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LEGAL INFORMATION
Legal Guarantees
School Accommodations for Children With Cancer
The 504 Plan
The Individualized Education Plan
It is important for children with cancer to get back to school
as soon as possible for many reasons. Reestablishing normal routines
is important. Seeing friends and going to classes are part of a
child's typical day. Below is a description of the legal accommodations
schools must make for children with chronic illnesses, such as cancer,
to help you prepare for the 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. A child with cancer
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 results in reduced
strength, energy, or alertness, which 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 for the child's medical condition.
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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.
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 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, including such accommodations as 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. Some children are so debilitated by their
treatments that they need to be educated in the home environment.
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.
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