Kinship Families: Early Intervention, Special Education, and 504 Plans

Kinship families are created when a relative or close family friend raises a child or children when parents can’t. The relative or friend is often referred to as a “kinship caregiver”. This article will be helpful for new kinship caregivers and long-term kinship caregivers if their child or children has or develops a disability. This article focuses on early intervention and special education for children with disabilities in Washington State. It describes early intervention and special education and how to get those services or alternative services.  

It has information about situations like: 

  • The child got special education or had a 504 plan at their previous school 
  • The child received early intervention services with their birth or previous family 
  • A kinship caregiver thinks a child does not have the usual skills for their age, or they are not doing well in school, and the caregiver thinks it may be due to a disability 

This article also has information about the school enrollment process and documents needed and the right to go to school in Washington which applies to all children whether or not they have a disability. 

For schools, who can act as a parent?

Many different people may be defined as parents under the Individuals with Disabilities Education Act (IDEA), a U.S. federal law which makes sure eligible children with disabilities receive a free, appropriate public education (FAPE). It covers children from birth through age 21.   

The definition of a parent states: 

(1) A biological or adoptive parent of a child; 
(2) A foster parent, unless State law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent; 
(3) A guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State); 
(4) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or 
(5) A surrogate parent who has been appointed in accordance with § 300.519 or section 639(a)(5) of the Act”.   

Kinship caregivers may fall under one or more of these categories. It’s important for kinship caregivers to understand what their rights and responsibilities are about their child’s education. If kinship care does not involve legal steps to remove a parent’s rights, the birth/biological parents still have the right to make decisions about their child’s education, such as:

  • Where the child goes to school 
  • Whether the child can get special education services and supports or a 504 plan 
  • What goals, services, etc. are written on the IEP 
  • Notifications about and the right to attend IEP meetings (remotely, if necessary). 

In WA State, the school will, based on the law above, assume you have the right to make educational decisions about the child, but the child’s parents can still intervene if they wish. 

There is information available about kinship care situations where the kinship caregiver has rights to make educational (any many other) decisions for the child. Those situations (statuses) may include guardianship of a minor child, adoption, or getting a Power of Attorney from the birth parents to make certain decisions about the child’s education and other areas. WA State’s Kinship Navigators can connect you with legal aid resources. One online source is Washington Law Help, a “public law library” for legal information in WA State. It’s maintained by the nonprofit Northwest Justice Project and explains legal terms and legal situations with easy-to-understand wording in English, Spanish, and 8 other languages commonly used in Washington.

School Enrollment

Documents you may need: 

  • Something that verifies your address, like a utility bill 
  • Something that confirms the child’s age, like a birth certificate or a certified doctor’s statement 
  • A record of the child’s immunizations 

The WA State Governor’s Office of the Education Ombuds is the state’s problem-solving office for educational issues or questions. On their website they write: 

“Schools often list examples of the kinds of documents you can use for enrollment. If you do not have the specific documents that the school generally requires (like a copy of bills, or a birth certificate for your child), talk to the school enrollment office about your situation.

Alternatives to Birth Certificates/Passports: Schools must accept alternatives to show a child’s age or date of birth. The school cannot insist on receiving a birth certificate or passport if you do not have one. Other alternatives might include an adoption record, a certified statement of a physician, or an immunization record with a birthdate on it. 

Proof of Residency: Schools generally ask for proof of where you are living in order to be sure your child is a resident of the district. However, if you are currently without a regular place to live (if you are experiencing homelessness), the school cannot require documents before enrolling your child. If this might apply to you or a child you are caring for, ask at the school or district office to talk with the school district’s “McKinney Vento Liaison.” 

Remember, all children who live in Washington State have the right to access public education. If you are trying to enroll your child in school, but you do not have the paperwork the school usually requires, please ask for help. 

You can ask for help at the school or at the school district office. You can also contact our office at 1-866-297-2597 or visit our Get Help page to contact us through our online intake system.”  

Kinship caregivers can enroll their child at the office of the local school. When a child is enrolled in a school district, they are usually placed in the school closest to where they live. 

  • How to find your local school district: School Districts, Charter Schools, Tribal Schools and Education Support Districts (ESDs). Includes links to each district or school’s website.
  • How to request information from a previous school: Contact the school office at the child’s last school. If you don’t know the school’s name, try an online search such as “high schools in (Town Name, State)”. Schools usually have their own websites and contact information.

What is Early Intervention?

Early Intervention is a system of services for infants and toddlers (birth to age 3) that have developmental delays, risk of developmental delays, or diagnosed conditions. Services and supports may include speech, physical or occupational therapy, hearing assistance, nursing care, and vision care. The services are provided in the home or in the community.
Every state is required to offer these services under Part C of the Individuals with Disabilities Education Act (IDEA Part C). Services are either free, low-cost, or billable to some insurances.

Families are assigned a Family Resource Coordinator (FRC) and an Individualized Family Service Plan (IFSP) is created by the FRC and the parents (kinship caregiver) for services to support the child’s development and activities for the family to do with the child at home.

When a child reaches age three, the child can transition to special education if needed with a new evaluation. Kinship caregivers may want to start with PAVE: Early Intervention: How to Access Services for Children Birth to 3 in Washington

What is Special Education?

“Special education is instruction that is specially designed to meet the unique needs of a child with a disability. This means education that is individually developed to address a specific child’s needs that result from his or her disability. Since each child is unique, it is difficult to give an overall example of special education. It is individualized for each child.

Some students may be working at the pre-kindergarten grade level, others at the first, second, or third grade level. There may be students whose special education focuses primarily on speech and language development, cognitive development, or needs related to a physical or learning disability”. 

-Center for Parent Information and Resources

A child getting special education has an Individualized Education Program (IEP) created for them by an IEP team that includes

  • Parents or Guardians (including kinship caregivers)
  • Student (when appropriate)
  • Special Education Teacher
  • General Education Teacher
  • School Representative, Administrator
  • Specialist or service providers
  • Additional Individuals (a parent advocate or friend)

PAVE, Who’s Who on the IEP Team?

What is a 504 Plan?

“A student with a disability is protected by multiple federal laws. One of these laws is the Rehabilitation Act of 1973. This law is enforced by the U.S. Department of Education’s Office for Civil Rights. Section 504 is part of the Rehabilitation Act and it helps protect students from being treated unfairly because of their disability.”

“The right to a Free Appropriate Public Education (FAPE) is protected by Section 504 and the Individuals with Disabilities Education Act (IDEA). The most common way schools protect Section 504 FAPE rights is through accommodations. A student might have specifically designed help to accomplish their schoolwork, manage their emotions, use school equipment, or something else. The sky is the limit, and Section 504 is intentionally broad to capture a huge range of possible disability conditions that require vastly different types and levels of support.”

PAVE, Section 504: A Plan for Equity, Access and Accommodations

A document, called a Section 504 Plan or just 504 plan, is developed by a team at the child’s school, and includes the child’s parents (kinship caregiver), the 504 coordinator, teachers, and other appropriate staff. The plan is shared with the child’s teacher and any other appropriate staff and is reviewed and updated by the team regularly and as needed.

What to do if the newly arrived child or children had special education, had a 504 plan or received Early Intervention, and they are now in a new school district, town, or state:

Early Intervention:

If the child used to live in a different state, contact Washington’s Early Support for Infants and Toddlers (ESIT) Program. It’s managed by the Department of Children, Youth and Families (DCYF). A new Family Resource Coordinator will be assigned.

