IDEA: The Foundation of Special Education

A Brief Overview

  • The Individuals with Disabilities Education Act (IDEA) is a federal law that entitles children to special education services if disability significantly impacts access to education and a specially designed program is needed.
  • IDEA has been federal law since 1990, and key concepts are from the Education for All Handicapped Children Act, passed in 1975. PAVE provides an article and infographic about disability rights history.
  • A primary principle of the IDEA is the right to FAPE (Free Appropriate Public Education) for students eligible for special education services. FAPE rights are also protected by civil rights laws, including Section 504 of the Rehabilitation Act of 1973.
  • IDEA consists of four parts that ensure that individuals with disabilities receive support and education throughout their lives, from early childhood through adulthood.
  • To qualify for an IEP, a student meets criteria in one of the 14 eligibility categories (WAC 392-172A-01035), the disability must have a negative impact on their learning, and the student must require specially designed instruction (SDI) to benefit from the general education curriculum.

Full Article

The Individuals with Disabilities Education Act (IDEA) is a federal law that was passed in 1990 and has been amended. The IDEA provides children with qualifying disabilities, from birth to age 21, with the right to services designed to meet their unique, individual needs.

Eligible children ages 3-21 who receive services at school have a right to FAPE: Free Appropriate Public Education. In accordance with the IDEA, FAPE is provided when individualized services enable a student with a disability to make progress that is appropriate, in light of their circumstances.

Services are delivered through an Individualized Education Program (IEP). A non-discriminatory evaluation and family participation on an IEP team are aspects of FAPE. Families have dispute resolution options that are described in the Procedural Safeguards.

IDEA requires FAPE to be provided in the Least Restrictive Environment to the maximum extent possible, which creates a responsibility for schools to serve students in the general education environment, with appropriately inclusive access to grade-level learning, whenever possible. Access to general education might be provided through an adapted curriculum, additional adult support, assistive technology, or something else. PAVE provides more information about Washington State’s work to improve inclusive practices.

Many of these concepts were part of IDEA’s predecessor law, the Education for All Handicapped Children Act, passed in 1975. That was the first United States law that required schools to provide special education services to all children with eligible disabilities. PAVE provides an article and infographic about disability rights history. The IDEA’s primary features are further detailed later in this article.

The IDEA drives how states design their own special education policies and procedures. Title 34, Part 104 is the non-discrimination federal statute under the Office for Civil Rights Department of Education. In Washington State, rules for the provision of special education are in Chapter 392-172A of the Washington Administrative Code (WAC).

FAPE is an important acronym to learn!

Families often ask: What does the school have to provide? The answer to that question is FAPE. The school district is responsible to make sure a student with an eligible disability condition is receiving FAPE.

As part of their right to FAPE, a student eligible for an IEP has the right to an individualized services program that ensures their education is appropriate, equitable, and accessible. All of those terms are part of FAPE. Figuring out how to provide FAPE is the work of an IEP team, and part of FAPE is ensuring that family is part of the decision-making team.

FAPE must ensure that the student finds meaningful success, in light of their circumstances. Trivial progress on IEP goals or the same goals year after year does not meet the federal standard for FAPE. A lawsuit referred to as Endrew F was settled by the 2017 U.S. Supreme Court and included specific requirements for meaningful progress and parent participation.

If a neighborhood school cannot provide the services and programming to guarantee FAPE within the general education classroom, then the school district is responsible to work through the IEP process to design an individualized program and placement that does meet the student’s needs. Keep in mind that Special Education is a Service, Not a Place: see PAVE’s article with that statement as its title.

IDEA considers the whole life of a person with a disability

IDEA includes Parts A, B and C. The right of a child with disabilities to receive an education that prepares that child for adult life is stated in Part A: ​

“Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society…

“Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.”

Part B of the IDEA covers children ages 3 through 21—or until graduation from high school. Students who receive services through an Individualized Education Program (IEP) are covered under Part B.

Part C protects infants and toddlers, aged 0 (birth) to 3 years old, who need family support for early learning. ​The disability category of developmental delay overlaps early learning and IEP and can qualify a child for free, family-focused services to age 3 and school-based services through age 9. PAVE provides downloadable toolkits specifically designed for parents and families of young children:

  • From Birth to Three Toolkit: This toolkit provides places to begin if caregivers suspect that a baby or young child may need services due to a developmental delay or disability.
  • Transition Toolkit for Ages 3-5: This toolkit encompasses a collection of our informative articles, complemented by sample letters to provide you with a solid foundation as you navigate through this crucial transition period.

