Advocating for a Child with ADHD – 504 or IEP?

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I’ve scheduled my daughter for a speech & language evaluation due to CAPD and potential expressive language disorder. She also has a diagnosis of ADHD Inattentive. Our school district goes to any means to prevent giving a 504 for ADHD. They say it does not substantially affect learning. How do I advocate for all her needs?

You need to get a copy of Section 504 and read it. Search the Wrightslaw website for information about Section 504. Contact your state Parent Training and Information Center (PTI) to see if they offer training on the topic.

Section 504 says that a child’s disability must adversely affect a major life function. Going to school is our kid’s job. It is a major life function!

The school says your daughter does not qualify for a 504 because she does not have failing grades. Get them to put it in writing.

A good way to do this without seeming adversarial is to use a comment like this. “Wow.  I did not realize that my daughter’s grades had to be failing for her to qualify for a section 504. Do you have a copy of that law and could you put that in writing?” Write a polite letter to the school with your request.

Look at this a different way.  A student has a physical impairment that prevents him from getting to class on time. He is making passing grades. An appropriate 504 accommodation might be more time to get to class.  Would the school deny this student a 504, just because he is making passing grades? How would that be equal access and opportunity? This is the promise of 504.

Eligible for an IEP under IDEA?

If my child had an ADHD diagnosis, I would request a complete evaluation.  ADHD often goes hand in hand with a learning disability. If your daughter has CAPD, then she should be eligible under IDEA for an IEP with speech/language services. The IEP should include accommodations for all of her needs. IDEA says school cannot deny a child services because she is passing and moving from grade to grade.

An IEP provides your child (and you) with more rights and protections than a 504 plan. If your daughter has a disability that adversely affects educational performance, she is eligible for special education services under IDEA.  If your daughter is eligible for special education under IDEA, she is protected under Section 504 (but the converse is not true).

This diagram always makes it easier for me when I am trying to help parents understand that a child with an IEP is covered by 504.

  1. I was just told that I could advocate to have my childs ESY be paid for by my childs school at a program more suited in my opinion in a different town. Im not great with words anyone have advice on how I can go about it.

  2. My son is in HS. He does have a 504 plan and the school is NOT following it. This is the first year that it hasn’t been followed. When it is followed he does fairly well. With it being his first year of HS he has failed almost all of his classes. I am at a loss. I don’t know what to do! I am going to pull him out next year and home school him. It just makes me wonder how many others this is happening to as well!!

  3. I am new to this stuff. My son is in 5th grade and barely passing, only because his father and I are sitting on him to get assignments completed. We’re at a catholic school. A recent neuropsych eval showed he has ADHD for sure, plus gifted intelligence, iq of 134. No learning disability, allegedly no memory problems. His trouble is more organization and executive functioning according to the psychologist. Doc said to get him meds, and get him an IEP from the public school The public school suggests a 504 might be enough. How do I know which he needs? 504 or IEP? I’m considering switching him to the public school, also.

    • I started my journey when son was in grade 5 with this exact problem same diagnosis etc and here I sit now ( he is finishing 9th grade has been a rough year for him) with zero services still. They finally agreed to a pathetically written 504 and I feel it’s a slap in the face.! I’m done with them and now am seeking a lawyer and no longer care about how they will think of me its my son and they have NOT provided him with tools he needs for success. Don’t give up! I wish I knew more back then maybe he wouldn’t STILL be struggling 5 years later. Request full cse evaluation at district special Ed office. I am not sure of rules aT private schools if they are different or not but since these are legal matters I suspect the same laws apply.

      • I hope it gets better for you Lori! My son wound up finishing the year with better grades, but not what he is capable of, certainly. He is now on meds and seems to be okay with them, though I don’t yet notice much difference in behavior. Both public school and our current catholic one have said they could do the modifications suggested by the doctor from the neuropsych eval, now we are just trying to make up our mind where to send him next year. (His sister is almost definitely switching to a gifted school but we did not test him last year for that so cannot do that with him, yet. Will test him this year through school system for that.)

  4. My daughter , she is in 2nd grade has been tested by the school district they found my daughter to have low scores in writing, reading and language but high enough scores where she does not qualify for special education. She recently been diagnosed with adhd and she does have an iep. Can I get her tested privately and if they find she has a learning disability can the school district follow the doctor’s recommendation?

