Section 504: OLD ACCOMMODATIONS NOT ENOUGH?

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Christy:  My daughter has ADHD. A 504 plan was implemented at the end of her 4th grade year. She just transitioned to middle school and the accommodations she has are just not enough. I’ve had meetings with teacher and counselors and expressed frustration over her organizational skilled, not writing down homework, not being able to keep up for notes, not advising me of upcoming test, etc.
Her psychiatrist has written a letter with a request for 4 additional accommodations for our upcoming meeting at the end of the month. Can a school deny what her psychiatrist has deemed is needed?

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Christy –

Yes, the school can deny the psychatrist’s recommendations. They are ultimately responsible for the content of the plan, and can choose to disregard or completely ignore input from other sources. Such is the downfall of Section 504.

Here are some options you have…

You can ask the school for a meeting to discuss issues with the 504 Plan. They can deny your request, but it’s always best to start there.

If you’re worried about the plan not being implemented as written, you can file a complaint with OCR. If you strongly disagree with the content of the 504 Plan, you can request a due process hearing. The school should give you information on both of those options, if you ask. If not, contact OCR (http://www.ed.gov/ocr).

If you think your daughter needs more support than a 504 plan could offer, you can request that she be evaluated for eligibility under IDEA.

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