Whether your family is newly stationed in Washington or returning after time away, we welcome you! Moving to a new state is a big change, and it can be confusing when programs and services are called different names than they were in your last location. We’re here to help you learn how Washington’s education and medical systems work, so you can find the right support for your child. 

This video shares key facts to help you get started in Washington with a child who has exceptional needs. 

The State Education Agency (SEA) is the Office of Superintendent of Public Instruction (OSPI). Local Education Agencies (LEAs) are organized as 295 Districts that operate independently and include a school board governance structure. School boards are responsible to follow the Open Public Meetings Act. There are nine Educational Service Districts (ESDs) that partner with OSPI to provide services for school districts and communities and to help OSPI implement legislatively-supported education initiatives. 

Charter schools, as public schools, have the same responsibilities as all public and non-public entities when serving students with disabilities. This includes developing and implementing Individualized Education Programs (IEPs) or Section 504 Plans for eligible students.  

Washington has adopted the Interstate Compact on Educational Opportunity for Military Children (commonly known as “MIC3”), which addresses certain school transition issues for military children consistently, from State to State. Each Member State has a MIC3 State Commissioner to oversee compliance and coordinate with other commissioners as needed. Parents of military-connected children may contact their School Liaison or MIC3 State Commissioner directly for support with Compact-related issues. PAVE has prepared a MIC3 Step-by-Step Checklist to Resolve Issues with the Interstate Compact. 

Washington’s Purple Star Award Program recognizes school districts that go above and beyond to support military families. Districts with this award provide a webpage with resources, have a trained staff member to help, and make sure teachers understand school transition rules under the Interstate Compact. Families can look for the Purple Star designation when choosing schools—it’s a sign the district is committed to welcoming military-connected students. To see which districts have the award, visit OSPI’s Purple Star page. 

Washington’s compulsory attendance law requires that children begin attending school full-time at the age of 8 and continue attending regularly until the age of 18 (RCW 28A.225.010). A child must have turned 5 years old by August 31 to enroll in kindergarten, and 6 years old to enroll in first grade. Military-connected children who are covered by the provisions of MIC3 may continue kindergarten or first grade, despite the school’s age requirement, if they were already enrolled and attending at the sending school in their previous state. This PAVE article explains how MIC3 supports children in military families with enrollment-related issues. 

Washington has multiple Pathways to Graduation and requires a High School and Beyond Plan (a career and college exploration experience that students begin in seventh grade) for all students. Under MIC3, schools must place military children in courses and programs based on placement and assessments performed by the sending school. Schools and districts may waive course requirements for placement and/or graduation of military-connected children, if a child has met the sending school’s requirements for grade advancement, placement, or graduation. Learn more about how MIC3 protects academic progress toward graduation in this PAVE article. 

Families concerned about a child’s development can call the Family Health Hotline at 1-800-322-2588, with support in multiple languages, or complete a free developmental screening online at ParentHelp123. The Department of Children, Youth and Families (DCYF) administers the state early intervention services (EIS) program, called Early Services for Infants and Toddlers (ESIT). After evaluating a child for eligibility and developing a family-focused plan, ESIT provides services to help infants and toddlers with disabilities or delays to learn and catch up in their development. Planning for the child’s transition out of ESIT by their third birthday includes coordination with the local school district to evaluate the child for school-aged services and supports. PAVE’s toolkit for family caregivers of infants and toddlers, From Birth to Three, outlines the educational rights of children and families in early intervention services. 

The Early Childhood Education and Assistance Program (ECEAP) is Washington’s no-cost prekindergarten program, aimed at preparing 3- and 4-year-old children from families facing more significant challenges for success in school and life. Families with children aged 3 or 4 by August 31st may be eligible for ECEAP. Children are eligible for ECEAP and Head Start based on their age and family income. Up to 10 percent of ECEAP and Head Start children can be from families above the income limit if they have certain developmental factors or environmental factors such as homelessness, family violence, chemical dependency, foster care, or incarcerated parents. PAVE’s 3-5 Transition Toolkit includes more information and resources to support families of children with disabilities in this age range. 

Every student with a disability is protected from discrimination under Section 504 of the Rehabilitation Act of 1973, including each student with a 504 Plan and each student with an Individualized Education Program (IEP). OSPI provides fact sheets about Section 504 in multiple languages that describe the evaluation process and state requirements. Parents may contact the Section 504/Civil Rights compliance officer assigned to their student’s school district. 

Washington Administrative Code (WAC), implements the provisions of the Individuals with Disabilities Education Act (IDEA) in WAC Chapter 392-172A. Parents’ rights and responsibilities in special education, known as procedural safeguards, are described in a short handbook available for download in multiple languages on OSPI’s website. 

A child’s right to a timely evaluation and the school district’s responsibility to seek out and serve students with disabilities, referred to as Child Find, is described on OSPI’s website. A school district has 25 school days to respond to a referral/request for special education evaluation. Once a parent/caregiver signs consent to evaluate, the district has 35 school days to complete the evaluation. A parent can request an evaluation any time there are concerns about whether services match the student’s present levels of performance and support needs. PTI provides a sample letter for requesting evaluation. 

Areas of evaluation are associated with 14 eligibility categories. Developmental Delay is a category for children ages 0-9 years old. The category of Emotional/Behavior Disability is unique to Washington – it is known as Emotional Disturbance under IDEA. Washington law requires that schools screen children in kindergarten through second grade for signs of dyslexia and to provide reading support for those who need it. 

School districts must write and implement an IEP within 30 calendar days after eligibility is determined. Decisions about the provision of special education services are made by an IEP team, which includes parents and specific required staff members (WAC 392-172A-03095). 

For a student with an IEP, there must be a transition plan in place by the beginning of the year in which they turn 16 years of age, unless the IEP deems it appropriate to begin earlier. Students “age out” of special education when they graduate from high school with a diploma or at the end of the school year in which they turn 21 years of age. If the student’s birthday is after August 31 of the current school year, they may continue special education until the end of that school year.  

In 2019, the Washington State Legislature provided students with multiple pathways to graduation by passing House Bill (HB) 1599. PAVE provides an on-demand webinar on this topic: Life After High School: A Two-Part Training to Help Families and Young People Get Ready. 

OSPI offers both informal and formal dispute resolution processes. IEP facilitation is available at no cost through Sound Options Group as a voluntary and informal process where a neutral facilitator helps parents and schools resolve special education concerns collaboratively. Washington State Governor’s Office of the Education Ombuds (OEO) acts as a neutral guide to help parents and schools resolve disagreements about special education services, without providing legal advice or advocacy. OSPI provides three formal special education dispute resolution processes: mediation, special education community complaint, and due process hearing. 

In addition to educational resources, families often need healthcare support. Washington offers options that work alongside TRICARE benefits to meet your child’s needs. 

Washington’s Medicaid, which includes the Children’s Health Insurance Program (CHiP), is called Apple Health. Applications are managed through the Health Care Authority (HCA), which oversees various Managed Care Organizations (MCOs) to provide health plan options. Open enrollment for Medicaid and Medicare starts on November 1^st, 2025 and ends on January 15^th, 2026. This is the annual opportunity to sign up, renew, or change coverage to best suit your family’s situation. Washington Health Plan Finder has step-by-step instructions for applying and navigators to help with the application process. Help is available for those who are having trouble navigating the health insurance landscape.  

Eligible dependents of military families can benefit from both TRICARE and Medicaid. When a military family member is dually enrolled in TRICARE and Medicaid, TRICARE is the primary payee and Medicaid covers remaining costs. When a service member leaves the military and TRICARE benefits change, Medicaid can provide services similar to those of TRICARE Extended Care Health Option (ECHO).  

TRICARE allows beneficiaries to make changes to their health coverage when a Qualifying Life Event (QLE) occurs, such as a move to a new city, region, or zip code. When a QLE happens, you generally have 90 days from the date of the move to update your enrollment. 

In addition to QLEs, TRICARE offers an annual open season for making changes to health coverage. Open season starts on the second Monday in November and ends on the second Monday in December each year. Any changes made during this period take effect January 1 of the following year. During open season, families can: 

• Stay in their current plan – no action required. 

• Enroll in a new plan. 

• Switch between plans. 

• Change enrollment type from individual to family coverage, or vice versa. 

PAVE provides more information about TRICARE’s basic plans, ECHO, and the Autism Care Demonstration in the TRICARE’s Big Three on-demand module. For this and more personalized learning at your own pace, check out our PAVE Learning Library.  

PAVE offers downloadable toolkits filled with fact sheets, worksheets, sample letters, and practical tips to guide you through every stage of your child’s education and care. These resources are designed to make complex systems easier to understand and navigate. 

Celebrate your military child all year long with social stories, activities, and tools that help families stay connected and ease transitions. The PAVE article, Purple Up! Celebrating the Month of the Military Child, includes free downloads in the top five languages spoken in military households. 

Want to know what makes a military family “exceptional”? Explore PAVE’s two-part series on the Exceptional Family Member Program (EFMP) to learn how enrollment works and what supports are available to help your family thrive. 

STOMP (Specialized Training of Military Parents) workshops and webinars offer military families the opportunity to access valuable information and resources while fostering connections and knowledge-sharing to create a collaborative environment that strengthens partnerships between families and professionals. STOMP events are free to military-connected families from all branches of services, including all service statuses and all installations worldwide. 

Need personalized help? Military families can access one-on-one support, training, information, and resources through PAVE’s Get Support request form — wherever the military takes you! 

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. 

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.

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).

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.

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.

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.

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.

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:

Download In What Areas Can a Student Be Evaluated?:
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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.

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.

Download the Timeline of Evaluation and Development of an IEP:
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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:
English | Chinese (Simplified) 中文 (Zhōngwén) | Korean 한국어 (Hangugeo) | Russian Русский (Russkiy) | Somali Soomaali | Spanish Español | Tagalog | Ukrainian українська | Vietnamese Tiếng Việt

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.’

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

• PAVE – Evaluations Part 1: Where to Start When a Student Needs Special Help at School: Understand the initial steps in the evaluation process, including eligibility criteria and how to prepare for an IEP.
• PAVE – Where to Begin When A Student Needs Help: A comprehensive toolkit offering sample letters, timelines, and guidance for families just starting the special education journey.
• OSPI – How Special Education Works: A 10-step guide to understanding the special education process from referral to transition planning.

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.

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.

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

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

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

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

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.

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.

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.

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. 

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.

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.

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.

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.

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.

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.”

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.

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. 

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.

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.

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.”

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.”

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).

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

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.

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.

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 .

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

View this infographic in PDF form