The purpose and mission of People First of Washington is to assist all people to realize and appreciate that we are PEOPLE FIRST and our disabilities are secondary. We are equal citizens in our communities. This meeting is available both in person and online. To learn more or to get the online meeting link visit: peoplefirstofwashington.org
P2P@wapave.org
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
Download the Getting to Know the Individual Family Service Plan (IFSP) Checklist
Download the Getting to Know the Individual Family Service Plan (IFSP) Checklist (Spanish)
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:
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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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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.
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:
A parent or guardian has to meet one of the following qualifications to homeschool their child:
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.
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:
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))
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.
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.
There are two options for the required annual assessments:
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))
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:
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.
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:
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.
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 –
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.
Awesome Autism Parent Support Group – The Awesome Autism Parent Support Group is a community dedicated to providing a nurturing and empowering environment for parents and caregivers of children with autism. The primary goal is to offer emotional support, share resources, exchange experiences, and promote a sense of unity among parents, individuals, and families raising and child diagnosed with autism spectrum disorder (ASD). The group meets online on the 2nd Thursday of the month from 12-1 pm PT.
Highlights:
Registration is required to get access to the Zoom link.
P2P@wapave.org
Join us for an informative series designed to equip early intervention advocates with the tools, insights, and strategies needed to make a lasting impact. Whether you’re new professional to the field or a parent looking to enhance your advocacy skills, this series will provide valuable information on programs, services, and how to effectively support children and families in need of early intervention services.
Date: 2/5/25
Topic: Pierce County ESIT & ICC
Time: 12:00 – 1:00PM
Date: 2/19/25
Topic: DDA
Time: 2:00 – 3:30PM
Date: 2/26/25
Topic: PAVE PTI/P2P 0-3 Toolkit
Time: 12:00 – 1:00PM
Date: 3/5/25
Topic: PAVE PTI/P2P 3-5 Toolkit
Time: 12:00 – 1:00PM
Date: 3/12/25
Topic: PAVE P2P Early Intervention
Advocates Workshop
Time: 12:00 – 1:30PM
P2P@wapave.org
What Will I Learn?
Pierce County Parent to Parent partners with The ARC of Washington and Pierce County community connections to provide support, information, and education for parents of children with disabilities and special healthcare needs.
This is the required training to become a 1:1 helping parent volunteer and support other parents who have just learned their child has a condition or need support for any reason.
Helping Parent Volunteers and staff assist families in coping with many challenging experiences and feelings.
P2P@wapave.org
Provides a safe, validating, and empowering space for parents, caregivers, and families of African descent so they can find understanding, strength, and resources to navigate their unique and often challenging and isolating journey of raising Black/African American children or family member with a disability.
This group supports:
Open discussions,
Shared experiences and cultural and language sensitivity.
Meets virtually on the 2nd and 4th Tuesday of the month.
P2P@wapave.org
When You Attend a STOMP Workshop You Learn …
Empower yourself with knowledge of educational rights, support services, and access to TRICARE, ECHO, and ABA programs.
Connect with local resources and a supportive community network to share ideas and solutions with other parents and professionals.
Based on Eastern Standard Time:
10:00 am – 12:00 pm ET
February 5: Pathways to Military Medical & Medicaid Benefits for Exceptional Families
February 12: Demystifying Key Components of an IEP
February 19: Dispute Resolution: Orders and Chain of Command for Resolving Conflicts
February 26: Sound the Cadence: Raising Voices in Advocacy
Stomp@wapave.org
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.
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.
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.
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.”
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.
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).
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:
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.
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:
PAVE provides a downloadable checklist to help parents familiarize themselves with the IFSP.
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.
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.
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.
PAVE provides downloadable toolkits specifically designed for parents and families of young children:
For additional information:
A Brief Overview:
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:
A Brief Overview:
Full Article
The Individuals with Disabilities Education Act (IDEA) requires that each state education agency provide ways to solve disagreements between parents and schools regarding a student’s Individualized Education Program (IEP). These options ensure that parents and schools can work towards a mutually agreeable solution while protecting the child’s right to a Free Appropriate Public Education (FAPE). The Office of Superintendent of Public Instruction (OSPI) offers both informal and formal dispute resolution processes.
