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Section 504 for Children Diagnosed with ADHD

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7:23 pm
January 26, 2011


Pam Olson

Alabama

Member

posts 68

I work as a disability advocate in the state of Alabama and have two family members diagnosed with ADHD.  I am interested in hearing from anyone out there who have had children denied Section 504 accommodations for ADHD by their schools.  The American Disability Act Amendments Act which went into effect as of January 1, 2009 should be making it much easier for children to become eligible under Section 504 and receive accommodations.

5:41 am
March 3, 2011


Adele Breytenbach

South Africa

New Member

posts 1

Tell me more about this act and what it entails.  In South Africa we do not have such a act, as ADHD is not even recognised by all medical aids as to be a chronic condition.  In schools no provision is made for children with this condition.  Most teachers don't even recognise the condition and all children are treated the same.  When my son was in grade 1 his teacher wanted to fail him, she said he did not have intelectual ability to be in school and he should be in a special school for children who is mentally retarded.  I had him tested, and he scored so high that the examiner suggested we send him to a school for gifted children as his scores in maths especially was very high. 

8:29 pm
March 3, 2011


Pam Olson

Alabama

Member

posts 68

It sounds like there needs to be a disability advocacy movement in your country.  I encourage you to learn as much as you can about ADHD and then start teaching others about it.  Section 504 is part of our Rehabilitation Act and it ensures the right of all individuals considered to have a disabiity that impacts major life activity can have access to education, work, and other areas in society.  It requires reasonable accommodations be provided to those individuals so they can be competitive with others without disabilities.  The most common examples of accommodations in school for children with ADHD include things like taking tests in a smaller and less distracting setting, allowing additional time for testing, breaking assignments down into smaller segments so the child only has to focus on part of the assignment– finish that part and then move on to the next.

Here is some additional information from an ADHD website:

From:  http://www.help4adhd.org/en/ed…..rights/504

”Section 504 of the Rehabilitation Act of 1973 is a civil
rights law designed to eliminate discrimination on the basis of disability in
any program or activity receiving Federal financial assistance.  Section
504 guarantees certain rights to individuals with disabilities, including the
right to full participation and access to a free and appropriate public
education
(FAPE) to all children regardless of the nature or severity of
the disability.  Specifically, 34 C.F.R.§104 states:

"No otherwise qualified individual with a disability in
the United States… shall, solely by reason of her or his disability, be
excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial
assistance."  

Section 504 requires the provision of appropriate
educational services; services that are designed to meet the individual needs
of qualified students to the same extent that the needs of students without a
disability are met.  Essentially Section 504 was designed to "level
the playing field," to ensure full participation by individuals with
disabilities. 

Who Qualifies?

To qualify under Section 504 a student must:

  • Be
    determined to have a physical or mental impairment that substantially
    limits
    one or more major life activities including learning and
    behavior.
  • Have
    a record of having such an impairment OR
  • Be
    regarded as having such impairment.

How can Section 504 help my child? 

Section 504 ensures that a qualified child with a disability
has equal access to education.  The child may receive appropriate
accommodations and modifications tailored to the child's individual
needs. 

What is an "appropriate" accommodation under
Section 504?

An appropriate accommodation for a student with a disability
under Section 504 could entail

  • education
    in regular classrooms,
  • education
    in regular classrooms with supplementary services, modifications and/or
    accommodations,
  • special
    education and related services OR
  • any
    combination of the above. “

I am sorry that your child was treated in this manner.  My son is also gifted with a high IQ but his ADHD impacted him greatly.  When his teachers began to require that he plan long-term assignments, keep up with homework and sit still in a chair he went from A's to almost failing.

2:42 am
February 22, 2012


Stephen Masacre

Member

posts 92

Adele Breytenbach said:

Tell me more about this act and what it entails.  In South Africa we do not have such a act, as ADHD is not even recognised by all medical aids as to be a chronic condition.  In schools no provision is made for children with this condition.  Most teachers don't even recognise the condition and all children are treated the same.  When my son was in grade 1 his teacher wanted to fail him, she said he did not have intelectual ability to be in school and he should be in a special school for children who is mentally retarded.  I had him tested, and he scored so high that the examiner suggested we send him to a school for gifted children as his scores in maths especially was very high. 

I am very sorry to hear that also, I have seen many things that go on in Africa, I hope for all the best for you | your family | and your community, but honestly, I would not expect anything as far as real laws or legislation to start happening, except for the occasional physicians that you have and visitors to help your country. 

 

I would be really trying to get your family or yourself into a Country you deserve to be in, like Canada … which I know you would much rather stay in your own place, but you know as great of a person and smart as you are, you deserve to be in a Country and Continent where people are treated properly , which is even hard for me to even say but I am sorry it just is the truth.

 

"When my son was in grade 1 his teacher wanted to fail him, she said he did not have intelectual ability to be in school and he should be in a special school for children who is mentally retarded.  I had him tested, and he scored so high that the examiner suggested we send him to a school for gifted children as his scores in maths especially was very high. "

READ THAT OVER AGAIN , he scored SO HIGH and was SO INTELLIGENT .. yet the school thought he was RETARDED ? … well it is not just about Africa … it happens all over the U.S too … but nevertheless, you should just get out of there … come here .. or go to another school, I am so sorry that has happened with you, and that should never happen to ANY one :-) – ( but it does, and I wish you all the best )

 

Please let us know your current situation now and we wish that all is going well now            . :-)

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