You can tell them where the child used to live. If you do not have a copy of the Individualized Family Service Plan (IFSP) and if the FRC is unable to get it from the child’s previous state, the FRC may recommend a new evaluation.

If the child was already living in WA State, contact the ESIT program to let them know the child’s new address and family situation so an FRC can help you continue the child’s plan.

Special Education:

Students who get special education have an Individualized Education Program (IEP). IEPs are documents that outline instruction, services, goals and supports for students in grades Kindergarten through graduation. Parents, including kinship caregivers, are essential in helping a school create an IEP and review and update it every year or as needed.

IEPs and Free Appropriate Education (FAPE) in the Least Restrictive Environment (LRE) are required by federal law, the Individuals with Disability Education Act (IDEA).

  • When a child changes schools inside a school district, they keep the same IEP.
  • If a child moves to a new district from inside or outside Washington State, there’s a process to get comparable (similar) instruction and services.

The new school must provide comparable (similar) services immediately and hold an IEP team meeting within 30 days to decide whether to use the existing IEP or develop a new one. If the IEP team (including parents/kinship caregivers) decide a new IEP is needed, the school must keep providing comparable services until the new IEP is ready to use.

The school must get permission from the parents (kinship caregiver) to have a new evaluation done for a new IEP.

If the kinship caregiver doesn’t have a copy of the child’s IEP, they can contact the child’s previous school and ask for one copy to be sent to the new school, and one copy to the kinship caregiver. Knowing what’s in the child’s IEP, and keeping records is important to make sure the child is getting the services and supports they need.
Another way is for the new school to contact the previous school to get the IEP. In that case, ask the new school to make a copy and send it to you as early as possible before the first IEP team meeting.

To get help with problems with this process, contact PAVE through PAVE’s Support Form.

504 Plans: 

If a child is going to a new school in the same district, the new school will use the current 504 Plan.

If a child is moving from another school district or another state, the child still has a right under federal law for the accommodations, but the current plan isn’t transferred. This is because putting 504 Plans into action may be slightly different from state to state.

  • Parents (kinship caregivers) must provide documentation (the same type as required by the current 504 Plan) and advocate for current accommodations to continue (or be improved or added to).
  • Schools are required to provide comparable (similar) services and accommodations until a new plan is approved, but they will need the current 504 Plan to make that happen.

If the kinship caregiver has a copy of the 504 Plan, and the documents used to create it (such as medical records and diagnosis from a doctor), they can make copies and deliver them to the new school. Use email to send them if you have it to create a record of what was sent and the date.

If the kinship caregiver doesn’t have the 504 Plan document or the documents, use the same process as the IEP. Contact the office at the previous school and request they send the 504 Plan, along with all the child’s school records.

Schools are required to provide school records, but they may need a copy of a court order (if that is how a child was placed in a kinship family), or another type of document to prove they are acting as the child’s parent.

Kinship caregivers can contact these organizations if they are having problems with getting school records:

Finding out if a child needs Early Intervention, Special Education or a 504 plan

Age birth to 3

For children age 3 and up, the school district where the child attends (or will be attending) school is where kinship caregivers can request an evaluation (testing) to see if their child is eligible for Special Education, or possibly a 504 Plan.

A federal law requires all school districts to find, evaluate (test), and if eligible, serve any infant, toddler, or school-aged child who has a known or suspected disability that might impact (interfere with) their learning in school.

If you are not sure how special education would work for your child, you can fill out PAVE’s support form and you’ll hear back from a PAVE team member with first steps and resources to learn more.

Learn More

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

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! 

Welcome to Washington!

Whether your family is newly stationed in Washington or returning after time away, we welcome you! Moving to a new state is a big change, and it can be confusing when programs and services are called different names than they were in your last location. We’re here to help you learn how Washington’s education and medical systems work, so you can find the right support for your child. 

This video shares key facts to help you get started in Washington with a child who has exceptional needs. 

The School 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 Purple Star Award Program recognizes school districts that go above and beyond to support military families. Districts with this award provide a webpage with resources, have a trained staff member to help, and make sure teachers understand school transition rules under the Interstate Compact. Families can look for the Purple Star designation when choosing schools—it’s a sign the district is committed to welcoming military-connected students. To see which districts have the award, visit OSPI’s Purple Star page

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 processesIEP 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. 

In addition to educational resources, families often need healthcare support. Washington offers options that work alongside TRICARE benefits to meet your child’s needs. 

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, 2025 and ends on January 15th, 2026. 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).  

TRICARE allows beneficiaries to make changes to their health coverage when a Qualifying Life Event (QLE) occurs, such as a move to a new city, region, or zip code. When a QLE happens, you generally have 90 days from the date of the move to update your enrollment. 

In addition to QLEs, TRICARE offers an annual open season for making changes to health coverage. Open season starts on the second Monday in November and ends on the second Monday in December each year. Any changes made during this period take effect January 1 of the following year. During open season, families can: 

  • Stay in their current plan – no action required. 
  • Enroll in a new plan. 
  • Switch between plans. 
  • Change enrollment type from individual to family coverage, or vice versa. 

PAVE provides more information about TRICARE’s basic plans, ECHO, and the Autism Care Demonstration in the TRICARE’s Big Three on-demand module. For this and more personalized learning at your own pace, check out our PAVE Learning Library.  

Learn More

PAVE offers downloadable toolkits filled with fact sheets, worksheets, sample letters, and practical tips to guide you through every stage of your child’s education and care. These resources are designed to make complex systems easier to understand and navigate. 

Celebrate your military child all year long with social stories, activities, and tools that help families stay connected and ease transitions. The PAVE article, Purple Up! Celebrating the Month of the Military Child, includes free downloads in the top five languages spoken in military households. 

Want to know what makes a military family “exceptional”? Explore PAVE’s two-part series on the Exceptional Family Member Program (EFMP) to learn how enrollment works and what supports are available to help your family thrive. 

Need personalized help? Military families can access one-on-one support, training, information, and resources through PAVE’s Get Support request form — wherever the military takes you! 

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

Families may feel uncertain or discouraged when a school denies a request for special education evaluation or finds a student ineligible for services. Fortunately, there are steps families can take to respond, seek clarification, and continue advocating for their child’s needs. Understanding available options and protections can help families take informed action and make decisions that support their child’s access to appropriate educational services.

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.
  • Schools must issue a Prior Written Notice (PWN) explaining their decision to evaluate or deny a request.
  • Students who do not qualify for an IEP may still be eligible for a Section 504 Plan.
  • Procedural Safeguards provide a specific process for special education and offer families the right to file formal complaints when they disagree with school decisions.
  • 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 downloadable sample letter in multiple languages to help with that process.
  • PAVE supports students and families navigating educational services. Click Get Support at wapave.org to request 1:1 support.

Introduction

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). These decisions can feel discouraging, but they do not mark the end of the road. Under the Individuals with Disabilities Education Act (IDEA) and its implementation through Washington Administrative Code (WAC 392-172A), families have the right to challenge decisions, seek clarification, and request further evaluation. Understanding these options can help families take informed next steps and ensure that their concerns are heard and addressed.

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 explanation is unclear or lacks detail, families can ask for a more complete written response. Schools may not deny an evaluation based on internal resource limitations or staffing challenges. According to the Child Find Mandate of IDEA, schools are obligated to evaluate any student with a known or suspected disability, regardless of whether other classroom supports are being used. For example, schools may implement approaches like Response to Intervention (RTI) to support learning, but these methods cannot be used to postpone or deny assessment when a disability is suspected.

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 anyone they would like to attend who has knowledge of the student, including 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 a disability?
  2. Does the disability 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.

