Student Rights, IEP, Section 504 and More

Getting the right help for students with disabilities is made easier when families learn key vocabulary and understand how to use it. PAVE provides videos to support learning about student rights and how to work with the school to get individualized support.

Video number 1: Pyramid of Rights Protections for Students With Disabilities

The first video provides a visual to help—a pyramid of student rights. Learn about special education rights, civil rights, and general education rights. Students with Individualized Education Programs (IEPs) are protected by the full pyramid of rights. Students with IEPs and Section 504 Plans have civil rights that protect their right to be accommodated and supported at school. All children in the United States have the right to access a free public education. Learn key terms from these rights: FAPE, equity, and access, and how to use those words to help a student get their needs met.

Here are resource links referenced in the video:

The video mentions that a civil rights complaint can be filed at the local, state, or federal level and may include elements of more than one civil rights protected area, such as disability discrimination, racism, and/or sexual discrimination. Here are resources with more information about civil rights complaint options and how to access forms:

  • Local: OSPI maintains a list of school officials responsible for upholding student civil rights. Families can reach out to those personnel to request a complaint form for filing a civil rights complaint within their district.
  • State: OSPI provides a website page with direct links to step-by-step instructions for filing a civil rights complaint with the state Equity and Civil Rights Office, or the Human Rights Commission.
  • Federal: The U.S. Department of Education provides guidance about filing a federal complaint. The U.S. Department of Agriculture is another option for dispute resolution related to civil rights.

The video provides information about some special education dispute resolution options. Here are related resources:

The Youth Education Law Collaborative offers some free legal assistance on topics related to educational equity, with a priority for families who demonstrate financial need:

Video number 2: Accommodations and Modifications

Our second video shares more detail about the rights of students under Section 504 of the Rehabilitation Act. Key to protecting those rights is the accommodations, modifications, and supports that enable a student with a disability to access what typically developing students can access without support. Non-discriminatory practices related to bullying, student discipline, and attendance are protected rights. Click on the video to learn more about what the right to equity means.

Here are resource links related to this video:

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

Video number 3: IEP Goal Setting

Our third video provides more detail about the rights of a student with an IEP. A three-step process is provided to help family caregivers make sure a student’s IEP goals are supporting the right help in the right way. Learn about Present Levels of Performance (PLOP), Specially Designed Instruction (SDI), and SMART goals to become a well-trained partner in the IEP team process.

To get help from PAVE’s Parent Training and Information staff, click Get Help to complete an online Help Request Form.

We’d love to know whether these trainings are helpful. Please share your feedback by completing a short survey.

Tips to Help Parents Reinforce Positive Behaviors at Home

A Brief Overview

  • Positive Behavioral Interventions and Supports (PBIS) is a strategy schools use to teach children expected behavior. Read on for PBIS strategies families can use at home.
  • A key PBIS principle is that punishment fails to teach what to do instead. Adults can direct children and youth toward better choices and interrupt escalation cycles by consistently teaching expected, skillful behaviors.
  • The easiest way to change a behavior is to point out what a person does right. Remember this catchy phrase, “5-and-1 gets it done,” to ensure five positive interactions for each negative interaction.
  • PAVE provides a video with key information to help families and schools analyze a child’s behavior and develop a positive behavior support plan: Behavior and School: How to Participate in the FBA/BIP Process.
  • If you come up with some great behavior support strategies this summer, be sure to share them with the school in the fall!

Full Article

Changes in routine and seasonal transitions can cause emotional upheaval for families. A few strategies, described below, might help families keep things chill this summer and beyond.

These ideas come from education, where research has helped teachers see the benefits from using Positive Behavioral Interventions and Supports (PBIS). PBIS has been implemented in more than 26,000 U.S. schools. The PBIS framework has been shown to decrease disciplinary removals and improve student outcomes, including grades and graduation rates. When done well, PBIS provides positive social skills, communication strategies and “restorative justice,” (working it out instead of punishing) and may prevent 80-90 percent of problem behaviors.

Punishment does not teach

PBIS research highlights problems with punishments, which are called “aversive interventions.” Research shows that a punished child is likely to flip into an emotionally dysregulated state (fight/flight/freeze) that actually blocks learning. Chances are low that the child will know what to do next time because the punishment didn’t provide a learning opportunity.