  5. For a year and a half, I have mistakenly thought a 504 plan was put in place for my son. We have heard the same comments since Kindergarden. “He’s so smart, if only we could get him to do and turn in work” He is now a sophomore and has F’s in all but 1 class. I am now being told, we never set a plan in place, we only discussed it. He had been evaluated and the doctor recommended a 504 plan, in fact he said I should demand it. Here I thought the school was just really trying to work with me on one, when in fact they were not. Yes, they try to set up study groups, which he attends, but a big part of his problem is forgetfulness. This morning he tried to turn in vocabulary that he actually finished last week, only to be told by the teacher no, it was due 15 minutes ago. I’m frusterated!

    • You need to get him a IEP and have extended time put in it. Plus you need to go to that teacher and hand her the paper and let her tell you no it was due 15 mins ago etc… goodness you need to stand up to her!!!

    • Teacher sounds rotten! How awful for you and your child I am so sorry When you say your child has been evaluated do you mean by the doctor or your school district? The doctor can say all he/she wants but until you go to the district special Ed office and file for it yourself nothing will be done. They will have to fully evaluate (done by school psychologist) within 60 days and have a formal meeting after where you can bring an advocate mediator lawyer etc to assist. (Lawyer later only if needed like where I am at right now)

  6. I am having a hard time with the local HS that my daughter is attending and her 504 plan. What I am really wondering and have been looking for on forums is if the school can let her fail classes and not do anything about it under her 504 plan? I feel that her teachers (specifically her math teacher, where she has the most problems) is not doing what he can to support her and get her up to a passing grade. He treats her like every other student and doesn’t seem to be accommodating her in any way except preferential seating and allowing her to turn things in late if necessary. At this point, she is not going to make it through HS because she is in the lowest math there is, and still not passing it. All I get is the runaround by the admin at the school and no real solutions. Any advice???

    • Is her 504 plan for ADHD? If so, her accommodations seem appropriate..maybe they could add refocusing/redirection and checks or understanding? At the high school level students really need to advocate for themselves and put in the extra effort to stay after school for extra help or ask the teacher for help when they have difficulties. A lot of students grades are negatively impacted due to poor homework completion and a lack of studying for tests/quizzes. I’m not sure what advice to give because i’m unsure of what you’re looking for from the school district. If you could clarify what you’re looking for maybe i’ll be able to help a little more.

      • Her 504 plan is for ADHD, and she has a lot of accommodations, but they are not held up by her math teacher. One of her acc. is to have me stop her working (if she has been at it for a long time) and just sign off that she is DONE…he is not keeping up with that and often gives her an incomplete or less points. She is always asking him for help in regular class and in her support class (same teacher) and he has frequently said to her…”well weren’t you listening Ms. Fail?” which in turn makes her not want to ask questions. She has an outside tutor that helps her with hwk and studying/making notes for quizzes, and she does fine with his mock tests, but then when she takes the real one, she bombs it. She says that it doesn’t correlate to the hwk. I have complained, and get no help…

  7. My daughter is attending a private school and is failing algebra, we hired a tutor and it has not helped. How can I get my daughter evaluated? She has ADHA and Marfans syndrome. We don’t know what to do. Our public school system is on an academic watch.

    • What is an acedemic watch? Go to your districts special education office and request paperwork for a Full cse evaluation. Careful as they may ask you why or try to intimidate you out of it. You are not required to answer why! The second time I did this I answered “because I want to” lol. They have to allow it and they have to do the full evaluation if you request it within 60 days. They cannot legally refuse this.

  8. My daughter’s Dr. diagnosed her with ADHD and recommends me to have a 504 done. He gives me the papers with what he says she needs. I take it to the school and they tell me that a 504 can not be done until she is tested for special ed. Is this true?

    • A student with ADHD can be served through Section 504, but they can also be served through special education as a child with an other health impairment (ADHD), So they might be trying to first determine if they qualify for those services. If the child does not, they should then consider 504 services. Some schools use 504 to avoid providing special ed services to students with ADHD.

      • My step son’s school just did, Avoided special Ed services and just use a 504. Little do they know I’m revoking that and they are going to do do the eval first.

