One of the most effective things I've found is to take some of the negative comments/complaints that teachers make and use them to make your case. I don't know if it's true for everyone's case, but for my daughter's, its literally, just that obvious. I swear, "needs to stay focused/is easily distracted" are two of the most common complaints I get from her teachers. You'd think they'd get that "ATTENTION DEFICIT" might have something to do with that??? Not unless it's pointed out, they don't. It can get harder when it's secondary stuff, like when your kid is starting to mouth off out of frustration, etc. It might be helpful to include an article, a passage from a respected book, or have an advocate, like his psychologist (or whatever professional he sees for the AD/HD) present at the meeting, to explain how these issues develop. The hard part is, no matter how clearly and specifically you point out how and why the AD/HD is the problem, not the kid, a teacher or school whose mad at your son, or you, may still be obtuse about acknowleding that. It could be that the school is getting defensive about whatever this organization is your working with. Oh well. If the school made you feel like they were on your side (or your kid's side) you probably wouldn't have looked for outside help. If that is the case, I'm sure anything and everything your son says or does will be magnified, and you'll soon find both him and yourself the subject of lots of innuendo about character. I'd keep everything in writing that I could. If your son is on medication, does whoever prescribe it send routine checklists to the school, to see how it's working for him? Those are good for more than just the initial diagnosis, and most of them have a spot for teacher's comments. (I request copies at the clinic my daughter attends, they fax them to school before every one of her 3-month appointments, and since the teachers don't know that I see them, too, they put all kinds of comments on them that tell me exactly how much they REALLY understand this and what they really think!) I would also request ANY AND ALL written teacher's comments from any meeting you attend. Every time. Take them home, do some research, take them to your son's doctor, and take them apart for the real meaning behind them. Some of my daughter's teacher's work with her well, but the one's that don't, they contradict themselves. They act like AD/HD has nothing to do with it, yet list practically nothing but common symptoms in all of their comments. When they're mad, and don't want to work with a kid, it's like they can't resist any opportunity to put their negative comments out there. Give them the opportunity to, record everything (in their own writing) then turn it right back on them. As far as "behavior" goes, look up "PBIS" (Positive Behavior something or other) and "RTI" (Response to Intervention) and put the focus on helping your son, rather than just putting him down. You probably also have a 504 coordinator for the school district, too. If your school district has a website, the info's easy enough to obtain. If your not able to get anywhere with the school, and you feel like they are just being obtuse, try contacting the district's 504 coordinator. That's going outside the school, without going outside the school system, and I think it gives them a chance to set things right and still stay in their little school-world. While your doing all this, make SURE your son understands he's got to do his best to not give anyone more ammunition (easier said than done, I know) and document everything you can about what your doing as a parent, to do your part. Bring in written proof whenever you can, don't just assume they'll know or that they'll put anything said verbally in writing. You can ask to see his records, and request copies of them (for a reasonable fee) and even take those copies to a professional who knows about this to look over. The more well-documented you are, the more "friendly" and "helpful" the school will become. Amazing how that works.

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http://www2.ed.gov/about/offices/list/ocr/504faq.html

The FAQ's in the mid-20's to 30's address your question.

http://askdreric-schoolpsychologist.blogspot.com/

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"22. Does OCR endorse a single formula or scale that measures substantial limitation?

No. The determination of substantial limitation must be made on a case-by-case basis with respect to each individual student. The Section 504 regulatory provision at 34 C.F.R. 104.35 (c) requires that a group of knowledgeable persons draw upon information from a variety of sources in making this determination."