PBIS teaches what to do instead—and how to do it. Adults who calmly direct a child toward a new way of problem-solving can interrupt or prevent an escalation and help the child make better and better choices moving forward.

Keep in mind that adults need to stay regulated to help children. PAVE provides resources to help adults work on their own self-control and support their children:

Behavior is a child’s attempt to communicate

Simple, consistent, predictable language is critical for teaching and reinforcing behavior, says Kelcey Schmitz, who works for the University of Washington School Mental Health Assessment, Research, and Training (SMART) Center.

“PBIS is a game changer for children and youth with behavior challenges and their teachers and caregivers,” Schmitz says. “In fact, everyone can benefit from PBIS. Behavior is a form of communication, and PBIS aims to reduce problem behavior by increasing appropriate behavior and ultimately improving quality of life for everyone. The same approaches used by schools to prevent problem behaviors and create positive, safe, consistent and predictable environments can be used by families at home.”

Schmitz, an MTSS training and technical assistance specialist, provides the following specific tips for creating a successful PBIS home environment.

Support Positive Behavior before there is a problem

PBIS is set up with three layers—called tiers—of support. The parent-child relationship is strengthened by loving and positive interactions at each tier.

Tier 1 support is about getting busy before there is a problem. Much like learning to wash hands to prevent getting sick, expected behavior is taught and modeled to prevent unexpected behaviors.  Parents can look at their own actions and choices and consider what children will see as examples of being respectful, responsible, and safe.

Tiers 2 and 3 are where adults provide more support for specific behaviors that are getting in the way of relationships or how the child or youth functions. In a school setting, Tier 2 is for students who need a social group or some extra teaching, practice, and reinforcement.

Tier 3 supports include a Functional Behavioral Assessment (FBA) to find out why the behavior is occurring, and an individualized Behavior Intervention Plan (BIP). PAVE provides a video: Behavior and School: How to Participate in the FBA/BIP Process.

Any student may access supports that include aspects of Social Emotional Learning at all three Tiers. At home, Tiers 2 and 3 naturally will be more blended and may include support from a community provider. Note that targeted interventions in Tiers 2-3 work best when Tier 1 is already well established.

Define, teach, and routinely acknowledge family expectations

  • Discuss how you want to live as a family and identify some “pillars” (important, building-block concepts) that represent what you value. Talk about what those pillars look and sound like in every-day routines. To help the family remember and be consistent, choose only 3-5 and create positive statements about them. Here are a few examples:
    • Speak in a respectful voice.
    • Be responsible for actions.
    • Be safe; keep hands, feet, and objects to self.
  • Identify a couple of “hot spots” to begin. Challenging behaviors often occur within routines.  Perhaps mornings or mealtimes create hot spots for the family. After discussing 1-2 ways to be respectful, responsible, and safe in the morning, teach what each looks like. Have fun with it! Set up “expectation stations” for practicing the plan and assign each family member one pillar to teach to the rest.
  • Behaviors that get attention get repeated. Notice when a child does the right thing and say something about each success: “I noticed you stopped to pick up your shoes in the hallway. Thanks for putting them away and keeping the walkway safe for others.” The easiest way to change a behavior is to point out what a person does right!
  • Remember this catchy phrase, “5-and-1 gets it done” to ensure five positive interactions for each negative interaction. When the expected behavior becomes routine, the reinforcement can fade away.

Create engaging and predictable routines

  • Children crave structure and routine. Adults may look forward to a relaxing evening or weekend, but kids often need regular activity and engagement. Consider that either the kids are busy, or the adults are busy managing bored kids!
  • Use visuals to create predictability. A visual schedule can display major routines of the day with pictures that are drawn, real photos or cut-outs from magazines. Create the schedule together, if possible.  Parents can ask a child to check the schedule – especially when moving from a preferred to non-preferred activity. It’s hard to argue with a picture!