        • Sometimes this is done if the student needs accommodations such as preferential seating away from distractions, extra time on tests, etc but is performing at a level where they would not need special education in the form of resource, life skills placement, speech services etc. If your step son just needs the accommodations/modifications due to his ADHD a 504 plan is appropriate. Students with 504 plans and IEPs can receive the exact same accommodations and modifications.

        • Did they give a 504 without an evaluation? You can request eval by filings At the districts office of special education then they HAVE to evaluate within 60 days

  9. I have a 5 year old son who is currently enrolled in the districts special needs PK. He has an IEP for social emotion and speech. They are re-evaluating him now for his K transition. He has a dx of ADHD (combined) and ODD. He is currently on medication for his adhd and is not having any issues in his half day program, although I question this.
    The school is now trying to terminate his IEP b/c he no longer qualifies for speech and there isn’t a social emotional category for grade school. They recently provided the Connor’s eval for me to complete and mine will indicate he has adhd, but I was told only the teachers eval would be considered for IEP purposes since it is related to the educational setting and mine is not.
    My son is in therapy once a week and meets with his medication dr every month. We have had issues with medication in the past and have had to discontinue the use of stimulants and his behaviors have been noticed across the board.
    The school is saying he is well controlled on medication and they will not extend his iep to include adhd or odd b/c it is not adversely effecting his performance. Next year is a full day of school and I don’t know if I will medicate him. Can they get rid of his IEP when we have documentation outside of school that he needs assistance?

    • Amendments to the Americans with Disabilities Act say that the school must consider whether a person would qualify without help like medication. Many schools do not realize this, or know how to do it. You can find info on this amendment under Section 504 on this website. Your state parent training & information center can assist you. http://www.parentcenterhub.org/find-your-center/

    • We were in the same situation with my daughter years back. I can tell you I signed off on the IEP termination and regretted it ever since. She now has NO accomodations and they even refuse a 504. Do NOT sign off on the IEP unless they at least give him a 504!

  10. hi, my son was diagnosed with add in 1st grade, (add no hyperactive) so he can’t ever pass his grades. has been placed on the 504, and still struggling., he has never had behavior problems he’s just categorized as being lazy not making enough effort. i have requested for him to get test for special ed and they say he doesn’t qualify. i worry so much about my son’s future. i don’t know where to turn. my son is now in 9th grade and still in the 504 plan…..this plan should be named something else cuz it doesn’t help. some teachers can claim whatever, it doesn’t mean they give the extra help for these kids. now that he’s in high school they said they’re going to do some more testing to see if he might qualify for an iep. but is there any test that i should request for him? every single yr they just skipped him to the following grade! (with 7 F`s ) “I feel so lost!”.

      • Don’t leave it up to the school to do anything on their own. As the parent go to the school and request the Special Education Referral Form, complete it and hand it back to them. This forces their hand to do the test within a set time frame. My son was struggling in K, 1, and 2nd grade. Each year his teachers said he needed to be evaluated, but the Special Ed dept did nothing, until we were advised by a friend, complete the form don’t wait for them. We did. And he did qualify and is currently receiving support and services. Had I known, I would have completed the form back in 1st grade.

    • Request an IEE at the schools expense. Make your research though, maybe someone out of area . Everyone is in business for one reason.

    • I suggest going to your districts special education office ASAP and plan to spend some time filling out the paperwork completely right there and hand it in completed the same day. I did this, they tried to convince me I didn’t need this or to take it home and think about it…it will take some time so plan on that. Once it is handed it completed they send you a formal letter and then have 60 days from that date to complete the testing. Hope this helps.

  11. My son was diagnosed with ADHD in 1st grade and my son is now in 5th. He is failing in most subjects? What do I need or ask for to request a 504 plan or a IEP?

    • You can speak with the schools social worker or go down to the board of education and speak to someone in the special education department. Make sure once you do this do a search for special education advocates in your city. Having good support is vital. Schools can sometimes give you a hard time. You want a IEP not a 504.

    • Go to the district special education office and request it yourself. They HAVE to fully evaluate your child if you formerly request it (via lengthy paperwork that I suggest you fill out right at the office and hand it in same day!) then they have 60 days to complete the testing and arrange a meeting to discuss results and what they suggest. Find an advocate to bring to this meeting or they will roll over you like they did to me. Now I’m here my ADHD son is struggling in HS because I just simply did not know enough about all these “games they play.” They refused to give him any services first time and instead gave us a response to intervention. This does not have to be followed and let me tell you it was dropped after the first month. Don’t fall for that! go for IEP or 504 look up examples

  12. My grandson is having trouble with Math and is starting to fall behind. His teacher thinks he may be OCD and suggested that he be evaluated by a pediatrician but they can’t see him for 4 months. It was my understanding that the school should be resposible for any testing to determine if he has a learning disability regardless of what his state test scores are.

