Early Learning Toolkit: Overview of Services for Families of Young Children

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.

How do I know if my child is developmentally delayed?

Washington families concerned about a 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 Parent Help 123 developmental screening tool.

In addition, 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, from birth through third grade. Families can purchase a hard copy of the guidelines from the state Department of Enterprise Services. Order at: myprint.wa.gov. A free downloadable version is available in English and Spanish from the website of the Office of Superintendent of Public Instruction (OSPI): Early Learning and Development Guidelines.

The Centers for Disease Control and Prevention (CDC) manages a campaign to Learn the Signs. Act Early. The website includes tools for tracking milestones and materials for families to learn more and plan home-based activities to promote skill development.

Birth-3 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. ESIT provides information on a page called Parent Rights and Leadership, with procedural safeguards described in a brochure that can be downloaded in multiple languages.

Evaluation determines eligibility

After a referral is accepted, a team of professionals uses standardized tools and observations to evaluate a young child’s development in five areas:

·       Physical: Reaching for and grasping toys, crawling, walking, jumping

·       Cognitive: Watching activities, following simple directions, problem-solving

·       Social-emotional: Making needs known, initiating games, starting to take turns

·       Communication: Vocalizing, babbling, using two- to three-word phrases

·       Adaptive: Holding a bottle, eating with fingers, getting dressed

Services are provided through an IFSP

Children who qualify receive services through an Individualized Family Service Plan (IFSP). Early learning programs are designed to enable success in the child’s natural environment (home, daycare, etc.), which is where the child would be if disability was not a factor. PAVE provides more information: Early Intervention: How to Access Services for Children Birth to 3 in Washington.

 IDEA includes three parts

The federal law that protects children with disabilities and creates a funding source for services to meet their individualized needs is the Individuals with Disabilities Education Act (IDEA).

  1. Part A includes general guidance about the rights of children 0-21 with disabilities.
  2. Part B protects eligible students ages 3-21 with the right to school-based services delivered through an Individualized Education Program (IEP).
  3. Part C guarantees the right to early intervention services for children Birth-3 who meet eligibility criteria.

PAVE provides an overview article about the federal law and its primary features: IDEA: The Foundation of Special Education.

Child Find protects the right to evaluation

Under IDEA, school districts have the affirmative duty to seek out and evaluate children with known or suspected disabilities who live within their boundaries. That affirmative duty is protected through IDEA’s Child Find Mandate.

Child Find Mandate protects:

  • Children Birth-3 with known or suspected disability conditions that may significantly impact the way they learn and engage within their natural environment
  • Students 3-21 who may be significantly impacted in their ability to access grade-level learning at school because of a known or suspected disability condition

If these criteria are met, the school district in which the child lives has the duty to evaluate to determine eligibility for services. For more information, PAVE provides an article: Child Find: Schools Have a Legal Duty to Evaluate Children Impacted by Disability.

Information for children 3-5 or older

Children with early intervention services are evaluated to determine whether they are eligible for school-based services when they turn 3.

If a child did not receive early intervention services but disability is suspected or shown to impact learning, a family caregiver or anyone with knowledge of a child’s circumstances can request that the school district evaluate a child 3 years or older to determine eligibility for school-based services. PAVE provides information about how to make a formal written request for an educational evaluation: Sample Letter to Request Evaluation.

Preschool children have a right to be included

If eligible, students 3-21 can receive free services through an Individualized Education Program (IEP) served by the local school district. PAVE provides guidance for families new to the process: Steps to Read, Understand, and Develop an Initial IEP.

The Office of Superintendent of Public Instruction (OSPI), provides guidance specific to Early Childhood Special Education. Districts must consider how to include preschool students with non-disabled peers. General education classrooms are considered the Least Restrictive Environment, and LRE is a primary guiding principle of the IDEA.

There are 14 IEP eligibility categories

Students 3-21 may be eligible for IEP services if they meet criteria in a category defined by federal and state regulations. A PAVE article provides more detail about each of these categories and describes the evaluation process: Evaluations Part 1: Where to Start When a Student Needs Special Help at School.

Below is a list of IEP eligibility categories. The Washington Administrative Code (WAC 392-172A-01035) lists state criteria for each category.

Developmental Delay is an eligibility category for Washington students through age 9. At that point, an evaluation would need to show eligibility in one of the other 13 categories for the student to continue receiving IEP services.

Please note that a medical diagnosis is not required for a school district to determine eligibility, which is based on three criteria:

  1. a disability is present
  2. a student’s learning is significantly impacted, and
  3. services are necessary to help the child access appropriate learning.

All three prongs must be present for a student to be eligible for an IEP in one or more of these disability categories:

  • Autism
  • Emotional Disturbance (In Wash., Emotional Behavioral Disability)
  • Specific Learning Disability
  • Other Health Impairment
  • Speech/Language Impairment
  • Multiple Disabilities
  • Intellectual Disability
  • Orthopedic Impairment
  • Hearing Impairment
  • Deafness
  • Deaf blindness
  • Visual Impairment/Blindness
  • Traumatic Brain Injury
  • Developmental Delay (ages 0-9 in Wash.)

PAVE is here to help!

Parent Training and Information (PTI)is federally funded to provide assistance for family caregivers, youth, and professionals. We know educational systems use a lot of complicated words and follow regulated procedures that can feel confusing. We do our best to help school-and-family teams work together so students with disabilities can access their right to a Free Appropriate Public Education (FAPE). Learn more about PTI and click Get Help to receive individualized assistance.

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

A Brief Overview

  • Early intervention services help infants and toddlers with disabilities or delays to learn and catch up in their development. This article covers some basics about services for young children in Washington State.
  • 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 developmental screening online for free at Parent Help 123.
  • Early Learning and Development Guidelines are downloadable from the Office of Superintendent of Public Instruction. Hard copies can be purchased at myprint.wa.gov.
  • PAVE provides an article for next steps after age 3: What’s Next when Early Childhood Services End at Age 3? Another PAVE article for families new to special education: Steps to Read, Understand, and Develop an Initial IEP.
  • PAVE’s Parent Training and Information (PTI) staff help families understand and navigate service systems for children 0-26. Click Get Help at wapave.org or call 800-572-7368.

Full Article

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 Parent Help 123 developmental screening tool.

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. Order at: myprint.wa.gov. A free downloadable version is available in English and Spanish from OSPI’s website on a page labeled: Early Learning and Development Guidelines.

Washington early 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 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 0-21.

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. 

After a referral is accepted, a team of professionals uses standardized tools and observations to evaluate a child’s development in five areas:

  1. : Reaching for and grasping toys, crawling, walking, jumping
  2. : Watching activities, following simple directions, problem-solving
  3. : Making needs known, initiating games, starting to take turns
  4. : Vocalizing, babbling, using two- to three-word phrases
  5. : Holding a bottle, eating with fingers, getting dressed

The tools used to evaluate a child provide scores that are compared with the scores of children who are typically developing. Eligibility is met based on one or more of these conditions:

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

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.

