by Lori O'Day

Created on: January 11, 2007   Last Updated: May 02, 2007

If your ADHD child is struggling in school, there is hope. There are many accommodations which can be made through the Section 504 Plan/IEP vehicles. An accommodation can be anything from a shortened assignment to preferential seating in the classroom and much more. In this article I will explain the process of getting a Section 504 (...of the Individuals with Disabilities Education Act of 1975) Plan and an IEP, the consequences of the two plans, and common accommodations written into such plans.

First thing's first. Does your student have a medical diagnosis? If yes, your efforts may very well be rewarded with a Section 504 Plan and/or IEP. If not, your student will have to, at the very least, show a discrepancy in academic ability vs. academic achievement. You can request that your child be tested to see if you can show this discrepancy. The tests used will range from academic achievement tests to IQ tests, to social history interviews.

Let's first discuss the process of getting a Section 504 Plan in place for your student. Then we will move on to the process of getting an IEP and why these two plans can help. I live in Virginia so I will quickly describe how things are done in my state. A lot of parents look at a Section 504 Plan as a sort of stepping-stone to an IEP. Some children may simply need their rights to a free and fair education protected with a subsequent outline which serves as a game plan to make sure those rights are attended to. I came across a website which does a really good job of outlining and describing what a Section 504 Plan is and how a student is found eligible for one. Pasted directly from the site:

PURPOSE:
The purpose of Section 504 of the Rehabilitation Act of 1973 (29. U.S.C. Section 794) is to eliminate discrimination on the basis of disability in any program or activity receiving federal financial assistance.

"No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from federal financial assistance."

In the school setting, eliminating discrimination on the basis of disability is accomplished by providing equal access to educational opportunity by providing reasonable modifications and services.

Section 504 Definition of "DISABLED/HANDICAPPED" (Reg. 104.3 (j))

Any pupil who has temporary or permanent:

*physical or mental impairment, which substantially limits one

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