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:
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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.

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

When a student’s behavior gets in the way of their learning and/or the learning of others, the school is responsible to figure out how to support behavioral expectations. One way to do that is to assess why the student might be acting out and use that information to consider how positive behavioral interventions might teach the student what to do instead.

A Functional Behavioral Assessment (FBA) is one way schools gather information to understand why a student may be struggling with behavior. The data collected through an FBA helps the team develop a Behavior Intervention Plan (BIP), which outlines strategies and supports tailored to the student’s needs. Families can request an FBA in writing, and this article includes a sample letter to help start that process.

When behavior patterns begin to interfere with learning, it’s best for schools to respond early—before disciplinary action is considered. A proactive approach allows the team to identify what the student needs and how to support them in the classroom. This may include reviewing current services, adding supports, or conducting an FBA to guide the development of a BIP. Families can participate in this process. PAVE provides a video training called Behavior and School: How to Participate in the FBA/BIP Process that offers helpful guidance for understanding each step. Early intervention can prevent unnecessary discipline, as explained in PAVE’s article, What Parents Need to Know when Disability Impacts Behavior and Discipline at School.

A teacher or school administrator might alert parents and request consent to begin an FBA. The Office of Superintendent of Public Instruction (OSPI) is the state agency for Washington schools. OSPI provides guidance about discipline in a Technical Assistance Paper (TAP #2). Included are best practices for schools to follow when there are persistent behavioral concerns:

• Develop behavioral goals in the Individualized Education Program (IEP)
• Provide related services needed to achieve those behavioral IEP goals (specific therapies or counseling, for example)
• Provide classroom accommodations, modifications and/or supplementary aids and supports (a 1:1 paraeducator, for example)
• Provide support to the student’s teachers and service providers (staff training)
• Conduct a reevaluation that includes a Functional Behavioral Assessment (FBA)
• Develop a Behavioral Intervention Plan (BIP), as defined in the Washington Administrative Code (WAC 392-172A-01031) 

If an FBA process begins after a student has been excluded from school through a disciplinary removal (suspension, expulsion, or emergency expulsion), families can review their procedural safeguards to understand rules related to a special education process called Manifestation Determination.

Here are the basics: When a behavior “manifests” (is directly caused by) a disability condition, then there is recognition that the student has limited fault for violating the student code of conduct. Management of behavior is part of the special education process. A Manifestation Determination meeting is to talk about how a student’s services can better serve their needs to prevent future behavioral episodes that are getting in the way of education.

Students with Individualized Education Programs (IEPs) may not be excluded from their regular educational placement, due to discipline, for more than 10 days in a school year without the school and family holding a Manifestation Determination meeting. According to the Washington Administrative Code (WAC 392-172A-05146), the student’s behavior is considered a manifestation of disability if the conduct was:

• Caused by, or had a direct and substantial relationship to, the student’s disability
• The direct result of the school district’s failure to implement student’s IEP

When these criteria are met, the school is responsible to review and amend the student’s services to ensure that the behaviors are addressed to prevent future escalations. If there isn’t a BIP, the school is required to develop one by initiating an FBA. If there is a BIP, the school is required to review and amend it to better serve the student’s needs.

Family caregivers can request an FBA/BIP process any time there are concerns that a student’s behavior is a barrier to their education. Families have the right to participate in all educational decision making for their students.

Make any request for an evaluation in writing. This is important because:

1. There will be no confusion about how/when/why request was made.
2. The letter provides critical initial information about what is going on with the student.
3. The letter supports a written record of family/school interactions.

If the family wishes, they can attach information from outside providers with their request. For example, if an outside therapist or counselor has recommendations for behavioral interventions at school, the family has the option to share those. The school district is responsible to review all documents and respond with written rationale about how the information is incorporated into recommendations. Families may choose to disclose all, a portion, or none of a student’s medical information. Schools may not require disclosure of medical records.

Family caregivers/guardians must sign consent for any school evaluation to begin.

According to OSPI, serving a student through a Behavior Intervention Plan (BIP) is a priority. OSPI discourages schools from reducing the student’s schedule because of behaviors:

“District authorities should not use a shortened school day as an automatic response to students with challenging behaviors at school or use a shortened day as a form of punishment or as a substitute for a BIP. An IEP team should consider developing an IEP that includes a BIP describing the use of positive behavioral interventions, supports, and strategies reasonably calculated to address the student’s behavioral needs and enable the student to participate in the full school day.”

A shortened school day should not be used to manage behavior when other supports have not been tried. OSPI’s Tips from the Special Education Division: Shortened School Days explains that an IEP team is encouraged to review current services, add supports, or conduct an FBA to better understand the behavior and determine appropriate next steps. The team can then use that information to update or create a BIP that includes strategies to help the student succeed.

Any change to a student’s schedule must be based on their individual needs. Decisions should reflect what the student requires to access their education—not general policies or broader operational considerations. If a student is sent home early without proper documentation or team discussion, that may count as a classroom exclusion or suspension. These actions can trigger protections under IDEA and must follow the correct process.

If the team decides a shortened day is needed, the IEP must explain why and include a plan to help the student return to a full day. The team should look at all options before making this decision and keep records of what was discussed and agreed upon. A shortened day should be temporary, based on data, and reviewed regularly to make sure the student is making progress.

Please note that a request for behavioral support is NOT a recommendation to remove a student from the regular classroom and move them into an exclusive learning environment. Federal and state laws require that students eligible for special education services receive their education in the Least Restrictive Environment (LRE) to the maximum extent appropriate.

As further explained in PAVE’s article, Special Education is a Service, Not a Place, special education refers to the supports a student receives, while LRE refers to placement.

General education classrooms and spaces are the least restrictive. A child may be placed in a more restrictive setting if an IEP team, which includes family participants, determines that FAPE is not accessible even with specially designed instruction, accommodations, modifications, ancillary aids, behavioral interventions and supports, and other documented attempts to support a Free Appropriate Public Education (FAPE) within the general education environment.

If the student was removed from their previous placement prior to a manifestation determination meeting, the school district is responsible to return the student to their placement unless the parent and school district agree to a different placement as part of the modification of the student’s services on their IEP and BIP.

Below is a sample letter family caregivers can use when requesting a Functional Behavioral Assessment (FBA). You can cut and paste the text into your choice of word processing program to help you start a letter that you can print and mail or attach to an email. Or you can build your letter directly into an email format. Be sure to keep a record of all requests and correspondence with the school. If sending through email, the format can be adjusted to exclude street addresses.

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

You can email this letter or send it by certified mail (keep your receipt), or hand carry it to the district office and get a date/time receipt. Remember to keep a copy of this letter and all school-related correspondence for your records. Get organized with a binder or a filing system that will help you keep track of all letters, meetings, conversations, etc. These documents will be important for you and your child for many years to come, including when your child transitions out of school.

Navigating behavioral challenges in school can feel overwhelming, but families are not alone. Understanding the FBA and BIP process empowers caregivers to advocate for meaningful support that addresses the root causes of a student’s behavior. When families participate actively and make requests in writing, they help ensure that schools respond with thoughtful, individualized strategies that promote learning and inclusion.

Behavior is a form of communication. By working collaboratively with educators and service providers, families can help shape a learning environment that recognizes each student’s unique needs and strengths. With the right supports in place, students can thrive academically, socially, and emotionally—building confidence and resilience for lifelong success.

• Behavior and School: How to Participate in the FBA/BIP Process: A video training to help families understand and engage in the FBA/BIP process.
• Lives in the Balance – Parents & Families: Introduces the Collaborative & Proactive Solutions (CPS) model and offers tools to help caregivers understand and respond to challenging behaviors through empathy and problem-solving.
• Office of the Education Ombuds (OEO) – FBAs & BIPs: Provides general information about how FBAs and BIPs are used in Washington schools, including what families can expect from the process and how to request support.
• OSPI – Behavior and Discipline: Explains the rights of students with disabilities during disciplinary actions and outlines the FBA/BIP process, including manifestation determination procedures.
• Parent Participation in Special Education Process is a Priority Under Federal Law: Highlights the importance of family involvement in all aspects of special education decision-making.
• What Parents Need to Know when Disability Impacts Behavior and Discipline at School: Explains how disability-related behaviors are managed within the school discipline system.

 Use this link for listings on the Washington State Department of Children, Youth, and Families (DCYF): findchildcarewa.org 

Washington State partners with Child Care Aware of Washington Family Center. The phone number for individual assistance with your childcare search is 1-800-446-1114 

How can I find out if a childcare center, program, or family home childcare is safe? 

By law, Washington State licenses certain childcare settings. Licensing sets standards that childcare programs and providers must meet. State inspections help ensure that licensed programs and providers meet the standards, which cover a wide range of topics, from the safety and cleanliness of the physical setting through number of staff per child, staff training, and age-and-ability appropriateness of activities and education. 
Links to Washington’s licensing rules are on DCYF’s page on Becoming a Licensed Child Care and Early Learning Provider. 

• Family home early learning programs: 
  An early learning program licensed by the department where a family home licensee provides childcare or education services for 12 or fewer children in the family living quarters where the licensee lives. 
• Childcare center early learning programs: 
  A facility providing regularly scheduled care for a group of children aged from birth through 12-years-old for periods of less than 24 hours a day. 
• School-age programs (might provide before and after-school childcare and school vacation care): 
  A facility providing regularly scheduled care for a group of children 5 through 12-years-old for periods less than 24 hours a day, when children are not attending school. 
• Outdoor Nature-Based program: 
  An early learning program that offers regularly scheduled care for preschool-age children, school-age children, or mixed-age children for periods less than 24 hours a day, when children are not attending school. 

• A nanny or babysitter in your family’s home 
• Informal parent cooperatives (example: “babysitting exchange”) 
• Play groups 
• Educational preschools that operate less than four hours a day 
• Parks and Recreation programs run by cities and towns 
• Family members, friends, and neighbors who provide occasional care (If friends or neighbors are providing childcare for multiple children on a regular basis, they are required to have a state license.) 

Programs operated by cities and towns may have standards set by the local government. Contact your local Parks and Recreation Departments to find out what standards their facilities need to meet, how staff are chosen and background checked, and any other questions you have about whether a program will be safe and appropriate for your child. 

Programs that operate on federal or state funding must meet Washington State licensing requirements, such as Head Start and Early Childhood Education and Assistance Program 
(ECEAP). 

More on Head Start and ECEAP under “How to pay for childcare.” 

• Checking in-person to see if a license is posted  
• Use “Child Care Check: an online search tool to get information about individual child care providers and early learning programs in Washington” 

This search tool lets you search for licensing history (has the home or center ever lost its license?), state monitoring reports (did the inspectors find anything to worry about?) status of staff background checks (are they being done?) and more. The tool finds information in Washington State’s database of all licensed childcare facilities and home childcare providers. 

Here is a downloadable, printable checklist of questions to ask when you visit a childcare setting. It’s from ChildCare Aware of Washington: Child Care Quality Checklist 

Questions to ask a provider when enrolling a child with disabilities into a childcare program. It’s important for parents to ask questions to ensure the provider can meet their child’s unique needs.  

• What experience do you have caring for children with disabilities? 
• Do you have staff trained in special education or disability support? 
• What is your adult-to-child ratio, and how flexible is it for children needing more support? 
• Are staff trained in administering medications or managing medical devices (e.g., feeding tubes, EpiPens, inhalers)? 
• How do you support children with behavioral challenges? 
• What is your approach to discipline, and how is it adapted for children with developmental or emotional disabilities? 
• Can you create or follow an Individualized Care Plan or IEP? 
• Are you willing to make reasonable modifications to activities, routines, or environments? 
• Do you allow assistive technology or support items (e.g., communication devices, wheelchairs, noise-canceling headphones)? 

There are three laws that may apply to childcare settings: 

• Americans with Disabilities Act (ADA)  
• Individuals with Disabilities Education Act (IDEA), Part C (Birth to Age 3) and Part B (Age 3 through high school graduation) 
• Section 504 of the Rehabilitation Act of 1972, usually referred to as “Section 504” or “504” 

Title III of the Americans with Disabilities Act (ADA) applies to: 

• Federal, state, and local government-agency programs. Examples of this are Head Start, ECEAP (preschools operated by local school districts), summer programs, and extended day school programs. 
• Privately run childcare centers such as those licensed by Washington State. “Even small, home-based centers are covered by title III of ADA”  
• Private childcare centers that operate on the property of a religious organization, leasing or renting space on that property. 

ADA does NOT apply to childcare centers that are RUN by religious organizations, such as a church, temple, mosque, or synagogue. 

ADA requires childcare providers to give both children and parents with disabilities an equal opportunity to participate in the provider’s programs and services. 

• Centers cannot exclude children with disabilities from their programs unless their presence poses a direct threat to the health or safety of others or requires a fundamental alteration of the program. 
• Centers must make reasonable modifications to their policies and practices to integrate children, parents, and guardians with disabilities into their programs unless doing so would constitute a fundamental alteration. 
• Centers must provide appropriate auxiliary aids and services needed for effective communication with children or adults with disabilities, when doing so would not constitute an undue burden. 
• Centers must generally make their facilities accessible to persons with disabilities. Existing facilities are subject to the readily achievable standard for barrier removal, while newly constructed facilities and any altered portions of existing facilities must be fully accessible. 

This website has many examples of situations to help parents and childcare providers understand what the law requires: Commonly Asked Questions about Child Care Centers and the Americans with Disabilities Act. 

Children aged birth to 3 who have a disability or are at risk for certain disabilities may be eligible for services under IDEA. For children who qualify, Part C of IDEA authorizes services to support and promote a child’s development “in their natural environment.” This usually means the family home and often, the child’s childcare setting.  
 
Parents can request their child be evaluated (tested) to see if they are reaching expected developmental stages. If evaluators find that a child needs support, a Family Resource Coordinator (FRC) will help the family create an Individualized Family Services Plan (IFSP). Family members have important roles in that plan, and professional staff provide services and help the family to use natural learning opportunities like playtime, meals, or baths to create opportunities for a child to practice and develop delayed skills. 

Services in an IFSP may include, but are not limited to:  

• Specialized instruction 
• Speech therapy 
• Occupational therapy 
• Physical therapy 

If childcare is a part of your child’s regular schedule, services may be able to be provided in the childcare setting, such as a scheduled time for a speech therapist to work with your child during childcare hours, and for childcare staff to include your family’s daily “practice time” to help your child meet their development goals. 

 If you are just beginning to look for childcare, your FRC may be a good resource to advise you on things to look for and questions to ask to find a childcare setting that can support your family’s IFSP. 

You can check out these resources for much more information on Birth-to-3 programs: 
 
Disability Rights for Littles: Key Information for Families of Babies, Preschoolers, and Primary-School Children (videos) -all the basics you need to know 

PAVE: From Birth to Three Toolkit Basics and beyond! Read online or download, includes FAQ sheet and “cheat sheets”, summaries of important information at-a-glance.  

WA State Department of Children, Youth and Families (DCYF) Early Intervention Services page: Includes contact information and links to apply for an evaluation for ESIT services to find out if your child qualifies. 

IDEA Part B applies to preschool and school-age children, and exists to ensure schools, preschools, and kindergartens provide eligible children with disabilities a Free, Appropriate Public Education (FAPE). When disabilities affect how a child is doing in preschool or school, IDEA Part B states that schools and preschools are required to evaluate the child to see if they qualify for special education and related services and supports. This article from PAVE has important background on this law: IDEA: The Foundation of Special Education. 

If a child is eligible for special education, a team is brought together that includes parents, and an Individualized Education Program (IEP) is created for the child, listing the goals, education, and other supports the school or preschool will provide to meet the child’s learning needs. 

For childcare settings, IDEA Part B will apply for these types of childcare settings: 

• Head Start programs 
• Early Childhood Education and Assistance Program 
  (ECEAP)  
• Transitional Kindergarten 

This PAVE resource explains the differences in services between Part B and Part C of IDEA. 

Often called “Section 504” for short, this federal law administered by the Office of Civil Rights prohibits discrimination based on disability. To be protected under Section 504, a child must have a physical or mental impairment that substantially limits one or more major life activities, have a record of such an impairment, or be regarded as having such an impairment. 

Section 504 applies to individuals 3-22 years of age. The law requires childcare centers, camps, and any other recreational programs that receive federal funding to provide preschool children with disabilities equal access to the program, with reasonable accommodations and modifications. 

It also includes programs like Head Start, summer programs, and extended school day programs.  

Requirements for childcare centers: 

• Non-discrimination: Childcare centers cannot refuse to admit a child with a disability.  
• Reasonable Accommodations: They must provide reasonable accommodations to enable children with disabilities to participate in the program.  
• Individualized Assessments: Childcare providers must make an individualized assessment of a child’s needs.  
• Modifications to Policies and Practices: They must make reasonable modifications to their policies and practices.  
• Accessible Facilities: Childcare centers must ensure that physical spaces are accessible.  

Federal Tax Credit: The child and dependent care credit is a tax credit that may help you pay for the care of eligible children or dependents. This credit is based on your income and the cost of caring for your children or eligible dependents to work, look for work, or attend school.  

Seattle has a Child Care Assistance Program. 

Washington State offers a program through the Department of Children, Youth, and Families (DCYF): 

Working Connections Child Care (WWCC) helps working families pay for childcare. If a family qualifies and chooses an eligible provider, Washington State will pay part of childcare costs. Parents are responsible for any copayment of childcare fees not covered by the state, and those are payable to the provider every month. 

• The child or children must live in Washington State 
• The family with whom the child lives must live in Washington State 
• The family’s income must be at or below 60% of the State Median Income 
• The family must have less than $1 million in resources 
• Parent or parents must be participating in an approved activity, such as self-employment, employment, or being in high school or post-secondary education or taking part in the WorkFirst or BFET program. 
• Families experiencing homelessness are eligible. 
• If a parent or parents are seasonal agricultural (farm) workers, and live in certain counties, they may be eligible for the Working Connections program. 

An additional up-to-date online resource is MomsRising.org. This site has brief, helpful information about the Working Families Child Care Program, especially when your child or children have a disability. It goes over issues such as: 

• How families and family size are defined for this program 
• Children with physical, intellectual and/or developmental disabilities 
• Children and families experiencing homelessness 
• Families where the parent or parents are high school or college students 
• What types of childcare are available 
• Getting financial assistance when a family member, friend, or neighbor can take care of your child or children 
• You can check details of your eligibility, including income requirements, on DCYF’s Working Connections Child Care website page.  
• Apply by calling the Child Care Subsidy Contact Center 1-844-26-8687 or online at Washington Connection.  
• Get help applying for this program and help finding childcare that meets your family’s needs through ChildCare Aware of WA. 

Head Start programs are federally funded and Early Childhood Education and Assistance Program (ECEAP) is a Washington State-funded program for children aged three and four, and in some locations, infants and toddlers younger than age three. Head Start offers services to pregnant women in some locations.  

Your local school district will have an ECEAP program available. 

Children are eligible for these programs based on their age and family incomes, with some children able to attend these free programs if they have multiple support needs. Visit the ECEAP & Head Start programs page on the DCYF website for more detail and contact information in English and Spanish. 

Financial help for childcare by family, friends, or neighbors: 

In Washington, this category is called Family, Friend and Neighbor Care. These settings are not required to have a license and are very common arrangements.  
Informal care for children in your home or the family’s home may involve some expenses, and Washington State recognizes this with financial assistance (subsidies). Visit the Family, Friend and Neighbor Care page on DCYF’s website for contact information to apply for subsidies.