How to make school to provide 504 accommodations

[Anonymous]

OP. Thanks all. Yes, I am sure it was full neuropsyc in 4th grade. We paid about $5k. It was not really intuitive to repeat the test to support the request for 504. The fact that she is on medication managed by a licensed psychiatrist demonstrates that she has ADHD.

You all convinced me that she needs to be tested again. We will do that, but testing is expensive!

[Anonymous]

Anonymous wrote:OP. Thanks all. Yes, I am sure it was full neuropsyc in 4th grade. We paid about $5k. It was not really intuitive to repeat the test to support the request for 504. The fact that she is on medication managed by a licensed psychiatrist demonstrates that she has ADHD.

You all convinced me that she needs to be tested again. We will do that, but testing is expensive!

You shouldn’t need to repeat the test - as my child’s doctor has said - ADHD isn’t a thing that goes away so a test from earlier should still stand. I would recommend hiring an education consultant to help you advocate.

[Anonymous]

This guide by U.S. Department of Education may be helpful
https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201607-504-adhd.pdf

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP. Thanks all. Yes, I am sure it was full neuropsyc in 4th grade. We paid about $5k. It was not really intuitive to repeat the test to support the request for 504. The fact that she is on medication managed by a licensed psychiatrist demonstrates that she has ADHD.

You all convinced me that she needs to be tested again. We will do that, but testing is expensive!

You shouldn’t need to repeat the test - as my child’s doctor has said - ADHD isn’t a thing that goes away so a test from earlier should still stand. I would recommend hiring an education consultant to help you advocate.

The issue in question is not whether the student has ADHD. It whether it currently requires accommodation. The child has been on medication, has presumably learned study skills, executive function, time management and test telling strategies. If not that could be what is needed. A 504 is about determining whether the students impairment requires something different by the teacher/school in order for the student to be able to fairly access the educational environment.

[Anonymous]

Gosh, OP - so much bad information from PPs above about qualifying for accommodations under a 504 plan. A 504 plan does NOT require an assessment of adverse impact like a 504. All that is required is a qualifying diagnosis and "substantially limits a major life activity" which includes "eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating" and is a non-exhaustive list.

The analysis for a 504 plan does not require bad grades. Students in advanced classes with good grades can still be eligible for a 504. In fact, I have kids who were taking APs and had conditions like depression, anxiety and/or ADHD and got 504s. One was practically a straight A student and one was definitely not. Both needed a 504.

OP, your IEP team behaved illegally in denying your DC a 504 plan on the basis of "good grades." All this is clearly spelled out in MCPS' own publicly available guidance about 504 plans which you can find here:

https://www.montgomeryschoolsmd.org/siteassets/district/departments/special-education/compliance/0207.18_section504_handbook.pdf

Please read carefully especially pages 1-5, which specifically address "substantial limitation", ADHD, mitigating measures, and major life activities.

The document clearly says that "substantial limitation is to be "broadly interpreted". "Condition, manner and duration" can be considered. Impairment "does not have to prevent or severely restrict" the major life activity. Comparison can be made to non-disabled peers (but for highly able students, the comparison should be made to other peers in advanced classes). The team cannot consider the "ameliorating effects of mitigation" - which means if your DC is taking medication, she must be considered for eligibility & accommodations as if she did not have the ameliorating effects of medication but the non-ameliorating effects can still be considered. (So if you take a medication that helps you focus but also makes you nauseous, the team must not consider the added focus but must consider the nausea.)

Interestingly, this document specifically says that in situations where a team finds a student eligible for a 504 but nog in need of accommodation - that student still gets a 504 plan because it provides non-discrimination protections.

OP, you may be able to get a 504 plan without the trouble (and cost) of an advocate or attorney - write a letter to your schools section 504 coordinator. Make a new request for a 504. In your letter state that you believe taht your daughter's eligibility consideration was not conducted properly and that the school therefore is out of compliance with section 504 - cite the consideration of grades that excluded her and other aspects of the prior determination that are inconsistent with the MCPS guidelines. Be factual. Request to tape the meeting. Close by saying you look forward to meeting promptly and resolving this collaboratively in order to bring the school "back into compliance" and so that you do not have to invoke my due process options".

You and your daughter should be prepared in the meeting to provide evidence of diagnosis from a doctor or psychologist (does not have to be full assessment - and if the school says it does then tell them you understand that they have a legal obligation under "Child Find" to provide a full assessment at no cost and that is what you are requesting if they refuse to accept documentation.) You and your daughter should also be able to describe how the ADHD impacts and why you need ..... extra time, extended deadlines, copy of class notes or whatever. Basically, ADHD students are doing two jobs during a test - trying to constantly maintain their attention and keep redirecting it back to the test while also doing the test. You can also show tests or assignments that have attentional errors, un- or quickly finished questions, late or missed assignments etc.

