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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]What a disaster. My kid's 504 plan stipulates that he'll get preferential seating next to high-achieving kids.  Seating him next to other ADHD kids would be a nightmare. [/quote]

Wait, what??? Come back to that accommodation: preferential seating next to [i]high achieving kids[/i].

I do not believe this. How could you enforce this without revealing protected information about another student? Let’s say you go to the school to say the 504 is not being followed because your little Pierpont has been seated next to Larlo who you think is not very bright. Are you expecting the school to prove that Larlo really is high achieving to defend themselves against your accusation of not following the 504???

Preferential seating near the teacher is an accommodation. But preferential seating near a particular student? Yeah, no. [/quote]

Well, this really is not enforceable. It’s a 504 for one, which have been abused so much (case in point) that they’re functionally useless. But also, there is no legal standing for ANOTHER student to be the source of the accommodation to support a student. None. As a teacher, I would not absolutely have  pushed back on this in the team meeting. As it is, I doubt many of the teachers are actually following it as it’s not ethical. [/quote]How are 504s being abused? People are faking it?[/quote]

Yes: people are faking it.

Up to 40% of university students self-report as having a “disability” to the university office of disabilities (the ADA requires universities to track).  This 40% is calculated AFTER discounting international students, since international student in the USA claim disabilities near zero percent of the time.

40% disabled American university students overwhelmingly indicates cheating of the system on a massive scale. [/quote]

Have you looked at the list of ADA disabilities lately? I wouldn’t be surprised if 40% of the people in the world have at least one of those items.[/quote]

That’s why IEPs are more robust and harder to get. One can have ADHD or anxiety or even autism and not have an IEP because in order to qualify for an IEP under IDEA, it has to be measurably documented that the condition is a disability because it *causes* negative academic impact and without support, the child cannot access the curriculum due to the effects of the disability. If you have anxiety but you self support and manage and have no negative academic impact, your anxiety is NOT a disability under the law and you’re not entitled to an IEP. Therefore, some parents choose the 504 route instead which has far less stringent requirements (because it is not a legal document backed by federal legislation in the same sense as an IEP is) and then try to just game it to function as strictly or even more strictly than an actual IEP.

A lot of people have a variety of conditions or disorders- not all of those arise to the level of a disability, so it isn’t automatic that everyone with adhd for instance gets an IEP. [/quote]

Just to add on, academic impact is not about a disability inhibiting a student from fulfilling their potential but only that the child can participate at the appropriate grade level. A bright kid with LDs/ADHD/Autism/Anxiety could be capable of being a straight A student completing advanced work with some supports but will only get an IEP if they are not at grade level. If that bright kid is getting a C then they are deemed to be at grade level and do not require assistance and will not receive an IEP.

If a child has an IEP then there are some serious deficits/gaps in their education that need to be addressed. Many kids have 504s with accommodations but those are not legally enforceable.

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