Tag: special education

Getting to Know the Individualized Family Service Plan (IFSP)

Posted on by Nicol Walsh

The Individualized Family Service Plan (IFSP) is an essential tool designed to support infants and toddlers with developmental delays or disabilities. This guide provides a structured overview of each step in the companion worksheet, breaking down the IFSP process and essential actions family caregivers should take. 

Brief Overview 

  • Part C of the Individuals with Disabilities Education Act (IDEA) ensures the right to early intervention services for infants and toddlers (birth to age three) with developmental delays or disabilities. 
  • Washington’s Department of Children, Youth, and Families (DCYF) administers early intervention services to eligible children in the state through Early Support for Infants and Toddlers (ESIT). 
  • The Individualized Family Service Plan (IFSP) is a comprehensive, whole family plan to provide tailored services and supports. 
  • Parents and family caregivers play a crucial role in the IFSP process and have the right to be fully involved. 
  • PAVE provides a fillable Getting to Know the Individualized Family Service Plan (IFSP) Checklist for download in multiple languages. 

Download the Getting to Know the Individual Family Service Plan (IFSP) Checklist

Download the Getting to Know the Individual Family Service Plan (IFSP) Checklist (Spanish)

Introduction 

Part C of the Individuals with Disabilities Education Act (IDEA) protects the rights of infants and toddlers with disabilities, from birth to age three, who qualify for early intervention services. In Washington, the Department of Children, Youth and Families (DCYF) administers services for eligible children through Early Support for Infants and Toddlers (ESIT). Children who qualify receive services through an Individualized Family Service Plan (IFSP). 

An IFSP is a comprehensive plan designed to support infants and toddlers with developmental delays or disabilities. It outlines the child’s current levels of development, sets specific goals, and details the services and supports needed to achieve these goals. The IFSP also includes information about the child’s family and their resources, priorities, and concerns, ensuring that the plan is tailored to the family’s unique situation. Additionally, it specifies the frequency, intensity, and method of the services to be provided, along with the professionals responsible for delivering them. The plan is reviewed every six months and is updated at least once a year but can be reviewed at any time by request of parents or other team members. The review process involves discussing: 

  • Progress toward existing goals 
  • Whether services should continue, increase, or decrease 
  • Any new concerns that need to be addressed 

Step 1: Read the IFSP draft before the IFSP meeting.

 Ask for a copy of the IFSP draft in advance of the meeting. Getting the draft before the meeting gives you time to read through it and understand what is being proposed. If you prepare and know what will be discussed, you will feel more confident and involved in the planning process. This will also help you give better feedback during the meeting. 

Review the document carefully to ensure all necessary information is included. Take your time to go through each section of the IFSP draft. Make sure that the details about your child and their needs are correct and clearly stated. Look for any missing information or areas that need more explanation.  

Understanding the IFSP is crucial for making informed decisions about your child’s care. Under state and federal law, parents have the right to information about their child’s education in a language they can understand. If English is not your first language, ask for a translation so you can fully understand the document. This ensures that you can participate effectively in the meeting and advocate for your child’s needs.  

Step 2: Review your child’s present levels and needs.

After a child is evaluated, data are compared against typically developing children of the same age. If scores show a 25 percent delay overall or if the score in one developmental area is statistically 1.5 standard deviations below typical peers, then the child is eligible for an IFSP. Your child’s present level of development will include a developmental level, including the percentage of delay, for each of the developmental areas evaluated. 

ESIT uses standardized tools and observations to evaluate a child’s development in five areas: physical, cognitive, social-emotional, communication, and adaptive. Physical skills include fine motor and gross motor development, including movement and coordination. Cognitive skills involve thinking and learning. Social-emotional skills are about interacting with others and managing emotions. Communication skills cover understanding language (receptive) and using language (expressive).  Adaptive skills are daily living activities like dressing and eating. Your child may also be evaluated for vision and hearing development. Assessing these areas gives a complete picture of your child’s development and helps guide the support they need. 

Carefully read the summary of your child’s functional performance to identify their social-emotional, communication, and behavioral strengths. By knowing their strengths, you can build on them to help your child grow. This means identifying areas where your child excels and using these strengths as a foundation for further development. For example, if your child has strong fine motor skills, you can incorporate activities that involve drawing, building with blocks, or holding eating utensils. Recognizing and leveraging strengths can boost your child’s confidence and motivation, making learning more enjoyable. It also helps create a more balanced and positive approach to their development, focusing not only on areas of need but also on celebrating and expanding their abilities. 

Understanding your child’s weaknesses will allow you to focus on areas that need improvement. Based on the evaluation data, the IFSP will identify what specific supports and services your child requires. These needs might include therapies, special education, or other interventions. For example, if your child has cognitive delays, the plan might include early intervention services that focus on developing problem-solving and learning skills. This could involve activities like puzzles, matching games, or simple counting exercises that help your child improve their cognitive abilities. 

Step 3: Read the family priorities and concerns for accuracy. 

The IFSP is a whole family plan, with the child’s primary caregivers as major contributors to its development and implementation. Carefully read the sections that refer to family priorities and concerns. Write down anything you would like to add or change. 

The IFSP includes goals, and progress is monitored to determine whether the plan is supporting appropriate outcomes. The plan is reviewed every six months and is updated at least once a year but can be reviewed at any time by the request of parents or other team members. 

As you think of additional concerns and priorities, make note of them to discuss at the IFSP meeting. Every six months, or whenever necessary, the IFSP can be adjusted to reflect new developments, emerging needs, or changes in family priorities. Urgent or time-sensitive issues do not have to wait until the six-month review. Family caregivers can request a meeting to discuss their concerns or update the IFSP at any time.  

Step 4: Review any recommended resources. 

Explore the community resources and supports listed by the Family Resource Coordinator (FRC). Some may require additional application processes and paperwork. Begin by identifying which resources are most important and the starting point to connect with their services or information. Plan to work through each step and make note of those resources that you want to explore further. 

Step 5: Consider the major results/outcomes expected of your child. 

The IFSP outlines specific outcomes, or goals, based on the child’s present levels of development. Review the outcomes outlined for your child’s development. The outcomes should be practical and fit into daily routines, and they should be written so the IFSP team can measure progress. 

Some skills require gradual learning. If a goal seems too broad or complex, breaking it into smaller, manageable steps (or “chunking”) can make it easier for the child to achieve success. For example, if the goal is for a child to use a spoon independently, the steps might include: 

  1. Holding the spoon correctly 
  2. Scooping food with assistance 
  3. Practicing controlled movements to the mouth 
  4. Eating independently with minimal spills 

Write down your concerns and observations about specific outcomes to discuss with the IFSP team. If a goal is too ambitious or not challenging enough, adjustments can be made to better fit your child’s pace of development. 

Step 6: Identify the services, including frequency and duration. 

 Early intervention services are designed to meet the child’s individual needs. Locate your child’s services, the frequency and duration, and the outcomes related to each service. Review the types of services your child will receive, such as speech therapy or occupational therapy, and whether they will be provided individually or as part of a group. 

 Step 7: Review the location(s) of service delivery. 

Services are typically provided in the child’s home or other natural environment, where everyday learning opportunities occur, such as their home or daycare. They also can be offered in a medical hospital, a clinic, a school, or another community space. Any services provided outside the child’s natural environment require a statement explaining the rationale for the placement, including why an outcome cannot be achieved in a natural environment and a plan to move the service or support into the natural environment.  

Review the location(s) where your child will receive their services and note any concerns you have, including issues with accessibility, transportation, and distance from their natural environment. 

Step 8: Identify the source of funding or payment for services. 

Washington State provides most early intervention services at no cost to families of eligible children. Some services covered by insurance are billed to a child’s health insurance provider, with the signed consent of a family caregiver. The early intervention system may not use health care insurance (private or public) without express, written consent. The IFSP will include any payment arrangements for services that are not covered by Part C. 

Part C of the IDEA requires states to provide the following services at no cost to families: Child Find (outreach and evaluation), assessments, IFSP development and review, and service coordination. 

Step 9: Save your FRC’s information. 

The FRC is your main contact for your child’s early intervention services. The IFSP lists the FRC’s name and contact information. If you have any concerns or disagree with any part of the process, you can reach out to your FRC at any time for help and guidance with accessing services. While your child is receiving early intervention services, communicate any updates or additional support needs to your FRC. 

Final Thoughts 

As a parent or caregiver, you have the right to be fully involved in your child’s early intervention journey. Following these steps ensures that families are well-prepared to navigate the IFSP process. Understanding the IFSP process gives you the knowledge and confidence to make informed decisions, ensuring your child receives the best possible support for their development. By staying informed, actively engaging with the IFSP team, and advocating for their child’s needs, families can help create an effective and supportive early intervention plan for their child’s development. 

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Ensuring Safety and Inclusion: Adding an Emergency Action Plan to the IEP or 504 Plan 

Posted on by Nicol Walsh

Emergency Action Plans are crucial for ensuring the safety of students with disabilities during crises like earthquakes, fires, or active shooter events. These plans should be integrated into existing Individualized Education Programs (IEPs) and 504 plans, which already provide accommodations for educational and behavioral needs.

Federal laws mandate that schools offer equitable emergency services to all students, including those with disabilities. Washington state law also requires comprehensive safe school plans that include provisions for students with special needs, regular safety drills, and collaboration with local emergency response agencies.

Brief Overview

  • An individualized Emergency Action Plan prepares students with disabilities for external emergencies.
  • The Americans with Disabilities Act (ADA) requires schools to provide reasonable accommodations to ensure the safety and participation of students with disabilities, including during emergency procedures.
  • The Individuals with Disabilities Education Act (IDEA) requires that schools consider the unique needs of students with disabilities when developing and implementing emergency response plans.
  • Section 504 of the Rehabilitation Act mandates that schools provide reasonable accommodations to students with disabilities to ensure equal access to education, including safety procedures and emergency drills.
  • Washington State law requires that schools develop and implement comprehensive safe school plans that are inclusive of and accessible to students with special needs (RCW 28A.320.125).
  • Download the Emergency Action Plans handout to prepare for and share at an upcoming IEP or 504 plan meeting.

