How to Get an IEP or 504 Plan for ADHD
The process of securing academic accommodations for your child with attention deficit disorder (ADHD or ADD) can be confusing — and intimidating. Follow these eight steps to take the hassle out of requesting and establishing an IEP or 504 Plan for ADHD.
1. Get an Accurate ADD Evaluation
Write a letter requesting an evaluation to see if your child with ADHD might benefit from academic accommodations.
Address it to the chairperson of the Committee on Special Education Services — aka the Director of Special Education Services. (It’s often a waste of time to send the letter to the child’s teachers, guidance counselor, or principal.)
Should the school decline your request, or if you’re dissatisfied with the evaluation’s findings, arrange for a private ADHD evaluation. (In some circ*mstances, the school may have to pay for the outside assessment.)
TIP: Send your letter by certified mail or hand-deliver it and keep a dated proof of receipt for your records.
[Quiz: How Well Do You Know Your Child’s Legal Rights at School?]
2. Meet With the Evaluation Team
A school-sponsored evaluation is conducted by a multidisciplinary team — including special-education teachers, the school psychologist, and other professionals. As part of the process, they’ll want to meet with you to learn more about how your child functions in school.
Team members will review your child’s academic records, conduct a behavioral assessment, and observe her in the classroom. Following the assessment, you will discuss the results with the evaluation team and together you will decide whether your child needs special-education services to address how ADHD impacts her ability to learn.
TIP: Bring copies of your child’s report cards, standardized test results, and medical records, as well as a log of your communications with the school and other professionals to the meeting. (See our checklist of academic records that every parent should keep!)
3. Decide Which Laws Are Applicable
Two federal laws provide for free, public special education services: the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Federal Rehabilitation Act.
IDEA
IDEA covers kids with very specific conditions, including intellectual disability, emotional disturbances, hearing impairments, and speech and language difficulties. Kids may qualify for coverage if they frequently have one of these problems in addition to attention deficit. Some qualify under another IDEA category: Other Health Impairments. If your child’s ADHD is so severe that he’s unable to learn in a regular classroom, he may qualify.
Section 504
Section 504 covers ADHD kids who don’t qualify for special-ed services under IDEA, but who need extra help in the classroom. The law prohibits schools from discriminating against students because of physical and mental impairments. Just as the school must provide ramps for kids in wheelchairs, it must make modifications (such as preferential seating, extra time on tests, or help with note taking) for kids with brain-based learning barriers.
[Downloadable Card: 30 Great Accommodations for Kids with ADHD]
FYI: If the team decides your child doesn’t need special ed, you’re entitled to appeal your case in a “due-process” hearing – a legal proceeding that often requires legal representation for the family, testimony from independent experts, and a review of meeting transcripts, test scores, and other documents.
4. Develop an IEP or 504 Plan
If your child qualifies under IDEA, you should meet with the team to develop an Individualized Education Program (IEP), which specifies your child’s educational goals and how those goals will be met in the ‘least restrictive environment’ — which generally refers to a regular classroom.
Parents must be assertive. Make sure the IEP spells out exactly how the school will help your child meet his goals, which should be specific, measurable, and achievable.
Include time limits: “By month three, James will reduce his interruptions from 10 per day to 2 per day.” The IEP should explain exactly how James will be taught to stop interrupting. Unless the strategies are specified, there’s no way to enforce them.
If your child qualifies under Section 504, a school representative will help you and your child’s teacher compile a 504 Plan, or a written list of accommodations that must be followed at all times. Unlike an IEP, there are no legal requirements about what should be included in a 504 Plan, and the school isn’t required to involve the child’s parents in the process (although many schools do).
TIP: Learn more about writing and implementing an IEP — including required provisions and the evaluation-team composition — on the federal Education Department’s web site.
5. Insist on a Customized IEP or 504 Plan
The school may try to tailor your child’s IEP around its existing programs, even though IDEA requires schools to customize the plan based on the child’s needs.
If you’re not satisfied with the IEP, don’t agree to it.
The school may offer something more, or you can request a due-process hearing. If you prevail, the school district may have to pay for your child’s education in another school that offers the needed services — even if it’s a private school.
TIP: For specific accommodation ideas, check ADDitude’s Free Download: Classroom Accommodations for School Children with ADHD.
6. Monitor Your Child’s Progress
By law, the educational team must meet annually to review your child’s IEP. Many school districts schedule the annual meeting in the spring, so that team members can review current strategies and your child’s progress, and set goals for the coming year.
You can request a meeting whenever you think one is needed — like the beginning of each school year. Your child’s progress during the summer, or the demands of the new grade, may necessitate plan changes.
If your child receives special services under a Section 504 Plan, the school is not required to hold an annual review or to involve parents in meetings. However, you may still request a meeting at any time, and many schools invite parents to participate in the process.
7. Create a Paper Trail
As you secure services for your child, put all requests, concerns, and thank-you’s in writing — and keep copies on file. A note asking the teacher for your child’s test scores can be valuable if you later have to document that the request went unmet.
After each IEP meeting and conference with school staff, summarize the main points in a letter to participants. This establishes a written record of what was said.
A recent U.S. Supreme Court decision underscored the importance of good record-keeping. The Court ruled that, in a due-process hearing, the legal burden of proving that a plan fails to meet a child’s needs falls on the parents. It’s more important than ever to document your child’s difficulties, to be assertive about receiving progress reports, and to push for changes to the IEP as the need arises.
8. Seek Support
If at any point you reach an impasse with school authorities — or if you just want an expert to accompany you to meetings — contact an educational advocate or attorney. Many offer free or low-cost consultation.
To find one in your area, look online at:
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What Accommodations Can Be In a 504 Plan or an IEP?
Good accommodations depend on your child’s specific challenges and needs, but if you need help getting started, here a few that work well for many students with ADHD or LD:
- Seat the student close to the teacher or to a good role model
- Allow the student to share notes with a buddy
- Daily report cards or progress reports tracking behavior
- Extra time for tests or homework assignments
- Frequent breaks between assignments or tasks
ADHD Accommodations: Next Steps
- Read:Everything You Need to Know About IEP and 504 Plans
- Download:40 Winning Accommodations for ADHD and/or Learning Differences
- Listen:IEP or 504 Plan? Which is Best for Your Child?
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