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Ask The Advocate by Steve Glink Click here to find out more about Steve Return to this month's newsletter Return to Ask the Advocate Archives To ask our advocate a question, email here
What do you do when your child is denied a Section 504 year after year? Hello, I have a son that has ADHD since he was in kindergarten. He is now in 11th grade and he has been denied the right to be put on a 504 plan. the school tested him and said that the DR's reports state he is ADHD and the school says he is ADHD but not disabled. How can I make the school and the school board realize that a medical DR's report stating he is ADHD is enough. I forgot to advise that this take's place in Sumter County, Florida. please help, I'm a frustrated dad.
Dear Dad: Thanks for your e-mail. Under revisions
to federal law (in 1997), ADD and/or ADHD are disabilities under the
"Other Health Impairment" (OHI) classification. They law is the
source of determining what a disability is, not the school! What they might
mean is that his disability does not have a negative impact on his educational
performance, which only means that he is not eligible for special education
under the federal IDEA law.
If they refuse to provide your son with
accommodations under a 504 plan, you must file a complaint with the U.S.
Justice Department (the Office of Civil Rights and/or the Department of
Education). You should also file a complaint with your State Board of
Education. You could request a due process hearing (that is the dispute
resolution process). To do that, send a letter certified mail, return receipt
requested to the superintendent, who must forward the request to the State
Board of Education. An impartial hearing officer will be appointed and hear
the evidence. There are many legal procedures so be careful. If you request
it, the school district must provide you with a list of places where you can
obtain low cost legal assistance.
Please feel free to contact me by phone or e-mail
(steve@educationrights.com) if
I can be of further assistance.
Steven E. Glink
Attorney At Law 3338 Commercial Avenue Northbrook, Illinois 60062 847/480-7749 (voice) 847/480-9501(facsimile) |