Introduction

In Individualized Education Program (IEP) or Section 504 plan meetings, we often discuss accommodations, which can include placement, specially designed instruction, transportation, related services, and more. In some cases, a behavior intervention plan (BIP) accompanies the IEP or 504 plan. While reviewing these documents, we develop accommodations and responses for educational and behavioral purposes in various environments and situations. However, what sometimes gets overlooked is an Emergency Action Plan.

Emergency Action Plans allow us to prepare for external emergency situations and crises, such as earthquakes, fires, or even active shooter events. While these are high stress topics, we also want our families to be aware of real-world events so we can best prepare and protect our children.

We’ll start with a quick reminder of students’ rights and responsibilities, and Washington State Requirements for emergency planning.

Rights of Students with Disabilities

Federal law emphasizes the inclusion and equitable treatment of students with disabilities in school emergency management plans. These laws ensure that students with disabilities receive the same emergency services as their non-disabled peers and are considered during all stages of emergency management planning. This principle is supported by several federal laws, including the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act.

The Americans with Disabilities Act (ADA) prohibits discrimination based on disability in all areas of public life, including schools. This means that schools must ensure their emergency plans are accessible to and inclusive of students with disabilities. The ADA requires schools to provide reasonable accommodations to ensure the safety and participation of students with disabilities, including during emergency procedures.

The Individuals with Disabilities Education Act (IDEA), is a federal law designed to ensure proper education for students with disabilities and guarantees a free and appropriate public education (FAPE) to all students with disabilities. This includes the right to a safe and supportive learning environment, which extends to emergency situations. Schools must consider a student’s Individualized Education Program (IEP) or 504 plan when developing emergency procedures, ensuring that necessary accommodations and supports are integrated into the school’s overall plan.

Section 504 of the Rehabilitation Act, similar to the ADA, prohibits discrimination based on disability in any program or activity receiving federal financial assistance, including schools. This law mandates that schools provide reasonable accommodations to students with disabilities to ensure equal access to education, including safety procedures and emergency drills.

When referring to Emergency Action Plans or evacuation plans for special education students, Wrightslaw emphasizes that schools have a legal and ethical obligation to create individualized plans that cater to the specific needs of each student with a disability, ensuring that no child is left behind in an emergency situation. Individualized plans should consider physical, sensory, cognitive, and mobility impairments. The school should conduct practice drills, training to familiarize staff with individualized plans, and risk assessments to help identify any potential obstacles that could occur in an emergency situation.

Washington State Requirements for Emergency Planning

In addition to the requirements under federal law, Washington state law emphasizes the need to include planning for students with special needs or disabilities in the safe school plan, with provisions for assisting and communicating with staff and students (RCW 28A.320.125). Each school district is required to adopt and implement a comprehensive safe school plan that:

  1. Takes proactive measures to reduce the likelihood and severity of potential emergencies, referred to as emergency mitigation. This might include actions like strengthening school buildings to withstand natural disasters or implementing security measures to prevent unauthorized access.
  2. Prepares for a wide range of emergencies. This includes developing and maintaining a detailed plan, conducting regular safety drills, and training staff and students on established crisis responses. Schools must also collaborate with local emergency response agencies and participate in joint exercises to test and improve their preparedness strategies.
  3. Outlines clear roles and responsibilities for staff and students, communication protocols, and procedures for coordinating with first responders. Emergency drills help to familiarize students and staff with the appropriate actions to take in different scenarios, minimizing confusion and promoting a swift, coordinated response.
  4. Addresses the actions taken to support the school community in the aftermath of an emergency and to restore normal school activities. This may include providing counseling and support services to students and staff, assessing and repairing damage to facilities, and communicating with parents and the community about the situation and recovery efforts.

When developing their comprehensive safe school plans, school districts must consider the guidance and resources provided by the state and regional school safety centers.

The law states, “Schools shall conduct at least one safety-related drill per month, including summer months when school is in session with students” (RCW 28A.320.125(5)(b)). It further specifies that these drills must teach students three basic functional responses, including:

  • Shelter-in-place: Used to protect students and staff from hazardous materials, like chemicals or radiation, by keeping them inside and away from the exposed outside environment.
  • Lockdown: Used to protect students and staff from threats of violence, such as intruders.
  • Evacuation: Used to move students and staff away from dangers, like fires, oil spills, or tsunamis.

These drills must be tailored to the specific threats and hazards most likely to impact the school. For example, schools in mapped lahar or tsunami hazard zones must conduct a pedestrian evacuation drill. Additionally, all schools must conduct an earthquake drill using the state-approved “drop, cover, and hold” technique.

Starting the Conversation with IEP and 504 Plan Teams

To ensure these safety measures are effectively implemented and meet the unique needs of each student, start the conversation with the IEP or 504 plan team by:

  • Requesting a Meeting: You can request a meeting with the IEP or 504 team through the child’s teacher, special education director, or district staff. Be sure to submit your request via email or hard copy letter to keep for your records. 
  • Requesting an Addendum: If the team has previously had discussions about an Emergency Action Plan or existing accommodations that could be used to support an Emergency Action Plan, you might want to ask for an addendum without a meeting to get these supports written into the IEP or 504 plan.

Developing a Tailored Emergency Action Plan

The IEP or 504 plan provides an ideal framework for incorporating the needs of students with disabilities into emergency planning. The teams can easily gather data about the student’s individual needs, consider the nature of the disabilities, and the potential implications for safety planning. Here’s a few things to consider:

  • Review the student’s medical files. Ensure that the child’s medical records are current and up to date. In an emergency situation, this medical history will be shared with first responders to ensure the child’s needs are met.
  • Review the current IEP or 504 plan. Take a look at the accommodations, modifications, and service minutes currently in place and see if they can supplement the Emergency Action Plan.
  • Write down effective supports. Note interventions and solution-driven supports that are most effective for the student. Share feedback from medical providers, therapists, and other caregivers about what the child will respond to best.

Emergency action plans should build upon the accommodations, modifications, and services already outlined in a student’s IEP or 504 plan. For example, if a student requires mobility support to access their seating accommodation in the classroom, this should be factored into the school’s shelter-in-place procedures. As should a student’s needs for sensory support, such as a fidget, comfort items, or sensory-suppressing device (i.e. headphones, weighted materials). Whether it’s running through drills or happening real-world, familiar and personal comfort items can aid our students in self-regulating as they navigate the established emergency procedures.

Students whose IEP or 504 plan include assistive technology may also need access to such devices during an emergency. If the student requires assistive technology to maintain their ability to communicate and receive instructions, this should be written into their Emergency Action Plan. Devices such as communication boards, speech-generating devices, or specialized software should be readily available and functional during drills and actual emergencies. During emergency planning, the team can identify language and terminology to add to devices for the student to communicate needs arising from the crisis. For example, emotions may be added to a communication board to enable a student to express themselves to the same degree as non-disabled students. Being able to communicate their feelings in that moment can boost their ability to self-regulate and adhere to established protocols.

All stakeholders—students, staff, community partners, and parents—need to be educated about the school’s emergency plan and the specific procedures for supporting students with disabilities. Regular drills and exercises involving community partners can help familiarize students with the plan and ensure a coordinated response. Recognizing that some students may become dysregulated by disruptions to their routines, communication is essential! The IEP or 504 plan may include notice of upcoming drills to allow the team to prepare the student, working within the accommodations or services written into the educational program. For example, speech therapy may include reviewing a social story about how to respond to a fire drill. Similarly, a student with complex healthcare needs may require additional support from the nurse to access medications during the drill, or a student with limited mobility may require assigned personnel to assist with getting into a shelter-in-place location.

Schools must communicate and collaborate with community partners, including first responders, to ensure the safety and well-being of students, especially those with disabilities. If the student has a new medical condition or there are changes in how to respond to a medical incident, it is crucial to inform the school team and update the school nurse’s records. This ensures that any information shared with first responders, with the parent or guardian’s signed permission, is accurate and tailored to the child’s needs during emergencies.

Final Thoughts

The safety and well-being of all students is paramount, regardless of developmental or physical challenges. By proactively addressing their unique needs and ensuring that emergency procedures are inclusive and comprehensive, schools can create a safer environment for all students. Collaboration among educators, parents, and community partners is key to developing and implementing these plans effectively. We can’t always predict life’s unpredictability, but we can certainly have plans in place for whatever presents itself. Start the process today by requesting a meeting with the IEP or 504 plan team to discuss an Emergency Action Plan.


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Beyond School Walls: A Guide to Homeschooling in Washington State 

Posted on by Nicol Walsh

Homeschooling is a popular and flexible educational option for many families. “Home-based instruction” (HBI), as it’s referred to in Washington State law, must meet specific required subjects and instructional hours (or school days) annually. If you’re considering homeschooling, it’s important to understand the legal requirements and steps involved, including the qualifications that make a parent or guardian eligible to provide home-based instruction. Homeschooled students can access public school resources like extracurricular activities, part-time classes, and even special education services. By understanding and adhering to these guidelines, you can ensure a successful and enriching homeschooling experience for your child.