More resources

  • Learn the Signs. Act Early. The website includes tools for tracking milestones and materials for families to learn more and plan home-based activities to 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.”
  • The Center for Parent Information and Resources (CIPR—ParentCenterHub.org) provides an Overview of Early intervention.
  • The US Department of Education Office of Special Education Programs (OSEP) provides funding for the Early Childhood Technical Assistance Center (ectacenter.org), based at the University of North Carolina, Chapel Hill. The center builds state and local capacity to improve outcomes for young children with disabilities and their families.
  • PAVE’s Parent Training and Information (PTI) staff provide information, training, resources, and technical assistance to help family caregivers, students and professionals understand rights and responsibilities within education systems, including those for early learning. For support, complete an online help request at wapave.org or leave a message at the helpline: 1-800-572-7368/press 115.

Evaluations Part 1: Where to Start When a Student Needs Special Help at School

A Brief Overview

  • Special Education is provided through the Individualized Education Program (IEP) for a student with a qualifying disability. The first step is to determine eligibility through evaluation. This article describes that process.
  • Specially Designed Instruction (SDI) is the “special” in special education. The evaluation determines whether SDI is needed to help a student overcome barriers of disability to appropriately access education. Learning to ask questions about SDI can help families participate in IEP development. Read on to learn more.
  • Parents can request an evaluation by submitting a written letter to the school district. PAVE offers a template to help with letter writing.
  • For more detail about what happens when a student qualifies for special education, PAVE’s website includes a short video, Overview of IEP Process; a more detailed on-demand webinar, Introduction to Special Education; and an article about IEP Essentials.

Full Article

If a student is having a hard time at school and has a known or suspected disability, the school evaluates to see if the student qualifies for special education. If eligible, the student receives an Individualized Education Program (IEP). Information collected during the evaluation is critical for building the IEP, which provides specialized instruction and other supports in a unique way for each student.

The school follows specific deadlines for an evaluation process, which are described in the state laws provided in the links connected to each of these bullet points:

  • The district must document a formal request for evaluation and make a decision about whether to evaluate within 25 school days (WAC 392-172A-03005).
  • After consent is signed, the school has 35 school days to complete the evaluation (WAC 392-172A-03005).
  • If a student is eligible, the school has 30 calendar days to hold a meeting to develop an initial IEP (WAC 392-172A-03105).

Evaluation is a 3-part process

Not every student who has a disability and receives an evaluation will qualify for an IEP. The school district’s evaluation asks 3 primary questions in each area of learning that is evaluated:

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

If the answer to all three questions is Yes, the student qualifies for an IEP. After the evaluation is reviewed, the IEP team meets to talk about how to build a program to meet the needs that were identified in the evaluation. Each area of disability that meets these three criteria is included as a goal area on the IEP.

The needs and how the school plans to serve those needs gets written into the section of the IEP document called the Present Levels of Academic Achievement and Functional Performance—sometimes shortened to Present Levels of Performance (PLOP). Becoming familiar with the PLOP section of the IEP is important for family members who participate on IEP teams. IEP goals flop without good PLOP!

Bring ideas to the evaluation review meeting

After an initial evaluation is finished, the school arranges a meeting to review the results and determine whether the student qualifies for services. The evaluation review meeting can include time for family members, students and outside service providers to share ideas about what’s going on and what might help. PAVE provides a tool to help parents and students get ready for this and other important meetings by creating a Handout for Meetings.

Read on for ideas about what to do if the school determines that a student doesn’t qualify for IEP services and parents/caregivers disagree or want to pursue other types of school support.

If a student qualifies for special education, new input can be added to information from the evaluation that is automatically included in the PLOP. The present levels section of the IEP is important because it provides space to document the creative ideas that will support the student at school. This section can provide answers to this question: How will the school support the student in meeting annual goals?

Remember that the 3-part evaluation determines whether the student needs Specially Designed Instruction (SDI). SDI is the “special” in special education. SDI is provided through individualized teaching methods, and its success is tracked and measured through progress on the IEP goals.

Progress monitoring is required annually but can be done throughout the year with a communication strategy designed by the school and family. That communication strategy can be written into the IEP document. PAVE’s article about SMART Goals and Progress Tracking can help families better understand how to participate in follow-through to make sure that the special education program is helping the student make meaningful progress.

FAPE is a special education student’s most important right

Whether the student makes meaningful progress is also a measure of whether the school district is meeting its obligation to provide a Free Appropriate Public Education (FAPE), the primary entitlement of a student who qualifies for special education under criteria established by the Individuals with Disabilities Education Act (IDEA).

PAVE provides an article about the history of special education with more detail about how FAPE became the standard for special education service delivery.

When a student is evaluated, the results are reviewed by a team that includes school staff and the family. The team discusses whether the student qualifies for special education. If yes, then the IEP process begins to determine how best to deliver FAPE. In other words, how will the school district provide an appropriate education to meet a student’s unique needs, in light of the circumstances of disability?

PAVE provides an article describing the IDEA and its six primary principles as the Foundation of Special Education. In addition to FAPE, the primary principles include: appropriate evaluation, IEP, parent and student involvement, education in the Least Restrictive Environment (LRE) and Procedural Safeguards, which provide dispute options and protections to make sure schools follow federal and state rules.

A referral starts the evaluation process

A parent/guardian, teacher, school administrator, service provider or other concerned adult can refer a student for evaluation. PAVE’s recommended guidelines for requesting an evaluation in writing are included later in this article.

Depending on a student’s suspected areas of disability (see categories listed below), the district may need medical information. However, the school cannot delay the evaluation while requiring parents to get that medical information. If medical information is necessary for an eligibility determination, the district must pay for the outside evaluation. OSPI includes more detail about these requirements in a Technical Assistance Paper (TAP No. 5).

If the school agrees to evaluate, a variety of tests and questionnaires are included. The evaluation looks for strengths and difficulties in many different areas, so input from parents, teachers and providers is critical. Generally, the evaluation reviews developmental history and assesses cognition, academic achievement and “functional” skills. Listed below are some common skill areas to evaluate:

  • Functional: Functional skills are necessary for everyday living, and deficits might show up with tasks such as eating, handling common classroom tools or using the restroom.
  • Academic: Testing in specific academic areas can seek information about whether the student might have a Specific Learning Disability, such as dyslexia.
  • OT and Speech: Occupational Therapy and Speech/Language can be included as specific areas for evaluation, if there is reason to suspect that deficits are impacting education.
  • Social-Emotional Learning: Many evaluations collect data in an area of education called Social Emotional Learning (SEL), which can highlight disabilities related to behavior, social interactions, mental health or emotional regulation. It’s common for parents to fill out an at-home survey as part of an SEL evaluation process.
  • Autism Spectrum: Testing can look for disability related to autism spectrum issues, such as sensory processing or social difficulties. Testing in this area can be done regardless of whether there is a medical diagnosis.
  • Adaptive: How a student transitions from class-to-class or organizes materials are examples of adaptive skills that might impact learning.

Please note that strengths are measured alongside challenges and can provide important details for a robust program. The first part of a present levels statement can always include statements about what the student does well.

Eligibility Categories of Disability

Areas of evaluation are associated with the 14 categories of disability that are defined as “eligibility categories” under the IDEA. These are broad categories, and sometimes there is discussion about which is the best fit to capture information about a student’s unique situation. Please note that there is no such thing as a “behavior IEP” or an “academic IEP.” After a student qualifies, the school is responsible to address all areas of need and design programming, services and a placement to meet those needs. An IEP is an individualized program, built to support a unique person and is not a cut-and-paste project based on the category of disability.