Part D outlines grants and funding for programs that help students with disabilities get a better education, including:

  • Teacher training programs to train teachers and school staff in Washington State on the best ways to teach students with disabilities.
  • Office of the Superintendent of Public Instruction (OSPI)’s Multi-Tiered System of Supports (MTSS) – a system that helps train school staff on how to support students’ academic, social, emotional, and behavioral needs.
  • Parent Training and Information Centers help students with disabilities and their families understand their rights, navigate the special education process, and get involved in their children’s education. PAVE provides Parent Training and Information (PTI) to family caregivers, youth, and professionals in Washington state with questions about services for children and young people with disabilities, aged 0-26. In addition, Community Parent Resource Centers (CPRCs) serve the same function as PTIs but are typically smaller and located in underserved communities, often addressing the needs of families from culturally or linguistically diverse backgrounds. CPRC, Open Doors for Multicultural Families serves multicultural families in South King County.
  • Educational technology funds can be used to buy or create technology that helps children with disabilities learn, so they have the same opportunities as other students.
  • Transition services help students with disabilities move from high school to adult life, like getting a job, going to college, or living independently.
  • Washington’s Early Support for Infants and Toddlers (ESIT), can use Part D funds to help research and expand services for young children with disabilities to get them ready for school.
Explanation of what IDEA stands for

Click to print the explanation of IDEA

Eligibility for school-based services

To qualify for an IEP, a student meets criteria in one of the 14 eligibility categories defined in WAC 392-172A-01035. The disability must have a negative impact on learning. Not every student who has a disability and receives an evaluation will qualify for an IEP. Following procedures described by the IDEA, school districts evaluate students to consider 3 key questions:

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

When each answer is yes, a student qualifies for services. In each area of identified need, Specially Designed Instruction (SDI) is recommended to help the student overcome the impact of the disability to access FAPE. Progress in that area of learning is tracked through goal-setting and progress monitoring.

Additional Information

PAVE provides training on a variety of topics, including live and on-demand, in person and online. Register for an upcoming training on the PAVE calendar.

Special Education Blueprint: The Six Principles of IDEA 

Navigating the education system can be challenging for students with special needs and their families. Fortunately, the Individuals with Disabilities Education Act (IDEA) provides a robust framework to ensure that eligible students receive the support they need. IDEA is a federal law built on six key principles that guarantee specific rights and protections. 

The six principles of IDEA are: 

1. Free Appropriate Public Education (FAPE) 

Students with disabilities have the right to a free and appropriate education (FAPE) tailored to their needs. This means they get special education services, accommodations, and modifications at no cost to their families. To better understand what FAPE entails, let’s break down its key components: 

  • Free: Education for children with disabilities is provided at no cost to parents, except for incidental fees like club memberships, which are the same as for general education students. 
  • Appropriate: Each child with a disability is entitled to an education tailored to their individual needs, including suitably challenging goals and supporting progress in the general education curriculum. Depending on the unique needs of the student, appropriate services may include transition services that continue through the school year in which the student turns 21 years of age. 
  • Public: Children with disabilities have the same right to attend public schools as their non-disabled peers. Public schools must accommodate their individual needs and help them plan for the future. 
  • Education: All children in the state between the ages of 5 and 18 are entitled to a public education. Eligible children with disabilities will receive a public education that includes special education and related services, preparing them for further education, employment, and independent living. 

2. Appropriate Evaluation 

IDEA requires schools to take a closer look at children with potential disabilities (Child Find Mandate). Before a student can receive special education services, an appropriate evaluation must be conducted. This comprehensive assessment is designed to identify the child’s specific educational needs. The evaluation must be free of bias, use multiple methods of assessment, and be conducted by a team of qualified professionals. Parents and guardians have the right to be involved in this process. The results provide information that the school and parents use to make decisions about how the child’s education can be improved. 

The school follows specific deadlines for an evaluation process. They have 25 school days to respond to the referral in writing. If they proceed with the evaluation, they have 35 school days to complete the assessment. 

3. Individualized Education Program (IEP) 

The IEP is a critical component of IDEA. The IEP is developed collaboratively by a team that includes the student, parent(s) or guardian(s), teachers, school administrators, and other specialists. The program is reviewed at least once a year. Every student on an IEP gets some extra help from teachers, but the rest of the program depends on what a student needs to learn. Areas of need may be academic, social and emotional skills, and/or general life skills.  