These dispute resolution options provide structured processes for addressing and resolving disagreements, ensuring that the rights of students with special needs are upheld and that they receive the education and services to which they are entitled.
Informal Dispute Resolution
IEP facilitation is a voluntary and informal process where parents and school districts can address their special education concerns with the assistance of a trained, neutral facilitator. This process allows both parties to resolve issues collaboratively without the formality of mediation, and it is provided at no cost. OSPI contracts with Sound Options Group to offer free facilitation services from facilitators skilled in conflict resolution to help clarify disputes, set agendas, and work towards mutually agreeable solutions. Participation in facilitation is entirely optional for both families and districts.
The IEP facilitation process starts when either a family or a school district contacts the Sound Options Group to request help. A parent can request facilitation by contacting Sound Options Group directly by phone at 800-692-2540 or 206-842-2298 (Seattle) to request a mediation session. For Washington State relay service, dial 800-833-6388 (TDD) or 800-833-6384 (voice). Sound Options Group gathers initial information about the student and the needs of both parties, confirming that both the family and district agree to proceed with a facilitated IEP meeting. Once the IEP team sets a date for the 3–4-hour meeting, the facilitator is assigned. The facilitator helps everyone prepare by sharing documents, setting a mutually agreeable agenda, confirming the meeting details, and preparing both parties for the meeting. After the facilitated IEP meeting, a case worker from Sound Options Group and the facilitator review the session and decide if another meeting is needed. A successful facilitated IEP meeting will result in the development of an IEP that is tailored to meet the unique needs of the student.
Another option for informal dispute resolution is Washington State Governor’s Office of the Education Ombuds (OEO), which helps parents and schools resolve disagreements about special education services. Acting as a neutral and independent guide, the OEO helps parents and educators understand special education regulations, facilitates problem-solving, and advises on communication strategies to support a team approach to a student’s education. The OEO does not provide legal advice, act as an attorney, conduct investigations, or advocate for any party. OEO can be contacted through their online intake form or by phone (1-866-297-2597) with language interpretation available.
Formal Dispute Resolution
When informal methods are unsuccessful, families and schools can turn to formal dispute resolution processes outlined in the procedural safeguards and available through the special education system. A copy of the procedural safeguards notice for Washington is downloadable in multiple languages from the Office of Superintendent of Public Instruction (OSPI).
In Washington state, the formal dispute resolution options are:
1. Mediation
Mediation is a voluntary process provided at no cost to parents and schools. It is designed to resolve disputes related to the identification, evaluation, educational placement, and provision of FAPE. Both parties must agree to participate in mediation. Mediators are trained, impartial individuals knowledgeable about special education laws. OSPI contracts with Sound Options Group to provide trained, neutral mediators to facilitate effective communication and problem-solving between parents and school districts. This brochure, Mediation in Special Education, outlines the services provided by Sound Options Group. Discussions during mediation are confidential and cannot be used in due process hearings or civil proceedings. If an agreement is reached, it must be documented in writing and is legally binding. Parents can contact Sound Options Group directly to request mediation.
2. Special Education Complaint
Any individual or organization can file a special education complaint if they believe a school district or public agency has violated Part B of the Individuals with Disabilities Education Act (IDEA). Complaints must be filed within one year of the alleged violation. OSPI investigates the complaint, gathering information from both the parent or guardian and the school district. OSPI then issues a written decision addressing the complaint and any corrective actions required within 60 days of receiving the complaint. PAVE has developed this training video, Procedural Safeguards: How to File a Special Education Complaint, that walks through OSPI’s community complaint form with a pretend scenario.
