by any professional who is trained to assess and/or serve a specific need for a child with a disability condition that affects their learning or development.

When therapeutic services are paid for through medical insurance, they generally must meet a standard of being “medically necessary.” Keep reading for more information about therapeutic services available through the medical system.

Services are provided at school when they are determined to be “educationally necessary.” In those cases, the school district is responsible for payment.

Sometimes a service is both medically and educationally necessary. Sometimes schools seek parent consent to bill the student’s insurance to fund all or part of a related service. Washington State’s Health Care Authority (HCA) manages a program to reimburse schools for services provided to students who are eligible for Apple Health when those services are delivered as part of their Individualized Education Program (IEP).

Tip: See HCA’s website page about School-Based Health Services (SBHS) and consider asking your school if they are participating in this optional program. The guidebook includes information about allowable services. Note that Applied Behavior Analysis (ABA) therapy is explicitly excluded as a reimbursable service through the state’s SBHS program. Most other therapeutic options are reimbursable, including a range of mental health services.

A related service might be part of evaluation

Sometimes a related service is needed to assess a student because school staff do not have the expertise to properly understand a disability condition in order to make service recommendations. “Medical services for diagnostic or evaluation purposes” are written into federal law (IDEA Section 1432) as something an IEP can provide.

Keep in mind that special education evaluations must be comprehensive, in order to identify all of a child’s special education and related service needs, not just those that relate to the IEP eligibility category.

Families can seek an Independent Educational Evaluation (IEE) if they disagree with the methods or conclusions of a school district special education evaluation. PAVE provides an article and sample letter for requesting an IEE.

Related services support FAPE

The federal law that governs special education services is the Individuals with Disabilities Education Act (IDEA). The IDEA makes clear that its list of related services (see below) includes possibilities and options but does not include every related service a student might need. Other therapeutic services might be included in the IEP if they are educationally necessary.

Access and equity are protected by various educational and civil rights laws; anything that helps a student access school-related opportunities can be included as part of a student’s services. Extracurricular activities and school-sponsored sports count.

An IEP is a written commitment for the school to serve a student’s educational needs. Educational needs might be academic, social-emotional, or something else.  They might have to do with how the student functions or adapts to the environment of school.

Educational needs are determined through a comprehensive evaluation and a collaborative process that includes family, school staff, and anyone else with knowledge of the student and their disability-related needs. If an IEP team decides that a service is necessary for the student to access their right to a Free Appropriate Public Education (FAPE), then the school district is responsible to deliver those services.

IDEA does not expressly require that the IEP team include related services personnel. However, if a particular need or related service is discussed in an IEP meeting, it would be appropriate for the provider to attend. IDEA states that, at the discretion of the parent or the public agency, “other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate” may be part of a child’s IEP team.

School-based related services might include, but are not limited to:

  • speech-language pathology and audiology services
  • interpreting services
  • psychological services
  • physical and occupational therapy
  • recreation, including therapeutic recreation
  • early identification and assessment of disabilities in children
  • counseling services, including rehabilitation counseling
  • orientation and mobility services for blindness/low vision
  • medical services for diagnostic or evaluation purposes
  • school health services and school nurse services
  • social work services in schools
  • parent counseling and training

The national Center for Parent Information and Resources (parentcenterhub.org) provides additional information about each of these possible related services and what they might look like for a student receiving them as part of an Individualized Education Program (IEP).

IEP services start on Day 1 unless the student needs something different

Washington’s Office of Superintendent of Public Instruction (OSPI) issued guidance in August 2022 to clarify that all parts of a student’s IEP begin with the start of school unless an IEP team has agreed to shift something to meet a student-centered need.

According to OSPI, “School districts are reminded that they cannot arbitrarily determine when special education and related services will begin or schedule them to begin after the start of the school year for some providers.”

OSPI’s guidance references a parent complaint and the state’s decision that schools cannot delay the start of certain services because of provider availability or district scheduling preferences. If it’s in the IEP, then the school is responsible to provide the service on all scheduled days that the student attends school. If services aren’t provided as scheduled by the IEP, then the IEP team can discuss how and when the student will receive compensatory services to make up the missed time.

Families have the right to file a complaint with the state if the school does not fully serve their student’s IEP. One option is the community complaint: PAVE provides a video describing that process. Another option is Due Process. The Procedural Safeguards describe all dispute resolution options that are free for families and protected rights under federal and state laws. 

Options for therapeutic services through the Medicaid system

If a child needs specific therapies to meet medical needs, their insurance company is obligated to support those needs. For children younger than 21 with Medicaid (Apple Health in Washington), medical necessity is determined through assessments that are a protected benefit called Early Screening and Periodic Screening, Diagnostic and Treatment (EPSDT). This screening process is overseen by the National Academy for State Health Policy (NASHP).