Washington State requires schools to start IEP services within 30 calendar days of the eligibility finding. That means school staff generally start drafting the IEP right after the school and family meet to talk about the evaluation and the student’s eligibility. A family member can ask to extend the 30-day deadline, but schools cannot delay the process without parental consent. 

4. Least Restrictive Environment (LRE) 

IDEA emphasizes that children should be educated alongside their non-disabled peers “to the maximum extent appropriate.” This principle ensures that children with disabilities have access to the same educational opportunities as their peers. General education classrooms and school spaces are the least restrictive. If the school has provided extra help in the classroom but the special education student still struggles to access FAPE, then the IEP team considers other options. The school explains placement and LRE in writing on the IEP document.  

5. Parent and Student Participation 

The IDEA and state regulations about IEP team membership make it clear that parents or legal guardians are equal partners with school staff in making decisions about their student’s education. This includes participation in IEP meetings, access to educational records, and the ability to provide input on educational goals and services. As a child matures, they are also encouraged to participate in the decision-making process, promoting self-advocacy and independence.  When the student turns 18, educational decision-making is given to the student. The school does its best to bring parents and students into the meetings, and there are specific rules about how the school provides written records and meeting notices (WAC 392-172A-03100). 

6. Procedural Safeguards 

Procedural safeguards are designed to protect parent and student rights by ensuring that they receive a written explanation of their rights at the time of referral for special educational evaluation and every year after. When parents and schools disagree, these rights describe the actions a parent can take informally or formally. 

A copy of the procedural safeguards is downloadable in multiple languages from the Office of Superintendent of Public Instruction (OSPI), the guidance agency for Washington schools. Parents may receive procedural safeguards from the school any time they request them. They also may receive a copy if they file a complaint with the state. Procedural safeguards are offered when a school removes a student for more than 10 days in a school year through exclusionary discipline.  

Learn more about IDEA 

IDEA ensures that individuals with disabilities receive support and education throughout their lives, from early childhood through adulthood.  It drives how states design their own special education policies and procedures. In Washington State, rules for the provision of special education are in Chapter 392-172A of the Washington Administrative Code (WAC). 

PAVE provides training on a variety of topics, including IDEA. Trainings are live and on-demand, in person and online. Register for an upcoming training on the PAVE calendar

Additional Information: 

How to Decide on a Post-Secondary Program Worksheet

The following information is part of the college readiness workbook. You can download this and other parts of this workbook for your personal use. Each document is fillable.

Fill in your answers to the questions.

Talk With Each Other

  • What are my abilities?
  • What are my strengths?
  • How does my disability affect my learning and ability to show what I know on tests?
  • What accommodations do I need to be successful?
  • What postsecondary education or training programs do my teachers and school counselors recommend for my areas of interest?

Talk Together About Your Concerns With Student Support Services

  • Where is the school located and does that school setting (urban, suburban, or rural) meet my needs?
  • If I cannot live independently, what is the distance from home?
  • Does the student/instructor ratio ensure I can access office hours with my instructor(s) as needed?

Not all programs provide the same accommodations, and colleges do not make modifications to alter academic requirements.

  1. Does the program offer the accommodations I need to be successful?
  2. Are the housing options accessible for my individual needs?

Do I require someone to assist with:

  1. Self-help (like bathing)?
  2. Managing my medications and medical treatments?
  3. Nutrition and hygiene needs (laundry, washing dishes, cooking?)
  4. Do I have a service animal?

Disclaimer: All content is for informational purposes only. The information on this page is not a substitute for legal advice. When it comes to the law and policy matter, please consult an attorney or advocate on your child’s behalf.

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

A Brief Overview

  • Special Education is provided through the Individualized Education Program (IEP) for a student with a qualifying disability. The first step is to determine eligibility through evaluation. This article describes that process and provides information and resources related to each eligibility category.
  • 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. To learn more, watch PAVE’s three-part video series: Student Rights, IEP, Section 504, and More.
  • Washington law requires evaluation referrals in writing. The state provides a form for referrals, downloadable from a website page titled, Making a Referral for Special Education. The person making the referral can use the form or any other format for their written request.
  • PAVE provides a Sample Letter to Request Evaluation.

Full Article

If a student is having a hard time at school and has a known or suspected disability, the school evaluates to see if the student qualifies for special education. A child is protected in their right to be evaluated by the Child Find Mandate, which is part of the federal Individuals with Disabilities Education Act (IDEA).

If eligible, the student receives an Individualized Education Program (IEP). Information collected during the evaluation is critical for building the IEP.