3. Due Process Hearing
A due process hearing is a formal meeting to resolve disputes about a child’s identification, evaluation, placement, or FAPE. Either parents or the school district can request this hearing, but they must do so within two years of the issue, unless there was misrepresentation or withheld information. The request for a due process hearing must be in writing, signed, and include:
The original request must be provided to the other party – the parent or guardian must send it to the superintendent of the student’s school district, and the school district must provide the original to the parent or the guardian of the student. In addition, a copy of the request must be sent to the Office of Administrative Hearings by mail (PO Box 42489, Olympia, WA 98504-2489), fax (206-587-5135), or email (oah.ospi@oah.wa.gov). The party asking for a due process hearing must have proof that they gave their request to the other party.
Before the hearing, the school district must meet with the parents and relevant IEP team members within 15 days to try to resolve the issue at a resolution session. OSPI provides a direct to download form, Information and Forms on Resolution Sessions. During the hearing, both sides present evidence and witnesses. Parents have the right to bring a lawyer, present evidence, and question witnesses. An administrative law judge (ALJ) makes a decision, which can be appealed in state or federal court. The decision is final unless it is appealed and the decision is overturned. If an agreement is reached before the hearing, it must be written down in a settlement agreement.
For disputes about disciplinary actions that change a student’s placement, expedited due process hearings are available. These hearings happen faster than regular ones to resolve urgent issues quickly.
Dispute Resolution Outside of Special Education
If parents disagree with the decision made in a due process hearing, they have the right to file a civil lawsuit in state or federal court. This must be done within a specific time period, often 90 days, after the due process hearing decision. The court will review the administrative record, hear additional evidence if necessary, and make a ruling (decision) in the case. The civil lawsuit is not a part of the special education dispute resolution process and there are additional costs associated. Please note that PAVE is not a legal services agency and cannot provide legal advice or representation. Washington State Office of Administrative Hearings has compiled this Legal Assistance List for Special Education Due Process Disputes.
If parents win a due process hearing or lawsuit, the school district might have to pay their attorneys’ fees. But if the court decides the complaint was frivolous or filed for the wrong reasons, parents might have to pay the school district’s attorneys’ fees.
Additional Considerations
If a child hasn’t been identified as needing special education but parents think they should be, there are protections if the child faces disciplinary actions. If the school knew the child might need special education services before the behavior happened, they must follow special education disciplinary procedures.
Every school district has a process for filing a formal complaint related to harassment, intimidation and bullying (HIB). PAVE has compiled information and resources to address bullying in this article, Bullying at School: Resources and the Rights of Students with Special Needs.
Complaint Processes Related to Discrimination
OSPI’s Complaints and Concerns About Discrimination page states, “Each student must have equal access to public education without discrimination.” This page contains Discrimination Dispute Resolution Information Sheets that contain definitions of key terms, information about the role of district Civil Rights Compliance Coordinators, and instructions and requirements for filing different types of complaints, available for download in different languages. Anyone can file a complaint about discrimination involving students with disabilities in a Washington public school, which is prohibited by Washington law (RCW 28A.642.010). Formal discrimination complaints must be written, and the complaint must contain:
The formal discrimination complaint must be hand carried, mailed, faxed, or emailed to district superintendent, administrator of the charter school, or Civil Rights Coordinator. When a school district or charter school receives a complaint, it must investigate and respond within 30 days, unless an extension is agreed upon. The civil rights coordinator provides the complaint procedure and ensures a thorough investigation. If exceptional circumstances require more time, the school must notify the complainant in writing. The school can also resolve the complaint immediately if both parties agree. After the investigation, the school must respond in writing, summarizing the results, stating whether they complied with civil rights law, explaining appeal options, and detailing any corrective measures, which must be implemented within 30 days unless otherwise agreed.
Students with disabilities in public schools are also protected against discrimination by federal laws, including Section 504 of the Rehabilitation Act of 1973 and IDEA. The U.S. Department of Education’s Office for Civil Rights (OCR) accept complaints with overlapping civil rights concerns, such as racism and disability discrimination. An OCR complaint must be filed within 180 calendar days of the alleged discrimination. If the school district’s dispute resolution process is already handling the case through a means like what OCR would provide, OCR will not take on the case. Once the school district’s process is completed, individuals have 60 days to file their complaint with OCR, which will then decide whether to accept the result from the other process. OCR provides step-by-step instructions for filing a discrimination complaint.