    • My understanding is, if the school suggests a child be evaluated for something, they can be held responsible for the costs of the evaluation. I’m surprised they would say that.

    • Yes the school has testing but not for all disorders. The procedure is to speak with the childs doctor first. Always know if the school gives you a hard time go to the board of education and speak to someone in the special education department. Find a good support system, child advocates organization. They more you educate yourself about your rights, the happier you will be. Good Luck!

    • Put the teachers comment in writing. Something like….It is my understanding that you believe my son may have OCD (Obsessive Compulsive Disorder) and you suggested that he be evaluated by a pediatrician. In order to prepare for his upcoming appointment, can you please tell us why you believe he has OCD and what assessments or rating scales were given at school that would suggest OCD and any observations the school team has made that would help us to prepare for our upcoming appointment with our son’s doctor. They may ask you to sign a release of information. In the meantime, I would like to request that the school open up a domain meeting to assess his need for special education. I’m a little confused as to how the math, OCD, and state assessment scores are connected.

  13. My 11 yo son has a,diagnosis of ADHD. He has been suspended for the third time and was referred to a juvenile officer. He hit other students. Some of this is due to ongoing teasing. They tell him he is making it up when he reports the teasing.

    The principal called him a little freak.” What can I do?

  14. NO EVAL EVER DONE – COMP ED?

    I was told my daughter had an evaluation and did not need special services. It would be best if she attended half days. Next year I found out there was never an evaluation done. She is now in 3rd grade still far behind, yet the school still will not provide her with the help she needs. I filed a complaint and they found negligence with regards to my daughter. The school had to put some procedures in writing. The issue my daughter’s education, is side stepped or “We don’t have the funds”. I feel there were laws broken in kindergarten, and my daughter should be compensated for them. She still deals with the consequences she was subjected to, by the violations of responsibility and unethical behavior of that group of educators.

  15. My niece 10 last yr when the school gave her the Mm Cass, test, we got the results in the mail the following school year say she had a warning in math.. ok so my question is this. I requested a IEP AND 504 before the test and the following yr also. The school tests her and keep saying she does not need a iep small town .. . She has adhd, odd, bipolar and ptsd. So she is temporarily in another school in the city who soon as her entry into the school said to me she needs to be on a iep and puth her on one, with out me having to request it.. So my question is, can I sue the small town school for denying her the IEP i new she needed???

    • You can request an Impartial hearing . If you want her in her local school.Call your state education department or county office . And office of civil rights.
      But I think once she has the IEP she can take it back to her local school and it’s mandatory they can’t remove it..

      She may not need and IEP or 504 for math per se but may need either Bc her various diagnosis are impairing her ability to function..

    • I’m not sure if you can sue, but you can call the State and make a complaint. You can also contact the media which could be very embarrassing.

    • Melissa,

      Sorry but for many reasons, we can’t recommend that anyone sue their school district based on information in an email or question to the blog. We don’t have access to your niece’s complete educational file, including evaluations, and we don’t know the rules in the state where you live.

      If you are serious about pursuing this, I suggest that you consult with an advocate or an attorney with expertise in special education law. You can find names and contact info for attorneys and advocates on your state page of the Yellow Pages for Kids site here: http://www.yellowpagesforkids.com

      You can also check the people listed as members of the Council of Parent Attorneys and Advocates here: http://www.copaa.org

  16. I read everything and I have a question. What to do about the behavior in school?
    Also my daughter is having trouble learning and her behavior in school. I ask for a 504 plan for her last year in just now getting.
    I have to meet with school to get her back in school. My girl was being bullied now they’re saying she’s the bully. I don’t know what to do, what are her rights as child with ADD? Please help me….