Options When Resolution Requires More Support

Families are protected by Procedural Safeguards, which outline a specific processes for resolving disagreements in special education. When informal conversations don’t lead to resolution, options such as mediation, community complaint, and due process may be appropriate. PAVE’s article, When Parents and Schools Disagree: Navigating Special Education Disputes, offers clear guidance on these pathways and what to expect. 

If a school denies a request for a specific evaluation, such as a Functional Behavioral Assessment (FBA) or an assistive technology evaluation, families can still pursue dispute resolution options. These types of assessments may be essential for understanding a student’s behavioral needs or identifying tools that support access to learning. Requests for these evaluations are protected under the same legal framework as other special education decisions, specifically the procedural safeguards.

The Office of Superintendent of Public Instruction (OSPI) provides assistance to navigate these processes through a Special Education Parent Liaison, and families may also seek help from the Governor’s Office of the Education Ombuds for collaborative problem-solving. For personalized assistance, PAVE supports students with disabilities and their families. Click Get Support at wapave.org to request 1:1 support.

Request an Independent Education Evaluation (IEE)

Families who disagree with a school district’s evaluation results have the right to request an Independent Educational Evaluation (IEE) conducted by a qualified professional outside the district. 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 at their own expense 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

Download the Sample Letter to Request a Functional Behavioral Assessment (FBA) in:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Ukrainian українська | Vietnamese Tiếng Việt

Families can email the IEE request letter, send it by certified mail (and keep the receipt), or hand carry it to the district office and request a date/time receipt. It is important to keep a copy of this letter and all school-related correspondence in the student’s home records. Organizing with a binder or a filing system helps with keeping track of all letters, meetings, conversations, etc. These documents will be important for student throughout their educational career and beyond, including when they transition out of school.

Final Thoughts

When a school says “no,” it can feel like a door has closed—but that moment can also mark the beginning of a more empowered path forward. Each action a family takes is a meaningful expression of care and commitment. Family caregivers should trust their instincts, lean on trusted resources, and reach out for support. Persistence paired with informed choices can lead to real change and this journey is about more than advocacy—it’s about championing a child’s right to thrive.

Learn More

PAVE Provides Sample Letters to Support Families in their Advocacy

PAVE offers a collection of downloadable sample letters, available in multiple languages, to help families advocate for their children’s educational needs. These letters support clear and effective communication between families and schools, making it easier to request evaluations, meetings, or behavioral support. Whether you’re just getting started or need help with a specific concern, these tools can guide your next steps.

What is an Advocate?

An advocate is someone who works toward a cause or goal. While professional advocates may be trained to support others, family caregivers often become advocates themselves when they speak up for a child’s needs. Sometimes the hardest part of advocacy is figuring out what to do next. When a child has unmet needs at school, students and family advocates can request evaluations, meetings, or behavioral assessments to help improve services. Putting these requests in writing helps formalize the process and ensures that everyone involved is accountable.

PAVE helps families get started with a collection of sample letters, available for download in multiple languages. We’ve bundled links to those letter templates here for easy reference. Each link takes you to a short article with key information to help you understand the process of special education and how your customized letter can move you forward in that process.

Always Keep Your “Why” in Mind

Why are you taking action? Because you want something to improve for your child! PAVE’s short video, Quick Start Your Advocacy in Two Steps, might help you get ready to craft a letter. The video helps you ask two key questions:

  • What do you want?
  • Who has the power to work with you and make that happen?

As you write your letter, keep those questions and your “why” top of mind.

Request an Evaluation

Sample Letter to Request Evaluation: Schools are required to evaluate students to determine eligibility for a Section 504 Plan or an Individualized Education Plan (IEP). A referral can come from anyone with knowledge of the student and must be in writing. This article provides a sample letter and a link to an alternative form provided by the Office of Superintendent of Public Instruction (OSPI).

Download the Sample Letter to Request an Evaluation in:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Ukrainian українська | Vietnamese Tiếng Việt

Request an IEP Meeting

Sample Letter to Request an IEP Meeting: Family members can request an IEP team meeting anytime there are concerns about how the IEP is being implemented and whether a student may have unmet needs. This article includes information about who is required to attend an IEP meeting and the rights of parents to participate in educational decision making.

Download the Sample Letter to Request an IEP Meeting in:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Vietnamese Tiếng Việt

Request a Functional Behavioral Assessment

Sample Letter to Request a Functional Behavioral Assessment: If a child’s behavior is getting in the way of their education, the school is responsible to assess the problematic behaviors and develop a support plan to teach the student what to do instead. In addition to a sample letter, this article provides a link to a video to help families and schools work together through this process.

Download the Sample Letter to Request a Functional Behavioral Evaluation in:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Ukrainian українська | Vietnamese Tiếng Việt

Request an Independent Educational Evaluation (IEE)

Evaluations Part 2: Next Steps if the School Says ‘No’: If the school evaluates a student and says they aren’t eligible for an IEP or a specific area of service, parents have steps they can take if they disagree. One option is to request an Independent Educational Evaluation (IEE) from an outside provider. This article provides a sample letter for requesting an IEE at school district expense. If the family requests an IEE because they disagree with the school’s evaluation or its conclusions, then the district must pay for the IEE or deny the request through Due Process: IEE denials are evaluated by an Administrative Law Judge.

Download the Sample Letter to Request an Independent Educational Evaluation (IEE) in:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Ukrainian українська | Vietnamese Tiếng Việt

Final Thoughts

Families who want individualized assistance can reach out to PAVE by completing the Get Support  form. Check out the PAVE Calendar for upcoming trainings and events.

Disability History Month Provides Opportunities for Reflection

The history of disability rights shows how people with disabilities have worked hard to get equitable access, fair treatment, and meaningful inclusion. Key laws and strong community voices have helped shape education and civil rights. Today, it is as crucial as ever to learn, speak up, and work together to build a more inclusive society.

A Brief Overview

  • October is Disability History and Awareness Month in Washington State (RCW 28A.230.158). This month helps people learn about disabilities, raise awareness, promote respect and acceptance, and build pride among individuals with disabilities.
  • Federal and state laws, along with court decisions, have helped students with disabilities go to public school, get the services they need, and be included in general education whenever possible.
  • State law requires public schools to teach students about disability history and help them understand what it means to live with a disability.
  • Parent Centers like PAVE help families and individuals understand disability rights. To find a Parent Center outside of Washington State, visit Find My Center on the Center for Parent Information and Resources (CPIR) website.

Celebrating the History of Disability Rights

Disability History and Awareness Month in October is a time for students, families, teachers, and community leaders to remember and learn about the disability rights movement. Equity and access are protected by law, but there is still work to be done to make sure that laws are followed so that everyone has fair access to opportunities.

Organizations like PAVE help families and individuals understand disability rights. They also explain how history has shaped today’s laws, including the words we use when we talk about disability rights.

Below is a timeline of key actions at the state and federal level.

Please note that this article is an overview and does not include every law or court case from the long history of disability rights.

1954​: Brown v. Board of Education​ of Topeka

This landmark Supreme Court case was brought by families who challenged racial segregation in public schools. In Brown v. Board of Education of Topeka (1954), the Court ruled that separating students by race was unfair and violated the 14th Amendment’s promise of equal protection under the law.

‘Separate but equal’was outlawed, and equal educational opportunities became a right of all citizens. ​

The decision helped establish the principle that all students deserve equal educational opportunities. It became a foundation for future disability rights cases. Advocates used this ruling to argue that students with disabilities also have the right to attend public schools and receive a fair education.

