Not Eligible

A parent continues to fight for his child's educational rights after being denied services from her school.

I live in Mission Viejo California my question to you is what rights do we have to the school districts IEP program under other health impaired as we are looking for some individual help for our daughter. They keep telling me about a 20 point difference in the IQ testing and other test. so they want to put her on a 504 which is a joke the teacher doesn't understand what to do ant insight would truly help us. My daughters 4th grade year has almost been a waste.

Your e-mail to the ADDHelpline was forwarded to me for review and response. As you know, under the Individuals with Disabilities Education Act (20 USC 1400, et. seq.), a child with ADD or ADHD may be eligible for special education under the Other Health Impaired (OHI) classification. In order to establish eligibility, the child's disability must have an adverse impact on his/her educational performance. The 20 point differential that you mentioned is not written into the federal law. You should check with your state board of education in order to find out if that is their standard for eligibility, although I would be surprised if it was. Section 504 of the federal Rehabilitation Act is another anti-discrimination law that has a lower standard than IDEA. Section 504 does not require an IEP. Rather, it only requires "accommodations." What accommodations are necessary must be determined by the IEP team, which includes the parents. If you disagree with the school's recommendations (i.e., a 504 plan vs. IDEA eligibility and an IEP). then you must file for due process with your state board of education. Since I am only licensed to practice law in Illinois, I cannot advise you on California law. I hope that this was helpful. Feel free to e-mail back or call me at 847/480-7749 if I can be of further assistance. Steven Glink, attorney at law.