IEP and 504's

This topic contains 2 replies, has 3 voices, and was last updated by  erika777 2 months, 1 week ago.

  • Author
    Posts
  • #124679

    JBADHD
    Participant

    Can a school deny a parent’s request to have their child on an IEP or 504? Isn’t ADHD considered a disability and wouldn’t this be denying ADA? Thanks.

  • #124692

    Anni @ ADDitude
    Keymaster

    Hi:
    An ADHD diagnosis alone does not legally compel a school to offer an IEP. The school assessment must show that the child’s ADHD significantly limits his or her ability to perform well academically. That is obviously subjective (you can learn more about this criteria here: https://www.additudemag.com/special-education-accommodations/). And you absolutely have recourse if your child’s school is denying an IEP; this article does a great job of describing how to contest that decision: https://www.additudemag.com/iep-step-6-if-you-disagree-with-the-schools-assessment/

    Best of luck!

  • #124687

    erika777
    Participant

    It’s important to write a letter to request a child study meeting with the DATE on it and give to the child’s teacher and/or principal. You can also go to your districts website and search for child study or special education process. Here’s a helpful link: https://www.parentcenterhub.org/evaluation-2/

  • #125316

    Dr. Eric
    Participant

    There are two operative eligibility standards.

    Special Education – You have one of the 13 qualifying disabilities AND you cannot achieve a meaningful and measurable educational benefit from general education interventions and accommodations.

    504 – Disability and educational impact. A more robust explanation could be found on FAQ’s 17-34 directly from the Feds. https://www2.ed.gov/about/offices/list/ocr/504faq.html

  • #125317

    Dr. Eric
    Participant

    Also, there are two different steps.

    There is a high burden on schools to refuse to assess for either one.
    (If you followed the college admission scandals, you can guess how many bogus “get my kids into Harvard by getting them accommodations on SAT” requests my high school counterparts get.)

    Getting an assessment or having a diagnosis is not the same as qualifying.

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