For help navigating complex medical issues, families can request case management from their insurance provider. Calling the number on your insurance card and asking if there a form for requesting case management is a way to begin. Sometimes a case manager is automatically assigned if claims become complex and expensive.

Medical criteria are different than school criteria. While school-based services are built to support a student’s educational access, EPSDT determinations are made to support safety and health in the home and community. Here are examples:

  • Physical Therapy (PT) at school might support adapted physical education (PE) or help the student navigate the school building or curriculum. Outside of school, PT can support navigating the home, community, recreational activities, and more.
  • Speech/language services at school are tailored to help the student achieve goals on their Individualized Education Program (IEP) or access their curriculum. Outside of school, speech/language services can expand to support communication for daily living and might be paired with Occupational Therapy (OT), for example, to work on feeding issues, sensory aversions, breathing challenges, alternative communication systems, and more.

Services to support access to school, home, and community might intertwine, and the school district might choose to bill Medicaid for reimbursement, with the family’s signed consent.

TIP: If the school is going to bill insurance, families may want to find out if the insurance company has a reimbursement limit for the service. If the child is getting a similar service in and out of school, care coordination is important to make sure all the services will be paid. Insurance may be willing to pay for more services if it’s clear which are for school-based needs and which are medical. Those details also may be important to note if services are denied and the family wants to appeal the denial through a medical or special education complaint option.

What meets the standard of medical necessity?

The Washington Administrative Code (WAC 182-500-0070) describes medical necessity. If a service is likely to prevent, diagnose, or treat an identified condition that is causing major life impacts, then it may meet the standard. The WAC says medical necessity is:

“…a term for describing requested service which is reasonably calculated to prevent, diagnose, correct, cure, alleviate or prevent worsening of conditions in the client that endanger life, or cause suffering or pain, or result in an illness or infirmity, or threaten to cause or aggravate a handicap, or cause physical deformity or malfunction.”

The same WAC goes on to say that all federally funded insurance is obligated to pay for a service if it’s the most reasonable option available to serve the need. That standard is met when:

“There is no other equally effective, more conservative or substantially less costly course of treatment available or suitable for the client requesting the service.”

The same WAC also explains that a chosen course of treatment might mean a choice to track a condition through observation or offer no treatment. The WAC says:

“For the purposes of this section, ‘course of treatment’ may include mere observation or, where appropriate, no medical treatment at all.” 

A medical specialist, therapist, or pediatrician might assess the child to determine whether a specific service is medically necessary. In some situations, a case manager from the state’s Developmental Disabilities Administration (DDA) may make the determination.

What about private insurance?

Families with insurance through an employer or the healthcare exchange will need to ask their provider for specific information about what therapeutic services are covered. A company’s human resources department is another place to ask about coverages and whether there is a choice of health plan with more allowable options. School-based services may be the only option for some, as medical parity laws do not protect all possible therapeutic services.

Here are a places to get support in understanding your health plan and navigating access to services:

Insurance denials for employer-based plans can be appealed through:

PAVE’s Family to Family (F2F) Health Information Center provides additional information and resources through it’s website, Family Voices of Washington. Click Get Help at wapave.org to request individualized support.

Behavior and School: How to Participate in the FBA/BIP Process

Posted on by Nicol Walsh

This 2-part training has information about how to support a child’s behavior at school. When behavior gets in the way of learning, schools are responsible to figure out what the child is trying to communicate and to teach the child what to do instead.

PAVE’s accessible, fillable worksheet goes with the videos to help with behavior planning.

The process of figuring out why a child is acting out is called a Functional Behavioral Assessment—FBA for short. The first video in this 2-part series is about the FBA process.

A Behavior Intervention Plan—BIP for short—is a working document that the school and family build together and review regularly to make sure the child is supported with positive reinforcement and encouragement for meeting behavioral expectations. The second video in this 2-part series is about BIP development.

PAVE provides a Sample Letter to Request a Functional Behavioral Assessment to help families formally ask the school to assess their child’s behavior and consider how to thoughtfully build a behavior support plan.

Schools are guided by the state to use best practices when evaluating and serving students with special needs. The Office of Superintendent of Public Instruction (OSPI) is the state educational agency in Washington State. OSPI’s website is k12.wa.us. A page called Model Forms for Services to Students in Special Education has links to downloadable forms schools use to develop IEPs, Section 504 Plans, and more.

Here are links to OSPI’s model forms for:

After you view the video, please take a quick moment to complete our survey. Your feedback is valuable!

