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ADHD Accommodation — Or Not?Filed Under: ADHD and the Law, ADHD Accommodations, 504s, IEPs
"Is it reasonable to ask for 504 accommodations (e.g., extra time on major tests) for my son—a gifted student with ADHD, who is not failing and is taking pre-AP classes? He has difficulty with short-term working memory."
The need for special education and/or accommodations under IDEA (Individuals with Disabilities Education Act) and/or Section 504 of the Rehabilitation Act is not dependent upon failing grades. A student who is passing, or even one who is doing well, may qualify for services and/or accommodations.
However, parents should know that a diagnosis of ADHD or of a learning disability doesn’t guarantee services. It is incumbent upon the family to inform the school about the diagnosis and the disability’s impact on the student’s academic performance or on another “major life activity.”
Your best bet is to support your claims with a thorough neuropsychological evaluation that pinpoints your child’s specific deficits. And remember that a thorough evaluation is the best blueprint for a successful IEP or 504 Plan.
Robert Tudisco is a lawyer who specializes in ADHD. He lives in White Plains, New York.