A Brief Overview
- Governor Jay Inslee announced April 6, 2020, that Washington school buildings are closed to regular instruction at least through the end of the school year because of the COVID-19 pandemic.
- During the shutdown, schools and families are seeking creative ways to help all children learn, said Washington’s Superintendent of Public Instruction, Chris Reykdal, who participated in the April 6 press conference with Gov. Inslee. “Especially during times of uncertainty,” Reykdal said, “students need our support. They need grace, and structure, and routine. Even though the world may feel like it’s upside down, our students need to know that we will move forward.”
- PAVE’s program to provide Parent Training and Information (PTI) continues to offer 1:1 support by phone in addition to online learning opportunities. Please refer to our home page at wapave.org to “Get Help” or to check the Calendar for upcoming events. A PTI webinar recorded live March 26, 2020, provides information about the rights of students with disabilities.
- For questions about delivery of special education during the school building closures, families also can visit the website of the Office of Superintendent of Public Instruction (OSPI), which maintains a page, Special Education Guidance for COVID-19. Ways to support inclusion during the closures and a downloadable spreadsheet of online and offline resources for continuing learning are clickable links on that page.
- Providing families with access to meals has been a priority for schools. An interactive map on the website of Educational Service District 113 includes information from schools across Washington about where meals are delivered and addresses for where families can pick up free food by “Grab-and-Go.”
- The U.S. Department of Education has created a website page to address COVID-19. Links on the website, gov/coronavirus, include a Fact Sheet titled, Addressing the Risk of COVID-19 in Schools While Protecting the Civil Rights of Students, issued by the department’s Office for Civil Rights (OCR).
- For additional resources, see Links to Support Families During the Coronavirus Crisis and Links for Learning at Home During School Closure.
With school buildings closed to help slow the spread of the novel coronavirus (COVID-19), families have many questions about how children can access meals, childcare and basic education. Recognizing that too much information can be overwhelming, PAVE provides this article to help families with children impacted by disability understand a few key issues during this challenging time. Included throughout are links to information on official websites that are frequently updated.
Nationally, agencies that provide guidance to schools have been in conversation about the challenge of providing equitable education to all students as learning that respects the requirement for “social distancing” becomes the only option. The U.S. Department of Education is tracking much of that work on its website, gov/coronavirus.
Most schools in Washington resumed services with distance learning on March 30, 2020. Some districts planned a later start because of spring break schedules. Chris Reykdal, Washington’s Superintendent of Public Instruction, issued guidance that all schools within the state offer something in order to engage students in learning.
He emphasized that families and schools should maintain an attitude of creativity and patience and that the goal is not to overwhelm parents and students. The guidance is not a mandate for students, Reykdal said, and the state is not directing schools to grade student work during this period of distance learning. The expectation is that districts “are sending opportunities for families and checking in,” he said in comments quoted in a March 30 broadcast and article from KNKX, a National Public Radio affiliate.
Various federal and state laws protect students with disabilities and their right to a Free Appropriate Public Education (FAPE), regardless of the nature or severity of the disability. How to provide education that is appropriate and equitable when school buildings are closed is a national conversation. In Washington State, the Office of Superintendent of Public Instruction (OSPI) is continuously updating guidance for schools and families on these topics.
An OSPI website page devoted to special education topics during the COVID-19 shutdown includes this guidance: “If the district continues providing education opportunities to students during the closure, this includes provision of special education and related services, too, as part of a comprehensive plan.”
In a March 18, 2020, letter to school staff who support Individualized Education Programs (IEPs), OSPI encouraged IEP reviews and evaluations to continue as possible: “School districts are encouraged to continue to hold IEP and evaluation meetings through distance technology whenever possible, and if agreed upon by parents and school staff are available.”
Meals are a top priority
The Superintendent of Public Instruction, Chris Reykdal, provided information March 19, 2020, in a webinar sponsored by the Washington League of Education Voters. Note: the League of Education Voters offers a comprehensive listing of COVID-19 resources.
Reykdal said that OSPI has prioritized food distribution for students as its most important role during the shutdown. He said some districts deliver food to stops along regular bus routes. Others have food pick-up available in school parking lots. For the most current information about how a district is making meals available for students, families are encouraged to check their local district website or call the district office. OSPI provides a list of districts throughout the state, with direct links to district websites and contact information.
An interactive map on the website of Educational Service District 113 includes information from schools across Washington about where meals are delivered and addresses for where families can pick up free food by “Grab-and-Go.”
Childcare options are difficult to design
Second priority, according to Reykdal, is childcare for parents who rely on outside help so they can work. Families are encouraged to contact local districts for current information about childcare. OSPI encourages only small and limited gatherings of children, so provisions for childcare and early learning have been difficult to organize, Reykdal said. He emphasized that public health is the top concern. “We have to flatten that curve,” he said, referencing a widely shared graphic that shows what may happen if the virus is not slowed by intentional measures.
Note that the Centers for Medicare and Medicaid have relaxed rules in order to give states more flexibility in providing medical and early learning services through remote technologies. The Early Childhood Technical Assistance Center (ECTA) has created a webpage on teleintervention. Topics include training for families learning to navigate technology for online learning and appointments.
Equity is required in education
Thirdly, Secretary Reykdal on March 19 addressed work underway to create new models for distance learning. “Everyone needs to be super patient about this because while districts are preparing to deploy some education, it will look different. And there are serious equity concerns we have to focus on. We expect districts as they launch this to have an equitable opportunity for all students. English language learners need special supports. Our students with disabilities need supports.”
At the April 6, 2020, press conference, Reykdal mentioned that some schools may open on a very limit basis in order to provide services to a few children with significant disabilities. He said OSPI would be consulting with schools throughout the state to develop models for best-practice IEP implementation during the national crisis. “Especially during times of uncertainty,” he said, “students need our support. They need grace, and structure, and routine. Even though the world may feel like it’s upside down, our students need to know that we will move forward.”
PAVE is here to help!
PTI director Jen Cole addressed some topics related to educational access during a March 19, 2020, podcast hosted by Once Upon a Gene. In addition to providing general information about the rights of students with disabilities, Cole shares her own experience as a parent of an elementary-age student with a disability.
PAVE has added new links on our website to help families navigate these new circumstances. On our homepage, wapave.org, find the large blue button labeled View Links. Clicking on that button will open a list of options. Two new options provide guidance related to the pandemic:
- Links for Learning at Home During School Closure: This a resource collection of agencies providing online learning opportunities for various ages.
- Links to Support Families During the Coronavirus Crisis: This is a resource collection of agencies that provide information related to the pandemic.
Please note that resources listed are not affiliated with PAVE, and PAVE does not recommend or endorse these programs or services. These lists are not exhaustive and are provided for informational purposes only.
OSPI offers guidance for families
The Office of Superintendent of Public Instruction (OSPI) is the state education agency charged with overseeing and supporting Washington’s 295 public school districts and seven state-tribal education compact schools. As communities respond to the COVID-19 outbreak, OSPI offers a downloadable guide for parents and families.
