Federal Legislation to Protect your Teen with Cancer: IDEA and Section 504

Special needs services are in place for students who need help to do well in school. There are two different federal laws you should know about:

• The Individuals with Disabilities Act (IDEA) is a law that provides special education and related services for disabled and special needs students.
• For those students whose disabilities are less severe, there is Section 504. This is a law that requires schools to make accommodations for students with special needs.

Students who receive IDEA or Section 504 help usually stay in their regular classroom. But the class and instruction are changed to meet their special needs.

There are several steps involved with accessing services through IDEA and Section 504.
Below are brief descriptions of these steps to help you know what to expect

Start With A Referral

A committee from the school district will decide if your child can receive IDEA or Section 504. To begin this process, you should submit a referral for evaluation to the school district.
Typically, a referral is a written document that includes:

• Information about your child’s health condition
• Why you think or feel your child needs IDEA or Section 504 services

Check with your school district for a standard referral form.

Fill Out a Medical Release Form

To process a referral, the school district may need your child’s medical records/history. You will need to complete a confidential release of information form. This form allows your hospital or doctor to provide medical information to a specific person at the school. Ask your school district for a standard release form.

The IDEA Process

If the evaluation committee decides that your child should be considered for IDEA, here’s what will most likely happen:

• Your child will be more thoroughly evaluated. This evaluation will be specific to your child’s situation and may include scores from:
  • IQ tests
  • Achievement tests
  • Reading tests
  • Psychological exams
• A team (you, people you invite, and school professionals) will go through the evaluation results. The team must decide which area within IDEA applies to your child’s health condition.
• Depending on the results of the IDEA evaluation, an Individualized Education Plan (IEP) may be designed for your child. This plan lists the specific educational and additional services that your child may receive. The IEP will be reviewed each year for new changes, and completely reevaluated every three years.

Under IDEA, you have the right to ask for an Individualized Education Plan (IEP) for your child. To learn more about IEPs click here.

Section 504 Process

If your child does not qualify for services under IDEA or if the school committee decides your child should be evaluated for eligibility under Section 504, here’s what is likely to happen:

• A committee will decide your child’s eligibility under Section 504. Whether you are a part of this team is an issue of school policy.
• The evaluation will be based on your child’s medical records, school records and teacher and parent input.
• Based on this evaluation, a 504 plan will be created that lists the accommodations and services that your child will receive. These services may include:
  • Classroom modifications
  • Having a tutor or other special help
  • Peer tutoring
  • More time on tests
  • Better seating
  • Copies of teacher’s presentation materials
  • Help with taking notes
  • Extra time moving between classes or help doing so
  • Special services
  • Occupational Therapy (OT)
  • Physical Therapy (PT)
  • Speech Therapy
  • Extra books to use at home
  • A locker that is easy to access
• The committee will review the 504 plan on a regular basis.
  For more information about IDEA and Section 504, visit AboutOurKids.

Thanks to Ernest Katz, Ph.D., Julia Challinor, RN, Ph.D., MA. ED., and Mitch Golant, Ph.D. for their permission to use and adapt the above information.