What services is the school required to make under the 504 plan when a child is diagnosed with ADHD? My child is in first grade and was diagnosed with ADHD nearly two years ago. Even though he had an IEP in the preschool program, once he started kindergarten, the school said that he no longer qualified for the IEP.
However, he qualified for the 504 plan. Even though I keep in constant contact with the teachers about his progress, I have yet to see anything in writing as far as to the accommodations they are making for his ADHD.
Carol
Dear Carol,
The requirements for a Section 504 plan are contained in the Federal Regulations at 34 Code of Federal Regulation 104. If the student is made eligible for a 504 plan by his school district, based on ADHD, the school district is required to develop and individualized plan which provides services and accommodations which address his specific needs.
Your question indicates that he was previously eligible for an IEP. The decision to terminate the IEP should have been made by the IEP team based on an evaluation determining that he no longer had a disability which required special education and related services.
A decision to automatically disqualify a student from IDEA eligibility when they enter kindergarten would be inappropriate as the basis for a change in eligibility. The Section 504 plan should be developed with your participation and should be in writing. You have a right to ask for changes in the Section 504 plan and to seek information about whether the Section 504 plan is being implemented.
It would also be wise to seek a copy of your school district’s Section 504 policy in order to fully understand what the procedures are in the school district for determining eligibility for a 504 plan, developing a 504 plan, implementing, revising and/or terminating a 504 plan. Once you are aware of the school district’s policy in relation to Section 504 plans, it will be easier to assess how to best determine if the school is meeting its obligations. In addition, whatever the school district’s Section 504 policy says, it must comply with the requirements of the Federal regulations referenced above.
Topic
Legislation & Policy