How I got a 504 Accommodation Plan
A 504 plan can be used for items such as hearing aids, and accommodations for other physical disabilities. It's a very good tool to use for Attention Deficit Hyperactivity Disorder (AD/HD) because it can contain such things as:
- Preferential seating (for example at front of class).
- Communication with school nurse for dispensing of medication.
- Weekly communication from teachers to parents.
- Lots of visual cues.
- Coaching for appropriate behavior.
- A positive behavior plan.
- Encouraging child to ask for help or clarification of instructions.
This is how I did it and I have been graced with having to fight for everything.
1. Contact school in writing that you are requesting an assessment for your child for an IEP through parental referral (or referral from interested party as applicable).
2. If you already have an assessment by the school on your child, then that is okay to use the existing assessment. If the school won't do an assessment then tell them you made a request in writing and will file a grievance if they don't do the full assessment.
3. File a grievance if you have to but usually the school will do the assessment once they understand that the parent knows their due process rights (the right to file a grievance).
4. If the child qualifies for an I.E.P., then they will provide services.
5. If the child doesn't qualify for an I.E.P., then sometimes the school staff will know to prepare a 504 accommodation plan. Most of the time they don't so you have to ask for it. It's section 504 of the Americans with disabilities act. You may want to take the school's assessment to a professional such as a neuropsychologist or developmental pediatrician to identify the child's weak area. You also may get help from an advocacy group or parent support group. A child with AD/HD may get a low score on "attention to verbal detail", or the achievement part of the I.Q. test may not measure up to the aptitude part of the I.Q. test. Use the existence of weak areas to further support evidence of learning disorders. If the child has a high I.Q., don't eliminate the possibility that the child may be gifted with learning disorders. Perhaps your school has a twice-exceptional program.
6. If the school doesn't prepare a 504 plan, then this is what to do. Write a letter of complaint to the Office of Civil Rights (OCR) for your state school office. Explain that you believe they have discriminated against a child with disabilities (for example a child with both AD/HD and Oppositional Defiant Disorder (ODD)). Let them know that in your opinion it is wrong to deny services to a child whose disabilities cause behavior problems. It's not fair to discriminate against children with behavioral and emotional difficulties. It's also not right to determine that the child's IQ score was too low, too high, or too average to get services. Let them know that disabilities such as AD/HD and ODD impacts the child's ability to learn and work cooperatively with others. That is two major life functions.
7. The Office of Civil Rights (OCR) will probably ask the school district to review your case.
8. Explain your case to the school district office, letting them know this is an at-risk child with learning disorders, and that this child qualifies for a 504 plan.
9. Don't be surprised if you have to provide sample 504 plans or the guidance. I drafted one up and then let the school finalize it.
IDEA 504 What details should go into a 504 plan?
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