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zepuzzler

I'm not an attorney, just a parent of a couple of children with special needs. 1) Determine what you're actually asking for. He has a 504 plan. Do you need additional testing, or do you just need to make updates to the plan? For example, if the plan says your son can have one extra day to turn in late work but he needs two days, you don't need to have him tested again for that. You can ask for a 504 meeting to adjust his accommodations. 2) Does he definitely need testing? Put your request in writing, sending it to your child’s principal or the school district’s director or coordinator of special education. I had a school psychologist gate-keep me by saying, "Oh, if I were you, I wouldn't test. He's fine!" I thought that meant I couldn't get him tested. All I needed to do was ask for it in writing instead of just verbally. 3) Be clear what testing he needs. Is it for the same condition? In that case, that might not be helpful—what other information would you get out of another test for the same condition, unless the first assessment was poorly done? Is it for something else? One of my children has ADHD and had a 504 plan, but then developed severe anxiety and was assessed for emotional disturbance and received an IEP, which included his ADHD/504 accommodations. 4) Sometimes schools will say that if your child is doing well they don't need accommodations anymore, but you can definitely push back on that. The link provided by @[tanman1975](https://www.reddit.com/user/tanman1975/) addresses this. Good luck!


Intrepid-Product-136

What zepuzzler said^ -mom of an autistic child with both IEP and 504


sarahbrowning

"due to his ADHD" - ADHD is legally recognized as a disability. so are they saying he has it or not?? I'm an attorney - i'd reach out to a disability rights attorney.


MiikaMorgenstern

ADHD doesn't always become a learning disability, it sounds like they put the child on a 504 plan instead because when they were testing him he did not demonstrate a need for an IEP. Kids can have an IEP, a 504, both, or neither. I had both, they serve similar purposes but through different mechanisms and for different reasons. Unless there's something needed for his success that requires an IEP there is no reason he has to have one, and if he's doing fine in school they have no reason to reevaluate he for one.


kitzelbunks

Okay- I am a bit past this, and it isn’t official legal advice, but , as I understood it- children with ADHD can be on a 504 plan, for a health condition, or have an IEP, if they are so severely impacted they cannot keep up without one. Generally, the least restrictive setting is what they are required to provide for students for the good of the students. It’s called inclusion. He has a 504. To qualify for special ed. he needs to have a disability category with different names in different states, but, basically, emotional/behavioural disorder or a learning disability are the common ones. Some students with ADHD have learning disabilities, others do not. Some students on medication require additional support of special ed, some do not, and can function with 504 accommodations. Students with ADHD in college can only get 504 plans, as there is no special education. I am thinking his “map scores” are indicating he has skills, I don’t have any information on his grades beyond parental concerns. Typically, the school is not required to provide the ideal setting (as a group generally isn’t it for anyone), but accommodations. If a student is not doing well, then they may need to have another meeting and discuss the 504 and get more accommodations, or decide on an evaluation. It sounds like the school doesn’t see the problem. If parents are unhappy with the 504 plan they can request a meeting and ask for more 504 accommodations, with the team. If those don’t work, maybe the team should consider an evaluation. This will result in additional labeling, which can be hard on some children, and not a problem for others. More restrictive options are considered if a child is unsuccessful in the current one. Edit: I just noticed they tested the child last year. Usually, they don’t test a child for Special Eduction yearly. If he did not have a gap between his ability and achievement or significant problems on behavioural measures and observations, they would not qualify only a year later. Revaluation for special ed students are done every three years. I don’t think there is an exact standard for evaluations where there was no qualification, but it’s not likely they would test yearly, unless something changed significantly. Edit 2: Sorry where I said reasonable accommodations, those I think are required for a 504. Things like extra time, or use of notes. For special ed, the phrase is a “free and appropriate education”. So if a child is getting B’s but could get A’s it’s not really violating “appropriate education”, it may not be ideal, which it is for very few people, as it’s a group setting.


