Did you know that kids with disabilities who get good grades may be eligible for 504 plans? Yes!
The Office for Civil Rights (OCR) restated this fact AGAIN in their “Parent and Educator Guide to Section 504” (see page 5, page 14, and page 21).
Parents of children with disabilities and teachers — you need to download and study this (free) Guide, packed with useful info.
If you are running into roadblocks from school staff, bring an extra copy of two of this Guidebook for members of your team.
Re “passing grades”
The Guide says:
School staff should note that a student may have a disability and be eligible for Section 504 services, including modifications, even if the student earns good grades. This is because the student’s impairment may substantially limit a major life activity regardless of whether the student performs well academically… For example, a student who has dyslexia and is substantially limited in reading finds it challenging to read the required class material in a timely manner.
The Guide also covers special education under Section 504 and the IDEA.
The Resource Guide provides an excellent overview of the rights of students with ADHD and describes school districts’ legal obligation to evaluate and provide educational services to students with disabilities. For example, the school:
- Must evaluate a child when the child needs or is believed to need special education or related services.
- Must provide services based on the child’s needs, not on generalizations about disabilities or ADHD.
- May not rely on assumption that a child who performs well academically cannot be substantially limited in major life activities, including reading, learning, writing, and thinking. In fact, a child who performs well academically may also be a person with a disability.
- Must evaluate children who have behavioral difficulties and children who seem unfocused or distractible as they may have ADHD.
- Must provide parents and guardians with due process and must allow them to appeal decisions regarding the identification, evaluation, or educational placement of their children with disabilities, including children with ADHD.
If you have questions about getting services for your child or student with a disability, this Guide is a must read.
Students with ADHD: Know Your Rights – This two-page summary of student and parent rights under Section 504 contains useful information for any parent or older child who may have a disability.