If you are declined again, when asked to sign the 504 paper, sign with an * and state that your signature represents attendance only and that you do not agree with the decision and will consider your "due process" options.

[Anonymous]

Anonymous wrote:Gosh, OP - so much bad information from PPs above about qualifying for accommodations under a 504 plan. A 504 plan does NOT require an assessment of adverse impact like a 504. All that is required is a qualifying diagnosis and "substantially limits a major life activity" which includes "eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating" and is a non-exhaustive list.

The analysis for a 504 plan does not require bad grades. Students in advanced classes with good grades can still be eligible for a 504. In fact, I have kids who were taking APs and had conditions like depression, anxiety and/or ADHD and got 504s. One was practically a straight A student and one was definitely not. Both needed a 504.

OP, your IEP team behaved illegally in denying your DC a 504 plan on the basis of "good grades." All this is clearly spelled out in MCPS' own publicly available guidance about 504 plans which you can find here:

https://www.montgomeryschoolsmd.org/siteassets/district/departments/special-education/compliance/0207.18_section504_handbook.pdf

Please read carefully especially pages 1-5, which specifically address "substantial limitation", ADHD, mitigating measures, and major life activities.

The document clearly says that "substantial limitation is to be "broadly interpreted". "Condition, manner and duration" can be considered. Impairment "does not have to prevent or severely restrict" the major life activity. Comparison can be made to non-disabled peers (but for highly able students, the comparison should be made to other peers in advanced classes). The team cannot consider the "ameliorating effects of mitigation" - which means if your DC is taking medication, she must be considered for eligibility & accommodations as if she did not have the ameliorating effects of medication but the non-ameliorating effects can still be considered. (So if you take a medication that helps you focus but also makes you nauseous, the team must not consider the added focus but must consider the nausea.)

Interestingly, this document specifically says that in situations where a team finds a student eligible for a 504 but nog in need of accommodation - that student still gets a 504 plan because it provides non-discrimination protections.

OP, you may be able to get a 504 plan without the trouble (and cost) of an advocate or attorney - write a letter to your schools section 504 coordinator. Make a new request for a 504. In your letter state that you believe taht your daughter's eligibility consideration was not conducted properly and that the school therefore is out of compliance with section 504 - cite the consideration of grades that excluded her and other aspects of the prior determination that are inconsistent with the MCPS guidelines. Be factual. Request to tape the meeting. Close by saying you look forward to meeting promptly and resolving this collaboratively in order to bring the school "back into compliance" and so that you do not have to invoke my due process options".

You and your daughter should be prepared in the meeting to provide evidence of diagnosis from a doctor or psychologist (does not have to be full assessment - and if the school says it does then tell them you understand that they have a legal obligation under "Child Find" to provide a full assessment at no cost and that is what you are requesting if they refuse to accept documentation.) You and your daughter should also be able to describe how the ADHD impacts and why you need ..... extra time, extended deadlines, copy of class notes or whatever. Basically, ADHD students are doing two jobs during a test - trying to constantly maintain their attention and keep redirecting it back to the test while also doing the test. You can also show tests or assignments that have attentional errors, un- or quickly finished questions, late or missed assignments etc.

If you are declined again, when asked to sign the 504 paper, sign with an * and state that your signature represents attendance only and that you do not agree with the decision and will consider your "due process" options.

NP. Just a couple of additions to this helpful PP. If you want accommodations in college, you will need the full Neuropsych, which generally must be completed w/i 3 years of the college process. Also, whatever you do, do it ASAP because the College Board may be difficult. It is late in the school year; if you ask today the 504 plan may not be ready until summer.

[Anonymous]

I advise you to look at some of the Disability Service office guidelines for documenting disability for accommodations at the universities your DD is interested in applying to. Some require psych assessment with specific tests and within recent dates but it varies widely by school and many do not.

You also do not need a recent psych assessment for SAT accommodations - a current 504 or IEP with extra time accommodations is enough. SAT is no longer second-guessing these - (but you do need time to process accommodation request).

I couldn't afford a psych assessment in HS, and DC got accommodations w/ just his plan. One DC's university did not require recent neuropsych for ADHD college accommodations. Another (snooty Ivy League) school did require.

[Anonymous]

I recommend a few things:

1. Read up on ADHD accommodations available. There are some good resources online, including from the Department of Ed, ADDITUDE magazine and their podcast, etc. Many have lists of potential accommodations.