Parent Participation in Special Education Process is a Priority Under Federal Law

Posted on by Nicol Walsh

A Brief Overview

  • Schools are required to accommodate parents to ensure their attendance and participation at meetings where their child’s special education services are discussed. Those rights are affirmed in a court decision from 2013: Doug C. Versus Hawaii.
  • A meeting that includes family is a higher priority than a renewal deadline.
  • If a deadline is missed, a student’s IEP services continue uninterrupted while meeting schedules are arranged to include family participation. The student’s eligibility does not expire.
  • The Washington Administrative Code (WAC) describes the participation rights of parents (WAC 392-172A-05001).
  • Failure to accommodate parent access to meetings when a child’s eligibility or services are discussed is a denial of the student’s right to a Free Appropriate Public Education (FAPE).

Full Article

Parents have the right to participate in all meetings where a student’s special education services are discussed. Those rights are protected by federal and state laws.

Students have a right to attend meetings about their school services at any age. Schools must invite students once their Individualized Education Program (IEP) includes a Transition Plan—a legal requirement by the school year when a student turns 16. The student is not required to attend but must be invited and accommodated to participate if they choose to.

A court decision in 2013 includes statements that family rights are more important than other legal requirements, such as renewal deadlines. More information about that case, Doug C. Versus Hawaii, is included later in this article.

Accessibility is a right

When inviting families to participate in meetings, the school is required to accommodate their needs related to scheduling, language access, parent or student disability, or something else. If a parent is ill, for example, the school is responsible to wait until the parent is well enough to meet. The school is responsible to provide a meeting format to meet the family’s needs, including through in person, virtual, or telephone attendance with any interpretation services needed for full participation.

IEP eligibility and services do not lapse or expire because the school delayed a meeting to accommodate the family. If a deadline is missed, a student’s services continue uninterrupted while meeting schedules are arranged to include family participation.

Here are examples of meetings where a parent/guardian must be invited and accommodated to participate:

  • Referral meeting to discuss whether to evaluate a student for eligibility
  • Evaluation review meeting
  • IEP meeting
  • Placement meeting
  • Transition conference to discuss moving into a new school or level of school (preschool into kindergarten, for example)
  • Meeting to discuss a Functional Behavioral Assessment (FBA) or Behavior Intervention Plan (BIP)
  • Meetings related to discipline, truancy, or complaints about Harassment, Intimidation, and Bullying (HIB)
  • Any other meeting where school-based services are discussed

What does the state say about parent rights to participate?

The Washington Administrative Code (WAC) describes the participation rights of parents (WAC 392-172A-05001).

The WAC explains that schools are not required to invite parents for “informal or unscheduled conversations involving school district personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. A meeting also does not include preparatory activities that school district personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.”

The WAC includes information about a parent’s right to visit school: “A parent of a student eligible for special education services may request permission to observe their student’s current educational placement, and to observe any educational placement proposed or under consideration either by a parent or a group that makes decisions on the educational placement of the parent’s child, in accordance with applicable school district policy and state law.”

Here is a key statement from the WAC related to parent participation:

“The parents of a student eligible for special education services must be afforded an opportunity to participate in meetings with respect to the identification, evaluation, educational placement and the provision of FAPE to the student.”

What is FAPE?

The statement above includes the word FAPE. FAPE stands for Free Appropriate Public Education. FAPE is what a student with a disability is entitled to receive. The school district is responsible to deliver FAPE.

The district must ensure that students with disabilities receive accessible, equitable, and appropriate services: All are elements of FAPE. PAVE provides a video training with more information about these key features of student rights: Student Rights, IEP, Section 504, and More.

An IEP provides FAPE through specially designed instruction and goal setting, progress monitoring, supplementary aids and services, accommodations, a thoughtfully chosen placement, and more. The IEP team meets to discuss all of this and make sure FAPE is being provided. Parents are equal partners for discussing all aspects of a student’s education.

TIP: Ask for a draft copy of the IEP or any other documents that will be discussed with enough time to review them before a meeting. The draft IEP is unfinished until it’s been reviewed and finalized in a team meeting that includes family participation.

Families have always been a priority under the law

The collaborative process of an IEP team that includes the family has been part of special education since federal laws were written to protect a student’s right to receive an education designed just for them. Parent participation is one of six primary principles of the federal Individuals with Disabilities Education Act (IDEA).

Here’s more language that describes FAPE: The IEP must be “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

This phrase—progress appropriate in light of the child’s circumstances—comes from another court decision, referred to as Endrew F. That Supreme Court decision established that meaningful progress must be tracked and monitored, and that the IEP must be adjusted if meaningful progress isn’t being made.

