My Child Is Suffering From A Mental Health Issue

By JoAnna Seliq, Executive Director-Advocates for Education and Michelle Woodward, Ed.S. Director- Advocates for Education

Does He/She Qualify For School Services?

My daughter, Olivia, was always an excellent student with no behavioral issues. She had a sudden onset of mental health issues that severely limited her ability to function at school. I tried to do all the right things. I took her to our family physician, enrolled her in counseling and started her on medication. She would drive herself to school, but wouldn’t get out of the car. She was unable to enter the school because of her anxiety and tears. The doctor wrote her a script advising her to engage in online or distance learning, and to only go into the school to take exams (much like schools do for other temporarily homebound students). Unfortunately, the school refused to follow the advice of the doctor. The school claimed that they were unaware of any issues concerning Olivia. Not one teacher noticed her decline in attitude, grades, social skills, etc. As her mother, this was very upsetting. My children had been in the same school district throughout their K-12 education. The fact that no one acknowledged or observed her struggle was unreal to me. She was a straight “A” student that was set to graduate at the end of her junior year.

I emailed and phoned the principal, as well as the school counselor. No one would help me. The truancy officer was the only one contacting me. In the meantime, Olivia was missing out on her education. After consulting with our family physician to verify that she was entitled to accommodations, I reached out to an educational advocate. She offered to come to the school with me to advocate for Olivia. We scheduled a meeting with the principal, vice principal, and school counselor. We left the meeting with a Section 504 Service Plan in place to assist my daughter as she struggled to heal from mental illness.

Olivia flourished with the appropriate accommodations. In fact, she was able to graduate after only five semesters of high school. However, Olivia’s stellar academic record, very involved parents, and the support of her physician did not protect her from falling through the cracks. Without advocacy efforts, I don’t know what would have happened. I worry that families are unaware of the services schools can provide for students like Olivia. In my experience, schools aren’t quick to offer up services. It is so important to learn about educational laws pertaining to all types of disabilities. – JoAnna Selig

What is a Section 504 Service Plan? Is it the same thing as an Individual Education Plan (IEP)? Many of us, especially those of us with school-aged children having special needs, are aware of Individual Education Plans (IEPs). IEPs fall under the 2004 Individuals with Disabilities Education Act (IDEA), which requires public schools to provide students with disabilities (and who meet the statutory requirements) a free and appropriate public education. This means that children with disabilities have the right to receive educational services, accommodations and/ or modifications appropriate to their needs at public expense. Children must fall within one of 13 disability categories to be eligible for services. The process to determine if a child qualifies for services under IDEA is an exhaustive one, often taking months to complete. If it is found that a child qualifies for services under IDEA, the public school must convene an IEP team, made up of the student’s parents or guardians, teachers, and other professionals to develop an Individualized Education Program (IEP).

of 1973 and the Americans with Disabilities Act, not IDEA. Unlike IEPs, Section 504 Service Plans do not require extensive data collection, observations, psychoeducational testing, and/or various assessments to initiate. In order to qualify, a student must be “otherwise qualified” and have (a) a physical or mental impairment that substantially limits a major life activity (in this case, his/her education), (b) a record of such impairment, or (c) is regarded as having an impairment. Section 504 considers a physical or mental impairment to be one that is (a) a physiological disorder or condition, (b) a cosmetic disfigurement, (c) anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech) organs, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine, or (d) any mental or psychological disorder (The Americans with Disabilities Act Amendments Act of 2008).

Section 504 Service Plans are different. Section 504 Service Plans fall under the Rehabilitation Act

Coverage under IDEA is usually preferable to coverage under Section 504 of the ADA. This is primarily due to the safeguards in place under IDEA to protect the rights of students with disabilities and their parents. However, sometimes children don’t qualify for services under IDEA because they don’t fall within one of the 13 eligibility categories. There is also a possibility that the student is suffering from a medical condition and needs a plan in place without delay. These are times a Section 504 Service Plan may be warranted. If you think your child may qualify for a Section 504 Service Plan, please request a Section 504 meeting with representatives from his/her school. – Michelle Woodward, Ed.S.

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Elizabeth A. Homes is a special needs planning and elder law attorney. She has been licensed and practicing law since May of 2014. Her practice at the Law Office of Elizabeth A. Homes LLC is focused on Special Needs Planning, Guardianships, Elder Law,

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