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LEGAL INFORMATION
Legal Guarantees
School Accommodations for Children With Cancer
The 504 Plan
The Individualized Education Plan (IEP)
If your child has cancer, the thought of him or her returning to
school might be far from your mind right now. However, it is important
for your child to get back to school as soon as he or she can, for
many reasons. Reestablishing normal routines is important. Seeing
friends and going to classes are part of your child's typical day.
As much as you have learned about your child's medical condition,
there is some legal information you should be aware of as you plan
for your child's return to school.
Legal Guarantees
Under United States law, every school-age child, regardless of disability
level, is entitled to a free public education. While you might not
think of a child with cancer as being disabled, he or she can be
considered to be "Other Health Impaired" under the Individuals
with Disabilities in Education Act (IDEA). This means that a child
has a medical condition that causes reduced strength, energy, or
alertness, and negatively affects his or her performance in school.
Legally, under both IDEA and the Americans with Disabilities Act
(ADA), certain changes must be made to a child's typical school
day to provide an appropriate level of education that accommodates
the child's medical condition.
School Accommodations for Children With Cancer
Depending on the needs of the child with cancer, parents will work
with the school to set up either a 504 Plan or an Individualized
Education Plan (IEP). Both the 504 Plan and the IEP are legal documents
protected under IDEA and ADA that outline a child's special
needs in school. These plans are established during meetings between
a child's parents and school personnel. The 504 Plan refers
to accommodations made in the child's regular education
class. The IEP is used to outline a child's needs in a special
education class and usually involves more detailed coordination
with the school's special education services and teachers.
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The main difference between the 504
Plan and the IEP is the location of services.
The 504 Plan is for services given in regular education classes.
The IEP is for services given in special education classes.
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Services in both the 504 Plan and the IEP can include the following:
- The school nurse administers all medications to the child during the school day.
- The school provides a place for the child to rest during the day, and the child is allowed to take rest breaks during the school day, as needed.
- The school provides water and appropriate snacks to the child.
- A behavior plan is established to monitor the child's moods.
- Penalties regarding absenteeism and tardiness are waived.
- The child's workload is reduced; other accommodations include more time to finish tests and less homework.
- Additional services are provided, as needed, including speech, physical, or occupational therapy.
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The 504 Plan
Most children with cancer will likely fall into the 504 Plan category
if they are classified as "Other Health Impaired" by IDEA because
they will probably be able to stay in their regular education classes
rather than attend special education classes. Establishing the 504
Plan can begin with a letter from the child's doctor describing
the child's condition and how it will affect school performance.
The 504 Plan is usually set up within the first few weeks of a child's
return to school; there is no legal timeline of services. Parents,
teachers, and other school personnel work together to determine
the scope of services needed for the child to return to school.
The 504 Plan can include any or all of the services listed above.
The Individualized Education Plan (IEP)
Other children with cancer may experience more severe learning problems
as a result of their cancer or treatments. This can mean that a child
needs to spend time with a special education teacher for part or
all of the school day to move at a slower pace and receive
enough attention to master lessons. Some children are so debilitated
by their treatments that they need to be educated in the home environment;
visit Home Tutoring for
more information about this option. The child's parents and
school can include either of these options in the IEP once the child
qualifies for these services. A child must be assessed both academically
and psychologically to determine if he or she qualifies for the
IEP. Generally, the IEP is more complicated than the 504 Plan, as
it encompasses more services. There is a legal timeline for implementing
the IEP, and a team that includes the child's parents, special
education teachers, other school personnel, and additional therapists,
as needed.
If you are in doubt about what
kind of services your child will need when he or she goes
back to school, talk with the doctors on your child’s
treatment team. They may be able to explain the range of strength,
energy, and alertness you can expect your child to experience
during and after cancer treatments. You may also wish to talk
with the school counselor or psychologist before setting up
a meeting with teachers.
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