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Home > Doing Your Homework > Can the School Retain an Honor Student Because of Health Needs? by Sue Whitney |
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Doing
Your Homework:
Sue's Response Learn the Difference Between Section 504 and IDEA 2004
Your daughter has a disabling condition that affects a major life activity – breathing, for starters, and her immune system. Read more about Section 504. She needs specialized instruction – she cannot always attend school when school is scheduled. Read more about IDEA 2004. Document Your Daughter's Health Condition The evaluation and documentation of her health condition would come from your daughter's physicians. Ask the treating physician to write a letter describing her condition in layman's terms. The letter should explain that she is not always able to attend school because of this condition, the treatment of this condition, or the complications of this condition. If the school finds your daughter eligible for special education under IDEA, the IEP team has more flexibility to design an individualized plan to ensure that she is getting all the instruction offered in the subjects/classes she missed or will miss.
Tip: Be careful. You want to be sure she gets all the instruction the other students have had, not just a passing grade on completed work. You do not know what the future will bring. Even if the outcome is the same this year, you should still have a plan for future illnesses or complications in place. You are a member of any team under IDEA that makes decisions about your daughter's education. Request an Eligibility Meeting Requesting an eligibility meeting under IDEA in writing. Eligibility offers your daughter some protections in the future, get a system in place, and prevent retention based upon her health needs. Write a letter asking for an eligibility meeting (under IDEA 2004). Use this letter template to request an eligibility meeting for special education services and specialized instruction. Write your letter in a standard business letter format.
Read this information about writing letters. Consult an Advocate or Attorney Since you are new to this, I suggest you consult with an advocate or attorney so that you do not waste time or get off track without realizing it. You are likely to be the only person at the table who does not know the rules of the game. Yellow Pages for Kids Legal and Advocacy Resources Contact Other Resources Establish a contact with other agencies that may be able to walk you through the system as problems arise, hopefully, before problems arise. Your State Department of Education Provide Documentation to the School Good records are important for effective advocacy. Provide the school with a copy of your doctor's letter. This is the absolute minimum you should do.
Review the Model for a 504 Plan Work out the 504 plan and health plan yourself. Have your daughter's physician approve and sign the medical plan. Take a copy to both the nurse and the principal. They will probably meet after that but you will have all your documentation in place.
Meet Sue Whitney In Doing Your Homework, she
writes about reading, research based instruction, No Child Left Behind, and
creative
strategies for using federal education standards to advocate for
children
and to improve public schools. Her articles have been reprinted by SchwabLearning.org, EducationNews.org, Bridges4Kids.org, The Beacon: Journal of Special Education Law and Practice, the Schafer Autism Report, and have been used in CLE presentations to attorneys. Sue Whitney's bio. Copyright © 2002-2018 by Suzanne Whitney.
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