Introduction

Updated June 2024

Is your student having a difficult time in school? If your student has a disability, or you suspect they have special learning needs, there is help available. All children and youth between the ages of 3 and 22 who have an impairment interfering with their ability to learn can be eligible for and services to help them achieve a meaningful education.

3 Quick Tips

• A problem that interferes with a student's ability to learn may be considered a disability under the law.
• Every student with a disability affecting their learning has a right to instruction that is specially designed to meet their needs, in a school environment as close to a general education classroom as possible.
• Students cannot be punished for behavior as a result of their disabilities.

When it comes to discipline, students with disabilities who are eligible for special education services are also entitled to unique protections that are more extensive than the protections applied to general education students. While students with disabilities do have all of the same rights as other students (see the Office of the Education Ombuds' webpage on Discipline, Suspensions, and Expulsions for more information) they also have additional, extensive rights protecting them in discipline situations. The law recognizes many students have disabilities that cause or at least are related to problem behavior. The law seeks to ensure that students with disabilities are not excluded from school, and their disabilities and any resulting behavior are handled in appropriate manners. To provide these protections, there are very specific limitations on how a student with a disability can be disciplined.

Why do schools have to provide services for students with disabilities?

There are federal and state laws protecting the educational rights of students with disabilities.

There are two primary laws that protect students with disabilities. The two laws are commonly referred to as “Section 504” and the “IDEA.” In 1973, the U.S. Congress passed Section 504 of the Rehabilitation Act, which made it illegal to discriminate against people with disabilities in programs receiving federal funds, such as public schools. Two years later, Congress passed the Education for all Handicapped Children Act. The federal law is reenacted every three years. It was most recently changed in 2004 and is now called IDEA or IDEIA (the Individuals with Disabilities Education Improvement Act). On this webpage, we refer to the law as IDEA.

In addition, in 1991, Congress passed the Americans with Disabilities Act, commonly referred to as the ADA. Title II of the ADA defines disability in the same manner as Section 504. When the ADA and Section 504 both apply, Section 504 is usually used because it has regulations that are more specific for schools.

Section 504 and IDEA were enacted to ensure that students with disabilities would be provided with meaningful educational experiences.

What is a Disability?

 “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.”

--Individuals with Disabilities Education Act, 20 U.S.C. §1400(c). 

 

There are many different ways that people, and our laws, define “disability.”

There are also many different cultural perspectives on disability, and our understanding of disability has changed over time. Check out the One Out of Five: Disability History and Pride Project materials to learn more disability history and the development of positive disability identity.

For students in public schools, two federal laws – the Individuals with Disabilities Education Act, or “IDEA” and Section 504 of the Rehabilitation Act, or “Section 504” – give rights and protections to students with disabilities. Each of those laws includes a different definition for a child with a disability.

 

IDEA Definition of Disability

The IDEA gives eligible students the right to have an IEP (Individualized Education Program). It defines a “child with a disability,” as a child who has been evaluated, and found to:

• Have a disability as defined in one of 14 specific categories, and
• Because of the disability and an adverse educational impact,
• needs special education and related services.

In Washington state, the categories of disabilities and the specific definition for each one, are listed in our state regulations, the Washington Administrative Code, at WAC 392-172A-01035

They include:

• 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

Each of these categories has a specific definition in the special education rules. If you are wondering if a child might have a disability that would fit within one of these categories it is a good idea to read the specific definitions or ask someone to review them with you. The definitions are available online at WAC 392-172A-01035, at https://apps.leg.wa.gov/WAC/default.aspx?cite=392-172A&full=true#392-172A-01035.

If a child has one of the disabilities defined in the IDEA but only needs a “related service” or “accommodations” and not “special education” then the student will not be eligible for an IEP but may need a Section 504 plan.

 

Section 504 Definition of Disability

Section 504 prohibits school districts from discriminating against people with disabilities. It requires districts to provide the special education, accommodations, services or supports a student needs to equally access an education. It defines a student with a disability as a student with:

• A physical or mental impairment that
• Substantially limits
• One or more major life activities.

You can find more information about Section 504 in a set of FAQs posted on the U.S. Department of Education’s Office for Civil Rights (OCR) website, here: https://www.ed.gov/laws-and-policy/civil-rights-laws/disability-discrimination/frequently-asked-questions-disability-discrimination.

OCR also has information available online that addresses “The Civil Rights of Students with Hidden Disabilities Under Section 504 of the Rehabilitation Act of 1973.” https://www2.ed.gov/about/offices/list/ocr/docs/hq5269.html.  It outlines various conditions that may not be readily apparent to others but may still impact a student at school.

 

What is the relationship between IDEA and Section 504?

Under both laws, school districts are required to provide disabled students with a Free Appropriate Public Education, referred to as FAPE.  This means that districts must provide a range of services to meet the individual needs of students who have trouble succeeding in school because of a disability.

Section 504 provides services for a broader group of students than IDEA because it has a broader definition of “disability.”  So, if a student meets the eligibility requirements for IDEA and qualifies for an IEP, the student is also protected by Section 504. But, there are many students that are protected by Section 504, and have a Section 504 plan, but don’t need special education and are not eligible for an IEP under the IDEA. 

One way to think about the relationship of the two laws is to think of all students: first, some of those students have disabilities (Section 504); some smaller number of those students have a disability and need special education (IDEA).

Above is a picture with a large circle representing all students. The medium-size circle inside the big circle represents the students who have disabilities and qualify for Section 504 services.  Of that group, a smaller group is also qualified for services under IDEA. The key thing to remember about this graph is that students in the smaller circles are also part of the big group: all students. They all have the same rights as all students, plus protections against discrimination for having a disability, including access to the services they need to participate in school.

Students who are protected by Section 504 and qualify for an IEP will generally have only an IEP. Everything that would be in a 504 plan should be included in the IEP, often on the accommodations page or in a list of related or supplementary services or supports.

 

Every child who is eligible for an IEP is also protected by Section 504. Why does that matter?

Section 504 prohibits discrimination against students on the basis of disability. Discrimination can happen when a program excludes otherwise qualified students because they have a disability, or when a student is harassed because of his or her disability and a district does not take reasonable steps to respond to the harassment.

If you believe a district has discriminated against a person because of disability, find more information about options for formal complaints on our Discrimination page.

The Role of Parents under IDEA and Strategies for Non-Parents

Many rights under IDEA and Washington State special education law can be asserted only by the parents of students with disabilities. A wide variety of caregivers fit into the definition of parent under IDEA and the state special education law. Because this publication focuses on IDEA and state special education law rights, this webpage talks about the definition of parent and how advocates, like relatives, family friends, and community members, who do not meet the definition can gain legal authority to act in the place of or for a parent.

Below are some ways that you can obtain the authority to enforce a student’s special education rights when a parent or guardian is not available.

1. Obtain a Power of Attorney from the student’s parents.

A Power of Attorney is a legal document allowing a person to give authority for someone else to act on their behalf. A student’s parent or legal guardian could use a Power of Attorney to give someone else (such as a caregiver, relative, or foster parent) the authority to act as though they are the parent. A Power of Attorney form can be downloaded through the internet. For more complicated Power of Attorney situations, it is best to consult a lawyer.

2. Get appointed as a surrogate parent.

In certain situations, such as when the parents are not known, the district can’t locate the parents after reasonable efforts, or the student is a ward of the state or an unaccompanied homeless youth, school districts must appoint someone to make educational decisions for a student with a disability. This person is called a “surrogate parent.” Talk to the school district staff to find out the district’s process for appointing a surrogate parent.

3. Request educational decision-making authority through the dependency, CHINS, or other family court process.

If a judge has authority to make decisions about a child’s care, they can order that someone other than the parent should have the power to make educational decisions. If there is a lawyer for the child, talk to him or her about asking the judge to appoint you to make educational decisions.

Special Education: Starting with an Evaluation

• How does a district locate students who need special education services?
• How can my child be evaluated for special education?
• Can I make a request for a special education evaluation for my child?
• How do I make a referral for an evaluation?
• What happens after the district receives a referral for special education evaluation?
• What consent does the district need to do the evaluation?
• What happens once the district gets consent to do the evaluation?
• Washington State Timelines for Evaluation
• What happens if my child moves during the evaluation process?
• What is the scope of the special education evaluation?
• What areas may be evaluated and what kinds of tests will be used?
• Who will do the testing?
• What other ways can the district gather information about my child's eligibility and need for special education?
• What if I disagree with the scope or results of the evaluation?
• What happens if I request an “independent educational evaluation at public expense?”

How does a district locate students who need special education services?

Under IDEA and state special education law, districts have an affirmative duty to identify all students residing in the district who might need special education services. This duty is called “Child Find.” Districts are required to have policies and procedures in place to ensure that students with disabilities are identified, located, and evaluated.

How can my child be evaluated for special education?

Your student needs to be referred to the school district for a special education evaluation. To conduct a special education evaluation, the district must decide whether to evaluate a student, and then get permission or consent from the student's parent to perform the evaluation. School districts must evaluate a student in every area related to their suspected disability. The evaluation must be done at no cost to the student or family. There are three basic steps to make an evaluation happen:

Step 1 Someone makes a request that the student be evaluated.

Step 2 The district decides that an evaluation is necessary.

Step 3 Consent to evaluate is given to the district.

Can I make a request for a special education evaluation for my child?

Under Washington law, the following people or entities can refer a student for evaluation:

• Anyone who meets the definition of a parent
• School district staff
• School staff
• Another public agency
• Other persons knowledgeable about the child.

How do I make a referral for an evaluation?

1. Do it in writing. A referral must be in writing, unless the person making the referral is unable to write. It can be handwritten and simple. Make sure to date it and keep a copy for your records.

2. Don't worry about the referral letter being perfect. Do worry about getting it done as soon as possible. Nothing will happen until a referral is made, and the date that the district receives the referral triggers the timelines within which the district must act.

3. Request that the school evaluate for both IDEA and Section 504 eligibility. If the student is not eligible for special education under IDEA, he or she may be eligible to receive services under Section 504.

4. Be specific about what kinds of problems you think your student has. Districts are required to test in all areas related to a student's suspected disability, so make sure you describe all of the barriers to accessing the educational setting. For example, if you think your child has difficulty reading and has emotional problems which need to be addressed, ask that both areas be evaluated.

5. Use examples. Include your own observations to describe why you think your student may have a disability. If you have documents indicating that your child may have an impairment, such as letters from doctors or mental health providers, provide them.

6. Send the referral to someone in the school or district who you think has authority and will act quickly. Although the law does not specify a particular person or office to whom a referral should be sent, it is a good idea to send it to someone you think will act on it. For example, you might choose to send your referral letter to the school principal or the district's special education director. Keep a log of the date and who you sent the referral letter to.

What happens after the district receives a referral for special education evaluation?

The district has 25 school days to decide whether to evaluate a student. (There are no evaluation timelines in Section 504. If the district doesn't have a 504 evaluation policy, use IDEA timelines as a guide.) In making its decision to evaluate, the district must review any existing educational and medical records in the school files or provided by a parent or caretaker. Once the district has made a decision about whether to evaluate the student, the district must send the parent or guardian a written notification of the decision. If the district decides not to evaluate, you can challenge the decision. See Section VII of this publication for a description of the various ways to resolve disputes with the district.

What consent does the district need to do the evaluation?

Before the district can evaluate a child for the first time, it must ask for permission from a parent. If the parent refuses, the district may request a hearing to override the parent's refusal.

What happens once the district gets consent to do the evaluation?

The school district has 35 school days to evaluate the student. Washington law states that once the district has permission to evaluate for special education eligibility, it has 35 school days to:

• Fully evaluate the student
• Decide whether the student has a disability
• Determine if he or she needs special education services.

The district and the parent can also agree to another timeframe, as long as the district documents the parent's agreement. For example, a parent may wish to agree to extend the timeline to wait for the results of an independent educational evaluation. The 35 school day timeline is waived if the parent repeatedly refuses to bring the child to the evaluation or if the child moves between districts during the assessment, as long as the new district is making sufficient progress to ensure the evaluation is completed promptly and the parent and new district agree on a timeline to complete the evaluation.