Included is a section for parents of students in special education. While in session, districts maintain the responsibility to provide a Free Appropriate Public Education (FAPE) to students eligible for special education. “Districts should be communicating with parents and guardians prior to, during, and after a school closure regarding their child’s IEP services,” OSPI states.
Parents may want to consider whether compensatory education or Extended School Year (ESY) services will be needed. The general rights to these services are further described in an article about ESY on PAVE’s website.
Making notes in order to collect informal data about any regression in learning during the shutdown may be important later. OSPI’s resource guide states: “After an extended closure, districts are responsible for reviewing how the closure impacted the delivery of special education and related services to students eligible for special education services.”
OSPI reminds families that schools are not required to provide special education services while they are fully closed to all students.
OSPI addresses issues related to racism
In its guidance, OSPI encourages schools to intentionally and persistently combat stigma through information sharing: “COVID-19 is not at all connected to race, ethnicity, or nationality.”
OSPI advises that bullying, intimidation, or harassment of students based on actual or perceived race, color, national origin, or disability (including the actual disability of being infected with COVID-19 or perception of being infected) may result in a violation of state and federal civil rights laws:
“School districts must take immediate and appropriate action to investigate what occurred when responding to reports of bullying or harassment. If parents and families believe their child has experienced bullying, harassment, or intimidation related to the COVID-19 outbreak, they should contact their school district’s designated civil rights compliance coordinator.”
U.S. Department of Education provides written guidance and a video
The U.S. Department of Education provides a website page to address COVID-19. Links on the website, ed.gov/coronavirus, include a Fact Sheet titled, Addressing the Risk of COVID-19 in Schools While Protecting the Civil Rights of Students, issued by the department’s Office for Civil Rights (OCR):
“Section 504 of the Rehabilitation Act of 1973 prohibits disability discrimination by schools receiving federal financial assistance. Title II of the Americans with Disabilities Act of 1990 prohibits disability discrimination by public entities, including schools. Title VI of the Civil Rights Act of 1964 prohibits race, color, and national origin discrimination by schools receiving federal funds….
“School districts and postsecondary schools have significant latitude and authority to take necessary actions to protect the health, safety, and welfare of students and school staff….As school leaders respond to evolving conditions related to coronavirus, they should be mindful of the requirements of Section 504, Title II, and Title VI, to ensure that all students are able to study and learn in an environment that is safe and free from discrimination.”
On March 21, 2020, the department issued a Supplemental Fact Sheet to clarify that the department does not want special education protections to create barriers to educational delivery options: “We recognize that educational institutions are straining to address the challenges of this national emergency. We also know that educators and parents are striving to provide a sense of normality while seeking ways to ensure that all students have access to meaningful educational opportunities even under these difficult circumstances.
“No one wants to have learning coming to a halt across America due to the COVID-19 outbreak, and the U.S. Department of Education does not want to stand in the way of good faith efforts to educate students on-line. The Department stands ready to offer guidance, technical assistance, and information on any available flexibility, within the confines of the law, to ensure that all students, including students with disabilities, continue receiving excellent education during this difficult time.”
The Department’s Office for Civil Rights (OCR) released a YouTube video March 17, 2020, to describe some ways that OCR is providing technical assistance to schools attempting to offer online learning that is disability accessible. Kenneth L. Marcus, assistant secretary for civil rights within the Department of Education, opens the video by describing federal disability protections:
“Online learning is a powerful tool for educational institutions as long as it is accessible for everyone. Services, programs and activities online must be accessible to persons, including individuals with disabilities, unless equally effective alternate access is provided in another manner.”
Help is available from Parent Training and Information (PTI)
Families who need direct assistance in navigating special education process can request help from PAVE’s Parent Training and Information Center (PTI). PTI is a federally funded program that helps parents, youth, and professionals understand and advocate for individuals with disabilities in the public education system. For direct assistance, click “Get Help” from the home page of PAVE’s website: wapave.org.
PTI’s free services include:
- Training, information and assistance to help you be the best advocate you can be
- Navigation support to help you access early intervention, special education, post-secondary planning and related systems in Washington State
- Information to help you understand how disabilities impact learning and your role as a parent or self-advocate member of an educational team
- Assistance in locating resources in your local community
- Training and vocabulary to help you understand concepts such as Free Appropriate Public Education (FAPE), an entitlement for individuals who qualify for special education under the Individuals with Disabilities Education Act (IDEA).
A Brief Overview
- Special Education is provided through the Individualized Education Program (IEP) for a student with a qualifying disability. The first step is to determine eligibility through evaluation. This article describes that process.
- Specially Designed Instruction (SDI) is the “special” in special education. The evaluation determines whether SDI is needed to help a student overcome barriers of disability to appropriately access education. Learning to ask questions about SDI can help families participate in IEP development. Read on to learn more.
- Parents can request an evaluation by submitting a written letter to the school district. PAVE offers a template to help with letter writing.
- For more detail about what happens when a student qualifies for special education, PAVE’s website includes a short video, Overview of IEP Process; a more detailed on-demand webinar, Introduction to Special Education; and an article about IEP Essentials.
If a student is having a hard time at school and has a known or suspected disability, the school evaluates to see if the student qualifies for special education. If eligible, the student receives an Individualized Education Program (IEP). Information collected during the evaluation is critical for building the IEP, which provides specialized instruction and other supports in a unique way for each student.
The school follows specific deadlines for an evaluation process, which are described in the state laws provided in the links connected to each of these bullet points:
- The district must document a formal request for evaluation and make a decision about whether to evaluate within 25 school days (WAC 392-172A-03005).
- After consent is signed, the school has 35 school days to complete the evaluation (WAC 392-172A-03005).
- If a student is eligible, the school has 30 calendar days to hold a meeting to develop an initial IEP (WAC 392-172A-03105).
Evaluation is a 3-part process
Not every student who has a disability and receives an evaluation will qualify for an IEP. The school district’s evaluation asks 3 primary questions in each area of learning that is evaluated:
- Does the student have a disability?
- Does the disability adversely impact education?
- Does the student need Specially Designed Instruction (SDI)?
If the answer to all three questions is Yes, the student qualifies for an IEP. After the evaluation is reviewed, the IEP team meets to talk about how to build a program to meet the needs that were identified in the evaluation. Each area of disability that meets these three criteria is included as a goal area on the IEP.
The needs and how the school plans to serve those needs gets written into the section of the IEP document called the Present Levels of Academic Achievement and Functional Performance—sometimes shortened to Present Levels of Performance (PLOP). Becoming familiar with the PLOP section of the IEP is important for family members who participate on IEP teams. IEP goals flop without good PLOP!
Bring ideas to the evaluation review meeting
After an initial evaluation is finished, the school arranges a meeting to review the results and determine whether the student qualifies for services. The evaluation review meeting can include time for family members, students and outside service providers to share ideas about what’s going on and what might help. PAVE provides a tool to help parents and students get ready for this and other important meetings by creating a Handout for Meetings.
Read on for ideas about what to do if the school determines that a student doesn’t qualify for IEP services and parents/caregivers disagree or want to pursue other types of school support.