A Brief Overview

  • Homeschooling or home education programs are called “home-based instruction (HBI)” in Washington state.
  • A parent or guardian must meet one of four qualifying criteria to homeschool, or register through an approved private school extension program.
  • Homeschooling must cover 11 required subjects and at least 1,000 instructional hours annually (or 180 school days), but Washington law (RCW 28A.200.020) allows for flexibility in teaching methods and curriculum selection, emphasizing a personalized approach.
  • Beginning on their eighth birthday, your child must be enrolled in a school or home-based instruction, in accordance with Washington’s compulsory attendance law (RCW 28A.225.010).
  • If your student was enrolled in school prior to homeschooling and they are 8 years of age or older, they must be withdrawn by written and signed statement, and you must file a Declaration of Intent with your local public school district. The Declaration of Intent must be filed by September 15th annually, or within two weeks of the beginning of the public school year.
  • Homeschooled children must complete yearly assessments, either through standardized testing or an evaluation by a certificated educator. Parents and guardians must keep the results in their homeschooling files as a permanent record.
  • Families can request a special education evaluation from the public school district regardless of whether their child is enrolled in public school. If the child is eligible, the district must provide ancillary services unless the family declines them (RCW 28A.150.350).
  • Homeschooled students can participate in public school resources, including part-time enrollment in virtual or in-person classes, extracurricular activities, and sports.
  • PAVE provides a downloadable Annual Checklist for Home-Based Instruction to help families maintain compliance with Washington’s homeschool statutes.

Introduction

Whether you are looking for an alternative to public school or continuing a home education program you began before moving from out of state, there are some things you need to know before homeschooling your student in Washington State. Homeschooling, referred to as “home-based instruction (HBI)” in the state statutes, comes with specific guidelines and requirements.

To homeschool, a parent or guardian must:

  1. Meet the qualifications for homeschooling under state law (RCW 28A.225.010(4))
  2. Provide 180 school days or 1,000 instructional hours annually in the 11 required subjects
  3. Formally withdraw the student from public school
  4. Notify the school district of annually with a Declaration of Intent
  5. Have the student complete an annual test or assessment
  6. Maintain homeschool records
Download the Annual Checklist for Home Based Instruction

What qualifications must a parent or guardian meet to homeschool?

A parent or guardian has to meet one of the following qualifications to homeschool their child:

  1. Hire a certified teacher to supervise the instruction.
  2. Complete 45 college quarter credits or the equivalent in semester credits.
  3. Complete a course in home-based education, sometimes referred to as a parent qualifying course, at a postsecondary or vocational-technical institute.
  4. Gain approval from the superintendent as “sufficiently qualified to provide home-based instruction.” Those who have homeschooled in another state and move into Washington may be more successful with this by demonstrating a documented history of homeschooling.

If you do not meet these qualifications, you may homeschool through a private school extension program. Locate an approved private school that allows the homeschooling option and contact the school directly.

What do homeschool students learn?

Washington law mandates that homeschooled children receive at least 1,000 instructional hours annually (or 180 school days), similar to the public school system. There are 11 required subjects, although parents do not have to teach every subject daily, weekly, or even yearly. Some subjects, like social studies, are for younger grades, while others, like history, are for older grades. The homeschool curriculum must include the following subjects:

  • Occupational education
  • Science
  • Math
  • Language
  • Social studies
  • History
  • Health
  • Reading
  • Writing
  • Spelling
  • Art and music appreciation

You have full control over your homeschooling curriculum, allowing you to tailor the education to your child’s needs and interests. You are responsible for decisions related to educational philosophy, selection of books, teaching materials, curriculum, and methods of instruction (RCW 28A.200.020).

Washington law acknowledges that “home-based instruction is less structured and more experiential than the instruction normally provided in a classroom setting.” As a result, the nature and quantity of instructional and educational activities are “construed liberally”. This flexibility gives you the freedom to create a personalized educational experience. (RCW 28A.225.010(5))

When and how can I withdraw my student from public school?

Children living in Washington must be enrolled in a school or home-based instruction starting on their eighth birthday. The law requires compulsory attendance from age eight until eighteen (RCW 28A.225.010). Any educational programs your child participates in before age eight are not subject to state requirements for home-based instruction.

If your child is enrolled in a public or private school and you decide to homeschool, you must first formally withdraw your student. This process involves submitting a withdrawal form provided by the school or a written statement including the student’s name, school name, date of withdrawal, your signature, and the date of signing.

If your child is 8 years of age or older, notify the school district of your intent to homeschool on the same day that you withdraw them from public school, even if they have not yet begun classes or an educational program at the school.

How do I notify the school district that I am homeschooling my child?

For every school year that your child is homeschooled, you must file a written statement, called a Declaration of Intent, with the district superintendent. The address of the superintendent is usually the district office, which you can find on the school’s website or by calling your local school. You may retain a district-stamped copy of the Declaration of Intent by including a second copy and a self-addressed envelope with prepaid postage in your mailer. The deadline to file is September 15th or within two weeks of the beginning of the public school year.

A Declaration of Intent is not required for children who begin school before age 8. For example, a 5-year-old who has started kindergarten may be withdrawn for home-based instruction. The child started going to school before compulsory attendance applied. As a result, the parent is not required to file a Declaration of Intent. If you intend to start your student’s educational career in homeschool, submit your first Declaration of Intent when your child turns 8 years old and compulsory education begins.

The Office of Superintendent of Public Instruction (OSPI) has provided a Sample Declaration of Intent that includes all of the required information: the child’s name, age, address, and parent’s name. This documents that the parent is complying with compulsory education requirements, and the student is receiving an education. The Declaration of Intent must also specify whether a certified teacher will supervise the instruction.

What are my options to complete the required annual assessments?

There are two options for the required annual assessments:

  1. Standardized Test: Administered annually by a qualified individual approved by the test publisher. The test must be a standardized academic achievement test recognized by Washington State Board of Education (SBE). For a list of examples of tests, see the SBE Home Instruction FAQs page.
  2. Annual Assessment: Conducted by a certificated person currently working in the field of education. The evaluation must be written. Washington law does not provide as much detail about the criteria for evaluations, but it should include “statements and documents that reflect the child’s progress, or lack thereof” (OSPI).

The purpose of the annual test or evaluation is to provide an external metric to measure a student’s progress. The results are for the parent’s use only, unless the child is later enrolled at a public or private school. Parents can choose either option each year based on what works best for their child. Keep the test results in your permanent homeschool record.

Homeschooled students may take part in standardized testing at the public school. The testing dates for the year are usually available at the school office by late September and parents can call the assessment coordinator at the school district to register their student for these tests. Be sure to request a copy of the test scores for your homeschooling file during registration for the standardized test.

If a homeschooled student performs poorly on a test or assessment and the results indicate that they are “not making reasonable progress consistent with his or her age or stage of development,” the parent or guardian is expected to “make a good faith effort to remedy any deficiency”. (RCW28A.200.010(1)(c))

What records do homeschooled students have?

Maintaining good records is an essential part of homeschooling in Washington state, serving as proof of education and compliance with state laws. While the law does not specify the exact form records should take, there are several types of documentation that are meaningful for homeschooled students:

  • Attendance records tracking the 180 school days or 1,000 instructional hours required
  • Curriculum information documenting the textbooks and workbooks used
  • Student work samples and portfolios demonstrating application of what they’ve learned
  • Communication with school officials, including the annual Declaration of Intent and proof of mailing, such as the Certified Mail-Return Receipt
  • Test results, such as annual standardized tests and assessments
  • Immunization records

These records can be requested by school administrators if your child later enrolls in a traditional school setting. You should permanently keep proof of compliance with home education laws, including the Declaration of Intent and results of the annual assessments. Homeschool Legal Defense Association (HSLDA) recommends keeping all records from your student’s high school years because they may be requested as proof of education by a post-secondary education program, upon joining the military, or as part of an employment-related background check.

Does the public school have to provide special education and related services to homeschooled students?

Families have the right to request an evaluation for special education from the public-school district regardless of whether a child attends public school. If the child is found eligible, the local district is responsible for providing services unless the family does not want them. In some cases, families arrange to have a child attend private or home-based school but receive special-education services through the public school. These special education services are known as “ancillary services” and they are defined in Washington Administrative Code (WAC) as “any cocurricular service or activity, any health care service or activity, and any other services or activities, except ‘courses,’ for or in which preschool through twelfth grade students are enrolled by a public school” (WAC 392-134-005).

Ancillary services include but are not limited to:

  • Therapies, such as counseling, speech and hearing therapy
  • Counseling and health services
  • Testing and assessments
  • Supplementary or remedial instruction
  • Tutorial services, which may include home or hospital instruction
  • Sports activities

According to The Pink Book: Washington State Laws Regulating Home-Based Instruction, available on OSPI’s Home-Based Instruction page, the definition of “course” specifies that a service or activity meets all of the requirements of an ancillary service but is instructional in nature.

Can homeschooled students take part in public school classes or activities?

Students homeschooled in Washington have access to public school resources, including standardized testing, extracurricular activities, and specialized programs. Families can enroll their children as part-time students to access specific classes or services that complement their home-based instruction (RCW 28A.150.350(d)). Homeschooled students can attend virtual and online public school programs on a part-time basis without losing their homeschool status.

Access to extracurricular activities includes participation in sports and other interscholastic competitions through the Washington Interscholastic Activities Association (WIAA). Homeschooled students are considered “regular members” as long as they have met the State’s home-based instruction requirements, and –

  • Annually file a WIAA Rule 18.6.3 form with the principal’s office where the student is enrolled part-time. This form is available on the WIAA website, on the Student Eligibility Center page in multiple languages.
  • Do not receive assistance from the school district, and the school district does not receive funding for the student.
  • Meet both WIAA and the local school district eligibility requirements.
  • Follow transfer rules if they change schools after registering as a homeschool student.
  • Provide acceptable documentation of any interscholastic eligibility standards required of all other student participants.
  • Comply with WIAA and local school district regulations during participation.
  • Adhere to the same team responsibilities and standards of behavior and performance as other team members.
  • Participate as a member of the public school in the service area where they reside.

Final Thoughts

Homeschooling in Washington State provides families with a flexible and personalized approach to education while adhering to the state’s legal requirements. By understanding and meeting the necessary qualifications, maintaining proper records, and fulfilling annual assessment obligations, parents and guardians can ensure their child’s education remains compliant and effective. The wide array of resources, from specialized classes to extracurricular activities, further supports a well-rounded learning experience. Whether you are new to homeschooling or continuing from another state, Washington’s supportive framework allows for a rich and adaptable educational journey tailored to each child’s unique needs.

