Initial Evaluation for Special Education.
An initial evaluation is the process used to determine whether a student age 3 through 21 has a qualifying disability and is in need of special education and related services to receive a free, appropriate public education. The school district or other public school has 35 school days from the time a student's parent provided consent for an evaluation to determine the student's eligibility for special education. School days do not include school holidays or vacation days.
The initial evaluation process must assess the student in areas of suspected disability. The student may be assessed on cognitive, behavioral, physical, or developmental factors. The school district or public school must hold a meeting that includes qualified professionals and the student's parents to discuss the results of the evaluation and to make the eligibility determination.
Individualized Education Programs.
When a student is found eligible for special education, the school district or public school has 30 calendar days to develop the student's individualized education program (IEP). An IEP, which is written by an IEP team, guides the delivery of special education and related services for the student.
The IEP team must include: the student's parent, at least one of the student's general education teachers; at least one special education teacher; school staff qualified to provide, or supervises the provision of, specially designed instruction to meet the unique needs of students with disabilities, and who is knowledgeable about the general curriculum and the availability of resources; an individual who can interpret evaluation results and the related instructional implications; other individuals, at the discretion of the parent or the school, who have knowledge or special expertise regarding the student; and, if appropriate, the student.
Special Education Funding.
For each student in kindergarten through age 21 (K-21) receiving special education, the state provides the basic education allocation multiplied by either: (1) 1.0075 for students receiving special education and reported to be in the general education setting for 80 percent or more of the school day; or (2) 0.995 for students receiving special education and reported to be in the general education setting for less than 80 percent of the school day. However, the state special education allocation is capped at 13.5 percent of the school district's K-21 full-time student enrollment.
The federal special education allocation is primarily based on a school district's enrollment of K-21 students in special education.
Special Education Safety Net Funding.
Safety net funding is available to school districts that need more than what is provided through the state special education allocation. Safety net awards are provided using a combination of federal funds. The awarding of safety net funds is subject to, among other things, the following conditions:
The committee may award safety net funding to applicants for high-need individuals (HNIs) and for community characteristics that draw a large number of students eligible for special education. An HNI is eligible for a safety net award if the student’s IEP costs exceed 2.3 times the average per-pupil expenditure as defined in federal law.
Reimbursements for Costs of Special Education Initial Evaluation and Individualized Education Program Development During Three Summers.
For the following activities conducted during the months of July through September, 2023, 2024, and 2025, the Office of the Superintendent of Public Instruction (OSPI) must reimburse school districts, charter schools, and state-tribal compact schools up to:
(a) $3,000 for conducting initial evaluations for special education for eligible students; and
(b) $3,000 for development of individualized education programs (IEPs) including, if needed, assistive technology devices and services, for eligible students.
"Eligible student" means a student with an incomplete initial special education evaluation as of June 30 of the current year, who was referred for an initial evaluation prior to June 30 of the current year.
School districts, charter schools, and state-tribal compact schools without capacity to conduct these special education-related activities during the summer may contract for these activities to be completed by educational service districts or private organizations with expertise.
At the time and in the manner required by the OSPI, recipients of these reimbursements must submit the following information: (a) the number of hours of staff time spent conducting initial student evaluations, developing IEPs, and performing related administrative activities, disaggregated by staff type; and (b) the number of initial student evaluations conducted and IEPs developed, per month, between September 2021 and September 2024, disaggregated by student grade level or age, if in preschool.
Annually by December 1, the OSPI must report to the Legislature with a summary of the information submitted by recipients of the reimbursements and a commentary on the effectiveness of the reimbursements.
Safety Net Funding for Special Education Initial Evaluation and Individualized Education Program Development.
Beginning July 1, 2026, the special education safety net committee must consider extraordinary costs associated with conducting extraordinarily high numbers of initial evaluations for special education services and related services, and subsequent development of IEPs for the eligible students, during a school year.