My son has an auditory processing disorder and ADHD. After three years of asking the school for help, they saw him as a discipline problem. He is a polite child who goes to church every week. His school tried to send him to a camp for kids exposed to drugs and gangs from broken homes. He told me bad kids go there. I looked it up online and he was right!
Now the school has finally given him a 504 plan, but this year they took away his right to turn in late work. They say it’s a custody issue, and he is not getting his work done at his dad’s, only at my house. Is this legal? To me, it doesn’t matter where he lives; he needs to be able to have more time to turn in his work. When he stays with me Thursday through Monday morning, I help him with the stuff that was too hard to do at his dad’s. I also have a tutor for him.
Isn’t his school discriminating against his learning disability of ADHD by taking away his right to turn in late work? No matter where he lives, even if he has three homes, he still has learning disabilities! We are going to have another IEP soon. What are my 15-year-old son’s rights? Since they have taken his right to turn in late work, he is now failing every class! Please help us!
Simone
If your child requires an accommodation of no penalty for late work due to his disability, this must be provided regardless of which parent he is living with. However, it sounds like the school is saying the problem is one of supervision at home, not due to his disability.
In some ways that proves your point. He is not able to self-regulate the completion of homework, as evidenced by the difficulty he has when he is with his father. This supports the need for the accommodation, rather than contradicting it.