The IEP meeting is where families participate in tracking and monitoring that progress. Parents contribute important information about the progress or unmet needs of their children. Their observations provide critical information for team decision-making, and the federal laws were written to acknowledge the value of those contributions. That’s why parent participation is required for FAPE

TIP: Here’s a way to talk about parent rights within the process of special education: Failure to accommodate parent access to meetings when a child’s eligibility or services are discussed is a denial of FAPE.

What if parents cannot attend a meeting by the required renewal deadline?

Legal protections for students and families require a timely process. Schools are responsible to host a meeting that includes the family to update a student’s IEP at least every year. The IEP lists an “annual renewal date” on its cover page.

The school is also responsible to re-evaluate the student at least every three years to determine ongoing eligibility and to ensure that information about the student’s strengths and needs is up-to-date and the student is appropriately served through the IEP.

Sometimes there is a conflict when an evaluation or IEP renewal date sneaks up on the team and meetings aren’t scheduled early enough to accommodate the family and meet the deadline. It’s also possible that a family emergency or illness could prevent their timely participation.

In those situations, federal law has made it clear that the family’s participation is more important than the re-evaluation or IEP renewal deadline. The school can document the reason that the deadline is delayed, and a student’s services can continue without interruption until the meeting happens with family participants.

A student’s IEP eligibility does not expire because an evaluation is delayed, and the IEP does not lapse. Families can share this article and information about the federal court ruling if there is confusion.

What did Doug C. Versus Hawaii say?

The Ninth Circuit Court of Appeals handed down a decision on June 13, 2013, that reversed rulings by lower courts. The final ruling meant that the school in Hawaii was held accountable for having an IEP meeting without a parent. 

The court explained that schools must include parents at meetings unless they “affirmatively refused to attend.” Other legal language uses the phrase “good faith effort” to describe how schools must attempt to include families.

In the case of Doug C., the court found the school did not try hard enough to include the parent. In a hearing, the parent was able to share documentation showing he had provided the school with explanations each time he was unable to attend a meeting at the school’s suggested time and location. One documented explanation was that he was ill. In that case, the school held the meeting without him because they believed the IEP was about to “expire.”

The court said this rationale was based on a flawed premise. Earlier court rulings already had found that services do not end because an IEP renewal deadline is missed.  

In its decision, the court stated, “Parental participation is key to the operation of the IDEA for two reasons: Parents not only represent the best interests of their child in the IEP development process; they also provide information about the child critical to developing a comprehensive IEP and which only they are in a position to know.”

A place to get more information about court rulings related to special education is Wrightslaw.com. A Wrightslaw analysis of Doug C. Versus Hawaii includes a question-and-answer summary of the case. Here are highlights from that information:

Question: If a meeting is held after an annual renewal deadline, do IEP services lapse?

Answer: No. A child’s IEP does not lapse. Continuing to provide services based on the most recent IEP does not deny FAPE or “deprive a student of any educational benefit,” the court determined. The court further explained that there is no basis for assuming a school cannot provide services for a student whose annual IEP review is overdue.

Question: If there are scheduling conflicts, is priority given to school staff or the parent?

Answer: Priority is given to the parent. The court stated, “The attendance of [the]. . . parent, must take priority over other members’ attendance . . . an agency cannot exclude a parent from an IEP meeting in order to prioritize its representatives’ schedules.”

Question:  If the school has a meeting without the parent, can they make it okay by having another meeting within 30 days?

Answer:  No. The court found that parental involvement after-the-fact is not enough because “the IDEA contemplates parental involvement in the creation process.”

Question:  If a school district violates a procedural safeguard, such as parental involvement in meetings, does there need to be another finding of fault to show denial of FAPE? For example, would a court need to show that a child wasn’t receiving meaningful educational benefit from the services?

Answer:  No. The court does not need to determine a second violation. The denial of a parent’s right to participate in meetings is a violation of FAPE.

A parent’s right to participate in IEP process is part of the Procedural Safeguards that are written into the Individuals with Disabilities Education Act (IDEA). Schools are responsible for sharing a copy of the Procedural Safeguards at every formal meeting or whenever a parent requests them.

A copy of the Procedural Safeguards is downloadable from the website of the Office of Superintendent of Public Instruction (OSPI). An OSPI page titled Parent and Student Rights lists multiple translated versions of the Procedural Safeguards available for download.

Procedural Safeguards: How to File a Special Education Complaint

Posted on by Nicol Walsh

This training has information about parent rights and describes a process for filing a community complaint. When parents believe their child’s school has done something inappropriate related to the Individualized Education Program—their IEP—filing a complaint is one option available.

This training will help you know where to get a community complaint form and walks you through a pretend situation to demonstrate use of the form. The community complaint process is a no-cost option for families of children who receive special education services.

