On any school day, you can see them marching to school. Like little soldiers hauling their gear -- backpacks stuffed with pencils, notebooks, and lunch money -- they tackle the challenges of the new day.

But when your child also brings to school a health problem or disability, it is important to understand how the law can help you get all the special needs resources he or she needs.

Two federal laws protect children with health or learning problems: Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA), which provides families with a system for obtaining a special education IEP.

Although the application and services of each law differ, they both label the children they protect "disabled." This word can be troubling in social circles, especially among children, but it is an empowering word under the law.

These anti-discrimination laws give rights not only to people faced with life-altering disabilities but also to people with much more common problems like asthma, diabetes and learning disabilities.

No matter what you call them, children need special help when their physical or emotional problems interfere with learning. And parents who understand their rights and responsibilities can make the law work for their children. 

Knowing the Law

So what exactly do these laws do?

Of the two laws, Section 504 covers a wider range of disorders and requires less testing and medical evidence to prove a child is eligible for services. It is a brief provision that simply prohibits discrimination on the basis of a disability in all programs that receive federal funding, including schools.

The definition of "disability" is very broad under this law, but covers any physical or mental impairment that limits one or more major life activities, like going to school. Section 504 may provide asthmatic students with extra time to use their inhalers or exemption from physical activities that could make them sick. Or it may give diabetic students a private place to receive their injections or blood glucose tests.

Notice the word "may." Some people feel one of Section 504's major flaws is that it does not spell out what schools and parents need to do. When disagreements come up about what kind of care should be provided, there are no definitive answers in Section 504.

While the law was written to include and accommodate many, it can sometimes cause a confusing mess of interpretation and lead to a stalemate between schools and families.

That's where IDEA comes in. Amended in 2004, IDEA is similar to Section 504, but is much more specific about its functions. IDEA applies specifically to the education of those age 3 through high school graduation. It also provides federal grant money so states can make their schools accessible and user-friendly for people with disabilities.

But in order to determine students' eligibility to special rights and programs, IDEA requires extensive formal testing that Section 504 does not. And IDEA uses a much stricter definition of the word "disability." Because of its more specific language and programs, it is much easier for parents to know their rights and for schools to provide those rights under IDEA. 

Approaching the School

So what does all that mean in the real world?

If you have a child with special needs, here's how to approach your child's school:

  • Talk to your family physician and get specific instructions in writing. It will be a lot easier to request services from the school if you can tell them exactly what your child needs. 
  • Request a meeting with all teachers, school personnel and medical staff who normally see your child during the day. Talk openly about your child's needs and be willing to accept responsibility for your part of the work. 
  • Approach the situation not as a confrontation or demand but as a joint effort at keeping your child healthy and safe.

Above all, remember that no matter how much hassle it is for parents and schools to accommodate an illness or disability, the child is the one most inconvenienced and frustrated by it.

When kids feel different from their peers they may lose confidence and worry if they will still be liked. You won't help if you show your anger and exasperation with the process. Make the illness or disability a safe subject to discuss and assure your child that everyone involved is working toward the same goal -- to make school a fun and healthy place to be. 



Kelly O'Connor is a writer and a journalism student at the University of Michigan.