Online – Awesome Autism Parent Support Group

February 13 @ 12:00 pm – 1:00 pm PST

Register to Join!

Awesome Autism Parent Support Group – The Awesome Autism Parent Support Group is a community dedicated to providing a nurturing and empowering environment for parents and caregivers of children with autism. The primary goal is to offer emotional support, share resources, exchange experiences, and promote a sense of unity among parents, individuals, and families raising and child diagnosed with autism spectrum disorder (ASD). The group meets online on the 2nd Thursday of the month from 12-1 pm PT.

Highlights:

  • Inclusive and Welcoming Environment: The support group is a safe space where all parents, regardless of their background or experiences, are welcomed and embraced.
  • Information Sharing: Valuable information about autism, including the latest research, therapeutic interventions, educational strategies, and community resources, is shared within the group.
  • Guest Speakers and Workshops: The support group might invite guest speakers, such as autism experts, therapists, educators, and medical professionals, to provide insights and guidance on various topics related to autism and parenting.
  • Emotional Support: The support group offers a platform for parents to express their feelings, frustrations, and joys without judgment.

Registration is required to get access to the Zoom link.

Register to Join!
Free

PAVE P2P Staff

Related Events

Online- Helping Parent Volunteer Training

March 11 @ 12:00 pm – 1:30 pm PDT

Register to join

What Will I Learn?

  • Emotional Support Strategies
  • Emotional Responses
  • Self-Care Strategies
  • The Match Process
  • Empowerment
  • Communication & Active Listening
  • Volunteer Expectations
  • Ways to volunteer
  • PAVE Programs
  • Local Resources

Pierce County Parent to Parent partners with The ARC of Washington and Pierce County community connections to provide support, information, and education for parents of children with disabilities and special healthcare needs.

This is the required training to become a 1:1 helping parent volunteer and support other parents who have just learned their child has a condition or need support for any reason.

Helping Parent Volunteers and staff assist families in coping with many challenging experiences and feelings.

Register to Join

Free

PAVE P2P Staff

Related Events

Virtual Workshop – Special Education with a focus on Military Families Fort Jackson

February 12 @ 7:00 am – 9:00 am PST

Register to join!

When You Attend a STOMP Workshop You Learn …

Empower yourself with knowledge of educational rights, support services, and access to TRICARE, ECHO, and ABA programs.
Connect with local resources and a supportive community network to share ideas and solutions with other parents and professionals.

Based on Eastern Standard Time:
10:00 am – 12:00 pm ET
February 5: Pathways to Military Medical & Medicaid Benefits for Exceptional Families
February 12: Demystifying Key Components of an IEP
February 19: Dispute Resolution: Orders and Chain of Command for Resolving Conflicts
February 26: Sound the Cadence: Raising Voices in Advocacy

Register to join!

Free

Specialized Training of Military Parents STOMP

Related Events

Virtual Workshop – Special Education with a focus on Military Families JB Lewis McChord

February 11 @ 9:30 am – 11:30 am PST

Register to join!

When You Attend a STOMP Workshop You Learn …

Empower yourself with knowledge of educational rights, support services, and access to TRICARE, ECHO, and ABA programs.
Connect with local resources and a supportive community network to share ideas and solutions with other parents and professionals.

February 4: TRICARE, ECHO, ABA & Medicaid (Secondary dependency)
February 6: Financial Planning for the Future
February 11: Effective Communication
February 13: Sound the Cadence: Raising Voices in Advocacy

Register to join!

Free

Specialized Training of Military Parents STOMP

Related Events

Online – Special Education Trainings 2024-2025 

April 9 @ 4:00 pm – 5:30 pm PDT

You must register to receive the meeting information! Register today!

Special Education Trainings 2024-2025

These trainings are supported in partnership with ESD 114

Join our virtual training sessions to learn about key aspects of the special education process. Gain valuable insights, ask questions, and connect with experts to better support students with disabilities.

Dates and Topics:

Date:   September 25th, 2024

Time: 4pm – 5:30pm

Topic:  Understanding the Special Education Process

Description: This training will bring understanding to the Special Education Process and how it works to ensure students with disabilities receive a Free Appropriate Public Education. It will also clarify the rights and responsibilities under IDEA. Participants will become knowledgeable in navigating the Special Education process from eligibility, evaluation and the development of IEPs and their implementation. After the training, an IEP Clinic is available to participants to share their questions and concerns regarding their students, Evaluations, IEPs, or meetings.

Date:     January 29th, 2025

Time: 4pm – 5:30pm

Topic: Washington State Governors Office of the Education Ombuds overview

Description:  Overview of the OEO’s work and how the office supports families, communities, and schools addressing the concerns that impact all students’ education.  There will be an IEP clinic to address individual questions and concerns.

Date:  April 9th, 2025

Time:  4pm – 5:30pm

Topic: School To Adulthood: Planning The Path

Description: This training will provide information to parents, guardians and professionals who are assisting student with disabilities in planning a path for their future. It’s never too soon to begin planning to ensure a smooth process from School to adulthood.

Date:  May 7th, 2025

Time: 4pm – 5:30pm

Topic: Assistive Technology (AT): Does my student qualify for Assistive Technology

Description: This training will cover the : What, When, How, Who, and Where of Assistive Technology for students on 504 and IEP’s.

You must register to receive the meeting information! Register today!

Free

PTI Program

Related Events

Early Intervention: How to Access Services for Children Birth to 3 in Washington

Posted on by Nicol Walsh

New parents often worry about their child’s growth and development, especially when comparing with other children. Early intervention can be crucial for children with developmental delays or disabilities. In Washington, families can connect with a Family Resource Coordinator (FRC) for guidance and access free developmental screenings. The Department of Children, Youth and Families (DCYF) offers services through Early Support for Infants and Toddlers (ESIT), providing evaluations and individualized plans (IFSP) to support eligible children from birth to age three. These services, protected under the Individuals with Disabilities Education Act (IDEA), are typically free and aim to help children thrive in various settings. 

A Brief Overview

  • PAVE provides downloadable toolkits specifically designed for parents and families of young children, including From Birth to Three Toolkit and Transition Toolkit for Ages 3-5. 
  • Families concerned about a child’s development can call the Family Health Hotline at 1-800-322-2588, with support in multiple languages. Parents can complete a free developmental screening online at Parent Help 123. 
  • Washington’s Department of Children, Youth and Families (DCYF) administers family-focused services for eligible children from birth to age 3 through Early Support for Infants and Toddlers (ESIT). 
  • The Individualized Family Service Plan (IFSP), funded by Part C of the Individuals with Disabilities Education Act, is a whole family plan developed with input from caregivers and professionals. It includes goals, services, and progress monitoring, and is reviewed regularly. 
  • To qualify, a parent must provide written permission for ESIT to conduct an early intervention evaluation of their child. If the evaluation results indicate that the child has a developmental delay or disability, ESIT will develop an IFSP. PAVE provides a Next Steps Checklist: When Your Child is Found Eligible for Early Intervention Services (EIS). 
  • Early intervention services (EIS) are designed to meet the child’s individual needs, including various therapies and support services. Services are typically provided in the child’s home or other natural environments. 
  • Various dispute resolution options are available, including mediation and due process. Parents can contact their ESIT Family Resource Coordinator (FRC) if they have concerns or disagreements. 
  • Most early intervention services are provided at no cost to families. Some services may be billed to insurance with family consent, but certain services are always free under IDEA. 
  • Active-duty servicemembers whose dependents receive EIS must enroll in the Exceptional Family Member Program (EFMP) for their branch, or the Coast Guard’s Special Needs Program (SNP).  

Introduction 

New parents may struggle to know whether their child’s growth and development are on track. They may have a feeling that a milestone is missed, or they may observe siblings or other children learning and developing differently. Sometimes a parent just needs reassurance. Other times, a child has a developmental delay or a disability. In those cases, early interventions can be critical to a child’s lifelong learning. 

Seek guidance from a Family Resource Coordinator (FRC) 

Washington families concerned about a young child’s development can call the Family Health Hotline at 1-800-322-2588 (TTY 1.800.833.6384) to connect with a Family Resource Coordinator (FRC). Support is provided in English, Spanish and other languages. Families can access developmental screening online for free at HelpMeGrow Washington. 

Several state agencies collaborated to publish Early Learning and Development Guidelines. The booklet includes information about what children can do and learn at different stages of development, focused on birth through third grade. Families can purchase a hard copy of the guidelines from the State Department of Enterprise Services. A free downloadable version is available in English, Spanish, and Somali from DCYF’s Publication Library. Search by title: Washington State Early Learning and Development Guidelines, or publication number: EL_0015. 

Washington early intervention services are provided by ESIT 

In Washington, the Department of Children, Youth and Families (DCYF) administers services for eligible children from birth to age 3 through Early Support for Infants and Toddlers (ESIT). Families can contact ESIT directly, or they can reach out to their local school district to request an evaluation to determine eligibility and consider what support a child might need. The ESIT website includes videos to guide family caregivers and a collection of Parent Rights and Leadership resources, with multiple language options. 

Early intervention services (EIS) are provided in the child’s “natural environment,” which includes home and community settings where children would be participating if they did not have a disability. According to ESIT, “Early intervention services are designed to enable children birth to 3 with developmental delays or disabilities to be active and successful during the early childhood years and in the future in a variety of settings—in their homes, in childcare, in preschool or school programs, and in their communities.” 

Early services are delivered through an IFSP 

Children who qualify receive services through an Individualized Family Service Plan (IFSP). The right to an IFSP is protected by Part C of the Individuals with Disabilities Education Act (IDEA). The IDEA is a federal grant program that provides funding for states to implement early learning and special education programs. Part B of the IDEA protects an eligible school-age student’s right to an Individualized Education Program (IEP). Part A includes general guidance about the educational rights of children 0-22. 