If a student qualifies for special education, new input can be added to information from the evaluation that is automatically included in the PLOP. The present levels section of the IEP is important because it provides space to document the creative ideas that will support the student at school. This section can provide answers to this question: How will the school support the student in meeting annual goals?
Remember that the 3-part evaluation determines whether the student needs Specially Designed Instruction (SDI). SDI is the “special” in special education. SDI is provided through individualized teaching methods, and its success is tracked and measured through progress on the IEP goals.
Progress monitoring is required annually but can be done throughout the year with a communication strategy designed by the school and family. That communication strategy can be written into the IEP document. PAVE’s article about SMART Goals and Progress Tracking can help families better understand how to participate in follow-through to make sure that the special education program is helping the student make meaningful progress.
FAPE is a special education student’s most important right
Whether the student makes meaningful progress is also a measure of whether the school district is meeting its obligation to provide a Free Appropriate Public Education (FAPE), the primary entitlement of a student who qualifies for special education under criteria established by the Individuals with Disabilities Education Act (IDEA).
PAVE provides an article about the history of special education with more detail about how FAPE became the standard for special education service delivery.
When a student is evaluated, the results are reviewed by a team that includes school staff and the family. The team discusses whether the student qualifies for special education. If yes, then the IEP process begins to determine how best to deliver FAPE. In other words, how will the school district provide an appropriate education to meet a student’s unique needs, in light of the circumstances of disability?
PAVE provides an article describing the IDEA and its six primary principles as the Foundation of Special Education. In addition to FAPE, the primary principles include: appropriate evaluation, IEP, parent and student involvement, education in the Least Restrictive Environment (LRE) and Procedural Safeguards, which provide dispute options and protections to make sure schools follow federal and state rules.
A referral starts the evaluation process
A parent/guardian, teacher, school administrator, service provider or other concerned adult can refer a student for evaluation. PAVE’s recommended guidelines for requesting an evaluation in writing are included later in this article.
If the school agrees to evaluate, a variety of tests and questionnaires are included. The evaluation looks for strengths and difficulties in many different areas, so input from parents, teachers and providers is critical. Generally, the evaluation reviews developmental history and assesses cognition, academic achievement and “functional” skills. Listed below are some common skill areas to evaluate:
- Functional: Functional skills are necessary for everyday living, and deficits might show up with tasks such as eating, handling common classroom tools or using the restroom.
- Academic: Testing in specific academic areas can seek information about whether the student might have a Specific Learning Disability, such as dyslexia.
- OT and Speech: Occupational Therapy and Speech/Language can be included as specific areas for evaluation, if there is reason to suspect that deficits are impacting education.
- Social-Emotional Learning: Many evaluations collect data in an area of education called Social Emotional Learning (SEL), which can highlight disabilities related to behavior, social interactions, mental health or emotional regulation. It’s common for parents to fill out an at-home survey as part of an SEL evaluation process.
- Autism Spectrum: Testing can look for disability related to autism spectrum issues, such as sensory processing or social difficulties. Testing in this area can be done regardless of whether there is a medical diagnosis.
- Adaptive: How a student transitions from class-to-class or organizes materials are examples of adaptive skills that might impact learning.
Please note that strengths are measured alongside challenges and can provide important details for a robust program. The first part of a present levels statement can always include statements about what the student does well.
Eligibility Categories of Disability
Areas of evaluation are associated with the 14 categories of disability that are defined as “eligibility categories” under the IDEA. These are broad categories, and sometimes there is discussion about which is the best fit to capture information about a student’s unique situation. Please note that there is no such thing as a “behavior IEP” or an “academic IEP.” After a student qualifies, the school is responsible to address all areas of need and design programming, services and a placement to meet those needs. An IEP is an individualized program, built to support a unique person and is not a cut-and-paste project based on the category of disability.
This list includes some common diagnoses and/or issues that come up within each of the IDEA’s 14 categories.
- Autism: A student doesn’t need a medical diagnosis to be evaluated in the area of autism. If features from the autism spectrum of disability may significantly impact access to education, then the school can assess those features to determine eligibility and special education needs.
- Emotional Disturbance: Anxiety, Depression, Serious Mental Illness and/or behavior disabilities can fall under this category, which Washington schools often refer to as Emotional Behavioral Disability (EBD).
- Specific Learning Disability: Issues related to dyslexia, dysgraphia, dyscalculia or other learning deficits can be educationally assessed. A formal diagnosis is not required for a student to qualify under this category.
- Other Health Impairment: ADHD, Tourette’s Syndrome and other medical diagnoses are captured within this broad category, often shorted to OHI or Health-Impaired on the IEP document.
- Speech/Language Impairment: This category can include expressive and/or receptive language disorders in addition to issues related to diction. Social communication deficits might qualify a student for speech services.
- Multiple Disabilities: Students with complex medical and learning needs can meet criteria in this category.
- Intellectual Disability: A student with Down Syndrome or another genetic or cognitive disorder might meet criteria in this category.
- Orthopedic Impairment: OI refers to physical disabilities that impact access to education.
- Hearing Impairment: Note this is a separate category from deafness or deaf-blindness, as educational testing and identified needs may differ.
- Deaf blindness
- Visual Impairment/Blindness
- Traumatic Brain Injury: Brain Injury Alliance of WA is a good place for resources to better understand TBI and how to support a student with medical and educational needs.
- Developmental Delay (ages 0-8): This category can qualify a child for early learning (Birth-3) services in addition to IEP services through age 8. By age 9, a new evaluation may determine eligibility in another category for IEP services to continue.
Child Find requires school districts to evaluate
Appropriate evaluation is a key principle of the Individuals with Disabilities Education Act (IDEA). The IDEA includes a mandate called Child Find, which requires school districts to seek out, evaluate and serve students ages Birth-21 who have known or suspected disabilities that may impact school success or access. PAVE has an article about the Child Find Mandate, which applies to all children, including those who go to public or private schools. Children who are homeless or wards of the state are included, as are children who move a lot. Children who are “advancing from grade to grade” are included in the mandate, if they may have disabilities that impact learning in non-academic areas of school.
Here are some considerations:
- Child Find mandates evaluation if there is reason to suspect a disability.
- Students who are failing or behind their peers might have challenges related to language or access to school that don’t indicate a disability.
- Parents who don’t understand the school’s reason can request a written explanation.
- Schools cannot refuse to evaluate because of budgetary constraints. They also cannot refuse because they want to try different teaching strategies. School staff might use the term Response to Intervention (RTI). Although the school might benefit from a review of its methods, RTI is not a basis for refusing to evaluate a child for a suspected disability.
Deadlines start when a referral is made
When a student is referred for an evaluation, the school follows a schedule of deadlines. Parents can mark a calendar to track these timelines. To make sure deadlines are followed, PAVE recommends that formal requests and communications are made and stored in written form. Parents can always request a written response from the school or write down a response made verbally and send a “reflective” email that includes detail about what was discussed or decided. That reflective email creates a written record of a conversation.
