Special Education/IDEA
A number of federal guidelines are in place to ensure that children's special educational needs are met. The Individuals with Disabilities Education Act (IDEA) states that "children with disabilities" are entitled to "free, appropriate public education which includes special education and related services, to meet the unique needs of all disabled individuals between the ages of three and 21." Examples of related services are physical therapy, occupational therapy, speech therapy, counseling, sign-language interpretation and classroom aides. Below are listed IDEA categories of disability:
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If you feel your child meets one of the listed criteria, ask the school principal or director of special education for the necessary paperwork. Your child's doctor will have to provide documentation. Your child will undergo a series of evaluations that will help determine whether she is eligible for services. Sometimes, evaluations do not show a deficiency until several years after treatment is completed. Reassessments are made every three years. However, studies indicate that children treated for cancer may need more frequent testing.
If the school is unwilling to test your child, ask your doctor for a referral to the hospital psychologist for appropriate testing and recommendations, then share those test results with the school. Strongly encourage the school to do as much testing as possible, as it is often not covered by health insurance. The education consultant at the hospital can assist you with this process.
Special education is defined as "specially designed instruction, at no cost to the parents, to meet the needs of a child with a disability (34 CFR, Sec. 300.17)." Local and state governments interpret and implement the federal guidelines differently. Special education includes everything from classroom instruction to special accommodations and related services. Education must be provided in the least restrictive setting, which means that your child will not necessarily be placed in a special-education classroom. Write or call your local school district to obtain a copy of its special-education policies and services. Click here for a list of special-education resources by state.
IDEA specifically empowers you to advocate for your child and work as an equal partner with the school to develop an Individualized Education Program or (IEP). This will provide the framework for your child's education. In developing the IEP, you will attend each meeting and share your concerns, questions and special factors, as well as discuss ideas about your child's education.
All students who qualify for special education and related services are also protected by federal law under Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination by any federally supported organization against qualified students with disabilities. Section 504 upholds students' equal access to educational services even if they are not eligible under IDEA.
In order to qualify for Section 504, your child must have a physical or mental impairment (a cancer diagnosis is considered an "other health impairment") that substantially limits a major life activity, such as school attendance.
Under Section 504, a disabled child may receive benefits from any educational program (preschool, elementary and secondary) that receives federal funds. This allows the child to receive nonacademic services, such as special transportation, after-school care or special activities. In addition, your child will be exempt from the school's attendance policy, if one exists. Do not discontinue your child's 504 Plan just because his treatment has ended.
Your state's Parent Training and Information Center serves parents of children with all disabilities to effectively advocate for their children's educational rights and services. Its mission is to ensure that all children with special needs receive an education that allows them to meet their personal goals. To find your state's information center, go to www.taalliance.org.