This list includes some common diagnoses and/or issues that come up within each of the IDEA’s 14 categories.

  • Autism: A student does not need a medical diagnosis to be evaluated by the school. If features of autism may significantly impact access to learning, then the school can assess those features to determine eligibility and special education needs. See PAVE’s  article about Autism Spectrum Disorder (ASD) and resources for families.
  • Emotional Disturbance: Psychological or psychiatric disorders (anxiety, depression, schizophrenia, post-traumatic stress, etc.) can fall under this category, which Washington schools often refer to as Emotional Behavioral Disability (EBD). Please note that all eligibility categories are intended to identify the needs of students and are not intended to label children in ways that might contribute to stigma or discrimination.
  • Specific Learning Disability: Issues related to dyslexia, dysgraphia, dyscalculia, or other learning deficits can be educationally assessed. A formal diagnosis is not required for a student to qualify under this category. A Washington law taking full effect in 2021-22 requires schools to screen for dyslexia: See PAVE’s article about dyslexia.
  • Other Health Impairment: ADHD, Tourette’s Syndrome and other medical diagnoses are captured within this broad category, often shorted to OHI or Health-Impaired on the IEP document. If medical information is necessary for an eligibility determination and not already available, the school district must pay for the outside evaluation.
  • Speech/Language Impairment: This category can include expressive and/or receptive language disorders in addition to issues related to diction (how a student is able to produce sounds that are understood as words). Social communication deficits also might qualify a student for speech services.
  • Multiple Disabilities: Students with complex medical and learning needs can meet criteria in this category.
  • Intellectual Disability: A student with Down Syndrome or another genetic or cognitive disorder might meet criteria in this category.
  • Orthopedic Impairment: OI refers to physical disabilities that impact access to education.
  • Hearing Impairment: Whether permanent or fluctuating, a hearing impairment may adversely affect a child’s educational performance.
  • Deafness: A student unable to process linguistic information through hearing, with or without amplification, may be eligible for services under this category.
  • Deaf blindness: A combination of hearing and visual impairments establishes a unique set of special education service needs.
  • Visual Impairment/Blindness: Partial sight and blindness may fit this category when, even with correction, eyesight adversely affects a child’s educational performance. Washington State’s Department of Services for the Blind (DSB) is an agency that provides youth and adult services for individuals who are blind or low vision.
  • Traumatic Brain Injury: Brain Injury Alliance of WA is a place for resources to better understand TBI and how to support a student with medical and educational needs.
  • Developmental Delay (ages 0-9): This category can qualify a child for early learning (Birth-3) services in addition to IEP services through age 9. By age 10, a new evaluation may determine eligibility in another category for IEP services to continue.

Child Find requires school districts to evaluate

Appropriate evaluation is a key principle of the Individuals with Disabilities Education Act (IDEA). The IDEA includes a mandate called Child Find, which requires school districts to seek out, evaluate and serve students ages Birth-21 who have known or suspected disabilities that may impact school success or access. PAVE has an article about the Child Find Mandate, which applies to all children, including those who go to public or private schools. Children who are homeless or wards of the state are included, as are children who move a lot. Children who are “advancing from grade to grade” are included in the mandate, if they may have disabilities that impact learning in non-academic areas of school.

Here are some considerations:

  • Child Find mandates evaluation if there is reason to suspect a disability.
  • Students who are failing or behind their peers might have challenges related to language or access to school that don’t indicate a disability.
  • Parents who don’t understand the school’s reason can request a written explanation.
  • Schools cannot refuse to evaluate because of budgetary constraints. They also cannot refuse because they want to try different teaching strategies. School staff might use the term Response to Intervention (RTI). Although the school might benefit from a review of its methods, RTI is not a basis for refusing to evaluate a child for a suspected disability.

Deadlines start when a referral is made

When a student is referred for an evaluation, the school follows a schedule of deadlines. Parents can mark a calendar to track these timelines. To make sure deadlines are followed, PAVE recommends that formal requests and communications are made and stored in written form. Parents can always request a written response from the school or write down a response made verbally and send a “reflective” email that includes detail about what was discussed or decided. That reflective email creates a written record of a conversation.

Districts have 25 school days to respond to a request for evaluation. Some schools invite parents to a meeting to discuss concerns. Being prepared with a written statement can help. Parents can also share information from doctors or outside providers.

Before a school evaluates a student, the parent/guardian signs consent. If school staff recommend an evaluation and parents do not agree or sign consent, then the school does not conduct the evaluation. Please note that parents are consenting to the evaluation, so that parents and schools can make an informed decision about what to do next. Parents can choose at the next step whether to sign consent for a special education program to begin.

If a parent initiated the referral and the school doesn’t respond or denies the request for an evaluation, the parent can request an answer in writing. PAVE provides an article about what to do if the school says no to your evaluation request.

What happens next if the school agrees to evaluate?

If all agree that an evaluation is needed, and a parent/guardian signs a formal document giving permission, then the school completes the evaluation within 35 school days.

In compliance with the IDEA, an evaluation for special education is non-discriminatory. If the child cannot read, for example, the testing uses verbal instructions or pictures. The child’s native language is honored. Schools have a variety of tools available to eliminate bias. Parents can take action if they disagree with the way testing was done or the way it was interpreted.

The IDEA requires schools to use “technically sound” instruments in evaluation. Generally, that means the tests are evidence-based as valid and reliable, and the school recruits qualified personnel to administer the tests. The IDEA is clear that a singular measure, such as an Intelligence Quotient (IQ) test, does not meet the standard for an appropriate evaluation.

Don’t be intimidated by fancy language!

The formal language of the IDEA and the evaluation process can feel intimidating, but parents need to remember that they have a critical role as the experts and long-term investors in their child. If the evaluation data is confusing, parents can ask the school to provide charts or graphs to make it clear. Parents have the right to ask questions until they understand the evaluation process and what the results mean.

A primary goal of evaluation is to identify a child’s strengths and needs in the general education environment. Regular classrooms are the Least Restrictive Environment (LRE) unless a student is unable to succeed there. The evaluation determines whether a student needs extra help in the general education setting, and the IEP team uses information gathered through evaluation to recommend and develop an initial program.

The IEP isn’t a one-and-done project

The IEP shifts and changes with the needs of the student, so the initial evaluation is only the beginning. A new evaluation is required by the IDEA at least every 3 years, but a new evaluation can be initiated earlier if there’s a question about whether the program is working. The school and family are always collecting new information and insights, and the IEP adapts in real time with new information.

For example, the school might document that a student is failing to access learning in general education despite help that was carefully designed to make the setting accessible. Then the IEP team, which includes a parent or guardian, might discuss placement in a more restrictive setting.

What if I don’t agree with the school?

Parents can always ask school staff to describe their decisions in writing, and parents have rights guaranteed by the IDEA to informally or formally dispute any decision made by the school. The Center for Appropriate Dispute Resolution in Special Education (CADRE) offers a variety of guidebooks that describe these options. In Washington State, the Office of Superintendent of Public Instruction (OSPI) provides state-specific guidelines for dispute resolution. PAVE provides an on-demand webinar about conflict engagement: Parents as Partners with the School.