Districts have 25 school days to respond to a request for evaluation. Some schools invite parents to a meeting to discuss concerns. Being prepared with a written statement can help. Parents can also share information from doctors or outside providers.
Before a school evaluates a student, the parent/guardian signs consent. If school staff recommend an evaluation and parents do not agree or sign consent, then the school does not conduct the evaluation. Please note that parents are consenting to the evaluation, so that parents and schools can make an informed decision about what to do next. Parents can choose at the next step whether to sign consent for a special education program to begin.
If a parent initiated the referral and the school doesn’t respond or denies the request for an evaluation, the parent can request an answer in writing. PAVE provides an article about what to do if the school says no to your evaluation request.
What happens next if the school agrees to evaluate?
If all agree that an evaluation is needed, and a parent/guardian signs a formal document giving permission, then the school completes the evaluation within 35 school days.
In compliance with the IDEA, an evaluation for special education is non-discriminatory. If the child cannot read, for example, the testing uses verbal instructions or pictures. The child’s native language is honored. Schools have a variety of tools available to eliminate bias. Parents can take action if they disagree with the way testing was done or the way it was interpreted.
The IDEA requires schools to use “technically sound” instruments in evaluation. Generally, that means the tests are evidence-based as valid and reliable, and the school recruits qualified personnel to administer the tests. The IDEA is clear that a singular measure, such as an Intelligence Quotient (IQ) test, does not meet the standard for an appropriate evaluation.
Don’t be intimidated by fancy language!
The formal language of the IDEA and the evaluation process can feel intimidating, but parents need to remember that they have a critical role as the experts and long-term investors in their child. If the evaluation data is confusing, parents can ask the school to provide charts or graphs to make it clear. Parents have the right to ask questions until they understand the evaluation process and what the results mean.
A primary goal of evaluation is to identify a child’s strengths and needs in the general education environment. Regular classrooms are the Least Restrictive Environment (LRE) unless a student is unable to succeed there. The evaluation determines whether a student needs extra help in the general education setting, and the IEP team uses information gathered through evaluation to recommend and develop an initial program.
The IEP isn’t a one-and-done project
The IEP shifts and changes with the needs of the student, so the initial evaluation is only the beginning. A new evaluation is required by the IDEA at least every 3 years, but a new evaluation can be initiated earlier if there’s a question about whether the program is working. The school and family are always collecting new information and insights, and the IEP adapts in real time with new information.
For example, the school might document that a student is failing to access learning in general education despite help that was carefully designed to make the setting accessible. Then the IEP team, which includes a parent or guardian, might discuss placement in a more restrictive setting.
What if I don’t agree with the school?
Parents can always ask school staff to describe their decisions in writing, and parents have rights guaranteed by the IDEA to informally or formally dispute any decision made by the school. The Center for Appropriate Dispute Resolution in Special Education (CADRE) offers a variety of guidebooks that describe these options. In Washington State, the Office of Superintendent of Public Instruction (OSPI) provides state-specific guidelines for dispute resolution. PAVE provides an on-demand webinar about conflict engagement: Parents as Partners with the School.
Recommended guidelines for requesting an evaluation
Make the request in writing! PAVE provides a sample letter to help.
- Address the letter to the district’s special education director or program coordinator.
- Deliver the request by email, certified mail, or in person. To hand-deliver, request a date/time stamp or signature at the front office to serve as a receipt.
- Track the days the district takes to respond. The district has 25 school days (weekends and holidays excluded) to respond.
Items to include in the referral letter:
- The student’s full name and birthdate.
- A clear statement of request, such as “I am requesting a full and individual educational evaluation for [the student].”
- A statement that “all areas of suspected disability” be evaluated.
- A description of concerns. Include any details provided by the student about what is working or not working at school, during transportation or related to homework. Consider all areas of school, not just academic ones.
- Include any detail about past requests for evaluation that may have been denied.
- Attach letters from doctors, therapists, or other providers who have relevant information, insights, or diagnoses (NOTE: medical information is offered voluntarily and not required to be shared).
- Parent/legal caregiver contact information and a statement that consent for the evaluation will be provided upon notification.
After receiving a letter of request for evaluation the school district has the responsibility to:
- Document the referral.
- Notify parent/caregiver, in writing, that the student has been referred for evaluation.
- Examine relevant documents from family, the school, medical providers, and other involved agencies.
- Tell parents/caregivers in writing, within 25 days, about the decision to evaluate or not. This formal letter is called “Prior Written Notice.”
- Request formal written consent for an evaluation.
- Complete the evaluation within 35 school days after consent is signed.
- Schedule a meeting to share evaluation results with a team that includes family to determine next steps.
- Initiate development of an IEP, if the student qualifies.
Evaluation for Behavior Supports
Sometimes a Functional Behavior Analysis (FBA) is conducted alongside an educational evaluation when behavior is a primary feature of a child’s difficulty at school. The FBA uses tools and observation to identify triggers and unskilled coping strategies that can help explain areas of need for learning. The FBA provides the foundation for a Behavior Intervention Plan (BIP), which supports positive choices. BIP goals and strategies prioritize social skill development and emotional regulation tools. The BIP can be a stand-alone document or can be used with an IEP or a Section 504 Plan (see below). PAVE provides a variety of articles about Positive Behavior Interventions and Supports.
A student may qualify for a Section 504 Plan, if not an IEP
Section 504 is part of the Rehabilitation Act of 1973. This Civil Rights law protects individuals with disabilities that severely impact “major life activities,” such as learning, breathing, walking, paying attention, making friends… The law is intentionally broad to capture a wide range of disability conditions and how they might impact a person’s life circumstances.
Sometimes students who don’t qualify for the IEP will qualify for accommodations and other support through a Section 504 Plan. PAVE has an article about Section 504, which provides an individual with protections throughout the lifespan. Note that Section 504 anti-discrimination protections apply to students with IEPs and Section 504 Plans. Key protections provide for equitable opportunities, access and non-discriminatory policies and practices. These protections might be part of the discussion if a student, because of disability, is denied access to a field trip, extracurricular opportunities, a unique learning environment or something else that is generally available to all students.
Section 504 includes specific provisions to protect students from bullying related to disability conditions: A US Department of Education Dear Colleague letter about bullying describes those protections as an aspect of a school district’s responsibility to provide FAPE.
Independent Educational Evaluation (IEE)
If parents/caregivers disagree with the evaluation or the school’s decision to decline support services, they can pursue a request for an Independent Educational Evaluation (IEE). Making this request in writing encourages a professional response. When granting a request for an IEE, the school district provides a list of possible examiners and covers the cost. If the school district denies an IEE request, the district initiates a due process hearing within 15 calendar days to show that its initial evaluation was appropriate.
Here are additional resources:
Washington laws regarding evaluation are in 392-172A, 03005-03080, of the Washington Administrative Code (WAC)
Office of Superintendent of Public Instruction (OSPI): k12.wa.us
Center for Parent Information and Resources (English and Spanish): Parentcenterhub.org
Smart Kids with Learning Disabilities: smartkidswithld.org
PAVE’s Parent Training and Information (PTI) team can provide you with 1:1 support and additional resources. Here are ways to Get Help:
Call 1-800-5PARENT (572-7368) and select extension 115, English or Spanish available, to leave a dedicated message.