If I'm wrong about this, please let me know, but it's my understanding that grades, while significant, are only one "source of information". That's why I save copies of behavioral checklists that my daughter's teacher's fill out, and keep a notebook that includes their written comments from meetings, from interim reports, report cards, handwritten notes written on her schoolwork, actual examples of her schoolwork that show certain things I've seen she has recurrent trouble with, and any and all evaluations and observations by school psychologists and outside professionals. I even keep written documentation about various things I do at home, like her morning checklist, how we track and motivate homework completion, her schedule, how long it takes to do homework, her extracurricular activities and summer camps, etc. "Various sources" can include observations from a therapist, if it's clearly related to school (like not wanting to attend school for fear of bullies). For years, all that information just sat there, while my daughter's teachers' implied (or sometimes said flat-out) that her problem was her mommy not keeping her man! "Knowledgeable persons" (like school psychologists, 504 chairpersons, etc.) have a much harder time dismissing the facts when they are in writing (not that they all want to, but it's kind of a craps-shoot there, please don't take that personally, eabeam!) The point is, one of those "various sources" is the PARENT, and believe me, it can get done, even without getting lawyers involved, if the parent is willing to document document, and document some more, and really read and research things like that great FAQ website, and other sites like this one. Knowledge is power. I've never tried to get my kid "out of" anything, in fact, all I've ever fought for is for her to be IN everything she should be. INcluded in class discussions, INcluded in after-school and extracurricular activities INcluded in good classes, not slow ones because of inane mechanical issues with writing and organization problems, INcluded in the informal little lists they don't tell you they keep of "good" students. Don't underestimate your power and influence as a parent, in being one of the "various sources" of information the school HAS TO take into account when making these decisions.

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This really annoys me. There is so much misinformation regarding ADHD and 504 Plans, here are the facts: A child with ADHD will be found ineligible for a 504 Plan because is is an anti-discriminatory Civil Rights Act! Your school won't tell you this because it is all a matter of money. Your child qualifies for Special Education and Related Services under the Individuals with Disablities Education Act. He qualifies under the category of Other Health Impaired. www.help4specialEducation.com "Other Health Impairment means having limited strenth vitality, or alertness, including a heghtend alertness to envoirnmental stimuli" 34 CFR 300.8 This is a Federal Law!

