Bullying at School: Resources and the Rights of Students with Special Needs

A Brief Overview

  • OCR provides a fact sheet for parents about school legal obligations to address bullying. The fact sheet is available in Spanish.
  • According to OCR, students who are victims of bullying shall not be further victimized by the school’s response: “Any remedy should not burden the student who has been bullied.”
  • Families can ask the school for a form to file a “HIB Complaint.” HIB stands for Harassment, Intimidation, and Bullying.
  • OCR investigates complaints of disability discrimination at schools. OCR’s Complaint Assessment System provides a place to choose a language before filing a complaint. Contact OCR at 800-421-3481 (TDD: 800-877-8339).
  • Bullying protections apply to all students with disabilities, regardless of whether they are served through an Individualized Education Program (IEP) or a Section 504 Plan.
  • Failure to stop bullies and support a victimized student with disabilities is considered a denial of the student’s right to a Free Appropriate Public Education (FAPE). The U.S. Department of Education provides a Dear Colleague letter with guidance about bullying as a FAPE violation.
  • Find additional guidance at StopBullying.gov, which offers suggestions for parents and what teens can do.

Full Article

Students with disabilities who are bullied at school have legal protections, and schools have added responsibilities to ensure their safety and well-being. When acts of bullying involve discrimination based on disability, race, sex, or religion, federal agencies classify those acts as harassment.

The Office for Civil Rights (OCR) and the Department of Justice (DOJ) list the following as harassing behaviors:

  • Unwelcome conduct, such as verbal abuse, name calling, epithets, or slurs
  • Graphic or written statements
  • Threats
  • Physical assault
  • Other conduct that may be physically threatening, harmful, or humiliating

The PACER Center’s National Bullying Prevention Center, founded in 2006, provides this OCR and DOJ information and further explains that “bullying may also be considered harassment when the conduct is sufficiently serious that it interferes with (or limits) a student’s ability to participate in (or benefit from) the services, activities, or opportunities offered by a school, and it is based on a student’s disability.”

PACER Center provides letter templates to help parents write to the school and reminds families: “Data is important. Remember, if it is not in writing, it does not exist. Please be sure to keep a copy of the letter(s) for your records. These records can help parents keep a concise, accurate timeline of events. These sample letters are general in nature in order to serve all potential users.”

What does a school have to do when a child with a disability is bullied?

OCR provides a fact sheet for parents about school legal obligations to address bullying. The fact sheet is available in Spanish. Here are a school’s basic responsibilities:

  • Take immediate and appropriate action to investigate the issue and take necessary steps to stop the bullying and prevent it from recurring.
  • Interview targeted students, offending students, and witnesses, and maintain written documentation of the investigation.
  • Remedy the effects of bullying by further supporting a student with services through an Individualized Education Program (IEP) or Section 504 Plan.
  • Make sure the student who was bullied is helped and not further injured by actions taken in response. For example, the victim should not be suspended. According to OCR: “Any remedy should not burden the student who has been bullied.”

To learn more about student rights related to discipline, see PAVE’s article: What Parents Need to Know when Disability Impacts Behavior and Discipline at School.

What can a parent do?

Every school district has a process for filing a formal complaint related to harassment, intimidation and bullying (HIB). A parent or student can say, “I want to file a HIB complaint” and request the proper forms from the school.

Here are options for families:

  • Contact the HIB compliance officer in your school district.
  • Search online or request a HIB complaint form.
  • Request copies of the student handbook and the district’s written HIB policy.
  • If the act included a violation of the law, such as a physical assault, file a police report.
  • Request an emergency meeting of the IEP or Section 504 team to add supports for the student to ensure emotional and physical safety at school.
  • Ask the school district compliance officer for specific details—in writing—about who is responsible to stop the bullying, what will be done, and when. Ask how that officer will provide follow through and confirm accountability schoolwide. Write everything down.
  • Seek help from the Office for Civil Rights (OCR). The office investigates complaints of disability discrimination at schools. OCR’s Complaint Assessment System provides a place to choose your language before filing a complaint.
  • To learn more about federal civil rights laws or how to file a complaint, contact OCR at 800-421-3481 (TDD: 800-877-8339).

Rules in Washington State

The 2019 Legislature passed Substitute Senate Bill 5698, a Washington State law that prohibits harassment, intimidation, or bullying (HIB) in schools. The law requires school districts to have a formal HIB policy and a person designated to uphold the policy and distribute information among staff, students, and families.

The HIB Prevention and Intervention page of the Office of Superintendent of Public Instruction (OSPI) website includes guidance for students and families, including student safety plan templates and a sample HIB Incident Reporting Form available in multiple languages. There is also a link to the emails and/or phone numbers of HIB compliance officers in each school district, sample student safety plans. 

Washington State defines harassment, intimidation, or bullying (RCW 28A.300.285) as any intentional electronic, written, verbal, or physical act that:

  • Physically harms a student or damages the student’s property
  • Has the effect of substantially disrupting a student’s education
  • Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment
  • Has the effect of substantially disrupting the orderly operation of the school

The Governor’s Office of the Education Ombuds (OEO) offers direct support to students and their families. OEO provides an online intake form and a phone option, with language interpretation available: 1-866-297-2597.

According to OEO, “Bullying and harassment can be a difficult topic for schools, families and students, but not talking about it can make it worse.” OEO provides information and tools to help families figure out who to talk to, how to raise informal and formal complaints, and how to help prevent and respond to bullying or harassment: “If you have questions, or want help understanding or addressing a concern, contact us.”

The state chapter of the American Civil Liberties Union (ACLU Washington) provides a downloadable guidebook on student rights. A section about harassment states: “Harassment is illegal when it is so severe, persistent, or pervasive that it creates an intimidating or hostile school environment and interferes with your education.”

How common is bullying of students with disabilities?

Data show that students with disabilities are bullied at least twice as frequently as their typical classmates. According to the PACER Center: “Although only ten U.S. studies have been conducted on the connection between bullying and developmental disabilities, all of these studies found that children with disabilities were two to three times more likely to be bullied than their nondisabled peers.”

According to Disability Scoop, about half of individuals with autism, intellectual disabilities, speech impairments and learning disabilities are bullied at school. The rate of bullying for typical students is about 10 percent.

Stopping stigma and ending discrimination require everyone to consider myths about bullying that often make things worse for a person who has been the victim of harassment, intimidation, or bullying. PACER Center’s National Bullying Prevention Center provides a document that describes myths about bullying.

For example, it’s never true that “some people deserve to be bullied.” Here’s a statement to dispel that myth: “No child’s behavior justifies being hurt or harmed in any manner. All children deserve to be treated with respect and consideration.”

It’s also never true that “bullying will make kids tougher.” In fact, “Bullying does not make someone tougher. Research has shown it often has the opposite effect and lowers a child’s sense of self-esteem and self-worth. Bullying often creates fear and increases anxiety for a child.”

Another myth is that telling a teacher about bullying is “tattling.” Adults can ensure that children understand the difference between tattling and telling: “Tattling is done to get someone in trouble. Telling is done to protect someone.” Keeping secrets about a bully gives the bully more power and hurts everyone.

Federal Guidance

The U.S. Department of Education maintains a website page with access to resources about student rights and anti-bullying protections. The department’s Office for Civil Rights (OCR) can accept complaints with overlapping civil rights concerns. For example, a complaint about bullying may also include aspects of racism and disability discrimination. OCR points out that bullying concerns that are not appropriately addressed can violate Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act (ADA):

“Under Section 504 and Title II, schools must address bullying and harassment that are based on a student’s disability and that interfere with or limit a student’s ability to participate in or benefit from the services, activities, or opportunities offered by a school. Further, if any bullying or harassing behavior interferes with the ability of a student with a disability to access educational services, the situation, if uncorrected, may constitute a FAPE violation. OCR works with other offices in the Department, as well as with the U.S. Department of Justice (DOJ), to address bullying and harassment of students with disabilities.”

Crisis Help

A child’s mental well-being may be impacted by bullying. If a student or family member needs someone to talk to in an emergent moment of crisis, these phone numbers may be helpful:

  • 988 Suicide & Crisis Lifeline
  • General Teen Talk line: 800-TLC-TEEN
  • Trevor Project (issues related to sexuality): 866-488-7386

Additional hotlines and text lines:  FindAHelpline.com

Where to Begin When A Student Needs Help

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Where to Begin When A Student Needs Help

A toolkit to guide you through the special education process in Washington State


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:

Where to Start Articles:


Planning my Path – A User-Friendly Toolkit for Young Adults

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Planning My Path

Practical Tips and Tools for Future Planning


Presenting our newest resource – the Planning My Path Practical Tips and Tools for Future Planning. This toolkit encompasses a collection of our informative articles, complemented by easy to understand timeline charts to provide you with a solid foundation as you navigate through this crucial transition period.

