On January 19, 2012 the Office of Civil Rights (OCR) released a "Dear Colleague" letter emphasizing the expanded definition of a disability under the 2008 Amendments of the Americans with Disabilities Act.
OCR also released a Question and Answer Guide on the ADA Amendments Act of 2008 for Students with Disabilities Attending Public Elementary and Secondary Schools.
Within the Question and Answer Guide, I was pleased to see OCR emphasize that "Grades alone are an insufficient basis upon which to determine whether a student has a disability," and that "Grades are just one consideration and do not provide information on how much effort or how many outside resources are required for the student to achieve those grades." Often, school districts will deny 504 and IEP eligibility because the child is receiving good grades. This OCR document provides support that the "report-card-only" eligibility test is not permissible.
If you have question about whether your child qualifies for 504 accommodations or IEP special education services, contact Wong & Boscarine. We represent students throughout Massachusetts, including Middlesex County, Essex County, Suffolk County, and Norfolk County
504 Eligibility - OCR Emphasizes Broader Coverage