preferential seating, extended time on tests, study guide in advance of tests, organizational assistance,
All of these things can be provided in the general ed. classroom by the general ed teacher. I would suggesst trying these interventions first. The law now states that teachers must try and document various interventions before moving a child to special education services. This is called reponse to intervention RTI. Also, 504 is supposed to be for children who have a temporary need such as illness, behavior changes from life crisis, needs after surgery etc. If it is a long term disability which ADHD is usually seen as then he would be OHI under special ed. Is he showing an eduacational need that cannot be accomodated in the general ed classroom. Such as a quiet environment to work outside of the classroom, modified curriculum, reteaching, social skills classes. If the answer is yes then he will need special education services. You can request an OT eval and the meeting.
ADHD alone does not qualify a child for services there must be an educational need or they are breaking the law. Usually kids who qualify under OHI for ADHD are already on medication and still have problems.
WHOA this is not completely accurate info.
Section 504 of the 1972 rehabilitation act is disgend to be the Educational Equivalent of the American with Disabilities act and the disability portions of the Fair Housin Act.
It is NOT for temporary issues. It is wso that a child with a DISABILITY is not DISCRIMINATED against by the school because of the disability.
Next, children with IEPS can and do have their needs met in the regular general ed classroom. The key to IDEA and an IEP is that the services MUST be provided in the least restrictive environment. The general classoom is the least restrictive enviornment. Further, the child must show education need because they are not able to receive a free and appropriate education (FAPE). The definition of educational need is determined by what laws your state has passed that go beyond the protections under federal law (an example is a gifted mandate) or by what your SCHOOL DISTRICT has determined educational need is beyond the minimum protections by the federal law. For example, our school district recognizes CAPD as a disability eligible for an IEP, federal law does not. Always remember that your child's behavior that keeps OTHER children in the classroom from receiving a free and appropriate education does qualify the child, under IDEA, for an IEP.
As for what would be appropriate for your child's IEP, that would be based off the problems in school your specific child is having. It's not a one size fits all type thing (hence why its an INDIVIDUAL education plan).
I have one child (ADHD most likely combined but definitely hyperactive impulsive) who has an informal 504 plan with the school. We did an IEP eval on him and he was declined. We created an informal 504 plan with the school because he's started medication and we saw great improvements. The informal 504 plan is NOT enforcable and is basically just the school working with our son. His "plan" includes things like having a desk set apart from other students as needed, the ability to get up and move around during teaching times, the use of sensory items, an informal behavior intervention plan, teacher tracking and reporting of behaviors to the parents, etc... (he's only in 1st grade so no real need to address homework, test issues yet).
My older child has had an IEP since he was 3 years old and we had a Individual Family Service Plan. Even at his highest rate of SPED services (33%) he still spent 90% of the time in the general classroom. His only pull out was speech. Any other pullouts were for calming down and not set schedules. Much of the time the teacher came into his classroom (plus in kindy and 1st grade he had a 1 on 1 aide). In his younger years we did have a behavior intervention plan (bip), but its gone now. Much of his accommodations include preferential seating (away from the hallway due to his CAPD and to avoid noise), the ability and space to pace, longer time for state required tests (NOT regular everyday school tests), quiet place for testing (as needed), teacher to check back frequently for understanding, all instructions presented both verbally and written, having things reworded or explained differently as needed, access to sensory items as needed, access to resoruce room for decomp/destress as needed, teacher checking his homework notebook each day to make sure he's gotten all the homework written down, assistance with going over grades, turning in homework etc as needed, advanced notice of changes in his schedule, etc...
Now my oldest is more then just ADHD-HI (he's also dx with CAPD and MERLD)
Very quick law school lesson here.
Federal law is the same in every state. It is the minimum protection that the state must abide by. Special education categories are set by Federal Law. Section 504 is federal law and thus the same in every state. As I mentioned earlier, a state may pass a law that grants a person MORE protection then federal law, but they cannot make less protections. ADHD is a recognized disability for both IDEA and section 504 and has been for over 20 years.
With any law that affects a disability, eligibility is NOT based on just HAVING the disability, but you MUST show that the disability is getting in the way.
There are lots of people with disabilities that function at a normal or almost normal level and thus don't qualify under the laws.