Washington State Timelines for Evaluation

What happens if my child moves during the evaluation process?

If a student moves to a different school district in the same academic year, the student's prior and new school must coordinate as quickly as possible to ensure the special education evaluations are completed promptly. Washington State law requires the new district to begin obtaining student records when the student is enrolled and that the student's prior school district provide vital information within 2 school days and school records as soon as possible.

What is the scope of the special education evaluation?

The district must evaluate a child in all areas in which a disability is suspected. The special education evaluation has two purposes: 1) to determine eligibility for services, and 2) to identify the needs and strengths of the student to ensure an individualized education program can be developed. The fact that the district must evaluate in ALL areas of suspected disability is a crucial, important point. Sometimes a student will experience barriers in the school environment in more than one area. A district might stop the evaluation once a student is found eligible for special education in one area. If the evaluation has dealt with only one area, there might not be enough information about all of the student's needs when it comes time to develop the individualized education program. In order to get the most appropriate education plan for your child, pay careful attention to the district's evaluation efforts to make sure they are comprehensive. Remind the district of its obligation to evaluate in all areas.

What areas may be evaluated and what kinds of tests will be used?

The district may evaluate a child in the following areas:

• Health (physical and mental health)
• Vision
• Hearing
• Social and emotional health
• Intellectual ability
• Academic performance
• Communication, speech, and language
• Motor abilities.

The tests used for the evaluation should be valid and appropriate for the area being tested. This means the tests need to measure accurately the things they are intended to measure. For example, the Wechsler Intelligence Scale for Children (called the WISC) is a commonly used test that is designed to measure general intelligence. In general, results of the WISC IV should not be used to assess a child's emotional status because it is not designed for that purpose. Tests and evaluation materials must be selected and administered to not discriminate based on race, culture or sex. In addition, tests and materials must be given to the student in the student's native language or other mode of communication (such as sign language), unless it is not feasible to do so. What can you do? Ask questions about the tests. Although the jargon of assessments can be intimidating, by asking questions you can understand:

• The purpose of the test, and
• Whether the type of test used seems right for your child.

Ask one of the assessment team members to explain the tests to you in plain language. Make sure the test can accurately measure the ability it is supposed to measure. For example, some tests have age, reading skill and language ability requirements in order for results to be valid. If your child is too young for a particular test, can't read at the level necessary for the test, or if the test is not given in your child's first language, then the results of the test might not be useful and might be invalid.

Who will do the testing?

Professionals who are qualified to conduct testing in the area of suspected disability. The school psychologist can conduct many tests. But some areas of disability will need a psychologist with special training, a psychiatrist, a physical therapist/speech therapist, a medical doctor, or some other person with expertise. If district staff is not able to do a complete evaluation, the district may need to seek outside expertise to complete the evaluation process. These outside evaluations should be paid for by the district. The district might ask if the student or family has private insurance or other funding that would cover the cost of outside evaluations. If a student or family doesn't want to use their insurance benefits or other sources of funding, the district must still arrange and pay for the outside testing necessary to complete the evaluation.

What other ways can the district gather information about my child's eligibility and need for special education?

The district must use a variety of assessment tools and strategies to gather relevant functional, developmental and academic information about a student. Gathering information may include observation of the student and interviews of family, caregivers, and others who know the student. IDEA and the No Child Left Behind Act emphasize the use of in-class assessments for gathering information. These in-class assessments are often called curriculum-based measures (CBMs). You should ask if CBMs were used with your child so that all members of the evaluation team can review these assessments because sometimes CBMs are completed by the general education teacher and not shared with special education staff.

What if I disagree with the scope or results of the evaluation?

You can request an independent educational evaluation at the district's expense if you disagree with the evaluation. If you have concerns about the scope or results of the evaluation, there are things you can do:

• Talk with the district and voice your concerns. Ask the district to do additional or further evaluation(s)
• Find some other means for an evaluation to be performed. Does your child have medical coverage that would pay for an evaluation in the areas of concern? A district must consider an outside evaluation
• Ask for an independent educational evaluation at the district's expense, and get a list of evaluators from the district
• Consider more formal dispute resolution options, such as mediation, a complaint, or a due process hearing. See Section VII of this publication for more information on dispute resolution.

What happens if I request an “independent educational evaluation at public expense?”

The district must either grant the request or initiate a hearing to show that its evaluation is appropriate. An independent educational evaluation means an evaluation conducted by a qualified person who is not an employee of the district that is in charge of the education of the student. Upon request, the district must give parents information about where an independent evaluation can be obtained. The parent can choose who does the independent evaluation. The district has 15 calendar days to ask for a due process hearing if it opposes the request for an independent evaluation. If the district doesn't request a hearing within 15 calendar days, then it must pay for the independent evaluation or make sure that one is provided at no cost to the student or family. If the hearing officer determines the district's evaluation is appropriate, the parent still has a right to an independent evaluation, but the district does not have to pay for it. The district must still consider the results of the independent evaluation even if it doesn't pay for it.

Qualification for IDEA Services

How does a district decide if my student is eligible for special education, and who takes part in the decision making?

The district must make an eligibility decision based on the evaluation.

Once the evaluation is completed, the district must produce an evaluation report stating the following:

• Whether the student has a disability
• How the disability affects the student’s progress in school
• What services are recommended to address the student’s individual needs.

Whether a student is eligible for special education is determined by a group composed of the student’s parent(s) and qualified professionals selected by the school district.

Parents have a right to notice of meetings and to participate in all meetings with respect to the identification, evaluation, and delivery of services to the student. Parents must also receive written notice of any decision made at such a meeting.

How will I know if the student is eligible for special education?

The district sends you notice.

The district must provide the student’s parent with a copy of the evaluation report and documentation of its decision about eligibility.

What can I do if my child is denied eligibility for special education?

You can challenge the district’s decision.

If you think your child has been wrongly denied eligibility for special education services, you can try to change the district’s decision by:

• Discussing the situation with school personnel
• Requesting a mediation conference
• Filing a complaint or
• Requesting an IDEA due process or 504 hearing.

Talking things through with school officials—including special education staff, the principal, your child’s teachers and counselor—is the best way to start dealing with any problem.

If discussing the issue doesn’t get you anywhere, consider using more formal dispute resolution. Anyone can file a citizen complaint on behalf of a student. A parent can also request a due process hearing or mediation.

Where you can have an impact

Ask for a person from the district’s Section 504 program be made part of the eligibility determination group. If the group decides the student is not eligible for special education under IDEA but may be eligible under Section 504, this person can help identify services provided under Section 504.

An Overview of Section 504

Section 504 of the Rehabilitation Act was the first law made to protect people with disabilities. Under Section 504, all programs receiving federal funding must not discriminate against individuals based on a disability.  Public schools receive federal funding, and therefore must follow the requirements of Section 504 to ensure students with disabilities are not treated differently. School districts must also take steps that range from accommodating special needs to providing special instruction and related services. The intent of Section 504 is to remove barriers so people with disabilities can fully participate in “life activities” such as learning in school.

Section 504 defines disability as an impairment that substantially limits a major life activity. Learning is a “major life activity” for children.  Impairments that affect a student’s education may qualify him or her for services under Section 504. The definition of disability under Section 504 is much broader than under the IDEA, so many students who are not eligible for IDEA may be eligible for extra support under Section 504.

School districts are required to create procedures and systems for implementing Section 504. In addition, each district must designate at least one person to coordinate the district’s efforts to comply with Section 504. Ask for a copy of the district’s procedures and for the name of the person designated as the Section 504 compliance officer.

What kinds of things can be put into a 504 plan?

504 plans can range from seating a student near the teacher for extra help to providing specialized instruction and related services. For a student who has challenging behavior, a behavior plan, counseling, or an aide may be necessary for them to participate in school. For a student who is hearing impaired, a signing interpreter or written lectures might be included in the plan. Be creative! Your suggestions about how your student can participate in school should be open for consideration.

Does the district have to educate my student in a general education classroom?

Unless an IEP or 504 plan requires another arrangement, a student must be educated in the school that he or she would attend if not disabled and be with non-disabled classmates to the maximum extent possible.

What if the district refuses to develop a 504 plan, or there appears to be some other sort of discrimination against my student?

Section 504 requires that school districts develop dispute resolution procedures, including the right to an impartial hearing. Ask for a copy of the district’s 504 procedures to determine your next step. In addition, you can make a complaint to the Office of Civil Rights. See Section VII in this publication for more information about making a civil rights complaint. A civil rights complaint must be filed within 180 calendar days (6 months) from the date of the discrimination. If the complaint is not filed within the 180 days, include a request for a waiver and explain why the complaint is being filed now.

Where you can have an impact

Urge the district to move quickly to finish the evaluation. If the district doesn’t have a policy or set timelines for completing the evaluation, ask the district use the IDEA evaluation timelines as a guide.

Ask the district to put the Section 504 plan in writing. If the district refuses, write up what you think the district agreed to do, and send the school a letter. Ask the district to confirm that the district’s understanding of the plan is the same as yours.

 

• What is an individualized education program or “IEP?”
• What must the IEP include?
• How soon after the initial evaluation will my child get an IEP if he or she is eligible for special education?
• Who develops the IEP?
• How do I know when the IEP Team is meeting?
• What can I contribute to the IEP?
• How does the IEP address behavior issues?
• When does an IEP get reviewed or revised?
• What if changes are made to my child's IEP without my permission?
• Once my child qualifies for special education, is there any further evaluation?
• Where will my child with disabilities receive services described in his or her IEP?
• What happens if my child has an IEP and we move during the school year?
• Can my child with disabilities receive special education services during the summer?
• Can a special education program help my child transition from school into adult life?
• Can I get a translated copy of my child’s IEP?

Note: This information is from our manual, Protecting the Educational Rights of Students with Disabilities in Public Schools

What is an individualized education program or “IEP?”

An IEP is a detailed description of the instruction and services a student with disabilities needs to receive a meaningful education. The individualized education program, or IEP, is a document describing the specific special education services a student will receive. An IEP is a legal document and students are entitled to receive all of the services outlined in the IEP. An IEP should be tailored to a student's educational needs, and it can include creative strategies for delivering services.

The IEP must include:

• A statement of the student's current levels of educational and functional performance—how the student is doing
• Annual educational goals
• A statement of how a child's progress will be measured and when periodic reports on the child's progress will be provided
• Descriptions of all of the services a child will receive both in the general education classroom setting and in a special education setting
• A description of “related services” the student will receive such as speech and language therapy, transportation, and counseling
• A description of all program modifications to be provided, such as modified reading materials, a reader for exams and other assignments, a voice recorder for lectures, etc.
• A determination of whether the student needs assistive technology devices and services. Assistive technology means equipment or systems to enhance or maintain the capabilities of the student and can include commercially produced items such as a computer, certain software, or a custom keyboard
• A decision on eligibility for adaptive PE, and if eligible, how it will be provided
• A description of how the student will participate in general education classes and activities, and if not, why
• Any accommodations the student will have for taking extended school year services, if determined necessary by the IEP Team
• Aversive interventions, if any, required for the student
• The location, duration, and frequency of services to be delivered
• Dates on which services will begin
• Beginning not later than the IEP to be in effect when the student turns 16, or younger if determined appropriate by the IEP Team: 1) appropriate measurable postsecondary goals and 2) transition services needed to assist the student in reaching those goals.

In addition, students who take alternate assessments must also have the following included in their IEP:

• A description of benchmarks or short-term objectives
• A statement of why the student cannot participate in the regular assessment
• A statement of why the particular alternate assessment is appropriate for the student.

How soon after the initial evaluation will my student get an IEP if eligible for special education?

Within 30 calendar days of the decision that a student is eligible for special education, an IEP meeting must be held. Once a school district determines a student is eligible for special education services, the district has 30 calendar days, not school days, to hold an IEP meeting and develop an individualized plan for the student.

Who develops the IEP?