The school follows specific deadlines for an evaluation process. They have 25 school days to respond to the referral in writing. If they proceed with the evaluation they have 35 schools days to complete the assessment. For an eligible student, an IEP must be developed within 30 calendar days.

If parents disagree with the school’s evaluation, they can request an Independent Educational Evaluation (IEE) in writing. The school must either pay for the IEE or defend its evaluation and their IEE denial through Due Process. PAVE provides an article, Evaluations Part 2, with more information and a sample letter for requesting an IEE.

Complaint options and family/student rights are described in the Procedural Safeguards, downloadable in multiple languages on the website of the Office of Superintendent of Public Instruction (OSPI).

When a written referral is submitted to the school district: The IEP Services begin ASAP with the signed consent of the parent.  The school district has 30 calendar days to develop the IEP and 35 school days to complete the evaluation.

Evaluation is a 3-part process

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

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

If the answer to all three questions is Yes, the student qualifies for an IEP. After the evaluation is reviewed, the IEP team meets to talk about how to build a program to meet the needs that were identified in the evaluation. A summary of the most important findings is listed in the Adverse Educational Impact Statement on the IEP. Additional findings become part of the present levels statements, which are matched with IEP goal-setting and progress monitoring.

TIP: Read the Adverse Educational Impact Statement carefully to make sure it captures the most important concerns. The rest of the IEP is responsible to serve the needs identified in this statement. Families can request changes to this statement at IEP meetings. PAVE’s article, Advocacy Tips for Parents, provides information to help families prepare for and participate in meetings.

Don’t wait to evaluate because of provider wait lists

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

What areas can be evaluated?

When a parent signs consent for an evaluation, looking through the list of areas the school intends to evaluate is important to ensure that all concerning areas are included. Families can request additional areas to include in the evaluation, including a Functional Behavioral Assessment, for example.

Listed below are examples of skill areas that are commonly evaluated:

  • 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.
  • Cognitive: Testing to determine intelligence quotient (IQ) scores: verbal IQ, performance IQ, and full-scale IQ. These tests provide important data about a student’s strengths and weaknesses and can be important for IEP teams making decisions about how to adapt materials to ensure accessibility.
  • 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.

TIP: Keep in mind that strengths are measured alongside challenges and can provide important details. An IEP should always include statements about what the student does well, and the IEP team uses this information to reinforce and build on strengths throughout the program.

Below is an infographic showing this: See this infographic in PDF form

An infographic of what areas can be evaluated.

Eligibility Categories of Disability

Areas of evaluation are associated with 14 eligibility categories. 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.

Below is a list of the 14 eligibility categories, including some information about places to get further information or specific resources.

