Tag: Where to Start

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

Posted on by Nicol Walsh

When a student is struggling in school and may have a disability, families can request a formal evaluation to explore eligibility for special education services. The process includes submitting a written referral, participating in a team-based assessment, and using the results to guide individualized supports. Even if a student doesn’t qualify for an IEP, other protections and accommodations may still be available. 

A Brief Overview 

  • Special Education is provided through the Individualized Education Program (IEP) for students with qualifying disabilities. 
  • Anyone with knowledge of a student’s needs can make a referral for evaluation. 
  • If a student is struggling and has a known or suspected disability, the school must evaluate to determine eligibility for special education. 
  • Referrals must be made in writing, and schools must support families in removing barriers to this process, including providing translation and interpretation. 
  • To qualify for an IEP, a student must meet three criteria: have a disability, experience adverse educational impact, and need Specially Designed Instruction (SDI). 
  • Families are active participants in the evaluation and IEP development process and may request revisions to evaluation summaries and IEP statements. 
  • Eligibility is determined based on how a disability affects learning, not solely on a medical diagnosis, and must fit one of 14 federally recognized categories. 
  • Schools follow specific timelines for responding to referrals, completing evaluations, and developing IEPs.  
  • PAVE provides Sample Letters to Support Families in Their Advocacy, including a Sample Letter to Request an Evaluation. 

Introduction

When a student is struggling in school and may have a disability, families have the right to ask for an evaluation to better understand their child’s needs. This process helps identify learning challenges and guides decisions about supports that can make school more accessible. Starting with a referral for evaluation, families and schools can work together to identify what a student needs to thrive with individually tailored school-based supports. 

Who Can Make the Referral?

Anyone with knowledge of a student’s learning or developmental needs can make a referral for special education evaluation. This includes parents, guardians, family members, teachers, school staff, counselors, early learning providers, and even community members. Referrals can be made for students ages 3–21 who are suspected of having a disability and may need special education services.

School districts are required to actively seek out and evaluate students who may need support. This responsibility is called Child Find, and it is part of the federal Individuals with Disabilities Education Act (IDEA). Districts must have procedures in place to locate, identify, and evaluate students, including those who are unhoused, in foster care, highly mobile, or attending private schools within district boundaries.

Removing the Barriers to Evaluation

Schools must support individuals who are unable to write by helping them complete the referral in another format. This includes offering assistance in drafting the referral or providing alternative methods such as verbal requests or translated forms. The goal is to remove barriers that might prevent a family from initiating the evaluation process.

Schools are legally required to provide evaluation materials and meeting support in the family’s native language or preferred mode of communication. This includes oral translation, sign language interpretation, Braille, or other formats when written language is not used. During the evaluation process, districts must ensure that parents understand all documents and decisions, and must document that translation or interpretation was provided. For example, prior written notice must be translated orally or by other means, and the district must keep written evidence that the parent understood the content. These protections are outlined in the statewide Procedural Safeguards developed by the Office of Superintendent of Public Instruction (OSPI).

Appropriate Evaluation

The IDEA requires schools to use “technically sound” instruments in evaluation. Generally, that means the tests are evidence-based as valid and reliable, and the school recruits qualified personnel to administer the tests. A single assessment tool, such as an Intelligence Quotient (IQ) test, is not enough to determine eligibility for special education services. Instead, schools must conduct a comprehensive, unbiased evaluation using multiple methods to understand a student’s unique educational needs. This process involves a team approach and includes parents or guardians as active participants. The results help guide decisions about how best to support the student’s learning.

Evaluation Criteria as a 3-part Process

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

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

If the answer to all three questions is Yes, the student qualifies for an IEP.

Family Role in Evaluation

Keep in mind that a student does not need to meet all three criteria to be evaluated. Under the Child Find Mandate of IDEA, the school district must evaluate a child if there is a known or suspected disability that may have significant impact on learning. 

Families are active participants in the evaluation process. After the evaluation is reviewed, the IEP team meets to talk about how to build a program to meet the needs that were identified in the evaluation. Key findings are summarized in the Adverse Educational Impact Statement, which guides the rest of the IEP. Additional findings become part of the present levels statement, which are matched with IEP goal setting and progress monitoring.

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

From Evaluation Results to IEP

Information, or data, collected during the evaluation is essential for developing the IEP. One of the most important outcomes of the evaluation is determining whether the student needs Specially Designed Instruction (SDI), which is the “special” in special education. The evaluation determines whether SDI is needed to help a student overcome barriers and access learning in ways that work best for them.

SDI is tailored instruction that helps a student overcome barriers caused by a disability and access learning in ways that work best for them. This may include changes in content, teaching strategies, or learning environments. For example, SDI might involve breaking tasks into smaller steps, using visual supports, or providing extra time for assignments. These supports are designed to help the student make meaningful progress in school.

Understanding how SDI works can help families participate more fully in IEP development. Asking questions about SDI can lead to more effective planning and collaboration. For example:

  • What specific instruction will be provided?
  • Who will deliver it?
  • How will progress be measured?

These questions can guide meaningful conversations during IEP meetings and ensure that the IEP reflects the student’s strengths, challenges, and learning needs.

To learn more, watch PAVE’s three-part video series: Student Rights, IEP, Section 504, and More.

In What Areas Can a Student Be Evaluated?

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

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

Below is an infographic showing skill areas that are commonly evaluated:

Areas of evaluation

Download In What Areas Can a Student Be Evaluated?:
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Eligibility Categories for Special Education

Once a student’s evaluation confirms a disability that impacts learning, the next step is to determine whether the disability fits one of 14 federally recognized categories. These categories are outlined in Washington’s Administrative Code (WAC 392-172A-01035):

  • Autism
  • Emotional Disturbance
  • Multiple Disabilities
  • Specific Learning Disability
  • Visual Impairment / Blindness
  • Deaf-Blindness
  • Hearing Impairment
  • Orthopedic Impairment
  • Speech/Language Impairment
  • Developmental Delay (ages 0-8)
  • Deafness
  • Intellectual Disability
  • Other Health Impairment
  • Traumatic Brain Injury

These categories are intentionally broad to reflect the diverse ways disabilities can affect learning. The IEP team may discuss which category best fits the student’s unique situation. While a medical diagnosis can help inform the process, eligibility is determined by how the disability impacts the student’s education. This impact can be assessed with or without a formal diagnosis.

There is no such thing as a “behavior IEP” or an “academic IEP.” Once a student qualifies, the school is responsible for addressing all identified areas of need. The IEP is personalized to include programming, services, and placement designed to support the whole child.

In Washington State, children through age 9 may be eligible for services under the category of Developmental Delay. Full definitions for each category are available in WAC 392-172A-01035 and are also reproduced in this PAVE article: Washington Special Education Categories.

Timeline of Evaluation and Development of an IEP

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

Track your student’s progress from the point of referral for evaluation to the development of the IEP with the infographic below.

Timeline of Evaluation and development of an individualized education program (IEP)

Download the Timeline of Evaluation and Development of an IEP:
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Sample Letter to Request an Evaluation

Washington law requires that referrals for special education evaluation be made in writing. If a verbal request was previously denied, start again with a formal written letter sent by email, certified mail, or delivered in person.

OSPI provides a downloadable referral form on its Making a Referral for Special Education page. The person making the referral can use this form or any other written format that clearly communicates the request to evaluate.

Address the referral to the district special education director or program coordinator, and include an administrator at the student’s school. Be sure to include the student’s full name and birthdate, a clear statement requesting evaluation in all areas of suspected disability, and specific concerns. Supporting documents or letters from doctors, therapists or other providers may be attached. Include complete contact information and a statement that the parent or guardian is prepared to sign consent for the evaluation to begin.

Download the Sample Letter to Request an Evaluation:
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Options When Families and Schools Disagree

Families can ask school staff to explain their decisions in writing. If a parent or guardian disagrees with something the school decides, they have rights to informal and formal dispute resolution options that are protected by the IDEA. Schools must provide a document called procedural safeguards, which outlines these options and explains the rights of both students and families. PAVE continues this topic in an article: Evaluations Part 2: Next Steps if the School Says ‘No.’

Eligibility for Section 504 Protections

Section 504 of the Rehabilitation Act of 1973 is a federal civil rights law that helps protect students with disabilities from discrimination in schools that receive federal funding. It applies to individuals whose disabilities significantly affect major life activities—such as learning, breathing, walking, or concentrating. Because the law is broadly written, it can apply to a wide range of conditions and circumstances.

Students who receive services through an IEP also benefit from protections under Section 504, which are built into the IEP process. In some cases, students who don’t qualify for an IEP may still be eligible for support through a Section 504 Plan.

Protections against bullying and discriminatory discipline are aspects of Section 504. PAVE provides articles about Bullying at School: Resources and the Rights of Students with Special needs and What Parents Need to Know when Disability Impacts Behavior and Discipline at School.

Learn More

PAVE provides downloadable toolkits ready for you, including Where to Begin When a Student Needs Help. For the full list of toolkits, type “toolkit” in the search bar at the top of this page.

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

Get Ready for School with IEP Essentials

Posted on by Nicol Walsh

Every student deserves a strong start to the school year. For families of children with disabilities, preparing for school includes reviewing the Individualized Education Program (IEP). The IEP is a legal document and a living plan that outlines the supports and services a student needs to access their education. Families play a key role in shaping the IEP and making sure it works for their child.

A Brief Overview

  • The start of a new school year is a great time for families to revisit or begin the IEP process to support their student’s learning.
  • If a student doesn’t yet have an IEP, requesting an evaluation is the first step to determine eligibility for special education services.
  • Review the IEP before school starts to prepare questions and suggestions for the team.
  • Talk with your student about what to expect to reduce anxiety and build confidence.
  • Learn about the Individuals with Disabilities Education Act (IDEA) to understand your rights and responsibilities in the IEP process.
  • Communicate regularly with the IEP team to monitor progress and adjust plans as needed.
  • Gather documents, write questions, and invite support to prepare for IEP meetings.
  • Follow up after meetings to confirm next steps and maintain communication.
  • Take small, manageable steps to stay involved and support your student’s success.

Introduction

The beginning of a new school year is the perfect time to revisit your student’s Individualized Education Program (IEP). Whether your child already has an IEP or you’re just starting to explore the special education process, this season offers a fresh opportunity to reflect, plan, and engage.

As you and your student get ready for school, the most important thing is the “I” in IEP. The “I” is for “Individualized”. A thoughtful IEP highlights abilities and helps your student access the supports needed to learn. It helps ensure they receive the support necessary to learn, grow, and make meaningful progress—not just in school, but in life beyond graduation.

IEPs are built by teams, and families are essential members. When parents and students understand the process and actively participate, they help shape a plan that truly works.

What to do before the first day

If your student doesn’t have an IEP and you wonder whether a disability might be affecting their learning, now is a great time to explore the special education process. Understanding how evaluations work is the first step. If you’re unsure whether your child needs one, check out our article on How to Request an Evaluation, which explains how to get started.

Before the school year begins, review the IEP to prepare questions and suggestions for the team. PAVE recommends using their Steps to Read, Understand, and Develop an Initial IEP worksheet to guide this process.

After reviewing your student’s IEP or beginning the process to request one, the next step is ensuring your child is properly enrolled in school. Enrollment procedures vary by district, but they typically include submitting documentation, verifying residency, and understanding school assignment policies. For a clear overview of how and when to enroll your student, read this PAVE article: Starting School: When and How to Enroll a Student in School.

To help ease anxiety and build excitement, talk with your child about what to expect. Discuss new activities, classmates, and what will feel familiar. If your school offers an open house, plan to attend together. During your visit, take pictures and ask your child what they notice or wonder about. You can review the photos later to help them feel more prepared. PAVE’s article, Tips to Help Parents Plan for the Upcoming School Year, provides actionable strategies for easing anxiety, fostering independence, and creating a positive school experience.

What parents need to know about FAPE

At the heart of special education is the right to a Free Appropriate Public Education (FAPE), guaranteed by the Individuals with Disabilities Education Act (IDEA). FAPE means that students with disabilities are entitled to an education tailored to their individual needs—not a one-size-fits-all program. This is what makes IDEA unique: it ensures that every eligible student receives services designed specifically for them through an Individualized Education Program (IEP).

To qualify for an IEP, a student must go through an evaluation process to determine if a disability is impacting their education. If the student meets criteria under IDEA, they become eligible for special education services. These services are not about placing a student in a specific classroom—they’re about providing the right support, wherever the student learns. As you review your child’s IEP or prepare for meetings, ask: Is this plan appropriate and suitable for my child’s unique abilities and needs?

IDEA includes six important principles

The IDEA, updated several times since 1990, outlines legal rights for students with disabilities and their families. This PAVE article, Special Education Blueprint: The Six Principles of IDEA, explores the core principles, including: Free Appropriate Public Education (FAPE), Appropriate Evaluation, Individualized Education Program (IEP), Least Restrictive Environment (LRE), Parent and Student Participation, and Procedural Safeguards.

Effective communication is key to student success

Understanding legal rights is just the beginning—clear, consistent communication with the IEP team is one of the most effective ways to ensure your student’s plan leads to meaningful progress. Consider creating a communication plan with your child’s teachers or case manager. This might include weekly emails, a journal sent home in the backpack, scheduled phone calls, or progress reports. Be sure to have this plan written into the IEP or included in the Prior Written Notice (PWN) so everyone stays on the same page.

Writing down how you’d like to stay in touch helps the team understand what works best for your family. Get creative—what matters most is that the plan supports clear, consistent communication for the whole team. ​Here are a few ideas for ongoing communication with the school: ​

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

Keep a log of communication with the school district and educational service providers. PAVE provides a downloadable Communication Log to help you track emails, phone calls, and texts.

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

Understanding the laws and principles of special education can help parents get ready to dive into the details of how to participate on IEP teams. Getting organized with schoolwork, contacts, calendar details, and concerns and questions will help.

This 5-step process is downloadable as an infographic.

5 Steps for Parents to Participate in the IEP Process (English)

Download the IEP Essentials in 5 Steps in:
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1. Schedule

Parents or guardians should receive a written invitation to the meeting. The school and family agree on a date and time, and the school documents efforts to include families at all IEP team meetings. If the proposed time doesn’t work, remember that parents are required members of the team—you can request a different time that works better for you. 

Ask beforehand for the agenda and a list of who will attend. This helps ensure there’s enough time to fully address the topics being discussed. If a key team member can’t attend the meeting, you have the option to either provide written consent to excuse their absence or request to reschedule if their participation is important to you. ​For a list of suggested attendees and a downloadable form to save contact information, PAVE provides a Who’s Who on the IEP Team.​

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

2. Prepare

You can ask for a copy of the evaluation results or a draft IEP before the meeting to help you prepare. It’s a good idea to gather letters or documents from medical providers or specialists that support your concerns. Writing down a few questions ahead of time can help you remember what you want to ask. You might also make a list of your student’s strengths and talents—this helps the team build on what’s already working. If you have specific concerns, you can write a letter and ask for it to be included in the IEP. Some families invite a support person to attend the meeting, someone who can take notes, help you stay focused, and offer encouragement.

3. Learn

Knowing the technical parts of an IEP will help you understand what’s happening at the meeting. The IEP is a living program—not just a document—and it can be updated anytime to better meet your child’s needs. The IEP is a work-in-progress, and the document can be changed as many times as needed to get it right and help everyone stay on track.

Familiarize yourself with the components of an IEP: 

4. Attend

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

Be present and free of distractions so you can fully participate. Ask questions, share your perspective, and help keep the focus on your child’s needs and goals. If your child isn’t attending, placing a photo of them on the table may remind the team to keep conversations student-centered.

Everyone at the table has an equal voice, including you!

5. Follow up

After the meeting, follow through with the agreed communication plan. Make sure that everyone’s contact information is current and that you know how and when updates will be shared. If you still have concerns after the meeting, request a follow-up meeting or submit additional notes.

Stay organized with calendars, contact lists, and copies of important documents. Talk with your child about the upcoming year to ease anxiety and build excitement!

Tips for a smooth school year

As the school year begins, it’s important to think proactively about how to support your child’s learning and development. Establishing routines, setting goals, and building relationships with school staff can make a big difference.

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

Help your child’s team understand what works best for your student and share their strengths with a one-pager or a letter of introduction. PAVE provides a one-pager template, What You Need To Know About My Child, and a sample letter of introduction, Sample Letter to the IEP Team – Today Our Partnership Begins.

Let’s wrap things up!

Getting ready for school can feel like a lot, especially when your child has an IEP. But you don’t have to do everything at once. Take it one step at a time, and remember: you are not alone. This journey includes your child, and you’re walking it together. You are a vital part of your child’s team, and your voice truly matters. When families and schools work as partners, amazing things can happen. So trust yourself, speak up, and share what you know—because no one knows your child better than you. You bring love, insight, and hope to the table.

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

Learn More

IDEA: The Foundation of Special Education

Posted on by Nicol Walsh
Download this information as a 1 pager – What is the Big I.D.E.A?

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

A Brief Overview

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

Introduction

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

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

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

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

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

FAPE is an important acronym to learn!

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

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

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

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

IDEA considers the whole life of a person with a disability

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

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

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

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

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

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

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

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

Click to print the explanation of IDEA

Eligibility for school-based services

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

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

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

Additional Information

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

Special Education Blueprint: The Six Principles of IDEA 

Posted on by Nicol Walsh

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

The six principles of IDEA are: 

1. Free Appropriate Public Education (FAPE) 

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

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

2. Appropriate Evaluation 

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

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

3. Individualized Education Program (IEP) 

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

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

4. Least Restrictive Environment (LRE) 

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

5. Parent and Student Participation 

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

6. Procedural Safeguards 

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

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

Learn more about IDEA 

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

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

Additional Information: 

How to Decide on a Post-Secondary Program Worksheet

Posted on by Nicol Walsh

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

Download How to Decide on a Post-Secondary Program Worksheet

Fill in your answers to the questions.

Talk With Each Other

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

Talk Together About Your Concerns With Student Support Services

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

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

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

Do I require someone to assist with:

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

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