Some families are anxious about questioning actions taken by the school. Parents have protections under the law. The Office for Civil Rights maintains specific guidelines that prohibit retaliation against people who assert their rights through a complaint process.
Additional Resources:
Brief Overview
Medical Home: What is it? Does my child need one?
A medical home creates a coordinated team and a coordinated care plan around all your child’s medical needs. When a family or youth works with a physician or clinic to build (create) a medical home they all work together to “wrap around” the different medical providers and services needed for that person’s best health and wellbeing.
Medical homes don’t happen right away and don’t always look the same. Often a medical home is started and/or managed through a primary care or pediatric clinic, but if a person has complex medical needs, a specialist provider, practice, or clinic may be a useful “site” for the medical home.
Medical complexity, or a diagnosis that affects multiple systems in the body or has the potential to be life-threatening, adds its own set of challenges to a medical home. A medical home for an individual who is considered medically complex often has multiple specialists as well as therapists, medication management, and other systems such as school or early intervention. A good medical home can be a communication hub that helps this large multi-disciplinary team stay on the same page and not work at cross purposes.
No matter who provides coordination, a medical home supports your child and helps you as the parent or guardian with care coordination. Some families have medical homes “built” through a specialist’s office, some a primary care pediatrician, and others who are on Medicaid can have that coordination through a managed care patient care specialist.
There doesn’t need to be medical complexity to start discussing a medical home with a child’s team; there just needs to be more than one provider working with the child/youth or young adult, and with different medications prescribed by different providers. A medical home helps everyone be on the same page and you as a family to be part of the overall care plan.
When working with a provider to develop a medical home, remember that respect is a two-way street. Working with complex needs can be frustrating and scary and just because someone is a physician doesn’t mean they have all the answers.
Ask questions and let your providers know when you don’t understand a decision or if you disagree with their decision. This can be done respectfully and can help build a strong line of communication.
A medical home set up under this mutual respect with the family and patient at the center and as co-creators of care is at the heart of the medical home idea and an essential foundation for a medical home that works.
When choosing a provider to help you create a medical home, here are questions to ask yourself:
What other qualities are important when choosing a provider or practice to create a medical home?
Additional advantages to consider taking time to work with a provider to develop a medical home:
Family can be a constant in many children’s lives. They know the history of the child and they will be there in the future.
Bringing a trusted medical provider into that circle to help with medical coordination and care can increase a family’s ability to look beyond the need to juggle the many issues of caring for a child with special healthcare needs.
A medical home can spread the burden of coordination and decision-making between many hands and can keep everyone on the same page. This alone can be worth the extra work that you may face in the beginning.
Resources
Here are some useful online resources for creating and using a medical home:
American Academy of Pediatrics
Related
Tips to Organize Your Child’s Medical and School Documents
New parents have a lot to manage. Concern about whether a child’s growth and development are on track can be confusing. This toolkit provides places to begin if caregivers suspect that a baby or young child may need services due to a developmental delay or disability.
Presenting our newest resource – the 3-5 Transition Toolkit – A guide to Washington services for 3-5 year olds with disabilities. This toolkit encompasses a collection of our informative articles, complemented by sample letters to provide you with a solid foundation as you navigate through this crucial transition period.
Toolkit now available in Russian, Vietnamese and Spanish!
A user – friendly toolkit for families, Each section is detailed below:
When a student has unmet needs and may need new or different school-based services, figuring out what to do next can feel confusing or overwhelming. PAVE provides this toolkit to support families in taking initial, critical steps. These guidelines apply regardless of where school happens.
Presenting our newest resource – the Where To Begin When a Student Needs Help. This user-friendly toolkit has been created to give you and your family the guidance you need when you are navigating the special education process in Washington State.
A user – friendly toolkit for families, Each section is detailed below:
