My child is in 8th grade and has a 504 plan. On the most recent progress reports from her teachers, she received C's in three classes and an F in another class. I met with school personnel and requested that she receive more help. 

The principal said my child must receive a failing grade on her report card before they can test her. Until she fails, the principal cannot request testing.

The school says she must have a discrepancy between ability and achievement. But they will not evaluate her to find out if she has a discrepancy between ability and achievement. Before she was diagnosed with bipolar disorder, she was in gifted and talented classes. Now she is getting C's and an F.

The school also said that if she received services under an IEP, she would have to be in special education classes - she could not be educated in inclusive classes. Why doesn't the least restrictive environment law apply to her?

The school says they don't know what we want under an IEP - that there is nothing we can't get under her current 504 plan. 

Bottom line: the school will not evaluate her and will not consider an IEP.

From Wrightslaw

Section 504 is a civil rights law - the purpose of Section 504 is to protect people from discrimination because of disabilities. Think of Section 504 as the law that makes schools add ramps and elevators to buildings if this is necessary to give disabled children access to the same educational opportunities that are available to nondisabled children. Section 504 provides access and removes obstacles. Section 504 is not an education law. 

Many schools offer 504 plans instead of IEPs because Section 504 requires them to do less. Many school personnel do not understand the purpose of Section 504

Section 504 does not create a right to a free appropriate education from which the child receives educational benefit. If the child has an IEP, the child is protected from discrimination. Since your child has a disability and is struggling academically, she may need special education services under the IDEA.

BUT, before you do anything, you need to do some homework. You need to read both of these statutes on your own. If you don't, you will not understand the differences between the two laws that I have summarized here. You can get most of the information you need from the Wrightslaw site. Use the search feature.

Our book Wrightslaw: Special Education Law has the IDEA and Section 504 statutes and regulations and Pete's commentary about the pros and cons of both.

You also need to read the law and regulations about eligibility. I can tell you what it says (or doesn't say) but you need to read this for yourself. 

Kids can get passing grades and still have a disability and need help. If you have the book or can borrow one, you will see that the law does not mention grades, nor does the law say that a child needs to fail before the school conducts an evaluation to determine if the child if the child is eligible for services under the IDEA. 

Gatekeepers

If the principal thinks this is what the law says or s/he wants YOU to think this is what the law says, you need to know this because this may affect the outcome of your problem. 

The principal is acting as the gatekeeper, telling you they can't evaluate, so you will give up and won't take this further. If you force the issue, the school's evaluation will probably say your child is not eligible for special education - and her problems are probably all your fault!

You need to get a comprehensive evaluation of your daughter by a good child psychologist or educational diagnostician in the private sector who specializes in the diagnosis and treatment of children with disabilities. 

Explain the situation to the evaluator. After the evaluation, this individual can make recommendations about the services your daughter needs. This evaluation will tell you what's really going on with your child, what she needs - it is your roadmap. After you get evaluation results, you can decide what you want the school to do, based on the evaluation by a person who is not acting as the gatekeeper.

Get this evaluation BEFORE you request additional services from the school.

I know it's frustrating. Remember what gatekeepers do - this person is doing her job! 

If you take these steps, it is far more likely that your daughter will get the help she needs.