When it comes to deciding between requesting additional help for your child under the IDEA laws or under the Section 504 laws, there is no “best” choice.



Laws for Students With Disabilities

Section 504

For students who may be able to learn with simple accommodations or minor changes to the school day, Section 504 may be a good option.

A student is eligible for Section 504 if the child has a physical or mental condition that substantially limits a “major life activity,” including learning.

If a child is eligible under Section 504, the school must develop a Section 504 plan with appropriate accommodations for the child.

Section 504 accommodations may fall into categories such as physical arrangement of the classroom, lesson presentation, assignments, test taking, organization, and behaviors.

Some examples of what you might consider requesting in a Section 504 plan for your child:

  • Reducing the number of homework problems for your child, without reducing the content of what is to be learned
  • Providing the student with a quieter or less distracting place to do schoolwork
  • Giving clear or written directions for assignments
  • Test-taking in a quiet place
  • Providing additional time for test-taking
  • Providing the student with class notes in writing, or allowing a tape recorder
  • Regular meetings with the school counselor
  • Developing a reward system for homework or assignment completion
  • Allowing for extra breaks to walk around or run errands within the school

IDEA (Individuals with Disabilities Education Act)

If your child is diagnosed with a qualified disability and because of the disability needs special education and/or related services, he or she may be eligible for services under IDEA.

To qualify for IDEA, a child must meet the criteria of at least one of 13 disability categories. Often children with ADHD will qualify under the Other Health Impairment (OHI) category or the Specific Learning Disabilities (SLD) category.

IDEA says that children with disabilities must be taught in the regular classroom as much as possible with appropriate, related aids and services.

When a child qualifies under IDEA, he or she receives an individualized education program, called an IEP. The IEP is a written document that includes specific goals for the child based on the current level of performance. The IEP should state which services will be provided, including when and how they’ll be provided to the student.

Parents should be closely involved with the IEP planning process. They may make suggestions about what could help their child at school with class work, homework, and behavior problems.

When working with the school
You might want to consider the following tips when working with your child’s school:

  • Start by meeting with your child’s teachers to share your concerns. Prepare ahead of time by writing down what you’d like to discuss, including specific examples of your child’s particular challenges
  • Ask teachers to do the same and write down any learning or behavior concerns he or she has regarding your child
  • Formally request an evaluation of your child. Be sure to do this in writing. Make a written request even if you have already spoken to a teacher or school administrator. Date the request and keep a photocopy for your records
  • Be sure to follow up meetings with dated documentation
  • Keep in mind that evaluation results are not final; your child’s school must tell you how to appeal evaluation results, should you wish to do so

Print this page as a guide to getting started working with your child’s school or find even more information about the Section 504 and IDEA laws, including a sample letter to request an evaluation of your child.

   


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