Ask A Parent Advisor: Section 504 and the Americans with Disabilities Act Amendments Act (ADAAA)

Q. I have a son who has Attention Deficit Hyperactivity Disorder (ADHD). He does OK in school with his medications. The school said he does not qualify for an Individualized Education Program (IEP) because his grades are OK. Sometimes it is hard for him to concentrate and sometimes he forgets his meds and gets in trouble at school. Should I ask for a Section 504 plan for him?

A. Yes, if you think he will benefit from a 504 plan. With the passage of the American with Disabilities Act Amendments Act (ADAAA), Section 504 and the ADA were strengthened. The ADAAA Statement of the Senate Managers explains that “It is critical to reject the assumption that an individual who has performed well academically cannot be substantially limited in activities such as learning, reading, writing, thinking, or speaking.” (ADAAA Statement of the Managers, U.S. Congressional Record, 2008).

The ADAAA also eliminates “mitigating measures” which can be thought of as things that change an individual’s personal environment to help minimize limitations. Examples of mitigating measures include things like medication, hearing devices, oxygen, wheelchairs, speech devices, etc. Medications for ADHD are considered to be a mitigating measure. A section 504 plan can address how the school will support and respond to your son when his ADHD is not medicated or when the medication is not effective. It can also address accommodations that can help your son with his behavior and concentration.

Q. I have a daughter who is labeled gifted, bipolar, and PTSD. She does not have an IEP because her grades are too high, and most days she can manage her anger. Some days she can’t, and she ends up in the office. Most days she can get out of bed and go to school, some days she can’t. The counselor seems to be understanding, but we get calls from the school when she’s absent with the “truant” message. Will a 504 plan help her?

A. Yes. When conditions are active, that are typically episodic or in remission, they are covered under the ADAAA and Section 504. This may be of use for people with disabilities whose symptoms vary at different times and under different conditions, such as children with Bipolar and PTSD. When your daughter is experiencing an episode of anger at school, she can have an accommodation that addresses the school’s support and response to her. When she can’t attend school because of her condition, accommodations can be written to support her and her academic work during those episodes.

Q. My son has ADHD and gets good grades in general. He does not qualify for special education services. However, he spends 3 - 4 hours per night completing work that takes his classmates 1 hour to complete. Could a 504 plan help him?

A. Yes! If you can document the amount of time spent on homework, you are documenting a “mitigating measure.” If your son did not spend a lot of extra time on homework, he would not complete the homework and his grades would suffer. Extra time spent on homework is a mitigating measure. Under the ADAAA and section 504, a mitigating measure can include studying and test taking. Homework is studying. With a section 504 plan, an accommodation can be written to address homework.

PEAK Parent Center www.peakparent.org August 2010 SPEAKout Newsletter