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A lot of schools use 504's for AD/HD, when the student doesn't need special services that would require an IEP. I know from experience (as a mom) that what qualifies the kid for a 504 is when the AD/HD is determined to be a disability that effects a major life function-and the function it effects is learning (at least in the school environment). That's how it becomes a discrimination issue. My daughter had an IEP for her speech services (which requires pulling her out of class for one-on-one or small group sessions with a speech therapist) but had only a 504 for the AD/HD issues until the end of last year. OHI, or "Other Health Impaired" is the qualification (I think there are 13 in all?) for getting an IEP, but a lot of parents have said it can be really hard to obtain, especially for AD/HD. My daughter was only given the IEP for AD/HD (which, by the way, still included all the accommodations from the 504 plan) after literally, YEARS of going back -and -forth, and my own documentation, which I got better at over time. The main reason the school gave for evaluating her for an IEP was that "she failed to respond" to the 504 accommodations--the truth was, they weren't really following them, but they are not ever going to admit that! This was all because of the documentation I gathered, with the intent of pushing for a better, more appropriate 504 plan for middle school (since they were not paying any attention to the one she already had). I agree that the IEP is better for so many reasons, there are measurable goals, there is better enforcement and your kid's rights are somewhat better protected, but it can be a lot harder to obtain. It just isn't as easy as walking in there and announcing that your kid has a right to these services, you have to prove your case, either in school, or in a hearing if (when) the school says no and you call for one. What I've seen is that parents can lose in a hearing, even when everyone knows the school's been less than helpful, and the time it takes to go the legal route can make it hardly worth it even for those that win, as the kid falls farther and farther behind waiting for some lengthy legal process that has no guarantee of really working. Any route you take, whether it's done through a 504 plan, an IEP, or just trying to change teachers to get away from one that's not tolerant of differences (and they are out there, unfortunately) is going to take good documentation.I'm not an expert, and I can't afford any experts! I only know what I and some other parents I know in similar positions have been through. My daughter now has an IEP in 7th grade, she's in the regular classroom, no "special ed" classes at all (she doesn't need them), and likely will be on the honor roll for the 1st term. She's taking Pre-Algebra this year, real Algebra next year, and is on track to take Calculus by her senior year in high school. She also is getting more involved in school and making friends, where last year she was so isolated and bullied she was on the verge of developing serious issues with anxiety. Entirely different story this year. I was "fighting city hall" all last year, watching the school truly destroy my kid, and what turned it around was bringing in good, solid documentation, having the clinic she attends for AD/HD communicate with the school, and contacting the district's 504 coordinator for help working this out. I'm fairly sure, as are the professionals I've had review it, that she got a darn good IEP. I'm also fairly sure that happened because the school was 1.) confronted with the ways they were failing this student (without anyone coming out and saying it like that) 2.) they had a chance to set things right in front of the school district and thereby save face. I can't say it enough. Document document document, then document some more. I had to MAKE the school psychologist actually read the 3rd grade school psychologist's evaluation and diagnosis. It was the end of May, I had been writing letters and sending emails all year, and had even called and specifically REQUESTED she PLEASE read this before our meeting. She didn't. She couldn't very well continue ignoring it, with the school district's 504 Coordinator sitting right across from her, and me volunteering to read relevant parts of MY complete copy. I had "conveniently" brought it with me, with the test showing "executive function deficits" highlighted. I put that together with my copies of her standardized tests (which were all "advanced" or "highly proficient" in math, reading and science) and her interim report, which had her failing over half her classes (mostly due to missing or late CLASS work). The three things together painting a very obvious picture. She kept busting her butt, bringing up those grades just in time for the report card, but it was getting harder and harder. When she brought home the most god-awful interim report, that's when I pushed for a meeting. IEP signed sealed delivered. She had a real significant gap between her "documented" ability and her "documented" performance. No documentation, and nobody there from the school district, and it all may have went a very different way. That's just my experience. If they just handed this stuff over, because the kid has a right to a "free and appropriate education" most of this forum would be blank. Parents need to know WHAT and HOW to document, and how to get the school to OFFER services (since they always want to say "no" when you actually ask for them).I exercised my right to request 504 meetings to address issues, until it was easier for them to offer an IEP under OHI (no "specific learning disability" either). Debbie Phelps (Michael Phelps' mother and also a middle school principle herself, in the same school district my daughter's school is in) said when teachers told her "Michael can't do this" she said "What are you doing to help?" That's where you have to keep the focus, because just going in there and saying "my kid has a right to blah blah blah" only puts the school on the defensive. Confronting complaints with "what are you doing to help with this?" is a way of holding the school accountable, without them really being able to get up in arms about it (without looking bad). It also helps prevent meetings with the school from turning into complaint sessions. It puts it on the school to come up with a plan, then they start to actually listen. I would try for an IEP (request the evaluation-in writing!) but take the 504, only if it's addressing his issues, and they blah blah blah you out of the IEP, then "pump up" the 504 by requesting additional 504 meetings whenever issues crop up (parents are one of the people that can do that-just not willy-nilly every other day or so, but you can request them). What counts is that you get closer to what you really want-a fair chance for your kid to succeed. If he already has a 504, keep "tweaking" it (try to avoid actually accusing anyone of not following it-just say this or that isn't working for him so what do we do now?) until the 504 actually meets his needs, is really being followed, or the school decides it's easier to just do a real IEP and be done with it. If the school is going for the classic "what AD/HD? that's just an excuse, he's a bad kid" angle, what about requesting a FBA? (Functional Behavioral Assessment) When I mentioned that, all of a sudden, my daughter went from being described as "defiant" (by a very intolerant teacher) to "very original, unique, creative" etc., no "behavior" problems here! They didn't even want to go there with a real, scientific assessment, for which they have to implement interventions. There are many requests you can make, all of which also increases your paper trail. I'm not saying to learn how to work the system just to do so, but learn all you can about how to use it to help your kid. I wish I'd learned how to document well, how to use that documentation, and who to go to for real help, years ago.

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Grades alone can range from being one measure of performance to being completely useless.

Example: I had black-list a therapeutic Non-Public School that my district contracted with when I found out that they graded on effort, and my student returned with A-Cs in English 9-11 only to find out that he was completely illiterate!

educational evidence can be as accurate as the compasses found in a 99-cent store toy aisle. Any one could be pointing in any direction, but if you have 6-12 lined up on a table... you pretty much know which way is North.