1964​: Civil Rights Act​

The Civil Rights Act of 1964 was a major law that helped protect people from discrimination. It made it illegal for state and local governments to deny access to public places, like schools, parks, and libraries. This law confirmed that equality is a legal right, and that discrimination is against the law.

It also helped desegregate public schools and gave the U.S. Attorney General the power to take legal action against schools or other public agencies suspected of breaking the law. It also stated that agencies that didn’t follow the law could lose their federal funding.

1971: Washington guarantees special education rights

In 1971, the small but fierce Education for All Committee — Evelyn Chapman, Katie Dolan, Janet Taggart, Cecile Lindquist — worked with two law students to craft and advocate for passage of legislation (House Bill 90) to mandate public education for all children with disabilities age 3–21. HB 90 became Chapter 66 of the Laws of 1971, entitled Educational Opportunities for Handicapped Children, generally referred to as the Education for All Act. Washington’s special education law is now codified at RCW 28A.155

1972: Key precedents are established in other states

In P.A.R.C. v. Commonwealth of Pennsylvania (1971)*, a group of parents went to court to fight for their children’s right to go to public school. At the time, some schools didn’t allow children with disabilities to attend. The court decided that all children, no matter their abilities, have the right to a free public education.

A few months later, Mills v. Board of Education of the District of Columbia (1972) built on the P.A.R.C. decision. In Mills, the court found that education should not only be free and accessible to all students, but also suitable for each child’s needs. These two cases helped establish the principle that all children, regardless of ability, have the right to attend public school and receive an education suited to their individual needs.

To learn more about how individuals with intellectual disabilities gained education rights through these landmark cases, visit Disability Justice.

*Note: PAVE recognizes that past terminology has contributed to stigma. We are committed to using inclusive, disability-affirming language that reflects the preferences of individuals and communities, including identity-first and person-first approaches.

1973: The Rehabilitation Act

The rights of people with disabilities to get the help they need in order to be successful in school, at work, and in any public place or program was firmly established by the federal Rehabilitation Act of 1973. This federal law that is still active today and enforced by the Office for Civil Rights at the U.S. Department of Education. Part of it, Section 504, defines a disability as any condition that seriously affects a major life activity. If a student has a physical or mental condition that meets this definition, the school must follow the law and provide support to help the student access their education and participate in school activities.

1975: The Education for All Handicapped Children Act

In 1975, the U.S. passed the Education for All Handicapped Children Act, the first federal law focused on the education of children with disabilities. It required public schools to give students with disabilities equal access to free educational programming, along with evaluations, a specific learning plan, and input from parents. The law said that special education should emulate the learning experiences of students without disabilities as closely as possible. This means that students with disabilities have the right to a school experience that looks as much like a typical student’s program as possible. It also introduced the idea of the Least Restrictive Environment (LRE), encouraging schools to work harder to include students of many abilities in general education classrooms. To help families resolve disagreements with the school, the law outlined required dispute resolution procedures. Parents are given information about their rights through Procedural Safeguards that are shared at IEP and other official meetings.

1979: PAVE began as one of the country’s first six parent centers

Pierce County was among six locations across the country to receive training in Special Education rights. In 1979, thirty Washington parents received training on Special Education law. The goal was for those parents to share information throughout the state. To help this movement, a clearinghouse named Closer Look provided intense training for these pioneering parents about the laws. Closer Look evolved in the National Information Center for Children and Youth with Disabilities (NICHCY), and much of that work has been updated and preserved by the Center for Parent Information and Resources (CPIR), the current technical assistance center for PAVE and other parent centers across the country. CPIR continues to provide free information to professionals and parents about education rights under federal law.

To connect with a Parent Center outside Washington State, visit Find My Center on the Center for Parent Information and Resources (CPIR) website.

1981: Federal waiver program enables more children to get help at home

The federal government created a system through Medicaid to provide a new way to care for children and adults with disabilities in their homes. This system introduced a funding option called a waiver, which helps pay for in-home support. Once the first state Medicaid agency applied for and received a waiver from the federal government, other states began to apply. As a result, thousands of children who might have lived in hospitals or institutions in the past are now able to live at home. PAVE’s Family to Family Health Information Center is part of a nationwide Family Voices community that helps families understand and apply for these waivers and manage other aspects of care for their loved ones with disabilities and complex medical needs.

1988: Washington State recognizes the capacity of all persons

The Washington legislature passed RCW 71A.10.015 to recognize “the capacity of all persons, including those with developmental disabilities, to be personally and socially productive.

“The legislature further recognizes the state’s obligation to provide aid to persons with developmental disabilities through a uniform, coordinated system of services to enable them to achieve a greater measure of independence and fulfillment and to enjoy all rights and privileges under the Constitution and laws of the United States and the state of Washington.”

1990: Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) protects people from disability discrimination by the federal and state governments, including public schools. It also applies to all schools, workplaces, and any public or private place that offers goods or services to the public. The law covers people of all ages, including those who are treated unfairly because they are perceived to have a disability, even if they don’t have one.

Many ADA protections are like those found in Section 504 of the Rehabilitation Act of 1973. Both laws focus on equity and access, and they protect people with disabilities throughout their lifespan.

Understood.org offers resources for parents to learn about ADA protections in schools, including printable fact sheets. The U.S. Department of Justice provides an ADA Information Line to answer questions and help people report possible violations of the law. The Office for Civil Rights also provides guidance for students with disabilities as they plan for post-high school education programs.

1990: Individuals with Disabilities Education Act (IDEA)

The Education for All Handicapped Children Act was renamed and enacted as the Individuals with Disabilities Education Act (IDEA) in 1990. Free Appropriate Public Education (FAPE)came into being, which is still key to how schools support students with disabilities. FAPE means that every child with a disability has the right to an education that helps prepare them for further learning, work, and life. The law also protects the rights of students and their parents or guardians. Schools are required to check if a student’s program is working and make sure the student is making progress.

IDEA is an entitlement law, which means students with unique needs must get support based on their individual situation—not just what’s already available. This federal law guides how each state creates its own special education rules. In Washington State, those rules are found in the Washington Administrative Code (WAC), specifically in chapter 392-172A. Title 34, Part 104, is a federal rule that protects people from discrimination and is enforced by the Office for Civil Rights. 

1992: Rehabilitation Act Amendments

Amendments to the 1973 Rehabilitation Act focus on the abilities and choices of persons with disabilities. These changes challenge service systems and communities to support individuals as they work, live, and participate in the community. The Amendments are guided by the idea of a presumption of ability. This means that every person with a disability, regardless of the severity of the disability, can achieve employment and other rehabilitation goals, if they have the right services and support.

The primary responsibilities of the vocational rehabilitation system include:

  • Help individuals with disabilities make informed choices about jobs that lead to integration and inclusion in the community.
  • Develop an individualized rehabilitation program with the full participation of the person with a disability.
  • Match a person’s needs and interests with appropriate services and supports.
  • Work closely with other agencies and programs, including school districts, to build a strong and unified support system.
  • Focus on quality services and ensure service representatives honor the dignity, participation, and growth of each person as they explore employment options.

2000: Settlegoode v. Portland Public Schools

In 2000, the case of Settlegoode v. Portland Public Schools helped bring attention to the rights of teachers who work in special education. A former special education PE teacher filed the lawsuit after being fired for speaking up about problems with how IEPs were being followed. The court ruled that appropriate staff training is an important part of FAPE and that school staff have the right to stand up for students without being punished.