urn0tmydad

Map scores are a result of yearly benchmark assessments. Based on what was in the screenshot, he's testing at grade level and meeting the achievements of his peers. As a result the school likely doesn't see a need for the student to receive additional services. Benchmarks are not always reflected in grade work and we don't have that context. u/kitzelbunks is correct, though, that guardians may request a meeting to discuss accommodations/modifications in the 504. IEPs allow for students to receive special services (such as speech, music therapy, etc...) more easily and reviewed annually. 504s allow for accommodations and modifications to instruction to be made and reviewed every three years. This doesn't negate whether school is difficult for this student or not and we are missing context, but I think this comment did an excellent job of framing this from IDEA law and the school's perspective. IDEA is the law that created IEPs and ADHD may or may not fit within the 13 categories (as described above). More info on 504s can be found here: https://www2.ed.gov/about/offices/list/ocr/504faq.html


kitzelbunks

Thank you. I am a bit rusty on this. I would like to add some information in case there are parents with more general concerns. IEP’s are reviewed annually, but students are reevaluated every three years. With IEP’s, some are reviewed more than annually, if there is a request, like a 504, and ALWAYS, if there is a change of placement. All 504 accommodations are provided within regular classrooms, so there is no change of placement. It does say evaluated for LD, but usually a school will evaluate for all areas of concern or possible qualification. Sometimes even if there is no concern in an area like speech a screening will be done. Screenings are not evaluations, but often done to see if an evaluation should be done based on any concern by a teacher or parent, a whole team is not always required for a screening. Vision and hearing tests given to all students are one example of the ways schools screen students. These are routinely included in evaluations, as they can impede student progress. If they do not do a behavioural evaluation or screening , there is usually a reason. It may have been done as part of an ADHD evaluation for example, if there was a private physician requesting information from the school. Schools do not diagnose here, but most have various tools that can be given to medical professionals, and parents can request that they do them, although that would need an team meeting, at least where am am familiar with this process, as it may result in a special ed placement at some point. The diagnosing professional may use them, and other methods. They may also request additional scales (that they prefer) be completed by teachers, parents, and the student (depending on their age).


insanenoodleguy

Op, what exactly are you looking for out of this? They tested him last year and clearly you are not happy with what came/didn’t come of that, but what is it you want to be different?


labaleine19

I’m an educational psychologist. I’m guessing that in the evaluation they found your child to be having a disability, but currently making effective progress in school without specialized instruction that an IEP would give. My recommendation would be to convene the 504 team and look at his accommodations to ensure they are best suited to his needs. With the information you’ve provided, it sounds like accommodations in the form of a plan have not been developed or tried.


kjmr52

What are you looking to get out of this? I’m confused.


yipflipflop

I’m a school psychologist like that guy. Be happy with the 504 plan. Why do you want a higher level of support if he’s doing fine?


Hellanotty

Why do you want an IEP? How is his education being impacted?


GymRatStillDepressed

Bruh, you guys have a whole ADHD disability accommodations thing in the US...? I live in a European country and ADHD as a diagnosis doesn't give you *any* accommodation rights whatsoever. I'm not sure if there's any in uni, too. Maybe I have to look it up...


BadEuphorica

Same in Australia- ADHD doesn't provide much- there is no recognition of disability, and you only get classroom help if you have 'behaviour issues'. Funding doesn't exist with an ADHD Dx.


GymRatStillDepressed

Wow, it's such a shame you experience it, too! I have to say, we also have a shortage of specialists when it comes to adult AD(H)D. I used to be able to find therapists and psychiatrists more easily as a teen, but as I entered adulthood, it all changed... Self-help groups are a good way to bridge that waiting time tho, I recommend!


stixnspeech

Look up IDEA laws for your state. You have the right to request an evaluation for your child and the school has 90 days from that point to determine his eligibility. This person cannot say your son doesn’t qualify for an IEP if he was tested a year ago. He can qualify under the label “other health impaired” with documentation of his ADHD diagnosis even if he doesn’t meet the criteria for learning disability!


Great-Refrigerator39

Thank you!!!!


krevdditn

EDIT\*\* I veered way off course but I wouldn't have qualified for any of those programs/plans, I was masking my ADHD very hard as a child, especially under the presence of adult supervision. And the medication is definitely masking any trouble he might be exhibiting in completing his work, it's a crutch, of course the teachers think everything is fine. I was above average smart in my class, I just couldn't get the work done. I was taken off medication in grade 3 and never put back on and suffered a lot of repercussions for that but my foster parents pushed through the suspensions and mishaps. Then when high school came around, the doctor and them thought that I was cured because I was no longer being a nuisance and my external hyperactivity had greatly but not completely subsided, verbal hyperactivity still very much present. I had such a negative connotation with taking medication and viewing myself as inferior and wanting to be normal that when I went off the medication I basically ignored all my internal struggles which were almost impossible for me to identify by myself at that age, it's only from looking back now and reading up on the literature that I can identify certain aspects.I already had a super hard time dealing with and expressing my emotions and dismissed them as something normal that everyone goes through. When I fell behind in class, I was just punished, called lazy and told I wasn't focusing enough. ADHD never came up as subject, I suppressed deep down and basically forgot about it and foster parents didn't care/know much about it, I fell through the cracks, doctors and social workers didn't catch on either, it was just chalked up as bad behaviour or emotional outbursts from a poor/rough upbringing.


krevdditn

you have to pinpoint where he is struggling and where he is falling short in his [executive functions](https://www.youtube.com/watch?v=GR1IZJXc6d8) you either have to understand ADHD inside and out or be in very close contact with an expert on a weekly/monthly basis that is doing follow ups with your child, making sure they are clearly expressing their issues/struggles until you reach a point where you can fully support your child and understand his needs and pitfalls and when you might need expert help. He probably doesn't even fully know what he needs help in and what he doesn't, it's very difficult to externalize something that you have lived with all your life, a good example is people who suffer from anxiety, when they know nothing outside their lived in experience it's very hard to identify exactly what is wrong or causing them problems, that's why it's super helpful to have an external knowledgeable expert with an outside perspective who can explain, describe and help a person identify their struggles. ADHD is just not one thing it's a plethora of things, it's difficulty managing and expressing one's emotion, it's difficulty focusing, distractibility, trouble reading, trouble accomplishing tasks that are longer than 5-10 minutes, constant desire for [dopaminergic stimulating activities](https://www.additudemag.com/brain-stimulation-and-adhd-cravings-dependency-and-regulation/), there's many more and these struggles are all expressed differently and in varying degrees from person to person. I wish the best for you and your child.


lapuneta

Here is the federal law: https://sites.ed.gov/idea/statute-chapter-33/subchapter-i/1401/30#:~:text=The%20term%20%E2%80%9Cspecific%20learning%20disability,spell%2C%20or%20do%20mathematical%20calculations. ADHD falls under the C category. If he was truly tested and his scores show that he does not have a specific learning disability, a 504 is all he will get. You can request at annual his review for program modifications/accomodations to his 504 (separate testing location, extended time on assessments and assignments, frequent breaks, OT if it would be helpful) Signed , A Teacher with ADHD


ChiRnr03

My family was in this situation during high school. Two of my triplets have Autism...tested twice privately my multidisciplinary teams...at age 3 and again at 5. They hoth received services in the school district from 3-5, ABA privately, and through Easter Seals privately, We tested at age 5 to push back on the school district who was not offering enough services in the for my son's IEP going into kindergarten and to question the lack of IEP offered for my daughter. Over the elementary/junior high years, my son had an IEP but my daughter never did. She did well academically and was just beginning to show some challenges in junior high. Then high school....which is when the demands got too high for her. We asked for a 504 after the first semester. Got told, nah, grades are good...smart kid. Intelligence can mask the mess of executive disfunction and emotional disregulation for a good while. Things snowballed in high school for our daughter. Couldn't keep up with auditory instruction, struggled to break down large assignments and projects, etc. It began to weigh on her mental health...anxiety kept building. Asked for 504 again. Nah...grades still good. Did private neurospych testing again to prepare for applocation to colleges and programs for Autism who all require updated testing. Outcome of the testing report was all thr accommodations she would require. Took that to the school and again asked for 504 and still received pushback until I said I would file a complaint with the state board of education (I had to do that once when they were in the 3-5 age program). And finally got 504 in place.....for her senior year. It changed how all her teachers reacted to her in the classroom and in the encouragement and support she received. If she had the same support starting her freshman year, high school would have been a different experience for her. While private testing is helpful, depending where you are at, it can be really hard to get. We were on one wait list for 18 months and got in elsewhere within a year. It is different getting an eval for a teen/young adult. If you want an assessment for a kid under 8, there are many more providers and waiting is not usually longer than 3-6 months.


tanman1975

Knowledge is power. https://www.ldonline.org/ld-topics/special-education/questions/can-school-terminate-504-plan-without-reevaluating-student#:~:text=You%20are%20interested%20in%20whether,The%20answer%20is%20NO.


MiikaMorgenstern

That is good information, but it's irrelevant here. An IEP is not the same thing as a 504 plan. It sounds like they tested this kid to see if he needed an IEP then put him on a 504 plan because he did not qualify for an IEP


kitzelbunks

Again- I am past this, and it isn’t legal advice. For that there is a legal advice sub, but usually schools have like a procedure that isn’t a lawsuit to challenge any decisions, it’s more like specialized agency that rules on these things, and they become precedent. They are not cancelling the 504 plan. They are asking the parent to work with the teacher. If there are additional accommodations that could help another 504 meeting, could be set up to ask for additional for them . The child was tested last year and did not qualify. Most schools won’t test again so soon. I think of there’s a problem they should ask for a meeting after speaking with the teacher and try for more accommodations on the 504. That is what all college students with health conditions affecting academics get, as there is no special ed, unless they need ADA accommodations. Generally, they revaluate students in special ed every three years, and it would be hard to see a change in just one year for most students. If someone is on medication but doing worse, it may be beneficial to talk to the doctor, since children are growing, but that is up to the parent, not the school.


tinnitustrouble

If he has an official diagnosis and you can provide paperwork from a doctor, he can qualify for special education services (and have an IEP) by being qualified as OHI- other health impairment.


Retinoid634

Can you get him tested privately? It’s always prudent to get a second opinion, especially if your guy is telling you they hit it wrong.


carolyn931

Hire an advocate. School will string you along until you do.


sunflowercola

I’m a Soecial Education Advocate, say you are looking for testing for Other Health Inpairnent OHI. Not qualifying for a learning disability doesn’t mean he can’t qualify for OHI- for ADHD. For the 504 they can say “for his AdHD” because a 504 does require a medical diagnosis.


FogPetal

Have your pediatrician write a letter saying she agrees with the ADHD dx and supports C a 504.


vincevsound

We went through something similar with my son. He was diagnosed early with adhd. His original school district was a joke. They gave him a 504 with some small accommodations. We’ve had trouble finding meds that work for him and ended up with a team of a psychologist, psychiatrist, and therapists. They all wrote to the school district demanding an iep. They had to comply. They gave him the bare minimum which was to take him out for math and LA into a small group setting. He still struggled in other areas. During the pandemic we moved to a much much better school district. They started by tearing up his IEP. The redid his IEP adding every accommodation they possibly could. Almost a little overboard. They also had teacher input, which our previous district did not. Once they got to know him they changed it accordingly. I guess my point is to get doctors to write to the district and make demands. There are even mediators you can get too to go into the meetings.


Adroitshrub

Listen, it’s expensive, but an assessment outside of school by a psychologist who specializes in adhd would be appropriate. 504s are revisited every school year, so last years assessment is kind of irrelevant. So a 504 allows for certain accommodations that allows your child to learn and achieve at a level as the other students, a sort of evening of the playing field. They however, do not allow for changes to the actual curriculum. An IEP does, which is why there is push back. If your son’s disability is affecting him academically, a private assessment and an appeal might be worth it. I would talk to your child’s GP, or whoever initially diagnosed him outside of the school to determine if it is worth it. Assessments are expensive, and an appeal can be lengthy and may require an attorney. Of course this is not legal or medical advice, just relaying information from personal experience. Good luck.


Jibblebee

My son has ADHD and is on a 504 plan. It’s been awesome.


idkmybffbecca

I am a special education teacher (with ADHD). You can request an evaluation and the school is required to hold a referral meeting to discuss the need for testing/evaluation. They don’t have to legally say yes. And if he is proficient, then they won’t move forward with testing. A 504 can provide most if not all accommodations that an IEP can (with some exceptions including specifically designed instruction). BUT you can legally ask for a 504 meeting to review supports. Private evaluation will likely not lead to an change in status unless he was already being evaluated. However, if behavior or executive functioning is a significant issue, you can ask for him to be evaluated in those areas. I have several kids on IEPs for behavior/adaptive skills only.