For more information and to access the community complaint form in your language, visit the website of the Office of Superintendent of Public Instruction (OSPI), the state educational agency for Washington State. To find the form, click on the question, “Is there a form for filing a community complaint?” The drop-down menu provides language options to download the form.

After you view the video, please take a quick moment to complete our survey. Your feedback is valuable!

WISe Provides Team-Based Services for Washington Youth with Severe Behavioral Health Disorders

Posted on by Nicol Walsh

A Brief Overview

  • WISe behavioral healthcare teams serve children and youth 20 or younger whose conditions are too severe to benefit appropriately from regular visits to a community clinician and/or therapist.
  • To qualify for WISe, the young person must be eligible for Apple Health, which is the public health program for Washington State. WAC 182-505-0210 describes Apple Health eligibility standards.
  • WISe was created as a response to the T.R. et al. lawsuit, settled in 2013.
  • Different agencies manage WISe programs in various regions of the state. The Health Care Authority manages a downloadable list of WISe agencies, organized by county. Families can contact their area agency by calling the phone number on this referral list.
  • Read on for various places families might seek solidarity and support. One option is Family, Youth, and System Partner Round Table (FYSPRT), which is a network of groups that meet to discuss what’s working/not working in behavioral healthcare systems in their communities.

Full Article

Children and youth with intensive needs related to behavioral health may be eligible for services from a statewide program called WISe–Wraparound with Intensive Services. A WISe team includes various clinical and professional staff and certified peers, who may support the emotional needs of family members.  

WISe services are provided in the community—outpatient—for children and youth 20 or younger who are eligible for public insurance, called Apple Health in Washington State. To be assigned to a WISe team, the young person must demonstrate a need for services that are more intensive than what is provided from regular visits to a community clinician and/or therapist.

What does behavioral health mean?

Behavioral health is a broad term describing services for people with conditions based in the brain that impact their behavior. Bipolar disorder, schizophrenia, and substance use disorder (SUD) are examples of severe behavioral health conditions impacting some adults and young people.

Other childhood conditions are many and varied, and not everyone uses the same terms for the same symptoms. The Child Mind Institute is a place for information about childhood symptoms, diagnoses, and options for treatment and support.

Some developmental conditions, such as autism, are considered behavioral health conditions when symptoms have a significant impact on behavior. A person with a complicated behavioral health condition may have impacts in multiple areas and may be given a “dual diagnosis.”

Who is eligible for WISe services?

WISe services are for children and youth until their 21st birthday. WISe is only approved if the patient has used other, less intensive therapies, with little to no improvement.  Once approved for services, a young person may spend time on an “interest list,” receiving limited support, before a full team is formed to serve them.

The young person is evaluated with a Child and Adolescent Needs and Strengths (CANS) intensive mental health screening tool, called the CANS-SCREEN.

Five core areas are evaluated:

  1. Life functioning
  2. Behavioral and emotional needs
  3. Risk behaviors
  4. Caregiver resources and needs
  5. Diagnosis and prognosis

According to the CANS-SCREEN, “The care provider, along with the child/youth and family as well as other stakeholders, gives a number rating to each of these items. These ratings help the provider, child/youth and family understand where intensive or immediate action is most needed, and also where a child/youth has assets that could be a major part of the treatment or service plan.”

WISe requires public health insurance eligibility

In addition to meeting criteria based on their symptoms, a young person must be eligible for Apple Health, which is the name for public health insurance in Washington State. The Washington Administrative Code (WAC 182-505-0210) describes Apple Health eligibility standards for children.

Apple Health is most often administered by Managed Care Organizations (MCOs). In 2022, plans are provided by Amerigroup, Community Health Plan of Washington (CHPW), Coordinated Care, Molina, and United Healthcare. Families can request case management from their MCO to help them navigate and understand healthcare options available to them.

An MCO care coordinator/case manager commonly is the person who refers a young person into WISe, although referrals also can be made by the family, a provider, a county health agency, or someone else with knowledge of the circumstances.

Different agencies manage WISe programs in various regions of the state. The Health Care Authority manages a downloadable list of WISe agencies, organized by county. Families can contact their area agency by calling the phone number on this referral list.

Who is on the WISe team?

Team members include:

  • Natural supports (family, friends, religious leaders…)
  • A Care Coordinator (who oversees clinical aspects of the case)
  • Therapist
  • Professionals (clinicians/prescriber if needed, Child Protective Services, probation officers and others who are relevant)
  • Certified peer support specialist
  • Others upon request (youth peer, school staff…)

The clinical group creates a Team Vision Statement, explaining what they plan to achieve and how they will accomplish it through collaborative work. The family also creates a Vision Statement, showing what strengths they would like to build in their family and what tools they need to make their goals possible.