Recommended guidelines for requesting an evaluation

Make the request in writing! PAVE provides a sample letter to help.

  • Address the letter to the district’s special education director or program coordinator.
  • Deliver the request by email, certified mail, or in person. To hand-deliver, request a date/time stamp or signature at the front office to serve as a receipt.
  • Track the days the district takes to respond. The district has 25 school days (weekends and holidays excluded) to respond.

Items to include in the referral letter:

  • The student’s full name and birthdate.
  • A clear statement of request, such as “I am requesting a full and individual educational evaluation for [the student].”
  • A statement that “all areas of suspected disability” be evaluated.
  • A description of concerns. Include any details provided by the student about what is working or not working at school, during transportation or related to homework. Consider all areas of school, not just academic ones.
  • Include any detail about past requests for evaluation that may have been denied.
  • Attach letters from doctors, therapists, or other providers who have relevant information, insights, or diagnoses (NOTE: medical information is offered voluntarily and not required to be shared).
  • Parent/legal caregiver contact information and a statement that consent for the evaluation will be provided upon notification.

After receiving a letter of request for evaluation the school district has the responsibility to:

  • Document the referral.
  • Notify parent/caregiver, in writing, that the student has been referred for evaluation.
  • Examine relevant documents from family, the school, medical providers, and other involved agencies.
  • Tell parents/caregivers in writing, within 25 days, about the decision to evaluate or not. This formal letter is called “Prior Written Notice.”
  • Request formal written consent for an evaluation.
  • Complete the evaluation within 35 school days after consent is signed.
  • Schedule a meeting to share evaluation results with a team that includes family to determine next steps.
  • Initiate development of an IEP, if the student qualifies.

Evaluation for Behavior Supports

Sometimes a Functional Behavior Assessment (FBA) is conducted alongside an educational evaluation when behavior is a primary feature of a child’s difficulty at school. The FBA uses tools and observation to identify triggers and unskilled coping strategies that can help explain areas of need for learning. The FBA provides the foundation for a Behavioral Intervention Plan (BIP), which supports positive choices. BIP goals and strategies prioritize social skill development and emotional regulation tools. The BIP can be a stand-alone document or can be used with an IEP or a Section 504 Plan (see below). PAVE provides a variety of articles about Positive Behavior Interventions and Supports.

A student may qualify for a Section 504 Plan, if not an IEP

Section 504 is part of the Rehabilitation Act of 1973. This Civil Rights law protects individuals with disabilities that severely impact “major life activities,” such as learning, breathing, walking, paying attention, making friends… The law is intentionally broad to capture a wide range of disability conditions and how they might impact a person’s life circumstances.

Sometimes students who don’t qualify for the IEP will qualify for accommodations and other support through a Section 504 Plan. PAVE has an article about Section 504, which provides an individual with protections throughout the lifespan. Note that Section 504 anti-discrimination protections apply to students with IEPs and Section 504 Plans. Key protections provide for equitable opportunities, access and non-discriminatory policies and practices. These protections might be part of the discussion if a student, because of disability, is denied access to a field trip, extracurricular opportunities, a unique learning environment or something else that is generally available to all students.

Section 504 includes specific provisions to protect students from bullying related to disability conditions: A US Department of Education Dear Colleague letter about bullying describes those protections as an aspect of a school district’s responsibility to provide FAPE.

Independent Educational Evaluation (IEE)

If families disagree with the school district’s evaluation, they can request an Independent Educational Evaluation (IEE). When granting a request for an IEE, the school district provides a list of possible examiners and covers the cost. To deny an IEE request, the district initiates a due process hearing within 15 calendar days to show that its initial evaluation was appropriate. PAVE provides an article with more information and a sample letter for requesting an IEE.

Here are additional resources:

Washington laws regarding evaluation are in 392-172A, 03005-03080, of the Washington Administrative Code (WAC)

Office of Superintendent of Public Instruction (OSPI): k12.wa.us

PAVE’s Parent Training and Information (PTI) team provides 1:1 support and additional resources. Here are ways to Get Help:

Call 1-800-5PARENT (572-7368) and select extension 115, English or Spanish available, to leave a dedicated message.

OR

Go online to fill out a form to Get Help! Use the Google translate to make it to the language you use the best!

Find Civilian Services for Your Child With a Disability When You Leave the Military

A guide to finding civilian supports and services when your service member separates or retires from the military if you have a child (including an adult dependent child) with disabilities. If you are PCSing to a “forever” home location, it includes resource finders available across the United States and Territories.

As you read down the columns, you will see references to Parent Centers. Parent Centers are funded by Office of Special Education (OSEP), US Department of Education to support parents of children age birth to 26 with disabilities. If you are reading this article through the website for PAVE (*******) or through their Pipeline newsletter, you are in the right place because PAVE is the Parent Training and Information Center (Parent Center) for Washington State.

 You can also use resources at the Center for Parent Information and Resources (CPIR), a national center serving Parent Centers and families with online information. According to the CPIR:

“There are nearly 100 Parent Training and Information Centers PTIs) and Community Parent Resource Centers (CPRCs) in the US and Territories. These Centers perform a variety of direct services for children and youth with disabilities, families, professionals, and other organizations that support them. Some of the activities include:

  • Working with families of infants, toddlers, children, and youth with disabilities, birth to 26
  • Helping parents participate effectively in their children’s education and development
  • Partnering with professionals and policy makers to improve outcomes for all children with disabilities” – https://www.parentcenterhub.org/the-parent-center-network/

Quick-find links:

Children’s Benefits or Services
Active Duty
or Active Reserve

Keep Benefit or Service?
(retiring after 20 yrs service)

Equivalent Civilian Resources

TRICARE Medical Coverage (may include case management, mental health, hospice care)

Yes, but there may be extra financial costs

Private insurance (useful article at the Military Wallet website)
Medicaid  NOTE:  your child can be enrolled in both Medicaid and TRICARE

TRICARE for children after age 21, up to age 26 (including college students)

Yes-up to age 23 if in college (or up to graduation); after which and up to age 26, child may be eligible for TRICARE Young Adult, which charges premiums, has co-pays and deductibles.

Private insurance

Medicaid NOTE:  your child can be enrolled in both Medicaid and TRICARE

TRICARE benefits after age 26 through secondary dependency

Yes

Medicaid NOTE:  your child can be enrolled in both Medicaid and TRICARE

Supplemental Security Income (SSI) (in some states, receiving SSI helps determine Medicaid eligibility)

Private insurance

Yes, but only if the service member retires, as opposed to leaving the military prior to fulfilling the terms of service for retirement. If the service member leaves without retiring, try the resources in the right-hand column.

Medicaid NOTE:  your child can be enrolled in both Medicaid and TRICARE

Medicaid Home and Community Based Services (HCBS) Waiver * NOTE:  your child can be enrolled in both Medicaid and TRICARE

Autism resources by State (Easter Seals)

State Agencies on Developmental or Intellectual Disabilities

Extended Care Health Option (ECHO) provides supplemental support and services not available through TRICARE’s regular coverage. Some benefits similar to Medicaid HCBS waivers

No

Medicaid HCBS Waiver * NOTE:  your child can be enrolled in both Medicaid and TRICARE

Respite Care through ECHO and other programs

No, but check with the community family center at a local installation to identify any military-family support organizations which may offer funding or locator services.