Go online to fill out a form to Get Help! Use the Google translate to make it to the language you use the best!
A Brief Overview
- October is Disability History Awareness Month, providing an opportunity for policy makers, teachers, families and people throughout communities to reflect on the disability rights movement and work that still needs advocacy.
- State agencies collaborated to share biographical videos of middle-school students talking about their own diverse experiences with disability: One Out of Five: Disability History and Pride Project.
- Understanding how historical actions have impacted the vocabulary of disability rights can help families in current advocacy. The ADA Legacy Project features specific “Moments in Disability History” with videos, articles and other archival materials.
- This article highlights some key laws and legal actions that have impacted school access for students with disabilities.
In the early part of the 20th century individuals with developmental, intellectual and other disabilities were often isolated from their communities and denied basic access to education. Many lived in large institutions, and it’s well known that those asylums were traumatizing for individuals and segregated them from their families.
October is Disability History Awareness Month, providing an opportunity for policy makers, teachers, families and people throughout communities to reflect on the disability rights movement. Many agencies provide videos about disability history. Here is one 7-minute documentary that provides a summary of the eugenics* movement through current laws that protect rights for educational access: Disability Rights Activist Movement Documentary.
*Note: Eugenics involved the forced sterilization of individuals because of disability conditions. Parents may want to discuss topics in a developmentally appropriate way before sharing this or other historical information with children. An online children’s encyclopedia called Kiddle provides Eugenics Facts for Kids.
Washington State in 2008 passed a law that requires public schools to promote educational activities to enhance awareness of disabilities and the history of protections available to individuals with disabilities. A collection of historical biographies and artwork by school children is available online. The Revised Code of Washington (RCW 28A.230.158) includes this statement of findings:
“The legislature finds 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.”
The Office of the Educational Ombuds (OEO), in collaboration with the Rooted in Rights documentary project that is part of Disability Rights Washington, created a set of biographical videos of middle-school students talking about their own diverse experiences with disability. Access the videos and other educational materials on OEO’s website under the project’s title: One Out of Five: Disability History and Pride Project.
“One out of five people in the United States has a disability, and this resource is designed to celebrate the history and identities within this large and diverse community,” OEO states on its introductory page for the project.
Note: OEO provides online resources and 1:1 support when special education issues are not resolved through collaboration. A PAVE article about conflict resolution describes OEO as one of the “Three O’s” that can assist families when there is a question about whether student rights are being upheld. OSPI and the Office for Civil Rights are the other two O’s.
Disability rights activities can be traced back hundreds of years. Diversity Inc provides a PDF timeline that starts in the mid-1700s, with information about early hospital wards for individuals with mental illness. A few key historical points of note on this extensive timeline include passage of the Social Security Act of 1935, the launching of Medicaid in 1965 and the 1978 founding of US Department of Education’s National Council on Disability.
Understanding how historical actions have impacted the vocabulary of disability rights can help families in current advocacy. In an article providing history about special education law, the US Department of Education includes data showing that in the early 1970s, public schools educated only one out of five children with disabilities. Even though civil rights laws had been written and enacted, many states still had laws rejecting children from schools because they were deaf, blind, emotionally disturbed, or intellectually disabled.
Parent Centers like PAVE, which began in 1979, participate in making sure that families and individuals understand disability rights and how history has impacted current protections and the language of disability rights. Please note that this article is an overview and does not include every law or legal action involved in the long and complicated history of disability rights.
1954: Brown versus Topeka Board of Education
- Separate but Equal was outlawed, and Equal Educational Opportunities became a right of all citizens.
1964: Civil Rights Act
- Prohibited state and local governments from denying access to public facilities, establishing equality as a legal right and discrimination as illegal.
- Desegregated public schools and authorized the U.S. Attorney General to file lawsuits for suspected violations.
- Established that agencies could lose federal funding for breaking the law.
1972: Key State Precedents
- P.A.R.C. v. Commonwealth of Pennsylvania*
- Established Free Public Education for all students.
- Mills versus Board of Education of DC
- Established accessible, free and suitable education for all children of school age, regardless of disability or impairment
In Pennsylvania parents led a class action suit that established that all children, regardless of their skill level, have a right to go to school for free. A few months later, a Washington, DC, court ruled that education should be free and accessible and “suitable.” These two cases set up the country to formalize the right of any student with a disability to a Free Appropriate Public Education (FAPE), which is the language of today’s law.
*Note: PAVE recognizes that past terms have led to stigma; using person-first language is our priority. To learn more about how individuals with intellectual disabilities earned education rights through these landmark cases, refer to Disability Justice.
1973: The Rehabilitation Act
The rights of a person with a disability to get the help they need in order to be successful in school and at work–and to access to any public place or program–was firmly established by the federal Rehabilitation Act of 1973, which is still an active law upheld by the Office for Civil Rights. Part of it, Section 504, defines disability as any impairment that significantly impacts a major life activity. When a student in school meets that criteria because of a physical or mental condition, the school is bound by this law to provide what a student needs to access FAPE.
1975: The Education for All Handicapped Children Act
- Required public schools to provide equal access to free educational programming
- Provided for evaluation, a specific educational plan and parent input
- Declared that special education should emulate as closely as possible the educational experiences of non-disabled students
- Contained a provision for education in the Least Restrictive Environment (LRE)
- Provided dispute resolution procedures
In 1975 Congress passed the first federal law that was specific to the education of children with disabilities. The law used the word “emulate” to indicate that students with disabilities had the right to a school experience that would look as much like a typical student’s program as possible. The additional requirement for education in the Least Restrictive Environment (LRE) further motivated schools to work harder to include students of many abilities in general education classrooms. This 1975 law also set up specific guidance for parents to take action if they disagree with the school. Parents are informed about their rights through the Procedural Safeguards that are provided at IEP and other official meetings.
1979: PAVE began as one of the country’s first parent centers
Pierce County was among six locations across the country to receive training in Special Education rights. Thirty Washington parents got trained about Special Education law in 1979. 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 provides free information to professionals and parents through ParentCenterHub.org.
1990: Americans with Disabilities Act (ADA)
- Prohibits disability discrimination by federal and state government, including schools
- Applies to all schools, workplaces—any space, public or private, that provides goods or services to the public
- Covers people of all ages, including those who are discriminated against because they are perceived to have a disability, even if they don’t have one
Understood.org provides materials specifically designed for parents to provide basic understanding about ADA protections in schools. Included are printable fact sheets and instructions for filing formal complaints with various public agencies. Many ADA protections mirror those provided through Section 504 of the Rehabilitation Act of 1973. Key concepts in both are equity and access. The ADA and Section 504 protect a person throughout the lifespan. The Office for Civil Rights provides guidance for students with disabilities as they plan for higher education.