Set the stage for positive behavior

  • Teach, pre-teach, and re-teach. Children need to learn behavior just like they learn colors and shapes. A quick reminder can help reinforce a developing skill: “When we get in the car, sit up, buckle up, and smile!”
  • Give transition warnings or cues to signal the end of one activity and the beginning of another: “In five minutes, it will be bath time.”
  • First/then statements set up a child for delayed gratification: “First take your bath; then we can play dolls.”
  • Focus on Go instead of Stop. Children often tune out words like NoDon’t and Stop and only hear the word that comes next, which is what an adult is trying to avoid. Tell a child what to do instead of what not to do: “Take your plate and put it in the sink.” Save Stop and No for dangerous circumstances that need a quick reaction.
  • Choices prevent power struggles: “Would you rather play for five more minutes or get in the bath now?”  “Feel free to choose the pink pajamas or the green ones.”

While these strategies may not eliminate all problem behaviors, they create consistency, predictability, and a more positive atmosphere. They teach new skills to help children get their needs met. The solid foundation will help even if challenging behaviors persist by creating a bedrock for additional layers of support.

Here are places to seek additional information:

Summer 2020 Recreation and Staycation Options

Summer activities might look different in 2020 because of measures to slow spread of COVID-19. Here are some links and ideas for accessible staycations and other recreation options. This list is subject to changes and updates. Have a suggestion to add? Send us an email: pave@wapave.org.

Please note that these resources are not affiliated with PAVE, and PAVE does not recommend or endorse these programs or services. This list is not exhaustive and is provided for informational purposes only.

Virtual Options

  • Crip Camp 2020: The Virtual Experience
    Join fellow grassroots activists and advocates this summer for a virtual camp experience featuring trailblazing speakers from the disability community. All are welcome, and no prior activism experience is necessary to participate.
  • Youth Leadership Forum
    A Facebook group called Friends of YLF provides the most up-to-date information about plans for a weeklong virtual camp in July 2020.
  • Visit your local library system
    This site provides contact information for Washington libraries. Many libraries offer online activities and options to make summer reading fun and rewarding.
  • Creativity Camp
    Register for a free week of writing, drawing and storytelling classes from award-winning author/illustrator Arree Chung. 
  • Camp Korey
    This 15-year-old program honors the courage, strength, and determination of children with serious medical conditions by providing a camp environment with specialized medical support. 2020 programs include virtual camps and campfire Fridays.
  • Taste of Home catalog of Free Virtual Museum Tours
    From the safety of home and for free, visit the Louvre, SeaWorld, the Winchester Mystery House and many more museums. For example, the Metropolitan Museum of Art provides a free 3-D tour of its exhibit halls.
  • National Parks Virtual Tours
    Insider provides links to virtual tours of 32 national parks, including the Grand Canyon, Yellowstone, and Arches National Park.
  • NASA Kids’ Club and NASA STEM @ Home
    The NASA Kids’ Club offers video-style games and opportunities to learn about the work of NASA and the astronauts. The STEM @ Home programs provide interactive modules in Science, Technology, Engineering and Math (STEM) for grades K-4, 5-8, and 9-12.
  • Sesame Street Caring for Each Other
    Favorite Muppets provide sing-alongs, interactive games, and other ready-to-use materials to spark playful learning for the whole family during COVID-19 and beyond.
  • Storyline Online
    Have you noticed that there are a lot of famous people reading books? Storyline provides a place to find many of them in a virtual library.
  • Nomster Chef
    Picture-book recipes for Kid Chefs and added tips for grown-ups are designed for families cooking together at home.

In-Person Options

Please note that scheduling may change based on COVID-19 restrictions. Please check each program website for the most current information.

  • Spectra Gymnastics
    Programs are designed to support individuals with Autism, sensory issues, and related disorders, ages 2-21.
  • Aspiring Youth  
    Summer camp opportunities with in-person and online options. Camps provide opportunities to explore theater, art, climbing and more. 
  • Camp Killoqua 
    These Camp Fire programs are open to all — including youth who are not members of Camp Fire. Camps strive to be inclusive; acceptance and participation is open to everyone regardless of race, religion, socioeconomic status, disability, sexual orientation, or other aspect of diversity.
  • C.A.S.T. for Kids
    Catch a Special Thrill (C.A.S.T.) provides fishing events for kids with special needs. Check the interactive map and calendar for summer events near you.
  • Blue Compass Camps
    Sea Kayaking in the San Juan Islands is among the offerings for youth with high-functioning autism, Asperger’s, and ADHD.