Medicaid HCBS Waiver * NOTE:  your child can be enrolled in both Medicaid and TRICARE

Lifespan Respite (WA)

EasterSeals Respite locator: https://archrespite.org/respitelocator

Exceptional Family Member Program (EFMP) Family Support (help with navigating military and some civilian service systems)

Yes, at the discretion of installation

PAVE (Parent Center, Washington State)

Parent Centers

No

Private: not subsidized, but can use the directory: ChildCareAware.org. If a family has income restrictions, many States have subsidized care through Department of Health and Human Services (or equivalent)

School Liaison Office for help navigating school systems and services, especially under MIC3 (Interstate Compact)

No, except that the Interstate Compact covers your child for one year after you retire

PAVE (Parent Center, Washington State)

Parent Centers (other states)

Evaluations Part 2: Next Steps if the School Says ‘No’

A Brief Overview

  • If the school denies a request for a special education evaluation or does an evaluation and determines a student is ineligible for services, families have options. Read on for information about some possible next steps.
  • When there is a dispute about a district’s evaluation, one option is to request an Independent Educational Evaluation (IEE) from a provider outside of the school district. This article includes a sample letter to help with that process.
  • Families are protected by Procedural Safeguards, which guarantee a specific process for special education and offer families the right to file formal complaints when they disagree with school decisions.
  • PAVE’s Parent Training and Information (PTI) staff supports families navigating educational services. Click Get Help at wapave.org to request 1:1 support.

Full Article

Parents have a variety of choices if the school denies a request to evaluate a student for special education or if the school does an evaluation and finds the student ineligible for services through an Individualized Education Program (IEP). Here are some options to consider.

Is disability a factor?

A student qualifies for IEP services when three prongs of eligibility are met through evaluation:

  1. A disability is present.
  2. The disability condition causes significant adverse educational impact.
  3. The student needs Specially Designed Instruction (SDI) and/or related services, such as speech, occupational, physical or another therapy to meet an educational need. 

Keep in mind that a student does not need to meet all three prongs in order to be evaluated. In accordance with the Child Find Mandate, the school district must evaluate a child if there is a known or suspected disability that may have significant impact on learning. The findings of evaluation consider the three prongs listed above.

When considering whether disability is impacting educational access and outcomes, it’s helpful to review the eligibility categories outlined by federal special education law, the Individuals with Disabilities Education Act (IDEA):

  • Autism
  • Emotional Disturbance
  • Specific Learning Disability
  • Other Health Impairment
  • Speech/Language Impairment
  • Multiple Disabilities
  • Intellectual Disability
  • Orthopedic Impairment
  • Hearing Impairment
  • Deafness
  • Deaf blindness
  • Visual Impairment/Blindness
  • Traumatic Brain Injury

In Washington State, children through age 9 may be eligible for services under the category of Developmental Delay. The Washington Administrative Codes (WAC 392-172A-01035) provide detail about eligibility in each category.

Keep in mind that the educational impact of a disability can be assessed with or without a formal diagnosis from a medical provider.

Was your request in writing?

Referrals for special education evaluation are best made in writing. If an initial request was made and denied verbally, start again with a formal letter sent through email, certified mail or in person. PAVE provides a letter template and more information for evaluation requests in an article: Sample Letter to Request Evaluation.

Address the letter to a district special education director or program coordinator, and cc an administrator at the student’s school. Make sure to include the student’s full name and birthdate, a clear statement of request for evaluation in all areas of suspected disability, and details about the concerns. If relevant, attach letters from doctors, therapists or other providers who support the request. The letter should include complete contact information and a statement that parent is prepared to sign consent for the evaluation to begin.

Ask for the decision in writing

The school is required to respond through a formal letter, called Prior Written Notice (PWN), to explain its rationale for moving forward with an evaluation or denying the request. If the school’s rationale for denial is confusing or incomplete, ask for detail in writing.

School evaluators cannot refuse to evaluate because of budgetary constraints. Impacts of COVID-19 delayed some evaluations in spring 2020, but the pandemic is not an explanation for evaluation denial.

Schools cannot refuse to evaluate because they want to try different instructional methods. School staff might use the term Response to Intervention (RTI). Although it might be useful for the school to research its teaching methods, this cannot be the basis for refusing to evaluate a student with a known or suspected disability.

Request a meeting

Discussing a student’s difficulties in a meeting, in-person or virtually, can help school staff understand a parent’s level of concern. A district representative, such as a director of special education, can provide insight about the process and additional options. Parents can invite a support person to take notes and help track the conversation.

Is a Section 504 Plan appropriate?

If a student has a known disability, with some educational impacts, but there is no documented need for Specially Designed Instruction (SDI) and/or related services, the student might qualify for accommodations provided through a Section 504 Plan.

Section 504, which is part of the Rehabilitation Act of 1973, defines disability as an impairment that impacts a major life activity. A formal evaluation is helpful but not required, and parent involvement is best practice. The team asks:

  1. Does the student have an impairment?
  2. Does the impairment limit one or more major life activities?

If the answer to these two questions is yes, the school can develop a plan to support the student within the general education setting. Assistive technology and modifications to the curriculum can be part of the plan, which includes individualized accommodations to ensure the student is able to access school in ways that are equitable. PAVE provides an article with more information about Section 504.

File a complaint and/or get outside help

Families are protected by Procedural Safeguards, which guarantee a specific process for special education and offer families the right to file formal complaints when they disagree with school decisions. Mediation, Citizen Complaint, and Due Process are options for dispute resolution in special education. The Office of Superintendent of Public Instruction (OSPI) provides assistance to navigate these processes through a Special Education Parent Liaison.

PAVE’s Parent Training and Information (PTI) staff supports families in their communication with schools. Click Get Help at wapave.org to request 1:1 support.

Another option for support with family/school collaborations is the Governor’s Office of the Education Ombuds.

Request an Independent Educational Evaluation (IEE)  

If family caregivers disagree with a district’s evaluation result, the family can request an Independent Educational Evaluation (IEE). An IEE can offer additional information that may support the need for Specially Designed Instruction (SDI) and/or related services.

If the school district denies a request for an IEE at public expense, the district must initiate a due process hearing within 15 calendar days to show that its evaluation was appropriate.

When an IEE request is accepted, the school district provides a list of independent evaluators. Parents have discretion to call each one or to seek an alternative evaluator before choosing who will evaluate the student. The school must consider the results of the IEE when deciding whether the student qualifies for special education programming.

Sample letter to request an IEE

Note: You can email the IEE request letter or send it by certified mail (keep your receipt), or hand carry it to the district office and get a date/time receipt. Remember to keep a copy of this letter and all school-related correspondence for your records. Get organized with a binder or a filing system that will help you keep track of all letters, meetings, conversations, etc. These documents will be important for you and your child for many years to come, including when your child transitions out of school.