  • Autism: A student does not need a medical diagnosis to be evaluated by the school. If features of autism may significantly impact access to learning, then the school can assess those features to determine eligibility and special education needs. See PAVE’s article about Autism Spectrum Disorder for information and resources.
  • Emotional Disturbance: Psychological or psychiatric disorders (anxiety, depression, schizophrenia, post-traumatic stress, etc.) can fall under this category, which Washington State refers to as Emotional Behavioral Disability (EBD). Please note that all eligibility categories are intended to identify the needs of students and are not intended to label children in ways that might contribute to stigma or discrimination. PAVE provides a Behavioral Health Toolkit for Navigating Crisis, School-Based Services, Medical Services, Family Support Networks, and More.
  • 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. The school might find, for example, that a student has a reading disability “with the characteristics of dyslexia,” although the school may not be willing to name the condition using formal diagnostic terms. Washington requires schools to screen primary school children for dyslexia. The Office of Superintendent for Public Instruction (OSPI) has information about state requirements. PAVE provides an article, Dyslexia Screening and Interventions: State Requirements and Resources, and a video,Supporting literacy: Text-to-Speech and IEP goal setting for students with learning disabilities.
  • 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. Sometimes a Related Service is needed to assess a student because school staff do not have the expertise to properly understand a disability condition in order to make service recommendations. “Medical services for diagnostic or evaluation purposes” are written into federal law (IDEA Section 1432) as something schools provide at no cost to the family, if necessary as part of special education process.
  • Speech/Language Impairment: This category can include expressive and/or receptive language disorders in addition to issues related to diction (how a student is able to produce sounds that are understood as words). Social communication deficits also might qualify a student for speech services. The Washington Speech Language Hearing Association (wslha.org) provides Consumer Information on its website and published a downloadable resource, Guidelines for Evaluation and Identification of Students with Communication Disorders.
  • Multiple Disabilities: Students with complex medical and learning needs can meet criteria in this category. Depending on their impairments, a student eligible in this category might receive services in a range of ways that overlap with other disability categories. Washington Sensory Disabilities Services (WSDS.wa.gov) may have information and resources to support families and schools in these complex situations.
  • Intellectual Disability: A student with Down Syndrome or another genetic or cognitive disorder might meet criteria in this category. Washington State’s Department of Social and Health Services manages the Developmental Disabilities Administration (DDA) that provides services for people with intellectual and developmental disabilities (I/DD). DDA’s Informing Families website and newsletter is a place for information and resources. A child with a disability related to I/DD may be identified early and receive Birth-3 services through an Individualized Family Service Plan (IFSP). PAVE provides an Early Learning Toolkit.
  • Orthopedic Impairment: OI refers to physical disabilities that impact access to education. PAVE provides an article about Related Services to help families understand services provided through school versus the medical system.  
  • Hearing Impairment: Whether permanent or fluctuating, a hearing impairment may adversely affect a child’s educational performance. The Center for Deaf and Hard of Hearing Youth (cdhy.wa.gov) provides information and resources for families and schools. Another place for information is Washington Sensory Disabilities Services (WSDS.wa.gov).
  • Deafness: A student unable to process linguistic information through hearing, with or without amplification, may be eligible for services under this category. The Center for Deaf and Hard of Hearing Youth (cdhy.wa.gov) provides information and resources for families and schools.
  • Deaf blindness: A combination of hearing and visual impairments establishes a unique set of special education service needs. The Washington DeafBlind Program (deafblindprogram.wa.gov) provides information about seeking educational support and connecting with other families.
  • Visual Impairment/Blindness: Partial sight and blindness may fit this category when, even with correction, eyesight adversely affects a child’s educational performance. Washington State’s Department of Services for the Blind (DSB) is an agency that provides youth and adult services for individuals who are blind or low vision. Other places to seek resources and information are Washington Sensory Disabilities Services (WSDS.wa.gov) and Outreach services from the Washington State School for the Blind (wssb.wa.gov/services/outreach).
  • Traumatic Brain Injury: The state provides resources related to TBI, including guidance about Returning to School After Traumatic Brain Injury. Another place for resources and support is the Brain Injury Alliance of WA.
  • Developmental Delay (ages 0-9): This category can qualify a child for early learning (Birth-3) services in addition to IEP services through age 9. By age 10, a new evaluation may determine eligibility in another category for IEP services to continue. PAVE’s Early Learning Toolkit includes information to support families of babies, toddlers, preschoolers, and children in early elementary school.

What to do if you disagree

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.

Parents can take action if they disagree with the way testing was done or the way it was interpreted.

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.

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.

A student with an IEP has protections from Section 504; those protections are included in the IEP.

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.

Protections against bullying and discriminatory discipline are aspects of Section 504. Watch PAVE’s video, Behavioral Health and School: Key Information for Families.

Help from PAVE

PAVE’s Parent Training and Information (PTI) team provides 1:1 support and additional resources. Click Get Help or Call 1-800-5PARENT (572-7368) and select extension 115, English or Spanish available, to leave a dedicated message.

Get Ready for School with IEP Essentials

A Brief Overview

Each student has abilities and skills. A thoughtful Individualized Education Program (IEP) can highlight abilities and provides the supports needed for the student to learn. This article will help parents understand how to participate in the IEP process.

Every part of the IEP is measured against this question: How does this help the student with disabilities receive the support needed to access a Free Appropriate Public Education (FAPE)? Read on to learn more about FAPE and other important parts of special education.

Learn the 5 steps a parent can take as a member of the IEP team. This article will help you gear up for the school year.

The Parent Training and Information (PTI) team at PAVE are here to help: If you need 1:1 help navigating the IEP process, click Get Help! on our website, wapave.org.

Full Article

A new school year is a great time to take a fresh look at your student’s Individualized Education Program (IEP). If your student doesn’t have an IEP and you wonder if a disability might be impacting your student’s learning, this is a good time to learn about the special education process. This article will help you learn the basics. You can also read PAVE’s article about Evaluation, the first step in the IEP process.

As you and your student get ready for school, the most important thing is the “I” in IEP. The “I” is for “Individualized,” so no two IEPs are the same! Your student has abilities and skills. A thoughtful IEP highlights abilities and helps your student access the supports needed to learn. With an IEP, a student with disabilities can make meaningful progress in school.  It also prepares your student for life after high school. An IEP is a team effort, and parents and students who learn about the process and fully participate get on a path for success.