The Minnesota Council on Developmental Disabilities celebrates the impact of the Americans with Disabilities Act with the ADA Legacy Project. To honor the contributions of individuals with disabilities and their allies who persevered in securing the passage of the ADA, the project features 31 specific “Moments in Disability History” with videos, articles and other archival materials:
“In order to fully realize a world where all people are accepted and valued, it is crucial to preserve and promote the history of the ADA and the disability rights movement.”
1990: Individuals with Disabilities Education Act (IDEA)
- All children with disabilities get a Free Appropriate Public Education (FAPE)to be ready for further education, jobs and life!
- The rights of children with disabilities and their parents are protected.
- The law requires schools to asses a child’s program, to make sure it’s working, and the child is benefiting.
When Congress passed the Individuals with Disabilities Act in 1990, the acronym FAPE (Free Appropriate Public Education) came into being. Now FAPE is key to this entitlement law. Entitlement means that a child with unique needs gets those needs served on an individual basis, not based on a system or program that’s already built and available.
The federal law drives how states design their own special education policies and procedures, which in our state are part of the Washington Administrative Codes (WACs). Title 34, Part 104, is the non-discrimination federal statute under the Office for Civil Rights Department of Education, and in Washington State rules for the provision of special education are in chapter 392-172A of the WAC.
2004: IDEA Amendments
IDEA was amended by the Individuals with Disabilities Education Improvement Act of 2004. Several provisions aligned IDEA with the 2001 No Child Left Behind Act. Here are a few examples of updates:
- IDEIA authorized 15 states to implement 3-year IEPs on a trial basis when parents continually agree.
- Drawing on the report of the President’s Commission on Excellence in Special Education, the law revised the requirements for evaluating children with learning disabilities.
- More concrete provisions relating to discipline of special education students were added. These are influencing current work to revise disciplinary standards in Washington State.
- Students are entitled to education in regular classrooms, with needed supplementary aides and services, “to the maximum extent appropriate” under the principle of Least Restrictive Environment (LRE)
2015: Every Student Succeeds Act (ESSA)
- Reauthorizes 50-year-old Elementary and Secondary Education Act (ESEA), the nation’s national education law.
- Provides all children in the United States the right to a free public education “to ensure that every child achieves.”
- Advances equity by upholding critical protections for America’s disadvantaged and high-need students.
- Requires—for the first time—that all students in America be taught to high academic standards that will prepare them to succeed in college and careers.
- Ensures that vital information is provided to educators, families, students, and communities through annual statewide assessments that measure student progress toward high standards.
- Encourages evidence-based interventions.
- Sustains and expands access to high-quality preschool.
- Maintains accountability in low-performing schools, where groups of students are not making progress and where graduation rates are low.
Legal actions influence ongoing changes
Special Education Law impacts what happens every day at school and with a child’s Individualized Education Program (IEP). A few prominent lawsuits have influenced the way special education laws are interpreted. Following are a few examples.
2000: Settlegoode v. Portland Public Schools
- Appropriate staff training is an important aspect of FAPE.
- School staff have the right to advocate for children without retaliation.
- The lawsuit was filed by a former special education PE teacher who was fired after highlighting errors in IEP implementation.
2013: Doug C. v Hawaii
- Parents must be included in the IEP process.
- The lawsuit was filed in behalf of a parent who was not included in a school meeting at which key IEP decisions were made.
2017: Endrew F versus Douglas County School District
- The Supreme Court issued a unanimous decision that under the IDEA a school must offer an IEP reasonably calculated to enable a child to make progress, in light of the child’s circumstances of disability.
- The “de minimis standard” is overruled; trivial progress isn’t enough.
- Grade-level standards are prioritized.
- Parent participation is emphasized
The Endrew F case is still being discussed by a variety of agencies, and many professionals from groups that oversee educational process are calling on parents to hold schools accountable to these new standards. Writing for the court, Chief Justice John G. Roberts said that trivial progress would no longer meet the standard of FAPE and that the IDEA aims for grade level advancement for children with disabilities who can be educated in the regular classroom. A child making trivial progress, he said, would be tantamount to “sitting idly … awaiting the time when they were old enough to drop out.”
Special education law continues to evolve
Interpretation of the IDEA continues to evolve as the US Department of Education creates documents to guide schools in how they understand and follow the law. “Dear Colleague” letters guide school staff to apply legal principles in daily practice. There are letters about IEP, FAPE, early learning, least restrictive environment (inclusion principles), alternative learning environments (such as Charter Schools), bullying and many more topics. Some letters review recent legal proceedings related to special education. For example, courts often discuss how schools are providing FAPE (Free Appropriate Public Education), and their rulings further fine-tune how the schools are meeting their obligation to provide FAPE for students with identified disabilities. A library of these letters and other federal guidance and memos is available on the website of the Office of Special Education Programs (OSEP).
- The National Education Association (NEA) recognizes that childhood experiences related to domestic abuse, trauma or divorce affect education. This article includes recommendations for teachers, family members or other adults who might advocate for a student who needs more help due to challenging life circumstances.
- Researchers agree that a trauma-sensitive approach to special education can be critical and urge schools to approach discipline with caution in order to avoid re-traumatizing students.
- After a divorce, both parents participate in educational decisions unless the divorce decree or another court action specifically removes a parent’s rights. This article includes tips for navigating those circumstances. A parenting plan that designates a primary parent for school interactions is one idea.
- Schools can accommodate survivors of domestic abuse to help them participate safely in the special education process for their children. Alternative meeting spaces are among ideas further described below.
Students who experience trauma often have a rough time staying emotionally stable and keeping their behavior on track for learning at school. Research about Adverse Childhood Experiences (ACEs) lists many childhood conditions that impact a person’s lifelong health and access to opportunities. High on the list are trauma from domestic abuse and divorce. For many families, complex trauma includes both.
A child’s response to trauma may look like disobedience or lack of motivation. A family member or teacher might notice that a child is regressing. A student may have delays in social communication or emotional regulation–skills schools teach in an emerging area of education called Social Emotional Learning. Some children survive severe distress but don’t demonstrate obvious changes in behavior or disrupt the classroom. In all cases, figuring out what’s happened and how to help requires a thoughtful, individualized process.
A family member, school employee or any concerned adult can respond by seeking an evaluation to determine whether the student has a disability and qualifies for services delivered through an Individualized Education Program (IEP) or a Section 504 plan.
Note: Section 504 is part of the Rehabilitation Act of 1973, which protects individuals with a disabling condition that impact a “major life activity.” An article on PAVE’s website further describes Section 504 and the differences between a 504 Plan and an IEP. PAVE also provides comprehensive articles and on-demand webinars about special education process, the IDEA, evaluation, and other topics listed under Learning in School at wapave.org.
A behavioral or emotional disability that significantly impacts access to learning can qualify a student for an IEP under the Individuals with Disabilities Education Act (IDEA) if the student demonstrates a need for Specially Designed Instruction (SDI). Among the IDEA’s 14 qualifying categories of disability are Emotional Disturbance, which captures a variety of behavioral health conditions, and Other Health Impairment, which sometimes captures conditions related to attention deficit, anxiety or depression. A child who isn’t found to have a qualifying disability might benefit from a behavior support plan or counseling services at school.