Family caregivers, childcare professionals, teachers, or anyone else can refer a child for an early learning evaluation if there is reason to suspect that a disability or developmental delay may be impacting the child’s growth and progress. The school district’s duty to seek out, evaluate and potentially serve infants, toddlers or school-aged students with known or suspected disabilities is guaranteed through the IDEA’s Child Find Mandate. 

First Step: Evaluate to determine eligibility 

Early intervention is intended for infants and toddlers who have a developmental delay or disability. Eligibility is determined by evaluating the child (with parental consent) to see if the little one does, in fact, have a delay in development or a disability. Eligible children can receive early intervention services from birth to the third birthday. PAVE provides an article that describes What Happens During an Early Intervention Evaluation, and a checklist for When Your Child is Found Eligible for Early Intervention Services (EIS). 

Next Step: Develop a service plan 

If an infant or toddler is eligible, early intervention services are designed to meet the child’s individual needs. Options might include, but are not limited to:   

  • Assistive technology (devices a child might need) 
  • Audiology or hearing services 
  • Speech and language services 
  • Counseling and training for a family 
  • Medical services 
  • Nursing services 
  • Nutrition services 
  • Occupational therapy 
  • Physical therapy 
  • Psychological services 

Services are typically provided in the child’s home or other natural environment, such as daycare. They also can be offered in a medical hospital, a clinic, a school, or another community space.  

Individualized Family Service Plan (IFSP): What is the plan? 

The IFSP is a whole family plan, with the child’s primary caregivers as major contributors to its development and implementation. Parents/custodial caregivers must provide written consent for services to begin. In Washington, Family Resource Coordinators (FRCs) help write the IFSP. Team members may include medical professionals, therapists, child development specialists, social workers, and others with knowledge of the child and recommendations to contribute.  

The IFSP includes goals, and progress is monitored to determine whether the plan is supporting appropriate outcomes. The plan is reviewed every six months and is updated at least once a year but can be reviewed at any time by request of parents or other team members. The IFSP includes: 

  • The child’s current developmental levels and needs in physical, cognitive, communication, social/emotional, and adaptive areas 
  • Family information: resources, priorities, and concerns of parents/caregivers. 
  • Major results/outcomes expected from the child and family 
  • Specific services: 
  • Where services are provided—any services provided outside the child’s “natural environment” of home/daycare/community require a statement explaining the rationale for the placement 
  • When the child receives services—the number of days or sessions for each service, and how long each session will last 
  • Who pays for the services 
  • Name and contact information for the Family Resource coordinator (FRC) responsible for IFSP implementation 
  • Steps to begin at age 2.5 to support the child’s transition out of early intervention and perhaps into school-based services. 
  • If relevant, additional services or information for the family—such as financial guidance or parenting support 

PAVE provides a downloadable checklist to help parents familiarize themselves with the IFSP.  

Dispute resolution options are available 

If parents have a concern or disagree with any part of the early intervention process, they can contact their Family Resource Coordinator (FRC). If issues remain unresolved, families may choose from a range of dispute resolution options that include mediation, due process, and more. ESIT provides access to a downloadable parent rights brochure with information about dispute resolution options in multiple languages. 

Most services are free to families 

Washington State provides most early intervention services at no cost to families of eligible children. Some services covered by insurance are billed to a child’s health insurance provider, with the signed consent of a family caregiver. The early intervention system may not use health care insurance (private or public) without express, written consent. 

Part C of the IDEA requires states to provide the following services at no cost to families: Child Find (outreach and evaluation), assessments, IFSP development and review, and service coordination. 

Early intervention services for military families 

Military-connected infants and toddlers receiving early intervention services must be enrolled in the Exceptional Family Member Program (EFMP) while their servicemember is on active-duty orders. The Exceptional Family Member Program (EFMP) is a mandatory program for all branches of the U.S. Armed Forces that helps military dependents with special medical or educational needs. The Army, Navy, Air Force, Marine Corps, and Space Force each have an EFMP and the Coast Guard, which operates under the authority of the Department of Homeland Security, has a similar program called the Special Needs Program (SNP). 

The Early Childhood Technical Assistance Center (ECTA), funded by the U.S. Department of Education’s Office of Special Education (OSEP), builds state and local capacity to improve outcomes for young children with disabilities and their families. Military-connected families and others relocating or living outside of Washington State can contact the early intervention services program in their new state with the help of ECTA’s Early Childhood Contacts by State directory. 

Military families moving from or to installations that have Department of Defense Education Activity (DoDEA) schools will receive their early intervention services from Educational and Developmental Intervention Services (EDIS). Referrals may come to EDIS from any military medical provider or the parents. Upon receipt of a referral to EDIS, an initial service coordinator is assigned to contact and assist the Family. The initial service coordinator gathers information to understand the family’s concern, shares information about early intervention, and makes arrangements to proceed with the process. In EDIS, any member of the early intervention team can serve as an initial service coordinator. EDIS is provided in locations where DoDEA is responsible for educational services, including some installations on the eastern side of the United States.  

Learn More 

PAVE provides downloadable toolkits specifically designed for parents and families of young children: 

  • From Birth to Three Toolkit: This toolkit provides places to begin if caregivers suspect that a baby or young child may need services due to a developmental delay or disability. 
  • Transition Toolkit for Ages 3-5: This toolkit encompasses a collection of our informative articles, complemented by sample letters to provide you with a solid foundation as you navigate through this crucial transition period. 

For additional information: 

  • The Learn the Signs. Act Early. website provides tools for tracking milestones and materials for families to learn more and plan home-based activities that promote skill development. “Early intervention services can change a child’s developmental path and improve outcomes for children, families, and communities,” the CDC encourages. “Help your child, help your family! Families benefit from early intervention by being able to better meet their children’s needs from an early age and throughout their lives.” 
  • Check the PAVE calendar for trainings and events, including the Starting Strong webinar about how IDEA supports the rights of infants and toddlers with developmental delays or disabilities and their families. 

Help for Military Families: Tips to Navigate Special Education Process in Washington State

Posted on by Nicol Walsh

For families new to Washington State, this article includes state-specific information about special education systems. PAVE wants to extend a warm welcome to your entire family and to let you know that we are ready to support you. If your family has moved here to fulfill a military role, we thank you for your service! 

The language of special education, school and support systems differ between States. Following is some basic information to help you navigate Washington systems.  

Brief overview 

  • The article provides state-specific information about special education and medical systems in Washington State. 
  • Children in Washington must begin attending school by age 8 and continue until age 18, with some special exceptions. Washington offers multiple pathways to graduation and requires a High School and Beyond Plan for all students. 
  • The Department of Children, Youth and Families (DCYF) administers the state early intervention services (EIS) program, called Early Services for Infants and Toddlers (ESIT) for infants and toddlers with disabilities or delays. 
  • Washington school districts must respond to special education evaluation requests within 25 school days and complete evaluations within 35 school days. IEPs must be implemented within 30 days of eligibility determination, with transition plans required by age 16. 
  • Welcome to Washington! 

State Education System 

The State Education Agency (SEA) is the Office of Superintendent of Public Instruction (OSPI). Local Education Agencies (LEAs) are organized as 295 Districts that operate independently and include a school board governance structure. School boards are responsible to follow the Open Public Meetings Act. There are nine Educational Service Districts (ESDs) that partner with OSPI to provide services for school districts and communities and to help OSPI implement legislatively-supported education initiatives. 

Charter schools, as public schools, have the same responsibilities as all public and non-public entities when serving students with disabilities. This includes developing and implementing Individualized Education Programs (IEPs) or Section 504 Plans for eligible students.  

Washington has adopted the Interstate Compact on Educational Opportunity for Military Children (commonly known as “MIC3”), which addresses certain school transition issues for military children consistently, from State to State. Each Member State has a MIC3 State Commissioner to oversee compliance and coordinate with other commissioners as needed. Parents of military-connected children may contact their School Liaison or MIC3 State Commissioner directly for support with Compact-related issues. PAVE has prepared a MIC3 Step-by-Step Checklist to Resolve Issues with the Interstate Compact. 

Washington’s compulsory attendance law requires that children begin attending school full-time at the age of 8 and continue attending regularly until the age of 18 (RCW 28A.225.010). A child must have turned 5 years old by August 31 to enroll in kindergarten, and 6 years old to enroll in first grade. Military-connected children who are covered by the provisions of MIC3 may continue kindergarten or first grade, despite the school’s age requirement, if they were already enrolled and attending at the sending school in their previous state. This PAVE article explains how MIC3 supports children in military families with enrollment-related issues. 

Washington has multiple Pathways to Graduation and requires a High School and Beyond Plan (a career and college exploration experience that students begin in seventh grade) for all students. Under MIC3, schools must place military children in courses and programs based on placement and assessments performed by the sending school. Schools and districts may waive course requirements for placement and/or graduation of military-connected children, if a child has met the sending school’s requirements for grade advancement, placement, or graduation. Learn more about how MIC3 protects academic progress toward graduation in this PAVE article. 

Early Learning Programs (ages 0-5) 

Families concerned about a child’s development can call the Family Health Hotline at 1-800-322-2588, with support in multiple languages, or complete a free developmental screening online at ParentHelp123. The Department of Children, Youth and Families (DCYF) administers the state early intervention services (EIS) program, called Early Services for Infants and Toddlers (ESIT). After evaluating a child for eligibility and developing a family-focused plan, ESIT provides services to help infants and toddlers with disabilities or delays to learn and catch up in their development. Planning for the child’s transition out of ESIT by their third birthday includes coordination with the local school district to evaluate the child for school-aged services and supports. PAVE’s toolkit for family caregivers of infants and toddlers, From Birth to Three, outlines the educational rights of children and families in early intervention services. 