The IEP Team is made up of people who can help design the student's education program. A team of people is responsible for writing and approving the IEP. The following people are part of the IEP Team and generally should be present at all IEP meetings:

• Parent or guardian
• At least one of the student's general education teachers (if the student is or may be participating in the general education environment)
• At least one of the student's special education teachers or, where appropriate, special education provider
• A district representative who is qualified in the education of students with disabilities and is knowledgeable about the general curriculum and available resources, such as a director of special education
• An individual who can interpret evaluation data, such as one of the above people or the school psychologist
• At the discretion of the parent or district, others who have knowledge or special expertise regarding the student
• The student, if appropriate
• Transition service providers, such as vocational specialists or someone from an outside agency such as the Developmental Disability Administration (DDA).

Other people can be on the IEP Team. The law specifically allows others who “have knowledge or special expertise regarding the child” to participate on the IEP Team. This means the IEP Team can include relatives, family friends, community members, therapists, and advocates. The district or the parent decides who has knowledge or expertise regarding the student. If there are people you think should be included in your student's IEP Team, be sure to tell the school so they can be included. However, under IDEA and state special education law, members of the IEP Team may not be required to be in attendance in all circumstances. A member of the IEP Team listed above is not required to attend the IEP meeting if the member's area of curriculum is not a subject of the meeting and the parent and the school district agree in writing their attendance is not necessary. For example, a speech and language provider may not be required to attend if speech services are not the subject of the IEP meeting and the parent and school district both agree in writing that the speech and language provider does not need to attend because the purpose of the meeting is to discuss the student's behavior intervention plan only. Furthermore, members of the IEP Team may be excused from the meeting EVEN IF the meeting involves a modification or discussion of the team member's area if the parent and the school district agree in writing. However, the excused IEP Team member must submit written input into the development of the IEP to both the parent and the school district prior to the meeting.

How do I know when the IEP Team is meeting?

The district must notify parents of the purpose of the IEP meeting, the time and location, and who will be attending. The district must give notice early enough to make sure the parents have an opportunity to attend. The meeting should be scheduled at a mutually agreed upon time and place. If the parent and the school district agree, meetings can also be held by telephone or video conference.

What can I contribute to the IEP?

Input from parents and others who know the student and care about their success is key to creating an effective special education program. Parents are an essential part of the IEP Team and may have some great ideas about other useful people to include. The IEP Team must consider the limitations when creating a plan. You should let the school know if there are other people you think can contribute to this process. An important part of your role as an advocate is to analyze the educational program and services being offered by the school district. For example, are the goals and objectives reasonable given your understanding of your child's abilities? Are the kinds of services recommended by the district going to make a difference for your child? If you have suggestions for improving the education plan, you should voice them in the IEP Team meeting. You can also add a fresh perspective and creativity to the process. Think about ways to engage your child that the educators may not have considered. For example, if a reward of a special activity or sports time motivates your child to do chores at home, then a similar reward for completing assignments could be put in place at school. Or maybe you know your child has a difficult time when there are a lot of distractions, people, and noise. You could suggest your child change classes before or after the rest of students do.

How does the IEP address behavior issues?

The IEP should include a functional behavior assessment and a behavior intervention plan if behavior problems exist. For a student whose behavior limits their learning or interferes with other students' learning, the IEP should provide goals and objectives for improving behavior and strategies for addressing the problem. It is important to remember a student's behavior may be related to their disability. The IEP should anticipate behavior problems and create effective ways to respond to those problems before they occur.

When does an IEP get reviewed or revised?

At least once a year, but more frequently if an IEP Team member requests it. IEPs should be reviewed at least once a year. However, a district must follow an IEP even if it is past due for review. At the end of a year, the IEP Team must meet to review the education program and to determine whether the student's annual goals are being achieved. The IEP must be revised if the student has not shown academic progress or new information about the student is made available. The IEP should also anticipate a student's changing needs as the student matures. The IEP can also be reviewed at any time at the request of a team member or when circumstances have changed. However, under IDEA and state special education law, changes can now be made to a student's IEP after the annual review meeting without convening an IEP meeting if the parent and the district agree to do so. In this case, a written document can be used to amend or modify the student's IEP. At the parent's request, the school district must provide the parent with a revised copy of the IEP that includes the amendments. If you think the IEP or your child's special education services have changed, ask the District for a copy of the most recent IEP including any written amendments that have been made through agreement. Under IDEA, school districts are also encouraged to reduce the number of IEP meetings held for each student per year by encouraging the consolidation of IEP Team meetings.

What if changes are made to my child's IEP without my permission?

Talk to the school right away about your concerns. You are part of the IEP Team and must be included in all decisions about your student's special education programming. If you are unable to resolve a disagreement informally by talking to school staff, read Section VII Dispute Resolution in this publication for more options.

Once my child qualifies for special education, is there any further evaluation?

Yes, students with disabilities should be evaluated at least once every three years, and more often if necessary. Although the IEP must be reviewed once a year, reevaluations of students with disabilities do not need to occur that frequently. Reevaluations must occur at least once every three years. A parent and the school district may agree a three year reevaluation is not necessary. However, these three-year evaluations often give parents and school districts valuable information on how a student is doing. Imagine the changes a student experiences in the three years from grade school to high school! Think carefully before agreeing not to re-test your student because many things may have changed in the three years since the last evaluation. A student can be reevaluated sooner if the school district determines the educational and service needs of the child warrant a reevaluation (this includes circumstances where the child has made improvement) or if the parent or the teacher requests a reevaluation. However, reevaluations may not occur more frequently than one time per year unless the parent and the district agree an evaluation is necessary. The purposes of a reevaluation are to determine:

1. Whether the student continues to meet eligibility criteria
2. What additional services are needed to meet the goals of the IEP
3. The present levels of academic achievement and related developmental needs of the student.

The IEP Team must review the existing evaluation data for the student and decide what additional testing, if any, is needed to address the three issues listed above.

Where will my student with disabilities receive services described in the IEP?

Students with disabilities must be educated in the least restrictive educational environment - and that may mean a general education class. An essential principle of IDEA is that students with disabilities should be included in the general education program as much as possible and not excluded or educated separately. Students with disabilities have the right to an education in the least restrictive environment. This means an IEP Team must consider educating and providing services to a student in the same setting as students without disabilities for academic, non-academic, and extracurricular activities. A student with disabilities can be removed from the general education classroom setting only if the student cannot make educational progress with the implementation of accommodations and services in the general education classroom. Not all students with disabilities can succeed in a general education classroom without support. Some students need individual help from a teacher's aide in the class, or modifications of curriculum, materials, or methods of instruction. Other students require a different setting entirely, such as a special day school or home instruction. Every school district must ensure a range of educational settings are available for students with disabilities since some students with disabilities need more than can be offered in a general education setting. Students must be educated in the educational setting closest to the general education classroom that will still allow the student to make academic progress. This range of educational settings is sometimes called a continuum of placements and can include the options described in the chart to the left.

What happens if my student has an IEP and we move during the school year?

1. Moves within the state:The new school district must provide the student with services comparable to those outlined in the IEP from the former district until the new district either adopts the old IEP or develops a new IEP.
2. Moves out of the state: The new district in the new state must provide the student with services comparable to those outlined in the IEP from the former district until the new district conducts an evaluation, if necessary, and develops a new IEP.

In both circumstances, the new school must take reasonable steps to promptly obtain the child's special education records and the previous school must promptly reply to the request for records.

Can my student with disabilities receive special education services during the summer?

Yes.

1. Extended school year (ESY) services

A student with disabilities may receive special education services during the summer if the IEP Team decides the services are necessary for the student to receive a meaningful education. Eligibility for extended school year services can be based on the following factors:

• The likelihood the student will lose skills over the summer
• Whether a summer program is necessary for the student to meet the annual IEP goals
• A recommendation from a professional
• The student's educational history.

School districts are required to develop criteria for IEP Teams to use when determining a student's need for extended school year services. If you think your student requires extended year services, ask for a copy of the district's ESY criteria. If a summer program is provided, it must meet the goals of the IEP. In other words, participation in the general education summer school courses offered to all students may not be enough. If a student's IEP provides for a one-on-one aide during the school year, an aide must be provided during the summer as well. An extended school year program must be provided at no cost to the student. If the district does not have an appropriate summer program for a student who qualifies for extended school year services, the district should create one or pay for the student to participate in a program offered by another school district or a private organization. The district must pay for transportation and other costs associated with the extended school year program.

2. Accommodations and services in general education summer school

If a student with disabilities does not qualify for ESY services but signs up for the district's general education summer school program, the school should still provide accommodations and specialized instruction to the student. Ask for these services under IDEA or Section 504 if your student needs additional help to participate in the program.

Can a special education program help my student transition from school into adult life?

Yes, special education must provide transition services to students beginning at least by age sixteen. Special education provides services to all students with disabilities to help them prepare for adult life. These services, called "transition services,” are designed to promote movement from school to post-school activities, including college and other post-secondary education, vocational training programs, independent living programs, adult services, and supported employment. School districts must start transition planning for older students, beginning no later than the first IEP to be in effect when the student is 16. This means the school district must address transition planning at the annual IEP meeting prior to the student's 16th birthday. After transition is addressed, the IEP must include appropriate, measurable post secondary goals related to training, education, employment and, where appropriate, independent living skills and outline the transition services, including courses of study, the student will need to reach these goals. These goals must be based upon an age-appropriate transition assessment. The kinds of transition services a student receives should take into account their interests and preferences and the skills the student needs to acquire.

Can I get a translated copy of my child’s IEP?

Yes, you should be able to get a translated copy of your child’s IEP if you need one in order to be able to understand it.

According to special education rules, districts must translate special education consent forms and “prior written notices.” The special education rules do not say anything specifically about translating the IEP itself. However, the US Department of Education and US Department of Justice have explained that in order to comply with Title VI of the Civil Rights Act, districts must be ready to provide translations of IEPs. They explain:

Under Title VI, all vital documents, including a student’s IEP, must be accessible to LEP [Limited English Proficient] parents, but that does not necessarily mean that all vital documents must be translated for every language in the district. For example, a timely and complete oral interpretation or translated summary of a vital document might suffice in some circumstances. A district must, however, be prepared to provide timely and complete translated IEPs to provide meaningful access to the IEP and the parental rights that attach to it. This is because a parent needs meaningful access to the IEP not just during the IEP meeting, but also across school years to monitor the child’s progress and ensure that IEP services are provided.

https://sites.ed.gov/idea/files/policy_speced_guid_idea_memosdcltrs_iep-translation-06-14-2016.pdf

If you need a translated copy of your child’s IEP team, contact the special education department in your child’s school district.  

If you have questions or concerns, please call us at OEO and we can try to help.

What are Accommodations and Modifications?

Accommodations are different than modifications. While the Individuals with Disabilities Education Act (IDEA) and its regulations do not define accommodations or modifications, there is some general agreement as to what each is, as well as the difference(s) between the two:

Accommodations are provided when the student is expected to reach the same level of proficiency as their non-disabled peers. An accommodation allows a student to complete the same assignment or test as other students, but with a change in the timing, formatting, setting, scheduling, response and/or in any significant way what the test or assignment measures. Examples of accommodations include a student who is blind taking a Braille version of a test or a student taking a test alone in a quiet room.

Examples of accommodations include a student who is blind taking a Braille version of a test or a student taking a test alone in a quiet room.

Modifications are provided when the student is NOT expected to reach the same level of proficiency as their non-disabled peers. A modification is an adjustment to an assignment or a test that changes the standard or what the test or assignment is supposed to measure. Examples of modifications include a student completing work on part of a standard or a student completing an alternate assignment that is more easily achievable than the standard assignment.

Examples of modifications include a student completing work on part of a standard or a student completing an alternate assignment that is more easily achievable than the standard assignment.

Prior Written Notice (PWN)

Have you requested an evaluation, a re-evaluation, or a change to your child’s IEP (Individualized Education Program)?  Did you get a Prior Written Notice (PWN) in response?

This toolkit explains why PWNs are important, and what to do if you have not received one, or if a PWN has only very general information. 

Prior Written Notice (PWN):

A requirement under special education rules when a district proposes, or refuses, to initiate or change the identification, evaluation, placement or provision of “FAPE” (free appropriate public education).

A PWN is also a powerful tool to help understand what decisions have been made and why. For students who have an IEP, or might need one, there are many steps in an ongoing process of evaluation, planning and delivery of services. Having a clear written record of significant decisions and the reasons for them is critical.

A Prior Written Notice (PWN) is:

• a written document
• from the district, to the parents
• provided after a decision is made, but prior to/before it is implemented
• that is required under the special education rules
• for decisions relating to a child’s identification, evaluation, placement or provision of special education services, including those:
  • made at an IEP meeting or
  • made by the district in response to a parent’s request.

PWNs must describe the decision made, the reasons for it, other options considered, and information relied upon to make the decision. They must also provide parents information about their rights if they do not agree with the decision.

Districts must translate PWNs into the parent’s native language, unless it is clearly not feasible to do so. 

Tip: Review the PWN attached to the Updated IEP

After your IEP meeting, look to see if there is a PWN attached to the back of the updated IEP. If it includes only very general statements, like “The team decided to update the IEP” because “it is required to be done annually,” do not hesitate to ask for a more complete PWN.

Sometimes the IEP will reflect a decision made at the meeting (for example if a team decides some specially designed instruction will shift from a resource room to a general education setting, the service matrix would be changed). However, an IEP would not reflect a request for a change that was ultimately denied. And the IEP itself doesn’t generally describe reasons why a change is made.

Without a PWN, important decisions, and reasons for them, may be lost to memory.

If you do not receive a PWN or the PWN does not reflect significant decisions an IEP team made, you can request that the district provide one. 

Didn’t get a PWN? Didn’t see a significant decision reflected in the PWN you received?

Here are three variations on sample requests for a PWN:

"Dear IEP Case manager (or special education teacher),

Thank you for talking with me about my request for __(e.g., an initial evaluation; an early re-evaluation; a Functional Behavior Assessment; other). Please provide me with a Prior Written Notice with the district’s response to this request and confirm the next steps for moving forward."

After an IEP meeting

"Dear IEP Case manager (or special education teacher),

Thank you for getting the IEP team together discuss __(e.g. request for one-on-one support; increased time in general education; concerns about behavior referrals; other). I understand the next steps will be __________. Please provide me a Prior Written Notice to reflect the team’s decision on this issue and a copy of the amended IEP (if relevant)."

For a revised PWN

"Dear IEP Case Manager,

Thank you for providing me with a copy of the updated IEP after our annual meeting. I have reviewed the IEP and the attached PWN. I noticed that the PWN does not include information regarding our discussion and conclusions relating to _(e.g. increasing/decreasing service minutes; assistive technology; other). Please provide me with a revised PWN that reflects the decision on this/these issue(s). Please be sure the entire PWN is translated into _(my native language)___."

Sincerely,

Parent

Read more about PWNs in your Special Education Notice of Procedural Safeguards and in OSPI’s Understanding PWN short guidance. Review special education rule on Prior Notice at: WAC 392-172A-05010. To see what a PWN looks like, find one on OSPI’s Model Forms for Special Education page.

Functional Behavioral Assessments na Behavior Intervention Plans (FBA na BIPs)

Wanafunzi hukabiliwa na aina mbalimbali za matarajio ya tabia wakiwa shuleni. Kwa ujumla wanatarajiwa kuwa kimya, kumsikiliza mwalimu, kutembea, kutokimbia, kutumia sauti za chini, na kuheshimu wengine. 

Orodha hii inaweza kuwa ndefu bila ukomo ikiwa tutajaribu kujumuisha matarajio yote katika viwango mbalimbali vya darasa, katika mazingira mbalimabali na mbinu nyingi tofauti za tabia katika madarasa na shule mbalimbali. 

Wanafunzi wanahitaji fursa ili kujifunza matarajio ya tabia, kama vile wanavyohitaji fursa za kujifunza kusoma, kuandika na hisabati. 

Wanahitaji fursa ili kujifunza tabia inayotarajiwa inavyoonekana, jinsi kuafikia matarajio na kwa nini ni muhimu. Wanahitaji fursa za kufanya mazoezi, kujifunza kutokana na makosa, na kupokea maoni mazuri wanapoafikia matarajio. 

Shule zinaposhiriki maelezo na familia kuhusu matarajio ya tabia, familia zinaweza kusaidia kuimarisha mchakato huo wa kujifunza nyumbani.

Ikiwa mwanafunzi anatatizika kuafikia matarajio ya tabia, hatua ya kwanza ni kuhakikisha kuwa mwanafunzi anaelewa kile kinachotarajiwa, na jinsi ya kuafikia matarajio. 

Ikiwa tabia ya mwanafunzi inamzuia kujifunza na inaendelea bado baada ya jitihada za kuishughulikia, shule na familia zinaweza kushirikiana ili kuelewa vizuri zaidi chanzo cha tabia hiyo, na kile ambacho mwanafunzi anaweza kuwa akieleza kupitia tabia hiyo.

Ikiwa jitihada za kuishughulikia tabia hazijafaulu, na tabia inatatiza mchakato wa kujifunza, Functional Behavioral Assessment (FBA) inaweza kuwa muhimu ili kuelewa “sababu za utendaji” au madhumuni utendaji wa tabia na kusaidia kuunda hatua za uingiliaji kati zinazofaa na nzuri. 

Mchakato wa FBA unahitajika katika hali fulani ambapo mtoto mwenye ulemavu anasimamishwa au kufukuzwa shuleni kwa siku 10 au zaidi. Mchakato wa FBA unaweza kuwa zana muhimu ya kusaidia mtoto yeyote, akiwa anao au hana ulemavu.

Ikiwa una wasiwasi kuwa tabia za mtoto wako zinazuia mchakato wa kujifunza, hivyo kusababisha hatua za kurudia kosa la kinidhamu, au zinamzuia mtoto wako kujihusisha sana katika mazingira ya jumla ya elimu, unaweza kuiomba shule kuufanya mchakato wa FBA na kuunda mpango wa BIP.

Kwa maelezo zaidi, tazama Maswali Yanayoulizwa Mara kwa Mara ya Ofisi ya Fursa za Elimu (OEO) kuhusu FBA na BIPs, Orodha: Mambo ya Kutafuta katika FBA na BIP na Sampuli za Barua za Kuomba Ufanywaji wa Mchakato wa FBA na Ukaguzi wa Mpango wa BIP.

School Discipline Rules for Students with Disabilities

The Office of Superintendent of Public Instruction (OSPI) filed emergency rules clarifying and updating Chapter 392-400 WAC Student Discipline (see OSPI Rulemaking Activity website). OSPI plans to also conduct permanent rulemaking concerning Student Discipline. The emergency rules are effective immediately and the permanent rules are anticipated to be in effect by the 2025–26 school year. Read more: New Emergency Discipline Rules From OSPI Now In Effect.

In 2016, major changes were made to school discipline law in Washington state that apply to all

public school students. The changes include:

• new limits on the maximum length of suspensions and expulsions;
• new limits on the reasons students can be suspended or expelled for more than 10 school days;
• new requirements for districts to provide educational services during any suspensions or expulsions; and
• new requirements for culturally responsive and culturally sensitive re-engagement meetings.

Students with disabilities are protected by these new changes, in addition to the protections in special education rules.

When can students be suspended or expelled for more than 10 school days?

Under special education rules, except in special circumstances, schools may not suspend or expel a student with disabilities for more than 10 school days if the conduct was a “manifestation” of the student’s disability or was due to the district’s failure to implement the IEP. Now, under discipline rules that apply to ALL students, schools may not suspend or expel ANY student for more than 10 school days unless the conduct fits within one of 4 categories of “non-discretionary offenses.”

Those categories include:

1. A violation of the prohibition against firearms on school premises, transportation, or facilities;
2. Certain violent offenses, sex offenses, offenses related to liquor, controlled substances, toxic inhalants, certain crimes related to firearms, assault, kidnapping, harassment, and arson;
3. Two or more violations within a three-year period of criminal gang intimidation or other gang activity on school grounds, possessing dangerous weapons on school facilities, willfully disobeying school administrators or refusing to leave public property, or defacing or injuring school property; or
4. Behavior that adversely impacts the health or safety of other students or educational staff.

If the student’s conduct does not fall within one of those categories, the student MAY NOT be suspended or expelled for more than 10 school days.

When does a district have to provide Educational Services?

Under special education rules, if a student with an IEP is removed for more than 10 school days for disciplinary reasons, the district must provide educational services in an “Interim Alternative Education Setting.” The services must allow the student to continue to make progress on their IEP goals and to continue participating in the general education curriculum. The setting is determined by the IEP team. Under the new discipline rules, now, ALL students must have an opportunity to access educational services during ANY suspension or expulsion, even if it is less than 10 school days.

What kind of meeting is required when a student is suspended for more than 10 days?

When a student is suspended or expelled for more than 10 school days, the school must invite the family and the student to a RE-ENGAGEMENT meeting to develop a plan to support the student’s successful return to school. Families must have an opportunity to give meaningful input to the plan. Re- engagement plans must be culturally sensitive and culturally responsive. A re-engagement meeting must be held either:

• Within 20 days of the start of the suspension or expulsion if it is for longer than 20 days; or
• No later than 5 days before the student will return to school if the suspension or expulsion is less than 20 days.

Where you can have an impact:

• Ask the school how you can get educational services started right away, even if the student will not be out for more than 10 school days.
• Review the list of “non-discretionary offenses” and consider whether a long-term suspension or expulsion is permitted for the kind of conduct involved.
• If the student will be out for more than 10 school days, talk with the school and district about planning in advance for the student’s re-engagement with school.
• Remember, students with disabilities and their parents have the same rights to appeal suspensions or expulsions as any student. The protections in special education rules are in addition to those basic rights.

For more information about re-engagement meetings, and to find tips for families, check out OEO’s webpage on Suspensions, Expulsions and Discipline: https://www.oeo.wa.gov/en/education-issues/discipline-suspensions-and-expulsions.

Steps that Schools Must Take to Discipline Students with Disabilities

What is a school district supposed to do if my student with a disability breaks a school rule that would normally require suspension for more than 10 school days or an expulsion?

1. Give notice.
2. Have a manifestation determination meeting.
3. Look at the behavior and develop a functional behavior plan.

A change in placement occurs when a student who receives special education services is removed from school for a period of more than 10 school days in a row or experiences a pattern of shorter removals that over time exceed 10 school days. Long term suspensions and expulsions are considered a change of placement. If the district wants to order a change of placement for a student receiving special education services, it must follow the steps outlined above before the change can be implemented. School district staff may consider any unique circumstances on a case-by-case basis when deciding whether to order a change in placement for a student with a disability who violates a code of conduct.

What notice is required when a school district wants to remove my student with disabilities from school for any period of time?

The school district must give written notice of the decision to remove the student AND describe the procedural protections available.

Notice must be given no later than the date that the decision to remove the student is made. The law says the written notice must be given to parents of the disciplined student.

What is a manifestation determination and why is it important when my student who receives special education services gets disciplined at school?

A manifestation determination is what a district must do when a student is facing a suspension or expulsion for more than 10 school days. The manifestation determination requires the school district, the parent and relevant members of the student’s IEP Team to meet and consider whether the student’s behavior is related to their disability.

This meeting has huge consequences for a student and the stability of the student’s educational placement.

If there is a relationship between the disability and the behavior, then the student cannot be punished, and several things must happen. The student must be allowed to return to the educational placement that he or she attended prior to the disciplinary removal unless special circumstances (described below) exist or unless the parent and the district agree otherwise. In addition, the student must receive a functional behavior assessment and behavior intervention plan or have their existing plan reviewed and modified, as necessary, to address the behavior.

If it is determined that there is no relationship between the disability and the behavior, then the disciplinary procedures concerning non-disabled students can be applied, and the student can be suspended or expelled. However, the school 1) must provide educational services to the student, although services may be provided in an interim alternative educational setting and 2) perform, as appropriate, a functional behavior assessment and develop a behavior intervention plan.

See “Weapons, Drugs, Serious Bodily Injury, Dangerous Behavior and Interim Alternative Educational Settings” below for information on special circumstances when a student can be removed from their educational placement even if it is decided at a manifestation determination meeting that the student’s behavior was related to their disability.

