iep/504 | ADHD Information

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Check this out! Our kids have rights under 504 and IDEA that I never realized they have and I have researched them for months!!!

http://www.reedmartin.com/addpresentationatlrp.htm   

                 

I had my son tested privately. When they saw his problems, they had to do an IEP. Now we have a lot of help for him at school, but we got the ball rolling on our own...FRUSTRAING!What constitutes whether or not a child qualifies for a IEP or 504 for school. My son has been officially diagnosed with ADHD by a psychiatrist and when we started having problems with his teacher I requested an IEP and was told he did not qualify. What is the difference, if any, between the IEP and a 504?? If it something that will help him, I would like to get the ball rolling over the summer so we can start off on the right foot next school year when he has to be there all day, he will be in first grade, and not have to wait until we are a month or two into the school year.

To qualify for an IEP, you have to have a learning disability and ADHD is not recognized as one yet. Sometimes if a child is having severe problems, the school will label him "other health impaired" and get him one that way. Some schools do IEPs for adhd but they don't have to.

To qualify for a 504, your child would have to show a significant deficiency in at least one major life activity such as school work or social skills. It is up to the school to determine whether a child qualifies.

You should write to the school and request that they tell you in writing why your son does not qualify. If you have the test results for your son's dx with adhd, you could look in the sub test scatter for possible learning problems or significant weakness.

Check out the web sites www.schwablearning.org and www.wrightslaw.org for more info on the laws and the definitions of learning disabilities. It may be possible that you can still get help for your son but you will have to do the research.

Good luck!    Barb

Found more up to date info on ADD and ADHD rights!  Posted farther down. 

barb38134.5541898148My daughter has an IEP for speech to work on a lateral lisp that I can't even tell is there. But her school says that she also needs a 504 that is a legal type documentation of his/her disability. (At least that is what the doctor told me) I have jumped through most of the hoops for the school system...and trust me that was enough bs to make me never want to deal with these people again...but for my baby I would walk through fire so basically I have to call this woman in charge of special ed and testing for the district(she and I have already had major issues during xandra's evaluation due to the fact that I had a university do the eval instead of paying a high priced private practice)so yeah it is important for you since it was my understanding that with the 504 it gives them reason to create an iep and they can keep that 504 with them through college it actually makes the school adjust their teaching to your child. Good thing.

I have learned a great deal this year - although, I would not consider myself an expert on this topic.  Here is what I found.

Put all of your requests in writing.  The first request I made last November was verbal - for an IEP.  I was told by the principal that he does not qualify.  After researching on the internet - and two marking periods behind us I made the request again - this time in writing.

My understanding of the IEP process is this - you may request an IEP evaluation by the school (at no cost to you) - do this in writing!  They must conduct this within 30 days of your written request.  Your child DOES meet the baseline criteria for being disabled as ADHD IS considered a disability under the category "Other Health Impaired".  The question the IEP evaluation team must answer then is - does this child's disability adversely affect his academic and/or social performance in school.  If the evaluation shows evidence of this, then your son does qualify for an IEP.  The way I explained this to friends and family is - if there is a sizable disparity between the child's ability and his/her achievement, then (when they have a qualifying condition such as ADHD, hearing impairment, etc.) the criteria has been met for an IEP.  During the IEP evaluation your child will be tested which will give you much of the data to determine what his/her ability is.  There are also tests that will be administered during this process which will indicate your child's current level of capability.  Combining this with report cards, teacher feedback, etc. you will probably have evidence that your child's ADHD has adversely affected his performance. 

Here is the text of the letter I submitted to the principal to get the IEP evaluation started:

This letter is to formally request an IEP evaluation for my son, XXX XXX, under the Federal Individuals with Disabilities Act (IDEA). At this point I am only requesting the IEP evaluation in order to determine if XXX is eligible for resources available through IDEA. I believe XXX meets the eligibility requirements under the category "Other Health Impaired", which in 1991 was modified to cover ADHD when it adversely affects a child's educational performance. After reviewing XXX's most recent report card, it is evident that XXX's attentional problems are adversely affecting his performance in school. Please initiate the procedure for the IEP evaluation immediately.

I also composed the same letter but replaced IEP with 504.  It was my opinion that an IEP was preferable for my child.  Implementation and support for IEP's are funded federally through President Bush's "No Child Left Behind" legislation.  Conversely, section 504 costs are absorbed by the school system.  Therefore, I felt it was in the school's interest to do the IEP - although, to be perfectly honest they seemed more reluctant to go in that direction.  I still have not figured that one out.

Start a system for keeping all records for your child organized and easy to grab for meetings and phone calls.  Document everything.  Make all requests in writing.  I keep a tote type bag with a folder which has all of our records, report cards, documentation, letters, notes from meetings and calls - in this bag.  I also keep a notepad and pen so that I am never caught unprepared to note a spontaneous conversation that may occur at shcool.  I keep this bag/tote in my vehicle so I can grab it whether I'm at work, home, whatever.

Learn as much as you can about all of these issues and programs.  I found the CHADD website (www.chadd.com) helpful.  They have a FAQ about 504's and IEP's.