2004: IDEA Amendments

Congress updated IDEA by passing the Individuals with Disabilities Education Improvement Act (IDEIA) in 2004. Some parts of the law were changed to match the goals of the 2001 No Child Left Behind Act. Here are a few examples of updates:

  • IDEIA allowed 15 states to try out 3-year IEPs when parents agreed every year as a pilot program.
  • Based on a report of the President’s Commission on Excellence in Special Education, the law changed the requirements for evaluating children with learning disabilities.
  • New rules were added about how schools handle discipline for students in special education. These updates continue to shape discipline policies in Washington State.
  • The law strengthened the idea of Least Restrictive Environment (LRE), saying students should learn in regular classrooms with extra help and services, “to the maximum extent appropriate.”

2008: Washington schools are required to celebrate disability history each October

Washington State passed a law to create Disability History and Awareness Month (RCW 28A.230.158), which takes place every October. The legislature explained that: “annually recognizing disability history throughout our entire public educational system, from kindergarten through grade twelve and at our colleges and universities, during the month of October will help to increase awareness and understanding of the contributions that people with disabilities in our state, nation, and the world have made to our society. The legislature further finds that recognizing disability history will increase respect and promote acceptance and inclusion of people with disabilities. The legislature further finds that recognizing disability history will inspire students with disabilities to feel a greater sense of pride, reduce harassment and bullying, and help keep students with disabilities in school.”

2012: Employment First in Washington State

The Washington legislature passed Senate Bill 6384 to create Employment First requirements people age 21 and older who receive services through the Developmental Disabilities Administration (DDA). The law states, “The program should emphasize support for the clients so that they are able to participate in activities that integrate them into their community and support independent living and skills.”

The legislation:

  • Supports employment as the first choice for adults of working age.
  • Incorporates the right to transition to a community access program after nine months in an employment service.
  • Clarifies that a client receive only one service option at a time (employment or community access).

DDA Policy Document describes the history behind the law and the rules for how it would be implemented.

2013: Doug C. v Hawaii

In Doug C. v. Hawaii (2013), the court ruled that parents must be included in the IEP. The lawsuit was filed in behalf of a parent who was not included in a school meeting at which important decisions were made about their child’s IEP. The decision confirmed that families have a legal right to be part of planning their child’s education and that schools must make sure parents and guardians are involved.

2015: Every Student Succeeds Act (ESSA)

In 2015, Congress passed the Every Student Succeeds Act (ESSA) to update the Elementary and Secondary Education Act (ESEA), which had been the nation’s main education law for over 50 years. ESSA says that every child in the United States has the right to a free public education “to ensure that every child achieves.”

The law:

  • Protects the rights of disadvantaged and high-need students.
  • Requires for the first time that all students be taught to high academic standards that prepare them for college and careers.
  • Provides important information to families, educators, and communities through yearly statewide tests that show student progress toward high standards.
  • Encourages schools to use evidence-based strategies to support learning.
  • Expands access to high-quality preschool.
  • Keeps schools accountable when student groups are not making progress or graduation rates are low.

2017: Endrew F v. Douglas County School District

In Endrew F., the Court ruled that schools must offer an IEP that is reasonably calculated to enable a child to make progress, based on their individual circumstances of disability. The decision rejected the old “de minimis standard,” which allowed schools to offer only minimal progress. Trivial progress is no longer enough.

The ruling emphasized:

  • Grade-level goals for students who can learn in the general education classroom.
  • Parent participation in the IEP process.
  • Higher expectations for student growth under IDEA.

Writing for the Court, Chief Justice John G. Roberts explained that a child making only small gains would be like “sitting idly… awaiting the time when they were old enough to drop out.” The case continues to influence how schools and agencies support students with disabilities, and many professionals encourage families to hold schools accountable to these higher standards.

PAVE provides more information about parent and guardian rights to participate in their child’s education in this article: Parent Participation in Special Education Process is a Priority Under Federal Law .

Download the Disability Rights Timeline

A visual version of the timeline is available as a downloadable infographic to support learning and reflection.

Infographic of the Disability Rights Timeline. Visit wapave.org and type disability History on the search bar to read the article and receive accessible information included  in this infographic

View this infographic in PDF form

Sample Letter to Request Evaluation

Anyone with knowledge of a student may request a special education evaluation, and Washington State law requires that referrals be made in writing. Schools must respond within specific timelines and provide language access and support throughout the process. Families have the right to participate in all decisions and may dispute outcomes if they disagree. Special education is a service designed to meet individual needs, not a predetermined placement.

A Brief Overview

  • Washington State requires special education referrals to be in writing (WAC 392-172A-03005). Schools must assist individuals who cannot write.
  • Anyone with knowledge of a student can write a referral.
  • The state provides a Referral for Special Education Evaluation form for making a special education referral, available for download in multiple languages from the Office of Superintendent of Public Instruction (OSPI) website. The form is not required—any written request is valid.
  • Another option is to write a referral using the sample letter at the end of this article.
  • Schools are responsible to provide families with a referral form in their native language and to provide qualified interpreters so families can participate in all meetings to discuss their student’s special education eligibility and services.
  • Schools must respond to a referral within 25 school days and provide a Prior Written Notice (PWN) explaining their decision.
  • If the school agrees to evaluate, parent consent is required before the process begins. The evaluation must be completed within 35 school days, and an IEP developed within 30 calendar days if the student qualifies.
  • If a student is found ineligible for an IEP or the school refuses to evaluate, families may dispute the decision using procedural safeguards, request an Independent Educational Evaluation (IEE), or pursue evaluation for a Section 504 Plan.

Introduction

When a student is struggling in school and there is reason to suspect the challenges are disability related, anyone can refer the student for an educational evaluation. If the evaluation shows that the student is eligible, services are provided through an Individualized Education Program (IEP). Washington State requires special education referrals to be in writing, as specified in Washington Administrative Code (WAC 392-172A-03005).

What Schools Must Do After a Referral

If someone who knows the student asks for an evaluation, the school is responsible for:

  • Documenting the request
  • Recording the date the referral was made
  • Providing a referral form in the person’s native language
  • Responding to the request within 25 school days

If the person asking for the evaluation cannot write, the school is responsible for supporting them to complete the referral.

The school must provide a referral form in the native language of the person making the request. Schools are required to provide qualified interpreters to support parent participation in the referral process and for all meetings where a student’s eligibility and/or educational services are discussed. The Office of Superintendent of Public Instruction (OSPI) provides Parent Rights Information Sheets, downloadable in many languages on the Interpretation and Translation Services webpage.

Evaluation Process and Timelines

When a student is referred for a special education evaluation, the school has 25 school days to decide if they will do the evaluation. These are days when students are actually in school. The school must tell the family their decision in writing. This letter is called a Prior Written Notice (PWN), and it follows rules from WAC 392-172A-05010.

Usually, the school and family meet to talk about the referral and how the student is doing. If everyone agrees to move forward, the parents or caregivers sign a form giving permission for the evaluation to begin. Families can ask questions about what the evaluation will include. The school will look at all areas where the student might need help. This helps them understand the student’s strengths and challenges. If the student qualifies for special education, the results will help create a plan called an Individualized Education Program (IEP).

If the school decides not to evaluate and the family disagrees, the family has the right to take steps to solve the disagreement. These steps are explained in the procedural safeguards.

When the school agrees to evaluate the student, staff must promptly seek parent consent to begin the evaluation process (WAC 392-172A-03005).

Generally, parents sign a form that lists what the school will include in its evaluation. Parents can ask for additional areas to be evaluated to make sure the school gets data for all areas of concern. Families can ask for more information about what the evaluation will look like, where it will take place, how long it will take, and who will participate. The school and family can creatively plan the evaluation process if accommodations are needed. For example, if a student isn’t able to attend in-person school, the evaluation can be done in alternative locations.

