What’s the secret? Part 5
If the school agrees to accommodations, what’s next?
There are usually two outcomes: The development of an individualized education plan (“IEP”) or a 504 meeting.
Your child may qualify to receive accommodations under Section 504 of the Rehabilitation Act. Section 504 states that:
“No otherwise qualified individual with a disability in the United States, as defined in section 706(8) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance….” [29 U.S.C. §794(a), 34 C.F.R. §104.4(a)].
A parent, teacher, or doctor can request that a child be evaluated under Section 504, but, “the school district must also have reason to believe that the child is in need of services under Section 504 due to a disability,” (Office for Civil Rights “OCR” Memorandum, April 29, 1993). Again, the determination for services due is up to the school.
If you suspect your child has ADHD or your child has been diagnosed as ADHD, then you may also have rights under the Individuals with Disabilities Education Act (IDEA). The IDEA is a law ensuring services to children with disabilities throughout the United States. It governs how states and public agencies provide intervention, special education, and related services to children and youth with disabilities. IDEA provides federal financial assistance to State and local education agencies to guarantee special education and related services to eligible children with disabilities aged 3-21.