Low-Tech Fun

  • Pirate Treasure Hunt: Dress up as pirates to follow clues that lead to a bounty of treasure! Decorate the house, offer goldfish- shaped crackers as snacks, and design an X to mark the spot where the treasure is found!
  • Under the Stars:  Stay up late to learn about astronomy. No cost apps like Sky Map and Star Walk help locate planets, stars, and constellations with ease. Make it fun on a warm night with a blanket on the grass to keep you comfy while you gaze up!
  • Unplug and get off the grid: Make a point to unplug and tune into fresh air, exercise, and nature. If you don’t already know an outdoor spot to explore, All Trails can help you find hiking or walking trails.
  • Check out PAVE’s Lessons at Home videos: We’ve got short, curiosity-inspiring projects that require limited equipment for those “I’m bored!” moments.
  • Practice being Mindful: Need a breath and a moment of peace? PAVE has short videos for creating mindfulness that are accessible for almost all ages/abilities.
  • For more ideas and information, PAVE provides two resource lists to help with learning at home and to support families navigating the national health emergency:

Links to Support Families During the Coronavirus Crisis

Please note that these resources are not affiliated with PAVE, and PAVE does not recommend or endorse these programs or services. This list is not exhaustive and is provided for informational purposes only. PAVE provides a separate resource list to help parents support learning at home: Links for Learning at Home During School Closure

  • WestEd.org, a California-based nonprofit committed to equity for learners of all ages, provides a guidebook with practical support for parents of children birth-5 during stay-at-home orders. Caring for Young Children While Sheltering in Place provides quick links to activity videos (story-based yoga, for example), easy-to-learn songs, arts-and-crafts, sensory play, cooking with kids, and much more.
  • The Autism Intervention Research Network on Behavioral Health (AIR-B or airbnetwork.org) provides a downloadable resource guidebook for family caregivers and educators in English, Spanish, and Korean. The guidebook includes ready-to-use forms to prepare for meetings with the school, mindfulness strategies, social stories to support understanding about the pandemic, and more.

  • Mental Health guidance resources specifically designed to support families managing the unique stressors of COVID-19 are available in multiple languages from the Center for Victims of Torture. Language choices include English, Spanish, Arabic, Chinese, French, Russian, and more.

  • The WA State Department of Health provides a Behavioral Health Toolbox for Families Supporting Children and Teens During the COVID-19 Pandemic, published in July 2020. Each age-specific section (toddlers, school-age children, teens) includes information on common emotional responses, helping children heal and grow, and managing feelings and behaviors children may experience.