  17. My daughter has been diagnosed with ADHA and depression and anxiety and is repeating the 8th grade again now. but don’t have a learning disability and passed the testing for the IEP. so I was told she’s not eligible for IEP. put her this 504 plan and she’s still having trouble in her classes and is failing 8th grad again. so does she qualify for IEP with the conditions she has? if you can please let me know if I should fight for the IEP for my daughter and how. What I should say to get her the help I need? thank you

    • wow!!! my daughter has been diagnosed with anxiety and depression (and takes medication) and was eligible for an IEP under the “emotional disability” section. We live in Illinois so I don’t know if that makes a difference but you should really push your school a bit (no actually A LOT) especially since your daughter has been diagnosed with ADHA AND is repeating a grade AGAIN. Something doesn’t sound right there at all.

      • I’m in IL also and when my daughter started freshman year I requested that she get a 504 or IEP for her depression and was told she didn’t need it since her grades were good. She is now a Jr and her grades are down. I am going to ask again for an IEP. Do you have any tips to help? Thanks

  18. My 7 year old son has just been diagnosed with adhd 3 months ago. We tried working with him to teach him how to deal but his performance at school is rapidly getting worse so we got him meds and he had a horrible abnormal reaction. Dr said hes likely to have bad reaction to all meds so we put him on a diet restricting sugar intake. But he is failing. Although we see improvement its not enough for school and they keep coming at me saying he needs meds. I just don’t know what to do anymore. They know his condition, yet it seems to me they have done nothing to acccommodate him. Idk what else to do and everyone’s comments are negatively impacting him and giving him excuses not to try and to act out.

    • My son is 10 and was diagnosed 2 years ago with ADHD. He also had a bad reaction to the pill form of the medication. I won’t go into detail but it was very bad. He is doing much better now because of the patch form of this medication. You might want to check with your child’s doctor. We are fighting right now with the insurance company to assist us on the payment. It is very expensive, especially because there are only 30 patches in the box. But is was worth it my son is doing much better in school and his appetite is better as well. I hope this has helped. I certainly know the heart ache and frustration that goes with being the best advocate for our children with ADHD.

  19. My child is Dyslexia AD/HD and I know of the 37 characteristic of this disability he has over 80% of them. Example:I know he can memorize 10 Vocabulary words with definition in about 3 days. He will make a 100 every time but if you give him the same test in about two weeks maybe less he won’t remember. My question is how can the state give them a state assessment test and expect them to pass…Most of time it is in the moment they learn and put it behind them. Make me understand and how we can change this…UPSET PARENT. OH did I say I am Dyslexia AD/HD

    • Here’s the way I look at it, for what it’s worth. If your child doesn’t pass the state assessment-what does that tell you? If he takes the assessment which is based on the current curriculum and what the school is teaching… and has an appropriate 504 Plan or an IEP which gives him accommodations, tools, services and possilbe modifications-he should be able to do well on the test, right? If he doesn’t do well…..this is good objective data to have, so that you can show your school that he may need more support or a stronger plan to close the learning gap between your child and peers. You need multiple sources of data-objective and subjective for a balanced view of what a student can do and has trouble doing. Also, assessments capture areas of strengths too-let’s not forget that.

  20. My granddaughter Rachel, is 13 and has been diagnosed with a Social Phobia and once we were told she had Selective Mutism, after I had mentioned that I had read an article on it in Reader’s Digest.
    She is very reclusive and does not like to be around people she doesn’t know. She is enrolled in K12 Online School (OLS) and I am her learning coach. I only had one page of Algebra in all of my educational history, and I am expected to show Rachel how to do Algebra, when I don’t know how. K12 tells me that even though she is under an IEP, their IEP is not like the Traditional one, and they cannot furnish her a state paid for tutor. My question is, Can I and just how do I, go about getting her a state paid for tutor in Math in general and Algebra in particular? If you can’t help me, please tell me who can. Thanks

    • I am a graduate student studying School Psychology so I am still learning myself. But there is a law called Child Find is also mandated under IDEA. This law states that public schools are responsible for locating and serving all children living within their district in need of special education or related services. Your granddaughter may be able to receive a state paid for tutor under this law. This link to another “Wright’s Law” article has more information on Child Find. https://www.wrightslaw.com/info/child.find.index.htm

    • Use Kahn Academy to help with instruction. If she qualifies for sped services, the on-line school is responsible. You may be better off having her in regular school and requesting Hospital Homebound services. This is not under special ed but is available to all students who need to have education provided at home.