FAPE is an acronym you want to know

When Congress passed the Individuals with Disabilities Education Act (IDEA) in 1990, special education got its most important acronym: FAPE. FAPE stands for Free Appropriate Public Education. The right to FAPE makes the IDEA law unique: It is the only law in the United States that provides an individual person with the right to a program or service that is designed just for that person. This is called an entitlement.

Entitlement means that a student with disabilities is served on an individual basis, not based on a system or program that’s already built and available.

When schools and parents talk about a special education program, they talk about the services and instruction that a student needs to learn in school. Every part of the IEP is measured against this question: How does this help the student receive the support needed to access a Free Appropriate Public Education (FAPE)?

Education is a civil right. Students have the right to access a free, public education through the age of 21. Students with disabilities identified through an evaluation process qualify for FAPE. Let’s take a closer look at the second word in FAPE: Appropriate. When an education is “appropriate,” it is designed to fit a specific student. Like a custom-made garment, it fits the learning style, capacity and specific needs of the student without any gaps.

The IDEA is based on an earlier law: The Education for All Handicapped Children Act of 1975. This federal law was the first one that required schools to create specific educational plans for students with disabilities. In 1972 a Washington, D.C., court said that education should be free and “suitable” for all children of school age, regardless of disability or impairment.

Parents can keep this in mind when they read through the IEP or when they prepare for IEP meetings. They can ask, Is the program or service suitable and appropriate, given my student’s abilities and circumstances?  

To qualify for an IEP a student is evaluated to see if there is a disability that is causing an adverse educational impact. The educational evaluation may show that the student has a disability that matches at least one of the 14 categories that are listed in the IDEA. Those categories are:

Autism

Deaf-blindness

Deafness

Emotional Disturbance

Hearing Impairment

Intellectual Disability

Multiple Disabilities

Orthopedic Impairment

Other Health Impairment

Specific Learning Disability

Speech/Language Impairment

Traumatic Brain Injury

Visual Impairment/Blindness

Developmental Delay (ages 0-8)

 

If the student, with parent input, is determined to “meet criteria” under the IDEA, then that student is eligible for special education services. Special education is a service, not a place.

Current federal law includes six important principles

The IDEA, which has been amended a few times since 1990, includes some important elements for  parents. Here’s a brief overview:

  1. Free Appropriate Public Education (FAPE): Students with disabilities who need a special kind of teaching or other help have the right to an education that is designed just for them.
  2. Appropriate Evaluation: The IDEA requires schools to take a closer look at students with suspected disabilities. That part of the law is called the Child Find mandate. There are rules about how quickly those evaluations get done. The results provide information that the school and parents use to make decisions about how the student’s education can be improved.
  3. Individualized Education Program (IEP): The IEP is an active program, not a stack of papers. The document that describes a student’s special education program is carefully written and is reviewed at least once a year by a team. This team includes school staff and parents/guardians and the student, when appropriate. Learning in school isn’t just academic subjects. Schools also help students learn social and emotional skills and general life skills. Every student has access to a High School and Beyond Plan by age 12 or 13. By age 16, an IEP includes a transition plan for life beyond high school. This helps the student make a successful transition into adulthood and is the primary goal of the IEP.
  4. Least Restrictive Environment (LRE): The IDEA says that students should be in class with non-disabled classmates “to the maximum extent appropriate.” That means that regular classrooms and school spaces are first choice as the “least restrictive” places. If the school has provided extra help in the classroom but the special education student still struggles to be successful, then the IEP team considers other options, such as a structured learning classroom. The school explains placement and LRE in writing on the IEP document.
  5. Parent and Student Participation: The IDEA makes it clear that parents or legal guardians are equal partners with school staff in making decisions about their student’s education. When the student turns 18, educational decision making is given to the student. The school does its best to bring parents and students into the meetings, and there are specific rules about how the school provides written records and meeting notices.
  6. Procedural Safeguards: The school provides parents with a written copy of their rights at referral and yearly thereafter. Parents may receive procedural safeguards any time they request them. They may also receive procedural safeguards the first time they file a citizen’s request in a school year or when they file for due process. Procedural safeguards are offered when a decision is made to remove a student for more than 10 days in a school year as part of a disciplinary action. When parents and schools disagree, these rights describe the actions that a parent can take informally or formally.