The Early Childhood Education and Assistance Program (ECEAP) is Washington’s no-cost prekindergarten program, aimed at preparing 3- and 4-year-old children from families facing more significant challenges for success in school and life. Families with children aged 3 or 4 by August 31st may be eligible for ECEAP. Children are eligible for ECEAP and Head Start based on their age and family income. Up to 10 percent of ECEAP and Head Start children can be from families above the income limit if they have certain developmental factors or environmental factors such as homelessness, family violence, chemical dependency, foster care, or incarcerated parents. PAVE’s 3-5 Transition Toolkit includes more information and resources to support families of children with disabilities in this age range. 

Special Education Information (School age) 

Every student with a disability is protected from discrimination under Section 504 of the Rehabilitation Act of 1973, including each student with a 504 Plan and each student with an Individualized Education Program (IEP). OSPI provides fact sheets about Section 504 in multiple languages that describe the evaluation process and state requirements. Parents may contact the Section 504/Civil Rights compliance officer assigned to their student’s school district. 

Washington Administrative Code (WAC), implements the provisions of the Individuals with Disabilities Education Act (IDEA) in WAC Chapter 392-172A. Parents’ rights and responsibilities in special education, known as procedural safeguards, are described in a short handbook available for download in multiple languages on OSPI’s website. 

A child’s right to a timely evaluation and the school district’s responsibility to seek out and serve students with disabilities, referred to as Child Find, is described on OSPI’s website. A school district has 25 school days to respond to a referral/request for special education evaluation. Once a parent/caregiver signs consent to evaluate, the district has 35 school days to complete the evaluation. A parent can request an evaluation any time there are concerns about whether services match the student’s present levels of performance and support needs. PTI provides a sample letter for requesting evaluation. 

Areas of evaluation are associated with 14 eligibility categories. Developmental Delay is a category for children ages 0-9 years old. The category of Emotional/Behavior Disability is unique to Washington – it is known as Emotional Disturbance under IDEA. Washington law requires that schools screen children in kindergarten through second grade for signs of dyslexia and to provide reading support for those who need it. 

School districts must write and implement an IEP within 30 calendar days after eligibility is determined. Decisions about the provision of special education services are made by an IEP team, which includes parents and specific required staff members (WAC 392-172A-03095). 

For a student with an IEP, there must be a transition plan in place by the beginning of the year in which they turn 16 years of age, unless the IEP deems it appropriate to begin earlier. Students “age out” of special education when they graduate from high school with a diploma or at the end of the school year in which they turn 21 years of age. If the student’s birthday is after August 31 of the current school year, they may continue special education until the end of that school year.  

In 2019, the Washington State Legislature provided students with multiple pathways to graduation by passing House Bill (HB) 1599. PAVE provides an on-demand webinar on this topic: Life After High School: A Two-Part Training to Help Families and Young People Get Ready. 

OSPI offers both informal and formal dispute resolution processes. IEP facilitation is available at no cost through Sound Options Group as a voluntary and informal process where a neutral facilitator helps parents and schools resolve special education concerns collaboratively. Washington State Governor’s Office of the Education Ombuds (OEO) acts as a neutral guide to help parents and schools resolve disagreements about special education services, without providing legal advice or advocacy. OSPI provides three formal special education dispute resolution processes: mediation, special education community complaint, and due process hearing. 

Medical Supports and Services 

Washington’s Medicaid, which includes the Children’s Health Insurance Program (CHiP), is called Apple Health. Applications are managed through the Health Care Authority (HCA), which oversees various Managed Care Organizations (MCOs) to provide health plan options. Open enrollment for Medicaid and Medicare starts on November 1st, 2024 and ends on January 15th, 2025. This is the annual opportunity to sign up, renew, or change coverage to best suit your family’s situation. Washington Health Plan Finder has step-by-step instructions for applying and navigators to help with the application process. Help is available for those who are having trouble navigating the health insurance landscape.  

Eligible dependents of military families can benefit from both TRICARE and Medicaid. When a military family member is dually enrolled in TRICARE and Medicaid, TRICARE is the primary payee and Medicaid covers remaining costs. When a service member leaves the military and TRICARE benefits change, Medicaid can provide services similar to those of TRICARE Extended Care Health Option (ECHO).  

Welcome to Washington! 

We hope you might enjoy the delicious apples in our state—and save one for the teacher! 

Additional Resources: 

  • STOMP (Specialized Training of Military Parents) workshops and webinars offer military families the opportunity to access valuable information and resources while fostering connections and knowledge-sharing to create a collaborative environment that strengthens partnerships between families and professionals. STOMP events are free to military-connected families from all branches of services, including all service statuses and all installations worldwide. 

Procedural Safeguards: Student and Parent Rights in Special Education

Posted on by Nicol Walsh

A Brief Overview:

  • Procedural safeguards are a legal requirement for schools and must be provided to parents once a year and during specific situations (e.g., initial referral, filing a complaint, change in placement due to disciplinary action).
  • The Office of Superintendent of Public Instruction (OSPI) issued a statewide procedural safeguards notice, available for download in multiple languages, that outlines parental rights in special education.
  • The Individuals with Disabilities Education Act (IDEA) requires that each state education agency provide ways to solve disagreements between parents and schools regarding a student’s special education.  Procedural safeguards provide information on the formal and informal dispute resolution options available in Washington state.
  • Specific protections are in place when disciplining students with disabilities, including requirements for conducting manifestation determinations and continuing education services during extended removals.
  • Section 504 includes its own procedural safeguards to protect the rights of students with disabilities who are not eligible for special education under IDEA. The Section 504 Notice of Parent Rights is available for download in multiple languages from OSPI.

Full Article

The Procedural Safeguards are a written set of legal protections under the Individuals with Disabilities Education Act (IDEA) designed to ensure that students with special needs receive appropriate education. IDEA, implemented under Washington State law, requires schools to provide the parents/guardians of a student who is eligible for or referred for special education with a notice containing a full explanation of the rights available to them (WAC 392-172A-05015). Understanding these safeguards allows for effective advocacy in a child’s education and ensures their rights are protected throughout the special education process. They do not constitute legal representation or legal advice.

A copy of the procedural safeguards notice is downloadable in multiple languages from the Office of Superintendent of Public Instruction (OSPI). School districts must provide this notice once a year and during key times such as:

In addition to detailing when the procedural safeguards notice must be provided, the procedural safeguards contain information about several key areas, including:

Prior Written Notice

Schools must give prior written notice (PWN) before making any significant decisions about a student’s education, such as changes in identification, evaluation, or placement. This notice must include a detailed explanation of the decision and the reasons behind it. This document is shared after a decision is made and prior to changes in a student’s educational program.

Parental Consent

Schools must get written parental consent (permission) before conducting an initial evaluation or providing special education services for the first time. Parents can withdraw their consent at any time, but this doesn’t undo actions already taken. Once consent is given, the school has 35 school days to complete the evaluation. This consent is only for the evaluation, not for starting services. If the child is a ward of the state, consent might not be needed under certain conditions. When starting special education services under the initial IEP, the school must get consent again, and if refused, they can’t force it through mediation or legal action. Consent is also needed for reevaluations involving new tests, and schools must document their attempts to get it. However, consent isn’t needed to review existing data or give standard tests that all students take.

Independent Educational Evaluation

If a parent disagrees with the school’s evaluation of their child, they can ask for an independent educational evaluation (IEE) that the school district will pay for. The district must give the parent information on where to get an IEE and the rules it must follow. If the district does not agree to the IEE, they have 15 calendar days to either start a file a due process hearing request or agree to pay for the IEE. PAVE provides a downloadable sample Letter to Request an Independent Educational Evaluation.

Confidentiality of Information

Student educational records are confidential. IDEA provides parents and guardians the right to inspect and review their student’s educational records and request amendments if they believe they are inaccurate or misleading. When the child turns 18 years of age, these rights pass from the parent or guardian to the student. The Department of Education provides a website page called Protecting Student Privacy to share resources and technical assistance on topics related to the Family Educational Rights and Privacy Act (FERPA). The procedural safeguards explain terms about educational records from IDEA and FERPA to help parents understand their rights and protections.

Dispute Resolution

IDEA requires that each state education agency provide ways to solve disagreements between parents and schools regarding a student’s Individualized Education Program (IEP). In Washington State, there are both informal and formal options. When parents and school districts are unable to work through disagreements, the procedural safeguards outline the dispute resolution processes available. These options ensure that parents and schools can work towards a mutually agreeable solution while protecting the child’s right to a Free Appropriate Public Education (FAPE).  The formal dispute resolution options available through OSPI are mediation, due process hearings, and state complaints.

Disciplinary Protections

When disciplining students eligible for special education, schools must follow specific rules to ensure fair treatment. If a student is removed for more than 10 consecutive school days or shows a pattern of removals totaling over 10 days in a school year, it’s considered a change of placement, and parents must be notified. After 10 days, the school must provide services to help the student continue their education. A manifestation determination must be conducted within 10 days to see if the behavior was related to the student’s disability. If it was, the IEP team must address the behavior and return the student to their original placement unless agreed otherwise. If not, the student can be disciplined like other students but must still receive educational services.

Also, schools must keep providing educational services to students with disabilities even if they are removed from their current school setting for disciplinary reasons. This helps the student keep making progress in their education. Parents and guardians have the right to join meetings about their child’s disciplinary actions and can ask for a due process hearing if they disagree with decisions. These safeguards ensure students with disabilities receive necessary support and fair treatment during disciplinary actions.

In special cases, such as carrying a weapon or using drugs at school, the student can be placed in an alternative setting for up to 45 days regardless of whether the behavior was related to the student’s disability.