  • In response to the impacts of COVID-19, Drive-In WiFi Hotspots provide free temporary, emergency internet access for Washingtonians who do not have broadband service to their homes.
  • Is in-person school safe for fall 2020? Doctors from the Infectious Diseases Society of America offer their recommendations in a July 28, 2020, Podcast. Here are primary questions to ask:
  1. Is the rate of infection in the community going down?  
  2. Does the community have a clear protocol for testing and contact tracing?  
  3. Does the school provide a clear protocol for what to do if/when a student or staff member tests positive for COVID-19? 
  • The Washington State Hospital Association provides a coronavirus tracking map. Knowing whether cases are on the rise in the community might empower families making decisions related to school planning for 2020-21.
  • Washington Listens is a program to support anyone in Washington State experiencing stress due to the COVID-19 pandemic. For anonymous support, call 1-833-681-0211, Mon.– Fri., 9 a.m. to 9 p.m. and weekends 9 a.m. to 6 p.m. TTY and language access services are available.
  • The American Academy of Child and Adolescent Psychiatry provides a resource library to help parents and children during the pandemic. Included are articles to help parents talk with children of various ages about COVID-19, stress-management strategies, and teen-specific tools. Some articles are in English and Spanish.
  • Zero to Three offers age-appropriate resources related to COVID-19 for toddlers, parent guidance for self-care, mindfulness tips and activities for young children experiencing social distancing.
  • Washington’s Department of Children, Youth and Families (DCYF) provides COVID-19 guidance for families of children in early learning through the Early Support for Infants and Toddlers (ESIT) program. Included is information about the Individual Family Service Plan (IFSP), how to manage a transition from IFSP to school-based services during the pandemic and tips for telemedicine appointments and protection of confidentiality.
  • The Children’s Trust Fund Alliance provides a variety of tools related to resiliency and how to boost protective factors for children through its Parent Voice programs and resource collections. Included are interactive resources specific to COVID-19 to help parents share ideas with one another through an online network.
  • What Makes Your Family Strong offers printable tools to support family resilience, with cartoon and action-figure art and simple messages.
  • The Tribal Law and Policy Institute (TLPI) provides an Indian Country COVID-19 (Coronavirus) Resources Page with links to information and resources concerning relevant tribal, federal, and state issues, initiatives, and resources for effectively addressing the COVID-19 pandemic in American Indian and Alaska Native communities.
  • Sesame Street.org has launched Caring for Each Other to provide multimedia materials for families in multiple languages to support children’s well-being during COVID-19.
  • 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.”
  • Most hospitals do not allow loved ones to accompany patients for treatment during COVID-19. A New York doctor has created a COVID-19 Disability Form so families can design a communication plan before a person with Intellectual Disability (IDD) might need medical care related to COVID-19 symptoms. State-specific Disability COVID-19 Forms are available through the Stony Brook University’s website. Questions may be directed to Michelle Ballan, PhD at michelle.ballan@stonybrook.edu.
  • The Centers for Disease Control and Prevention (CDC) provides a series of videos available on YouTube with information about COVID-19 in American Sign Language (ASL).
  • Cómo lidiar con la pérdida: The Washington State Department of Health offers a blog about coping with loss, written in Spanish.
  • Triple P (Positive Parenting Program) provides a downloadable 2-page tip sheet for parents and caregivers during uncertain times. Available in English and Spanish, the guide recommends 10 concrete things families can do today, starting with ways to reassure children.
  • The Child Care Aware of Washington Family Center has expanded operations to serve as the statewide child care response, resource and referral hub during the COVID-19 pandemic. Operated by Child Care Resources, the center supports families seeking childcare, childcare providers needing up-to-date COVID-19 information and safety supports, and employers needing child care options for their workforce: 1-800-446-1114.
  • For state information in multiple languages, visit Washington’s official COVID-19 site, managed by the Joint Information Center, a part of the Washington State Emergency Operations Center.
  • For the most current information about school district meals 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.
  • Washington is among states that have re-opened enrollment for public health insurance due to the pandemic. The Washington Health Benefit Exchange provides information about how to enroll through the state’s Healthplanfinder.
  • The Washington State Department of Financial Institutions has developed a list of financial resources for Washington consumers impacted by the Coronavirus.
  • The Washington Department of Health (DOH)tracks statewide spread of the coronavirus and provides a call center: 1-800-525-0127. Hours for the call center are on the website, which lists frequently asked questions related to symptoms and testing. Note that DOH is waiving certain requirements for tele-health access.
  • The Centers for Disease Control and Prevention(CDC) maintains a page to track national news and updates related to the outbreak.
  • A simply written 8-page booklet about Coronavirus, created by and for individuals with intellectual and developmental disabilities, is available for download from the Center for START Services at the University of New Hampshire Institute on Disability.
  • The Developmental Disabilities Administration (DDA) has established a webpagefor case managers, home care workers and other service agencies and facilities. Included are linkages to the following downloadable documents:
  • Protecting Immigrant Families provides a downloadable fact sheet called You Have Rights: Protect Your Health. The website offers updates from U.S. Citizenship and Immigration Services (USCIS): In March 2020, USCIS announced that immigrants can seek testing, treatment, and prevention of COVID-19 without immigration consequences despite a public charge rule that went into effect in February.
  • 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 a webpage on teleintervention. Topics include training for families learning to navigate technology for online learning and appointments.
  • com suggests 7 Telehealth Activities ABA Providers Can Use with Children with ASD [Autism Spectrum Disorder]
  • The Child Mind Institute provides access to live video chats with clinicians, telemedicine and more. The agency provides guidance in English and Spanish and offers parents an opportunity to sign up for a COVID-19 tip of the day.
  • The Branch, a program of PAVE, provides sample documents and medical guidance for family caregivers who are responsible for children because of a parent’s military service.
  • The US Department of Agriculture provides guidance about Food and Nutrition services, including information about waivers available because of the pandemic.

Education System Links

OSPI Provides Guidance for Families

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.