I had a meeting today at my child's school to try and get him under section 504. My son has excellent grades for now all A's and B's but he has had several incidences where he has been sent to the principals office and missed alot of recess because of disrupting class, not doing what he was told, things of that nature.
Also another thing I should mention is that back in November I formally requested for an evaluation and my son's school "put him on the backburner" even though federal law states they have 60 days to get back to me. The school administration also has implemented Response To Intervention (RTI).
I have read so many things on section 504 and the Americans with Disabilities act and was under the impression since he is have major behavior problems he could be qualified under section 504. Can anyone help clarify the section 504 for me and give me advice on what I can do?
Izabella Rose
Thank you for your question and welcome to ADHDCentral.
I have researched your question and found some information on the Council of Educators website. Their overview of Section 504 addresses both the issue of a student receiving all As and Bs and the issue of behavior issues as a basis for a Section 504.
First, the part about when children are receiving all good grades:
"Students with A's & B's: While parents may honestly believe that a child is not performing to his or her potential, that failure is not sufficient reason for referral and evaluation. For example, OCR has found no duty to qualify a child §504 despite his having ADD when the child had acceptable behavior and was making A's and B's in all of his classes. Jefferson Parish (La.) Public Schools, 16 EHLR 755 (OCR 1990). "When the handicapped child is being educated in the regular classrooms of a public school system, the achievement of passing marks and advancement from grade to grade will be one important factor in determining educational benefit." Hendrik Hudson District Bd. of Education v. Rowley, 458 U.S. 176, 207 fn. 28 (1982). As a result, where the child is already passing his classes (without modifications) he is likely receiving educational benefit and in no need of §504 or IDEA services. "By definition, a person who is succeeding in regular education does not have a disability which substantially limits the ability to learn.... A student who is already succeeding in regular education would not need special education to obtain this level of benefit and, thus, would not meet the standards established for LD eligibility." Saginaw City (MI) School District, EHLR 352:413 (OCR 1987)."
This information, as you can see, specifically states "when the child has acceptable behavior." However, it does give you some idea of why the school administration and personnel are having a difficult time understanding why you want special services for your son. The question is, I believe, is your child being punished because of symptoms of ADHD. This is always difficult to answer and as a parent of a son with ADHD, I know I spent a great deal of time wondering if some of my son's behaviors were a direct result of the ADHD or if he was simply misbehaving. It is a shady area and one that is not easily answered.
But now the other part of the article:
"Behavior-only Students: A common outgrowth of the misperception on serving only students with impairments to learning is the notion that students who have behavior problems only (and no cognitive troubles) cannot qualify under §504. OCR and the courts have recognized that students with disabilities affecting behavioral controls may qualify, independent of cognitive difficulties. Lyons v. Smith, 20 IDELR 164 (D.C.D.C. 1993); School Administrative Unit #38, 19 IDELR 186 (OCR 1992).
Clearly this indicates that behavior alone can be a reason to implement strategies to help a child having problems with behavior.
I am not sure if your son would qualify under Section 504, however, the school must provide you with an evaluation to determine if your son requires extra services/accomodations/modifications. Below are some articles on this site that might help you:
Section 504 for Children with ADHD
How to Help Your Child Succeed in School
Preparing for School Meetings
Suggestions for IEPs and Section 504s
Motivational Games for Teachers for Students with ADHD
Do You Need an Educational Advocate?
Talking to Your Child's Teacher
When Teachers Don't Cooperate
I hope this information helps. Please keep me posted on how it is going.
Eileen
Thank you so very much for you helpful response!! I am so overwhelmed when I try to search for information, it makes my head spin. When I went to the school meeting the RTI team determined that my son did not need and evaulation because his grades are A's and B's. But I am still trying to work with them to put a Behavior Modification in place for him.
I am glad the information was helpful. Merely Me also regularly posts on this site and is quite versed in Special Education issues. You can read her posts: Merely Me.
Eileen
I went through a very similar situation except we actually made it through the Section 504 evaluation.
I asked for a 504 evaluation so that my son, Tyler, could perform up to his potential. He has moderate to severe AD/HD and dysgraphia (a writing disorder). I was warned ahead of time that he probably would not qualify for services. The 504 meeting lasted less than 15 minutes, I was told he didn't qualify, and asked if I understood. I didn't feel like my concerns were heard at all so the 504 coordinator took me back to her office while she completed her paperwork for disposition.
I was told that because he was performing successfully in higher level courses, scoring well above average on standardized tests, was on medication to manage his symptoms, and here is the kicker, since I was doing such a good job as his mother, he didn't qualify. The long and short of it is this. If they are not failing, performing below the 'average' student (although most AD/HD students are academically well above average), or spending more of their time outside of the classroom due to disruptive behavior, they do not qualify for Section 504 services and/or modifications.
I have learned to keep an open line of communication with any and all of his teachers, administrators, and counselors. To offer my support in any way necessary to facilitate his success. Through this approach, I have found that teachers are much more receptive to making their own modifications if they have support from the parents and I have also discovered that there are others (counselors, teachers, administrators) that will implement their own programs and approaches to help the student to succeed. EX., there is a counselor that checks in with students every morning and afternoon with a tracking system to help them celebrate the little victories and prepare them to work on the other things. Thank you for sharing your story, it helps me to realize that we are not alone in this process!
Carolyn
Thank you so much for sharing your experience with me, it is greatly appreciated! It is very frustrating for me at times though because even though I am not alone in this I feel that I am. The school has implemented his behavious modifications that was asked for, this way we can track when his behavior seems to be okay some days and not so great on others. Now my problem is trying to get his dad to understand that he needs his medication even during the weekends that he has them, through tracking his behavior we can see that he has "bad weeks' after he comes back from his dad and not recieved his medication.
Thank you so much for sharing your experience with me, it is greatly appreciated! It is very frustrating for me at times though because even though I am not alone in this I feel that I am. The school has implemented his behavious modifications that was asked for, this way we can track when his behavior seems to be okay some days and not so great on others. Now my problem is trying to get his dad to understand that he needs his medication even during the weekends that he has them, through tracking his behavior we can see that he has "bad weeks' after he comes back from his dad and not recieved his medication.