  21. Hello, I really need help, 1st IEP for 5 year old granddaughter that we have custody of, the school is trying to qualify her for an IEP on the basis of ADHD type 2(?) She sees a psych every 6 mths, has a weekly counseling session and had never been diagnosed with ADHD but school won’t remove. I tried to record the IEP meeting and was told NO so I made her state her name and why the school is forbidding taping and then said we are done here, she tried to get me to turn off the recorder and I told her not until I leave the building. Where or what do I do next????

  22. I am a single Grandmother raising my 9 yr old Grandson. I am just now learning about ADHA and all this disabilities laws for in the school. My Grandson came home crying on last Friday because he was excluded from a field trip because he has been not paying attention and so on in class. We went to a Dr and he gave me a paper to take to school telling the school that he should have 504 accommodations. What this means,I have no idea. I also have mental health disabilities and things are hard for me to understand. Is it possible for you to send me some information on the RIGHTs of Students With Disabilities. I have internet but no printer. I would appreciate anything that will help me. Im trying to help my Grandson as much as possible so he doesn’t feel stupid…as he puts it.

  23. I am in California. I have requested evaluation and for learning disabilities. During the meeting it was decided to wait until after the doctor diagnosed ADHD and the doctor test for dyslexia. The docotor does think he has ADHD and has referred him for further testing. Additionally i have also found that the school is resonsible for testing for the reading disorder (dyslexia). 1st question: Is there a need/benefit to waiting for a complete ADHD eval before the school starts testing or is the school stalling. 2nd: I’m not sure if it’s lack of knowledge that the school referred me to the doctor to determine dyslexia but exactly what test are they requierd to give. I don’t quite trust that the school will give the appropiate test and i want to be sure that I know what to look for. Thank you

  24. My son has been treated for ADD for years. Has been wonderful for impulsivity and behaviors. Throughout elementary school academic performance was exceptional with advance placement. He just entered middle school and is making D’s and D-‘s in many subjects solely due to missing homework. Classroom work, quiz and tests are consistently 100%. He is just not able to manage the necessary organizational demands. Have meeting tomorrow with his Team. Would GREATLY appreciate any input/recommendations/suggestions. Thank you!

  25. Pam,
    Did you ever find out about your son getting a smaller version of his math tests? We are in the same situation with our 7th grade son. He seems to get math at Hm when we work with him and guide him but bombs tests:( we were trying not to put him on ritalin again but have to recently to help him focus . He eats and grows so much without the med but the alternative is distracted and no focus.

  26. My daughters elementary school wanted to place her on an iep and label her “ED”. We attended every meeting and were very active with private doctors and therapists. We chose to decline the IEP and did not want our child labeled. She is now a 6th grader, mostly honor roll high level classes. She is somewhat defiant at times and lases out with refusal to do some work assignments etc… I requested a 504 plan meeting but was told verbally by the assistant principal that she is not eligible due to us declining an IEP years ago. I asked for this proof in writing/documentation. They have not responded. Can you answer this for me? We are located in public schools of Maryland.

  27. I have a question? My son is in the 7th grade and is failing math. I do have a 504 for him. I have also hired a tutor. My question is – What rights do I have for him with his 504. He seems to be getting his math with the tutor but when he takes the test he fails. Can I request a smaller version of the test, or a teacher to read the test to him, make him figure it out but be there to guide him? I have a meeting scheduled and want to go in knowing what I am allowed to ask them to do for him.

  28. Kimberly, I don’t know if you will check back here, but your son’s situation sounds exactly like mine’s. He is in 8th grade, (last year of middle school, and feels like the last year to “figure this out”). I have a meeting with his teaching team on Friday, and I feel sad and exhausted about how to approach it. We’ve been dealing with honest and often negative feedback about our son since he entered the world of education at the age of 3. We’ve tried to do things right, and advocate when necessary, but allow him to navigate and make mistakes and learn from them. He is a beautiful person. But now we’re in the last year of middle school, and the stakes are much higher, and the teachers much less patient and understanding. He comes off as lazy and not invested to them, and I get why, but it’s just not the case. More to say, no room.

  29. Hi can you tell me if its possible to put in my childs iep that when his teacher is absent that he is excused from going to school that day. Substitutes stress him out completely and they know nothing about his daily routines. The school is saying that its not possible. I even suggested that i would go sit the day in class with him when she is out. They were completely against it.