Dear [recipient can be special education district staff and/or school administrators]:

I am requesting an Independent Educational Evaluation (IEE) for my (son/daughter), NAME (BD: 00-00-0000). Please provide me with information about outside agencies in our area that can provide this evaluation.

The school conducted an evaluation [date range of evaluation] to determine whether [child’s name] is eligible for special education programming. I disagree with the results of that evaluation for the following reasons: (be as specific as you can; one reason may be that you don’t believe that all areas of suspected disability were appropriately evaluated.)

  • Use bullet points if the list becomes long.
  • Use bullet points if the list becomes long.
  • Use bullet points if the list becomes long.

I have attached documentation from [list any outside providers who provided letters supporting your request]. Please note that [highlight any particularly important recommendations from those attached documents].

I understand that the school can provide this IEE at no cost to me. I also understand that the school may initiate a due process hearing if denying my request. Upon request, I can provide more detail about my objections to the school’s evaluation.

I understand that I am an equal member of the team for development and review of an Individualized Education Program (IEP) and that I will be involved in any meetings regarding the identification, evaluation, provision of services, placement, or decisions regarding my child’s access to a Free Appropriate Public Education (FAPE).

I understand that evaluations require my written permission, and I will be happy to provide that upon receipt of the proper forms.

I appreciate your help in behalf of (child’s name). If you have any questions please call me at (telephone number) or email me at (email address, optional).

Sincerely, [your name and full contact information]Please Note: It is the policy of PAVE to provide support, information, and training for families, professionals, and interested others on a number of topics. In no way do these activities constitute providing legal advice. PAVE is not a legal firm or a legal services agency.

Special Education Process Demystified in 10 Steps

Here is basic guidance about how special education works. For a bit more detail, visit the 10-Step Guide to the Special Education Process provided by Washington’s Office of Superintendent of Public Instruction (OSPI). Procedural Safeguards protect family and student rights throughout the process.

  1. Referral: Is there a known or suspected disability condition that may significantly impact educational access? If yes, family or anyone with knowledge of the student can request an evaluation from the school district in writing.
  2. Consent to evaluate: The school district has 25 school days to consider the referral and whether to evaluate. Family signs consent for an evaluation to begin.
  3. Initial Evaluation: The district has 35 school days to conduct an evaluation that comprehensively addresses all areas of suspected disability.
  4. Initial Evaluation Report: Family and school meet to review the findings. Discussion includes:
    • What did the evaluation find?
    • Is the student eligible?
    • What category of disability is the right fit for eligibility?
    • What services is the student eligible for?
    • Does the family have suggestions for goal areas or accommodations that school staff can consider for the initial IEP draft?
  5. Eligibility and Consent: For special education and related services to begin, family signs consent.
  6. Creating an Individualized Education Program (IEP): An IEP team meets within 30 days of the eligibility determination to write the IEP. 
    • A DRAFT IEP may be reviewed and discussed. Family can request a copy of the DRAFT before meeting.
    • The team decides what the final IEP includes.
    • School provides family with Prior Written Notice after the meeting to reflect the discussion and actions being taken.
    • Family has an opportunity to request further changes or more meetings.
  7. Special Education Begins: All teachers and service providers receive a copy of the IEP and implement the services, accommodations, and other elements of the program.
  8. Progress Monitoring and Annual IEP Review: The IEP team meets to discuss the program at least once a year. Changes can be made then or any time a team meeting is called because of concerns raised by the family or school.
  9. Reevaluation: The student is re-evaluated at least every 3 years to determine ongoing eligibility and to assess any needed changes to the program. If a student’s needs change, reevaluation can happen sooner.
  10. Transition: By the time a student turns 16, the IEP must have a plan in place for when the student will either graduate from high school or continue to receive school-based services, an option through age 21. Postsecondary goals drive the IEP process from that point forward.

IDEA: The Foundation of Special Education

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.
  • Key concepts are from the Education for All Handicapped Children Act, passed in 1975. The United States celebrated 45 years of special education law Nov. 29, 2020. In recognition, the Office of Special Education Programs (OSEP) offers an historical infographic: OSEP Fast Facts: IDEA 45th Anniversary.
  • The IDEA is unchanged during the pandemic. Although education is delivered in a variety of new ways, student rights and protections are intact. For more information, PAVE provides a training video: Student Rights: Special Education During COVID-19 and Beyond.

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 a free public education that is specifically designed to meet their unique, individual needs.

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

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

No rights are waived due to COVID-19

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).

No federal or state laws are altered because of the COVID-19 pandemic. Although education is being delivered in a variety of new ways, all student protections and special education rights are intact.

FAPE is an important acronym to learn!

The first principle of the IDEA is the right to a Free Appropriate Public Education, FAPE. Figuring out how to provide FAPE is the work of an Individualized Education Program (IEP) team that includes school and family.

The local school district is responsible to provide FAPE through an IEP, which includes specially designed instruction, services, accommodations, and anything else that the team identifies as necessary to provide the student with education that is accessible, equitable and appropriate.

Part of FAPE is ensuring that the student finds meaningful success, in light of the circumstances. 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 create a program within a 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.

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

The IDEA is written in three 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. The six principles listed at the end of this article describe IDEA’s Part B protections.

Part C protects children Birth to age 3 who need family support for early learning. ​The disability category of developmental delay overlaps early learning and IEP and can qualify a child for free, family-focused services to age 3 and school-based services through age 9. PAVE has an article: Early Intervention: How to Access Services for Children Birth to 3 in Washington.

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

  • Autism: A student does not need a medical diagnosis to be evaluated by the school. If features from the autism spectrum may significantly impact access to learning, then the school can assess those features to determine eligibility and special education needs.
  • Emotional Disturbance: Psychological or psychiatric disorders (anxiety, depression, schizophrenia, post-traumatic stress, etc.) can fall under this category, which Washington schools often refer to as Emotional Behavioral Disability (EBD). Please note that all eligibility categories are intended to identify the needs of students and are not intended to label children in ways that might contribute to stigma or discrimination.
  • Specific Learning Disability: Issues related to dyslexia, dysgraphia, dyscalculia, or other learning deficits can be educationally assessed. A formal diagnosis is not required for a student to qualify under this category. A Washington law taking full effect in 2021-22 requires schools to screen for dyslexia: See PAVE’s article about dyslexia.
  • Other Health Impairment: ADHD, Tourette’s Syndrome and other medical diagnoses are captured within this broad category, often shorted to OHI or Health-Impaired on the IEP document.
  • Speech/Language Impairment: This category can include expressive and/or receptive language disorders in addition to issues related to diction (how a student is able to produce sounds that are understood as words). Social communication deficits also might qualify a student for speech services.
  • Multiple Disabilities: Students with complex medical and learning needs can meet criteria in this category.
  • Intellectual Disability: A student with Down Syndrome or another genetic or cognitive disorder might meet criteria in this category.
  • Orthopedic Impairment: OI refers to physical disabilities that impact access to education.
  • Hearing Impairment: Whether permanent or fluctuating, a hearing impairment may adversely affect a child’s educational performance.
  • Deafness: A student unable to process linguistic information through hearing, with or without amplification, may be eligible for services under this category.
  • Deaf blindness: A combination of hearing and visual impairments establishes a unique set of special education service needs.
  • Visual Impairment/Blindness: Partial sight and blindness may fit this category when, even with correction, eyesight adversely affects a child’s educational performance. Washington State’s Department of Services for the Blind (DSB) is an agency that provides youth and adult services for individuals who are blind or low vision.
  • Traumatic Brain Injury: Brain Injury Alliance of WA is a place for resources to better understand TBI and how to support a student with medical and educational needs.
  • Developmental Delay (ages 0-8): This category can qualify a child for early learning (Birth-3) services in addition to IEP services through age 8. By age 9, a new evaluation may determine eligibility in another category for IEP services to continue.

