advocacy Archives - PAVE Partnerships for Action. Voices for Empowerment. Thu, 20 Nov 2025 00:59:27 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.3 130078990 Telling Your Story with a Purpose: How to Inspire Action in Two Minutes https://wapave.org/telling-your-story-with-a-purpose/?utm_source=rss&utm_medium=rss&utm_campaign=telling-your-story-with-a-purpose Wed, 19 Nov 2025 23:59:51 +0000 http://wapaveprod.wpenginepowered.com/?p=4572 You can make a real impact by sharing your personal stories with lawmakers and community leaders. By clearly describing a challenge and offering a solution, you help others understand what needs to change. With Read More

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You can make a real impact by sharing your personal stories with lawmakers and community leaders. By clearly describing a challenge and offering a solution, you help others understand what needs to change. With practice and support, your voice can lead to better laws, programs, and opportunities for everyone! 

A Brief Overview 

  • Speaking up about your experiences helps others understand your life and why change is needed. Civic engagement includes voting, joining meetings, and telling your story to make a difference. 
  • This article includes steps for planning, writing, and sharing your story. The Telling Your Story with a Purpose section explains how to describe your experience with a specific issue in a way that helps others understand and inspires change, including a video and downloadable checklist. 
  • PAVE offers Speak Up and Be Heard! coaching sessions for self-advocates in Pierce County to help make their stories clear, strong, and ready to share. To sign up, check the PAVE calendar and type: speak up in the search bar. 

Introduction

Every person’s story has the power to make a difference. When you speak up, you help others understand what life is like for you and why change is needed. Disability rights have improved because people shared their experiences and asked for better laws and support. Your story can help others see what’s working, what’s not, and what needs to change in your community.  

People choose to share their stories for many different reasons. Some reasons include: 

  • Personal growth: Your story can help you understand your own experiences, values, and goals. 
  • Community learning: By sharing your story with others, you can help them understand the challenges and impact of systems and services.  
  • Creating change: You can be in a classroom, local meeting, statewide agency, or with state or national leaders; your story can help others see what’s working and what needs improvement. 

Whether its in the classroom, community meeting, or with state leaders, sharing your story can motivate others to speak up and influence positive changes.  

PAVE offers Speak Up and Be Heard! coaching sessions for self-advocates in Pierce County. These sessions include both individual and group feedback to help make your story clear, strong, and ready to share. To sign up, check the PAVE calendar  and type: be heard in the search bar. 

Before You Write Your Story

Before you begin, take a moment to think about what you want to say. Your story can help others understand what needs to change. 

  1. What is the problem or challenge? 
    Think about a challenge you experienced. It could be something that affects you, or someone in your family. Try writing one sentence about how this problem affects people in general, and one sentence about how it affects you personally. 
  1. Who else is affected? 
    Does this problem affect other people in your school, community, or state? Think about how others might feel or struggle with the same issue. 
  1. What happens if nothing changes? 
    Imagine what life will be like if this problem continues. Will things get harder for you or others? 
  1. What needs to change? 
    Think about what could make the situation better. What would help you and others? 
  1. What can be done? 
    Are there actions or ideas that could improve things? What do you think would help solve the problem? 
  1. Who can help? 
    Think about who has the power to make change like lawmakers, school leaders, or community groups. These are the people you want to share your story with. 

Telling Your Story With A Purpose

This video introduces a strategy for telling a potent story in two or fewer minutes, using your own hand to guide the process.  

Think of this as a hand model for an inspirational elevator speech to improve or inspire: 

  • Speaking up for yourself 
  • Public comment 
  • A meeting with state leaders 
  • Legislative forums or candidate meetings 
  • Community education 

For support to create your story, fill out a PAVE Support Request, and a trained staff member will contact you. 

Steps To How To Tell Your Story

  1. Start with who you are. Be sure to say your name and the district, city, or town you live in. 
  1. Be careful with private information. If you want to include information about other people be sure you have permission before sharing anything confidential, such as names, ages, or health information. 
  1. Say what the problem is. Clearly and simply describe the problem or challenge. 
  1. Explain why this is important. Tell why this issue is important to you and others. 
  1. Share a short story. Write 4–5 sentences about how this issue has affected you or your family. If you can, share a positive example of something that went well and why you want others to have the same chance. 
  1. Make a clear request. 
    Say what you want to happen in one short sentence (30 words or less). Provide a clear action: 
  • “I ask you to vote for…” 
  • “I want you to change this policy in order to…” 
  • “I want you to fund a program that…” 
  • “I’m asking our school principal to consider…” 
  • “I want the community board to support…”  
  1. Focus on solutions. 
    Make sure your message is respectful. Don’t blame or criticize. Instead, talk about how fixing the problem can help others in your community. 
  1. End with thanks. 
    Repeat your request and say thank you. If you know something good the lawmaker has done before, mention it. For example, thank them for voting for a bill or supporting a program.  

We have provided a worksheet for easy practice. Steps to How To Tell Your Story Worksheet

Make Your Story Stronger

Once you’ve written your story, it’s time to make it shine! Read it out loud until it feels natural. Practice with a friend or family member. Try to keep it short – just 1 to 2 minutes is perfect. That’s called an “elevator speech,” because it’s short enough to share in a quick conversation. 

Ask someone you trust to read your story and give feedback.  

Keep sharing your story! Talk to friends and family about why it matters. Share your story on social media, like Tik Tok, Instagram, Facebook, and other sites. Use hashtags, like #AccessibilityForAll and #InclusionMatters, so more people see it. Follow and share posts from groups that care about the same things you do. Stay involved and keep learning about the issue. 

You might be asked questions like, “Why is this important?” or “How does this affect others?” Practice your answers ahead of time. If you don’t know something, it’s okay to say, “I’m not sure, but I’ll find out.” You can look up the answer later and share what you find. This shows you care and want to keep the conversation going. Always offer to send more information, so they know you’re open to talking with them again. 

More Ways to Participate and Connect

You can call the lawmaker, community leader, or other person involved in decision-making. You may also ask for a video meeting. Before you talk, write down the main things you want to say. Practice with a friend or family member so you feel confident. You can also write a short letter or email. Share your story and ask for their help. Add a photo if you want – it helps show why this matters. You can send the same message to more than one person. 

You can also attend rallies and community events that support disability rights or other causes you care about. These events are a great way to meet others, show support, and raise awareness. Sometimes, lawmakers and leaders attend these events too, so it’s a chance to be seen and heard. 

Legislative forums are public meetings where lawmakers listen to people in their community. You can go to learn, listen, or share your story. These forums happen during the lawmaking season and sometimes all year long. You can also attend other public meetings where lawmakers hear from the public. Bring your story and a question to ask. Be polite and thank them for their time. 

The Arc of Washington State provides pathways for people to participate in legislative advocacy. The Arc serves people with intellectual and developmental disabilities of all ages and their families.  

Learn More

The How To Tell Your Story worksheet is part of the  STEP into Your Voice: A Guide for Young Leaders. Be sure to check it out and get some more tips to help you to be the best advocate.

Click on Get Support at the top of this page to submit a Support Request and receive individually tailored support, training, information, and resources. 

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Evaluations Part 2: Next Steps if the School Says ‘No’ https://wapave.org/evaluations-part-2-next-steps-school-says-no-request/?utm_source=rss&utm_medium=rss&utm_campaign=evaluations-part-2-next-steps-school-says-no-request Thu, 30 Oct 2025 00:54:46 +0000 http://dev.wapave.org/?p=628 Families may feel uncertain or discouraged when a school denies a request for special education evaluation or finds a student ineligible for services. Fortunately, there are steps families can take Read More

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Families may feel uncertain or discouraged when a school denies a request for special education evaluation or finds a student ineligible for services. Fortunately, there are steps families can take to respond, seek clarification, and continue advocating for their child’s needs. Understanding available options and protections can help families take informed action and make decisions that support their child’s access to appropriate educational services.

A Brief Overview

  • If the school denies a request for a special education evaluation or does an evaluation and determines a student is ineligible for services, families have options.
  • Schools must issue a Prior Written Notice (PWN) explaining their decision to evaluate or deny a request.
  • Students who do not qualify for an IEP may still be eligible for a Section 504 Plan.
  • Procedural Safeguards provide a specific process for special education and offer families the right to file formal complaints when they disagree with school decisions.
  • When there is a dispute about a district’s evaluation, one option is to request an Independent Educational Evaluation (IEE) from a provider outside of the school district. This article includes a downloadable sample letter in multiple languages to help with that process.
  • PAVE supports students and families navigating educational services. Click Get Support at wapave.org to request 1:1 support.

Introduction

Parents have a variety of choices if the school denies a request to evaluate a student for special education, or if the school does an evaluation and finds the student ineligible for services through an Individualized Education Program (IEP). These decisions can feel discouraging, but they do not mark the end of the road. Under the Individuals with Disabilities Education Act (IDEA) and its implementation through Washington Administrative Code (WAC 392-172A), families have the right to challenge decisions, seek clarification, and request further evaluation. Understanding these options can help families take informed next steps and ensure that their concerns are heard and addressed.

Ask for the Decision in Writing

The school is required to respond through a formal letter, called Prior Written Notice (PWN), to explain its rationale for moving forward with an evaluation or denying the request. If the explanation is unclear or lacks detail, families can ask for a more complete written response. Schools may not deny an evaluation based on internal resource limitations or staffing challenges. According to the Child Find Mandate of IDEA, schools are obligated to evaluate any student with a known or suspected disability, regardless of whether other classroom supports are being used. For example, schools may implement approaches like Response to Intervention (RTI) to support learning, but these methods cannot be used to postpone or deny assessment when a disability is suspected.

Request a Meeting

Discussing a student’s difficulties in a meeting, in-person or virtually, can help school staff understand a parent’s level of concern. A district representative, such as a director of special education, can provide insight about the process and additional options. Parents can invite anyone they would like to attend who has knowledge of the student, including a support person to take notes and help track the conversation.

Is a Section 504 Plan Appropriate?

If a student has a known disability, with some educational impacts, but there is no documented need for Specially Designed Instruction (SDI) and/or related services, the student might qualify for accommodations provided through a Section 504 Plan.

Section 504, which is part of the Rehabilitation Act of 1973, defines disability as an impairment that impacts a major life activity. A formal evaluation is helpful but not required, and parent involvement is best practice. The team asks:

  1. Does the student have a disability?
  2. Does the disability limit one or more major life activities?

If the answer to these two questions is yes, the school can develop a plan to support the student within the general education setting. Assistive technology and modifications to the curriculum can be part of the plan, which includes individualized accommodations to ensure the student is able to access school in ways that are equitable. PAVE provides an article with more information about Section 504.

Options When Resolution Requires More Support

Families are protected by Procedural Safeguards, which outline a specific processes for resolving disagreements in special education. When informal conversations don’t lead to resolution, options such as mediation, community complaint, and due process may be appropriate. PAVE’s article, When Parents and Schools Disagree: Navigating Special Education Disputes, offers clear guidance on these pathways and what to expect. 

If a school denies a request for a specific evaluation, such as a Functional Behavioral Assessment (FBA) or an assistive technology evaluation, families can still pursue dispute resolution options. These types of assessments may be essential for understanding a student’s behavioral needs or identifying tools that support access to learning. Requests for these evaluations are protected under the same legal framework as other special education decisions, specifically the procedural safeguards.

The Office of Superintendent of Public Instruction (OSPI) provides assistance to navigate these processes through a Special Education Parent Liaison, and families may also seek help from the Governor’s Office of the Education Ombuds for collaborative problem-solving. For personalized assistance, PAVE supports students with disabilities and their families. Click Get Support at wapave.org to request 1:1 support.

Request an Independent Education Evaluation (IEE)

Families who disagree with a school district’s evaluation results have the right to request an Independent Educational Evaluation (IEE) conducted by a qualified professional outside the district. An IEE can offer additional information that may support the need for Specially Designed Instruction (SDI) and/or related services.

If the school district denies a request for an IEE at public expense, the district must initiate a due process hearing within 15 calendar days to show that its evaluation was appropriate.

When an IEE request is accepted, the school district provides a list of independent evaluators. Parents have discretion to call each one or to seek an alternative evaluator at their own expense before choosing who will evaluate the student. The school must consider the results of the IEE when deciding whether the student qualifies for special education programming.

Sample Letter to Request an IEE

Download the Sample Letter to Request a Functional Behavioral Assessment (FBA) in:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Ukrainian українська | Vietnamese Tiếng Việt

Families can email the IEE request letter, send it by certified mail (and keep the receipt), or hand carry it to the district office and request a date/time receipt. It is important to keep a copy of this letter and all school-related correspondence in the student’s home records. Organizing with a binder or a filing system helps with keeping track of all letters, meetings, conversations, etc. These documents will be important for student throughout their educational career and beyond, including when they transition out of school.

Final Thoughts

When a school says “no,” it can feel like a door has closed—but that moment can also mark the beginning of a more empowered path forward. Each action a family takes is a meaningful expression of care and commitment. Family caregivers should trust their instincts, lean on trusted resources, and reach out for support. Persistence paired with informed choices can lead to real change and this journey is about more than advocacy—it’s about championing a child’s right to thrive.

Learn More

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PAVE Provides Sample Letters to Support Families in their Advocacy https://wapave.org/pave-provides-sample-letters-to-support-families-in-their-advocacy/?utm_source=rss&utm_medium=rss&utm_campaign=pave-provides-sample-letters-to-support-families-in-their-advocacy Thu, 30 Oct 2025 00:54:08 +0000 http://wapaveprod.wpenginepowered.com/?p=6696 PAVE offers a collection of downloadable sample letters, available in multiple languages, to help families advocate for their children’s educational needs. These letters support clear and effective communication between families Read More

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PAVE offers a collection of downloadable sample letters, available in multiple languages, to help families advocate for their children’s educational needs. These letters support clear and effective communication between families and schools, making it easier to request evaluations, meetings, or behavioral support. Whether you’re just getting started or need help with a specific concern, these tools can guide your next steps.

What is an Advocate?

An advocate is someone who works toward a cause or goal. While professional advocates may be trained to support others, family caregivers often become advocates themselves when they speak up for a child’s needs. Sometimes the hardest part of advocacy is figuring out what to do next. When a child has unmet needs at school, students and family advocates can request evaluations, meetings, or behavioral assessments to help improve services. Putting these requests in writing helps formalize the process and ensures that everyone involved is accountable.

PAVE helps families get started with a collection of sample letters, available for download in multiple languages. We’ve bundled links to those letter templates here for easy reference. Each link takes you to a short article with key information to help you understand the process of special education and how your customized letter can move you forward in that process.

Always Keep Your “Why” in Mind

Why are you taking action? Because you want something to improve for your child! PAVE’s short video, Quick Start Your Advocacy in Two Steps, might help you get ready to craft a letter. The video helps you ask two key questions:

  • What do you want?
  • Who has the power to work with you and make that happen?

As you write your letter, keep those questions and your “why” top of mind.

Request an Evaluation

Sample Letter to Request Evaluation: Schools are required to evaluate students to determine eligibility for a Section 504 Plan or an Individualized Education Plan (IEP). A referral can come from anyone with knowledge of the student and must be in writing. This article provides a sample letter and a link to an alternative form provided by the Office of Superintendent of Public Instruction (OSPI).

Download the Sample Letter to Request an Evaluation in:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Ukrainian українська | Vietnamese Tiếng Việt

Request an IEP Meeting

Sample Letter to Request an IEP Meeting: Family members can request an IEP team meeting anytime there are concerns about how the IEP is being implemented and whether a student may have unmet needs. This article includes information about who is required to attend an IEP meeting and the rights of parents to participate in educational decision making.

Download the Sample Letter to Request an IEP Meeting in:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Vietnamese Tiếng Việt

Request a Functional Behavioral Assessment

Sample Letter to Request a Functional Behavioral Assessment: If a child’s behavior is getting in the way of their education, the school is responsible to assess the problematic behaviors and develop a support plan to teach the student what to do instead. In addition to a sample letter, this article provides a link to a video to help families and schools work together through this process.

Download the Sample Letter to Request a Functional Behavioral Evaluation in:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Ukrainian українська | Vietnamese Tiếng Việt

Request an Independent Educational Evaluation (IEE)

Evaluations Part 2: Next Steps if the School Says ‘No’: If the school evaluates a student and says they aren’t eligible for an IEP or a specific area of service, parents have steps they can take if they disagree. One option is to request an Independent Educational Evaluation (IEE) from an outside provider. This article provides a sample letter for requesting an IEE at school district expense. If the family requests an IEE because they disagree with the school’s evaluation or its conclusions, then the district must pay for the IEE or deny the request through Due Process: IEE denials are evaluated by an Administrative Law Judge.

Download the Sample Letter to Request an Independent Educational Evaluation (IEE) in:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Ukrainian українська | Vietnamese Tiếng Việt

Final Thoughts

Families who want individualized assistance can reach out to PAVE by completing the Get Support  form. Check out the PAVE Calendar for upcoming trainings and events.

The post PAVE Provides Sample Letters to Support Families in their Advocacy appeared first on PAVE.

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Disability History Month Provides Opportunities for Reflection https://wapave.org/disability-history-month-provides-opportunities-for-reflection/?utm_source=rss&utm_medium=rss&utm_campaign=disability-history-month-provides-opportunities-for-reflection Wed, 29 Oct 2025 23:50:59 +0000 http://wapaveprod.wpenginepowered.com/?p=2908 The history of disability rights shows how people with disabilities have worked hard to get equitable access, fair treatment, and meaningful inclusion. Key laws and strong community voices have helped Read More

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The history of disability rights shows how people with disabilities have worked hard to get equitable access, fair treatment, and meaningful inclusion. Key laws and strong community voices have helped shape education and civil rights. Today, it is as crucial as ever to learn, speak up, and work together to build a more inclusive society.

A Brief Overview

  • October is Disability History and Awareness Month in Washington State (RCW 28A.230.158). This month helps people learn about disabilities, raise awareness, promote respect and acceptance, and build pride among individuals with disabilities.
  • Federal and state laws, along with court decisions, have helped students with disabilities go to public school, get the services they need, and be included in general education whenever possible.
  • State law requires public schools to teach students about disability history and help them understand what it means to live with a disability.
  • Parent Centers like PAVE help families and individuals understand disability rights. To find a Parent Center outside of Washington State, visit Find My Center on the Center for Parent Information and Resources (CPIR) website.

Celebrating the History of Disability Rights

Disability History and Awareness Month in October is a time for students, families, teachers, and community leaders to remember and learn about the disability rights movement. Equity and access are protected by law, but there is still work to be done to make sure that laws are followed so that everyone has fair access to opportunities.

Organizations like PAVE help families and individuals understand disability rights. They also explain how history has shaped today’s laws, including the words we use when we talk about disability rights.

Below is a timeline of key actions at the state and federal level.

Please note that this article is an overview and does not include every law or court case from the long history of disability rights.

1954​: Brown v. Board of Education​ of Topeka

This landmark Supreme Court case was brought by families who challenged racial segregation in public schools. In Brown v. Board of Education of Topeka (1954), the Court ruled that separating students by race was unfair and violated the 14th Amendment’s promise of equal protection under the law.

‘Separate but equal’was outlawed, and equal educational opportunities became a right of all citizens. ​

The decision helped establish the principle that all students deserve equal educational opportunities. It became a foundation for future disability rights cases. Advocates used this ruling to argue that students with disabilities also have the right to attend public schools and receive a fair education.

1964​: Civil Rights Act​

The Civil Rights Act of 1964 was a major law that helped protect people from discrimination. It made it illegal for state and local governments to deny access to public places, like schools, parks, and libraries. This law confirmed that equality is a legal right, and that discrimination is against the law.

It also helped desegregate public schools and gave the U.S. Attorney General the power to take legal action against schools or other public agencies suspected of breaking the law. It also stated that agencies that didn’t follow the law could lose their federal funding.

1971: Washington guarantees special education rights

In 1971, the small but fierce Education for All Committee — Evelyn Chapman, Katie Dolan, Janet Taggart, Cecile Lindquist — worked with two law students to craft and advocate for passage of legislation (House Bill 90) to mandate public education for all children with disabilities age 3–21. HB 90 became Chapter 66 of the Laws of 1971, entitled Educational Opportunities for Handicapped Children, generally referred to as the Education for All Act. Washington’s special education law is now codified at RCW 28A.155

1972: Key precedents are established in other states

In P.A.R.C. v. Commonwealth of Pennsylvania (1971)*, a group of parents went to court to fight for their children’s right to go to public school. At the time, some schools didn’t allow children with disabilities to attend. The court decided that all children, no matter their abilities, have the right to a free public education.

A few months later, Mills v. Board of Education of the District of Columbia (1972) built on the P.A.R.C. decision. In Mills, the court found that education should not only be free and accessible to all students, but also suitable for each child’s needs. These two cases helped establish the principle that all children, regardless of ability, have the right to attend public school and receive an education suited to their individual needs.

To learn more about how individuals with intellectual disabilities gained education rights through these landmark cases, visit Disability Justice.

*Note: PAVE recognizes that past terminology has contributed to stigma. We are committed to using inclusive, disability-affirming language that reflects the preferences of individuals and communities, including identity-first and person-first approaches.

1973: The Rehabilitation Act

The rights of people with disabilities to get the help they need in order to be successful in school, at work, and in any public place or program was firmly established by the federal Rehabilitation Act of 1973. This federal law that is still active today and enforced by the Office for Civil Rights at the U.S. Department of Education. Part of it, Section 504, defines a disability as any condition that seriously affects a major life activity. If a student has a physical or mental condition that meets this definition, the school must follow the law and provide support to help the student access their education and participate in school activities.

1975: The Education for All Handicapped Children Act

In 1975, the U.S. passed the Education for All Handicapped Children Act, the first federal law focused on the education of children with disabilities. It required public schools to give students with disabilities equal access to free educational programming, along with evaluations, a specific learning plan, and input from parents. The law said that special education should emulate the learning experiences of students without disabilities as closely as possible. This means that students with disabilities have the right to a school experience that looks as much like a typical student’s program as possible. It also introduced the idea of the Least Restrictive Environment (LRE), encouraging schools to work harder to include students of many abilities in general education classrooms. To help families resolve disagreements with the school, the law outlined required dispute resolution procedures. Parents are given information about their rights through Procedural Safeguards that are shared at IEP and other official meetings.

1979: PAVE began as one of the country’s first six parent centers

Pierce County was among six locations across the country to receive training in Special Education rights. In 1979, thirty Washington parents received training on Special Education law. The goal was for those parents to share information throughout the state. To help this movement, a clearinghouse named Closer Look provided intense training for these pioneering parents about the laws. Closer Look evolved in the National Information Center for Children and Youth with Disabilities (NICHCY), and much of that work has been updated and preserved by the Center for Parent Information and Resources (CPIR), the current technical assistance center for PAVE and other parent centers across the country. CPIR continues to provide free information to professionals and parents about education rights under federal law.

To connect with a Parent Center outside Washington State, visit Find My Center on the Center for Parent Information and Resources (CPIR) website.

1981: Federal waiver program enables more children to get help at home

The federal government created a system through Medicaid to provide a new way to care for children and adults with disabilities in their homes. This system introduced a funding option called a waiver, which helps pay for in-home support. Once the first state Medicaid agency applied for and received a waiver from the federal government, other states began to apply. As a result, thousands of children who might have lived in hospitals or institutions in the past are now able to live at home. PAVE’s Family to Family Health Information Center is part of a nationwide Family Voices community that helps families understand and apply for these waivers and manage other aspects of care for their loved ones with disabilities and complex medical needs.

1988: Washington State recognizes the capacity of all persons

The Washington legislature passed RCW 71A.10.015 to recognize “the capacity of all persons, including those with developmental disabilities, to be personally and socially productive.

“The legislature further recognizes the state’s obligation to provide aid to persons with developmental disabilities through a uniform, coordinated system of services to enable them to achieve a greater measure of independence and fulfillment and to enjoy all rights and privileges under the Constitution and laws of the United States and the state of Washington.”

1990: Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) protects people from disability discrimination by the federal and state governments, including public schools. It also applies to all schools, workplaces, and any public or private place that offers goods or services to the public. The law covers people of all ages, including those who are treated unfairly because they are perceived to have a disability, even if they don’t have one.

Many ADA protections are like those found in Section 504 of the Rehabilitation Act of 1973. Both laws focus on equity and access, and they protect people with disabilities throughout their lifespan.

Understood.org offers resources for parents to learn about ADA protections in schools, including printable fact sheets. The U.S. Department of Justice provides an ADA Information Line to answer questions and help people report possible violations of the law. The Office for Civil Rights also provides guidance for students with disabilities as they plan for post-high school education programs.

1990: Individuals with Disabilities Education Act (IDEA)

The Education for All Handicapped Children Act was renamed and enacted as the Individuals with Disabilities Education Act (IDEA) in 1990. Free Appropriate Public Education (FAPE)came into being, which is still key to how schools support students with disabilities. FAPE means that every child with a disability has the right to an education that helps prepare them for further learning, work, and life. The law also protects the rights of students and their parents or guardians. Schools are required to check if a student’s program is working and make sure the student is making progress.

IDEA is an entitlement law, which means students with unique needs must get support based on their individual situation—not just what’s already available. This federal law guides how each state creates its own special education rules. In Washington State, those rules are found in the Washington Administrative Code (WAC), specifically in chapter 392-172A. Title 34, Part 104, is a federal rule that protects people from discrimination and is enforced by the Office for Civil Rights. 

1992: Rehabilitation Act Amendments

Amendments to the 1973 Rehabilitation Act focus on the abilities and choices of persons with disabilities. These changes challenge service systems and communities to support individuals as they work, live, and participate in the community. The Amendments are guided by the idea of a presumption of ability. This means that every person with a disability, regardless of the severity of the disability, can achieve employment and other rehabilitation goals, if they have the right services and support.

The primary responsibilities of the vocational rehabilitation system include:

  • Help individuals with disabilities make informed choices about jobs that lead to integration and inclusion in the community.
  • Develop an individualized rehabilitation program with the full participation of the person with a disability.
  • Match a person’s needs and interests with appropriate services and supports.
  • Work closely with other agencies and programs, including school districts, to build a strong and unified support system.
  • Focus on quality services and ensure service representatives honor the dignity, participation, and growth of each person as they explore employment options.

2000: Settlegoode v. Portland Public Schools

In 2000, the case of Settlegoode v. Portland Public Schools helped bring attention to the rights of teachers who work in special education. A former special education PE teacher filed the lawsuit after being fired for speaking up about problems with how IEPs were being followed. The court ruled that appropriate staff training is an important part of FAPE and that school staff have the right to stand up for students without being punished.

2004: IDEA Amendments

Congress updated IDEA by passing the Individuals with Disabilities Education Improvement Act (IDEIA) in 2004. Some parts of the law were changed to match the goals of the 2001 No Child Left Behind Act. Here are a few examples of updates:

  • IDEIA allowed 15 states to try out 3-year IEPs when parents agreed every year as a pilot program.
  • Based on a report of the President’s Commission on Excellence in Special Education, the law changed the requirements for evaluating children with learning disabilities.
  • New rules were added about how schools handle discipline for students in special education. These updates continue to shape discipline policies in Washington State.
  • The law strengthened the idea of Least Restrictive Environment (LRE), saying students should learn in regular classrooms with extra help and services, “to the maximum extent appropriate.”

2008: Washington schools are required to celebrate disability history each October

Washington State passed a law to create Disability History and Awareness Month (RCW 28A.230.158), which takes place every October. The legislature explained that: “annually recognizing disability history throughout our entire public educational system, from kindergarten through grade twelve and at our colleges and universities, during the month of October will help to increase awareness and understanding of the contributions that people with disabilities in our state, nation, and the world have made to our society. The legislature further finds that recognizing disability history will increase respect and promote acceptance and inclusion of people with disabilities. The legislature further finds that recognizing disability history will inspire students with disabilities to feel a greater sense of pride, reduce harassment and bullying, and help keep students with disabilities in school.”

2012: Employment First in Washington State

The Washington legislature passed Senate Bill 6384 to create Employment First requirements people age 21 and older who receive services through the Developmental Disabilities Administration (DDA). The law states, “The program should emphasize support for the clients so that they are able to participate in activities that integrate them into their community and support independent living and skills.”

The legislation:

  • Supports employment as the first choice for adults of working age.
  • Incorporates the right to transition to a community access program after nine months in an employment service.
  • Clarifies that a client receive only one service option at a time (employment or community access).

DDA Policy Document describes the history behind the law and the rules for how it would be implemented.

2013: Doug C. v Hawaii

In Doug C. v. Hawaii (2013), the court ruled that parents must be included in the IEP. The lawsuit was filed in behalf of a parent who was not included in a school meeting at which important decisions were made about their child’s IEP. The decision confirmed that families have a legal right to be part of planning their child’s education and that schools must make sure parents and guardians are involved.

2015: Every Student Succeeds Act (ESSA)

In 2015, Congress passed the Every Student Succeeds Act (ESSA) to update the Elementary and Secondary Education Act (ESEA), which had been the nation’s main education law for over 50 years. ESSA says that every child in the United States has the right to a free public education “to ensure that every child achieves.”

The law:

  • Protects the rights of disadvantaged and high-need students.
  • Requires for the first time that all students be taught to high academic standards that prepare them for college and careers.
  • Provides important information to families, educators, and communities through yearly statewide tests that show student progress toward high standards.
  • Encourages schools to use evidence-based strategies to support learning.
  • Expands access to high-quality preschool.
  • Keeps schools accountable when student groups are not making progress or graduation rates are low.

2017: Endrew F v. Douglas County School District

In Endrew F., the Court ruled that schools must offer an IEP that is reasonably calculated to enable a child to make progress, based on their individual circumstances of disability. The decision rejected the old “de minimis standard,” which allowed schools to offer only minimal progress. Trivial progress is no longer enough.

The ruling emphasized:

  • Grade-level goals for students who can learn in the general education classroom.
  • Parent participation in the IEP process.
  • Higher expectations for student growth under IDEA.

Writing for the Court, Chief Justice John G. Roberts explained that a child making only small gains would be like “sitting idly… awaiting the time when they were old enough to drop out.” The case continues to influence how schools and agencies support students with disabilities, and many professionals encourage families to hold schools accountable to these higher standards.

PAVE provides more information about parent and guardian rights to participate in their child’s education in this article: Parent Participation in Special Education Process is a Priority Under Federal Law .

Download the Disability Rights Timeline

A visual version of the timeline is available as a downloadable infographic to support learning and reflection.

Infographic of the Disability Rights Timeline. Visit wapave.org and type disability History on the search bar to read the article and receive accessible information included  in this infographic

View this infographic in PDF form

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Sample Letter to Request Evaluation https://wapave.org/sample-letter-to-request-evaluation/?utm_source=rss&utm_medium=rss&utm_campaign=sample-letter-to-request-evaluation Mon, 29 Sep 2025 21:59:24 +0000 http://wapaveprod.wpenginepowered.com/?p=1596 Anyone with knowledge of a student may request a special education evaluation, and Washington State law requires that referrals be made in writing. Schools must respond within specific timelines and Read More

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Anyone with knowledge of a student may request a special education evaluation, and Washington State law requires that referrals be made in writing. Schools must respond within specific timelines and provide language access and support throughout the process. Families have the right to participate in all decisions and may dispute outcomes if they disagree. Special education is a service designed to meet individual needs, not a predetermined placement.

A Brief Overview

  • Washington State requires special education referrals to be in writing (WAC 392-172A-03005). Schools must assist individuals who cannot write.
  • Anyone with knowledge of a student can write a referral.
  • The state provides a Referral for Special Education Evaluation form for making a special education referral, available for download in multiple languages from the Office of Superintendent of Public Instruction (OSPI) website. The form is not required—any written request is valid.
  • Another option is to write a referral using the sample letter at the end of this article.
  • Schools are responsible to provide families with a referral form in their native language and to provide qualified interpreters so families can participate in all meetings to discuss their student’s special education eligibility and services.
  • Schools must respond to a referral within 25 school days and provide a Prior Written Notice (PWN) explaining their decision.
  • If the school agrees to evaluate, parent consent is required before the process begins. The evaluation must be completed within 35 school days, and an IEP developed within 30 calendar days if the student qualifies.
  • If a student is found ineligible for an IEP or the school refuses to evaluate, families may dispute the decision using procedural safeguards, request an Independent Educational Evaluation (IEE), or pursue evaluation for a Section 504 Plan.

Introduction

When a student is struggling in school and there is reason to suspect the challenges are disability related, anyone can refer the student for an educational evaluation. If the evaluation shows that the student is eligible, services are provided through an Individualized Education Program (IEP). Washington State requires special education referrals to be in writing, as specified in Washington Administrative Code (WAC 392-172A-03005).

What Schools Must Do After a Referral

If someone who knows the student asks for an evaluation, the school is responsible for:

  • Documenting the request
  • Recording the date the referral was made
  • Providing a referral form in the person’s native language
  • Responding to the request within 25 school days

If the person asking for the evaluation cannot write, the school is responsible for supporting them to complete the referral.

The school must provide a referral form in the native language of the person making the request. Schools are required to provide qualified interpreters to support parent participation in the referral process and for all meetings where a student’s eligibility and/or educational services are discussed. The Office of Superintendent of Public Instruction (OSPI) provides Parent Rights Information Sheets, downloadable in many languages on the Interpretation and Translation Services webpage.

Evaluation Process and Timelines

When a student is referred for a special education evaluation, the school has 25 school days to decide if they will do the evaluation. These are days when students are actually in school. The school must tell the family their decision in writing. This letter is called a Prior Written Notice (PWN), and it follows rules from WAC 392-172A-05010.

Usually, the school and family meet to talk about the referral and how the student is doing. If everyone agrees to move forward, the parents or caregivers sign a form giving permission for the evaluation to begin. Families can ask questions about what the evaluation will include. The school will look at all areas where the student might need help. This helps them understand the student’s strengths and challenges. If the student qualifies for special education, the results will help create a plan called an Individualized Education Program (IEP).

If the school decides not to evaluate and the family disagrees, the family has the right to take steps to solve the disagreement. These steps are explained in the procedural safeguards.

When the school agrees to evaluate the student, staff must promptly seek parent consent to begin the evaluation process (WAC 392-172A-03005).

Generally, parents sign a form that lists what the school will include in its evaluation. Parents can ask for additional areas to be evaluated to make sure the school gets data for all areas of concern. Families can ask for more information about what the evaluation will look like, where it will take place, how long it will take, and who will participate. The school and family can creatively plan the evaluation process if accommodations are needed. For example, if a student isn’t able to attend in-person school, the evaluation can be done in alternative locations.

After a parent signs consent, the school has 35 school days to finish the evaluation and meet with the family to talk about the results. The deadline may be extended if the family agrees, particularly to accommodate needs of the family or student.

The 35-day deadline does not apply if the student is unavailable for the evaluation or enrolls in another school district before the evaluation is finished (WAC 392-172A-03005).

For students found eligible for services, the school develops an IEP within 30 calendar days and requests parent consent for services to begin. The school and family meet to review a DRAFT version of the IEP and write a final version together before consent is signed. School staff provide a Prior Written Notice (PWN) with a summary of the meeting, agreements, and timelines before services start. PWN requirements are described in WAC 392-172A-05010.

How to Refer a Student for Evaluation for Special Education

The Office of Superintendent of Public Instruction (OSPI) is the guidance agency for Washington State. OSPI provides a Referral for Special Education Evaluation form, downloadable in multiple languages from a website page titled, Model Forms for Services to Students in Special Education. Families may use OSPI’s form, a form provided by their school, or their own choice of format to write their request for a student to be evaluated.

Further explanation of the referral and evaluation process is provided on the OSPI website page, Making a Referral for Special Education.

A non-discriminatory evaluation is part of the protections for a student with a known or suspected disability that may significantly impact their access to education (Child Find Mandate). Child Find protections are part of the federal Individuals with Disabilities Education Act (IDEA). Child Find applies whether there are academic and/or non-academic school impacts.

PAVE provides more detail about IEP eligibility and evaluation process: Evaluations Part 1: Where to Start When a Student Needs Special Help at School.

Sample Letter to Request an Evaluation

Below is a sample letter to write a request for a special education evaluation. You can copy and paste the text of this sample letter into your word processor to build your own letter.

Download the Sample Letter to Request an Evaluation in:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Ukrainian українська | Vietnamese Tiếng Việt

The state provides an alternative form, downloadable from OSPI’s website page titled, Making a Referral for Special Education. Your school district is responsible to provide a form, in your language, for you to submit your written request. These formats are your choice—any written request is valid. If you cannot write, you can ask for an evaluation by telling the school and they can write the request with you.

Submit your written request through email, by mail, or by hand delivery, to the special education/special services manager at your school’s district office. You may submit additional copies to school administrators and/or a school psychologist—the person who manages evaluations for your school. Be sure to keep copies of all of your communications with the school in an organized, safe place.

Special Education is a Service, Not a Location

A request for a special education evaluation is NOT a recommendation to remove a student from the regular classroom and move them into an exclusive learning environment. Federal and state laws require that students receive education and services in the Least Restrictive Environment (LRE) to the maximum extent possible to meet their needs. Special Education is a service, while LRE refers to placement. You can read more about this in the PAVE article, Special Education is a Service, Not a Place. Decisions about placement are made by the IEP team, which includes the family. The IEP team is responsible to consider the child’s circumstances and capacities as its top priority—not pre-built programs or district resources. The PAVE article, Parent Participation in Special Education Process is a Priority Under Federal Law, provides detail about parent participation in special education process.

Parents Can Appeal Decisions and/or Seek a 504 Plan

If a student is evaluated and found not eligible for an IEP (or if the school refuses to do an evaluation), the family has the right to dispute the decision using Procedural Safeguards.

If they disagree with the district’s evaluation or its findings, the family may seek an Independent Educational Evaluation (IEE), which is done by an agency outside of the school district. The district must pay for an IEE or deny the request using Due Process. See PAVE’s article: Evaluations Part 2: Next Steps if the School Says ‘No’ to Your RequestThe article includes a sample letter to request an IEE.

Another option if a student doesn’t get an IEP is to develop a Section 504 Plan, which accommodates a person with a disability that impacts a major life activity (learning, walking, speaking, writing, socializing…). Section 504 is part of the Rehabilitation Act of 1973, which protects the civil rights of individuals with disabilities against discrimination throughout their lives. See PAVE’s article about Section 504 rights, which also protect students who qualify for an IEP: Section 504: A Plan for Equity, Access and Accommodations.

Final Thoughts

Requesting a special education evaluation is a straightforward process that begins with a written referral. By following the required steps and understanding your rights, you can help ensure your student receives the support they need. Whether you use a formal form or write your own letter, the request must be clear and submitted in writing. This step initiates the evaluation process and ensures the school is legally obligated to respond.

Learn More

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