ADHD: an IEP or a 504 plan, decided by one fact
A child with ADHD can qualify for either an IEP or a 504 plan, and many get the 504 plan because seating, breaks and extended time keep them level with the class. What decides it is whether the ADHD keeps your child from learning unless the teaching itself changes, or only calls for the day to be arranged so the same lessons reach them. You can read the answer off the records today: open the last evaluation and the report card and look for whether your child needs to be taught a skill or needs a barrier moved.
What decides it
IDEA“a child evaluated … as having [one of the thirteen disabilities the rule lists] … and who, by reason thereof, needs special education and related services”
34 CFR 300.8(a)(1)
Section 504“any person who (i) has a physical or mental impairment which substantially limits one or more major life activities”
34 CFR 104.3(j)(1)
For ADHD the split runs between a child who needs starting, planning and finishing work taught as lessons with goals, and one who keeps pace once the room and the tests are adjusted.
What each plan gives your child
| An IEP | A 504 plan | |
|---|---|---|
| Who decides | A group of qualified professionals and you decide, after an evaluation that looks at attention, behavior and schoolwork rather than at the ADHD diagnosis alone.34 CFR 300.306(a)(1) | A group of people who know your child, the evaluation data and the placement options decides, and a doctor’s ADHD letter is one source among several.34 CFR 104.35(c) |
| What it can contain | Measurable goals for organization, task initiation or self-control, the instruction that teaches them, related services such as counseling, and progress reports on a set schedule.34 CFR 300.320(a) | Regular education with related aids and services designed to meet your child’s needs as adequately as everyone else’s: seating, breaks, a check-in, extended time on tests.34 CFR 104.33(b)(1) |
| What protections attach | Written notice with reasons before any change or refusal, and, within ten school days of the decision to change placement over conduct, a review of whether the ADHD caused the behavior.34 CFR 300.503; 34 CFR 300.530(e) | Notice, a look at your child’s records, an impartial hearing you can join with a lawyer, and a new evaluation before any significant change in placement.34 CFR 104.36; 34 CFR 104.35(a) |
Which way the record points
Three signs it should be an IEP
- The report card shows grades or work completion sliding while the 504 accommodations were in place and, by the teacher’s notes, being used.
- An evaluation or the teacher’s data shows your child has not learned to start, plan or finish work alone, and no accommodation supplies a missing skill.
- Referrals or a counselor’s log show the same problem in every class, which points to a skill to teach rather than a room to arrange.
Two signs a 504 plan is right
- Grades and test scores hold at grade level, and the teacher’s notes say the breaks, the check-ins and the extra time are what keep them there.
- The pediatrician’s evaluation names attention as the barrier and nothing else, and no teacher has asked for a skill to be taught directly.
What to ask for in writing
Email it to the principal and the special education office, and write down the day you sent it.
I am requesting an evaluation of [child’s name] under IDEA in every area ADHD affects, including attention, executive functioning and schoolwork, and, if special education is not needed, a Section 504 evaluation from that data, answered in writing.
A refusal to evaluate under IDEA owes you written notice with its reasons (34 CFR 300.503); under Section 504 the school has to give you notice, the records and an impartial hearing (34 CFR 104.36).
This page compares two plans; it does not replace an evaluation of your child, the team’s decision, or advice from someone qualified to read your file.
If your child already has an IEP, have it read back to you, free.
The review reads every IEP page you upload, names the goals and services whose wording is vague or missing, and gives you the page number.
Review my IEP — freeFree, no card. It reads your pages and contacts no one.
Where this comes from
- Specially designed instruction (34 CFR 300.39)What “special education” means.
- Section 504 evaluation and placement (34 CFR 104.35)Who decides a 504 plan, and from what.
- CDC: ADHD in the classroomThe two school approaches the CDC names.
- Child with a disability (34 CFR 300.8)The IDEA test, quoted above.
- Section 504 definitions (34 CFR 104.3)The 504 test, quoted above.
When the signs point to an IEP, the letter that asks for the evaluation is here.