Protections for Students Not Yet Eligible for Special Education

The procedural safeguards outline protections for students who have not yet been found eligible for special education but for whom the school should have known needed services. A school is considered to have this knowledge if a parent previously expressed concerns in writing, requested an evaluation, or if staff raised concerns about the student’s behavior to supervisory personnel. However, if the parent refused an evaluation or the child was evaluated and found ineligible, the school is not considered to have knowledge. In these cases, the student may be disciplined like other students, but if an evaluation is requested during this period, it must be expedited. If the student is found eligible, special education services must be provided.

Requirements for Placement in Private Schools

If parents believe the public school cannot provide FAPE and choose to place their child in a private school, there are steps to request reimbursement from the district. If the child previously received special education services, a court or administrative law judge (ALJ) may require the district to reimburse the cost of private school enrollment if it is determined that the district did not timely provide FAPE and that the private placement is appropriate, even if it does not meet state educational standards.

Reimbursement may be reduced or denied if the parent did not inform the IEP team of their rejection of the proposed placement during the most recent IEP meeting, failed to provide written notice to the district at least 10 business days before the removal, or did not make the child available for a district evaluation after prior written notice. However, reimbursement cannot be denied if the district prevented the notice or if the parent was unaware of their responsibility to provide it. The court or ALJ may also choose not to reduce reimbursement if the parents are not able to read or write in English, or if reducing or denying the reimbursement would cause serious emotional harm to the child.

This PAVE article, Navigating Special Education in Private School, explains the rights of students to receive equitable services in private schools, regardless of whether they are placed there by their parents or through an Individualized Education Program (IEP) decision.

Procedural Safeguards under Section 504

The procedural safeguards under Section 504 ensure that parents are informed of their rights before any evaluation or development of a 504 plan begins. These safeguards include the right to request a referral for evaluation, the formation of a 504 team to assess the student’s needs, and the requirement for parental consent before any evaluation or implementation of the plan. Parents must be provided with a copy of their rights at key points in the process. Additionally, the school must review and evaluate the 504 plan annually and re-evaluate the student’s eligibility at least every three years. Parents also have the right to file formal complaints if they believe the school is not following the 504 plan or if their child is experiencing discrimination or harassment. The Section 504 Notice of Parent Rights is available for download in multiple languages from OSPI.

Conclusion

Procedural safeguards are a requirement under the Individuals with Disabilities Education Act (IDEA) that ensure the rights of students with disabilities and their parents are protected throughout the special education process. By outlining the legal protections available, these safeguards empower parents to actively participate in their child’s educational planning and decision-making. Understanding these rights—from prior written notice and parental consent to confidentiality and dispute resolution—allows families to advocate effectively and collaborate with schools. Through adherence to these safeguards, schools and parents can work together to provide a Free Appropriate Public Education (FAPE) tailored to the unique needs of each child.

Additional Resources:

  • OSPI’s Special Education webpage includes information about data collection, dispute resolution, funding information, guidance for families, legal procedures, program improvement initiatives, resource libraries, and support for secondary transition services.
  • Special Education Parent & Community Liaison provides non-legal support by phone (360-725-6075) or through an online message portal, Ask OSPI web page.
  • PAVE provides direct support to parents and guardians, youth with disabilities, adult self-advocates, and professionals. Complete the Get Help request form to be connected with individualized information, resources, and training.

IDEA: The Foundation of Special Education

Posted on by Nicol Walsh
Download this information as a 1 pager – What is the Big I.D.E.A?

A Brief Overview

  • The Individuals with Disabilities Education Act (IDEA) is a federal law that entitles children to special education services if disability significantly impacts access to education and a specially designed program is needed.
  • IDEA has been federal law since 1990, and key concepts are from the Education for All Handicapped Children Act, passed in 1975. PAVE provides an article and infographic about disability rights history.
  • A primary principle of the IDEA is the right to FAPE (Free Appropriate Public Education) for students eligible for special education services. FAPE rights are also protected by civil rights laws, including Section 504 of the Rehabilitation Act of 1973.
  • IDEA consists of four parts that ensure that individuals with disabilities receive support and education throughout their lives, from early childhood through adulthood.
  • To qualify for an IEP, a student meets criteria in one of the 14 eligibility categories (WAC 392-172A-01035), the disability must have a negative impact on their learning, and the student must require specially designed instruction (SDI) to benefit from the general education curriculum.

Full Article

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

Eligible children ages 3-21 who receive services at school have a right to FAPE: Free Appropriate Public Education. In accordance with the IDEA, FAPE is provided when individualized services enable a student with a disability to make progress that is appropriate, in light of their circumstances.

Services are delivered through an Individualized Education Program (IEP). A non-discriminatory evaluation and family participation on an IEP team are aspects of FAPE. Families have dispute resolution options that are described in the Procedural Safeguards.

IDEA requires FAPE to be provided in the Least Restrictive Environment to the maximum extent possible, which creates a responsibility for schools to serve students in the general education environment, with appropriately inclusive access to grade-level learning, whenever possible. Access to general education might be provided through an adapted curriculum, additional adult support, assistive technology, or something else. PAVE provides more information about Washington State’s work to improve inclusive practices.

Many of these concepts were part of IDEA’s predecessor law, the Education for All Handicapped Children Act, passed in 1975. That was the first United States law that required schools to provide special education services to all children with eligible disabilities. PAVE provides an article and infographic about disability rights history. The IDEA’s primary features are further detailed later in this article.

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

FAPE is an important acronym to learn!

Families often ask: What does the school have to provide? The answer to that question is FAPE. The school district is responsible to make sure a student with an eligible disability condition is receiving FAPE.

As part of their right to FAPE, a student eligible for an IEP has the right to an individualized services program that ensures their education is appropriate, equitable, and accessible. All of those terms are part of FAPE. Figuring out how to provide FAPE is the work of an IEP team, and part of FAPE is ensuring that family is part of the decision-making team.

FAPE must ensure that the student finds meaningful success, in light of their circumstances. Trivial progress on IEP goals or the same goals year after year does not meet the federal standard for FAPE. A lawsuit referred to as Endrew F was settled by the 2017 U.S. Supreme Court and included specific requirements for meaningful progress and parent participation.

If a neighborhood school cannot provide the services and programming to guarantee FAPE within the general education classroom, then the school district is responsible to work through the IEP process to design an individualized program and placement that does meet the student’s needs. Keep in mind that Special Education is a Service, Not a Place: see PAVE’s article with that statement as its title.

IDEA considers the whole life of a person with a disability

IDEA includes Parts A, B and C. The right of a child with disabilities to receive an education that prepares that child for adult life is stated in Part A: ​

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

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

Part B of the IDEA covers children ages 3 through 21—or until graduation from high school. Students who receive services through an Individualized Education Program (IEP) are covered under Part B.

Part C protects infants and toddlers, aged 0 (birth) to 3 years old, who need family support for early learning. ​The disability category of developmental delay overlaps early learning and IEP and can qualify a child for free, family-focused services to age 3 and school-based services through age 9. PAVE provides downloadable toolkits specifically designed for parents and families of young children:

  • From Birth to Three Toolkit: This toolkit provides places to begin if caregivers suspect that a baby or young child may need services due to a developmental delay or disability.
  • Transition Toolkit for Ages 3-5: This toolkit encompasses a collection of our informative articles, complemented by sample letters to provide you with a solid foundation as you navigate through this crucial transition period.

Part D outlines grants and funding for programs that help students with disabilities get a better education, including:

  • Teacher training programs to train teachers and school staff in Washington State on the best ways to teach students with disabilities.
  • Office of the Superintendent of Public Instruction (OSPI)’s Multi-Tiered System of Supports (MTSS) – a system that helps train school staff on how to support students’ academic, social, emotional, and behavioral needs.
  • Parent Training and Information Centers help students with disabilities and their families understand their rights, navigate the special education process, and get involved in their children’s education. PAVE provides Parent Training and Information (PTI) to family caregivers, youth, and professionals in Washington state with questions about services for children and young people with disabilities, aged 0-26. In addition, Community Parent Resource Centers (CPRCs) serve the same function as PTIs but are typically smaller and located in underserved communities, often addressing the needs of families from culturally or linguistically diverse backgrounds. CPRC, Open Doors for Multicultural Families serves multicultural families in South King County.
  • Educational technology funds can be used to buy or create technology that helps children with disabilities learn, so they have the same opportunities as other students.
  • Transition services help students with disabilities move from high school to adult life, like getting a job, going to college, or living independently.
  • Washington’s Early Support for Infants and Toddlers (ESIT), can use Part D funds to help research and expand services for young children with disabilities to get them ready for school.
IDEA: A, B, C, and D

Click to print the explanation of IDEA

Eligibility for school-based services

To qualify for an IEP, a student meets criteria in one of the 14 eligibility categories defined in WAC 392-172A-01035. The disability must have a negative impact on learning. Not every student who has a disability and receives an evaluation will qualify for an IEP. Following procedures described by the IDEA, school districts evaluate students to consider 3 key questions:

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

When each answer is yes, a student qualifies for services. In each area of identified need, Specially Designed Instruction (SDI) is recommended to help the student overcome the impact of the disability to access FAPE. Progress in that area of learning is tracked through goal-setting and progress monitoring.

Additional Information

PAVE provides training on a variety of topics, including live and on-demand, in person and online. Register for an upcoming training on the PAVE calendar.

When Parents and Schools Disagree: Navigating Special Education Disputes

Posted on by Nicol Walsh

A Brief Overview:

  • If parents win a due process hearing or civil lawsuit, the school district might have to pay their attorneys’ fees. Conversely, if the complaint is deemed frivolous, parents might have to pay the school district’s fees.
  • Protections are in place for children not yet identified as needing special education if disciplinary actions are taken.
  • Every school district has a process for filing complaints related to harassment, intimidation, and bullying (HIB).
  • Complaints about discrimination involving students with disabilities can be filed with OSPI or the U.S. Department of Education’s Office for Civil Rights (OCR). OCR will not handle cases already being addressed by another agency or school process unless the process is completed and the complaint is filed within 60 days.