WISe requires family engagement

The time commitment for WISe is significant. Clinicians engage with the whole household on topics related to school, health, work, relationships, home organization, and more.

WISe publishes data about its service delivery. According to January 2021 Service Intensity Estimates, an average family spends 10 or more hours per week engaged with WISe services. This could be much higher, especially in the beginning. Parents/Caregivers are offered therapy sessions and opportunities to engage with parent peers. 

WISe clinicians are responsible to integrate their work to fit with a family’s schedule, often seeking creative ways to tuck sessions into already busy days. For example, a clinician describes a day when they picked up a child at school and conducted a session in the car while driving the child to their next activity. After work, parent met with the clinician while the adults watched the child swim.

Family experiences with WISe are varied. Some say WISe created a critical turning point that enabled family survival. Others cite high staff turnover as a barrier to ideal therapeutic outcomes. The program is most effective with buy-in from the young person and their caregivers and when services are provided to match family needs and schedules.

Does my child have to agree to WISe services?

WISe is a voluntary program. Families may be able to motivate their child to participate by getting services started through Family Initiated Treatment (FIT). FIT was established as a pathway to treatment for youth 13-17 when Washington passed the Adolescent Behavioral Health Care Access Act in 2019. A parent/caregiver can initiate outpatient services to attempt to get the youth to engage. If after 12 visits (within 3 months) the youth is still unwilling to engage with the treatment, the family must end services. They have the option to engage a different provider to try FIT again.

What if WISe isn’t enough?

The WISe program is the most intensive outpatient program that the state offers. If services don’t seem to be working, the family might check the WISe Service Delivery, Policy, Procedure and Resource Manual to see whether there is more the program could be doing. The family also might check if the child could get additional services from another agency to complement the work with WISe. For example, service providers from a special education program at school or from the Developmental Disabilities Administration (DDA) can collaborate with a WISe team.

If a child needs inpatient services, they may be eligible for a referral into the Children’s Long-term Inpatient Program (CLIP). Children placed on a waiting list for CLIP often receive ongoing services from WISe. PAVE provides an article: Children’s Long-Term Inpatient Program (CLIP) Provides Residential Psychiatric Treatment.

History, Advocacy, and Family Support

WISe was created as a response to the T.R. et al. lawsuit, settled in 2013. The class-action lawsuit named ten plaintiffs who were denied treatment for schizophrenia, depression, bipolar disorder, and other serious psychiatric conditions. Most were institutionalized repeatedly and for extended periods, despite recommendations by therapists and case workers that they return home and receive services in their homes and local communities.

Disability Rights Washington (DRW) provided attorney support for the settlement of the T.R. et al. lawsuit. DRW is monitoring current issues related to children being underserved through WISe and encourages families with concerns to contact attorney Susan Kas: susank@dr-wa.org.

Another result of the legal settlement was a statewide network of stakeholders who meet regularly to discuss what works/doesn’t work within the behavioral health system for youth. That network is called Family, Youth, and System Partner Round Table (FYSPRT). Regional FYSPRTs report to a statewide FYSPRT to share input for system improvement. Regional groups are a hub for family networking and emotional support in addition to serving as a place to engage with community health providers, insurance case managers, and other professionals. Some FYSPRTs have distinct groups for young people to meet and support one another. Many FYSPRT groups use online meeting platforms due to the pandemic.

Another place for families engaged in behavioral health services to network is Washington State Community Connections (WSCC), which sponsors an annual family training weekend, manages an SUD Family Navigator training, and offers a variety of ways for families to share their experiences and support one another. WSCC in 2022 is engaged in work to help build a statewide website to help families navigate behavioral health services across systems. Stay tuned!

Families can get direct support from A Common Voice, a statewide non-profit staffed with Parent Support Specialists who have lived experience parenting a child with challenging behavioral health conditions. The program offers virtual support groups and 1:1 help. A Common Voice is part of the Center of Parent Excellence (COPE), managed by the state’s Health Care Authority. The COPE project website provides a schedule of support group meetings and contact information for regional lead parent support specialists.

An informal place to connect with other families is a Facebook group called Healthy Minds Healthy Futures. Advocates in this group initiated work for an interactive website for parents and are engaged in a push for HB 1800 to expand behavioral health services for minors statewide.