Educational evaluations ask 3 key questions

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

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

When each answer is yes, a student qualifies for services. In each area of eligibility, specialized instruction is recommended to help the student overcome the impact of the disability to access FAPE. PAVE provides various articles about the evaluation process, including a sample letter to refer a student for services.

IDEA’s Primary Principles:

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

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

IEP on Pause? How to Support Continuous Learning

A Brief Overview

  • This article provides some considerations for families while students are doing school in new ways during the COVID-19 pandemic.
  • As always, programming for students who qualify for special education services is uniquely designed to address a student’s strengths and needs. Special education law maintains a student’s right to a Free Appropriate Public Education (FAPE), although some aspects of a student’s Individualized Education Program (IEP) may not be deliverable because of health and safety concerns.
  • The Office of Superintendent of Public Instruction (OSPI) in July 2020 issued a guidebook, Reopening Washington Schools 2020: Special Education Guidance, with information for educators and families.
  • Updates and additional handouts for families are available in multiple languages on OSPI’s website: Special Education Guidance for COVID-19.  
  • The Special Education Continuous Learning Plan is provided by OSPI to support but not replace the IEP. Read on for more information about how to make contingency plans so students continue to make progress regardless of where education is provided.

 

Full Article

Some teachers and family caregivers are cooking up clever ways to deliver learning to students during the public health crisis caused by COVID-19. Their recipes for success include carefully built schedules; a mix of curriculum materials that adapt to different settings; regular check-ins between school and family; social-emotional support strategies; and adaptability to address a student’s unique interests, talents, and needs regardless of where education is provided.

If that is not your family’s reality, you are not alone. During this national emergency, families are not expected to have a perfect plan for what to do and how to do it. Neither are schools, which are being asked to redesign themselves by the moment. This article provides some basic considerations for families and schools who serve students with special educational needs. This time of crisis clearly calls for communication, creativity, and unique efforts toward collaboration.

For more about social-emotional support for the family see PAVE’s article, Stay-Home Help: Get Organized, Feel Big Feelings, Breathe. PAVE also provides a library of short mindfulness practice videos for all ages/abilities: Live Mindfully.

School decisions are made locally

Uncertainty about the 2020-21 school year is ongoing. At an Aug. 5, 2020, press conference, Washington State Superintendent Chris Reykdal noted that 2020-21 will be “the most complicated school year in American history.”

WA Governor Jay Inslee stated at the press conference that decisions about whether school buildings are open will be made locally. School board meetings are required monthly and must follow the state’s Open Public Meetings Act (Chapter 42.30 in the Revised Code of Washington). Families can reach out to their local district for information about how and when school boards meet. Public comment is part of each public meeting, and the open meeting rules apply in any space or platform.

No disability rights are waived

Reykdal has encouraged families to stay engaged with their Individualized Education Program (IEP) teams regardless of where the student is learning. “I want to constantly challenge you to work with your school district and reach out,” Reykdal said in April 2020.

“Make sure you understand who is responsible for delivering those services at this time and whether you think that IEP needs to be revisited. That is the right of parents, and that is the relationship that has to happen on the local level. We’ll keep guiding to this. The expectation is clear. We are delivering special education services. We are delivering supports for students with disabilities. There’s no exemption from that. There’s no waiver from that.”

The Office of Superintendent of Public Instruction (OSPI) in July 2020 issued a guidebook, Reopening Washington Schools 2020: Special Education Guidance, with information for educators and families. Included is a section about “recovery services” to support students who have fallen behind because of the pandemic.

TIP: Collaborate, communicate, keep careful records

Documentation about what is happening with the student is key to discussions about the IEP moving forward and whether the student gets recovery services. Family caregivers and school staff can collect and share notes that address these questions and more:

  • Have educational materials been accessible during distance learning?
  • What learning location will work for this student and the family moving forward?
  • When or how often has the school communicated with the family, and what could improve that communication?
  • Does the student have the tools and technology needed for learning?
  • Where has the student made progress? (any bright spots?)
  • Where has the student lost ground? (any lost skills?)
  • What else needs to be addressed to meet the unique needs of this individual student, so the student can make progress appropriate, in light of the child’s circumstances?

Recovery services are not the same as compensatory services

To determine whether recovery services are needed, OSPI encourages IEP teams to:

  1. review progress toward IEP goals, and
  2. assess progress toward grade-level standards within the general education curriculum.

Both points are standard aspects of a student’s right to a Free Appropriate Public Education (FAPE), protected by the Individuals with Disabilities Education Act (IDEA). The IDEA is the federal law that entitles eligible students to an Individualized Education Program (IEP). IDEA rights are not waived due to COVID-19.

OSPI makes clear that recovery services are part of the school day and are not the same as “compensatory services,” which are educational opportunities provided outside of regular school to make up for IEP services that were not provided even though the student was available to receive them. A student may qualify for compensatory services if it is determined through a dispute resolution process that the standard of a Free Appropriate Public Education (FAPE) was not fully met in the provision of special education.

Recovery services, on the other hand, are considered in the context of the national health emergency that impacted all students and staff within the system. OSPI’s 2020 special education guidance document states: “The extent of a student’s recovery services, if needed, must be an individualized determination made by the IEP team, considering individual student needs, in the context of instructional opportunities provided to all students during the school facility closures.”

TIP: Consider a child’s total circumstances

Keep this in mind: A student with an IEP has the right to FAPE—Free Appropriate Public Education. To meet the standard of FAPE, a school provides an individualized program that is “reasonably calculated to enable the student to make progress appropriate, in light of the child’s circumstances.” That phrase is part of IEP case law, from a 2017 Supreme Court ruling referred to as Endrew F.

A child’s circumstances include, but are not limited to:

  • Strengths, talents, assets
  • Disability
  • Family (work schedules, finances, housing…)
  • COVID-related impacts (distance learning, medical fragility of self or family member, grief from a loved one’s death or economic hardships…)
  • Mental health (impacts of social isolation, loss of friendship connections…)
  • Whatever is true for the individual child!

A key question for all IEP teams: How can we create equitable educational opportunities, in light of all of these aspects of the child’s circumstances?

Section 504 protects students too

The Rehabilitation Act of 1973 also provides FAPE protections, and none of those rights are waived because of COVID-19. Section 504 is part of the Rehabilitation Act, so students who receive support through a Section 504 Plan have civil rights protections under that federal law. Students with IEPs have Section 504 protections in addition to the protections of the IDEA.

School staff and families might discuss whether a student on a Section 504 Plan has made adequate progress within the general education curriculum and whether the accommodations and modifications in the plan are correctly adjusted for the student to access learning in light of the pandemic. Families and schools can discuss what additional supports are needed so the student can access the curriculum equitably.

