Early learning advocacy: No childcare for kids with disabilities

This is part of a series of legislative updates on the state's 2022 General Session. See also:

• Growing ECEAP
• Transitional kindergarten
  

Have you struggled to find childcare? 

For years in disability circles, families have reported high rates of refusal or removal, or requests to provide 1:1 support themselves. In terms of childcare research, this creates a desert, or absence of support for a particular community. 

Substitute House Bill 2082 - Assessing Child Care Access, focuses on childcare deserts for children with developmental delay or disabilities.

• Comment on HB 2082
• HB 2082: Background paper for childcare and children with disabilities

Why is this important? Because the Department of Children, Youth & Families has left out this demographic when assessing gaps in childcare access. The bill was rewritten in committee but still focuses on the developmental disability community and still tries to gather information the state needs to resolve lack of access. The bill:

• Requires the Department of Children, Youth & Families (DCYF) to conduct competitive procurement as necessary to conduct a statewide assessment of child care access for families of children with developmental delay or disabilities
  
  
• Requires DCYF to partner with the Office of the Developmental Disabilities Ombuds and the Office of the Superintendent of Public Instruction to review the statewide assessment and make recommendations to increase the availability, affordability, and accessibility of childcare for families of children with developmental delay or disabilities.

The bill is waiting for a vote in the state House of Representatives. If approved, it moves over to the state Senate for committee action and possible vote.

• You can read about the bill and track its progress here
  
• If this matter is important to you, please comment here. This state legislative website link takes you to a comment form that is sent to your elected members.
• For the wonky: We created an informal policy paper that reviews the situation families of children with disabilities find themselves in, including information about programs and relevant disability and civil rights law.

 

WA schools need assistance implementing ideals of IDEA

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 4^th lowest for most inclusive setting and 4^th highest for most segregated.
  
  
• For ages 6-21: Washington is 8^th lowest for spending 80 percent or more of the school day in a regular class.
  
  
• For students with intellectual disabilities, we are 2^nd 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:

• List of performance plan indicators
  
  

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.

Relief act could jeopardize access to education

Provision calls for waivers to civil rights protections under IDEA and Section 504 of the Rehabilitation Act

• ACTION ALERT FROM INVESTING IN STUDENT POTENTIAL

• If you prefer to call or send your own communication, see below for talking points and contact information for Congress

The sweeping effect of COVID-19 on our public education system is unprecedented, with physical buildings closing and teachers and families scrambling to create quality learning at home.

Collaboration and innovation among educators have never been more critical and it is essential that Congress ensures schools and families have the resources to adapt so all our children are educated.

What we cannot do is roll back civil rights protections and sacrifice the future of more than 200,000 students with IEPs or 504 plans. They make up 18 percent of Washington’s student body.

Tucked into the third COVID-19 relief bill, Coronavirus Aid, Relief, and Economic Security Act,  is an alarming provision that directs the Education Secretary to report back to Congress within 30 days on waivers needed for IDEA and Section 504 of Rehabilitation Act of 1973. These laws ensure equal access and a free and appropriate public education for students with disabilities. Prior to these acts, children with disabilities could be and were banned from schools and denied an education.

The current bill under review also gives Secretary DeVos broad waiver authority over the Higher Education Act (HEA), the Elementary and Secondary Education Act (ESEA) and Carl D. Perkins education laws.

Our children do not need their rights waived away. They need access to distance learning so that they can thrive and fulfill their potential, and they need a strong healthcare system that can see us through this pandemic so they can return to physical classrooms.

In Washington, our public schools serve about 161,000 students (14.1 percent of the student body) who qualify for special education pre-K through grade 12. Another 45,000 (3.9 percent) have accommodations in place under Section 504.

Rolling back civil rights protections for more than 200,000 Washington youth would be devastating. Human potential is our state’s most prized asset.

There is no place for sanctioned discrimination in our schools. Every student deserves an equal right to education and the opportunity to thrive.

*The Arc of King County is a founding member of Investing in Student Potential - a coalition to support students with disabilities - and sits on its steering committee.

HOW TO CONTACT CONGRESS:

Senators Patty Murray and Maria Cantwell represent all Washington. You also have a US representative, determined by where you live. You can find your representative here

King County is represented by U.S. Representatives Pramila Jayapal, Adam Smith, Suzan DelBene, and Kim Schrier.

CALL: (202) 224-3121. This is the U.S. Capitol Switchboard. An operator will connect you directly with the Senate or House of Representatives office you request.

EMAIL:

Email Senator Patty Murray
Email Senator Maria Cantwell
Email Representative Pramila Jayapal
Email Representative Adam Smith
Email Representative Suzan DelBene
Email Representative Kim Schrier

SAMPLE MESSAGE

Do not sacrifice the civil rights of students with disabilities

Re: Coronavirus Aid, Relief, and Economic Security Act

Dear Senator/Representative

Please affirm the human rights of students with disabilities remove the provision in the third COVID-19 relief bill - Coronavirus Aid, Relief, and Economic Security Act – that directs the Education Secretary to report back to Congress within 30 days on waivers needed for IDEA and Section 504 of Rehabilitation Act of 1973.

These laws ensure equal access and a free and appropriate public education for more than 200,000 students with disabilities. That’s 18 percent of the student body in Washington’s public schools.

Our children do not need their rights waived away. They need access to distance learning so that they can thrive and fulfill their potential, and they need a strong healthcare system that can see us through this pandemic so they can return to physical classrooms.

The sweeping effect of COVID-19 on our public education system is unprecedented, with physical buildings closing and teachers and families scrambling to create quality learning at home.

Collaboration and innovation among educators have never been more critical and it is essential that Congress ensures schools and families have the resources to adapt so all our children are educated.
What we cannot do is roll back civil rights protections and sacrifice the future of Washington’s students.

Sincerely.

K-12 Inclusion - as told in graphics

Nationally, more students with disabilities served under IDEA are being educated alongside their typically developing peers. The U.S. average was 63 percent of students with disabilities spending at least 80 percent of their time in a regular classroom.

In Washington state, that number is just 55.2 percent.

For students in Washington with an intellectual disability, it is just 6.3 percent.

Washington continues segregate out students with disabilities at much higher rates than the national average.

The top 10 for least restricted environment*

• Alabama - 83.5 percent
• Vermont - 76.8 percent
• Nebraska - 76.7 percent 
• Puerto Rico - 76.3 percent
• BIE schools - 74.3
• Kentucky 73.8 percent
• Colorado - 73.6
• Oregon - 73.5
• North Dakota -73.2
• Florida & Indiana - 72.6

LRE defined as students with disabilities spending at least 80 percent of their time in a regular class

 Lowest rates of least restricted environment, by category:

 Limited English proficient

• Hawaii - 22.8 percent
• New Mexico - 42.5 percent
• New Jersey 44.7
• The average was 59.1 percent; Washington was 52.3 percent
• Most inclusive: Nebraska, at 86.1 percent

Emotional disturbance

• California - 30.9 percent
• Arkansas - 32.2 percent
• New York - 32.2 percent
• The average was 47.2 percent; Washington was 43 percent
• Most inclusive: Puerto Rico, at 71 percent

Intellectual disability

• Illinois 4.2 percent
• Nevada 5 percent
• California & Washington - 6.3 percent
• The average was 17 percent; Washington was 6.3 percent
• Most inclusive: Iowa, at 66.1 percent

 



SOURCE: 40th Annual Report to Congress on the Implementation of the Individuals with Disabilities Education Act, 2018  Data is from the 2015-16 school year.