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Is My Son's School Wrong to Deny Him Accommodations?Filed Under: ADHD Accommodations, 504s, IEPs, ADHD and the Law
My son takes an advanced placement class and does well on state tests, but he struggles in some subjects. The school has repeatedly denied him accommodations. I wonder if the school could be discriminating against him because he is bright. Is that possible?
Children with ADHD and other co-occurring conditions are often bright, but have deficits that affect their performance in the classroom. Regulations and case law are clear that standardized test results aren’t an accurate measure of a child’s impairments -- or a reason for denying accommodations.
Talk with your son’s teachers about the gap between his test scores and his performance in the classroom. For instance, he may bring home the wrong book or fail to turn in assignments. Or some other ADHD symptom may be causing him to fall short academically. It’s very important to summarize the teachers’ opinions in writing, to have a paper trail that documents all of your son’s classroom problems.
Also review the school’s non-academic requirements in the student handbook. Parents and teachers should understand that behavioral issues -- not just academic deficiencies -- affect a child’s performance in school. If your son doesn’t meet these non-academic requirements -- if he acts up in class, say, or refuses to answer the teacher, or speaks out of turn -- this bolsters the case for accommodations.
Robert Tudisco is a lawyer who specializes in ADHD. He lives in White Plains, New York.