Approximately 150,000 students qualify for special education instruction in Washington every school year. The services these students require are as varied as the students themselves. While the majority of these students spend all or most of their day in general education classrooms, some need alternative or more specialized instruction.
Just as a student should not be defined by their disability, neither should a disability be the only consideration for what special education services a student receives. Washington provides a variety of statewide and district-level resources to help students reach their full potential.
If and when disagreements arise about a student's special education services and accommodations, families can choose several dispute-resolution options. The Lento Law Firm works with families from school districts large and small to protect students' right to an education. If your student is not receiving the special education services they require, call us at 888-535-3686 or connect with us online.
What is Special Education?
The Washington State Governor's Office of the Education Ombuds has the following quote from the Individuals with Disabilities Education Act at the top of its page:
”Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society.”
This same section continues with: “Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.”
In other words, special education is not an extra. It is a mandatory and key part of a student's education.
Special education is the umbrella term for the services, support, accommodations, and modifications that students with disabilities require as part of their education. These services can range from extra time on a test to attending a specialized school or program. Another way to view special education is that it supports students who think or learn differently.
Federal Laws About Disabilities and Special Education
The Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA) are the foundation for disability rights in the United States. While ADA has the broadest reach, IDEA is the most relevant for K-12 students, especially those in public schools.
In the United States, all children have the right to a free appropriate public education. For students with disabilities, this right includes special education.
IDEA requires that all public schools identify children within their boundaries who may have disabilities. Even if a student does not attend their local public school, a school still has an obligation to provide them with special education services.
Individualized Education Plans, or IEPs, also come from IDEA. These written documents list the services and support a student is to receive during the school year. Schools and families create IEPs during an initial meeting and review them annually.
Section 504
Section 504 has a lower bar for eligibility. Students who do not qualify for an IEP may qualify for a 504 Plan. Tacoma Public Schools includes an overview of students' rights under Section 504.
Dispute Resolution
Federal law requires that states provide families with dispute resolution options when disagreements arise over a child's special education services. When possible, families should first attempt to resolve any disagreements through more informal avenues, such as meetings with a child's teacher or other school staff. In some cases, families and schools may be able to find a solution to a problem once both sides understand the other.
If and when these more informal meetings do not provide a solution, families have the following options:
- Facilitation
- Mediation
- Community Complaint
- Due Process Hearing
Facilitation and mediation are similar in that both involve a neutral third party. This third party does not make decisions but instead helps the two sides reach a resolution. Of the four options, due process hearings are the most formal and are similar to traditional court hearings.
Which option is best for your student depends on the circumstances. The Lento Law Firm helps families determine the best dispute resolution option for their situation.
Common Terms
The Washington State PTA has a seven-page document on special education terms and acronyms. For families, one of the challenges of special education can be that it seems to have its own language. Rather than try to memorize these terms, parents and guardians should not hesitate to ask for clarification during meetings.
Three common terms are worth highlighting. These terms have meanings that may not be immediately clear.
As mentioned above, all children in the United States have the right to a free appropriate public education (FAPE). This right includes special education for students who have disabilities. FAPE is also used when questioning whether a school district is providing a student with sufficient special education services and support.
As much as possible, students with disabilities are included in the overall school community and general education classrooms. Known as least restrictive environment (LRE), this placement focuses on what is in a student's best interests.
Finally, schools must provide students with reasonable accommodations. These accommodations do not have to be the most expensive, the newest, or the most effective. Accommodations must be effective to meet this requirement. This standard also does not mandate that schools provide specific services or accommodations.
Any accommodations must not place an undue burden on the school or a member of the school community. For example, a school can deny a requested accommodation if it would place a significant financial burden on the school.
Who Qualifies for Special Education
All students who qualify for protection under IDEA also qualify for protection under Section 504. IDEA uses a more limited definition of disability, and students who do not meet IDEA's requirements may still qualify for special education services with a 504 Plan.
Under Section 504, an individual has a disability when:
- They have a physical or mental impairment and
- That impairment substantially limits at least one major life activity
University Place School District includes a FAQ on Section 504 and how students qualify for 504 Plans. While Section 504 does have a lower bar to qualify for services, students will likely still have to undergo some assessments.
IDEA, in comparison, requires that a student have:
- A qualifying disability and
- That disability adversely affects the student's education
Washington defines the following as qualifying disabilities:
- Autism
- Deafblindness
- Deafness
- Developmental delay
- Emotional/behavioral disability
- Hard of hearing
- Intellectual disability
- Multiple disabilities
- Orthopedic impairment
- Other health impairment
- Specific learning disability
- Speech or language impairment
- Traumatic brain injury
- Visual impairment, including blindness
As the Washington Education Ombuds points out, a student may have a disability under IDEA but not qualify for an IEP. If a disability doesn't adversely affect their education, students are unlikely to qualify for an IEP but may qualify for a 504 Plan.
How to Qualify
The path to qualifying for special education depends on a student's potential disability, age, and what is already known about the student's disability. The general steps are:
- Referral
- Assessment
- Eligibility
- Reassessment
Spokane Public Schools provides overviews on eligibility and evaluation. While specific to the school district, families throughout Washington may find the summaries useful.
Referral
Referral and identification can occur at any point before or during a child's K-12 years. Research shows the importance of early intervention for students with disabilities, but some disabilities may not become apparent until a student begins school. When a child is diagnosed with a disability matters less than ensuring a student has support once they do qualify for special education.
Assessment
Assessment depends on a student's disability. Pullman Public Schools publishes a guide, “Commonly Used Tests for Special Education Eligibility and Program Services.” This document breaks down assessments into the following categories:
- Development
- Academic Achievement
- Social Communication / Behavior
- Cognitive / Intelligence
- Motor
- Behavioral / Emotional / Personality
- Speech and Language
- Adaptive Skills
As the document highlights, the purpose of evaluation and assessment is to gain more information about a student's disability. Development assessments, for example, focus on younger children with significant delays.
Eligibility
If a student is eligible for services, the school district will schedule a meeting with the family. They may also have additional meetings if a student's IEP or 504 Plan is not properly supporting them.
Reassessment
IDEA requires reassessment every three years. If schools and families agree, they may waive that reassessment.
What if I Disagree with the School District's Eligibility Decision?
Parents and guardians may disagree with a school's decision through the identification and evaluation process. Schools may decide not to evaluate a student, may not provide a “sufficiently comprehensive” evaluation, or suggest services or accommodations that are not effective.
Families can challenge a school district's decision at any point in the process. That a student does not yet qualify for support under IDEA or Section 504 does not mean families do not have any options.
If meetings prove unsuccessful, parents and guardians may choose one of the state's dispute resolution options or pay for private testing. In the latter case, parents and guardians should check with the school district about what the school district will accept as far as types of assessments and related documents.
Child Find
Under IDEA, every school district must have mechanisms in place to identify toddlers and children who have potential disabilities or developmental delays. Known as Child Find in federal law, school districts may use different names for these programs but they all have the same federal requirements. Some schools will use Child Find to refer solely to identifying pre-K children. Others will use the term to cover all referrals.
Lake Washington Public School District's website includes a guide to help families determine when they should contact the district's Child Find Department. The district divides the chart into age groups as what constitutes a disability or developmental delay changes as a child grows.
Seattle Public Schools offers similar guidance on its Child Find page. The district also includes an online intake form for children between ages 3 and 5 who have potential developmental delays or disabilities.
State-Funded Schools
Washington funds two schools that are tuition-free for admitted students.
The Washington School for the Deaf, located in Vancouver, provides educational services for students from pre-K through high school. The school also provides statewide outreach programs via the Washington Center for the Deaf and Hard of Hearing Youth (CDHY). CDHY operates the School for the Deaf but is also responsible for ensuring all children who live in Washington and have hearing impairments reach their full potential.
Washington School for the Blind hosts students in Grades 6 to 12. The school also offers statewide outreach, short courses, and a summer program.
District Resources
What special education services a school district offers can depend on several factors, including the district's size and budget. As long as a district is offering reasonable accommodations, that district will likely be considered to be complying with IDEA and other federal laws.
Many districts, however, do offer similar services. Knowing what other schools offer can act as a point of comparison during IEP Meetings or in other conversations with a student's school.
Issaquah School District offers a good example of several standard services. For K-12 students, Issaquah offers:
- Assistive technology
- Early childhood transition
- Behavior support
- Support for vision, Braille, and orientation/mobility
- Speech and language therapy
- Meetings with the school psychologist
- Occupational therapy
- Physical therapy
- Hearing support
The district also provides early children programs and the Academy for Community Transition (ACT). ACT is a two-to-three year program to assist teenagers and young adults between 18 and 21 years of age transition to adult life.
Bellevue Public Schools provides several dedicated special education programs. The B.E.S.T. and Project SEARCH programs are similar to Issaquah's Act program and provide transition services. Students in the district may be referred, via their IEP team, to the C.H.A.P. Center, which provides an alternative education setting.
Mercer Island School District has an inclusive preschool program. This option has smaller class sizes and more support in addition to having peer mentors in the classroom.
Bainbridge Island School District offers integrated learning classrooms for students with moderate to severe disabilities. The purpose of these classrooms is to provide academics that have real-world applications.
Some districts may also provide better or more specialized support for certain disabilities. Even if another school district offering a program or service does not mean a student's home district has to offer that program, being able to compare and contrast programs can be beneficial when crafting a student's IEP or 504 Plan.
Special Education is a Right
When a student has a disability, special education is a mandatory part of their education. If and when schools fail to provide needed special education services, families have avenues to address the issue.
The Lento Law Firm helps families nationwide with dispute resolution options. We focus on finding resolutions that center on students' best interests. Tell us about your case by calling us at 888-535-3686 or online, and learn more about how we can help your student.
