This is a common roadblock families face—especially with students who are “high-achieving” but still struggle with ADHD. Schools often argue that because the student makes good grades, they don’t need a 504 plan. But that’s a misinterpretation of Section 504 law. Here’s how to navigate it:
1. Know the Legal Standard
- Section 504 Eligibility: A student qualifies if they have a physical or mental impairment that substantially limits one or more major life activities (34 C.F.R. §104.3).
- Major Life Activities include: concentrating, thinking, reading, learning, organizing, and regulating behavior—not just earning grades.
- Grades are not the only measure. A student can make As and Bs and still qualify if ADHD substantially limits focus, organization, test-taking, or other aspects of school functioning.
👉 The Office for Civil Rights (OCR) has ruled repeatedly that academic success does not automatically disqualify a student.
2. Document Functional Limitations
To strengthen your case, gather evidence showing how ADHD impacts your child beyond grades:
- Teacher feedback: struggles with attention, completing work on time, staying seated, behavior redirection.
- Medical/psychological documentation: ADHD diagnosis, symptom severity, medication effects.
- Work samples: missed homework, sloppy work, incomplete tests despite strong knowledge.
- Standardized test performance vs. classroom grades: If the child underperforms on timed tasks, this is strong evidence.
- Parent observations: excessive time spent on homework, emotional outbursts, fatigue from coping strategies.
3. Request a 504 Evaluation in Writing
- Submit a formal written request for evaluation under Section 504 to the principal or district 504 coordinator.
- Cite Section 504 and the ADA Amendments Act (2008), which broadened protections and explicitly included concentration and thinking as major life activities.
- Include medical/psychological documentation of the ADHD diagnosis.
Example wording:
“I am requesting a Section 504 evaluation for my child under the ADA Amendments Act. Although my child currently maintains passing grades, ADHD substantially limits the major life activities of concentrating, focusing, and organizing, which affects daily functioning and educational access.”
4. Be Ready for Pushback
Schools may argue:
- “Good grades = no impact.”
→ Counter: Law focuses on access and functioning, not just academic performance. - “RTI/teacher support is enough.”
→ Counter: Informal supports can disappear at any time; a 504 plan gives legal protections.
If the school denies, request a written explanation of why they believe your child does not qualify. This paper trail is useful if you need to escalate.
5. Options if Denied
- Appeal within the district: Most districts have a grievance process.
- File a complaint with OCR: Parents can file a free complaint with the U.S. Department of Education Office for Civil Rights. OCR has ruled against schools that deny accommodations solely based on good grades.
- Consider outside advocacy: Disability Rights Mississippi (when funding allows), private advocates, or attorneys can help.
Here’s a sample parent letter you can adapt and send to your child’s school. It is written to be professional, assertive, and to anticipate the “good grades” objection.
Here’s a list of common ADHD accommodations under Section 504 that you can attach to your parent letter. These are evidence-based supports schools can implement without lowering academic standards.
ADDitude is an excellent resource with additional information and resources.
