For the 7th year, our state falls short in federal review of special education services
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Once again, Washington state has been determined “needs assistance” for provision of special education services for children ages 3 to 21. Washington has failed to meet the requirements and purposes of the Individuals with Disabilities Education Act (IDEA) since 2014, when results were added to the annual federal review.
Results refer to the ideals of IDEA: Equality of opportunity, full participation, independent living, and economic self-sufficiency.
The other area of review is compliance; this refers to following
the rules laid in IDEA.
Our problem: Results
Special education services for children ages 3 to 21 are covered under Part B of IDEA. In this category, Washington was determined to need assistance, for 2 or more consecutive years. The department uses both compliance and results data to determine standing. Compliance is weighted at 60 percent; results are weighted at 40 percent.
The 2021 details of how the state scored were not publicly posted, but last years’ results showed the state scored 100 percent for compliance (20 out of 20 points). That is, there were timely evaluations, due process hearings and complaint decisions, and similar compliance with IDEA rules. Where the state scored low - just 50 percent, or 12 out of 24 points - was with results.
Last year, Washington scored zeros for drop-out rates of
students with IEPs and for rates of graduation with a regular high school
diploma. We also scored a string of 1s for participation of students with IEPs in
state assessments, and for basic proficiency in math and reading, as measured
by the National Assessment of Educational Progress.
For comparison, in 2014 the state scored 21 out of 22 for compliance and 7 out of 20 for results.
While the matrix used in the federal review isn’t readily accessible to the public, you can view some state-level data in the annual Report to Congress on the Implementation of the Individuals with Disabilities Education Act. This report captures least restricted environment and exiting data.
On drop-out rates and graduation with a regular diploma, Washington hasn’t budged much since 2009.
- The rate of Washington students with individual education programs (IEPs) dropping
out was 32.6 percent in 2009-10 and 31.8 percent in 2017-18.
- Rates of graduation with a regular diploma were 64.1 percent in 2009-10 and 64.5 in 2017-18.
On least restricted environment we continue to trail the nation.
- For ages 3 to 5: Washington is 4th lowest
for most inclusive setting and 4th highest for most segregated.
- For ages 6-21: Washington is 8th
lowest for spending 80 percent or more of the school day in a regular class.
- For students with intellectual disabilities, we are 2nd lowest for spending 80 percent or more of the school day in a regular class.
Data is collected from all 50 states, plus the District of Columbia, Puerto Rico, and Bureau of Indian Education schools.
There are 17 indicators used to assess results:
One highlight: Birth to 3 supports are covered under Part C of IDEA. In this category, Washington continues to meet requirements. The Department of Children, Youth, and Families (DCYF) is the lead agency, and King County helps administer the programs locally, in partnership with private providers.
Birth to 3 supports target overall child well-being, with focus on the developmental areas of social and emotional, cognitive, physical, self-help, and language.
Learn more about birth to 3 supports:
- DCYF child development supports
- King County Developmental Disabilities and Early Childhood Supports Division
What now?
The federal government directed the state to technical assistance. Washington must report back on which sources it used and what actions the state took because of that technical assistance.
In its follow up last year, Washington state said it is committing more resources to address areas in which there was slippage or targets were not met, including:
- Least restrictive environment for ages 3-5
- Early childhood outcomes
- Rates of students with disabilities enrolled in higher education
What is IDEA and what are schools supposed to provide?
The Individuals with Disabilities Education Act (IDEA) mandates birth to 3 supports - also called early supports for infants or toddlers, or ESIT – and special education services and related supports for qualifying children ages 3 to 21.
Under federal anti-discrimination laws Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, students with disabilities have the right to equal access to educational opportunities and benefits, in the most integrated setting appropriate. Services and supports outlined in IDEA provide that access.
Every year, the U.S. Department of Education’s Office of Special Education and Rehabilitative Services (OSERS) assesses how the states are doing. This is because IDEA is a grant bill. That means it grants, or gives, money to schools or lead agencies if they follow certain rules and achieve acceptable results. If schools or lead agencies do not follow the rules laid out in IDEA, or post poor results, they risk losing federal funding.
While Washington state continues to meet requirements for birth to 3 supports, it does not do so for older children, ages 3 to 21, supported by our school districts. Of particular note, Washington does not require schools to use best practices:
- Washington allows school districts to segregate students with disabilities at high rates, despite decades of research affirming the benefit of inclusion. Inclusive learning includes using practices and providing resources needed to support marginalized students, as well as placement of students in the general education classroom. Research does not support placing students with disabilities in separate settings. In fact, research shows young students who were taught skills, and then placed in separates classes or schools, experienced a decline in learning, bringing to question whether children served in birth to 3 programs lose ground when moved into segregated school district programs.
- Despite legal mandates that all children have the right to least restricted environment - which in the preschool years is defined as a regular early learning classroom, with at least 50 percent non-disabled students - many Washington school districts continue to funnel students and families exclusively to segregated developmental programs. If school districts do not offer general education preschools, IEP teams can place students in other community preschool or childcare options.
Families who use languages other than English also continue to report that they do not have access to translated information about special education services, including their child's IEP.
On the annual federal reviews and determination:
Compliance refers to school staff following the rules laid out in IDEA. Protecting the rights of children with disabilities and their families is a key responsibility of state educational agencies (in Washington, that is the Office of the Superintendent of Public Instruction) and local educational agencies. In Washington, local agencies include school districts, charter schools, and state-tribal education compact schools.
Results refers to the ideals of IDEA: Equality of opportunity, full participation, independent living, and economic self-sufficiency.
If a state “needs assistance” for two consecutive years, OSER (the federal oversight branch for special education services) must take one or more enforcement actions. These can include requiring the state to access technical assistance, designating the state as a high-risk grantee, or directing the use of state set-aside funds to the area(s) where the state needs assistance.
This year, Washington was directed to technical assistance. The details of how Washington scored were posted to a secured database that is not accessible to the general public. Washington must report back on technical assistance used and actions taken by February 2022.
Related resources:
- Overview - 2021 determination letters on state implementation of IDEA
- State determination letters
- Scoring information - Unfortunately, detailed information about how the state scored is not included
in publicly released determination letters. But there were documents posted for
2014 and 2020 that shared this information. You can access them here.
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This article was written by Ramona Hattendorf, director of advocacy at The Arc of King County, using resources posted the IDEA web page of the U.S. Department of Education. It also pulls from the U.S. Education Department and U.S. Health and Human Services Department Policy Statement on Inclusion in Early Childhood Programs.
