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Monday, March 30, 2009

Understanding Section 504

Section 504 of the rehabilitation Act of 1973 protects students with handicaps from discrimination, requires schools to take reasonable action to prevent harassment and requires schools to make accommodations to ensure that students with handicaps have equal opportunity to programs and activities. Section 504’s definition of handicapped is any mental, physical or emotional impairment that limits one or more life activity, such as learning. This article provides more information on ADHD and Section 504:

http://www.helpforadd.com/educational-rights/

Children with ADHD who do not need special education are eligible for special accommodations under 504. Schools must provide students with handicaps equal opportunity in the most integrated setting appropriate and those students must remain in the regular educational environment.

How do you feel this might affect other children in the class? Also, some parents might object to this because they feel that the children who need special accommodations might be receiving more attention than their children. How can the teacher balance everything while still giving each student what he or she needs?

This blog was created by Susan Bartolozzi and Laura Martino

10 comments:

Tjasa said...

In the case of a child with ADHD, he has the legal rights to receive special accommodations under 504. It may serve as a disadvantage to some children in the class who’re low functioning (and get poor grades) but are not eligible for any services. Also, a child with ADHD will probably be accommodated with extra time to finish a test as opposed to the other children in class who may also need more time but have no special accommodations. I could see the parent’s point where they think that this child with ADHD receives more attention than other children. However, these parents have to be explained that in this instance, a child with ADHD, really needs these accommodations in order not to be retained and to have any chance for the future success. There’s a difference between a child that is lazy and unmotivated to do work and therefore receives a poor mark on his test and this child with ADHD who cannot do the work required of him because of his disability. If the problem arises among parents, the teacher needs to hold a meeting and explain to all parents’ things I’ve discussed above. Hopefully these parents will become more understanding and cooperative.

Tahina said...

There is no way one teacher can balance accommodating 19 non-disabled students and giving an ADHD child the individualized attention they need. It would lead to both the students and teacher getting very frustrated. I feel that one of the easiest ways to assist a child with ADHD in an integrated classroom is to add a teacher assistant. Teacher assistants provide instructional and clerical support for classroom teachers, allowing the teacher more time for lesson planning and teaching. They support and assist children in learning class material using the teacher’s lesson plans, and provide students with individualized attention. Most of our classrooms are already overpopulated and many of the children do not get enough attention as it is. Therefore, if there were to be a child with ADHD in an already overpopulated classroom, it could lead to an educational disadvantage to the other non-disabled students. (This is the way most parents are thinking.) The teacher's assistant would be there to assist both the students and the teacher and help the day go by more efficiently.

Most classrooms have a 20:1 ratio of students to teachers (if not more). And we also know that all students do not learn at the same pace. It is my strong opinion that even if there are no students with disabilities in a classroom, and considering the size of the classroom, there should be more than one teacher (teaching faculty) assisting with the daily classroom routines. Teachers are counted on to provide students with the tools for academic success. Parents are not in the classroom to enforce the learning of their child therefore, a teacher assistant is the next best thing in helping out kids achieve. In addition to the mandatory accommodations required by IDEA and Section 504, having a teacher assistant in overpopulated classrooms can help improve the level of education students receive.

Laura M said...

Something else to consider - children with ADHD are often excessive talkers, interrupt others, make inappropriate comments, get out of their seats and boss other kids around. Is it fair to the other students in the class to be placed in a classroom with a child who constantly disrupts class?

Tami said...

Yes, under 504 a child with ADHD has the right to receive special accommodations in a regular education classroom. However, I can understand where problems may arise due to this situation. Other children in the classroom may not understand why this student with ADHD is receiving special accommodations and they are not. In addition, there will be those parents who will complain. These parents may feel it is unfair to the older children in the classroom, who may then be receiving less attention. They may also feel that their child may perform better with these special accommodations, and feel that their child deserves them. However, everyone needs to understand that the child has ADHD which my hinder his performance without such accommodations. The fact is not that the child is lazy, he has a disorder which makes him or her eligible for such accommodations. Maybe when this situation does occur in a classroom all parents should be informed of the situation so they are well aware of it before their child comes home and complains or informs them of what is occurring.

Angelica said...