  30. Currently defending a six yr old’s IEP, where the school district is trying to remove transportation because he is not physically handicapped. I challenge that education is a major life function, and denying transportation denies him a fair and appropiate edu. She wants Alternate Dispute Resolution.

  31. I submitted a request for testing from our private counselor whom diagnosed my 8 year old son with ADHD 3 months before school ended last year due to his focus issues and behavior problems in class. This year I attended an SAT meeting and offered suggestions in the plan that was agreed on by myself, his teachers, assistant principal etc, then last Friday written in his agenda was having trouble focusing. I agreed that we would wait 4 to 6 weeks to test him based on the results implemented in the plan but the teachers did not enforce the original plan agreed on at the SAT meeting. What are my other options?

  32. My daughter has ADD. She is on medication. She is in 10th grade. The Special Education Coodinator will not write a 504 plan for her but will write down on paper accomodations for her which are shared with her teachers to implement in the classroom. She stuggles with memorizing, reading and does not spell well.She has been tested for a learning disability two times since second grade. She doesn’t quailify for anything. I worry about her when she takes the Ohio Graduating Test that will be adminsitered to her in the Spring. I also, worry about her with the A.C.T. I know if she had an I.E.P accommodations could be made to help her take these tests. She was tested in Second and Eighth Grade. There was a big enough discrepancy between ability level and achievement level. If it weren’t for the accommodations she would be struggling.

  33. Kimberly, there is a discrepancy formula that was used to determine eligibility for Special ed services This was a formula that showed a discrepancy between intelligence and performance. If there was a certain level of discrepancy the child was considered for services. This was a great formula for children with normal & high level of intelligence to get services. It is my understanding that there is nothing in the law that states that if a child is making good grades he does not qualify for services. All of my children were identified with learning disabilities when the discrepancy formula was used. I believe they may not have received much needed services if the RTI formula was used at that time. You can request an evaluation any time.

  34. Carrie,
    Yes you should persue changing the IEP. This is a change. I was told by my state special ed dept. that an OHI IEP can have scholastic goals on it if that is what the child needs. Perhaps you can set up a meeting and then discuss all of the issues.

  35. My son was diagnosed with combined type (hyperactive/inattentive) at 9, he’s 14 & in the 9th grade now. He also has an IQ of 151. I have been told by every school he has attended that he would not qualify for an IEP or 504 because his super genius intelligence makes it look on paper that his ADHD is not substantially impacting the major life activity of learning. He struggles with keeping up with work due to poor time mgmt & organizational skills & it is affecting his grades, yet they won’t even evaluate him. He’s constantly stressed and has D’s in several classes at the moment, yet spends countless hours on schoolwork. I’ve tried everything I can to help, including therapy, medication & organizational tools. Nothing has helped. His poor grades are solely due to late/missing assignments, not an inability to do the work. Need help please!!

  36. Can you please provide the specific statute that says that school districts cannot deny 504 accommodations to a child with ADD and learning disorders (working memory, audio and visual processing) because the child has passing or good grades?

    Thank you.

  37. My 10 year old son has an IEP under OHI due to ADHD but we’ve recently discovered that he has moderately to severe dyslexia. We think that the ADHD diagnosis was given too quickly and other LD’s we’re not looked into. He has not taken his ADHD medicine for over 6 months and has been doing great, although he is still severely struggling academically. Since his IEP is under OHI due to ADHA and this may be a misdiagnosis, could this be detrimental to his ability to receive services? His IEP has mostly been for accommodations and modifications. Our public school does not teach an approved Orton-Gillingham method for dyslexics. Should we pursue changing the IEP?

  38. Recently the school decided to form a junior high which is 1.4 miles from my house. my daughter has adhd and ODD with other underlying issues not yet diagnosed per doctors. The school has refused to provide transportation for my daughter although i have told them in phone conversations and in writing that my child can not walk that distance alone. I fear for her safety because she is very defiant and the lack of attention leaves her at risk. I have attempted to allow her to walk with an adult following her without her knowledge and on several occasions she has crossed streets without looking,talked to strangers and completely just got distracted from where she should be going. can anyone help me. I do not drive and I have to go to work in the morning. I do not know how i am going to get her safely to school on a daily basis.

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