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

Understanding the laws and principles of special education can help parents get ready to dive into the details of how to participate on IEP teams. Getting organized with school work, contacts, calendar details and concerns and questions will help. Here’s the basic 5-step process:

  1. Schedule

    Evaluation is the testing that a school completes to determine if a student meets the requirements for an IEP. A teacher, administrator or parent can refer a student for an educational evaluation. If the student has never had an IEP and the parent is making the request, here are a few tips:  Make the request in writing, and know your rights if the school’s answer is no. PAVE provides a sample letter that anyone can use. You can request information and help at wapave.org

    Once testing is complete, the school schedules a meeting to discuss the results and whether a team will move forward in developing an IEP. ​Parents get a written invitation to the meeting. If the date and time don’t work, keep in mind that parents are required members of the IEP team. The school and family agree on a time, and schools document efforts to include parents at all IEP team meetings. You can ask ahead for the agenda to make sure there’s going to be enough time for the topics being discussed.

    The school’s invitation lists who’s going to be there. The team could be very large or very small depending on the needs of the student and the professionals involved. ​Team members include: ​

  • A parent or legal guardian​
  • A District Representative. A school administrator can fill this role, so this person might be a staff member from the district special services office, a principal, a dean or a building administrator. This person needs to know district policies and should have some power to make decisions and implement team recommendations.  ​
  • Experts to explain the testing results. This could be a school psychologist or a specialist such as a physical therapist, occupational therapist, Applied Behavior Analyst (ABA), a nurse, etc.
  • Any individuals with knowledge or expertise invited by the school, the student or family. Therapists, counselors, extended family and friends sometimes attend. ​
  • The student. Self-advocacy is important at all ages, but youth making after-high-school plans are especially encouraged to attend, participate or even lead their own meetings. Many parents bring out photographs of their student to place on the table during the discussion. Don’t be afraid to get creative to make sure that the “I” isn’t left out of IEP! ​

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

  1. Prepare

    Confirm the time and location for the meeting and read the attendance list. If a key member of the team is going to miss the meeting, you will have to sign consent to excuse that person. Ask to reschedule if you aren’t okay with that person being gone.

    You can ask for a copy of the evaluation results or a draft copy of the IEP before the meeting to help you get ready. You can collect letters or important documents from medical professionals or other providers to help you explain something that’s concerning you. You may write a short list of questions, so you don’t forget to ask something important during the meeting. Another option is to make a list of your student’s strengths and talents, to make sure that the school’s program builds on what already works. You can write a letter of concern and ask for it to be attached to the IEP document. Consider inviting someone to come with you, to take notes and help you stay focused. 

  2. Learn

    Knowing the technical parts of an IEP will help you understand what’s happening at the meeting. Remember that the IEP is a living program, not a document. The document that gets drafted, revised and agreed upon does the best job that it can to describe the positions and intentions of the IEP team. The document is a reference guide for the real-time programming that a student receives at school each day. The IEP is a work-in-progress, and the document can be changed as many times as needed to get it right and help everyone stay on track.

    This list includes the technical elements of an IEP:

  • Present Levels of Performance, statements that describe how a student is doing in academics, and can include Social Emotional Learning (SEL) and everyday life skills
  • Educational Impact Statement, describing the disability and its impact on learning
  • Annual Goals, including academic, social, emotional and functional goals. Goals should be SMART (Specific, Measurable, Achievable, Relevant and Timely). The IEP provides a specific way to check on progress.
  • Assessments: state testing scores, upcoming testing schedules and accommodations for access to the tests
  • Program, Placement, Related Services and Supplementary Aids. Special ways of teaching a student are always included in an IEP. How that instruction and the rest of services get delivered is different in every situation and requires collaboration and creativity.
  • Scheduling Details: time, duration and location for all special education programs
  • Least Restrictive Environment (LRE): Schools explain how much time a student spends in special settings instead of regular settings with general education students. A chart or “service matrix” on the IEP document shows how much time a student spends in each location. This section also describes how the placement meets the LRE requirement “to the maximum extent appropriate.”
  • Extracurriculars and other nonacademic activities and how they are accommodated
  • Extended School Year (ESY), if the IEP team believes it is necessary.
  • Behavior Intervention Plan (BIP), as needed, based on a Functional Behavior Assessment (FBA) and recommendations from professionals who work with the student
  • Transition Plan (required on an IEP at age 16). This can be key to a young person’s future, and families and students need to participate fully. Sometimes counselors from the Department of Vocational Rehabilitation (DVR) or another agency interview the student or even come to the IEP meeting to help.
  • Age of Majority statement and plan for the transfer of rights to the student unless parents have guardianship when a student is 18
  1. Attend

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

Having a photo of a student who isn’t attending in the center of the table might help remind the team to keep conversations student-centered. Parents can help to make sure the focus stays on the needs, goals, strengths and interests of their student.

One key topic for discussion might be about the goals and how they are written. The acronym SMART can help the team make sure goals are Specific, Measurable, Achievable, Relevant and Timely. Ask how the school is going to keep track of progress. Decide as a team how often you would like progress reports.

You may discuss placement–where the school day will happen. Families and schools talk about how much time a student is spending in the Least Restrictive Environment (LRE):  Remember that LRE is one of the IDEA’s primary principles. Your opinion in this important conversation about inclusion matters! If your student is not participating with non-disabled peers in academic or extracurricular areas, ask for the reasons in writing.

At the meeting, behavior gets talked about if it’s getting in the way of a student’s ability to learn in school. You can request a Functional Behavior Assessment (FBA) so the IEP team can develop a Behavior Intervention Plan (BIP) to support the student. The U.S. Office of Special Education Programs has a document called a Dear Colleague Letter that describes the school’s obligations to provide behavior supports when they are needed. That document includes this statement:

“Parents may want to request an IEP team meeting following disciplinary removal or changes in the student’s behavior that impede the student’s learning or that of others, as these likely indicate that the IEP may not be properly addressing the student’s behavioral needs or is not being properly implemented.”

Specific goals for Social Emotional Learning and self-regulation strategies may be needed for appropriate and meaningful access to education. For more ideas, read PAVE’s article series about Social Emotional Learning

Here’s a list of other topics you may want to consider:

  • Modifications your student may need in class or for fire drills, lunch or recess support, walking to/from classes, etc.
  • Accommodations your student will need in class or for testing, such as earphones or a specific seat
  • Long-term goals: An IEP must include transition goals by age 16, and all Washington schools start Life After High School planning in middle school.
  • Extended time over breaks in the school year: Consider how your student might have a pattern of losing and regaining skills or information over extended breaks from school. You also might want to consider if your student is showing signs of emerging skills that potentially could be lost if an extended break from school happens.

Writing down how you plan to communicate with the school can help you participate in the IEP process. Your plan can be written into the IEP during your meeting. This is an individual education program and the team can agree on what is needed for everyone to work together for success. ​Here are a few ideas for ongoing communication with the school: ​

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

During your meeting, ask questions if you don’t understand something. If it is said in the meeting, it can also be put into writing. For example: “The district doesn’t have the funding to offer that.” You can choose to respond, “Please put that in writing.” Any decisions that impact your student’s education or changes to your student’s IEP must be written down in a form called the “Prior Written Notice.” It is like a thank-you note sent after a party. The note states what happened, why it happened and who participated in the event.

​5. Follow up

Your meeting may resolve your concerns. If it doesn’t, consider adding notes to the signature page. You can ask for a follow-up meeting or write a letter to be attached to the IEP document. Make sure to follow through with whatever communication plan the team agreed to. The IEP team reviews the program at least once a year but can meet and change the program more often, if needed.

This article began with a brief history of special education law. Parents have played an important role in that history, and they continue to impact the way that special education is provided in the schools. A recent court case that started in Colorado went all the way to the Supreme Court. That case, referred to as Endrew F, raised some standards related to the IEP. PAVE published an article on Endrew F that includes resource links and tips for using language from that court ruling to help in the IEP process.

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

You can choose to print this article and highlight the sections you want to remember. Tuck the pages into your notebook or file folder, with the most recent copy of the IEP.

Talking about the upcoming year with your student can help to reduce worries.  Talk about new activities, classmates and things that will be the same or familiar. Find out if your school has an open house, and plan to attend. At your visit, talk about the school with your student.  What do they like or not like?  What’s new or different? What questions do they have?  Take pictures during your tour, and you can review them in the days right before school starts.

Try to meet with your student’s teachers and other school helpers, including therapists or even the bus driver, if possible. Helping your student to establish relationships early can ease worries and help the school team know what makes your student unique and awesome. Share a simple “quick reference” version of the IEP or Behavior Plan, if available.  You can also write your own simple list of suggestions for success.

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

Resources for more information:

Office of the Superintendent for Public Instruction (OSPI) Special Education Resource Library

Open Doors for Multicultural Families: Resources

Center for Parent Information and Resources (CPIR/Parent Center Hub)

Wrightslaw: Tips for Using the IDEA to improve your student’s IEP

Regulations governing the development and content of an IEP are contained in the Individuals with Disabilities Education Act (IDEA, Public Law 108-446), and in the Washington Administrative Code (WAC 392-172A).