Like Tjasa stated, a child with ADHD has the right, under section 504, to receive any special accomodations and special services to enable them to have an equal opporutnity to general programs and educcational activities. Depending on the severity of the disability, a child may be placed within different academic settings to ensure that they are receiving an education at the best matching level in regards to their performance. In regards to the other children, depending on the grade level, they may be confused and may not understand why certain children are receiving special help and accomodations in regards to the subject content and testing. Not only would the children be wondering why others may be receiving more help and extra attention, like stated, some parents may also object to the fact that extra attention is given to children reciving these special accomodations. In these cases, teachers and school psychologists need to cooperatively work togeher to ensure that everyone is happy. Special Education children have a right to privacy. Their disability and difficulties may not be disclosed to other parents unless consent has been established. Due to this, teachers and psychologists may be limited to what they tell the parents. I do agree that a meeting may be held in order to serve as a mediation to some of the issues and problems parents may be concerned with, however, no exact specific information may be disclosed. General information regarding special education as a whole may be addressed at the meeting to give parents a better understanding of their role and function, however, the specific child's name and severity of the disability would remain anonymous. In situations where a balancing of both special education students and regular education students arises, aides or extra teachers may be available within some mainstreaming classes for extra support. This way, the needs of all students are being addressed and properly met.

Desiree Antas said...

Section 504 dictates that disabled students cannot be prevented from exercising their rights to a free and appropriate public education. Its objective is to provide accommodations so that these children have an equal chance to compete in their regular classes. Section 504 is a non-discrimination law, it defines an appropriate education as one that meets the needs of a disabled student as adequately as it meets the needs of students without disabilities. I don’t believe it would have a profound affect on normal functioning students in the classroom. Other students’ parents should understand and empathize with those students who need special accommodations. As long as every students’ needs in the classroom are being met that is all that matters. If the teacher is a competent one then he/she will not have a problem balancing the diverse needs of every child.

Roxane said...

I think that a student having a 504 or even being in special education is personal. Parents of other students should not have knowledge of the accommodations being made. I feel like it is gossiping. I believe that a teacher should handle these objections by explaining that she is not able to discuss that and assuring them that their child is getting everything that they need to succeed, and encourage them to contact her with any questions or issues.

I think today's competent teachers must be able to balance 504's, kids with ADHD, behavior problems, emotional problems, etc. I think that balance can be achieved by seeking out further training to enhance their competency. In addition, it is important to have good relationships with everyone on the team. Because if a teacher feels that assisting a particular child with ADHD is going to detract from others, then they may be able to put an aid into the 504.

Melissa said...

This child with ADHD has a legal right to recieve special accommodations under Section 504. They have the right to recieve an equal education. Just becasue they have a disability doesn't mean that they will require all of the teacher's attention,and that other students won't be able to learn. I don't think that other parents should worry about who has a 504, because if it isn't there kid, then it isn't their business. If your child was eligable for special accommodations under 504, wouldn't you want him to be treated equally. I also don't think that it is too much pressure on the teacher because she will probably have some help from an aide. If she does feel overwhelmed she could always consult with the school psychologist and create a PBS to correct a distruptive behavior.

Jessica S said...

Honestly, one doesn't really need to be classified with ADHD to be annoying. There are plenty of annoying children who do not have a classification. Should they be put in a seperate classroom because they are annoying?
And, with regard to the child receiving extra attention, most attractive children receive more attenion than those children who aren't considered such, as many studies have shown. Should we create a seperate class for pretty children because the ugly ones are being ignored? Discussing accomodations for another child is gossiping, as Roxann said, and it violates privacy laws. You wouldn't discuss another child's grades, this is no different.

jesse s said...

When it comes to children with ADHD in the classroom I think that Jessica hit the nail on the head. First of all, just because a child has ADHD does not mean they will have a negative impact on their classmates. Secondly, a child with no classification can be annoying, obnoxious and misbehaved. In this situation I feel that it depends on the individual and it is most definitely discriminatory to not allow students with ADHD to remain in the regular education classroom. When it comes to extra involvement with these students I think that with the proper modifications these students will not really need so much time that other students are being neglected, and if this is the case then maybe the teacher should be looked at. All in all a student with ADHD has the capacity to learn and succeed as all other students and should not be held back or kept out of the general education.