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Thank you for responding. I have been documenting, documenting, documenting, but I can do more! I wish our district had more resources available to us, we are very rural and small...I don't even think we have a 504 coordinator and the special education department is almost non-existent. However, the principal has finally agreed to write up a 504 for my son...oh happy day! But then he told me to "write it up", HUH?? what the heck does that mean?? I spoke with my son's therapist and she thinks that he meant write up a list of requested accommodations, but I am not sure. I am somewhat optimistic that at least they have finally agreed to pursue a 504, but then discouraged with the manner in which it is being handled. My plan was to give them an appropriate amount of time to arrange the necessary meeting to proceed with the 504 process, but I have heard nothing since, so now I am at the documenting stage (in writing, of course) requesting the meeting along with a list of accommodations that I think will benefit my son. It has been a year and a half since I first formally requested my son be evaluated for a 504 and thru my lack of understanding/documentation/inexperience we are still working on it.

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$50 bucks says they just give you whatever you ask for--because they sound like they don't know what to do! Okay, you know how to research this stuff, and at least some of what would really help him. Just be careful what you ask for, that's it's specific, that it addresses the real and most significant hurdles, and that it's something measurable and/or enforceable. You've got a daily report card already, right? Make sure it's giving you real information about what is going on during the school day, and it's not just another means of complaining that he said this and he did that, etc. I'd put that to use in making sure work is being completed and turned in during class. If "turned in completed classwork": "turned in completed homework" or something like that is on the daily report card, I would think that would help both you and your son keep track of when missing assignments are impacting grades, or maybe help prevent them. I know, with my daughter, she has to do the work to learn, they all do, and I don't like her missing things out of a lack of organization that I know she can do. I'd actually also see how open they are to helping with "social" problems. I would ask your son's teachers what they have done to " "help him to be seen in a more positive light by his peer:" this year. I would throw that out there, just because it sounds like he's getting a bad rap that may not be completely deserved. The problem with that is, the "bad rap" can really result in an okay kid turning to real misbehavior, eventually. I would ask some questions about how things are being addressed in front of a crowd. When/if he does say something deemed inappropriate, when and how is that being addressed? Let's not make a big old public show out of it. No matter what gets put on paper, you and his teachers have to have some consensus on what the real problems are. If they are convinced he's just a no-good kid that's there to waist they're time, I don't think anything put on paper is going to really solve it. If, however, they just plain don't know what to do, a few well-chosen, well-researched suggestions specific to his current difficulties may just be what they need to see. I'd be careful about asking for specific interventions too strongly, however. I still think the school is much more likely to get behind whatever THEY suggest to address the problems. I would still put my concentration on making sure the problems are accurately defined, and that they are talking about facts, not stereotypes. If you can't come to an agreement about what the problems really are, what the most important ones are, and what's REALLY causing them, then you need more information. Your keeping track of things, and I'm sure his teachers are too (even if they put their observations in a negative light) and that should lead to any issues that may need further testing. Just throwing a piece of paper at you that says "504" isn't going to make all this go away. Keep letting them know (as I'm sure you already have) that you are NOT telling them not to discipline your kid for bad behavior, but also point out what is really behind that "behavior": and what kinds of solutions have been proven to work, vs ones that are doomed to fail. For example, the classic "Earth to so-and-so" in front of the class, to gain the attention of an off-task student is an example of what NOT to do. "Cue-ing" by some discreet means, like a post-it on the student's desk, tapping a student's desk or shoulder, a secret word worked out with the student beforehand, etc., are all better ways of getting the kid's attention that DON'T result in the kid being alienated from his classmates and treated like a delinquent. I would just be very clear (without accusing anyone of anything) that you EXPECT your son's school environment to be a POSITIVE one most of the time, just like you EXPECT your son to follow the rules, and that what's needed are real solutions that actually work, not just to hear what he did bad or didn't do right, again. Let the school ultimately decide the details, they have to have something that they can work with too, but make sure it's actually addressing the issues. Here's a link to an advocacy site that may help:

http://www.abcadvocacy.net/Steps_to_Obtain_Educational_Support.htm

and here's the website from my state's education dept.

http://www.msde.state.md.us/SpecialEducation/

You may just want to try to look up your own state one more time, but if not, I wouldn't think they could be all that different, they are all under the same federal laws. eabeam put up a great link for that in an earlier post.

Here's a link for several worksheets that help with preparing for meetings:

http://www.ncld.org/publications-a-more/checklists-worksheets-a-forms

(Organizing your concerns about school-related problems has been of particular help to me) You can download forms from that site to fill out and bring into the meeting, to make sure the real concerns are addressed.

