Denied a 504 because child not failing

[Anonymous]

My middle school child was denied a 504 because, in the words of the evaluator, he wasn't failing. The school's psychologist actually said "it is not the responsibility of the public schools to see that your child meets his potential. We don't have the resources for that. We want to see that he graduates. That's all." My child has severe ADHD and problems with writing, but is advanced in math. He gets mostly Bs in school, sometimes an A or C. I think there are definitely some supports he could use, like keyboarding, help with executive functions, etc. Is it normal for the school to deny this and refuse to do anything? Fyi, we're not in the DC area.

[Anonymous]

Well, are they sure he's not failing? My kid was "passing" and when he switched schools, all of the sudden, he was two entire grade levels BEHIND.

Somebody will tell you better than this but you can request an evaluation by an external evaluator and the school pays. There's a procedure for that.

Look at Wright's Law for futher information.

[Anonymous]

It is definitely true that it isn't the responsibility (nor even the hope!) of public schools to ensure that children meet their potential. But there is a lot of leeway here.

Most people I know with great accommodations started in elementary. I have a child with ADHD who pretty much gets straight As with an occasional B who has a good 504 but the middle and now high schools just accepted it (we put it in place the last year of elementary).

If I were you, I would consult a local educational advocate or consultant and see what they say. It is worth fighting for. Lots and lots of similar kids have 504s.

[Anonymous]

Does he need a 504 or IEP? Maybe the IEP is more appropriate?

[Anonymous]

My child was getting just slightly worse grades than that when they got a 504. I don't think you have to have failing grades as a legal matter. The purpose is to give kids with disability access to "learning*. It doesn't have to do with "potential" or "good grades."

I think I have heard of a kid who got good grades but got a 504 because it was taking him much, much more work than kids without a disability to get those grades. A homework assignment that was supposed to take 15 minutes took an hour or more.

When you say writing, do you mean writing composition or handwriting? Public schools are pretty bad about teaching writing composition so I don't think an accommodation would help. They are also bad about teaching handwriting, I suppose, but if bad handwriting is interfering with an ability to learn (maybe making it so they can't take notes in class) I would think you could just talk to the teachers about that, maybe ask if they can take notes with a keyboard or have somebody else take notes for them.

[Anonymous]

OP, just keep pushing. Have you gotten all the private testing done? Appeal and come in armed with information.

For anybody with younger kids reading this, do not wait until MS to try and get your kid an IEP and 504 services. The earlier you start the easier it is.

[Anonymous]

Anonymous wrote:OP, just keep pushing. Have you gotten all the private testing done? Appeal and come in armed with information.

For anybody with younger kids reading this, do not wait until MS to try and get your kid an IEP and 504 services. The earlier you start the easier it is.

OMG I so wish I hadn't waited. Now we are near the end of 7th and it's better, but sixth and the beginning of this year was so, so hard and had big negative mental health impacts.

The problem with elementary is that often it's so easy to get good grades in elementary, and if it's just inattentive-type the need for help can totally fly under the radar. So maybe if you can't nail down a 504 you can at least start collecting documentation, get a strong evaluation, try to get an idea of what kind of accommodations are necessary, etc.

[Anonymous]

Yes that’s normal, OP.

[Anonymous]

That's kind of hilarious/sad because lots of kids graduate without having learned much. Making graduation the standard for qualification would probably mean that nobody would qualify for a 504.

I'm sorry this is happening, OP. I would keep pushing, but for now maybe you talk to individual teachers and see if they would be willing to provide the accommodations. Maybe you can use that information to show that a 504 is necessary (you could show that if they actually learn the material with the accommodations).

[Anonymous]

What school system is this?

[Anonymous]

Only know FCPS but we did not get much either in a formal sense. We had to supervise and supplement at home and by HS hired a coach ( former teacher.) Our ds was a nice, polite student ( and I’m sure yours is too!) and so liked by teachers. They were willing to help informally as much as they could, and I always reached out in the beginning of year to share his issues.

frustrating as it is, I do believe it is the truth that our public schools do not have the resources. If a child is generally doing “ok” that is all that is needed.

In the early years my dh said that “ we can let him fail” if that what it takes and our principal said to psychologist our ds was a good student because of us. So at end of day, we helped, recognized his limitations, and now graduating from university this year! I had to accept that one’s potential also has to include one’s issues.

[Anonymous]

Agree that it’s normal, especially based on grades. And they are right that they don’t have to see that your child meets their potential only that they level the playing field so your child can access the curriculum. It’s a bit like why schools aren’t required to enhance for really smart kids - it’s not up to the school to see that kids meet their potential. That’s a really high standard.

Also based on your post it’s not clear whether you’re looking for accommodations or services. Services would mean an IEP.

[Anonymous]

Mostly Bs sounds like he’s doing well.

You might be looking for tutoring services rather than 504.

[Anonymous]

I'm sorry OP. It's definitely going to vary based on the school. My DD got a 504 in FCPS with straight As. It wasn't about the grades, it was about her anxiety and depression and finding ways to make school less stressful for her. We didn't even have to fight for it, they gave her more accommodations than I even knew to ask for at that point.

[Anonymous]

This sounds typical.