Smart Kids With LD

By Eve Kessler, Esq.

Some students with learning disabilities that do not receive services under IDEA may still be protected under Section 504 of the Rehabilitation Act, a federal civil rights law that prohibits discrimination against people with disabilities.

School districts have treated Section 504 with greater flexibility than IDEA, thereby opening the door for knowledgeable parents to establish a more powerful role in their child’s evaluation and eligibility.

	Eligibility Eligibility for Section 504 requires that a student have a substantial impairment that has a material impact on his or her ability to perform a major life activity (e.g. walking, hearing, speaking, learning, etc.). Making the case for eligibility begins with gathering data from a variety of sources and providing your child’s school team with as much information as possible to confirm that his disability substantially limits one or more major life activities.

Information Sources

Bring examples of her schoolwork and homework. Request and analyze her school records, and use information from assessments, evaluations and her school-based files (including quotes from various teachers) to establish her present level of performance and support her need for an appropriate education.

Make the Case

Address organizational or social/emotional challenges, including how she develops relationships, keeps friends, and works and plays in group settings. Allow your child to speak for herself and articulate how she learns best.

What Next?

If your child is found eligible, the team must identify her specific, individual needs and assess the particular provisions she requires to access the curriculum and benefit from the school program. These may include related aids, supports, and services, assistive technology, accommodations, adaptations and modifications (changes to the general education program), compensations and strategies. For example, if your child can listen but cannot take notes and forgets to hand in her homework, discuss what strategies would be helpful and how they can be implemented successfully.

The child’s educational placement, in academic and non-academic settings, must be in the Least Restrictive Environment (LRE)—with non-disabled peers—to the maximum extent appropriate. This includes the time spent in extracurricular services and activities, such as during meals, recess, physical education, and field trips.

Monitor Progress

Make your expectations for her clear to the team, and schedule follow-up team meetings to track her progress. Implementation of the 504 Plan is essential: no amount of preparation can replace a teacher’s willingness and ability to modify a student’s curriculum and learning environment in accordance with her plan.

This article is based on a webinar by the Advocacy Institute featuring Claudia Lowe, an educational strategist and consultant, and founder and director of The Advocacy & Learning Center (TALC) and Lead Students of America (LSA), and on A Web Guide to the Special Services Partnership, www.spednetwilton.org, published by Special Education Network of Wilton (CT), Ltd.