2. Show your child the lists of accommodations and ask which would be helpful & why to accommodate them .

3. Write up a letter/ memo requesting accommodations. Here is an outline:

-intro ( we are requesting the below 504 accommodations for documented adhd)

-the past denial was inappropriate and we are asking for reconsideration. Narrate the who what where of the denial. Link to references/ you find online from reputable sources saying it is illegal/ inappropriate that deny based on grades.. etc

-Insert a two column table with the accommodations you are asking for, and the reason based on how adhd is imparting the student’s ability to thrive socially or academically at school. If you can include links to the resources you find online describing those accommodations related to ADHD

- Request a prompt response in accordance with the 504 process of the district (link is important here too)

-Include buzz words/ phrases and vocabulary that show you have read up , and know something about the law. Phrases like “child find” for instance

4. Don’t go to the meeting alone. Bring a support person (friend, relative, etc) to take notes, ask questions, help you remember your talking points / questions. Bonus if this person seems like they are in the know/ don’t mess around. Like a parent of another kid with a 504/ IEP who has been through the process before, or someone who is used to negotiating / advocating (lawyer or a business or government leader etc). This will help you also if you get emotional (it is your kid). There is more strength in numbers

[Anonymous]

Anonymous wrote:OP. Thanks all. Yes, I am sure it was full neuropsyc in 4th grade. We paid about $5k. It was not really intuitive to repeat the test to support the request for 504. The fact that she is on medication managed by a licensed psychiatrist demonstrates that she has ADHD.

You all convinced me that she needs to be tested again. We will do that, but testing is expensive!

I wouldn't do it again just for this. Just include the original report. Do you have a therapist or psychologist who can include a narrative of what accommodations would be helpful? If not, get this fromt he primary care doctor.

[Anonymous]

Anonymous wrote:What would happen if the test was pulled at time? Would she fail the test? If so- she needs extra time. But if she just wants a few extra minutes to add supporting details that will help her get an “A” on the test- this is not a need for extended time. Maybe first try working with a therapist or coach who will help her work in a timely manner. This will be far more beneficial for her in the long run (completing reports, spreadsheets, etc. expeditiously is a terrific job skill).

Schools need to be careful regarding the extended time accommodation due to the tremendous advantage it provides on the SAT. You would be surprised how many families cheat by paying thousands of dollars for a fake dx just to get extra time on the SAT. It is very easy to meet dx criteria for anxiety or adhd, so families think that dx = guarantees accommodations, which it doesn’t.

Best of luck to your daughter - she sounds like a very conscientious learner which will certainly benefit her in the big picture.

Getting a 504 or even an IEP with extended time does not guarantee extended time for SAT, AP, IB, etc.

[Anonymous]

Anonymous wrote:

Anonymous wrote:What would happen if the test was pulled at time? Would she fail the test? If so- she needs extra time. But if she just wants a few extra minutes to add supporting details that will help her get an “A” on the test- this is not a need for extended time. Maybe first try working with a therapist or coach who will help her work in a timely manner. This will be far more beneficial for her in the long run (completing reports, spreadsheets, etc. expeditiously is a terrific job skill).

Schools need to be careful regarding the extended time accommodation due to the tremendous advantage it provides on the SAT. You would be surprised how many families cheat by paying thousands of dollars for a fake dx just to get extra time on the SAT. It is very easy to meet dx criteria for anxiety or adhd, so families think that dx = guarantees accommodations, which it doesn’t.

Best of luck to your daughter - she sounds like a very conscientious learner which will certainly benefit her in the big picture.

Please don’t listen to this poster, who clearly does not understand how ADHD impacts students and what the actual purpose of a 504 is.

+1 I think all kids should have the time they need to finish assessments.

[Anonymous]

Was the testing done when she was on medication or off of it? If she is now on medication, then her abilities and medication are not the same as what was tested as the condition is being treated.

A psychiatrist generally knows little about specific areas of academic impact. And some will recommend accommodations that are contraindicated. For example research has shown that more time is not a good accommodation for kids with ADHD. yet it is a generic accommodation that gets recommended anyways. A break would be appropriate or a quiet space without distractions etc.

[Anonymous]

Anonymous wrote:Was the testing done when she was on medication or off of it? If she is now on medication, then her abilities and medication are not the same as what was tested as the condition is being treated.

A psychiatrist generally knows little about specific areas of academic impact. And some will recommend accommodations that are contraindicated. For example research has shown that more time is not a good accommodation for kids with ADHD. yet it is a generic accommodation that gets recommended anyways. A break would be appropriate or a quiet space without distractions etc.

Extra time is provided to accommodate for the break you are referring to.

[Anonymous]

Teachers are not giving accommodations anymore. That would mean doing something different for certain students than the whole class. In this era of high stakes for teachers they are doing “accommodations” for the entire class. Reading directions aloud. Extended time because due dates and deadlines. 50% instead of 0’s, unlimited retakes for all…

[Anonymous]

Anonymous wrote:Teachers are not giving accommodations anymore. That would mean doing something different for certain students than the whole class. In this era of high stakes for teachers they are doing “accommodations” for the entire class. Reading directions aloud. Extended time because due dates and deadlines. 50% instead of 0’s, unlimited retakes for all…

You're trolling. It is no picnic for the secondary students who need extra time. It is a constant reminder and negotiation with overworked teachers, who rightfully want to get tests finished and graded.