After a parent signs consent, the school has 35 school days to finish the evaluation and meet with the family to talk about the results. The deadline may be extended if the family agrees, particularly to accommodate needs of the family or student.

The 35-day deadline does not apply if the student is unavailable for the evaluation or enrolls in another school district before the evaluation is finished (WAC 392-172A-03005).

For students found eligible for services, the school develops an IEP within 30 calendar days and requests parent consent for services to begin. The school and family meet to review a DRAFT version of the IEP and write a final version together before consent is signed. School staff provide a Prior Written Notice (PWN) with a summary of the meeting, agreements, and timelines before services start. PWN requirements are described in WAC 392-172A-05010.

How to Refer a Student for Evaluation for Special Education

The Office of Superintendent of Public Instruction (OSPI) is the guidance agency for Washington State. OSPI provides a Referral for Special Education Evaluation form, downloadable in multiple languages from a website page titled, Model Forms for Services to Students in Special Education. Families may use OSPI’s form, a form provided by their school, or their own choice of format to write their request for a student to be evaluated.

Further explanation of the referral and evaluation process is provided on the OSPI website page, Making a Referral for Special Education.

A non-discriminatory evaluation is part of the protections for a student with a known or suspected disability that may significantly impact their access to education (Child Find Mandate). Child Find protections are part of the federal Individuals with Disabilities Education Act (IDEA). Child Find applies whether there are academic and/or non-academic school impacts.

PAVE provides more detail about IEP eligibility and evaluation process: Evaluations Part 1: Where to Start When a Student Needs Special Help at School.

Sample Letter to Request an Evaluation

Below is a sample letter to write a request for a special education evaluation. You can copy and paste the text of this sample letter into your word processor to build your own letter.

Download the Sample Letter to Request an Evaluation in:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Ukrainian українська | Vietnamese Tiếng Việt

The state provides an alternative form, downloadable from OSPI’s website page titled, Making a Referral for Special Education. Your school district is responsible to provide a form, in your language, for you to submit your written request. These formats are your choice—any written request is valid. If you cannot write, you can ask for an evaluation by telling the school and they can write the request with you.

Submit your written request through email, by mail, or by hand delivery, to the special education/special services manager at your school’s district office. You may submit additional copies to school administrators and/or a school psychologist—the person who manages evaluations for your school. Be sure to keep copies of all of your communications with the school in an organized, safe place.

Special Education is a Service, Not a Location

A request for a special education evaluation is NOT a recommendation to remove a student from the regular classroom and move them into an exclusive learning environment. Federal and state laws require that students receive education and services in the Least Restrictive Environment (LRE) to the maximum extent possible to meet their needs. Special Education is a service, while LRE refers to placement. You can read more about this in the PAVE article, Special Education is a Service, Not a Place. Decisions about placement are made by the IEP team, which includes the family. The IEP team is responsible to consider the child’s circumstances and capacities as its top priority—not pre-built programs or district resources. The PAVE article, Parent Participation in Special Education Process is a Priority Under Federal Law, provides detail about parent participation in special education process.

Parents Can Appeal Decisions and/or Seek a 504 Plan

If a student is evaluated and found not eligible for an IEP (or if the school refuses to do an evaluation), the family has the right to dispute the decision using Procedural Safeguards.

If they disagree with the district’s evaluation or its findings, the family may seek an Independent Educational Evaluation (IEE), which is done by an agency outside of the school district. The district must pay for an IEE or deny the request using Due Process. See PAVE’s article: Evaluations Part 2: Next Steps if the School Says ‘No’ to Your RequestThe article includes a sample letter to request an IEE.

Another option if a student doesn’t get an IEP is to develop a Section 504 Plan, which accommodates a person with a disability that impacts a major life activity (learning, walking, speaking, writing, socializing…). Section 504 is part of the Rehabilitation Act of 1973, which protects the civil rights of individuals with disabilities against discrimination throughout their lives. See PAVE’s article about Section 504 rights, which also protect students who qualify for an IEP: Section 504: A Plan for Equity, Access and Accommodations.

Final Thoughts

Requesting a special education evaluation is a straightforward process that begins with a written referral. By following the required steps and understanding your rights, you can help ensure your student receives the support they need. Whether you use a formal form or write your own letter, the request must be clear and submitted in writing. This step initiates the evaluation process and ensures the school is legally obligated to respond.

Learn More

Online – Special Education Workshops

May 21 @ 6:00 pm 7:00 pm PDT

Present Levels & SMART Goals: Connecting the Dots in the IEP
Discover how to align present levels with meaningful, measurable SMART IEP goals that drive progress.
Presenter: Sherry Mashburn

November 20 @ 6-7 PM
Special Education Eligibility: How Schools Decide / Elegibilidad para Educación Especial: Cómo Deciden las Escuelas
Get a clear look at how school districts determine eligibility, the evaluation process, and what it means for your child’s access to special education services. / Obtenga una visión clara de cómo los distritos escolares determinan la elegibilidad, el proceso de evaluación y lo que esto significa para el acceso de tu hijo(a) a los servicios de educación especial.


January 15 @ 6-7 PM
Accommodations, Modifications, and SDI: What’s the Difference?
Discover how to align present levels with meaningful, measurable SMART IEP goals that drive progress.
Presenter: Marie Kerr

February 19 @ 6-7 PM
Discipline in Schools: What Parents Need to Know
Explore how discipline works for students with IEPs, including suspension rules, manifestation determinations, and how schools must balance safety with your child’s rights.
Presenter: Sherry Mashburn

April 23 @ 6-7 PM
High School Transition Planning: Preparing for What’s Next / Planificación de la Transición en la Escuela Secundaria: Preparándose para lo que Sigue
Learn how transition plans prepare your child for life after high school, college, work, and independent living, and how to make sure the plan reflects your child’s voice. / Aprende cómo los planes de transición preparan a tu hijo(a) para la vida después de la escuela secundaria, la universidad, el trabajo y la vida independiente, y cómo segurarte de que el plan refleje la voz de tu hijo(a).

May 21 @ 6-7 PM
Inclusion & Belonging: What Parents Should Know
Learn how inclusionary practices help students with disabilities access the general education classroom, build friendships, and thrive, while benefiting all students.
Presenter: Marie Kerr

No registration is required!
Click to join via zoom! – Meeting ID: 737 702 3071

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Get Ready for School with IEP Essentials

Every student deserves a strong start to the school year. For families of children with disabilities, preparing for school includes reviewing the Individualized Education Program (IEP). The IEP is a legal document and a living plan that outlines the supports and services a student needs to access their education. Families play a key role in shaping the IEP and making sure it works for their child.

A Brief Overview

  • The start of a new school year is a great time for families to revisit or begin the IEP process to support their student’s learning.
  • If a student doesn’t yet have an IEP, requesting an evaluation is the first step to determine eligibility for special education services.
  • Review the IEP before school starts to prepare questions and suggestions for the team.
  • Talk with your student about what to expect to reduce anxiety and build confidence.
  • Learn about the Individuals with Disabilities Education Act (IDEA) to understand your rights and responsibilities in the IEP process.
  • Communicate regularly with the IEP team to monitor progress and adjust plans as needed.
  • Gather documents, write questions, and invite support to prepare for IEP meetings.
  • Follow up after meetings to confirm next steps and maintain communication.
  • Take small, manageable steps to stay involved and support your student’s success.

Introduction

The beginning of a new school year is the perfect time to revisit your student’s Individualized Education Program (IEP). Whether your child already has an IEP or you’re just starting to explore the special education process, this season offers a fresh opportunity to reflect, plan, and engage.

As you and your student get ready for school, the most important thing is the “I” in IEP. The “I” is for “Individualized”. A thoughtful IEP highlights abilities and helps your student access the supports needed to learn. It helps ensure they receive the support necessary to learn, grow, and make meaningful progress—not just in school, but in life beyond graduation.

IEPs are built by teams, and families are essential members. When parents and students understand the process and actively participate, they help shape a plan that truly works.

What to do before the first day

If your student doesn’t have an IEP and you wonder whether a disability might be affecting their learning, now is a great time to explore the special education process. Understanding how evaluations work is the first step. If you’re unsure whether your child needs one, check out our article on How to Request an Evaluation, which explains how to get started.

Before the school year begins, review the IEP to prepare questions and suggestions for the team. PAVE recommends using their Steps to Read, Understand, and Develop an Initial IEP worksheet to guide this process.

After reviewing your student’s IEP or beginning the process to request one, the next step is ensuring your child is properly enrolled in school. Enrollment procedures vary by district, but they typically include submitting documentation, verifying residency, and understanding school assignment policies. For a clear overview of how and when to enroll your student, read this PAVE article: Starting School: When and How to Enroll a Student in School.

To help ease anxiety and build excitement, talk with your child about what to expect. Discuss new activities, classmates, and what will feel familiar. If your school offers an open house, plan to attend together. During your visit, take pictures and ask your child what they notice or wonder about. You can review the photos later to help them feel more prepared. PAVE’s article, Tips to Help Parents Plan for the Upcoming School Year, provides actionable strategies for easing anxiety, fostering independence, and creating a positive school experience.

What parents need to know about FAPE

At the heart of special education is the right to a Free Appropriate Public Education (FAPE), guaranteed by the Individuals with Disabilities Education Act (IDEA). FAPE means that students with disabilities are entitled to an education tailored to their individual needs—not a one-size-fits-all program. This is what makes IDEA unique: it ensures that every eligible student receives services designed specifically for them through an Individualized Education Program (IEP).

To qualify for an IEP, a student must go through an evaluation process to determine if a disability is impacting their education. If the student meets criteria under IDEA, they become eligible for special education services. These services are not about placing a student in a specific classroom—they’re about providing the right support, wherever the student learns. As you review your child’s IEP or prepare for meetings, ask: Is this plan appropriate and suitable for my child’s unique abilities and needs?

IDEA includes six important principles

The IDEA, updated several times since 1990, outlines legal rights for students with disabilities and their families. This PAVE article, Special Education Blueprint: The Six Principles of IDEA, explores the core principles, including: Free Appropriate Public Education (FAPE), Appropriate Evaluation, Individualized Education Program (IEP), Least Restrictive Environment (LRE), Parent and Student Participation, and Procedural Safeguards.

Effective communication is key to student success

Understanding legal rights is just the beginning—clear, consistent communication with the IEP team is one of the most effective ways to ensure your student’s plan leads to meaningful progress. Consider creating a communication plan with your child’s teachers or case manager. This might include weekly emails, a journal sent home in the backpack, scheduled phone calls, or progress reports. Be sure to have this plan written into the IEP or included in the Prior Written Notice (PWN) so everyone stays on the same page.

Writing down how you’d like to stay in touch helps the team understand what works best for your family. Get creative—what matters most is that the plan supports clear, consistent communication for the whole team. ​Here are a few ideas for ongoing communication with the school: ​

  • A journal that your student carries home in a backpack​
  • A regular email report from the Special Education teacher​
  • A scheduled phone call with the school​
  • A progress report with a specific sharing plan decided by the team​
  • Get creative to make a plan that works for the whole team! ​

Keep a log of communication with the school district and educational service providers. PAVE provides a downloadable Communication Log to help you track emails, phone calls, and texts.

Ready, set, go! 5 steps for parents to participate in the IEP process

Understanding the laws and principles of special education can help parents get ready to dive into the details of how to participate on IEP teams. Getting organized with schoolwork, contacts, calendar details, and concerns and questions will help.

This 5-step process is downloadable as an infographic.

5 Steps for Parents to Participate in the IEP Process (English)

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1. Schedule

Parents or guardians should receive a written invitation to the meeting. The school and family agree on a date and time, and the school documents efforts to include families at all IEP team meetings. If the proposed time doesn’t work, remember that parents are required members of the team—you can request a different time that works better for you. 

Ask beforehand for the agenda and a list of who will attend. This helps ensure there’s enough time to fully address the topics being discussed. If a key team member can’t attend the meeting, you have the option to either provide written consent to excuse their absence or request to reschedule if their participation is important to you. ​For a list of suggested attendees and a downloadable form to save contact information, PAVE provides a Who’s Who on the IEP Team.​

If your student already has an IEP, a re-evaluation occurs at least once every three years unless the team decides differently. A parent can ask for a re-evaluation for sooner if needed, though typically a re-evaluation will not occur more than once a year.

2. Prepare

You can ask for a copy of the evaluation results or a draft IEP before the meeting to help you prepare. It’s a good idea to gather letters or documents from medical providers or specialists that support your concerns. Writing down a few questions ahead of time can help you remember what you want to ask. You might also make a list of your student’s strengths and talents—this helps the team build on what’s already working. If you have specific concerns, you can write a letter and ask for it to be included in the IEP. Some families invite a support person to attend the meeting, someone who can take notes, help you stay focused, and offer encouragement.

3. Learn

Knowing the technical parts of an IEP will help you understand what’s happening at the meeting. The IEP is a living program—not just a document—and it can be updated anytime to better meet your child’s needs. The IEP is a work-in-progress, and the document can be changed as many times as needed to get it right and help everyone stay on track.

Familiarize yourself with the components of an IEP: 

4. Attend

At the meeting, each person should be introduced and listed on the sign-in sheet. Schools generally assign a staff member as the IEP case manager, and that person usually organizes the team meeting. Any documents that you see for the first time are draft documents for everyone to work on.

Be present and free of distractions so you can fully participate. Ask questions, share your perspective, and help keep the focus on your child’s needs and goals. If your child isn’t attending, placing a photo of them on the table may remind the team to keep conversations student-centered.

Everyone at the table has an equal voice, including you!

5. Follow up

After the meeting, follow through with the agreed communication plan. Make sure that everyone’s contact information is current and that you know how and when updates will be shared. If you still have concerns after the meeting, request a follow-up meeting or submit additional notes.

Stay organized with calendars, contact lists, and copies of important documents. Talk with your child about the upcoming year to ease anxiety and build excitement!

Tips for a smooth school year

As the school year begins, it’s important to think proactively about how to support your child’s learning and development. Establishing routines, setting goals, and building relationships with school staff can make a big difference.

If all of this sounds a little overwhelming, break the work into steps. Determine the best way to help your family stay organized with paperwork and information. Choose a calendar system that helps you track appointments and school events, such as back-to-school night or parent-teacher conferences.

Help your child’s team understand what works best for your student and share their strengths with a one-pager or a letter of introduction. PAVE provides a one-pager template, What You Need To Know About My Child, and a sample letter of introduction, Sample Letter to the IEP Team – Today Our Partnership Begins.

Let’s wrap things up!