Families wanting to advocate for system change can participate in meetings of the Children and Youth Behavioral Health Work Group (CYBHWG). The work group was created in 2016 by the Legislature (HB 2439) to promote system improvement. CYBHWG supports several advisory groups, including one for Student Behavioral Health and Suicide Prevention. The work groups include representatives from the Legislature, state agencies, health care providers, tribal governments, community health services, and other organizations, as well as parents of children and youth who have received services. Meetings include opportunities for public comment. Meeting schedules and reports are posted on the Health Care Authority (HCA) website.

Parity laws, thoughtful language, stopping stigma

Keep in mind that a healthy mind is part of a healthy body, and U.S. laws protect parity for all illness conditions. Despite those protections, discrimination and stigma are commonly discussed within behavioral healthcare systems. Here are a few tips and considerations to help reduce stigma:

  • All behaviors start in the brain, so an impairment that impacts the brain is going to affect behavior. Some behaviors are not a person’s fault; that’s why they need treatment, support, and services.
  • Specific person-first language can help reduce stigma. For example, instead of calling someone bipolar or schizophrenic, say they are a person with bipolar disorder or schizophrenia.
  • An exception to person-first language is in the autism community, which has collectively agreed to use the term “autistic” to describe someone on the spectrum.
  • Saying that someone has “behavioral health,” or “mental health” does not describe their condition or what they need help with. Everyone has mental health! A better choice is to describe the condition/concern and the need for help: “This youth’s schizophrenia is impacting every aspect of life, and they need a range of services and treatments to recover and move forward with their life plans.”
  • A person who dies from suicide did not commit a crime, so the word “commit” is inappropriate to use when discussing suicide.

For additional information on related topics, including areas where behavioral health impacts school, see PAVE’s article: Mental Health Education and Support at School can be Critical

FAPE Fits Like a Proper Outfit

Posted on by Nicol Walsh

Have you ever felt like your student’s Individualized Education Program—their IEP—just isn’t a good fit? This short video provides an analogy to help families and schools talk about improvements.

Here are the words that go with the video:

Imagine if the school was responsible to provide a suit of clothes for your student. The clothes must fit in size and style. Let’s pretend your child is eligible for this specially tailored suit because clothes off the rack fit so poorly that the child won’t leave home. This problem is impacting everything.

This is sort of like the school’s responsibility to provide a child who has an IEP with FAPE. FAPE stands for Free Appropriate Public Education. The services delivered through an IEP make education appropriate because they are tailored to fit the child based on their strengths and needs. FAPE is what makes school accessible for a student with a disability.

Let’s go back to pretending that the school must provide a well-fitting suit. Imagine that the school opens a closet and says, “Let’s see what we have in here.” What they pull out might be too big, too small, outrageously mismatched or in colors and patterns that make your child grimace and refuse to get dressed. They might find bits and pieces that work, but chances are high that they won’t be able to put together a whole outfit without trying a little harder and getting out the sewing machine.

That’s like the work of an IEP team—to pull out the tools everyone needs to creatively build a program that is a good fit for the student.

The school is responsible under federal law to provide eligible students with FAPE. Tailoring a program to meet individualized needs in light of the child’s circumstances is part of FAPE. If you think your school is digging around in a closet trying to find a program for your student that is ready made, you can remind them that an IEP is individually tailored to fit the student.

Our Parent Training and Information team at PAVE hopes your IEP team designs a program that outfits your child for a successful journey through education. If you’d like our support, click Get Help from PAVE’s website, wapave.org.

Civil Rights Protect Language Access for Parent Participation in Child’s Education

Posted on by Nicol Walsh

Under state and federal law, all parents have the right to information about their child’s education in a language they can understand. This information is translated on handouts in multiple languages from the Office of Superintendent of Public Instruction (OSPI).

Language access includes translated documents and an interpreter for meetings and conversations. Parents have the right to these services even if they speak some English. These rights are unchanged if the student can speak or read English.

Meetings and Conversations 

When families talk with teachers or school employees, the school is responsible to offer an interpreter if one is needed. This includes parent-teacher conferences, meetings about special education, or any other conversations about a student’s education.

The school is responsible to provide competent interpreters who are fluent in English and in the family’s language. Interpreters are responsible to understand any terms or concepts used during the meeting. It’s not appropriate to use students or children as interpreters.

The interpreter communicates everything said during the conversation in a neutral way, without omitting information or adding comments. The school ensures that interpreters understand their role and the need to keep information confidential.

The interpreter may be in person, on the phone, or in a virtual space. The interpreter may be a district employee or an outside contractor.

Translated Information

Schools are responsible to translate important written information into the most common languages spoken within their districts. If a family receives information that is not in their language, they have the right to request a translated copy or for a translator to share the information verbally.