Recovery services may support academics or social emotional learning

OSPI provides a few examples of recovery services to help families and schools think creatively about what is possible:

  • A student who regressed behaviorally during the closure may need new or different positive behavior interventions during the school day.
  • A student who lacked social skills opportunities during the closure may need additional instruction in social communication.
  • A student who lost academic skills during the closure may need additional supplementary aids and services in the general education classroom.

How and when additional services are provided is up to school/family teams to consider and may depend on the district’s reopening schedule. Some recovery services may be deliverable through distance learning, while others may require schools to be fully open.

Focus on key elements of learning

Within the Inclusionary Practices section of its reopening guidance, OSPI highlights four core areas that support planning and teaching students with disabilities in a variety of learning environments:

  • Family Partnerships and Communication to foster continuity of learning, high expectations, and support to students through shared goals and partnerships between home and school.
  • Student Engagement to maintain knowledge and skills, feelings of connectedness, curiosity, and a love of learning while progressing toward benchmarks and standards.
  • Social-Emotional and Behavioral Supports to create positive learning experiences and shared understanding of expectations to help students achieve learning goals.
  • Instructional Delivery and Universal Design for Continuous Learning to create conditions that make learning accessible, stimulating, relevant and rewarding so students will make academic gains and develop self-determination.

TIP: Parents parent, teachers teach

Parents can consider that first and foremost, their role is to parent. When all schools were in distance-learning mode, the Florida Inclusion Network provided Tips for Families in Supporting Their Children with Disabilities in Virtual Formats. Included is this recommendation:

“It can be confusing for students if families try to assume the role of teacher. Explain to your child that their teacher is still their teacher, and that you are in communication with the teacher to help them learn at home.”

Presume competence and maintain high expectations

OSPI’s resource about special education access in the 2020-21 school year contains a chapter called Inclusionary Practices Across the Continuum of School Reopening Models. The first paragraph states (emphasis added):

“In the context of change, students with disabilities are most successful when educators and families presume competence in what they are capable of learning and accomplishing in school. Rather than view student challenges or inability to meet learning objectives in new and different learning environments as a deficit in the student due to a disability, recognize how instruction or environments may be affecting what a student learns and how they demonstrate what they know.

Students learn best when they feel valued and when people hold high expectations. When students cannot communicate effectively, or behavior impedes participation and learning, explore multiple pathways for understanding and assume students want to learn but may have difficulty expressing their needs.”

Least Restrictive Environment (LRE) encourages inclusion

Federal special education law (IDEA) entitles students to individualized education in the Least Restrictive Environment (LRE) to the maximum extent possible. While education is being provided in a mix of environments, IEP teams may need to think in new ways about how the right to LRE is protected.

The National Association of State Directors of Special Education (NASDSE) issued a policy brief regarding LRE in the wake of COVID-19. The brief includes examples of how LRE might be provided for a student in a virtual, hybrid, or traditional model of school. For example, a fictional 3rd grader with special education services to support learning in math and English Language Arts (ELA) could attend a virtual classroom with all students and receive instruction in break-out rooms with math and ELA teachers at additional times.  

The right to LRE is not waived due to COVID-19. “NASDSE stands ready to support its members with the effort of ensuring all students receive FAPE in the LRE,” the brief concludes.

Language access is protected

Some families face barriers related to language access. Under state and federal law, all parents have the right to information about their child’s education in a language they can understand, and students have a right to accessible learning materials. The Office of Superintendent of Public Instruction (OSPI) provides guidance about language-access rights in multiple languages.

A Continuous Learning Plan may help with organization

A Special Education Continuous Learning Plan is a tool developed by the state in spring 2020 to help IEP teams make contingency plans. The plan does not replace a student’s IEP, but rather documents individual decisions for special education services when a student is not fully attending in-person school.

The plan is part of a downloadable document published April 7, 2020: Supporting Inclusionary Practices during School Facility Closure. Glenna Gallo, assistant superintendent of special education, worked with many agency partners to design the 31-page guidance document. The introductory paragraphs include the following statement:

“Providing equitable access and instruction during these times will require creative and flexible thinking to support continuous learning, where students and educators are in different locations. Educators and families should explore creative ways to respond to diverse languages, cultures, socio-economic status, abilities, and needs.”

Review the Present Levels of Performance

To consider what is most important for learning, regardless of where education is provided, IEP teams can carefully review the present levels of academic achievement and functional performance, which is the first section in a student’s IEP. Special education attorneys Pam and Pete Wright have published books about special education law and maintain a website, Wrightslaw.com. Included during the pandemic is this page: IEPs During the COVID-19 Era: Your Parental Role and Present Levels in IEPs.

PAVE also provides an article and a handout to help families participate in the goal-setting process: IEP Tips: Evaluation, Present Levels, SMART goals.

Request an IEP meeting to clarify how services are provided

Family caregivers can request an IEP team meeting any time there are concerns. For health and safety reasons, the meeting may be virtual, by phone, in a park…. Teams can get creative to meet all needs. PAVE provides an article about requesting a meeting and a letter template to support a written request. An additional article: Quick Look: How to Prepare for a Virtual Meeting.

While reviewing and amending the IEP, the team might consider the “service matrix,” which is the chart on the IEP document that shows how many minutes of each service a student receives, and which school staff are responsible to provide the service. An IEP team might decide to amend the matrix to reflect services provided remotely versus services provided in person at school.

Another option is to document on the IEP matrix the services to be provided when in-person school fully resumes and to use the optional Continuous Learning Plan template to document contingency plans during remote learning.

Before meeting with the school, family caregivers may want to design their own Handout for the Team to share their specific ideas and concerns.

Big Picture goals to consider

OSPI’s guidance includes the following tenets of inclusionary practices:

  • All students feel a sense of belonging and value, as full members of the school community.
  • All students have access to equitable and high-quality, meaningful instruction.
  • Instruction is culturally responsive, and student and family centered.

TIP: When communicating with school staff, families can have these tenets ready and request that each one is addressed somehow through the planning.

Additional ideas to support families

  • If a child is doing school from home, try to set up comfortable, adaptable spaces for learning. Include alternatives to sitting for children who need variety, sensory support or more movement. If the IEP includes accommodations for special seating, consider if those ideas could work at home.
  • On days when school is integrated with home life, establish a schedule that includes breaks (recess/nature walks) and activities of daily living. The amount of academic time needs to consider all impacted family members. Here are sample family schedules: COVID 19 Schedule From MotherlyGet-Organized-Mom.comHomeschool.
  • Make sure each day includes time away from screens to reduce eye strain and fatigue from being in one physical position too long.
  • During academic learning time, limit distractions from siblings, gaming devices, tablets, television shows, etc.
  • Find or create support networks. Some Parent-to-Parent groups are meeting virtually, and individuals can make agreements to check on each other. The Arc of Washington State provides information about regional P2P networks.
  • Be patient with your child, teachers, medical providers, and yourself. No one has ever been here before, and all are trying to figure it out.

PAVE staff are available to provide 1:1 support. Click Get Help at wapave.org to fill out a Helpline Request form. For additional resources related to the pandemic itself, see Links to Support Families During the Coronavirus Crisis.