Supporting and educating students with trauma histories has become a priority for the National Education Association (NEA), with a specific focus on students who have experienced or witnessed domestic violence, sexual abuse and related traumas.
The problems are widespread: More than half of women who experience domestic violence have children younger than 12, and data indicate that nearly half of those children witnessed the abuse.
Response to a child’s symptoms may be complicated by cultural considerations: Some cultures may be more accepting of abuse, less trusting of authorities or afraid of the fallout within the community. An agency in Washington that helps when multicultural issues create barriers is Open Doors for Multicultural Families.
Best Practice Strategies to Help
On its website, the NEA offers an article: Best practices for supporting and educating students who have experienced domestic violence or sexual victimization. The article provides strategies to support traumatized students. Here is a summary of some points:
- Provide structure, a sense of security and a safety plan: “Children who experience abuse often yearn for structure and predictability.”
- Help students understand available support and the teacher’s role as a mandated reporter: “The larger the number of people available to listen to a student, the more likely that student is to disclose abuse.”
- Validate and reassure the student: “Provide non-judgmental, validating statements if a student discloses information. Sample statements include That must have been scary or It must be difficult to see that happening.”
- Identify triggers of anxiety or challenging behavior: “…be prepared for negative emotions and behaviors from the student in response to triggers.”
- Use a daily Check In to provide a solid foundation for relationship building: “It can be helpful to use pictures or a rating scale to help students identify and label their emotional states.”
- Directly teach problem solving skills: “Be honest with students about how you’re feeling and talk through your actions in response to challenging situations.”
Domestic Abuse is Common
Understanding the nature and prevalence of domestic abuse can grow compassion, combat stigma and promote shared problem-solving. The National Coalition Against Domestic Violence (NCADV), defines domestic violence as “willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another.”
Acts of domestic violence can be physical, sexual, threatening, emotional or psychological. Statistically, 1 in 4 women and 1 in 9 men experience some form of domestic violence; its prevalence is noted among all people regardless of age, socio-economic status, sexual orientation, gender, race, religion, or nationality.
How to Notice Something is Wrong
When domestic abuse impacts a child’s access to education, figuring out how to help requires thoughtful consideration. The NEA describes specific characteristics of children who have experienced trauma and how their ability to function is compromised. Here is a summary from NEA’s article:
- Children may find it hard to explain their emotional reactions to situations and events.
- They may appear inattentive or hyperactive—or fluctuate between both.
- Loud or busy activities can trigger a confusing reaction: a child might lose control about something that is usually a favorite.
- Children may have “disordered social skills,” playing inappropriately or lacking typical boundaries.
- They may withdraw socially or try to control situations in ways that seem rude or look like bullying.
- They might develop “friendships” based on negativity and be unable to develop high-quality, appropriate friends.
- Children impacted by trauma may be mentally overwhelmed and struggle to follow directions or shift from one activity to another, even with prompting. (Adults may mislabel these cognitive inabilities as deliberate or defiant behaviors.)
- Children may overly depend on others but struggle to ask for help.
- An impaired working memory can make it difficult for the child to start or finish a task, pay attention and/or concentrate.
Evaluate with Trauma in Mind
The Federation for Children with Special Needs provides a downloadable article called Trauma Sensitivity During the IEP Process. The article provides suggestions for making the evaluation process trauma sensitive and includes this statement:
“By becoming aware that violence may be at the heart of many of the child’s learning and behavioral difficulties, school personnel may be able to mitigate much of the lasting impact of trauma.”
The federation urges schools to approach discipline with caution in order to avoid re-traumatizing students and encourages use of the Functional Behavioral Assessment tool and a framework of Positive Behavioral Interventions and Supports (PBIS):
“Self-regulation describes the ability of a child to ‘put the brakes on’ in times of emotional stress. Traumatized children are hyper-aroused; they view their world as dangerous and unpredictable and they are prepared to react in a moment’s notice, usually in inappropriate (and possibly unsafe) ways…IEP Team Meeting members can go a long way towards ameliorating this hyper-arousal by asking for Functional Behavioral Assessments to ascertain the reason for the inappropriate reactions as well as ways to replace the behaviors with better coping skills and strategies.”
A trauma-informed approach at school meetings can help the team figure out why unexpected behaviors happen or why academic progress seems so hard to achieve. Promoting healthy relationships by designing intentional time with trusted adults and developing a creative strategy for Social Emotional Learning (SEL) at school are strategies the team can discuss. A trauma-informed approach, the federation contends, “encourages educators to ask, What happened to you? instead of What’s wrong with you?”
When Divorce Complicates Work with the School
Another domestic issue that sometimes complicates circumstances for families navigating special education is divorce. The US Department of Education stresses that parents or legal guardians are decision-makers for their children. Whether parents are married or separated, they both are equal decision-makers in special education process unless the divorce decree or another court action specifically removes that right.
A parenting plan can be written with specific instructions about which parent is the educational decision maker.
The school needs a copy of the parenting plan in order to follow it. Without a plan in place, either parent who shares joint legal custody can sign an educational document that requires parental consent, even if the student lives full time with only one parent. Parental rights include access to records and educational information about the student. A non-custodial parent has the right to be informed of meetings and attend meetings.
Parents with joint custody who share parenting decisions may want to draft an agreement with the school to specify how the child’s time is divided and which parent is responsible for specific days, activities or meetings.
Schools Can Offer Safe Space
If one partner has been abused and there is no restraining order to prevent the non-custodial parent from attending school meetings, schools can accommodate the domestic abuse survivor by offering a separate meeting in a different space, at a separate time.
If a parent is bound by a restraining order, the IEP team will need to determine whether the order limits access to the school building and whether the order specifies that the parent has lost rights under the IDEA. If the order limits building access, but does not limit IDEA rights, then that parent has the right to attend a meeting in another space or by phone. A restraining order might include “no contact” with the child, and the meeting must ensure that the child’s safe distance from the parent is protected.
Visit the following websites for additional information:
The Office of Superintendent of Public Instruction (OSPI) is the agency responsible for oversight of all public schools and non-public agencies in Washington State. In addition to supporting schools, OSPI provides resources and support directed toward students and families.
OSPI upgraded its website (k12.wa.us) in July 2019. The home page provides news about current events, a calendar, and an option for Parents and Families to seek resources specific to their needs and concerns.
The Parents and Families section of the website is divided into three categories:
- Learning, Teaching, & Testing: Information about graduation requirements, learning standards, testing and more
- Data & Reports: Access to data specific to a school or district, financial reports and guidance about the Washington School Improvement Framework
- Student & Family Supports: Special Education guidance and information about student Civil Rights, how to file a complaint, health and safety, English Language Proficiency (ELP) and more
Under Guidance for Families: Special Education in Washington State, the website provides this statement:
“The OSPI Office of Special Education aspires to ensure students with disabilities receive Free and Appropriate Public Education (FAPE) as required by the Individuals with Disabilities Education Act (IDEA). About 14 percent of students overall receive special education services in the state of Washington.”