Don't make it too long, or ask for too much, but do prepare something that's specific to the difficulties, to keep this meeting on track, and bring your documentation, to show what your seeing, and what your already doing at home to help. If your going into this prepared, that's going to help keep it from becoming a complaint session, where everybody tells you how its not THEIR fault, etc., and nothing really gets done. I can tell you from experience, sometimes these meeting can be unholy disasters if the wrong kind of person is running the show, but nobody, and I mean NOBODY wants to mess with a well-prepared Mom!!! Go get'em!

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The school only has 90 days from the time they receive a written request from you to evaluate your child to complete the evaluation. As I understand it, that is federal law. Print off the law for this principle and show that you know your child's rights (see http://wrightslaw.com). Also, again as I understand it, they have to have a staff member overseeing these programs so that they can comply with federal laws. Call your state's department of education and ask them who should be managing this process for your school. There are laws that define your child's rights and there are laws that govern how these rights are instituted. Above all, keep pushing and don't take no for an answer.

Penny

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The school only has 90 days from the time they receive a written request from you to evaluate your child to complete the evaluation. As I understand it, that is federal law. Print off the law for this principle and show that you know your child's rights (see http://wrightslaw.com). Also, again as I understand it, they have to have a staff member overseeing these programs so that they can comply with federal laws. Call your state's department of education and ask them who should be managing this process for your school. There are laws that define your child's rights and there are laws that govern how these rights are instituted. Above all, keep pushing and don't take no for an answer.

Penny

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There are time limits to this, and the point of all this isn't just to "get" a 504 or an IEP, it's to get the right program for your son-one that really does address the things that are holding him back. Believe me, actually getting a 504 or IEP in place is just the START of this, not the conclusion. The school needs to be testing, and you and the school need to agree on what the problems really are, in order to make any affective changes. If they delay on testing and/or on meeting with you about this, it's not only a potential "procedural" violation, it's also getting directly in the way of your son getting any real help. The less your dealing with facts, the more your going to hadeal with each teacher's and administrator's subjective opinion.

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In Oklahoma, the school only has 45 days from request of evaluation, either by parent, teacher, or counselor. If you or your child is denied this right, you need to ask for a "Due Process Hearing" from either the school site or through superintendent's office. You should also be able to access a copy of "Parent's Rights" on the state departments website no matter which state you are in. I also recommend going to the Wright's Law website, it has information on IEP's and 504's. As other's have stated, DO NOT TAKE NO FOR AN ANSWER, especially when a child is envolved.

Lanette

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I was able to get a 504 for my ADHD child who is also gifted and makes honor roll. We used concentration as the major life function that adhd effected instead of learning. I should say that the only reason that he was on honor roll was that he had a great teacher willing to work with us and provide the accommodations needed without having a 504 in place, but we needed the 504 so that he could get extra time on standardized tests and to make sure future teachers gave the same accommodations. It helped that I knew my child's rights and had a teacher willing to fight for him just as much as I was. Also had several previous teachers note that he was one of the most severe cases of adhd they have ever had in class (and this is while being medicated). I also let them know that if he was denied that I would take him off of his meds, have the teacher stop accommodating him, and then have him re-evaluated for a 504. Know your child's rights and fight for them.

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I wonder if there's a list out there of each state's special education departments? There are so many different terms used, but I know each state, and probably each school district, has someone to go to when the school is being especially uncooperative. Wrightlaw.com is a very good site to be familiar with, too. I was truly surprised, last year, how much more helpful my daughter's school became as SOON as I contacted someone from the school district.

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Try this link:

http://www2.ed.gov/about/contacts/state/index.html

US Department of Education-OSEP (Office of Special Education Programs) It's a search by state of various resources. Click on your state it will pull up a list that includes contact info for your state's board of education, and any special education department they have.

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Hi. I totally know where you are coming from. I hope this school year is going better for you and your son. I just want to suggest, if you haven't already done so, that you get copies of your son's medical records to take to the school to show that there is a medical condition that is being dealt with. My son is in 6th grade this year and I have been trying to get 504 for him since 3rd grade. FINALLY, this year he is being evaluated. However my concern is that the testing (or evaluation) is not done in the same environment as a regular classroom so his inattention, impulsiveness, etc... will not be as pronounced. I'm keeping you in my prayers. AdamsMom

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