When I wrote “Know Your Rights”: a guide for patients with inflammatory bowel disease, and began to defend patients with chronic diseases, I did not expect the number of problems faced by parents and their children with IBD with schools. Issues relating to equality in education are complex, and the relevant material is significant.
This summary is necessarily very generic and removes many important details. To learn more, families should contact the government agency (unfortunately, there is no common name for these agencies) funded, at least in part, by the federal government to help ensure federal law requirements are met. The new edition of Know Your Rights:
A directory of chronically ill patients, available at As You Sow, So Shall You Reap, contains a longer version of this article.
There are two relevant laws, the Education for Persons with Disabilities Act (IDEA) and Section 504 of the Rehabilitation Act 1973 (“Section 504”). Article 504 applies to recipients of federal funds, while IDEA applies to government and local education agencies. Section 504 relates to all levels of education from school to college and even to higher schools that accept federal funding – but IDEA applies only to primary and secondary schools.
IDEA states that a child with a disability who needs special education is entitled to appropriate public education, including the preparation of the IEP or IEP. IDEA defines a child with disabilities to include children with disabilities. Mental retardation, hearing, speech, visual or linguistic disabilities, serious emotional disorders, osteoporosis, autism, brain injury or other health impairments or special learning disabilities that require special education as a result. Children with inflammatory bowel syndrome are “other health conditions”.
Under IDEA, the first requirement for states is to “identify, identify and evaluate” children in need of special education services (called “finding children”). Once the children are located, IDEA requires states to meet the needs of these children.
The core of IDEA is IEP. Under IDEA, States are required to make an assessment before granting special education benefits. The assessment determines whether the child is a “child with a disability” and has special educational needs. The school should start the process, which must give notice to the parents. The child should be tested and evaluated using a variety of tools. After completion of this evaluation, IEP is drafted.
The purpose of the Rehabilitation Act was to promote the mainstreaming and integration of persons with disabilities. This statute goes beyond education to any program funded by the federal government and provides protection against discrimination on the basis of disability. We focus here only on Section 504 as it relates to education.
Article 504 states that disabled children can not be deprived of the benefits of any program that receives federal financial assistance, including public education. Standards are applied to determine whether or not a child is disabled in the Americans with Disabilities Act (ADA). If your child meets the ADA definition for a person with a disability, he or she will meet the definition of a student with a disability under section 504.
The limited space allowed here prevents a detailed test explanation to see if a person has been disabled by the ADA. In general, under the ADA, a person is disabled if he or she has a physical or mental disability that severely limits one or more major life activities. Major life activities include eating and disposing of bodily waste.
Pre-school, primary and secondary education
Children with disabilities are entitled to “free and appropriate public education” regardless of the nature or extent of disability. By borrowing many of the procedural aspects of the IDEA, the regulations suggest that one of the options for compliance with Section 504 is the development and implementation of the IEP program, as required under the IDEA. However, schools do not have to use the IEP model as long as the assessment and plan are made. Under Section 504, any assistance received by a student from a school must be provided free of charge.
Section 504 refers to different educational settings. Students with special needs, eating meals, and participating in activities with other students, will be taught in the same facilities, to the extent possible. When attendance in an attachment other than the usual semester is required, it should be as comparable as possible.