Linkages through the Special Education section of the website provide information on a range of topics. Here are a few examples:
- How Special Education Works
- Laws and Procedures
- Parent and Student Rights (Procedural Safeguards)
- Making a Referral for Special Education
- Individualized Education Programs (IEPs)
- Placement Decisions and the Least Restrictive Environment (LRE)
- Transition (Ages 16-21)
- Behavior and Discipline
- Disagreements and Disputes related to Special Education
- Special Education Advisory Council (SEAC)
Each section includes state guidance under the rule of federal law (the IDEA) and provides linkages to other resources within and beyond OSPI.
A Need Assistance? link on the Special Education page provides contact information for the Special Education Parent Liaison, available as a resource to parents in non-legal special education matters. According the OSPI’s website, the liaison “serves as a neutral and independent advocate for a fair process.”
“The Special Education Parent Liaison does not advocate on behalf of any one party. Rather, the Parent Liaison exists to address individual concerns about bureaucratic systems and act a guide for anyone attempting to understand and navigate various special education or school district processes and procedures.”
To contact Scott Raub, the Special Education Parent Liaison, call 360-725-6075 or submit a message through OSPI’s Contact Us web page.
A Brief Overview
- Parents and schools can learn step-by-step how to create and manage a SEPAC through the downloadable Advocacy in Action guidebook.
- An informal webinar about SEPACs is freely available through Facebook.
- Parents and schools who want to learn more about special education process, rights and responsibilities can reach out to PAVE’s Parent Training and Information (PTI) staff for guidance and training. From PAVE’s home page, click Get Help!
- This article contains information about a special-education bill proposed in 2019 that would have required SEPACs throughout the state. Currently the option to develop a SEPAC is available voluntarily.
Parents, school staff and invested community members can collaborate to improve outcomes for students in special education by building together a Special Education Parent Advisory Council (SEPAC).
Any school district can establish a SEPAC, and anyone within the local district—including a parent—might start the work to get the group going. No legislation is required. Although a few states require districts to develop SEPACs, Washington State does not. SB 5532, which failed to pass in the 2019 legislative session, would have required Washington school districts to establish SEPACs.
Note: Conversations continue statewide about which aspects of the special-education bill may be revived in 2020. In addition to the SEPAC requirement, SB 5532 included provisions for safety-net funding for special education; requirements for teacher-preparation programs; service district advocacy; and requirements for the Division of Vocational Rehabilitation (DVR) to participate in transition meetings for students older than 16 with Individualized Education Programs (IEPs). A complete summary of the bill and information about its sponsorship and movement through the legislative process is available on the Washington State Legislature Website.
Once established, a local SEPAC is part of the local school district, not a private or independent group. It is not a Parent Teacher Organization (PTO); nor is it a parent support group. A local SEPAC addresses system-level challenges affecting students with disabilities and their families. A local SEPAC is parent-driven, and often parent-led, but there is an important role for school district staff and leaders. Ideally, membership is diverse and inclusive.
A parent center in New Jersey, in collaboration with the national Center for Parent Information and Resources (CPIR), provides a guidebook to help families and schools work together to build SEPACs. The Statewide Parent Advocacy Network (New Jersey SPAN), created the 67-page, downloadable Advocacy in Action guidebook with grant funding from the U.S. Department of Education. Debra Jennings, who serves as co-executive director of SPAN in addition to being director of CPIR, speaks informally about the guidebook and SEPAC development in a webinar available through Facebook.
According to Advocacy in Action, “Participation in a SEPAC offers the opportunity to raise questions, voice concerns, and provide direct input to school leadership and influence policy and program decisions. The great benefit of participating in a local SEPAC is that the individual needs of a child become part of ‘the big picture’ and can reach a broader community of children.”
A SEPAC is parent-driven, meaning that:
- Parents determine priorities and activities.
- Parents strategize to seek solutions on issues that matter to them, helping schools overcome challenges and make decisions related to special education programs and services.
The guidebook emphasizes that parent-driven does not mean that parents do all the work: “District leaders participate, provide information, background, data, and support.”
Washington has a statewide Special Education Advisory Council (SEAC), and PAVE participates on that council. Staff from PAVE’s Parent Training and Information (PTI) program are available to consult with parents and can provide information and resources to assist anyone who may wish to build a SEPAC. For example, PTI staff may provide a training in special education process, parent rights and responsibilities to families wanting to get more involved with their local school districts. PTI staff can help by providing tips for collaboration and developing a partnership with the district. Ideally, a SEPAC creates a sense of shared investment toward successful outcomes for students with disabilities.
From PAVE’s home page, click Get Help! to request assistance from PTI staff. Or call: 800-572-7368.
- Students struggle in school for different reasons.
- RTI is an acceptable way of identifying students with learning disabilities.
- RTI isn’t a specific program or type of teaching.
- RTI works on a tier system with three levels of intervention.
Students struggle in school for different reasons. Response to Intervention (RTI) can help by combining high quality, culturally responsive instructions with assessments and interventions that are proven to work by evidence from research.
RTI was originally recognized in the 1970s as a system for helping students with potential learning problems early, instead of waiting until they fail. With the reauthorization of the Individuals with Disabilities Education Act (IDEA) in 2004, RTI was noted as an acceptable way to identify students with learning disabilities. RTI can help students who haven’t yet been identified as eligible for special education or those who struggle but don’t qualify for special education services.
At any time during the RTI process, parents or teachers can request an evaluation for special education services. The evaluation can determine whether a student qualifies for an Individualized Education Program (IEP) or accommodations through a Section 504 Plan. RTI does not replace a school’s responsibility to evaluate students who might qualify for special education services. See PAVE’s article on Child Find, a mandate of the Individuals with Disabilities Education Act (IDEA).
RTI’s goal is for schools to intervene before a student falls too far behind. RTI is not a specific program or type of teaching, but rather a proactive way to check in with a student to see how things are going. Data help school staff decide which types of targeted teaching would work best for the student. If a student’s progress is slow or stagnant, then teachers adjust based on the student’s needs.
RTI has three levels, or tiers, for intervention:
- In the general education classroom
- In a special education classroom, resource room, or small group
- For an individual student
RTI works best when parents are involved
Parents can monitor their child’s progress and participate in the process. Parents can talk to the school about which instructions or reinforcements are working and boost the benefit by being consistent with the same strategies at home.
As military families move from one location to another, they may notice that each school uses different techniques to implement RTI programs. Schools will format their programs to best fit the needs of their students by using a variety of tools to improve learning for all students. Keeping up with what’s happening at school might be challenging but can help the student find success.
RTI is part of a Multi-Tiered System of Supports (MTSS) framework. MTSS provides a method for intervention in academic and non-academic areas, including Social Emotional Learning or behavior support. MTSS is used to support adult students and professionals as well. In this video, a researcher from the American Institutes for Research, Rebecca Zumeta Edmonds, Ph.D., discusses differences between MTSS and RTI.
PAVE has an article that describes MTSS and how it can provide a larger framework for Positive Behavior Interventions and Supports (PBIS), when a child’s behavior becomes a barrier to learning.
For more information on RTI, MTSS, and PBIS: