School Accomodations for ADHD: The Basics of IEP vs. 504

When requesting school accommodations for ADHD, one is typically looking for either a 504 plan or an IEP (Individualized Education Plan) or both.    I am not a teacher nor an education law specialist.  But in my travels I've learned a little bit, so I'll give you the basics and you can link elsewhere when you've passed School Accommodations 101.  Please note that this article refers to practices under United States law.  If you live elsewhere, these laws do not apply.

Section 504 and the IEP only apply to public schools.  

If your child goes to a private school, you may still request accommodations, but the school is not under any obligation to provide them unless your contract specifically states that these services will be provided (for example, if your child attends a school specializing in children with ADHD or special needs students).

How to make a request for accommodations.

You should submit your request for an evaluation for accommodations in writing to the appropriate authorities.   In writing because it begins a paper trail.  If you ever have problems with the school providing accommodations or dragging their feet, you must create and keep records to show that you have done your part.  Legally speaking, it is up to the parents to prove that the school has not done their job if problems arise.

Also, when a request is submitted in writing, it begins a clock.  The school usually has a certain period of time during which it is required to respond to your request.

The appropriate authorities differ from school to school and from district to district, so the best thing to do is to contact various possibilities until you get an answer.  Potential candidates include the child's teacher, the special education coordinator, or the principal.  If you speak to someone on the phone, always get their name.  Write down that you spoke to (name) and (date) about (topic) in a binder or notebook devoted to the purpose of school accommodations.

Once the proper authorities have been notified, the school should set up an evaluation.  Typically they will include the parents.  You should bring relevant medical records, report cards (or other evidence of academic struggles and/or failure), and records of other testing such as psychological testing or IQ testing.  The school may request more testing.  Sometimes if the school is not forthcoming, you should request your own testing (especially if you want an IEP and the school does not want to give you one).

Every child with ADHD should qualify for a 504 plan

Then the school will come up with a plan.  All students with an ADHD diagnosis are eligible for a 504 plan, unless the school disputes the diagnosis.  They cannot deny you a 504 plan based on lack of failing grades or any other academic criteria.  The 504 plan protects your child's rights as a person with disabilities, whether or not they affect their learning.  For example, this law allows a child with ADHD to request an accommodation such as being able to get up and walk around in a nondisruptive way, without being subject to teacher reprimand.

A 504 plan does not have to include the parents in planning (although most schools do, anyway), does not have to include a specific plan with a specific timeline or specific goals.   Nor does it have to be reviewed annually.   It is simply a list of accommodations.  Just because you have a 504 plan does not mean it will be followed.  Parents must be proactive in making sure that proposed accommodations are being implemented in the classroom.

An IEP is for a child who needs special educational accommodations.

An IEP requires more of the school and is typically more difficult to get.  To get an IEP, some school districts require that the child show evidence of being unable to function in a regular classroom.  This usually requires some evidence that the child is not making good grades without significant accommodations.  Having an IEP means that you can ask the school to name specific goals, propose a specific timeline,  and name specific strategies to meet those goals.  The school is required to involve the parent and to periodically review the child's progress in meeting the educational goals spelled out in the plan.  This is at least annually but may be more frequent.  Although an IEP falls under special educational law, having an IEP does not automatically mean your child will be placed in a special education classroom. 

The public school may not stipulate that you must medicate your child for your child to receive accommodations.  

Teachers may strongly and repetitively voice their opinions regarding medications, but this is a decision you must make with your child's doctor.   The school cannot force you to medicate.  A private school, however, may request that your child be under treatment in order to stay enrolled.  This type of request may be an indication that the school is unable to handle a child with ADHD (since treatment may or may not work), but it is not illegal.