A user – friendly toolkit for young adults, Each section is detailed below:

Articles to help Young Adults:


Keeping Kids Busy Through Summer: Summer Camp Alternatives

A Brief Overview

  • There are many inexpensive ways to entertain children over the summer
  • Check with local parks and recreation for activities, including those for children and youth with disabilities
  • Washington State Parks are wonderful for exploring as a family
  • Consult with family organizations, schools, and educators for ideas and information on programs

Full Article

Summer camp is an excellent way for children to spend the long summer days. However, camps are often filled quickly, and many are out of the financial reach of families. Here are some alternatives to those summer camps to entertain children and give caregivers some much needed respite.

Local parks and recreation departments in larger communities boost their options for children over the summer. These can include sports, preschool classes, and outdoor activities. Some of the parks and rec departments, especially in larger communities, have adaptive or accessible classes, for those with disabilities and/or sensory issues. Boys and Girls Clubs have activities, classes, and day camp for a small fee. The YMCA also can offer day camp options, along with their usual sports and recreation options. For families in more rural areas, 4H has many opportunities for children and youth to engage in hands-on learning, skill building, and community interaction.

Washington State Parks provide for a wide range of outdoor activities this summer and even have special events that can be viewed on their calendar. For children four and up, their Junior Ranger Program has activities to print out and ideas for indoor and outdoor fun. For those with physical limitations, an interactive ADA map of park facilities shows the wheelchair accessible options throughout the State Park system.

Libraries often have surprisingly varied options, including reading programs, arts and crafts, educational classes, and movie nights. Many libraries now have take-home kits for creative activities to do with the whole family. Summer reading lists are available both on library websites and in-person.

Movie theaters sometimes offer sensory-friendly film viewing at certain scheduled times, check with the theater. Good for those hot afternoons!

Parent groups and family organizations are often up to date on the latest summer activity offerings around the community. The Arc of Washington and Parent to Parent are both focused on families with children with disabilities or special health care needs, are aware of many opportunities, and may even offer some events for families and kids.

Some school districts have enrichment activities over the summer beyond the extended school year (a.k.a. summer school) options. Local school district websites will have full listings for anything they may offer. Often schools and school districts also have recommendations for summer activities and information on summer events. Teachers are a useful resource for summer ideas and information, as they have heard a lot about what their students are doing this summer, so a quick chat with them may be in order.

Several websites focus on community events and classes that children and youth can be involved in over the summer. The most prominent is Macaroni kid, but others include Parent Map, and Family Day Out. The local Chamber of Commerce and local newspapers also will post some event highlights and may list on their community calendars. Summer is also the time for County Fairs, most of which take place in August.

Lifespan Respite has a list of registered providers that is accessible to everyone, where it is possible to find recreation and respite options by county, age served, disabilities served, and respite type. The options listed under Recreation on the “Respite Type” menu has an array of interesting options that may have flown under a family’s radar, such as equine therapy, music classes, and sensory-friendly playgrounds.

Apple Health for Kids: Medicaid and Children’s Health Insurance Program (CHiP) in Washington State

Overview

  • In Washington State, Medicaid, which includes the Children’s Health Insurance Program (CHiP) is called Apple Health. Medicaid and CHIP are medical insurance programs run by the state and funded by the federal government and the state.
  • Children can get free or low-cost health insurance from birth to age 19.
  • A child’s eligibility is based on living in Washington State, and the family level of income. Immigration status does not apply to Apple Health for Kids, and family information will not be shared with immigration officials.
  • There are links in this article to information on Apple Health insurance coverage for parents and caretakers, pregnant individuals, young adults, and children in foster care or who have been in foster care.

Where to apply or find more information about Apple Health for Kids:

Full Article

In Washington State, Medicaid, which includes the Children’s Health Insurance Program (CHiP) is called Apple Health. Medicaid and CHIP are medical insurance programs run by the state and funded by the federal government and the state.

The state agency that runs Apple Health programs is the Health Care Authority. This is the official website to get information about Apple Health programs. For some programs, such as Home and Community-Based Services Waivers (HCBS waivers) the Health Care Authority partners with the Department of Social and Health Services (DSHS). Find out more about HCBS waivers and similar programs at Informing Families.

Apple Health for Kids is free or low-cost health insurance for children from birth to age 19.

It covers the costs of medical, dental, vision (eye) care, hearing care, and behavioral (mental) health.

Medicaid programs, including CHiP, make sure that children get Early and Periodic Screening, Diagnostic, and Treatment services.

These services mean children get regular physical exams, are screened (checked) for any problems with physical and mental health, developmental delays, dental health, hearing, vision, and other tests to find any problems and treat them.

Are complex medical needs covered under Apple Health for Kids?

Yes, the Medically Intensive Children’s Program (MICP) is a Medicaid program for children who need a registered nurse to provide support.  Visit the MICP page at WA State’s Health Care Authority.

Who can get Apple Health for Kids?

  • The child must live in Washington State.
  • The family income must be below a certain amount. Based on the family income level, a child may qualify for either the free Apple Health for Kids (Medicaid), or for Apple Health for Kids with premiums (CHiP).

Important! Children and pregnant individuals may qualify for WA Apple Health coverage regardless of their immigration status.

Information from WashingtonLawHelp.org says:

“All children up to age 19 who have low income are eligible for free medical coverage (“Washington Apple Health”) in Washington State. There are no immigration status requirements for this coverage. Children from families with moderate income can also get coverage. They may have to pay a small monthly premium.

Your children may also be eligible for other programs, including Head Start and other education programs, school meals, and child nutrition programs

It’s generally very safe to apply.  State and federal laws protect the privacy of the information you put on your application. Your information should not be shared with immigration officials.

If you prefer, you can choose to apply for benefits for other family members, such as your children, and not for yourself. You won’t have to give information about your own immigration status, but you may have to give proof of your family’s income.”

Costs of Apple Health for Kids:

People on Apple Health (adults and children) do not pay cost-sharing, co-payments, or deductibles for any service.

There are three premium price levels for Apple Health for Kids:

  • Free (no monthly premiums)
  • Low monthly premium (payment to get the Apple Health Insurance plan)
  • Slightly higher monthly premium

Every year in April, WA State may adjust the amount of income a family can make to qualify for Apple Health for Kids. The premium amounts for Apple Health for Kids with premiums may also change. These changes take inflation and Apple Health program costs into account.

To check if  your family income meets the limits for Apple Health for Kids, go to the WA State Health Care Authority page for Children.

Exception: children of public and school employees who have access to, or are enrolled in health insurance coverage under PEBB or SEBB programs may be eligible for Apple Health for Kids with premiums.

Important to Know:

Apple Health for Kids includes “continuous coverage”. This means a child or youth can stay on Apple Health for Kids even if their family’s income goes above the Apple Health income limits during the continuous coverage period.

This rule applies to free Apple Health for Kids (Medicaid) and Apple Health for Kids with premiums (CHiP). The rule applies to both “with premium” plans.

  • For free Apple Health for Kids: Children birth to age 6 have continuous coverage from when they are enrolled until their 6th birthday.
  • For Apple Health for Kids with premiums, children from birth to age 6 have continuous coverage for 12 months at a time.
  • From age 6 to age 19, all three Apple Health for Kids programs have continuous coverage for 12 months at a time.  

If a child loses their coverage and needs to re-enroll, learn more on the HCA website or by emailing HCA at AskMAGI@hca.wa.gov.

Protections for children’s health insurance: New federal rules for Medicaid and CHiP

The new rules start as of June 1, 2024, but states have some time to make changes to their programs. WA State already follows these rules, but the new rules prevent WA State from doing any of these things in the future.

States will not be allowed to:

  • Require a waiting period before a child can be covered by Medicaid or CHiP health insurance
  • Stop a child’s Medicaid or CHiP health insurance if the family misses premium payments, during the continuous coverage period
  • Make a family pay back the unpaid premiums before a child can re-enroll after their continuous coverage period runs out, or charge an enrollment fee
  • States can’t put a dollar limit on benefits for CHiP. (Medicaid doesn’t allow dollar amount limits). Benefits can be limited in terms of what services are covered, or how often a service can be used. For instance, a state could decide CHiP will only cover a total of 12 visits for physical therapy in one benefit year

Health Coverage for Teens and Young Adults

Teens under age 18 who want or need to get health care coverage without their parents may be eligible for Apple Health under one or more of these conditions:

  • Live separately from parents or guardians and are not claimed by them as a tax dependent
  • Are pregnant
  • Need birth control or STI (sexually transmitted infection) care

To apply, follow these instructions on the Fact Sheet for Apple Health Teen Application Process.

Young adults aged 19 and up may be eligible for Apple Health if they meet income guidelines or have been in foster care. Apply online at Washington Healthplanfinder.

Other WA State Medicaid programs that may help people who care for children, or who are pregnant:

Parents and Caretakers

Pregnant Individuals

Foster Care

Resources:

The Family to Family Health Information Center (F2FHIC)

Helpline at PAVE

Informing Families

Medicaid Basics (article from PAVE)

WashingtonLawHelp.org

Washington State Health Care Authority

Washington State Healthplanfinder

WithinReach

Changes to improve monitoring for quality and improve oversight of HCBS Waiver Programs

New rules

The new rules will apply to § 1915(c) HCBS waivers and §§ 1915(i) state plan services, (j) personal assistance services, and (k) Community First Choice. The new rules will also apply under § 1115 demonstration projects unless specifically waived, and under FFS and managed care delivery systems.

  • Update functional assessments and person-centered plans at least once every 12 months;
  • Establish grievance procedures for Medicaid beneficiaries receiving certain HCBS services in FFS (there are already grievance procedures applicable to managed care);
  • Establish an incident management system to identify, investigate, and resolve critical incidents, including reports of abuse, neglect, and financial exploitation;
  • Provide assurances that payment rates are adequate to ensure a sufficient direct care workforce;
  • Collect and report data to monitor access (e.g., waiting lists, average amount of time between approval for and delivery of HCBS services, percent of authorized hours provided); and
  • Report on core measures in the HCBS Quality Measure Set.

Youth, Explore Adapted Physical Education in Your IEP or 504 Plan

Overview

  • Physical Education (PE) can be adapted (changed) in four main ways to support students with disabilities.
  • Federal and state law protects your rights to be taught PE. Adapted PE can be included in your Individualized Education Program (IEP). It can also be included in a Section 504 plan.
  • Taking part in IEP and 504 meetings is important when looking at adapted physical education. It lets you share your needs, preferences, and goals. This helps create a physical education program that fits your abilities, supports your well-being, and creates a positive and inclusive environment. (Click on the links in the reference section to learn more about going to IEP and 504 meetings.)
  • Changes in WA State rules mean that more teachers will qualify to design and teach Adapted Physical Education. These rules are in effect as of May 1, 2024.
  • The Updated Guidance on Adapted Physical Education, from the Washington Office of Superintendent of Public Instruction (OSPI) quoted in this article gives more information about Adaptive PE and how it fits into special education in WA State. Download or read Updated Guidance on Adapted Physical Education.

Full article

Why is physical education important? How is it helpful to me, as an individual with a disability?

Classes can teach you to care for your body and learn physical, mental, and emotional skills that include:

  • Motor skills (training to use your muscles for certain things, such as swinging a baseball bat to hit a ball, or running very hard in a race)
  • Physical fitness (keeping healthy and strong by exercising your body)
  • Social-emotional skills, teamwork, social play skills
  • Skills for athletics like team sports like soccer or basketball or individual athletics like gymnastics or dance
  • Skills for recreation like biking, swimming, hiking, throwing frisbees, playing games with friends

How Adapted PE works:

Access or accessible means how easy it is to do, to get, or understand something.

There are four main areas where changing general PE curriculum (school courses) may help you access PE. Some of these changes will benefit ALL students using the general PE curriculum.

  • The physical space can be changed to work well for all students:
  • The size of the space and the number of other students can affect how accessible the PE class is for you.
  • Lighting, sound, and what you see can all affect your comfort in a class. Making thoughtful changes to these things can make a PE class more accessible.
  • Teaching: the teacher gathers information about individual students to make sure that they use teaching methods that are accessible to everyone. This might mean spoken instructions, movements, pictures, written words, showing how to do something, or videos.
  • Equipment: depending on your disability, you might need PE equipment to move more slowly, be bigger or smaller, easier to feel, be easier to see and other changes like those.
  • Rules: to make sure PE includes everyone, rules of the game may need to be added or taken away.

Examples of Adapted PE

The point of Adapted PE is to change the general PE curriculum so that it is accessible for you or any other student with a disability. The changes can be individualized, which means it is designed for one individual student with disability. Changes will depend on what your needs are and will be different from student to student. Here are some examples:

  • A third grader with autism spectrum disorder uses a play script on her communication device to invite other students to play tag with her.
  • A high-school senior with Down Syndrome is introduced to adult recreation choices in his community so he can continue building healthy habits after graduation.
  • A seventh grader with Cerebral Palsy attends general PE class. The Adapted PE teacher, general PE teacher, and the physical therapist work together to create an exercise plan to strengthen the student’s legs while using their walker.
  • Design a unified team for sport activities and competitions, so a high school student with disabilities can play in the same team with students without disabilities
  • Adapted Physical Education teachers are trained to make changes to the general education PE curriculum to make it accessible to students with disabilities.

IEPs can include Adapted PE as a service

To get an Individualized Education Program (IEP) you need an evaluation. This process helps to decide if a student has a disability, if the disability has a significant impact on (really affects) learning, and if you need Specially Designed Instruction (SDI) and/or related services to access a Free Appropriate Public Education (FAPE). FAPE is the right of any student, ages 3-21, who is eligible for school-based services delivered through an IEP.

If a student’s access to PE affects learning and needs the school’s PE course to be individualized, Adapted PE can be given as an IEP service. IEP teams discuss how Specially Designed Instruction (SDI) is delivered for each individual student.

If you have Adapted PE in your IEP, there is a range of options for placement. You might be in a general PE class, with or without accommodations. Additional aids, services, and modifications may be added depending on what you need. Get more details in the Updated Guidance on Adapted Physical Education.

You can go to IEP and 504 meetings to let the team know what you want and need.  Beginning at age 14, you can participate in IEP and 504 meetings. You do not have to be invited by the school or your parents, but it’s a good idea to let your parents know you want to go, and to get ready before the meeting. When you are at these meetings, you can show other team members what is important to you about your learning, including Physical education. (Click on the links in the reference section to learn more about going to IEP and 504 meetings.)

All of you on the team can work out a PE plan, which may include Adapted PE, and put it in your IEP. There are two articles in the References section at the end about going to your IEP meeting.

Rules changed and removed some difficulties with getting Adapted PE

Until spring of 2024, Adapted PE was not accepted as a specialty that the state would endorse (add to the training listed on a teacher’s professional certificate). This caused a shortage of teachers who could design Adapted PE for students. It made it difficult for some students with disability in Washington State to get SDI in physical education.

As of May 1, 2024, qualifying[1] teachers in Washington State can be trained for and receive a specialty endorsement in Adapted Physical Education. The endorsement shows the teacher has specific skills and knowledge in both PE Learning Standards and special education competencies. As more teachers are taught this specialty, it will be easier to find teachers with Adapted PE training in Washington State.

The OSPI Updated Guidance says that in addition to teachers with an Adapted PE endorsement, SDI for physical education can be provided by “any other appropriately qualified special education endorsed teacher, or an “appropriately qualified Educational Staff Associate (ESA) such as an Occupational Therapist (OT) or a Physical Therapist (PT).”

Summary:

  • Physical Education (PE) is an important part of school. Students with disabilities have the right to be taught physical education.
  • Adapted PE is when the general PE school course (curriculum) is changed to accommodate (meet the needs) of an individual student with disability.
  • Adapted PE can be included in an Individualized Education Plan or a Section 504 plan.
  • If a student needs Adapted PE, it’s important to include someone on the IEP team who is qualified to design adapted PE, as well as the teacher or other school staff who will be teaching the student.
  • Only certain qualified education professionals can design and supervise other educators and school staff teaching Adapted PE. Changes in WA State rules in 2024 allow more education professionals to qualify in Adapted PE.

Resources:

Updated Guidance on Adapted Physical Education  (WA State Office of Superintendent of Public Instruction (OSPI))

Attention Students: Lead your own IEP meetings and take charge of your future (PAVE)

Students: Get Ready to Participate in Your IEP Meeting with a Handout for the Team (PAVE)

Who’s Who on the IEP Team (PAVE)

Student Rights, IEP, Section 504 and More (PAVE)

A previous version of this article was based on information provided by two experts in the field of Adapted Physical Education, Toni Bader, and Lauren Wood, who are Adapted Physical Education teachers in the Seattle area:

Toni Bader, M.Ed., CAPE – SHAPE Washington, Adapted Physical Education, Seattle Public Schools (tonibader24@hotmail.com)

Lauren Wood, NBCT, Adapted Physical Education Teacher, Highline Public Schools, and SHAPE Washington Board Member (lauren.wood@highlineschools.org)


[1] “Certificated teachers who hold any special education endorsement or a Health/Fitness endorsement are eligible to add the APE specialty endorsement to their certificate”  –OSPI Updated Guidance

Transition Triangle

The transition triangle talks about the relationship between the High School and Beyond Plan , the IEP transition plan and Agency supports from DDA, DVR and DSB. within that triangle of support is the student asking themselves: Who they are, what is their future and their goals.

The planning process to support a student with disabilities toward their adult life plans requires coordination and organization. This graphic provides a visual overview of the work and who is responsible to help.

The center upside down triangle describes key questions for a student as they move through school and toward adulthood:

  1. Who am I? Answers include what the student is interested in, what they are good at, what they struggle with, and how they see themselves.
  2. What’s my future? Students can begin to imagine where they might work, whether higher education will be part of their future, and how they might live.
  3. How do I reach my goals? The answers are a long-term project. A good planning process ensures that work done today is moving the student toward their vision for adult life.

The three colored triangles on the corners of the graphic represent three tools that help students ask and answer these questions.

The purple triangle on the bottom left represents the High School and Beyond Plan. Washington State requires schools to begin supporting all students with a High School and Beyond Plan before they leave middle school. The plan includes questions to help the student think about where they might work someday and how much education they will need to get that job. The plan is designed to make sure time spent in school is moving the student toward adult goals. The High School and Beyond Plan addresses the same questions that are listed in the center of our triangle and is often managed by staff in a school’s counseling center.

The blue triangle on the bottom right represents the transition plan, which is required in a student’s Individualized Education Program (IEP) by the school year when they turn 16. Goals in the IEP Transition Plan include further education/training, employment, and independent living as parts of a student’s program. A student with disabilities has the right to a Free Appropriate Public Education (FAPE) until they earn a diploma or turn 21. The IEP includes a target graduation date, determined by the IEP team. The state requires the IEP Transition Plan to align with the High School and Beyond Plan. School staff and the family collaborate to make sure these two tools match up to best support a student’s progress.

The teal triangle on top of the pyramid represents agencies that might provide Vocational Rehabilitation (VR) services. The Developmental Disabilities Administration (DDA) has a variety of school-to-work programs for eligible students: A DDA case manager can provide information about options. The Division of Vocational Rehabilitation (DVR) provides Pre-Employment Transition Services (Pre-ETS) for students still in school as well as vocational rehabilitation services for adults with disabilities. As they transition out of school, members of some Native American tribes may access Tribal Vocational Rehabilitation (TVR) services. The Department of Services for the Blind (DSB) is a separate agency providing Pre-ETS for youth and vocational rehabilitation services for individuals who are blind or low vision. Staff from these agencies may work with an IEP team and counselors at school to make sure everyone is working together to support the student in the center.

Ideally a student with disabilities has people supporting all of the features on this transition triangle. Best practice is for all agencies and supporters to collaborate as they help a student move toward a successful adult life.

PAVE has made a fillable worksheet to help you answer these questions.

Key Questions for Self-Determination and Future Planning Fillable worksheet.

In addition, PAVE has a college readiness workbook ready for you to use. For direct assistance from PAVE, click Get Help. The Office of Superintendent of Public Instruction (OSPI) provides information about graduation requirements for a student in Washington State

Ready for Work: Vocational Rehabilitation Provides Guidance and Tools

A Brief Overview

  • Vocational rehabilitation (VR) is a federal right. Pre-Employment Transition Services (Pre-ETS) are one way to get support. Another is through 1:1 counseling and an Individualized Plan for Employment (IPE).
  • In Washington State, the Division of Vocational Rehabilitation (DVR) provides Pre-ETS and VR services. To seek support for a student still working toward a diploma, contact the DVR counselor assigned to the student’s school. DSHS maintains an interactive map: Find a School Transition Counselor.
  • Individuals with vision impairment and blindness are served through a separate vocational rehabilitation agency in Washington State, the Department of Services for the Blind (DSB).
  • After graduation, a student with a tribal affiliation may be eligible for support from Tribal Vocational Rehabilitation (TVR). Each TVR agency operates independently. Contact information is listed on a TVR website page, within DVR’s website.
  • Graduating seniors can seek DVR, TVR, or DSB services now!

Full Article

Teenagers and young adults with disabilities have additional considerations when deciding what life looks like after high school. The transition planning process begins in middle school, when all Washington State students work with counseling staff to begin their High School and Beyond Plan.

For students with disabilities, that lengthy planning process is enhanced when the Individualized Education Program (IEP) adds a Transition Plan, required by the school year when a student turns 16.

Vocational rehabilitation agencies can be part of that process and support a warm hand-off into the world of work. PAVE provides an infographic Transition Triangle with more about the way these services can wrap around a student as they move through school and beyond.

Vocational Rehabilitation services are a civil right

The right to vocational rehabilitation (VR) services is an aspect of Title 1 of the amended Rehabilitation Act of 1973. In 2014, the Rehabilitation Act, which guarantees equitable access to public spaces and programs, was further amended to include the Workforce Innovation and Opportunity Act (WIOA).

Pre-Employment Transition Services (Pre-ETS) were already an aspect of the Rehabilitation Act, but WIOA further defines Pre-ETS and requires that VR agencies set aside 15 percent of their funding to provide or arrange for the provision of Pre-ETS.

Note that Section 504 is also a feature of the Rehabilitation Act. Section 504 guarantees the right to accommodations for equitable access in public facilities and programs.

Section 504 is the basis for a student’s “504 Plan” that provides accommodations, modifications, and anti-discrimination measures for educational access. Section 504 protections aren’t limited to school: Like the Americans with Disabilities Act (ADA), Section 504 protects a person in higher education, work, and elsewhere throughout the lifespan. Students with IEPs also have Section 504 protections.

In other words, the accommodations from a student’s 504 Plan or IEP travel with them into higher education, work, and more. Section 504 and the ADA protect an individual with disabilities throughout their life. Denial of accommodation is considered discrimination under these civil rights laws.

In Washington State, vocational rehabilitation services are provided by the Division of Vocational Rehabilitation (DVR), which is housed within the Department of Social and Health Services (DSHS).

After graduation, a student with a tribal affiliation may be eligible for support from Tribal Vocational Rehabilitation (TVR). TVR agencies operate with sovereignty; contact information is included within DVR’s website, on a TVR website page.

Individuals with vision impairment and blindness are served through a separate vocational rehabilitation agency in Washington State, the Department of Services for the Blind (DSB).

Pre-ETS help students look ahead to their job options after graduation

Pre-Employment Transition Services (Pre-ETS) include job exploration, work-based learning, counseling about further educational options, workplace readiness and self-advocacy training.

Summer programs are available in some areas. To find the forms to enroll in Pre-ETS and for information about programs and regional counselors in your area, visit DVR’s website page called High School Transition.

Pre-ETS include five required services. Each service in this list is linked to a resource for further investigation. DVR counselors can provide additional resources to suit an individual’s unique circumstances:

  1. Job exploration counseling: career speakers, interest and ability inventories, investigation of labor market statistics and trends, and more
  2. Work-based learning experiences: in-school or after school opportunities, including internships, provided in an integrated environment to the maximum extent possible. According to the Brookings Institution, work-based learning is predictive of future job quality.
  3. Counseling on opportunities for further education: How to complete the Free Application for Federal Student Aid (FAFSA®) and how to locate disability resource centers at colleges and universities are part of college readiness.
  4. Workplace readiness training to develop social skills and independent living
  5. Instruction in self-advocacy, which may include peer mentoring, training in disability disclosure, and more

Order of Selection impacts access to 1:1 DVR support

The Individualized Plan for Employment (IPE) is a DVR program that is separate from Pre-Employment Transition Services (Pre-ETS). The IPE is supported 1:1, whereas pre-employment services are generally provided to groups of students.

DVR operates with Order of Selection when clients apply for individualized vocational rehabilitation (VR) counseling. Through Order of Selection, individuals with the highest needs for support are prioritized.

When developing an IPE, the client and counselor establish a goal for employment; the counselor provides coaching, logistical and sometimes financial support to help make that happen. The case remains open until the employment goal is met if the client remains meaningfully engaged in the process. IPE services might include educational support if further education is needed to achieve a job goal.

Can a student get Pre-ETS and 1:1 help?

A student might receive services through both programs—Pre-ETS and the Individualized Plan for Employment (IPE). However, families should be aware that there are some specific rules related to Order of Selection.

  • If a student is already participating in Pre-ETS, the student can apply for an IPE and Order of Selection will not impact the student’s ongoing engagement in Pre-ETS.
  • If the student applies for an IPE first and is put on a waiting list, then the student also will have to wait to begin Pre-ETS.
  • A student will have more access to DVR services by engaging with the Pre-ETS first and then considering whether to also apply for individualized support.

Resources for more information

Research shows that access to an array of collaborative services during high school improves post-secondary outcomes, especially when school staff and service providers get to know one another and there are “warm hand-offs” between individuals who develop trusted relationships with the young person, according to data shared by the National Technical Assistance Center on Transition (NTACT). Another place for data and detail about WIOA is the Workforce Innovation Technical Assistance Center (WINTAC).

Engagement with vocational rehabilitation services is supported by initiatives endorsed by the U.S. Department of Labor and its Office of Disability Employment Policy (ODEP). These federal agencies promote the concept of Employment First, a framework for systems change centered on the premise that all citizens, including individuals with significant disabilities, are capable of full participation in integrated employment and community life. 

The PACER Center, a Minnesota-based agency founded in 1977 to promote a “parents helping parents” philosophy, supports the National Parent Center on Transition and Employment, which offers a collection of materials with more information about vocational rehabilitation and how to benefit from pre-employment and employment services. Included in the PACER Center’s materials is a booklet for parents to help young people prepare for college and careers.

Washington’s DVR program provides a video about the school-to-work transition with young people talking about their experiences with the agency and how it helped.

Healthcare in Transition

Healthcare transition, like all other aspects of transitioning to adult care and services, can be difficult. However, if teenagers and families plan ahead for healthcare changes that occur when a child becomes an adult, things can go smoothly and be successful. Here are some resources and information for making the health care transition to adult care successful and seamless.

There are two main components for individuals transitioning from pediatric (children’s) to adult health care.

  • New medical providers and systems, including changes in insurance.
  • The young adult’s new responsibility to be in charge of their own health care.

Health Insurance and Providers

For individuals on Medicaid, Medicare, or private health insurance, eligibility, cost, and what services are covered may change.

Washington’s Medicaid option, Apple Health, has different financial requirements for adults than they do for minors. See the chart below for current income requirements for Apple health.

ProgramSingle person2-person house-hold3-person household4-person household5-person household6-person household7-person household
Apple Health for Adults, age 19 through 64 years of age$1,677 monthly$2,268 monthly$2,859
monthly
$3,450
monthly
$4,042
monthly
$4,633
monthly
$5,224
monthly
Current income requirements for Apple Heath
  • To apply or renew for Apple Health, go to the Health Plan Finder website.  Even if an individual is not eligible for fully subsidized healthcare, the Health Plan Finder can reveal some low-priced options. 
  • For young adults on their parents’ private insurance, they will have coverage under their parent’s plan until they are 26, at which time they will need to apply for their own health insurance.  The Health Plan Finder can help you find affordable options, including Apple Health.
  • For individuals under 65 who are receiving Medicare due to a disability, insurance should not change due to the transition to adulthood.

A person’s health insurance may limit the health care providers available. Once you and your family know what type of health insurance you will have, you can select from physicians and other health professionals who accept that insurance. Most medical practices either list what insurances they accept, or you can call the office and ask. Health care insurance plans may also send information on where to find a provider, or you may find it on their website.

Taking on Responsibility for Health Care and Decisions

Healthcare is just one of many new responsibilities that young people take on as they become adults.  Parents can avoid overwhelming a teen with new obligations, beginning with giving younger teens options and increasing tasks to help them adapt to this change.  There are several resources for families and youth to use in this transition:

  • Family to Family has a youth-written curriculum about Transitioning to Adult Doctors for individuals with disabilities that can help teens start their medical transition journeys.
  • Charting the LifeCourse™ was created by families to help individuals and families of all abilities and all ages develop a vision for a good life, including their health care.
  • Got Transition is a comprehensive website about the transition to adult health care, with quizzes, FAQs, and timelines to make it easier to understand.
  • The Center for Transition to Adult Health Care for Youth with Disabilities is a national health care transition resource center. The goal of the center is to empower youth and young adults with intellectual and developmental disabilities (ID/DD) ages 12-26 to direct their own transition from pediatric to adult care with no reduction in quality of care and no gaps in service.

Beyond these resources, the most useful are the young adults, whether you are the parent/caregiver or a transitioning individual. It’s important to recognize that lived experience gives knowledge even in a new situation. There is the knowledge of medical need that may not be in a chart, emotional or behavioral challenges, developing self-determination that supports transition, and other important things only you know.  Next in line are the current medical providers and specialists.  They not only have helped numerous other teens transition to adult healthcare, but they are a part of developing the care plan, a critical resource for transitioning to an unfamiliar doctor or clinic when a young adult may have complex care needs.   Doctors’ office staff are also used to dealing with these issues and may have some good planning advice for families.  Lastly, advice from families who have already helped a child transition to adult care can help to know what to do—and what not to do!  Parent-to-Parent can match parents up with families who have already gone through such transitions with those who seek their knowledge and experience.

5 Tips for Success in Healthcare Transition


Including Health Considerations in the Transition Plan

Parents, Students, and everyone on the IEP team should think about how health and healthcare can affect a student’s goals for college, work and living on their own. PAVE has made a fillable form that you can download when starting to think about this area in transition.

Including Health Considerations in the Transition Plan

Healthcare Transition and Medical Self-Advocacy

When young people turn 18, a lot happens. Adult responsibilities and decisions can feel scary and confusing for the unprepared. Becoming responsible for medical care is part of growing up, and that process is so critical that there’s a specific name for it: healthcare transition.

For example, at age 18 a young adult is responsible to sign official paperwork to authorize procedures or therapies. They must sign documents to say who can look at their medical records, talk to their doctors, or come to an appointment with them. Those rules are part of HIPAA, which stands for the Health Insurance Portability and Accountability Act. HIPAA is a federal law that protects confidentiality, regardless of disability.

In this video, young adults living with various disability and medical conditions talk about their journeys in the adult healthcare system. They talk about how they make decisions and how they ask for help. Their ability to explain their needs, make decisions, and speak up for themselves is called self-advocacy. Take a look and listen to what they have to say in their own words!

For more information and resources around healthcare transition and self-advocacy, follow these links to the Family to Family Health Information website.

PAVE also has a Healthcare In Transition article that will give you detailed information for individuals transitioning from Pediatric (Children’s) to adult health care including information on health insurance and providers.

Another place for information is the Informing Families website, which includes a section called got transition.

Including Health Considerations in the Transition Plan

Parents, Students, and everyone on the IEP team should think about how health and healthcare can affect a student’s goals for college, work and living on their own. PAVE has made a fillable form that you can download when starting to think about this area in transition.

Including Health Considerations in the Transition Plan

Self-Advocacy: Becoming an Active Member in Your Community

Brief overview:

  • Self-advocacy means taking responsibility for telling others what you need and want in a respectful and direct way. Anyone can be a self-advocate
  • This article will share ways to learn and practice self-advocacy.
  • It will share ways you can get involved in your community and how being a good self-advocate can help you do that.

If you have ever defended your rights or the rights of other people, you were acting as an advocate. Self-advocacy means taking responsibility for telling others what you need and want in a respectful and direct way. Anyone can be a self-advocate. Speaking up for yourself or someone else can help you be independent, and in charge of decisions for your life. However, it’s not always an easy thing to learn to do. It takes time and practice. This article will share ways to learn and practice self-advocacy. It will share ways you can get involved in your community and how being a good self-advocate can help you do that.

When you might need to be a self-advocate:

  • In your IEP meeting if you are in high school
  • When you ask for accommodations in high school or college
  • Asking for accommodations on the job
  • Asking for assistance and accommodations so you can be involved in your community
  • At a medical appointment

Things you need to know to become a better self-advocate:

  • Understand your civil rights and responsibilities
  • Know about the topic you are speaking about
  • Listen to other people and think about what they are saying
  • Make decisions based on what you need or want
  • Know that it’s ok to change your mind
  • Know that it’s ok to make mistakes
  • Express your feelings clearly and calmly
  • Ask to be always treated with dignity and respect
  • Learn to be assertive without being aggressive or disrespectful

Nemours TeensHealth has resources that can help you practice self-advocacy by being assertive. Assertiveness is the ability to speak up for yourself in a way that is honest and respectful. The articles have a built-in listening app (ReadSpeaker) to hear articles instead of reading them.

One way to help meetings and discussions be calm and respectful is to ask for meetings to be a “gracious space”. “Gracious space” is about people meeting together in person or online. It has a lot in common with being a good self-advocate. “Gracious space” is a way to describe how meetings and discussions can include people, and how people can behave during a meeting.

  • If the meeting is in-person, the physical meeting space is accessible for people with all types of disabilities. If it is online, the people setting up the meeting make sure the online platform is accessible for people with all types of disabilities.
  • People feel safe in the meeting. This means everyone treats everyone else with dignity and respect. Make an agreement about how everyone at the meeting will behave with each other.
  • People in the meeting are willing to listen and think about different opinions
  • The people in the meeting get to know each other

Learn more about Gracious Space:

Person Centered Planning:

Your person-centered plan, if you have one, can help you find ways to be involved in your community. Your person-centered plan team can help you practice being a self-advocate with people you already know and trust. If you don’t have a person-centered plan, and are interested in how they work, here are links to information from PAVE: What is Person Centered Planning?

PAVE has programs and resources to help individuals build and strengthen self-advocacy skills.

Ways to get involved in your community, including people with and people without disabilities

  • What are you interested in? Here are some ideas:
  • Work with other people to change government policies and advocate for people with disabilities
  • Volunteer for a cause you believe in
  • Share what life is like living with a disability with other people with your type of disability
  • Careers and businesses that can work well for people with disabilities.
  • Friendship and socializing with other people with disabilities
  • Join a club or group to do activities you like, such as sports or crafts or music or board games or movies

When you join a group or talk with someone in a group you are interested in, you can use your self-advocacy skills to make sure that people in the group or program can give you assistance, accommodations if you need them, and treat you with respect.

You can find groups and organizations that do all these things on social media!

Social media gives you ways to meet people through online groups, if you have difficulty with in-person activities. You can check if a group or organization is disability-friendly in their profile. Remember to use social media safely!

You can also do an internet search using terms like “disability organizations in [name of state or town]. And of course, you can ask your family and friends and, if you have one, the people on your person-centered plan team!

Becoming a strong self-advocate is important for successful independence and healthy living as an adult in your community. Always remember there are many people who are ready and willing to help you, so don’t be afraid to reach out and ask for assistance along the way!

Medicaid Basics

A Brief Overview 

  • Medicaid is state-run health care for those with limited income or individuals with chronic or complex health care needs with special circumstances. 
  • Medicaid is available to many families In Washington state who are not eligible for Medicare and are below certain income levels. 
  • Apple Health for children has broader eligibility requirements, meaning that more children in Washington state can be covered for low or no cost. 
  • You can apply for Medicaid through the Washington Health Plan Finder
     

Full Article 

Medicaid is a federal health care program that each state manages based on their own states legislative system. It is set up for individuals and families with limited income or special circumstances such as a genetic, medical, or job or accident-related disability. This health care covers physical and mental health and can be low to no-cost. To be eligible for fully subsidized (free) Medicaid you must meet the household income eligibility and not be eligible for Medicare. However, Medicaid for those with Medicare can help with some expenses not covered by Medicare for those with low income. It is available for an individual on classic Medicaid whose parent or guardian has died and whose benefits pass to their child. In the state of Washington, Medicaid is generally known as Apple Health and is administered by the Health Care Authority

There are two main types of Medicaid available in the state of Washington: Apple Health (income based), and Classic Medicaid. The day-to-day administration of Apple Health and Classic Medicaid is run by one of five Managed Care Organizations, or MCOs. Apple Health covers individuals up to the age of 6 and eligibility is based on household income. Apple Health has higher income limits for children than adults, meaning that many children in Washington State are eligible for free Apple Health, even when their parents or guardians are not..  If you have Apple Health, you will get healthcare from the providers at one of those MCOs. If you are found (determined) to have a disability or a disabling medical condition and are under the age of 65, you are eligible for Classic Medicaid if you are on Social Security Income or Supplemental Security Income (SSI). This is also considered Apple Health and under one of the 5 MCOs. If an infant, child, or youth through age 21 is in the foster care system they will be covered by Apple Health and will get their healthcare from one specific MCO no matter where they live in the state. 

Determining Eligibility for Apple Health 

Apple Health has different eligibility requirements for children and adults. These differences are listed below, including the maximum monthly household income requirements that families may have to obtain coverage. 

Eligibility for Apple Health for Children: 

  • Children of public employees with access to health insurance coverage under the PEBB or SEBB programs are not eligible for Apple Health for Kids with premiums. 
  • Low-cost coverage (Apple Health with premiums) is only available to children who are uninsured when household income is too high to qualify for free Apple Health (no premiums) 
  • Income requirements for free coverage: (2024) 
 Single Person 2-Person Household 3-Person Household 4-Person Household 5-Person Household 6-Person Household 7-Person Household 
Apple Health for Kids $2613 monthly $3534 monthly $4455 monthly $5375 monthly $6296 monthly $7217 monthly $8138 monthly 
  • Income requirements for Tier I subsidized coverage ($20 monthly per child; $40 family maximum): 
 Single Person 2-Person Household 3-Person Household 4-Person Household 5-Person Household 6-Person Household 7-Person Household 
Apple Health for Kids Tier I $3220 monthly $4355 monthly $5490 monthly $6625 monthly $7761 monthly $8896 monthly $10031 monthly 
  • Income requirements for Tier II subsidized coverage ($30 monthly per child; $60 family maximum): 
 Single Person 2-Person Household 3-Person Household 4-Person Household 5-Person Household 6-Person Household 7-Person Household 
Apple Health for Kids Tier II $3852 monthly $5210 monthly $6568 monthly $7925 monthly $9283 monthly $10641 monthly $11999 monthly 

Eligibility for Apple Health for Adults: 

  • For those aged 19 through 64. 
  • For U.S. citizens or those who meet Medicaid immigration requirements. (Including Washington residents from the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia) 
  • For those who are not entitled to Medicare.  
  • Have annual household income at or below the Medicaid standard: 
 Single Person 2-Person Household 3-Person Household 4-Person Household 5-Person Household 6-Person Household 7-Person Household 
Apple Health for Adults $1677 monthly $2268 monthly $2868 monthly $3450 monthly $4042 monthly $4633 monthly $5224 monthly 

How to Apply 

There are a couple of ways to start the process of getting Medicaid or other subsidized health care plans. The Health Insurance Marketplace Calculator provides estimates of health insurance premiums and subsidies for people purchasing insurance on their own in health insurance exchanges or “Marketplaces.” The Washington Health Benefit Exchange can help families and individuals find subsidized health care in their area.  

When ready to apply for coverage from Apple Health: 

  1. Review adult and/or child income eligibility requirements. 
  1. Read the Eligibility Overview to determine if Apple Health is the best fit for you and your family. 
  1. Create an account on Washington Health Plan Finder
  1. Collect and enter information into the Washington Health Plan Finder application, WAPlanfinder Mobile App, downloadable paper form, or call the Washington Healthplanfinder Customer Support Center at 1-855-923-4633. 
  1. Review the five Integrated Health Care Plans responsible for Medicaid in Washington, not all of which may be available in your location. 
  1. If you need further help, contact a free Health Plan Navigator

To get signed up with Medicaid Classic, go online to Washington Connection and select “Apply Now,” or call 1-877-501-2233. For additional help signing up for Medicaid in Washington, help is available from Parent help 123, which can be contacted at 1-800-322-2588, or PAVE. If, in looking at the information above, you feel that you or the person you care for has lost Medicaid through a mistake or a problem with the system and going through the Washington Connection is not resolving the issue, the Federal Government is asking that you go through Healthcare.gov to get help with re-enrollment.  

ABLE: An Account to Overcome the SSI Resource Limit for Adults with Disabilities

A Brief Overview

  • The Stephen Beck Jr. ABLE (Achieving a Better Life Experience) Act of 2014 allows individuals to save up to $18,000 annually without affecting their public benefits.
  • An account holder may save up to $100,000, bypassing the $2,000 resource limit for Supplemental Security Income (SSI), Medicaid, and other public benefits programs.
  • Funds may be used for qualified disability expenses (QDEs) that improve or maintain the account holder’s health, independence, and/or quality of life.
  • ABLE accounts are savings accounts and the account holder may choose to distribute a percentage of the funds to investments, including stocks, bonds, and mutual funds.
  • Forty-five states and the District of Columbia have ABLE Savings Plans with some states accepting out-of-state enrollment.
  • Washington State ABLE Savings Plan began in 2018, following Oregon ABLE Savings Plan, so some Washingtonians signed up early through that option or through the national ABLE For ALL Savings Plan.
  • Download this cheat sheet to Qualified Disability Expense (QDE) Tracking Form.

Full Article

Living with a disability can be difficult and costly. Adults who receive benefits from the Social Security Administration because of disability often are challenged to improve their life circumstances because of a $2,000 resource limit. This limit means that a person receiving payments from Supplemental Security Income (SSI) or the Social Security Disability Insurance (SSDI) program cannot have a bank account balance or any other resources on hand that exceed $2,000, without losing part of their benefit.

Savings of $2,000 or less can be limiting for someone who might want to move into a new home, invest in a vehicle or save for higher education or a vocational training program.

The government provides a way for individuals with disabilities to overcome this barrier and save money. The Stephen Beck Jr. ABLE (Achieving a Better Life Experience) Act of 2014 allows individuals to save up to $18,000 annually without losing benefits. ABLE is modeled after college savings plans. The savings and/or investment account bypasses the SSI resource limit and can grow interest tax-free.

There are some restrictions:

  • The account holder must meet criteria for a disability that began before age 26.
  • The account may not receive more than $18,000 per year.
  • If the account balance exceeds $100,000, Social Security benefits are impacted but Medicaid benefits will remain in place.
  • Most accounts have a total lifetime balance limit of $500,000.

How can money in an ABLE account be used?

ABLE account money may not be spent on just anything. Generally, the funds can be used to pay for expenses that may help improve or maintain health, independence and/or quality of life. These are called Qualified Disability Expenses (QDEs). In this webinar recording, presented by ABLE National Resource Center, the ABLE expert presenters noted that “QDEs should be broadly understood and should not be limited to expenses for which there is a medical necessity or expenses that provide no benefits to others (outside of the benefit to the beneficiary).”

Here are a few examples of qualifying expenses: 

  • Housing
  • Education
  • Transportation
  • Personal support services
  • Assistive technology
  • Health and wellness
  • Employment training and support

ABLE accounts are subject to IRS or SSI audits, so the account holder should keep a record of how money has been used, including:

  • the purpose or cause of the expense
  • how the expense relates to improving or maintaining health, independence, and/or quality of life
  • a copy of the proof of purchase or payment

PAVE has created a QDE Tracking Form to make it easier to keep track of your ABLE account activity.

What type of financial account is ABLE?

The ABLE account is a savings account, insured by the Federal Deposit Insurance Corporation (FDIC). A chosen percentage of funds in the account may also be allocated as uninsured investment money. The account holder can choose a low-, median-, or high-risk investment strategy. Low-risk is the safest, most conservative option, with the lowest possibility for return. A high-risk investment might make more money but also could lose more. A median-risk investment is somewhere in between. Based on the account holder’s choice, the money is automatically allocated into some combination of stocks, bonds, and mutual funds.

An individual considering these options may want to consider how long the money will be in the market and risk tolerance. ABLE does warn that invested money is not insured and that money, including principle, may be lost over the course of an investment period.

The account holder, family and friends can deposit funds into the account using post-taxed dollars. Contributions are not federally tax deductible; however, some states may allow for state income-tax deductions for contributions made to an ABLE account.

Where are ABLE programs available and open for enrollment?

Although the program was federally enacted, ABLE is state-run. Washington’s program opened for enrollments in July 2018. So far, enrollments have been low, with the State Department of Commerce reporting that only a few hundred people have opened accounts. Commerce estimates about 30,000-50,000 people in Washington are eligible for the ABLE Savings Plan and have the financial assets to open an account.

Forty-five states and the District of Columbia have ABLE Savings Plans. Oregon’s plan was a year and a half ahead of Washington’s, so some Washingtonians signed up early through that option or through the national ABLE For ALL Savings Plan.

Individuals can shop around for the best program to meet their needs, and some states accept clients from all 50 states, including Virginia, Ohio, Nebraska, and Tennessee. Virginia is among the few states that issue a debit card for the account. The ABLE National Resource Center provides tools for reviewing the various state programs to find the best fit. Washington State ABLE Savings Plan links directly to a clickable form to determine eligibility.

When does the ABLE Age Adjustment Act go into effect?

With the 2023 passing of the Omnibus Spending Bill, the ABLE Age Adjustment Act was passed into law. Beginning on January 1, 2026, the age of onset of the disability will increase to 46 years of age.

Additional Resources:

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Step-By-Step Guide to Requesting Accommodations on SAT and ACT Exams

The transition from high school to college can be a daunting experience for any teenager. Part of the transition process is preparing for and taking the entrance exams for college. If the student is receiving accommodations in school, they may qualify to receive special accommodations while taking a college entrance exam.

The ACT and College Board Services for Students with Disabilities (SSD) do not approve accommodations for all college entrance exams. Contact your school, college, or testing center for the CLEP and ACCUPLACER tests. Students with documented disabilities may request accommodations on PSAT-related assessments with the help of their school counselor.

Differences Between SAT and ACT Exams

Most universities accept both SAT and ACT and the length of both tests is approximately the same.  ACT has more questions in that same period, so fast workers may prefer it.  However, the best one for a student is the one they feel best about, so trying sections of both before choosing which one to study for is recommended by most test prep professionals. Both ACT and SAT have free practice sections available.

SATACT
Reading (65 min, 52 Questions)Reading (35 min, 35 Questions)
Writing (35 min, 44 Questions)English (45 min, 75 Questions)
Math (80 min, 58 Questions)Math (60 min, 60 Questions)
Optional essay (50 min)Science (35 min, 40 Questions)
Scored 400-1600Optional essay (30 min)
Scored 1-36

A student must have approval from the College Board SSD (for the SAT) or ACT to use accommodations on an exam. If a student uses extended test time or other accommodations without prior approval, their test results will be invalid.

The process of requesting accommodations varies depending on the exam. These are the steps to request accommodations on SAT and ACT college entrance exams:

Step 1: Document the need for accommodations.

The student must have a documented disability. Documentation can be a current psycho-educational evaluation or a report from a doctor. The type of documentation depends on the student’s circumstances. The disability must impact the student’s ability to participate in the college entrance exams. If the student is requesting a specific accommodation, documentation should demonstrate the difficulty the student has performing the related task. The College Board provides a disability documentation guideline and accommodation documentation guideline, as does the ACT. Doctor notes and Individualized Education Program (IEPs) or 504 plans may not be enough to validate a request for accommodations; you must provide supporting information, such as test scores. 

While students typically only receive accommodations if they have a documented disability, some (very few) students who have a temporary disability or special healthcare need can also be eligible. The request is different in these circumstances for those who wish to take the SAT exam and students are often urged to reregister for a date after they have healed. If the student cannot postpone their test, the request form for temporary assistance must be completed by a school official, student (if over 18) or parent, doctor, and teacher. Then, the form must be faxed or mailed to the College Board for processing.

Step 2: Allow plenty of time for processing.

It takes time to apply for accommodations, including a processing period of up to seven weeks after all required documentation has been submitted to the College Board SSD or ACT. If they request additional documentation, or if a request is resubmitted, approval can take an additional seven weeks. Start as early as possible before the exam date to allow enough time for processing, responding to a request for more documentation, and additional processing time. If the student will take the exam in the fall, they should begin the process in the spring to allow sufficient time for processing.

Step 3: Identify appropriate accommodations.

If the student has a formal education plan, review the current plan, and note accommodations listed throughout, especially (but not only) those the student uses during assessments. Read through recent medical evaluations, prescriptions, and records to ensure all accommodations have been included in the formal education plan, if the student has one, or to locate appropriate accommodations recommended by medical professionals. You may recognize some of the Possible Accommodations for SAT and ACT Entrance Exams.

Some accommodations may only be provided during certain sections of the exam, depending on the specific accommodation requested. For example, a student with dyscalculia may receive extended time during the math section of the exam but not for any other subject.

Step 4: Submit the request for accommodations.

The easiest way to request SAT accommodations is to go through your student’s school. If you choose to go through the school, the school’s Services for Students with Disabilities (SSD) Coordinator (Special Education Coordinator, Guidance/School Counselors, etc.) can go online to review the SAT Suite Accommodations and Supports Verification Checklist and submit the application. Having the coordinator submit the application will help streamline the process. Homeschooled students or those who choose not to go through the school may request accommodations on the SAT exam by printing the Student Eligibility Form and submitting all documentation by fax or postal mail.

Requesting accommodations for the ACT exam requires working with a school official who is a part of the IEP team. The accommodations requested should be similar to the accommodations currently being received in school and must be approved by ACT before the test. All requests, including appeals, must be submitted by the late registration deadline for the preferred test date. Homeschooled students may request accommodations on the ACT exam by creating an ACT account online and submitting the required documents electronically.

Step 5: Register for the college exam.

Once the student is approved for SAT accommodations, they will receive a Service for Students with Disability (SSD) number that must be included when registering for the test. The school’s SSD Coordinator should ensure all the correct accommodations are in place when it is time to take the college exam. Approved accommodations will remain in effect for one year after graduation from high school.

Additional Information

Dyslexia Screening and Interventions: State Requirements and Resources

A Brief Overview

  • Dyslexia is a common condition that makes it hard to work with language. Reading difficulties are one sign of dyslexia.
  • Washington passed a law in 2018 requiring schools to screen young children for indicators of dyslexia. The law took effect in the 2021-22 school year.
  • Dyslexia isSpecific Learning Disability. Students with learning disabilities are eligible for an Individualized Education Program (IEP) if they demonstrate a need for Specially Designed Instruction (SDI). SDI is key when a student isn’t keeping up with grade-level work and standard teaching strategies aren’t working.
  • The Revised Code of Washington (RCW 320.260) requires schools to support literacy with “multi-tiered” programming. That means schools provide different levels of help for all students who need it, regardless of special education eligibility.
  • Washington Office of Superintendent of Public Instruction (OSPI) has handouts about dyslexia screening and supports in WA Schools, some in multiple languages.
    [ ខ្មែរ (Khmer), 한국인(Korean), ਪੰਜਾਬੀ (Punjabi), Русский (Russian), Soomaali (Somali), Español (Spanish), Filipino/Tagalog, 中國人(Traditional Chinese), and Tiếng Việt (Vietnamese)] They are listed at the end of this article.

Full Article

A child who struggles to read can quickly fall behind in school. Nearly every learning area includes some reading, and children might become confused or frustrated when they don’t get help to make sense of their schoolwork. Behavior challenges can result, and sometimes schools and families struggle to understand why the student is having a hard time. Reading difficulties affect a student’s literacy. One definition of literacy is the ability to read, write, speak and listen in ways that let people communicate well. The Revised Code of Washington (RCW 320.260) requires schools to support literacy with “multi-tiered” programming to help with reading difficulties.

One cause of difficulty with reading is a specific learning disability called dyslexia. The state’s definition of dyslexia, adopted in 2018, is similar to a definition promoted by the International Dyslexia Association. According to Washington State’s definition:

“Dyslexia is a specific learning disorder that is neurological in origin and that is characterized by unexpected difficulties with accurate or fluent word recognition and by poor spelling and decoding abilities that are not consistent with the person’s intelligence, motivation, and sensory capabilities.”

Understood.org provides a video and additional materials to learn about dyslexia. Here’s their plain language definition: “Dyslexia is a common condition that makes it hard to work with language.”

Washington State requires dyslexia screenings (tests to find out if a student may have or be at risk for dyslexia) and interventions (help with reading). Lawmakers in 2018 passed Senate Bill 6162 to require schools to screen children from kindergarten through second grade using state-recommended literacy screening tools. The law took effect in 2021-22.

Since reading is used in almost every learning area, this law means schools have a duty to identify students who show signs of possible dyslexia while they are in their early reading years. The law also requires schools to provide “interventions” (help) to students identified through the screening.

OSPI offers a Fact Sheet about the screening in multiple languages. It includes the reason for the screening, who gives the screening, the skills that are screened, the process, and information about dyslexia.

What happens if the screening shows indicators (signs) of dyslexia?

The law requires the school to:

  • Notify the student’s family of the identified indicators and areas of weakness
  • Share with the family the school’s plan for multitiered systems of support to provide supports and interventions (help with reading)
  • The notice should include resources and information about dyslexia for the family’s use.
  • Update families regularly on the student’s progress

How can families tell if a student has trouble, or may have trouble with reading and language? Families can look for these signs in children who are toddlers and pre-kindergarten:

  • Trouble learning simple rhymes
  • Speech delays
  • following direction
  • Difficulty reading short words or leave them out
  • Trouble understanding the difference between left and right
    -Child Mind Institute Parent Guide to Dyslexia.

Screening happens in kindergarten through grade 2. If a student is already older than that, families can check for these signs of reading and language difficulty at home.

Understood.org states: “Dyslexia can also cause trouble with spelling, speaking, and writing. So, signs can show up in a few areas, not just in reading.” Understood.org lists these signs for students older than grade 2: Signs a Student May Have Dyslexia (handout)

The Washington Office of Superintendent of Public Instruction (OSPI) offers a Family and Caregiver Discussion Guide that may help when families are planning to speak to their child’s teacher or school administrators about their student’s reading difficulties, behavior, or other concerns.

What happens if the screening shows a student has signs of dyslexia, or if families or teachers notice signs and want a student to get help?

The school puts multi-tiered systems of support (MTSS) into action. “Multi-tiered systems” usually means beginning reading help as part of regular classroom reading instruction. If a student’s reading difficulties continue, the student may get more intensive instruction in smaller groups, and perhaps move up to intensive one-on-one time with a reading instructor. For any of these levels, the reading instruction must be “evidence-based” methods which means the methods have been tested and shown to be useful in helping with reading difficulties.

This guide for schools from OSPI has details about MTSS.

These more intensive levels of reading help may work very well. Not every reading difficulty is due to dyslexia, and not every person with dyslexia has the same level or type of reading difficulty.

At any point during these interventions, families or teachers may see a student is not making progress and ask that the student be evaluated for special education to see if the student qualifies for an Individualized Education Program (IEP). An IEP can provide Specially Designed Instruction (SDI), which means instruction will be based on the student’s unique needs and provide extra instructional time, assistive technology, and other supports.

The federal law that provides special education eligibility and funding is called the Individuals with Disabilities Education Act (IDEA). According to the IDEA, Dyslexia is a Specific Learning Disability. Specific Learning Disability is a category of eligibility for an Individualized Education Program (IEP). IDEA states that students have the right to a Free, Appropriate Public Education (FAPE), and the IEP is a key factor in a student having FAPE.

What types of help can a student get with reading and literacy?

Multi-tiered systems of support (MTSS) use instruction methods that have been proven to work for many students, starting with help in the general (regular) classroom. If a student doesn’t make progress that way, the student may join a smaller group for that gives each student more time with a teacher or reading specialist and even move on to one-to-one instruction with a reading specialist. These options are available to any student who shows signs of dyslexia or reading difficulty. OSPI offers Dyslexia Guidance (for schools): Implementing MTSS for Literacy with more specific information.


IEP: Students can get Specially Designed Instruction (SDI) based on their unique needs, such as particular areas of language and literacy where they have difficulties. Reading programs offered by the school can be included in an IEP. IEPs can include accommodations, which may include texts and instructions in audio format, text-to-speech/speech to text software, recording oral answers to assignment or test questions, access to distraction-free location for reading, allowing extra time to complete work or tests, and many more. Accommodations for Students with Dyslexia by the International Dyslexia Association lists many other options.

Section 504 Plan: Section 504 plans don’t include Specially Designed Instruction. They do include accommodations.

The National Center on Improving Literacy has information on when a Section 504 plan may make sense for a student with reading difficulties or dyslexia. They note that Section 504 Plans, which fall under Section 504 of the Rehabilitation Act of 1973, do not provide for Specially Designed Instruction. If a student’s reading has improved without an IEP by receiving multitiered systems of support, a Section 504 plan may offer Assistive Technology options, spelling checks, extended time on assignments and testing and other accommodations.

PAVE has articles and a video with more information about special education, IEPs, and Section 504 plans.

Interventions (help with reading) are schoolwide

Not all students who need reading support will need IEPs or a Section 504 Plan. The Revised Code of Washington (RCW 320.260) requires schools to support literacy through “evidence-based multi-tiered” programming. That means schools provide different levels of support for all students who need help, whether or not the student has an IEP or Section 504 Plan.

Some schools have reading programs funded by Title 1, which is part of a federal law called Every Student Succeeds Act (ESSA). Title 1 is funded to close opportunity gaps related to poverty and other measures.  

TIP: Ask about all options for reading support at your school. If a student with an IEP participates in a schoolwide reading program, then the IEP can list that program as part of the student’s services.

Dyslexia can be identified and helped without a diagnosis

Students do not need a diagnosis of dyslexia to be evaluated (tested) for special education eligibility. If the family has concerns, they can ask the school to evaluate the student. Requests should be in writing. PAVE provides a sample letter to help families request an educational evaluation.

Here’s a sentence to include in the evaluation request letter:

“I need my child tested for a specific learning disability. I believe there is a problem with reading that is disability related.”

TIP: When a student’s need for reading help qualifies for an IEP, there are important things that families need to know about how IEPs work, what the goals are for the student’s reading abilities, what type of reading help will be given, where the Specially Designed Instruction will take place, and what the parent’s and student’s roles and responsibilities are when their student has an IEP. These are the basics:

  • IEP Eligibility is based on a student’s needs
  • Specially Designed Instruction (SDI) serves the identified needs
  • The IEP tracks learning progress with specific goals in each area of SDI

What options do families have if they disagree with a school’s decisions about their student’s reading supports or other decisions?

  • If a student has not been screened for signs of dyslexia and the family has concerns, a first step is to meet with the student’s teacher. This article by the International Dyslexia Association offers specific steps families can take.
  • Families can request an evaluation to see if the student qualifies for an IEP or a Section 504 Plan.
  • If families disagree with the evaluation, they can request an Independent Educational Evaluation (IEE) from a provider outside the school. This article from PAVE gives steps and a sample letter to request and IEE: Evaluations Part 2: Next Steps if the School Says ‘No’
  • If the student has an IEP, this article gives specific steps to follow: Parents as Team Partners: Options When You Don’t Agree with the School.
  • For students with a Section 504 Plan, OSPI recommends:
    “The Section 504 coordinator in each district makes sure students with disabilities receive the accommodations they need and respond to allegations of discrimination based on disability. [Section 504 coordinators are members of a school’s Section 504 team which develops 504 Plans to accommodate a child’s needs]. A discussion with your school principal, or Section 504 coordinator at the school district, is often the best step to address your concerns or disagreements about Section 504 and work toward a solution. Share what happened and let the principal or coordinator know what they can do to help resolve the problem. If you cannot resolve the concern or disagreement this way, you can file a complaint.”

What else to know:

Keep in mind that families and schools don’t need to use the term dyslexia at all. They can talk about a student’s learning disability in reading, writing, or math in broader terms such as “Specific Learning Disability.” Under the Individuals with Disabilities Education Act (IDEA), dyslexia is a Specific Learning Disability that qualifies a student for special education.

Specific Learning Disability is defined by the Washington Administrative Code (WAC 392-172A-01035):
“Specific learning disability means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia, that adversely affects a student’s educational performance.”

The state’s definition of learning disability excludes “learning problems that are primarily the result of visual, hearing, or motor disabilities, of intellectual disability, of emotional disturbance, or of environmental, cultural, or economic disadvantage.”

Here’s a handout on Accommodations and Modifications for Students with Dyslexia.

Resources

From PAVE:

Special Education is a Service, Not a Place
Student Rights, IEP, Section 504 and More (video)
Steps to Read, Understand, and Develop an Initial IEP
Supporting literacy: Text-to-Speech and IEP goal setting for students with learning disabilities
IEP Tips: Evaluation, Present Levels, SMART goals
Section 504: A Plan for Equity, Access and Accommodations
Evaluations Part 2: Next Steps if the School Says ‘No’
There’s more: just type “Special Education,” “IEP” or “504” in the search bar

From OSPI:

Family and Caregiver Discussion Guide with Educators and Schools
Understand Literacy Screening: Parents and Families
Available in ខ្មែរ (Khmer), 한국인(Korean), ਪੰਜਾਬੀ (Punjabi), Русский (Russian), Soomaali (Somali), Español (Spanish), Filipino/Tagalog, 中國人(Traditional Chinese), and Tiếng Việt (Vietnamese)
Best Practices for Supporting Grades 3 and Above
Section 504 & Students with Disabilities (web page)
Dyslexia Guidance (for schools): Implementing MTSS for Literacy

Dyslexia awareness is promoted by the National Center on Improving Literacy (NCIL), which provides resources designed to support families, teachers, and policy makers. On its website, the agency includes state-specific information, recommends screening tools and interventions and provides research data about early intervention.

The International Dyslexia Association has many detailed resources for families.