Students with special health or medical needs may qualify for an IEP or 504 Plan. Both plans give your child a right to special services and legal protections to keep her safe. What your child has a right to can depend on if she has an IEP or 504 Plan.

See Equip for Equality’s “How to Help Your Child Be Successful in School – Getting a 504 Plan or IEP” fact sheet to learn about getting the right plan for your child.

Your child may need:

• Nursing services in school so your child can take medicine every day or in an emergency.
• To bring her own medicine to class.
• To not have to do certain physical things like running a mile in gym class.
• Special safety steps like having a peanut- free table in the cafeteria.
• A paraprofessional or aide to monitor your child’s seizures.
• To bring a service animal to school.
• An emergency plan.
• To have school staff trained in your child’s condition and how to keep her safe.
• To have special equipment or an aide on the bus or during after-school activities.

If your child’s medical needs  will  make her miss more than ten school days, the IEP/504 team can set up home or hospital instruction. Your child’s doctor needs to fill out a form saying why your child’s condition will cause her to miss school. Ask the team to hold a meeting to discuss adding home-bound instruction to your child’s IEP/504 Plan.

To make a detailed IEP/504 Plan for your child, you should:

• Talk to your child’s doctor about what she needs in her school plan to be safe. Ask the doctor to write a letter to the school. The doctor should explain your child’s condition, the danger of it, any special services or help she needs (including any special qualifications and training of school staff), and what the school should do in an emergency.
• Talk to your child’s teachers and school staff to hear how your child’s condition affects her in school.
• Don’t assume the team will know about your child’s medical needs. Research your child’s condition, so you can explain it to school staff and her IEP/504 team.
• Join a group for parents of children with your child’s medical condition.

If you think the school is not following the plan, you should:

• Report problems in writing to the school.
• Ask for a meeting to discuss it.
• Have your child’s doctor or medical provider come to the meeting, call-in to the meeting, or write a letter.
• Ask for your child’s school records to see if there is proof the school is not following the plan.
• Ask your child’s doctor if she needs homebound instruction until you can fix the problem if you think she is not safe.
• Think about mediation, due process, filing a state complaint, or filing a complaint with the Office of Civil Rights (OCR) if your child has an IEP.
• Ask for an impartial hearing with the district or file a complaint with OCR if your child has a 504 Plan.
• Think about talking to an attorney.

Schools must also take steps to keep your child with a medical need safe outside of school. This includes when your child is on the bus, is in an after-school club or sport, or goes on a field trip. During your child’s IEP/504 meeting, talk with the team about the accommodations your child will need to be able to be in these special activities.