Is My Just Diagnosed ADHD Son Eligible for a 504 Plan?

Filed Under: ADHD and the Law, ADHD Accommodations, 504s, IEPs

Q:

My son was recently diagnosed with ADD, and I requested a 504 Plan for him. The vice-principal said that he isn’t eligible because he’s taking medication, which, he says, “cures the problem.”

ADDitude contributor Robert Tudisco is a practicing attorney with ADHD and an expert on special education law and disability advocacy.
A:

First, medication does not cure attention deficit disorder. In most cases, an effective medication program manages many, but not all, ADHD symptoms. Second, no law states that a child who takes ADHD medication is ineligible for a 504 Plan.

While an ADHD diagnosis, or a diagnosis of any other disability, does not automatically qualify your son for services and/or reasonable accommodations, he is eligible for support if his ADHD symptoms significantly limit a major life activity, such as his ability to learn. You must prove and document the fact that medication isn’t managing all of his symptoms, and that he needs a 504 Plan.

Robert Tudisco is a lawyer who specializes in ADHD. He lives in White Plains, New York.
 
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