Where you can have an impact

Act quickly if your student is excluded from school. It may be several days before you receive notice or information about why they are not allowed to return.

Be sure to contact the person in charge of discipline and let them know that your student has a disability.

If the school proposes to keep your student out of school for more than ten school days, it is important that the school district is quick to schedule a meeting regarding the behavior and its relationship to your student’s disability.

Monitoring discipline issues and being aware of the rights of students with disabilities will reduce the number of days your student is without educational services.

Bring the needs of your student to the attention of school district administration. If you think that the school administration is not listening to you, call the district’s Director of Special Education.

Ask for an IEP or 504 meeting.

Ask that educational services be provided during the period of exclusion.

When does the manifestation determination meeting have to take place?

The manifestation determination must take place immediately, if possible, but in no case later than 10 school days after the date the district decides to change the placement of the student for disciplinary reasons.

Who is a part of the manifestation determination meeting?

The district, the parents and relevant members of the IEP Team.

IDEA says the manifestation determination team consists of the parent and those members of the IEP Team the parents and school district determine to be relevant to the decision making, implying not all IEP Team members need to be present. Note you can always ask for certain members to be present if you think the information they have will be valuable to the manifestation determination process.

Throughout this publication, we will refer to the team that makes decisions at a manifestation determination meeting as the “manifestation determination team.” If we are referring to situations where the full IEP Team is present, we will indicate “IEP Team.”

What does the manifestation determination team consider when conducting the manifestation determination?

The manifestation determination team must take into consideration all relevant information.

The manifestation determination team must consider:

• Evaluation and diagnostic results, including those provided by the parents of the student
• Observations of the student
• The student’s individualized education program.

What questions must the manifestation determination team ask as part of the manifestation determination?

Under IDEA and state special education law, the manifestation determination team must ask:

1. Was the student’s conduct caused by, or did it have a direct and substantial relationship to, the student’s disability?
2. Was the conduct the direct result of the school district’s failure to implement the current IEP?

If after consideration the manifestation determination team determines that the answer is “YES” to either of the above questions, then the behavior must be considered a manifestation of the student’s disability and the discipline cannot be imposed. The student must be allowed to return to the educational placement they attended prior to the disciplinary removal unless special circumstances exist or unless the parent and the district agree otherwise. If it is determined the student’s behavior was the direct result of the district’s failure to implement the student’s IEP, the district must take immediate steps to ensure the IEP is implemented.

In some cases, a student may be acting out because the services or programs outlined in the IEP are inappropriate, even though the IEP is being implemented. IDEA does not prevent the parents or advocate from also asking that the manifestation determination team consider whether the IEP was appropriate at the time the behavior occurred. In addition, you can always ask for another meeting with the IEP Team and request that the IEP Team change the IEP or your student’s placement because your student needs additional services or a different educational setting to be successful.

Weapons, Drugs, Serious Bodily Injury, Dangerous Behavior, and Interim Alternative Educational Settings

There are four special circumstances in which a student receiving special education services can be removed from their current placement immediately, and for up to 45 school days regardless of whether the behavior was a manifestation of the student’s disability. They include when the disciplinary incident involves weapons, drugs or serious bodily injury.

The district can ask a judge to order the student removed for up to 45 school days.

No matter how or why the student is removed from school, students who receive special education services must continue to get educational services in an alternative setting. This alternative setting is called an interim alternative education setting or IAES. The IEP Team determines the interim setting.

Guns/weapons	District may remove student to an IAES for up to 45 school days
Drugs	District may remove student to an IAES for up to 45 school days
Serious Bodily Injury	District may remove student to an IAES for up to 45 school days
Dangerous Behavior	District may ask a judge to remove a student to an IAES for up to 45 school days

What can happen to a student who receives special education services if the student brings a weapon to school?

A district can remove a student to another educational setting for up to 45 school days if the student possesses a weapon or carries a weapon to school or to a school function. “Weapon” means a weapon, device, material, or substance, or animate or inanimate instrument that is used for, or is readily capable of, causing death or serious bodily injury. A weapon does not include a pocketknife with a blade of less 2 ½ inches long. Note: this is a different definition of weapon than the definition used in general education discipline laws and regulations.

What can happen to a student receiving special education services who has, uses, or sells drugs at school?

A district can remove the student to another educational setting for up to 45 school days if the student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function.

What can happen to a student receiving special education services who causes serious bodily harm to another person?

IDEA added a fourth category of misconduct which could lead a school to remove a student receiving special education services to an IAES. A district can remove a student to another educational setting for up to 45 school days if the student has inflicted serious bodily injury on another person while at school or at a school function. “Serious bodily injury” means bodily injury which involves:

1. a substantial risk of death,
2. extreme physical pain,
3. protracted and obvious disfigurement or,
4. protracted loss or impairment of the function of a bodily member, organ or mental faculty.

What can a district do when it believes a student’s behavior is dangerous?

The district’s authority to automatically remove a student to an Interim Alternative Educational Setting (IAES) is limited to situations where there are drugs, weapons or serious bodily injury involved. If the district believes a student is engaging in dangerous behavior for another reason and wants to remove the student from the current special education program, the school needs to request a due process hearing and ask the hearing officer to order the student to an IAES for up to 45 school days. A hearing officer has the authority to change a student’s placement for 45 school days if maintaining the current placement is substantially likely to result in injury to the student or to others.

If the school district is successful in getting the hearing officer to order the student out of school, the district still has a responsibility to provide the student with an education.

Where you can have an impact

Review the IEP. Consider whether the proposed 45-day placement is a setting that can meet your student’s needs. If not, ask the IEP Team to consider additional services or a different setting.

Limitations on Discipline and Removal of Students with Disabilities

When considering whether to discipline a student with a disability, a district must first comply with the steps outlined in the previous section— notice, manifestation determination and examination of the functional behavior. If the relevant members of the IEP Team decide the behavior was not a manifestation of the disability, the district may proceed with disciplining the student. But there are limitations on how the district can discipline students receiving special education services.

How long can a student receiving special education services be removed from school without educational services?

See important changes in discipline laws at the start of this web page.

Schools can order removals of less than 10 school days in the same school year for separate incidents of misconduct if the removals do not constitute a pattern of exclusion which is a change of placement and needs to be addressed through the IEP process. A series of removals—one day here, another day there—can be a pattern the IEP needs to address. To determine whether a series of removals is a pattern, consider the length of removals, the total amount of time, the proximity of one to the other, and the reason for the removals.

What educational services should be provided to a student who receives special education services if the student is removed from school for more than 10 school days in the same school year?

The school must continue to provide the services and program described in the student’s IEP, even if the student is suspended or expelled from school.

During any exclusion from school for more than 10 school days in the same school year, the school district must provide another educational setting where the student’s IEP can be implemented. The setting should be one allowing the student to participate in the general education curriculum and to progress towards achieving the goals set out in the IEP.

For example, if the student has goals and objectives to help improve social skills with peers, the alternative setting should allow opportunities and instruction for those peer interactions. A tutoring program at home is not enough. The alternative setting should also include services and modifications designed to address the behavior that resulted in the removal, so the behavior does not recur. The IEP Team makes the decision on what setting is appropriate if the removal is for more than 10 consecutive school days or constitutes a change of placement.

Where you can have an impact

Keep track of the number of days your student has been out of school. See important changes in discipline laws at the start of this webpage. Request educational services in an alternative setting.

Put your request in writing.

Protections for Students with Disabilities Who Have Not Been Found Eligible for Special Education

What are my student’s rights if they may have a disability but weren’t evaluated or found eligible for special education before being disciplined?

In some cases, students can get the same protections they would have had if they had been eligible for special education services before the disciplinary incident.

If you think your student may have a disability and your student is being disciplined but they have not yet been found eligible for special education services, then ask this question:

“Did the district know my student should have been evaluated or should have been receiving special education services?”

A student can get all of the protections for students receiving special education services if the district had knowledge of the student’s disability before the behavior resulting in disciplinary action.

What constitutes whether a district “had knowledge” of my student’s disability as described in the law?

Under IDEA and state special education law, the district had knowledge if:

• The parent expressed concerns in writing to supervisory, administrative staff of the district, or the teacher, that the student was in need of special education and related services or,
• The parent has specifically requested an evaluation of the student or,
• The student’s teacher has expressed specific concerns about the behavior or performance of the student to the district’s special education director or other special education supervisory personnel.

When can a district argue it did not have knowledge that my student had a disability before the behavior resulting in discipline occurred?

School districts are not considered to have knowledge of a student’s disability if the parent has refused a special education evaluation or special education services or if the student was evaluated and not found to be a student with a disability.

What if the district did not have knowledge of my student’s disability before the behavior resulting in discipline?

An evaluation can still be requested.

If you suspect your student has a disability but the district did not have knowledge of the disability, a request can still be made for an evaluation to see if your student is eligible for and needs special education services. This request for evaluation can take place during the time your student is out of school on the expulsion or suspension.

What if a request for evaluation is made during the time that my student is being disciplined?

The law requires the evaluation to take place quickly.

If an evaluation is requested during a period of disciplinary exclusion, the law requires the evaluation to be completed in an expedited or quick manner. It does not matter if the district knew about the disability previously. There is no set timeline in the law for completion of this expedited evaluation. It can probably be assumed that expedited means more quickly than the amount of time allowed when an evaluation is being done under normal circumstances when discipline is not an issue. Under the normal special education procedures, the district has 35 school days to complete the evaluation after receiving parental consent.

What if my child is found eligible for special education during the time they are suspended or expelled?

If a student is found eligible during the period of removal from school, the school district must start providing special education and related services.

What to do if Students with Disabilities are Wrongly Disciplined

What kind of things might indicate my student with disabilities is being wrongly disciplined?

There are several things to watch out for.

There are a variety of ways a student with a disability may be wrongly disciplined. Some examples are:

• Notice was not given.
• There are no IEP meetings to discuss functional behavior or a manifestation determination for a change in placement.
• The functional behavior was never properly examined when problems first arose.
• A behavior intervention plan was not put in place to deal with the student’s behavior in a good way.
• The manifestation determination was not done correctly:
  • The right questions were not considered.
  • The decision was not based on enough data.
  • The group making the decision was not made up of the right people.
  • The decision the behavior was not related to the disability seems wrong.
• If discipline is imposed:
  • It is too harsh for the behavior.
  • It is longer than 10 school days in a row.
  • It is more than 10 school days over time and it looks like a pattern that excludes the student from their IEP.
  • It is for 45 school days and the incident did not involve drugs, weapons or serious bodily injury, or it was not imposed by a hearing officer at a discipline hearing.
  • The student did not behave in the way the district says he or she behaved.

What can be done if my student with disabilities is being wrongly disciplined?

Your student can assert all the rights of a non-disabled student, as well as rights under special education law.

Students with disabilities can ask for both a special education due process hearing and a general education discipline hearing. Note there are limitations on who may ask for a special education due process hearing.

Think of these two procedures as two parallel roads running side by side. There can be cars traveling on both, perhaps at different speeds, but both going the same direction. It is the same when both a discipline and special education hearing are being scheduled. The two hearings are addressing some of the same issues, but they may not be directly related.

In most cases, if a special education matter is being pursued, the district should stop the general education discipline hearing process and resolve the special education issues before going on with the general discipline proceedings.

Ordinarily, if a special education due process hearing is requested, the student has a right to remain in their special education program until the hearing is resolved. This right is called “STAY PUT” and it refers to the student’s legal right to stay in the current educational program until a decision is made in the due process hearing. Despite stay put, the district may try to have the student removed through a separate court action or hearing.

There is a new and important exception to this rule under IDEA. If the parent requests a hearing to contest the discipline and 1) the student is in an interim alternative educational setting due to special circumstances (weapons, drugs, serious bodily injury or dangerous behavior) or 2) the student is in an interim alternative educational setting because the student’s behavior was not found to be related to the disability at the manifestation meeting, the student must remain in the IAES until the hearing officer makes a decision or until the end of the disciplinary removal, whichever comes first. (The parent and the district can agree otherwise.)

However, the school district must arrange for the hearing to take place within 20 school days of the request, and the hearing officer must make a decision within 10 school days of the hearing. In addition, a resolution session must take place within 7 calendar days of the request for a hearing unless the district and parent agree in writing to waive this process.

Where you can have an impact

Students with disabilities have all the rights given to general education students who are disciplined.

Review the Office of the Education Ombuds’ webpage Discipline, Suspensions and Expulsions to learn more about challenging general education discipline.

Make sure you request a general education discipline hearing within the timelines stated in the discipline notice. You can cancel the hearing if the situation is resolved through the special education process.

If your student is eligible for special education services and is out of school for more than 10 school days, even for discipline reasons, the district must provide services to implement your student’s IEP. If a hearing has been requested and your student is out of school while waiting for the decision, be sure to remind the district of this obligation. You may not be able to assert “stay put” and have your child return to the educational placement, but they should not sit at home without any services in place!

Behavior Charged as a Crime

Can the school district call the police when a student with a disability gets in trouble?

Yes, schools may report crimes committed by students with disabilities and non-disabled students.

What if the incident is filed as a crime?

If the misconduct at school is referred to juvenile court and is charged as a crime, the youth will have either a public defender or other criminal defense attorney to advise and represent them on these charges. A youth who has been charged with a crime as a result of alleged misbehavior at school should immediately consult with a criminal defense attorney before discussing their school discipline case. For example, it may not be a good idea for the youth to make statements in a school discipline or due process hearing if the criminal matter has not been resolved. Those statements could be used against the youth in the criminal case.

The defense attorney should also be made aware of any disabilities that might affect whether the youth should be charged. For example, if the young person has a very low I.Q., the court may decide it isn’t right to take care of the matter in juvenile court.

Conclusion

All students are entitled to an education that helps prepare them for life. If students are disabled in some way, they may have a right to a vast array of services and accommodations to help them succeed. If your student needs more help than they are getting in school, advocate for special education services.

Students with disabilities also cannot be punished in school for behavior related to or the result of a disability. School districts must follow specific rules when seeking to punish a student with a disability. Notice of the intent to discipline must be given, the behavior must be examined and planned for, and a team of people must determine whether the behavior was related to the disability.

Even if the concerning behavior is not related to the disability, there are significant limits on how a student with a disability can be disciplined. Students with disabilities have strong protections under the law ensuring they will not unnecessarily lose their right to education.

Transition Services for Students with Disabilities (Ages 16-22)

Students receiving special education should begin to have a transition plan at age 16 or before. The transition plan becomes a part of the student’s Individualized Educational Plan (IEP) and is designed to help the student move from high school to life and career beyond its walls. These transition plans can look different in different districts because of community supports and opportunities. However, the transition services should be based on the individual student’s needs and strengths and include programs and supports that will foster the student’s independence after high school. Students have the right to an education and continued transition services until their 22^nd birthday. Students with disabilities should be invited to be a part of this planning.

Understanding the Process for Implementing Transition Services:

Good transition plans are a partnership involving the student, family, school, community, employers, and others. Good transition plans are student-centered and use present needs to anticipate the best supports for future needs.

When should the team develop a transition plan?

No later than the IEP that is in effect when the student turns 16, or as early as age 14 if appropriate for the student.

What information is required to be in an IEP focused on transition?

Here are some of the basic components of an IEP:

• The student’s present levels of academic achievement and functional performance.
• Measurable annual goals. With transition, these goals need to be tied to the postsecondary plan.
• How the school district will measure the student’s progress towards meeting annual goals, including when and how often the school district will provide periodic progress reports.
• Specially designed instruction, related services, program modifications, supplementary aids and services, and staff supports.
• How much the student will be included in the general education classroom and with nondisabled peers in extracurricular and nonacademic activities.
• Approved accommodations for the student that will help with taking state and district assessments and measuring the student’s academic progress and achievement. If the IEP team decides that the student needs to take an alternate assessment instead of a general one, the team should also explain why they made that choice and why the alternate assessment is appropriate.
• Extended school year (ESY) services for the student, if the student shows regression or loss of information learned.
• The projected date for the beginning of the services and modifications described within the IEP, as well as the anticipated frequency, location, and duration of those services and modifications.

These components are part of IEPs, in general, but as the student progresses through high school, the student’s IEP should reflect the ongoing transition and identify the partnerships and resources that will support those goals.

The Importance of Planning in Transition IEPs:

 

In planning, the IEP team should focus on designing instructional programs and supports that meet the student’s interests and needs for life after high school. Student voice is critical. Having a strong start in the student’s teens forms a pattern of success that can make future transitions easier, such as employment, post-secondary education, and inclusion in the community. Effective transition services help the student identify and navigate future opportunities and challenges. Families, teachers, and community leaders offer different, valuable perspectives on how to ensure a successful transition. Transition provides a time for them to come together to send the student into the postsecondary world with good tools, strategies, and expectations.

What to Look for in a Transition Plan within an IEP:

Annual IEP Goals

Annual goals are what the team expects the student to accomplish reasonably within the next year. Goals should be observable and measurable. As the student gets older, the team should tie these goals increasingly to the student’s exit from high school and the postsecondary goals.

Measurable Postsecondary Goals

Like the IEP goals that the student has, the postsecondary goals in the transition plan must be based on assessments (formal and informal) to determine the student’s needs, strengths, and interests. There is no one-size-fits-all transition plan. The goals, like other IEP goals, should be data-driven and responsive to the progress that the student is making and new needs that arise. The team needs to revisit them annually or earlier, as appropriate.

Transition Services

The team should base transition services on an evaluation of the student’s needs and the student’s readiness. The team then tries to determine which programs and services will support the student toward reaching greater independence and their vision of success for the future. Teams should not base services on what is available only, but also need to consider the student’s needs. Meeting the student’s needs and goals might involve bringing in new community partners or coordinating activities between schools and community agencies to move successfully from school to postsecondary living.

Course of Study

A course of study is a current description of coursework and/or activities to achieve the student's desired post- secondary goals, from the student's current IEP through the student’s anticipated graduation or exit year.

Agency Collaboration

Transition services are results-oriented partnerships. Schools often collaborate with the Developmental Disabilities Administration (https://www.dshs.wa.gov/dda), local Developmental Disabilities Divisions, the Division of Vocational Rehabilitation (https://www.dshs.wa.gov/dvr), colleges and universities, and other community agencies.

Resources:

• OEO’s website Education Topic - Supports for Students with Disabilities:
  • https://www.oeo.wa.gov/en/education-issues/supports-students-disabilities
• The Office of Superintendent of Public Instruction (OSPI) also has resources for families:
  • https://ospi.k12.wa.us/student-success/special-education/family-engagement-and-guidance
• For dispute resolution options, look at:
  • https://ospi.k12.wa.us/student-success/special-education/dispute-resolution
• For data about students with disabilities and transition in Washington, see the Center for Change in Transition Services:
  • http://www.seattleu.edu/ ccts/transition-services/

Elimu Maalum ya Utatuzi wa Mgogoro

Iliyosasishwa Juni 2024

Nahitajika kufanya nini ili kutatua mgogoro na shule ya wilaya?

Kutana na wilaya, omba upatanisho, lalamika ama tuma ombi la kusikilizwa kwa utaratibu wa haki.

Huku unapopigania mwanafunzi wako mwenye ulemavu, unaweza kujikuta kutokubaliana na wilaya ya shule. Kila itakapowekezana, ni wazi zuri kujaribu kutatua tatizo kwa kuzungumza na wanachama wa Individual Education Program (IEP, Timu ya Programu ya Elimu Binafsi) ama wahusika wengine wa wilaya ya shule. Ikiwa utaratibu huo hautafanya kazi, kuna njia mbali mbali za kutatua migogoro zilizopo kwenye sheria.

Taratibu rasmi za malalamiko, upatanisho, utaratibu mzuri wa kusikiliza malalamiko unapatikana kwa wazazi na shule ili kutatua migogoro kuhusu elimu maalum, ikiwa ni pamoja na kutoelewana kuhusu:

• Utambulisho wa mwanafunzi kama mlemavu
• Kupandishwa daraja kwa mwanafunzi
• Utoaji wa huduma maalum ya elimu
• Kuandikishwa kielimu kwa mtoto.

Malalamishi

Kuna mifumo miwili rasmi iliyopo ya kutoa malalamishi iwapo kuna hali ya kutoelewana kuhusu programu ya elimu maalum ya Individuals with Disabilities Education Act –(IDEA, Sheria ya Elimu ya Watu Wanaoishi na Ulemavu) (IDEA ama 504) kwa mwanafunzi.

1. Malalamiko ya Jamii ya Elimu Maalum kwa Jimbo la Washington State, Office of the Suprintendent of Public Instruction.

Je, Malalamiko ya Jamii ya Elimu Maalum ni nini? ni nini?

Malalamiko ya Jamii ya Elimu Maalum, iliyofahamika awali kama Malalamiko ya Mwananchi, ni njia ya kuwa na kutoelewana baina ya wanafunzi na wilaya kutatuliwa na wakala wa nje. Malalamiko ya jamii yanafaa kufikishwa kwa Office of the Superintendent of Public Instruction (OSPI, Ofisi ya Msimamizi wa Mafunzo ya Umma) wakati mtu anapoamini kwamba kituo cha elimu (ikiwa ni pamoja na shule ya jimbo, wilaya ya shule, ama umma ama binafsi) kimekiuka mahitaji ya (Individuals with Disabilities Education Act –IDEA) Sheria ya Elimu ya Watu Wanaoishi na Ulemavu ama masharti ya jimbo ya elimu maalum.

Je, ni nani anayeweza kutuma malalamiko kuhusu Jamii ya Elimu Maalum?

Mtu ama Shirika lolote linaweza kisajili malalamiko katika ofisi ya Office of the Superintendent of Public Instruction.

Je, ni yapi mahitaji ya Malalamiko kuhusu Jamii ya Elimu Maalum?

Malalamiko lazima yawe:

• Kwa maandishi
• Yatiwe sahihi na mlalamishi
• Ikiwa ni pamoja na taarifa ambayo kituo hicho cha elimu kimekiuka sheria za elimu maalum kwa kipindi cha mwaka mmoja uliopita
• Kueleza bayana kuhusu ukiukaji huo
  • Orodhesha jina na anwani ya mlalamishi, na
  • Orodhesha jina na anwani ya kituo cha kielimu.

Iwapo malalamishi hayo yanahusu mwanafunzi maalum, basi malalamiko hayo yanapaswa kuwa na:

• • Jina la mwanafunzi
  • Jina la wilaya ya shule ya mwanafunzi
  • Maelezo ya tatizo linaloathiri mwanafunzi
  • Suluhu iliyopendekezwa kuhusu tatizo hilo.

Je, ni wapi mahali inapopatikana fomu ya Malalamishi ya Jamii?

OSPI imeunda fomu m’badala kwa ajili matumizi yako wakati wa kujaza malalamiko ya Jamii ya elimu Maalum. Fomu hii inapatikana katika: https://ospi.k12.wa.us/student-success/special-education/dispute-resolution/file-community-complaint

Ni wapi unaweza kuathiri pakubwa?

Unapotia malalamiko ya jamii, hakikisha kutazama nyakati kwa makini. Iwapo OSPI ama kituo cha kielimu hakitachukua hatua ndani ya muda uliowekwa, una fursa ya kulalamika tena.

Hakikisha kwamba umeonyesha rekodi mahususi ya shule ikiwa na kurasa zenye nambari zilizo na malalamishi ili pawe na urahisi wa kurejelea kurasa hizo.

Je, itakuwaje baada ya kujaza malalamiko ya Jamii ya Elimu Maalum?

Pindi tu OSPI wakipokea malalamishi, ni lazima itume nakala ya malalamishi hayo kwa wilaya ya shule. Ndani ya siku 20 baada ya kupokea malalamishi, wilaya ya shule lazima ichunguze malalamishi na kujibu kwa maandiko kwa OSPI. OSPI watakutumia nakala ya majibu ya wilaya ya shule. Basi una chaguo la kutuma taarifa ya ziada kuhusu malalamishi.

Ndani ya siku 60, OSPI lazima ifanye maamuzi huru na kwa maandiko ili kujua iwapo kituo hicho cha elimu kinavunja sheria maalum ya elimu ya shirikisho ama jimbo. Maamuzi lazima yahusishe matokeo ya ukweli na hatua muhimu ili kutatua malalamiko. Muda unaweza kuongezewa iwapo:

1) kuna hali ya kipekee inayohusiana na malalamiko ama

2) mlalamishi na kituo cha elimu kitakubali kwa maandiko kuongezea muda wa kutumia upatanisho au mbinu ya utatuzi wa mgogoro mwingine.

Hivyo basi, Wilaya ya shule ni lazima izingatie nyakati zilizowekwa katika maamuzi yaliyoandikwa ya OSPI ili kukamilisha hatua yoyote ya marekebisho iliyopendekezwa. Iwapo wilaya ya shule haitakuwa na ufuatiliaji, OSPI inaweza kuzuia ufadhili kwa wilaya ama kuamrisha kutumika kwa mbinu nyinginezo za kupata suluhu.

Iwapo imeamuliwa kwamba wilaya ya shule haikutoa huduma zinazostahili kwa mwanafunzi aliye na ulemavu, basi OSPI ni lazima:

• Iamue jinsi ambavyo wilaya ya shule itakavyofidia kukosekana huko kwa huduma, ikiwa ni pamoja na kulipa pesa ama kuchukua hatua nyingine za marekebisho ili kushughulikia mahitaji ya mwanafunzi.
• Shughulikia utoaji wa huduma katika siku za baadae kwa wanafunzi wote walio na ulemavu.

Je, ni wapi nitapata taarifa zaidi kuhusu Malalamishi ya Jamii ya OSPI?

https://ospi.k12.wa.us/student-success/special-education/dispute-resolution/file-community-complaint

Malalamishi ya Haki za Raia kwa Marekani katika Office of Civil Rights for the Department of Education

Je, Malalamishi ya Haki za Raia ni nini?

Kifungu cha 504 ni sheria dhidi ya ubaguzi kinacholenga kumaliza ubaguzi unaohusiana na ulemavu katika programu zote zinazopokea ufadhili kutoka kwa shirikisho. Kwa kuwa shule za umma na zile za wilaya hupokea fedha za shirikisho, basi zinashirikishwa kwenye mahitaji ya kifungu cha 504.

Office for Civil Rights (OCR, Ofisi ya Marekani ya Haki za Raia) kwa Department of Education (Idara ya Elimu ya Marekani) hushughulikia kikamilifu ulinzi wa Kifungu cha 504 na inawajibikia malalamishi yanayohusu uchunguzi.

Ni nani anayeweza kutoa malalamishi ya haki za raia?

Mtu yoyote anaweza kutoa malalamishi katika Office of Civil Rights nchini Marekani, kila wakati mwanafunzi aliye na ulemavu anapokosa kupokea manufaa ya kielimu kutoka kwa programu ambayo inalinganishwa na manufaa yaliyopatikana kwa wenzao ambao sio walemavu. Mfano ni pale ambapo mwanafunzi mwenye hulka ya ulemavu anapoambiwa kwamba hawezi kwenye safari za nyanjani na ni lazima abakie kwenye ofisi ya Mwalimu Mkuu huku wengine wote darasani wanapoondoka kwenda nyanjani. Malalamishi ya OCR yanaweza kuhusisha tatizo la ufikiaji, kama vile kukosekana kwa tuta la mtoto mwenye kiti cha magurudumu ama wilaya kutotoa malazi au huduma zinazofaa ama ziwe kwenye mpango wa mwanafunzi wa 504.

Ni yapi mahitaji ya malalamishi ya haki za raia?

Malalamishi ya haki ya raia lazima itolewe ndani ya siku 180 (miezi 6) za tarehe ya ubaguzi. Malalamishi hayo yanafaa kuhusisha:

►         Jina, anwani na nambari ya simu ya anayejaza

►         Jina, anwani na nambari ya simu ya watu waliobaguliwa

►         Jina, anwani ya shule, wilaya, ama mtu aliyebaguliwa

►         Msingi wa ubaguzi (ukoo, ulemavu, uhalisia wa kitaifa, nk.)

►         Lini na wapi ambapo ubaguzi huo ulifanyika

►         Ukweli kuhusu ubaguzi huo na

►         Nakala ya nyaraka iliyoandikwa, data, ama nyaraka nyinginezo zinazounga mkono malalamishi.

Ni wapi pa kupeleka malalamishi ya OCR ya Haki ya Raia?

Ili kuandikisha malalamishi kupitia kwa OCR, unaweza kutumia fomu ya malalamishi ya kiektroniki inayopatikana kwenye: https://www2.ed.gov/about/offices/list/ocr/complaintintro.html

ama kamilisha fomu inayojazika kwa wepesi kupitia: https://www2.ed.gov/about/offices/list/ocr/complaintform.pdf

Iwapo utachagua kukamilisha fomu hiyo ama kuandika barua yako kivyako, unaweza kutuma malalamishi kupitia kwa baruapepe OCR.Seattle@ed.gov ama kupitia kwa kipepesi kwa (206) 607-1601 Unaweza pia kutuma malalamishi yako kupitia kwa baruapepe ya:

Office for Civil Rights

U.S. Department of Education

915 2nd Avenue #3310

Seattle, WA 981074-1099.

Je, itakuwaje baada ya kutuma malalamishi kuhusu haki za raia?

Taarifa ya uhakiki wa OCR katika malalamishi na kuamua iwapo ama malalamishi hayo hayatashughulikiwa tena. Ni lazima iamuliwe iwapo itakuwa na mamlaka ya kuchunguza malalamishi na iwapo malalamishi hayo yametumwa kwa muda na utaratibu unaostahili. Malalamishi lazima yajazwe ndani ya siku 180 kufuatia tarehe ya madai ya kitendo hicho cha ubaguzi.

OCR itakuuliza kutia sahihi fomu ya ukubalifu kama sehemu ya utaratibu huu. OCR itawasiliana nawe kupitia kwa njia ya baruapepe ama simu iwapo fomu hii haitakuwa imepokelewa kufikia siku ya 15 kutokea wakati ulipoulizwa kutia sahihi na kukufahamisha kwamba una siku 5 zaidi za kutia sahihi fomu hiyo. Kadhalika, unaweza kuulizwa ili kutoa taarifa ya ziada. Iwapo taarifa zaidi itahitajika, lazima OCR ikupatie angalau siku 20 ili kutoa taarifa inayohitajika.

Baada ya OCR kukamilisha uchunguzi wake, wewe na wilaya mtapokea Barua ya Uchunguzi ambayo itafafanua iwapo ushahidi unaunga mkono kama ukiukaji huo ulitokea. Iwapo OCR itagundua kwamba wilaya haikufuata sheria, itawasiliana na wilaya ili kujua iwapo wilaya iko tayari kuingia kwenye makubaliano ya hiari ya kutafuta suluhu. Iwapo wilaya haitakubali kutatua tatizo hili, OCR inaweza kuchukua hatua zaidi kama vile kuituma kesi hiyo kwa Idara ya Haki.  

Iwapo unahisi wilaya inakiuka haki ya mwanafunzi ya kupata elimu inayofaa, iamue kuweka malalamishi.

Upatanisho

Upatanisho ni nini?

Upatanisho ni aina ya utatuzi wa migogoro. Chini ya IDEA, majimbo yanahitajika kutoa huduma za upatanisho bila malipo kwa wazazi/walezi na wilaya za shule kwa ajili ya kusuluhisha migogoro kuhusu programu maalum ya elimu kwa mwanafunzi.

Utaratibu wa upatanisho inaleta shule na mzazi au mlezi, pamoja mtu mwingine ambaye haegemei upande wowote – mpatanishi. Mpatanishi huyo atakutana nao wote ili kujaribu kuwapatanisha katika mahitaji ya elimu ya mwanafunzi. Mchakato huu ni wa hiari, kwa hivyo mzazi ama mlezi na wilaya ya shule itabidi wakubali ili kushiriki. Upatanishi utakuwa njia muafaka ya huduma ya kuimarisha kwa mwanafunzi, tatua matatizo, na rekebisha mahusiano kati ya shule na mzazi au mlezi.

Iwapo upatanisho utafaulu, pande zote mbili zitatia sahihi makubaliano ya kisheria yanayoelezea kuhusu mapatano hayo. Ni kwa maamuzi ya shule na mzazi ama mlezi ili kufanya kanuni za maagano hayo. Pindi tu makubaliano yatafanywa, mpatanishi atajiondoa na hakutakuwa na ulazimishaji wa upande wowote katika kulazimishwa kufanya chochote. Iwapo mgogoro utatokea wakati wa makubaliano ya upatanishi, mzazi ama mlezi inaweza kutaka makubaliano hayo kuidhinishwa na korti au shirikisho. Iwapo mgogoro mpya mpya au tofauti utaibuka, mzazi au mlezi ama wilaya inaweza kutumia mbinu zote za usuluhishaji wa migogoro inayopatikana kwenye sheria.

Ombi la upatanishi linafaa kutolewa kwa Machaguo Muhimu. Unaweza kutuma ombi kwa maandishi au kwa njia ya simu. Pande zote zinaweza kuwasiliana na Machagua Muhimu na watawasiliana na wahusika wengine. Unaweza kufikia Machaguo Muhimu kupitia kwa 1-800-692-2540.

Dokezo la Mazungumzo

Kukubali kushiriki katika upatanishi hakukuzuii wewe kuuliza malalamishi yako kusikilizwa baadae. Unaweza kusitisha mchakato wa upatanishi wakati wowote na bado kuuliza kuhusu mchakato wa kusikilizwa kwa malalamishi. Pingamizi moja ni kwamba usikilizwaji wa baadae, mazungumzo yaliyofanyika wakati wa mchakato wa upatanishi, hauwezi kutumika kama ushahidi. Hata hivyo, makubaliano ya upatanishi yaliyoandikwa yanaweza kutumika kama ushahidi.

Mchakato wa Usikilizwaji wa Malalamishi

Mchakato wa Usikilizwaji wa Malalamishi ni nini?

Mchakato wa Usuluhishaji wa Malalamishi ni utaratibu rasmi wa kiusimamizi, kama vile jaribio. Mzazi au mlezi na wilaya ya shule ambaye ana fursa ya kutoa ushahidi na mashahidi na kuwahoji mashahidi na upande mwingine.

Ofisa wa usuluhishaji ataandika maamuzi kuambatana na ukweli pamoja na sheria.

Je, ninahitaji wakili katika mchakato huu wa kusikilizwa kwa malalamishi?

Hapana, lakini una haki ya kuwakilishwa na wakili iwapo ungependa.

Mzazi ama mlezi wa mwanafunzi mwenye ulemavu anaweza kushauriwa ama kuwakilishwa na wakili katika mchakato wa usuluhishwaji wa malalamishi. Haihitajiki kuwa na wakili, na unaweza kufanikiwa bila hata ya wakili. Mara kwa mara ni vyema kupata ushauri wa wakili ama mtu mwingine mwenye uelewa ili kusaidia kutuma ombi na kuandaa kwa kusikilizwa kwa malalamishi.

Nitaomba mchakato wa usikilizwaji wa malalamishi?

Tuma ombi kwa maandishi kwa Office of Administrative Hearings (Ofisi ya Usikilizwaji wa Malalamishi) na fahamisha wilaya ya shule.

Ombi na mchakato wa kusikilizwa kwa malalamishi na lifanywe kwa maandishi na lina taarifa ifuatayo:

• Jina na anwani ya mwanafunzi
• Wilaya na shule mwanafunzi anahudhuria
• Wilaya inayohusika kwa kutoa huduma maalum ya elimu iwapo ni tofauti kutoka kwa wilaya ambayo mwanafunzi anaposomea
• Maelezo ya hofu ya kuhusu wazazi
• Mapendekezo yako ya kutatua matatizo.

Tuma barua ama kufikisha nakala ya ombi la malalamishi kwa:

Office of Administrative Hearings

P.O. Box 42489

Olympia, WA 98504

Kadhalika, unapaswa kutoa ombi la malalamishi halisi kwa wilaya ya shule kwa kufikisha ama kutuma barua kwa Msimamizi wa Wilaya ya Shule. Usisahau kijiwekea nakala!

OSPI iliunda ombi la fomu ya mchakato wa kusikiliza malalamishi ili kusaidia mzazi kuomba mchakato wa kusikilizwa kwa malalamishi. Fomu hii inapatikana kupitia: https://ospi.k12.wa.us/student-success/special- education/dispute-resolution/request-due-process-hearing

Ni viwango vipi vya ombi la mchakato wa kusikiliza malalamishi?

Ombi la mchakato wa kusikilizwa kwa malalamishi lazima lishughulikie ukiukaji ama tatizo lililotokea ndani ya miaka miwili iliyopita. Ombi la mchakato la kusikiliza malalamishi linafaa kushughulikia ukiukaji kutoka kwa zaidi miaka miwili iliyopita iwapo masharti mawili yameshughulikiwa:

1. Mzazi alizuiwa kuomba kuhusu mchakato wa kusikilizwa kwa malalamishi ndani ya miaka miwili kwa sababu wilaya ya shule haikuwakilisha vyema kwamba ilitatua tatizo hilo

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2. Mzazi alizuiwa kuomba kuhusu mchakato wa kusikilizwa kwa malalamishi ndani ya miaka miwili kwa sababu wilaya ya shule ilizuia taarifa iliyohitajika kutoa kisheria.

Ni muhimu sana kusikiliza ombi ili kujadili matatizo yote na hofu aliyokonayo mzazi. Baada ya ombi kupokelewa, linaweza tu kubadilishwa iwapo wilaya ya shule itakubali kwa maandiko ama ikiwa ofisa wa kusikiliza malalamishi atakapokubali kwamba inaweza kubadilishwa, na kipindi cha muda wa usuluhishaji (tazama hapo chini) kuanza upya.

Kadhalika, chini ya IDEA, masuala yaliyojadiliwa katika ombi la usuluhishwaji ama katika mabadiliko kwa ombi linaweza kushughulikwa labda pengine wahusika wa upande mwingine wakubali. Huku ukiwa huhitajiki kuwa na wakili ili kutuma ombi la kusikilizwa kwa malalamishi, inaweza kusaidia kuwasiliana na wakili wakati wa kuandika ombi la kusikilizwa kwa malalamishi, ili kuhakikisha kwamba wasiwasi wako umezungumziwa.

Itakuwaje baada ya kutuma ombi la kusikilizwa kwa malalamishi?

Wilaya ya shule lazima ijibu.

Ndani ya siku 10 baada ya kupokea malalamishi, wilaya ya shule lazima ijibu. Ni lazima wilaya ya shule ielezee ni kwa nini ilichukua hatua iliyochukua, ni machaguo yapi mengine Timu ya IEP ilipendekeza na ni kwa nini ilikataliwa, maelezo ya taarifa ambayo wilaya ilitegemea na kufanya maamuzi yake na taarifa katika masuala mengine kwa maamuzi ya wilaya. Wilaya ya shule haihitaji kujibu iwapo ilituma ilani kwa maandiko kwa mzazi kuhusu suala husika katika malalamishi.

Je, kipindi cha usuluhishaji ni nini?

Kipindi cha usuluhishaji ni kikao kinachofanyika baada ya ombi la usikilizwaji wa malalamishi umefanyika, lakini kabla ya kusikilizwa kwa malalamishi.

Ndani ya siku 15 za kupokea ombi la kusikilizwa kwa malalamishi kutoka kwa mzazi, wilaya ya shule lazima paitishwe kikao na mzazi, wanachama wahusika wa Timu ya IEP, na wawakilishi wa wilaya ya shule ambayo mamlaka ya kufanya maamuzi. Wilaya ya shule haiwezi kuleta wakili kwa mkutano huo mpaka mzazi awe na wakili pia. Lengo la kikao hiki ni kujadili malalamishi na kuona iwapo tatizo linaweza kutatuliwa bila ya mchakato wa kusikilizwa kwa malalamishi.

Iwapo mzazi na wilaya ya shule wataelewana katika kipindi cha suluhisho, basi ni lazima watie sahihi makubaliano ya kisheria yanayofikia viwango vya kufikishwa kortini. Vile vile wilaya ya shule ama mzazi ana siku tatu za biashara kubadilisha mawazo yao na kubatilisha makubaliano.

Kipindi cha makubaliano ni lazima kifanyike mpaka pale ambapo mzazi na wilaya ya shule watakubaliana kwa maandiko ili kubadilisha mkutano au badala yake kukubaliana kutumia upatanishi.

Je, usikilizwaji wa utaratibu huo utachukua muda gani?

Wilaya ya shule ina siku 30 kutoka wakati ambapo inapopokea malalamishi ili kujaribu kutatua tatizo kwa kutosheka kwa wazazi kupitia kwa utaratibu wa upatanishi. Iwapo wilaya haitafanya hivyo ndani ya siku 30, kisha muda wa kusikilizwa unaanza. Usikilizwaji unapaswa kufanywa na maamuzi kufikiwa ndani ya siku 45.

Upatanishi wa siku 30 hubadilishwa iwapo tu baadhi ya mambo yafuatayo yatatokea:

• Pande zote mbili zikubaliane kwa maandiko ili kupunguza kipindi cha suluhisho.
• Baada ya kipindi cha upatanisho ama suluhu, pande zote zikubaliane kwa maandiko kwamba hakuna makubaliano yatakayowezekana ama
• Pande zote zikubaliane kushiriki katika upatanisho nje ya kipindi cha upatanisho cha siku 30 na chama kimoja kitaondoka kutoka kwenye upatanisho Katika hali hizi, muda wa siku 45 unaanza mara moja.

Urefu wa kipindi chenyewe cha usikilizwaji kitategemea pakubwa matatizo yaliyopo na ni kwa muda gani kila upande utachukua ili kusikilizwa kwa malalamishi hayo.

Kipindi cha upatanishi ni muhimu sana. Iwapo mzazi hataki kushiriki katika kipindi cha utafutaji suluhu, muda wa kikao cha usuluhishaji na utaratibu wa kusikilizwa utacheleweshwa mpaka kikao kitakapofanyika. Zaidi ya hayo, wilaya ya shule inaweza kuuliza tena afisa wa usuluhisho baada ya kukamilika kwa kipindi cha suluhu cha siku 30 ili kujadili utaratibu wa ombi la usulihishaji iwapo mzazi atakataa kushiriki kwenye kikao cha usuluhishaji.

 

Kwa upande mwingine, iwapo wilaya ya shule itafeli kuandaa kikao cha usuluhishaji ndani ya siku 15 baada ya kupokea ombi hilo, mzazi anaweza kumuuliza ofisa wa usuluhishaji ili mara moja kuanza mchakato wa siku 45 za kipindi cha usikilizwaji wa malalamishi.

Kipindi cha Mchakato wa Kusikilizwa kwa Malalamishi

 

Ombi la mzazi la kusikilizwa kwa maandiko

Wilaya inajibu ndani ya siku 10

Ratiba ya kipindi cha suluhisho cha Wilaya ndani ya siku 15, hadi pale itakapoondolewa kwa maandiko

Iwapo kipindi cha usuluhishaji, hakitatatua malalamishi ndani ya siku 30, utaratibu wa usikilizwaji utaendelea na maamuzi ya yatafanywa ndani ya siku 45

Ni nini maana ya “kunyamaza?” Mwanafunzi wangu ataenda shule gani nitakapoomba kusikilizwa kwa malalamishi?

Nyamaza ni neno linalotumika katika IDEA ili kuelezea kule mtoto anaposomea pale usikilizwaji utakapoitishwa. Iwapo usikilizwaji utaitishwa, mwanafunzi ana haki kuendelea kupokea programu yao binafsi ya kielimu katika mpangilio sawa hadi pale ambapo usikilizwaji utakapokamilika na maamuzi kutolewa. Kuna baadhi ya masuala ya kunyamazia inayotumika wakati wanafunzi walio na ulemavu wanapotiwa nidhamu.

Je, usikilizwaji wa kiutaratibu unaweza kufanikiwa kivipi kwa mwanafunzi wangu?

Wilaya inaweza kushurutishwa kutoa huduma, kumpatia mwanafunzi elimu ya fidia, na kulipia ada ya uwakilishwaji kisheria.

Usikilizwaji wa kiutaratibu unaweza kusaidia kupata huduma zinazofaa na kufidia elimu ambayo haikutolewa na wilaya. Ofisa wa Usikilizaji anaweza kutatua migogoro kuhusu ustahiki wa mwanafunzi, IEP, mabadiliko ya mipangilio ya kielemu, na utathmini na utathmini upya.

Ofisa wa Usikilizaji pia anaweza kuagiza elimu ya fidia, ikimaanisha wilaya lazima itoe huduma ili kufidia muda ama fursa zilizokosekana kwa sababu ya kufeli kwa wilaya. Kwa mfano, wilaya inaweza kuamrishwa kulipia mwanafunzi ili kushiriki katika kozi ya asasi ya kijamii, kutoa mafunzo ili kuongezea programu ya elimu maalum, ama wezesha programu za majira ya joto, hata kama mwanafunzi hatafikia vigezo vya huduma za mwaka wa shule ulioongezewa.

Ni lazima maombi ya fidia ya elimu yahusiane na malengo na majukumu ya IEP. Kuwa mbunifu unapoulizia kuhusu huduma za fidia ya elimu. Fikiria kuhusu kile ambacho mwanafunzi anapenda kufanya (sanaa, muziki, sayansi, n.k) na pendekeza programu ama huduma inayotua maarifa haya.

Iwapo utashinda katika usikilizwaji, wilaya inaweza kuhitajika kulipia gharama uliyotumia wakati wa usikilizwaji na ada alizotoza wakili ili kumuwakilisha. Weka rekodi ya gharama uliyotumia kwenye maandalizi ya kusikilizwa kwa malalamishi haya.

Last updated December 2021

Community Based Organizations

• Open Doors for Multicultural Families
• Washington PAVE
• Local Chapters of The Arc of Washington  
• Washington State Parent to Parent Support Programs and Washington State Parent Coalitions
• Roots of Inclusion
• Special Education Advocates League SEAL
• Treehouse for Kids  (supports for youth in foster care)
• Washington Autism Alliance
• Washington Education Association’s Special Education Support Center merged with OSPI to become Inclusionary Practices Technical Assistance Network 

Behavioral and Mental Health Focused supports, including Peer Partners

• A Common Voice
• Guided Pathways

State Agency Resources for Navigating Special Education

Washington State Governor’s Office of the Education Ombuds (OEO).

Office of Superintendent of Public Instruction (OSPI).

State Education Agency responsible for oversight of implementation of special education in Washington State.

• OSPI Special Education Parent Liaison information and informal facilitation of concerns
• Investigation and resolution of formal written special education complaints “Community Complaints”. 
• Mediation and IEP Meeting Facilitation provided through contract with Sound Options Mediation Group.
• Due Process hearing request forms and information.

Department of Children Youth & Families (DCYF) Foster Care Regional Education Leads 

Developmental Disabilities Administration (DDA) Developmental Disabilities Administration (DDA) | DSHS

Division of Vocational Rehabilitation (DVR) Division of Vocational Rehabilitation | DSHS

Legal Advice and Representation

Legal Assistance List maintained by OAH:

• https://www.k12.wa.us/sites/default/files/public/specialed/disputeresolution/pubdocs/LegalReferralList.pdf (includes contact information for Northwest Justice Project (civil legal aid) and private attorneys).

Other organizations providing free legal advice and representation to eligible students or families on special education or other education related matters: Check each for specific eligibility requirements.

• Disability Rights Washington (DRW), https://www.disabilityrightswa.org/
• TeamChild, https://teamchild.org/
• Legal Counsel for Youth & Children, (LCYC), https://lcycwa.org/
• Washington Medical Legal Partnership, http://www.washingtonmlp.org/ (in partnership with the Northwest Justice Project)