The school is responsible to communicate with parents in their language about:

  • Registration and enrollment in school
  • Grades, academic standards, and graduation
  • School rules and student discipline
  • Attendance, absences, and withdrawal
  • Parent permission for activities or programs
  • School closures
  • Opportunities to access programs or services-including highly capable, advanced placement, and English language learner programs

For students with disabilities, families should expect all documents about a student’s services to be translated into their native language. These may include:

  • Meeting invitations
  • Evaluation results
  • Individualized Education Program (IEP)
  • Section 504 Plan
  • Prior Written Notice (PWN)*

*Prior Written Notice (PWN) is a document schools are required to provide to the family after a meeting. The PWN includes notes from the meeting and describes any changes to a student’s services before those changes take effect. Parents have the right to add information or request changes to the PWN.

Questions, Concerns, and Complaints

Language access is a civil right. Districts have staff members responsible for civil rights compliance and non-discriminatory practices. OSPI provides a list of civil rights compliance coordinators statewide, including their email and phone number. Families can reach out to this person to explain what happened and what would fix the problem.

If the concern or disagreement is not resolved, families may file a discrimination complaint.

How to Navigate School for Youth with Mental Health Concerns

Posted on by Nicol Walsh

Staff from PAVE’s Parent Training and Information (PTI) program provided a workshop as part of the statewide virtual conference hosted by NAMI Washington October 16, 2021.

This recorded training provides a general overview of student rights in education. Some information is specific to students impacted by mental health conditions.

The formal content begins about four minutes into the video and ends at about 46 minutes.

Here are a few examples of topics addressed:

  • Does my student have the right to be evaluated for special education if they refuse to go to school because of anxiety?
  • What accommodations are reasonable to ask for?
  • What services might be possible for my student who struggles with emotional regulation?
  • Can counseling be a related service?
  • Are there protections for a student because of suicidal thoughts or attempts?
  • What support is available for a student with a disability condition who isn’t prepared for adulthood because high school got interrupted by the pandemic?

Additional information about mental health education and services at school, the overall layout of youth behavioral health in Washington State, and where to find family support is included in a PAVE article: Mental Health Education and Support at School can be Critical.

To seek education, training, and support from the National Alliance on Mental illness, look for a virtual training or information about a local affiliate near you, listed on the NAMI WA website.

One place to access behavioral health services for children and youth anywhere in Washington is through the Seattle Children’s Hospital Mental Health Referral Service: 833-303-5437, Monday-Friday, 8 a.m. to 5 p.m.

Families and young people can reach out for individualized assistance from PAVE’s Parent Training and Information (PTI) staff at PAVE. Click Get Help or call 800-572-7368.

After you view the video, please take a quick moment to complete our survey. Your feedback is valuable!

Disability Rights for Littles: Key Information for Families of Babies, Preschoolers, and Primary-School Children

Posted on by Nicol Walsh

This two-part video series provides information about the rights of babies, toddlers, and young children with developmental delays or disabilities.

Part 1 provides information about early support services for babies through age 3. An interactive exercise is included to help families better understand how to participate in development of functional outcomes as part of the Individualized Family Service Plan (IFSP). The video includes information about how early support services are provided and delivered in Washington State and where to begin. Keep in mind that early services are provided in the natural environment—places where babies and toddlers would spend their days if there was no disability.

Part 2 includes information about the transition from early services into preschool and primary school. Families will learn how decisions are made about eligibility for an Individualized Education Program (IEP) and how to participate in educational decision-making for their child. Inclusion in general education is covered, with information about federal requirements for services in the Least Restrictive Environment, to the maximum extent appropriate. The video explains the components of an IEP and provides advocacy tips to support parents and children throughout their educational years.

Families can reach out for individualized assistance from our Parent Training and Information (PTI) staff at PAVE. Click Get Help or call 800-572-7368.

After you view the video, please take a quick moment to complete our survey. Your feedback is valuable!

Family Advocacy and Student Rights

Posted on by Nicol Walsh

PAVE provided a virtual parent training in collaboration with the Washington State School for the Blind, posted to YouTube May 24, 2021. This Talk o Tuesday presentation includes an overview of student rights, IEP trouble-shooting tips for family advocates, and key information about the process of an Individualized Education Program (IEP). A few tips are specific to students with visual impairment, and most of the information is relevant to any family whose student has special education needs.

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

Posted on by Nicol Walsh

A Brief Overview

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

Full Article

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

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

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

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

Eligibility for Transition Recovery Services is an IEP team decision

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

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

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

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

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

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

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

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

Every IEP team should talk about Recovery Services

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

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

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

The key question to bring to the meeting

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

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

Transition Recovery Services are documented with PWN

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

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

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

What can families do?

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

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

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

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

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

How are graduation requirements impacted by COVID?

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

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

All students have the right to participate in Commencement

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