Getting ready for school can feel like a lot, especially when your child has an IEP. But you don’t have to do everything at once. Take it one step at a time, and remember: you are not alone. This journey includes your child, and you’re walking it together. You are a vital part of your child’s team, and your voice truly matters. When families and schools work as partners, amazing things can happen. So trust yourself, speak up, and share what you know—because no one knows your child better than you. You bring love, insight, and hope to the table.

From all of us at PAVE, we wish you a happy and successful school year!

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Five Tips for a Smooth PCS

Planning ahead and staying organized can make a military move much smoother, especially for families with children who have special needs. These key strategies and ready-to-use tools can help reduce stress and support your child’s success at the next duty station.

Transcript of the video: 5 Tips for a Smooth PCS

Hey military families here are five tips for a smooth PCS.

Military families are likely to switch schools more often than other families this can require learning new rules and finding new resources.

To help plan here are five valuable tips for a smooth PCS with a child with special educational or medical needs.

Number one, organizing your files records are critical for planning and stability accessing records. Once you have left a duty station, is far more complex than getting copies to take with you save copies of evaluations educational plans and programs work samples and behavior plans.

Number two, know your resources when you are moving to a new place it is important to know who can help you contact the school liaison and Exceptional Family Member Program EFMP family service office as soon as possible. It is also good to know your child’s rights as a military student when switching schools between states. Learn about the protections under the interstate compact on educational opportunity for military children when resolving School issues.

Number three, keep open lines of communication. Keep communication lines open by responding promptly and respectfully and reach out to school staff with positive feedback as well as for problem-solving concerns.

Number four, ask questions. The individualized family service plan IFSP and individualized education program IEP or Section 504 accommodations plan are the heart of how your child will receive Services accommodations and modifications tailored to their unique needs. Never feel that you shouldn’t ask questions since you will be the single consistent factor in your child’s educational career the more you know the better you can collaborate and plan within the IEP or 504 teams.

Number five, include your student all people need the ability to understand and communicate their needs and wants. The ultimate goal for our children is to help them become self-advocates to the best extent they are capable and comfortable providing them with tools early and on an ongoing basis will help them plan for their future. In the long run it will help them to be the driver of services they need and want need. More information to support you PAVE is here to help visit us at wapave.org and find videos articles and links useful to you thanks for listening.

Introduction

Military families are likely to switch schools more often than other families. This can require learning new rules and finding new resources. To help plan, here are five valuable tips for a smooth PCS (permanent change of station, which is the military language for “relocation”) with a special educational or medical needs child.

Tip 1: Organize your files.

Records are critical for planning and stability. Accessing records once you have left a duty station is far more complex than getting copies to take with you. Keeping track of your child’s records can make the transition to a new assignment far easier. With your child’s information and records organized and up to date, you can quickly find any new trends, needs, or program changes to consider when you PCS.

  • Save copies of evaluations, educational plans and programs, work samples, and behavior plans.
  • Monitor regression by comparing student work samples and grades before, during, and after your PCS.
  • Note what has worked to support your student through previous transitions and share these successes with the Individualized Family Service Plan (IFSP), Individualized Education Program (IEP), or Section 504 team.

If your student comes from a Department of Defense Education Activity (DoDEA) school, you may also have records and evaluations from a Student Support Team (SST) or Case Study Committee (CSC).

Tip 2: Know your resources.

When you are moving to a new place, it is important to know who can help you. Contact the School Liaison and Exceptional Family Member Program (EFMP) family service office as soon as possible. They have useful information about things that can support your child’s health, well-being, and quality of life, like assignment locations, schools, housing, and other essentials. In your new state, you can also reach out to the Family Voices program. They can help you apply for public benefits such as extra money (SSI) and healthcare (Medicaid). It is also good to know your child’s rights as a military student when switching schools between states. Learn about the protections under the Interstate Compact on Educational Opportunity for Military Children and use this Step-by-Step Checklist for resolving school issues with the Interstate Compact.

Download the Essential Contact Form
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Tip 3: Keep open lines of communication.

Building strong communication links with your child’s teachers and other school officials can be critical. Remember to keep track of notes, emails, texts, and conversations. Always follow up on agreements with a note summarizing what was agreed to and any timelines. Building a solid relationship with your child’s teachers will help you address potential difficulties while they are minor issues and build trust among all team members. Discuss all the efforts that are helping your child. Keep communication lines open by responding promptly and respectfully, and reach out to school staff with positive feedback, as well as for problem-solving concerns.

Tip 4: Ask questions.

The Individualized Family Service Plan (IFSP) and Individualized Education Program (IEP), or Section 504 Accommodations Plan, are the heart of how your child will receive services, accommodations, and modifications tailored to their unique needs. Never feel that you shouldn’t ask questions. Terms can change from place to place, but what the service includes will follow strict guidelines set up through the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA). Since you will be the single consistent factor in your child’s educational career, the more you know, the better you can collaborate and plan within the IEP or 504 teams. Locate and contact the Parent Training and Information (PTI) center in your new state to assist you in navigating this process. Students and families in Washington State may contact PAVE for one-on-one support, information, and training through our Get Help request form.

Tip 5: Include your student.

All people need the ability to understand and communicate their needs and wants. The ultimate goal for our children is to help them become self-advocates to the best extent they are capable and comfortable. Providing them with tools early and on an ongoing basis will help them plan for their future. In the long run, it will help them to be the driver of services they need and want.

It’s PCS Time! Social Story

This original social story, “It’s PCS Time!”, is made to help military kids understand and handle the feelings that come with moving. A PCS can be confusing and emotional for children who might not know why they have to leave their home, friends, and routines. This story uses simple words and pictures to explain what happens during a move, helping kids feel more ready and less worried. Parents can read this story with their child to talk about the move, help them feel understood, and make the change feel a little less scary. Reading it before, during, and after the move can help kids feel more comfortable in their new home.

Download It’s PCS Time! Social Story:
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Learn More

These are just a few tips on navigating the special education and medical systems when PCS’ing. If you want to learn more, visit our event calendar for upcoming trainings and register today. The Events page lists upcoming opportunities to learn on-demand (recorded), online learning, and with peers. You can choose from a range of topics and select what’s best for you – self-paced, peer-to-peer, in-person, or virtual learning.  These events cover topics like special education, advocacy, disability rights, and family support. It’s a place to stay connected, learn new skills, engage with others in the disability community, and share your wisdom with others.

Are you looking for something more personalized and at your pace? Check out our on demand Learning Library!

Getting to Know the Individualized Family Service Plan (IFSP)

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
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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 

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.


Learn More

Beyond School Walls: A Guide to Homeschooling in Washington State 

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

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.

Simple Instructions on How to Get Help From PAVE!

How to Get Help from PAVE (Simple Instructions)

This page shares a short video that shows how to request help from PAVE. If you prefer not to watch the video, a text version of the instructions is included below.

Text version (step-by-step)

  1. Go to wapave.org.
  2. Select Get Help.
  3. Scroll to Select your role, then choose the option that best fits you.
  4. Fill out the support request form (fields marked with an asterisk * are required). Be sure to include your name and at least one way to contact you (phone and/or email).
  5. Complete the “I’m not a robot” check (CAPTCHA), then select Submit.
  6. After you submit, check your email and voicemail for a response from PAVE.

Accessibility note: Captions are available in the video player. A transcript is not posted on this page, but PAVE can provide one upon request (and can share information in another format if needed).

Need Help Another Way?

  • If you can’t use the online form, you can contact PAVE by phone or email.
  • Share your name, the best way to reach you, the best time to call, and a short description of what you need help with.
  • If your situation is an emergency, call 911.

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

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. 

Procedural Safeguards: Student and Parent Rights in Special Education

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.