Speak Out!

Ask the Advocate

How Can I Get Accommodations for My Child in School?

Families can have problems when their child has a chronic health problem that limits their ability to attend and/or benefit from their education. Families may face truancy charges, and the children may face criticism and punishment in school.  Federal and state law prevents a child from being punished for a manifestation of his/her disability, even if that disability is short term. A disability determination is based on if the physical or mental impairment substantially limits one or more of such person's major life activities. Life activities include learning!

Children with such conditions are entitled to either:

1.  A Section 504 plan, which would be a written plan to address his disability.  In PA is it also called a Chapter 15 plan.
2. Or a written Individualized Education Plan (IEP), if the child actually needs modifications to the instruction- not just accommodations like extra time- to benefit from his education.  Then he/she would be eligible for special education.
3. Resources on Section 504 Plan vs. Special Education Eligibility :
   
   The American Diabetes Association has a good resource on rights for children with health problems online at http://www.diabetes.org/advocacy-and-legalresources/discrimination/school/schoollaw.jsp .  While this is specific for Diabetes, it applies to any chronic health problem, including mental health.
   
   A comprehensive resource that details the differences between these two options is Wrightslaw.com.  You should be able to find what you need on the website without buying any books or CDs. http://www.wrightslaw.com/info/sec504.idea.eligibility.htm
4. Protection for Families & Others Advocating for a Child with a Disability.
   
   Both the Americans with Disabilities Act and the Rehabilitation Act of 1973 prohibit school districts from retaliating against a person acting on behalf of another person. That includes a parent advocating for their child.  For example, parents should not face truancy charges if they keep their child home from school because the child has documented chronic health problems.  Instead, the parent should provide the documentation to the school and the school should accommodate the child’s needs, including absences.
5. Help from the State.
   
   You can call the Dispute Resolution Line at the PA Department of Education to report your schools lack of accommodation and discuss options.
   http://odr.pattan.net/ or call 800-879-2301.
6. Help from Advocates
   
   There is a list of local family advocates on the Newsletter website. If your county has a project, you can call that advocate for more help.
   http://pachildrensnews.org/resources_local.htm