Full Article

The Individuals with Disabilities Education Act (IDEA) requires that each state education agency provide ways to solve disagreements between parents and schools regarding a student’s Individualized Education Program (IEP). These options ensure that parents and schools can work towards a mutually agreeable solution while protecting the child’s right to a Free Appropriate Public Education (FAPE). The Office of Superintendent of Public Instruction (OSPI) offers both informal and formal dispute resolution processes.

These dispute resolution options provide structured processes for addressing and resolving disagreements, ensuring that the rights of students with special needs are upheld and that they receive the education and services to which they are entitled.

Informal Dispute Resolution

IEP facilitation is a voluntary and informal process where parents and school districts can address their special education concerns with the assistance of a trained, neutral facilitator. This process allows both parties to resolve issues collaboratively without the formality of mediation, and it is provided at no cost. OSPI contracts with Sound Options Group to offer free facilitation services from facilitators skilled in conflict resolution to help clarify disputes, set agendas, and work towards mutually agreeable solutions. Participation in facilitation is entirely optional for both families and districts.

The IEP facilitation process starts when either a family or a school district contacts the Sound Options Group to request help. A parent can request facilitation by contacting Sound Options Group directly by phone at 800-692-2540 or 206-842-2298 (Seattle) to request a mediation session. For Washington State relay service, dial 800-833-6388 (TDD) or 800-833-6384 (voice). Sound Options Group gathers initial information about the student and the needs of both parties, confirming that both the family and district agree to proceed with a facilitated IEP meeting. Once the IEP team sets a date for the 3–4-hour meeting, the facilitator is assigned. The facilitator helps everyone prepare by sharing documents, setting a mutually agreeable agenda, confirming the meeting details, and preparing both parties for the meeting. After the facilitated IEP meeting, a case worker from Sound Options Group and the facilitator review the session and decide if another meeting is needed. A successful facilitated IEP meeting will result in the development of an IEP that is tailored to meet the unique needs of the student.

Another option for informal dispute resolution is Washington State Governor’s Office of the Education Ombuds (OEO), which helps parents and schools resolve disagreements about special education services. Acting as a neutral and independent guide, the OEO helps parents and educators understand special education regulations, facilitates problem-solving, and advises on communication strategies to support a team approach to a student’s education. The OEO does not provide legal advice, act as an attorney, conduct investigations, or advocate for any party. OEO can be contacted through their online intake form or by phone (1-866-297-2597) with language interpretation available.

Formal Dispute Resolution

When informal methods are unsuccessful, families and schools can turn to formal dispute resolution processes outlined in the procedural safeguards  and available through the special education system. A copy of the procedural safeguards notice for Washington is downloadable in multiple languages from the Office of Superintendent of Public Instruction (OSPI).

In Washington state, the formal dispute resolution options are:

1. Mediation

Mediation is a voluntary process provided at no cost to parents and schools. It is designed to resolve disputes related to the identification, evaluation, educational placement, and provision of FAPE. Both parties must agree to participate in mediation. Mediators are trained, impartial individuals knowledgeable about special education laws. OSPI contracts with Sound Options Group to provide trained, neutral mediators to facilitate effective communication and problem-solving between parents and school districts. This brochure, Mediation in Special Education, outlines the services provided by Sound Options Group. Discussions during mediation are confidential and cannot be used in due process hearings or civil proceedings. If an agreement is reached, it must be documented in writing and is legally binding. Parents can contact Sound Options Group directly to request mediation.

2. Special Education Complaint

Any individual or organization can file a special education complaint if they believe a school district or public agency has violated Part B of the Individuals with Disabilities Education Act (IDEA). Complaints must be filed within one year of the alleged violation. OSPI investigates the complaint, gathering information from both the parent or guardian and the school district. OSPI then issues a written decision addressing the complaint and any corrective actions required within 60 days of receiving the complaint. PAVE has developed this training video, Procedural Safeguards: How to File a Special Education Complaint, that walks through OSPI’s community complaint form with a pretend scenario.

3. Due Process Hearing

A due process hearing is a formal meeting to resolve disputes about a child’s identification, evaluation, placement, or FAPE. Either parents or the school district can request this hearing, but they must do so within two years of the issue, unless there was misrepresentation or withheld information. The request for a due process hearing must be in writing, signed, and include:

  • the name, address, and contact information of the student (even if homeless)
  • the name of the student’s school
  • the school district responsible for the IEP
  • a description of the issue, the facts, and related events
  • your proposed resolution

The original request must be provided to the other party – the parent or guardian must send it to the superintendent of the student’s school district, and the school district must provide the original to the parent or the guardian of the student. In addition, a copy of the request must be sent to the Office of Administrative Hearings by mail (PO Box 42489, Olympia, WA 98504-2489), fax (206-587-5135), or email (oah.ospi@oah.wa.gov). The party asking for a due process hearing must have proof that they gave their request to the other party.

Before the hearing, the school district must meet with the parents and relevant IEP team members within 15 days to try to resolve the issue at a resolution session. OSPI provides a direct to download form, Information and Forms on Resolution Sessions. During the hearing, both sides present evidence and witnesses. Parents have the right to bring a lawyer, present evidence, and question witnesses. An administrative law judge (ALJ) makes a decision, which can be appealed in state or federal court. The decision is final unless it is appealed and the decision is overturned. If an agreement is reached before the hearing, it must be written down in a settlement agreement.

For disputes about disciplinary actions that change a student’s placement, expedited due process hearings are available. These hearings happen faster than regular ones to resolve urgent issues quickly.

Dispute Resolution Outside of Special Education

If parents disagree with the decision made in a due process hearing, they have the right to file a civil lawsuit in state or federal court. This must be done within a specific time period, often 90 days, after the due process hearing decision. The court will review the administrative record, hear additional evidence if necessary, and make a ruling (decision) in the case. The civil lawsuit is not a part of the special education dispute resolution process and there are additional costs associated. Please note that PAVE is not a legal services agency and cannot provide legal advice or representation. Washington State Office of Administrative Hearings has compiled this Legal Assistance List for Special Education Due Process Disputes.

If parents win a due process hearing or lawsuit, the school district might have to pay their attorneys’ fees. But if the court decides the complaint was frivolous or filed for the wrong reasons, parents might have to pay the school district’s attorneys’ fees.

Additional Considerations

If a child hasn’t been identified as needing special education but parents think they should be, there are protections if the child faces disciplinary actions. If the school knew the child might need special education services before the behavior happened, they must follow special education disciplinary procedures.

Every school district has a process for filing a formal complaint related to harassment, intimidation and bullying (HIB). PAVE has compiled information and resources to address bullying in this article, Bullying at School: Resources and the Rights of Students with Special Needs.

Complaint Processes Related to Discrimination

OSPI’s Complaints and Concerns About Discrimination page states, “Each student must have equal access to public education without discrimination.” This page contains Discrimination Dispute Resolution Information Sheets that contain definitions of key terms, information about the role of district Civil Rights Compliance Coordinators, and instructions and requirements for filing different types of complaints, available for download in different languages. Anyone can file a complaint about discrimination involving students with disabilities in a Washington public school, which is prohibited by Washington law (RCW 28A.642.010). Formal discrimination complaints must be written, and the complaint must contain:

  • a description of the incident
  • why it is allegedly discriminatory
  • proposed corrective action the district or charter school can take

The formal discrimination complaint must be hand carried, mailed, faxed, or emailed to district superintendent, administrator of the charter school, or Civil Rights Coordinator. When a school district or charter school receives a complaint, it must investigate and respond within 30 days, unless an extension is agreed upon. The civil rights coordinator provides the complaint procedure and ensures a thorough investigation. If exceptional circumstances require more time, the school must notify the complainant in writing. The school can also resolve the complaint immediately if both parties agree. After the investigation, the school must respond in writing, summarizing the results, stating whether they complied with civil rights law, explaining appeal options, and detailing any corrective measures, which must be implemented within 30 days unless otherwise agreed.

Students with disabilities in public schools are also protected against discrimination by federal laws, including Section 504 of the Rehabilitation Act of 1973 and IDEA. The U.S. Department of Education’s Office for Civil Rights (OCR) accept complaints with overlapping civil rights concerns, such as racism and disability discrimination. An OCR complaint must be filed within 180 calendar days of the alleged discrimination. If the school district’s dispute resolution process is already handling the case through a means like what OCR would provide, OCR will not take on the case. Once the school district’s process is completed, individuals have 60 days to file their complaint with OCR, which will then decide whether to accept the result from the other process. OCR provides step-by-step instructions for filing a discrimination complaint.

Some families are anxious about questioning actions taken by the school. Parents have protections under the law. The Office for Civil Rights maintains specific guidelines that prohibit retaliation against people who assert their rights through a complaint process. 

Additional Resources:

Ages 3-5 Transition Toolkit

Posted on by Nicol Walsh
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Ages 3-5 Transition Toolkit

A Guide to Washington Services for 3-5 Year Olds with Disabilities

New parents have a lot to manage. Concern about whether a child’s growth and development are on track can be confusing. This toolkit provides places to begin if caregivers suspect that a baby or young child may need services due to a developmental delay or disability.

Presenting our newest resource – the 3-5 Transition Toolkit – A guide to Washington services for 3-5 year olds with disabilities. This toolkit encompasses a collection of our informative articles, complemented by sample letters to provide you with a solid foundation as you navigate through this crucial transition period.

Download the Complete Transition Toolkit for Ages 3-5

Toolkit now available in Russian, Vietnamese and Spanish!

Download the Complete Transition Toolkit for Ages 3-5 in Russian
Download the Complete Transition Toolkit for Ages 3-5 in Spanish
Download the Complete Transition Toolkit for Ages 3-5 in Vietnamese

A user – friendly toolkit for families, Each section is detailed below:

Early Learning Articles: