504 Plan Ignored

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

Q:

My nine-year-old attention deficit hyperactivity (ADHD) daughter has a 504 Plan at school, but her teachers don’t always follow the accommodations. Last week, they gave her detention for forgetting her books while changing classes. What can I do?

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

Getting the school to agree to necessary accommodations in an 504 Plan or Individualized Education Program (IEP) is only half of what parents will have to do to work with the school. Parents must be vigilant to make sure that the plan is executed. If it isn’t, parents have the right to demand a hearing with a state-appointed hearing officer. He or she will hold a formal hearing to resolve the question of whether the school is following the student’s IEP.

For such a hearing, the IEP or 504 Plan itself is the paper trail you need to make your point. It will be difficult for a school district to justify not providing what it agreed to provide.

Approach this situation diplomatically. Do not let emotions get the better of you. Be specific about how your daughter’s teachers are not following the 504 Plan. Remember that the goal is not to win a fight with the school district. It is to get the services your child needs.

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